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06/03/2008 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING June 3, 2008 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE ~? I II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA ~, a A. APPROVE MINUTES ,~Q /p B. PERSONNEL ITEMS /3 C. APPROVE Check Registers D. Item Moved to EDA agenda ~, ~~ E. APPROVE Request for Proposals (RFP) for Legal Services (General Legal, Prosecution, and Labor Services) p. )5 F. APPROVE Modification to Consent Decree with the Metropolitan Airport Commission regarding Noise Mitigation Bid Process and Mitigation Menu for Single-Family Homes within the 2007 60-62 Contours ICo G. APPROVE Resolution Establishing a New Polling Place for Precinct 18 ~,ouo H. APPROVE Change Order No. 1 for Contract 08-03 (City-wide Street Overlays) P~~ I. APPROVE Change Order No. 1 for Contract 08-04 (City-wide Street Overlays) po~4~T J. APPROVE Encroachment Agreement for Contract 08-04, Koch (Wescott Sidewalk) Q,~`~ K. APPROVE No Parking Designation - Nicols Road (Cedarvale Blvd. to TH 13 ~ L. APPROVE Purchase Agreement with Rahn Family Partnership and Wensmann Realty ~?y~ M. APPROVE City Financial Participation in Stormwater Improvements at Greyhawk Addition ~~~ N. APPROVE Extension of Preliminary Subdivision for The Heritage of Highview O. APPROVE Final Subdivision of Clearview 4th Addition ~, P. AWARD Bid for Build Out of Civic Arena Mezzanine to R.J. Ryan Construction, Inc. 10~ Q. APPROVE Agreement with Dakota County for the temporary relocation of the Wescott Library to the Civic Arena West Mezzanine R. Item removed '~ ~~ S. ACCEPT A Cash Donation from Wayne and Gwen Olsen for the purchase and installation of a tree in Central Park ~7?T. APPROVE CIP, Part III, Public Works Infrastructure (2009-2013) -P$~U. RECEIVE PETITION and direct staff to amend restrictive covenants to permit full-service restaurant and on-sale liquor at 525 Diffley Road, Lot 1, Block 1, Hawthorne Ridge, on the NW corner of Diffley Road /_ and Hwy. 3. ~~ V. APPROVE Jt. Powers Agreement Renewal for the Minnesota Department of Public Safety Criminal Justice Data Communications Network (CJDN) P 9~ W. APPROVE Plans and Authorize Ad for bids, Contract 08-02 (Lone Oak Sanitary Lift Station) V. PUBLIC HEARINGS ~,93 A. NORTHEAST EAGAN REDEVELOPMENT DISTRICT- Resolution Regarding the Modification of Redevelopment Plan for the Northeast Eagan Project Area, the Expansion of Development District #2 and the Establishment of Tax Increment Financing District No. 5. VI. OLD BUSINESS VII. NEW BUSINESS DEVELOPMENT -Wensmann Realty - A Comprehensive Guide Plan Amendment for 120 acres from Park and Recreational Open Space to Special Area (Low, Medium and High Density Residential), A Rezoning of 120 acres from Park to Planned Development and a Preliminary Planned Development of 120+ acres located at 3535 Wescott Woodlands on Lot 1, Block 1, Carriage Hills Club House Addition in the NW'/4 of Section 14. .P~~A. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY PLANNED dl~ B. PLANNED DEVELOPMENT AMENDMENT -Buffalo Wild Wings - A Planned Development Amendment to allow modifications to the building exterior and signage for the building located at 1280 Promenade Place on Lot 5, Block 2, Eagan Promenade in the SE %4 of Section 10. f ~~ C. PLANNED DEVELOPMENT AMENDMENT - EI Parian Mexican Restaurant - A Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant located at 1960 Cliff Lake Road. {~,~~ D. ON-SALE LIQUOR AND SUNDAY LICENSE for EI Parian Mexican Restaurant, Ic. Dba EI Parian Mexican Restaurant located at 1960 Cliff Lake Road, #117. ,~d~ E. PLANNED DEVELOPMENT AMENDMENT - De'lices De France - A Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant located at 1565 Cliff Road on Lot 2, Block 1, Cliff Lake Centre 3rd Addition in the SW %4 of Section 29. ,Q ~S~F. ON-SALE LIQUOR AND SUNDAY LICENSE for De'lices de France Bakery, LLC dba Pardon My French located at 1565 Cliff Road, Suite 1. G. ORDINANCE AMENDMENT - An amendment to the City Code, Chapter 6 entitled "Other Business ~3 Regulation and Licensing" by amending Section 6.36 regarding solicitation regulations; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. VI11. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE ~~ IX. ECONOMIC DEVELOPMENT AUTHORITY T, a A. Call to Order B. Adopt Agenda C. Consent Agenda 1. APPROVE minutes of the May 6, 2008 EDA meeting D. Old Business a5~ 1. Resolution of Reconveyance of Tax Forfeit Parcel (10-13700-030-01) Lot 3, Block 1 of Barton McGray Addition to the State of Minnesota E. New Business F. Other Business G. Adjourn X. ADMINISTRATIVE AGENDA /COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XI1. CLOSED SESSION XI11. ADJOURNMENT ~' Ciiy of Ea~au Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MAY 30, 2008 SUBJECT: AGENDA INFORMATION FOR JUNE 3, 2008 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 3, 2008 City Council agenda, the following items are in order for consideration. Agenda Information Memo June 3, 2008 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the May 20, 2008 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the May 20, 2008 regular City Council meeting are enclosed on pages through . MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL $--- Eagan, Minnesota r ~` May 20, 2008 A Listening Session was held at 6:00 p.m, prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Bakken and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, May 20, 2008 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Bakken and Tilley. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty, and Administrative Secretary /Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that a closed session would be necessary to discuss pending litigation. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye: S Nay: O RECOGNITIONS AND PRESENTATIONS Assistant to the City Administrator Dianne Lord was recognized for receiving the Association of Public Management Professionals' award for Outstanding Assistant of the Year. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the May 6, 2008 regular City Council meeting and the Apri129, 2008 Special City Council meeting as presented. B. Personnel Items L It was recommended to accept the letter of resignation from Noemi Rivero, Payroll Speicalist 2. It was recommended to approve the hiring of Gina Dwyer as Payroll Specialist. 3. It was recommended to approve the hiring of Matt Smith and Matt Selby as seasonal utilities maintenance workers. 4. It was recommended to approve the hiring of Mark Danielson and Ben Wickboldt as seasonal engineering techs. 5. It was recommended to approve the hiring of Yusuf Yusuf as a seasonal landscape crew laborer. 6. It was recommended to approve the hiring of Andrew Koppang as a seasonal ballfield attendant. C. It was recommended to ratify the check registers dated Apri130, 2008 and May 8, 2008 as presented. D. It was recommended to reschedule the August 5, 2008 regular City Council meeting to August 4, 2008. E. It was recommended to adopt a Resolution approving a Lawful Gambling Exempt Permit for the Experimental Aircraft Association to hold a raffle on October 5, 2008 at the Eagan Community Center. F. It was recommended to authorize the advertisement for bids to purchase three fire engines. G. It was recommended to approve a modification to increase the 2008 Eagan Community Center budget by $11,000 to purchase replacement banquet chairs. H. It was recommended to approve a modification to increase the 2008 Eagan Community Center budget by $30,000 to purchase replacement coping stones. I. It was recommended to accept a cash donation of $300 from the Keeler family to plant a tree. J. Removed from agenda. K. It was recommended to approve a 60-day extension of time to record the fmal plat for CCBC Addition, located in the NE'/4 of Section 03. L. It was recommended to acknowledge the completion of improvements for City Project No. OS-M (Steeplechase) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. Eagan City Council Meeting Minutes May 20, 2008 Page 2 I M. It was recommended to proclaim June 2008 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to proclaim May 18 through May 24, 2008, as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve an addendum to the bid documents for Contract 08-07 (Water Reservoir Reconditioning, Lexington/Diffley & Safari) and authorize the advertisement for a new bid opening to be held at 2:00 p.m., Thursday, June 12, 2008. P. It was recommended to approve a Conditional Use Permit condition clarifying the building size of 34,750 square feet for the grocery store to be located at 1646 Diffley Road, on Lot 4, Block 1, Diffley Plaza. Q. It was recommended to accept the resignation of Jack Prentice from the Eagan Airport Relations Commission. PUBLIC HEARINGS CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges introduced this item regarding the final assessment roll for delinquent weed cutting bills. He noted that the public hearing had been opened at the May 6 meeting where Kevin Manley requested the delinquent weed bills related to two of his properties be reconsidered due to his recent acquisition of the property. Staff was directed to review the bills in relation to when the work was performed and when Mr. Manley took possession of the properties, as well as determine if the appropriate assessment search was conducted by the title company prior to the closing and whether or not these dollar amounts were identified as pending assessments at that time. Mr. Manley was to follow up on contacting the closing agent and to date staff has not been contacted by Mr. Manley or the closing agent. Mayor Maguire re-opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councihnember Tilley seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT BOARD UP BILLS City Administrator Hedges introduced this item regarding the final assessment roll for the delinquent board up bills. He noted that the public hearing had been opened at the May 6 meeting where Kevin Manley requested the delinquent board up bill related his property at 557 Spruce Street be reconsided. Staff was directed to review the bill in relation to when the work was performed and when Mr. Manley took possession of the property, as well as determine if the appropriate assessment search was conducted by the title company prior to the closing and whether or not these dollar amounts were identified as pending assessments at that time. Mr. Manley was to follow up on contacting the closing agent and to date staff has not been contacted by Mr. Manley or the closing agent. Mayor Maguire re-opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councihnember Tilley moved, Councihnember Fields seconded a motion to approve the final assessment roll for the delinquent board up bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 VARIANCE - 3390 COACHMAN ROAD (FOXRIDGE SHOPPES LLC) City Administrator Hedges introduced this item regarding a request for a Variance to allow a detached trash enclosure for property at 3390 Coachman Road. City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes May 20, 2008 Page 3 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to allow a detached trash enclosure for property at 3390 Coachman Road, legally described as Lot 1, Block 1, B.B.D. Addition, located in the SW '/a of Section 9 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 facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The enclosure walls shall be integrally colored and Trex gate boards used shall match or compliment the color of the existing building. 3. Necessary approvals from Xcel to construct within their easement area must be secured, and evidence any submitted to the City with the Building Permit application materials. 4. A Building Permit shall be obtained prior to commencing construction. VARIANCE - (EAGAN HILLS ALLIANCE CHURCH) City Administrator Hedges introduced this item regarding a request for a Variance to the required 50 foot setback for a three story classroom/office addition to the existing church building at 700 Diffley Road City Planner Ridley gave a staff report. Mayor Maguire opened the public hearing. Lisa McMann, who lives adjacent to the church property, asked if any trees are to be cut down, if any additional lighting is being installed, what is the height of the building, and if any additional landscaping is to be installed. City Planner Ridley and the applicant addressed the questions of Ms. McMann. Ms. McMann stated that the properties adjacent to the site had suffered due to the addition of the parking lot and would become even worse with the proposed building. Director of Public Works Colbert spoke to site drainage concerns. There being no further public comment, Mayor Maguire closed the hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Variance to the required 50 foot setback for a three story classroom/office addition to the existing church building at 700 Diffley Road in the NW '/4 of Section 25 subject to the following conditions: Aye: 5 Nay: 0 L If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The proposed classroom/office addition shall utilize the same exterior building materials as the existing church building. 3. The trash enclosure shall be relocated elsewhere within the site to a location that satisfies ordinance requirements. The trash enclosure shall be designed in accordance with the provisions in the City ordinance, and shall be constructed of masonry materials to match the principal building. OLD BUSINESS FINAL PLANNED DEVELOPMENT - MSP COMMERCIAL City Administrator Hedges introduced this item regarding a Final Planned Development for a two story medicaUofflce building upon approximately 3.39 acres located south of Best Buy on Town Centre Drive. City Planner Ridley gave a staff report. Eagan City Council Meeting Minutes May 20, 2008 Page 4 ~R~ ~~ Alex Young, representing MSP Commercial, discussed a proposed pier /boardwalk along the wetland area. Discussion was held among Council members and Mr. Young regarding the labeling of certain parking stalls as compact. Further discussion occurred relative to parking stall dimensions and the City Council agreed that reducing the depth of the northern and southern tier of parking was the preferred way to avoid wetland impact and maintain the trail along the edge of the ponding area. Councilmember Bakken moved, Councihnember Fields seconded a motion to affirm the Wetland Delineation for property located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2nd Addition, in the NE '/4 of Section 15. Aye: 5 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Final Planned Development for atwo-story medicaUoffice building upon approximately 3.39 acres located south of Best Buy on Town Centre Drive, legally described as Lots 2 and 3, Block 1, Eagan Place 2nd Addition in the NE'/a of Section 15 subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development shall be required and an agreement shall be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Signage Plan e. Final Site Lighting Plan 2. The property shall be replatted as a single lot and the plat recorded with the Dakota County Recorder's office within 60 days of plat approval and prior to issuance of a building permit. 3. A separate screening structure that extends at least as high as the rooftop equipment itself shall be installed. This screening structure shall be a single structure to encompass all of the equipment, and shall be constructed of materials that are architecturally compatible with the exterior materials of the principal building. Plans for the screening structure shall be provided with the building permit application. 4. Trash storage shall be located within the principal building. 5. Building signs shall be located as shown on the approved elevations, and all building signs shall be similar in design and of the same type of construction. 6. The total number of building signs shall not exceed five signs. Only one building sign shall be permitted for each tenant. Up to two building signs on separate elevations maybe permitted for a single tenant occupying 50% or more of the building. 7. The Landscape Plan shall be revised to show opaque landscape screening of ground mounted mechanical equipment. 8. The monument sign shall be set back 10' from the sidewalk easement as required by City Code. 9. The base of the monument sign shall be constructed of the same brick to match the principal structure. 10. The monument sign face shall be reduced to no more than 4 feet in height. 11. All site lighting shall be downcast and shielded such that the source of light is not visible from off the property. 12. The developer shall provide evidence of private ingress/ egress easements between the properties, for review and approval by the City Attorney prior to building permit approval. 13. The developer shall provide a Tree Inventory and Tree Preservation Plan for review and approval by the City Forester prior to issuance of a building permit. 14. The applicant shall provide evidence, in a form acceptable to the City Attorney, of the shared parking rights that the property has to adjacent property, as well as any shared parking rights that encumber this property. 15. In accordance with Eagan City Code § 11.67 Subd. 4.B., the applicant shall have the wetland partially on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have the wetland assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). 16. Any proposal to impact wetland on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance specifically with Eagan City Code § 11.67 Subd. 5., Wetland Sequencing and Replacement Requirements. / l.9 Eagan City Council Meeting Minutes May 20, 200E Page 5 + I 17. The wetland on the site shall have a Wetland Buffer in accordance with Eagan City Code § 11.67 Subd. 6 through Subd. 10. 18. Prior to issuance of the certificate of occupancy, the applicant shall complete a subdivision and platting of the property consistent with the Site Plan received Apri129, 2008. 19. The parking lot shall be reconstructed and an additional row of parking shall be added on the north side of the parking lot adjacent to the pond to total 126 on-site parking stalls. 20. The trail shall be reconstructed north of the parking lot and extend to the new easterly site boundary. 21. The applicant shall remove the existing parking lot and lighting from the easterly parcel to be conveyed to BCBSM and restore the area with seed. 22. Any increase in impervious surface from the existing conditions on the newly created westerly lot shall provide for water quality measures in accordance with the Water Quality Management Plan for volume reduction, phosphorus and sediment removal. Plans for how this is to be accomplished shall be submitted for review and approval by City staff prior to Final PD approval. 23. Revise and resubmit all development plans to reflect the modified Site Plan prior to Final PD approval. 24. Final status of the parking lot delineation shall be reviewed and approved by City Staff. The northern and southern most rows of parking stalls shall have a depth (~ 17.5') that will accommodate the trail adjacent to the pond. PLANNED DEVELOPMENT AMENDMENT - EZ AIR PARK City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow the following phased improvements on a 14 acre property located at 2804 Lexington Avenue and an unplatted parcel and part of Lot 6, Eagandale Industrial Park No. 2: Phase I (2008): an additional exit lane and a cashier booth, along with related equipment and a canopy Phase II (2009): a 987 square foot office expansion Phase III (2010+): covered parking on the first 50 spaces in the northern most row of parking City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow the following phased improvements on a 14 acre property located at 2804 Lexington Avenue and an unplatted parcel and part of Lot 6, Eagandale Industrial Park No. 2 in the S W '/4 of Section 2: Phase I (2008): an additional exit lane and a cashier booth, along with related equipment and a canopy Phase II (2009): a 987 square foot office expansion Phase III (2010+): covered parking on the first 50 spaces in the northern most row of parking Approval is subject to the following conditions: Aye: 5 Nay: 0 An Amendment to the Planned Development Agreement shall be executed and recorded against the property at Dakota County. Prior to or in conjunction with Phase II, the property shall be platted into a single lot and the applicant shall apply separately for a rezoning of the property to PD -Planned Development so there is only one zoning on the property. The Applicant shall provide a revised Site Plan to provide details such as existing setback information, existing parking stall counts, dimensions of parking stalls and drive aisles, as well as perimeter fence information. Signage shall comply with City Sign Code requirements. The lane operation and parking canopies shall be identical in color. The Applicant shall provide documentation addressing concerns in the staff report about the variation in light levels specifically with regard to the level of illumination beneath the proposed canopies to prevent glare to passing motorists and onto adjacent property. The canopy lights and lenses shall be fully recessed so that only the illumination is observed and the source of light is not visible. Prior to or in conjunction with Phase II, the Applicant shall work with the City and provide a revised Site Plan depicting additional green space (~ 26,000 SF) per City Code requirements. Eagan City Council Meeting Minutes May 20, 2008 - ~ ~ Page 6 9. A building permit shall be obtained prior to construction of the lane canopy, the office addition, and the carport canopy. NEW BUSINESS PRELIMINARY SUBDIVISION (LUNDBERG ADDITION) -TERMINAL DRIVE LLC City Administrator Hedges introduced this item regarding a preliminary subdivision to create two lots upon approximately 3.3 acres for property located at 3195 Terminal Drive. City Planner Ridley gave a staff report. Councihnember Fields moved, Councilmember Bakken seconded a motion to approve a Preliminary Subdivision to create two lots upon approximately 3.3 acres for property located at 3195 Terminal Drive in the NE '/a of Section 8, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, C1 and E1. 2. The property shall be platted. 3. The developer shall provide private ingress/egress declaration, allowing for the shared access, for review and approval of the City Attorney. 4. Future development of this subdivision (i.e. parking, outdoor storage or building construction) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 5. The applicant shall protect preserved significant trees through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 6. The applicant shall contact the City Forestry division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 7. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Building Permit. 8. The rain garden shall be installed according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. 9. The developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long-term maintenance of the rain gardens. 10. Future development of this subdivision (i.e. parking lot expansion, building construction) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 11. This development shall achieve no-net increase of Total Phosphorus (TP) and Total Suspended Solids (TSS)loading or meet removal performance criteria of 50 percent TP and 80 percent TSS, whichever is more restrictive. 12. This development shall infiltrate or retain the first one-half inch of stormwater runoff from any rainfall event from: 1) new impervious areas of redevelopment activities and 2) the entire site of new development activities. 13. A cash dedication in lieu of on-site water quality ponding shall be required for this development at the time of Building Permit. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 8:10 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:16 p.m. Eagan City Council Meeting Minutes May 20, 2008 Page 7 ADMINISTRATIVE AGENDA i ~ ~l 1. Discussion regarding a desired process to fill an expected Council vacancy in light of Councihnember Carlson's announcement of her intention to resign her Council seat at the meeting on July 1, 2008 was held. It was agreed that further review of options and discussion would be held at the June 12 work session. 2. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Tobacco License renewal for Scott Stevens for the Oasis Market #576 at 3150 Dodd Road. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:30 p.m. Administrative Secretary /Deputy City Clerk Date 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. Agenda Information Memo June 3, 2008 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Adapted Recreation Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Nick Larson as a seasonal adapted recreation assistant. Item 2. Seasonal Park Laborer-- ACTION TO BE CONSIDERED: To approve the hiring of Erica Friede as a seasonal park laborer. Item 3. Part-time Seasonal Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Benjamin Anderson, Katherine Loher, Kimberlee Maczko, Abigail Maruish, Brenna O'Gorman, Megan O'Halloran, Claire Opsahl, Kevin Stevenson, Lindsey Van Domelen, Jocelyn Winter, Greg Bostrom, Molly Rodgers, Laura Farlee and Lauren Whitacre as part-time seasonal recreation leaders. Item 4. Part-time Seasonal Recreation Assistants-- ACTION TO BE CONSIDERED: To approve the hiring of Kaylin Bertsch, Brittany Dyshaw, Meghan Galloway, Kassandra Giles, Elizabeth Glomsl~i, Sarah Hannasch, Hillary Haynes, Katie Joyce, Carly Lash, Angela Moschera, Jordyn Michaud, Megan Mott, Michael Redig, Megan Schmeisser, Stephanie Same, Stephanie Schneider, Jessica Schmuck, Nick Schuetz, Sarah Unmacht, Julie Anderson, Mark Burkhardt, Laura Farlee, Michelle Finlon, Matt Mason, Brittany Patrias, Brad Walker and Murphy Smith as part-time seasonal recreation assistants. Item 5. Part-time Seasonal Program Assistants-- ACTION TO BE CONSIDERED: To approve the hiring of Greg Bostrom and Michelle as part-time seasonal program assistants. Item 6. Seasonal Recreation Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Tanya Beekman as a seasonal recreation intern. ~~ Agenda Information Memo June 3, 2008 Eagan City Council Meeting Item 7. Part-time Seasonal Preschool Teachers-- ACTION TO BE CONSIDERED: To approve the hiring of Jackie Levondowski, Judy Forde and Amber Orr as part-time seasonal preschool teachers. Item 8. Part-time Seasonal Tennis Instructors-- ACTION TO BE CONSIDERED: To approve the hiring of Michelle Collette, Iosif Sorokin and Nicole Fischer as part-time seasonal tennis instructors. Item 9. Part-time Seasonal Tennis Assistants-- ACTION TO BE CONSIDERED: To approve the hiring of Brian Donahue, Jenni Harms, Anthony Lutovsky, Grant Ribar and Steven Schull as part-time seasonal tennis assistants. Item 10. Part-time Seasonal Lifeguards/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Sarah Koenen, Nick Brannan, Megan Nistler, and Sarah All as a part-time seasonal lifeguards at Cascade Bay. Item 11. Part-time Seasonal Coordinators/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Mark Daniel and Benjamin Huhner as a part-time seasonal coordinators at Cascade Bay. Item 12. Part-time Seasonal Pool Attendants/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Erika Melcher, Heidi Svien and Elizabeth Massie as part-time seasonal pool attendants at Cascade Bay. Agenda Information Memo June 3, 2008 Eagan City Council Meeting Item 13. Part-time Seasonal Buildings/Grounds Attendant II/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Joseph Morrison as a part-time seasonal buildings/grounds attendant II at Cascade Bay. Item 14. Part-time Seasonal Guest Services I/Cascade Bay-- ACTION TO BE CONSIDERED: To approve the hiring of Peggy Horan, Kristine Wietecha, Brittany Eng, Marcus Simpson and Joseph Deraney as a part-time seasonal guest services I at Cascade Bay. Item 15. GIS Seasonal-- ACTION TO BE CONSIDERED: To approve the hiring of Eric Kopras as a GIS seasonal. la Agenda Information Memo June 3, 2008 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 15, 2008 and May 22, 2008 as presented. ATTACHMENTS: • Check registers dated May 15, 2008 and May 22, 2008 are enclosed without page number. t~ Agenda Information Memo June 3, 2008 City Council Meeting E. APPROVE REQUEST FOR PROPOSALS (RFP) FOR LEGAL SERVICES (GENERAL LEGAL, PROSECUTION, AND LABOR SERVICES) ACTION TO BE CONSIDERED: To approve the solicitation of request for proposals (RFP) for legal services (General Legal, Prosecution, and Labor Services) FACTS: • The City has a practice of reviewing consulting services every six years. • Legal Services was last reviewed in 2001, and is now being proposed for review in 2008. • The RFP for legal services includes requests for submittals in the areas of general legal services, prosecution, and labor services. • The following timeline is proposed for the RFP Process: o June 3, 2008-City Council Approval of RFP o June 9, 2008Distribute/Advertise RFP's o June 25, 2008Pre-submittal/Proposer's Conference o August 8, 2008-RFP Submittals Due o August 11-15, 2008-Staff Evaluation of Proposals o August 18-22, 2008Staff/Committee Interviews o September 1-5, 2008-City Council Interviews (if directed by the Council) o September 16, 2008-City Council Approval of Selected Firms ATTACHMENTS: • Enclosed without page number is the RFP for Legal Services (General Legal, Prosecution, and Labor Services) ~~ Agenda Information Memo June 3, 2008 City Council Meeting F. APPROVE MODIFICATION TO CONSENT DECREE WITH THE METROPOLITAN AIRPORT COMMISSION REGARDING NOISE MITIGATION BID PROCESS AND MITIGATION MENU FOR SINGLE-FAMILY HOMES WITHIN THE 2007 60-62 CONTOURS ACTION TO BE CONSIDERED: To approve a modification to the Consent Decree with the Metropolitan Airport Commission regarding the noise mitigation bid process and mitigation menu for single-family homes within the 2007 60-62 Contours. FACTS: • The Cities of Eagan, Minneapolis, and Richfield, along with the Minneapolis Public Housing Authority approved a settlement in the litigation against the Metropolitan Airports Commission (MAC) regarding noise mitigation on October 19, 2007. • Under the settlement, approximately $127 million will be spent by the MAC to mitigate 9,561 homes. • The next significant mitigation benchmark under the consent decree is for the MAC to mitigate homes within the 2007 60-62 DNL contours, which includes homes in Eagan. • Under the approved consent decree, homeowners in the 60-62 DNL contours are responsible for obtaining and submitting to MAC installation quotes from a minimum of two contractors. • Given the administrative burden that this requirement places on both the MAC and the homeowners, the MAC is recommending that the requirement of homeowners to obtain quotes be waived; and rather, the MAC would initiate a bulk bidding process for the mitigation of all homes in the 60-62 DNL contours. • MAC's experience demonstrates that homeowners are likely to receive a greater number and variety of mitigation products with a bulls bidding approach for the mitigation menu. • Additionally, awarding the contract to the "lowest responsible" bulls bidder insures that homeowners will receive the maximum amount of mitigation within the dollar limits set by the consent decree. • The MAC is requesting that the cities of Eagan, Minneapolis and Richfield concur in writing that the MAC may use a bully bidding process for the mitigation menu and waive the requirement that homeowners submit two or more quotations. • Richfield has already approved the change, and Minneapolis is anticipated to also approve the change this week. Agenda Memo June 3, 2008 Regular City Council Meeting NEW BUSINESS: G. ORDINANCE AMENDMENT - An amendment to the City Code, Chapter 6 entitled "Other Business Regulation and Licensing" by amending Section 6.36 regarding solicitation regulations; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99. ACTION TO BE CONSIDERED: Approve an amendment to Chapter 6 of the Eagan City Code entitled "Other Business Regulation and Licensing" by amendment Section 6.36 regarding solicitation regulations; and by adopting by reference Eagan City Code Chapter 1 and Section 6.99 FACTS: • The Police Department and Administration staff receive numerous calls each year from concerned citizens regarding their encounters with door to door solicitors. • At the May 6, 2008 Listening Session, residents expressed their concern over solicitors that have been going door to door and asked Council to consider a more restrictive registration /licensing process. • Council directed staff to proceed with a draft ordinance amendment to be considered at a future meeting. • Staff has been working with the City Attorney's office to draft an amendment that is similar to other cities. A survey of neighboring cities is attached. • The objective of the amendment is to protect citizens, prevent crime and be enforceable at the same time withstand constitutional challenge. • The amended ordinance would require that peddlers, solicitors, or transient merchants obtain a license from the City by completing a form provided by the City. A copy of the proposed application is attached. All applicants for a license under the amended ordinance would incur a fee that will cover the costs of a background investigation to be conducted by the Police Department. Staff is proposing that the fee be set at $100 which is the amount charged for massage therapists. Consideration of an amended fee schedule will be placed on a future Council meeting agenda. • After a background investigation is completed and if the Police Department deems the application in order for approval, the license will be granted for one year from the date of issuance. • No license or license fee shall be required when the activity is for the purpose of exercising a person's State or Federal Constitutional rights, such as the freedom of speech, press, religion and the like. In addition, no license shall be required for any canvassing, soliciting, or fund raising for the purpose of charitable organizations. Registration only will be required for these activities. ~~ • The ordinance amendment also addresses what constitutes license ineligibility, license suspension and revocation, notice of suspension and revocation and the licensee's right to a public hearing should they request one in the event of suspension or revocation. • While certain organizations cannot be exempt from the licensing process due to the commercial nature of their solicitation (i.e. Girl Scouts, Boy Scouts, and other youth groups), enforcement of the proposed ordinance would be on a complaint basis. There have been no complaints from residents in the past several years for these type solicitations. • Currently the City has 66 solicitor registrations, with only four (4) being registrations of canvassing or charitable organizations. There are approximately 24 applications for registration awaiting approval, all of which are door to door sales. ATTACHMENTS: • A copy of the survey of neighboring cities is attached as page • A copy of the draft amendment is attached as pages ~ throug • A copy of the proposed application form is attached as pages fl~ SOLICITOR LICENSING SURVEY The following cities require solicitors, peddlers and transient merchants to be licensed: Apple Valley Bloomington Burnsville Edina Mendota Heights Fee $75 per year $28 for six months $50 per year $30 for 14 days $5 per day The licenses are issued to each individual rather than by company or organization. ~~ ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.36 REGARDING SOLICITATION REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain Section 1. Eagan City Code Chapter 6, Section 6.36, is hereby amended by deleting Subdivisions 5 and 6 in their entirety. Section 2. Eagan City Code Chapter 6, Section 6.36 is hereby amended by adding Subdivisions 5 through 9 to read as follows: Subd. 5. Licensing: Exemptions. Al License reauired. Except as otherwise t~rovided in this Section. no person shall conduct business as either a peddler, a solicitor, or transient merchant without first having obtained a license from the City. The license shall be carried by the person soliciting or peddling and shall be shown to any resident or police officer upon demand. (B) License a~~lication. Application for a city license to conduct business as a peddler, transient merchant, or solicitor shall be made before the applicant conducts business. Application for a license shall be made on a form available from the office of the City Clerk. The application shall be si n~ t~pplicant. All applications shall include the following information: ~1~ Applicant's full legal name; (2) All other names under which the applicant conducts business or to which applicant officially answers; ~3) A physical description of the applicant chair color, eye color, height, wei _hg_t, distin ug fishing marks and features, and the like); (4) Full address of applicant's permanent residence; (5) Telephone number of applicant's permanent residence; (6) Full legal name of anY and all business operations owned, mana eg d or operated by applicant or for which the applicant is an employee or went for which the license is applied; (7) Full address of applicant's re ug_lar place of business (if anx); ~8~y and all business related telephone numbers of the applicant; tq (9) The type of business for which the applicant is applying for a license; X10) Whether the applicant is appl~g for an annual or temporary license; (11) The dates during which the applicant intends to conduct business, and if the applicant is applying for a temporary license, the number of days he or she will be conducting business in the city (maximum 14 consecutive days); (12) Any and all addresses and telephone numbers where the applicant can be reached while conducting business within the cites (13) A statement as to whether the applicant has been arrested or convicted within the last five years for any violation of any state or federal statute or any local ordinance, other than traffic offenses, providing for each violation the offense, the date of the offense, the disposition of the offense, the date of the disposition of the offense, and the city, county and state in which the offense occurred; (14) A statement as to whether the applicant is the subject of any complaint filed with any municipality, Better Business Bureau, Attorney General office or other agency, providing date and location of the complaint and the agency within which the complaint was filed. (15) A statement whether the applicant had a license for solicitation from any other municipality and/or county which was revoked within the past five X16) A list of the three most recent locations (city, town county and state) where the applicant has conducted business as a peddler; (17) A general description of the items to be sold or services to be provided; (18) All additional information deemed necessary the City Council; (19) The applicant's driver's license number or other acceptable form of photo identification; and X20) The license plate number, registration information and vehicle identification number for any vehicle to be used in conjunction with the licensed business and a description of the vehicle. ~C) Fee. All applications for a license under this Section shall be accompanied by the fees established in the City's fee schedule as adopted from time to time by resolution of the City Council. ~D) PNOCedure. Upon receipt of the completed application and payment of the rewired fees, the City Clerk shall forward the application to the Chief of Police or designee. An application shall be determined to be complete only if it is signed and all required information is provided. If the City Clerk determines that the application is incomplete, the City Clerk shall inform the applicant of the required necessary information which is missing. The Chief of Police or designee p~® or designee shall review the application and conduct an investigation, including_ back round checks, necessary to verify the information provided with the application. ~1) The license may be issued by the City Clerk when the police department's investi ag tion is completed or within seven business da~pplication, whichever is earlier. (2) The license shall be denied if the application is not complete or the applicant is ineligible for a license pursuant to the provisions herein. _(E) Duration. A license granted under this Section shall be valid for a period of 364 days from the date on which the license was issued. (F) License exemptions. (1) No license shall be required for any person to sell or attempt to sell, or to take or attempt to take orders for, any product rown, produced, cultivated, or raised on any farm. (2) No license shall be required of andperson going from house-to-house, door-to-door, business-to-business, street-to-street, or other type of place-to-place when the activity is for the purpose of exercisin tg hat person's State or Federal Constitutional rights, such as the freedom of speech, press, religion and the like. However, the person will not be exempt from licensin ig f the person sells or attempts to sell an~goods or services in connection with the door-to-door canvassmg. (3) Professional fundraisers working on behalf of an otherwise exempt person or group shall not be exempt from the licensingrequirements of this Section. (4) No license shall be required for any canvassing, soliciting, or fund raising for the purpose of charitable organizations if such organization is registered with the attorney eg neral pursuant to the provisions of M.S. § 309.52 as a charitable organization or exempted pursuant to the provisions of M.S. § 309.515; however, the organization shall register with the Ci as required herein. ~5) Transient merchants operating within a building in an area zoned for retail sales or where permitted by the zoning regulations in this Code. (6) Peddlin ,selling, or solicitin ag s a registered vendor at a civic or community festival or event, such as farmer's market, art fair or holiday festival. _(G) License Ineli ig bilit~ An application for a license under this Section shall be denied if any of the following exists: (1) The applicant provides any false, misleading, or misrepresenting information requested by the City as a part of the application, or the failure to si ng the application, or the failure to pay the required fee at the time of application; (2) The arrest or conviction of the applicant within the past five years from the date of application for any violation of any federal or state statute or regulation or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the license is being sought in an honest and legal manner. Violations shall include but not be limited to: burglary, theft or theft-related offenses, larceny, swindling, fraud, unlawful business practices, any form of actual or threatened physical harm against another person; and any offense or violation committed in the course of solicitation or peddling activity1 (3) The revocation within the past five years from the date of the application of any license issued to the applicant for the purpose of conducting business as a peddler, solicitor or transient merchant; (4) The applicant is found to have a bad business reputation. Evidence of a bad business reputation shall include, but not be limited to, the existence of more than three complaints a ag inst the applicant filed with any municipality, the Better Business Bureau, the Attorney General's Office, or other similar business or consumer. rights office or agency within the preceding five years of the date of application. Subd. 6. License Suspension and Revocation. ~A) Generally. Any license issued under this Section may be suspended or revoked at the discretion of the City Council for violation of any of the following_ (1) Fraud, misrepresentation or incorrect statements on the application form; (2) Fraud, misrepresentation or false statements made during the course of the licensed activity; (3) Arrest or conviction of any violation for which rg anting of a license could have been denied under this Section; L) Violation of andprovision of this Code; or _~5) Upon being arrested or charged for an unlawful act as described in Subd. 5(G)(2) herein. (B) Notice. Prior to revokin og_ r suspending any license issued under this Section, the City shall provide the license holder with written notice of the alleged violation(s) and inform the licensee of his or her right to a hearing on the alleged violation. Notice shall be delivered in person or by U.S. mail to the permanent residential address listed on the license application, or if no residential address is listed, to the business address provided on the license application. (C) Public hearing. Upon receiving the notice provided in clause (B) of this Subdivision, the licensee shall have the right to request a hearing. If no request for a hearing is received by the City Clerk within ten regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the U.S. mail. If a hearin ig_ s requested ~~ within the stated time frame, a hearing shall be scheduled within 20 days from the date of the request. Within seven regular business days of the hearing, the City Council shall notify the licensee of its decision. (D) Eme~^gency. If, in the discretion of the Chief of Police or designee, imminent harm to the health or safety of the public may occur because of the actions of a person licensed under this Section, the city immediately suspend the person's license and provide notice of the ri hg t to hold a subsequent public hearin as prescribed in clause (B) of this Subdivision. Subd. 7. License Transferability No license issued under this Section shall be transferred to andperson other than the person to whom the license was issued. Subd. 8. Registration. (A) An organization registered with the Minnesota Attorney General pursuant to Minn. Stat. §309.52 as a charitable organization or exempted by Minn. Stat. §309.515 is exempt from the licensing requirements of this Section, but shall register with the City. No fee shall be required for registration. Registration shall be made on a form provided by the city and shall include the following information: (1) Name and address of the organization; (2) Name and address of the person seekin tg o register on behalf of the organization; (3) Names and addresses of all of the officers and no more than four directors of the organization; (4) Period during which canvassing, solicitation, or fund raising is to be carried on, not to exceed five ,, e (5) Purpose of the cause for which registration is sou hg t; and (6) Evidence of registration with the Minnesota Attorney General or exemption from registration pursuant to M.S. ~& 309.515 or 309.52. (B) Upon completion of the registration form, the City Clerk shall issue to the registrant a Certificate of Registration as proof of the registration. Certificates of Registration shall be non- transferable and state the date of issuance and length of time, not to exceed a period of 364 consecutive days from the date of issuance, that the same shall be operative. (C) Each time during said 364-day period or less, as registered with the City by the organization, that solicitation is conducted, such organization shall furnish to the City Clerk the list all of its members, agents, or representatives who are conducting solicitations on behalf of the organization, solicitation credentials, in writin ,, sag the name of the organization, name and address of the person issuing credentials on behalf of the organization, name of agent to whom the ~~ whom the credentials are issued, purpose of solicitation and period during which solicitation is to be carried on, not to exceed the period of time during which the registration certificate issued to the organization is operative. (D) No person shall solicit on behalf of any organization until first registering with the City as set forth herein. Subd. 9. Exclusion by Placard. No peddler, solicitor or transient merchant, unless invited to do so by the property owner or tenant, shall enter the property of another for the purpose of conducting business as a peddler solicitor or transient merchant when the property is marked with a si n or placard at least four inches long and four inches wide with print of at least 48 point in size stating "No Peddlers, Solicitors or Transient Merchants " or "Peddlers Solicitors and Transient Merchants Prohibited " or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with an~gn or placard under this section. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 6 City Council By: Mike Maguire Its: Mayor ~~ CITY OF EAGAN SOLICITOR, PEDDLER OR TRANSIENT MERCHANT LICENSE APPLICATION Name: First Full Middle Last Driver's License or Identification Card Number: State: Permanent Home Address Street City State Zip Local. Address Street Registrant'sDate of Birth City State Zip Physical description including any distinguishing marks and features. Male Female Registrant's Vehicle Model /Color Plate Number State Name of Employer, principal or supplier, if other than self: Address: Phone: Supervisor's Name: Phone: Registrant's position with business for which she/he is soliciting, peddling, or transient merchandising. Has applicant been convicted within the last five years of any felony, gross misdemeanor, or misdemeanor for violation of any state or federal statute, or any local ordinance, other than traffic offenses? des _No If yes, describe the nature of offense and penalties assessed: Goods and Services: (Describe goods and services to be sold Schedule: (List dates, days and hours registrant plans to be in the City) Transient merchant sales: Location of Sales Registration in other cities. List three. most recent cities where registrant has conducted business as a solicitor, peddler or transient merchant. The Minnesota Data Practices Act requires that we inform you of your rights about the private data we are requesting on this form.. Private data is available to you, but not the public. We are requesting this data to determine your eligibility for a license or permit from the City of Eagan. Providing the data may disclose information that could cause your application to be denied. You are not legally required to provide the data, however, refusing to supply the data may cause your registration to not be processed. Your signature on this application indicates you understand these rights. Signature Processing of this registration rnay take up to 5 business days. ~~ Agenda Information Memo June 3, 2008 Eagan City Council Meeting A. CONTRACT 08-03 CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 08-03 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 08-03 provides for the street improvements of: o Safari Estates Addition (City Project 955) o Briar Hill ls`/ 2"d/ 4"' Additions (Project 956) o Blackhawk Oalcs Addition (Riverton Avenue -Project 957) o Towerview Road (West of Pilot Knob Road -Project 958) o Eden Addition (Project 959) o Brittany 8t1i- 10"' Additions (Project 960) o Bur Oak Hills Additions (Project 961) o Lexington Pointe Parkway/Daniel Drive (Project 968), and the rain garden improvements in various boulevard areas within these neighborhoods. • On April 15, 2008, the City Council awarded the base bid for Contract 08-03 for these improvements. Included in this contract is the construction of boulevard rain gardens at various locations throughout the project. • Change Order #1 provides for the following work: o PART I -This portion provides. for trail overlay work within the contract area, specifically the addition of the overlay of the trail (approximately 200 feet) from Riverton Avenue to Blaclchawlc Park within City right-of--way platted as Riverton Court. This trail has reached a condition that warrants the bituminous overlay. Including this work under this contract will achieve an economy of scale with the adjacent street overlay work on Riverton Avenue (Proj. 957). The unit costs of this trail overlay is consistent with bid prices received for similar work under Contract 08-04. (ADD $2,250.00). ' o PART II -This portion provides for the addition of sand material to improve infiltration capabilities of the five proposed rain gardens in the project area, and curbline catch basins and pipe to direct storm water runoff from the street gutter to the rain gardens, increasing the amount of runoff directed to the rain gardens to increase their effectiveness. The cost of the additional work is consistent with relevant bid items on other projects within the city or metro area. (ADD $14,697.50). • The change order provides for a total ADD of $16,947.50 (L2% of original contract). The cost of the additional work under Part I of the change order will be the responsibility of the City'sMajor Street Fund. The cost of the additional work under Part II of the change order will be the responsibility of the City'sWater Quality Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSUES: • The rain gardens included as part of the original contract plans were authorized with the approval of the Water Quality portion of the 2008-2012 Capital Improvement Program (CIP). Due to the lack of experience with the implementation of rain gardens, staff sought guidance from experienced consultants. who suggested the revisions incorporated in the proposed change order. d(~ Agenda Information Memo June 3, 2008 Eagan City Council Meeting I. CONTRACT 08-04, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 08-04 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Contract 08-04 provides for the street and trail improvements of: o Cedar Grove 15` & 2"d Additions (Streets & Utilities -City Project 953) o Glory Drive/ Cedar Ridge Circle (Project 954) o Cliff Drive (Project 962) o Nicols Road/ Nancy Circle (Project 963) o Elrene Road (Wescott Road to Yankee Doodle Road -Project 965) o Federal Drive (Washington Drive to Yankee Doodle Road -Project 966) o Wescott Road (Lexington Avenue to Hwy. 149 -Project 967) and the rain garden improvements in various boulevard areas within these neighborhoods. On April 15, 2008, the City Council awarded the base bid for Contract 08-04 for these improvements. Included in this contract is the construction of the boulevard rain gardens at various locations throughout the project. Change Order #1 provides for the following work: o PART I -This portion provides for the expansion of the trail overlay work within the contract area, specifically the addition of trail overlays on the south side of Wescott Road from Saddlewood Drive to ?Road, and on the south side of Cliff Road, from Nicols Road to approximately 400 feet east. These trails have reached a condition that warrant the bituminous overlays. Including this work under this contract will achieve an economy of scale with the adjacent street overlay work on Wescott Road. The unit costs of these additional trail overlays are consistent with bid prices received for similar work under Contract 08-04. (ADD $21,852.50) o PART II -This portion provides for the addition of sand material to improve infiltration capabilities of the nine proposed rain gardens in the project area, and curbline catch basins and pipe to direct storm water runoff from the street gutter to the rain gardens, increasing the amount of ninoff directed to the rain gardens to increase their effectiveness. The cost of the additional work is consistent with relevant bid items on other projects within the city or metro area. (ADD $27,823.50) The change order provides for a total ADD of $49,676.00 (2.6% of original contract). The cost of the additional work under Part I of the change order will be the responsibility of the City's Major Street Fund. The cost of the additional work under Part II of the change order will be the responsibility of the City's Water Quality Fund. The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. ISSITES: The rain gardens included as part of the original contract plans were authorized with the approval of the Water Quality portion of the 2008-2012 Capital Improvement Program (CIP). Due to the lack of experience with the implementation of rain gardens, staff sought guidance from experienced consultants who suggested the revisions incorporated in the proposed change order. a~ Agenda Information Memo June 3, 2008 Eagan City Council Meeting J. KOCH PIPELINE COMPANY ENCROACHMENT AGREEMENT CONTRACT 08-04, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Encroachment Agreement with Koch Pipeline Company for Contract 08-04 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 08-04 provides for the street and trail improvements of: o Cedar Grove lst & 2°a Additions (Streets & Utilities -City Project 953) o Glory Drive/ Cedar Ridge Circle (Project 954) o Cliff Drive (Project 962) o Nicoll Road/ Nancy Circle (- Project 963) o Elrene Road (Wescott Road to Yankee Doodle Road -Project 965) o Federal Drive (Washington Drive to Yankee Doodle Road -Project 966) o Wescott Road (Lexington Avenue to Hwy. 149 -Project 967) • On April 15, 2008, the City Council awarded the base bid for Contract 08-04 for these improvements. Included in this contract is the construction of a concrete sidewalk on the north side of Wescott Road, from Dodd Road to TH 149. • The proposed sidewalk will be constructed through a pipeline easement owned by Koch Pipeline Company located within the Railroad Right of Way. • An agreement between the City of Eagan and Koch Pipeline Company has been prepared providing for the construction of the proposed improvements within said easement at no cost. • City staff and the City Attorney have reviewed this agreement and found it to be acceptable and in order for favorable Council action. ~~ Agenda Information Memo June 3, 2008 Eagan City Council Meeting K. NICOLS RD & CEDARVIEW DRIVE PARKING RESTRICTIONS ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on the east and west sides of Nicols Rd. (Cedarvaw Blvd. to TH 13); and restrict parking from 6 pm to Gam on both the north and south sides of Cedarview Dr. (Cedarvawe Dr. to Nicols Rd.) and the east and west sides of Cedarvaw Dr. (Cedarval Blvd to Cedarview Dr.) and authorize the Mayor and City Clerk to execute a related Resolution. FACTS: • The City's ordinances regarding outdoor storage requirements are managed through conditional use permits that define the amount of outdoor storage that is permitted and limit it to the business' own property. • Outdoor storage from business(es) adjacent to this portion of Nicols Road and Cedarview Drive has been observed within this public right-of--way on numerous occasions. • The City is enforcing conditional use permit standards in this area and the installation of these parking restriction signs will assist the City in preventing unauthorized outdoor storage. ATTACHMENTS: • Location Map, pa e ~~ • Resolution, page a~ :~ ~_, ~_ '~ _ ~ ~''~ ~ as poi ;v c o ~o~ _ ,, ~ ~~~ ~ i~o~ z m ~ ~~ ~~ ~ ,~ ~~I o ~~ ~ ~ ~~ .,,~ ~ ~, N ~ ~ ~~ _ ii ` ~ ~ Y~ ss E ftl ~ _ l+ ~. { ~ ~ ~` & ~ Q ~ •L x l e .~ ~ ~~ ~~ .- ,-~. ~. y {~ ~~' ~ ~ ~' .~ ~ - ~ s ~`" '~ - a a ~~~~ ~~ `~~ ~,~ ~ ~~ ,~, :~ , .~ ~ ~~~ Y ~- i (~ ~ -~ ~ ~~ V ~~~~ ~' ~~~ ~~~,. ~+ '~(anuany aepa~ pl0) .,~ L ~ r. ~ _ ~ ~ peon{ sloolN ~~~~: ~4. T ~~a,~ ~ _ ~ '~ ~. ,~ , 0 ~'~ 0 ~ .-. _~ F~ ;, , ~~ _ .,~ ,i V ~ ;~ .~ ~ ~ J ~~ o ^ N N t T CITY OF EAGAN A RESOLUTION RELATING TO PARHING RESTRICTIONS ON Nicols Road and Cedarview Drive THIS RESOLUTION, passed this 3rd day of June, 2008, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, "City" ordinances regarding outdoor storage requirements are managed through conditional use permits that define the amount of outdoor storage that is permitted and limit it to the business' own property; and WHEREAS, outdoor storage from business(es) adjacent to this portion of Nicols Road and Cedarview Drive has been observed within this public right-of--way on numerous occasions; and WHEREAS, the "City" is enforcing conditional use permit standards in this area and the installation of these parking restriction signs will assist the City in preventing unauthorized outdoor storage. NOW, THEREFORE, IT IS HEREBY RESOLVED that the "City" shall prohibit parking of motor vehicles on the East and West sides of Nicols Road (Cedarval Boulevard to TH 13) at all times; and restrict parking from 6:00 p.m. to 6:00 a.m. on both the North and South sides of Cedarview Drive (Cedarval Drive to Nicols Road); and the East and West sides of Cedarval Drive (Cedarvaw Boulevard to Cedarview Drive). DATED this 3rd day of June, 2008. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk State of Minnesota County of Dakota City of Eagan CERTIFICATION I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of Eagan at a duly authorized meeting thereof held in the City of Eagan, Minnesota, on the 3rd day of June, 2008, as disclosed by the records of said City in my possession. Maria Petersen, City Clerk G:RESOLUTIONS/No Parking -Nicols Road Agenda Information Memo Eagan City Council Meeting Administrative Agenda May 20, 2008 L. APPROVAL OF PURCHASE AGREEMENT BETWEEN CITY OF EAGAN AND RAHN FAMILY LIMITED PARTNERSHIP AND WENSMANN REALTY, INC. ACTION TO BE DISCUSSED: To approve the Purchase Agreement between the City and Rahn Family Limited Partnership and Wensmann Realty for the potential acquisition of the 120- acre Carriage Hills property. FACTS: - Pursuant to the contingent settlement agreement, the City agreed to acquire the 120-acre property for $10,000,000.00. - The settlement agreement contemplated that the parties would enter into a Purchase Agreement whereby the seller would convey marketable fee title. - The City's obligation to purchase is expressly contingent upon the voter's approval of a bond sale in November in the amount of $10,250,000.00. - The attached Purchase Agreement allows the City to undertake traditional due diligence prior to the potential purchase of any property. - The Purchase Agreement allows for inspection of title and access to the property to conduct soil tests. The Agreement also sets forth the parties' obligations at closing concerning taxes, assessments and closing costs. ATTACHMENTS: - Purchase Agreement on pages ~ J to PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made and entered into as of this day of 2008, by and between RAIlN FAMILY LIMITED PARTNERSHP, a Minnesota limited partnership ("Seller"), WENSMANN REALTY, INC., a Minnesota corporation ("Wensmann"), and CITY OF EAGAN, a Minnesota municipal corporation ("Purchaser"). For purposes of this Agreement, the term "Effective Date" shall mean the date that Purchaser receives a fully executed copy of this Agreement. In consideration of the covenants and agreements contained herein, the parties agree as follows: 1. Premises. A. Premises. Subject to compliance with the terms and conditions of this Agreement, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the following property legally described as: The Northeast Quarter of the Southwest Quarter, and the Southeast Quarter of the Northwest Quarter, excepting therefrom the plaited land ly>lig within the plat of CARRIAGE HILLS CLUBHOUSE ADDITION; and the Northeast Quarter of the Northwest Quarter, and a northerly 1 rod of the Southwest Quarter of the Northwest Quarter, all in Section 14, Township 27, Range 23, according to the United States Government Survey thereof and situate in Dakota County, Minnesota; and Lot 1, Block 1, CARRIAGE HILLS CLUBHOUSE ADDITION, according to the recorded plat thereof, Dakota County, Minnesota 2. Purchase Price; Pam. A. Purchase Price. The purchase price for the Premises shall be $10,000,000.00 ("Purchase Price") and shall be payable (subject to prorations, reductions and credits as provided below) by wire transfer, certified or cashier's check at the closing. Title to be Delivered; Commitment; Survey; Environmental Reporting Title Objections. A. Title to be Delivered. At closing, Seller agrees to convey marketable fee simple title in the Premises free and clear of all liens, encumbrances, 3~ easements, covenants, conditions and restrictions other than the Permitted Exceptions (defined herein or as set forth on Exhibit A attached hereto). B. Commitment. The Seller shall, within fourteen (14) days after full execution of this agreement, furnish an abstract of title certified to date (or a Certificate of Title and Registered Property Abstract) to include proper searches covering bankruptcy, and State and Federal Judgments and liens. In lieu of an abstract, Seller may, at Seller's cost, cause to be issued and delivered to Purchaser a commitment ("Commitment") covering the Premises issued by Dakota County Abstract (the "Escrow Agent") wherein Escrow Agent agrees to issue to Purchaser an ALTA Owner's Title Insurance Policy (Form 10/17/92) (if available, otherwise, the most recent edition of such policy) with coverage, deleting standard exceptions and insuring title subject to the Permitted Exceptions and in the full amount of the Purchase Price. The Commitment shall have an effective date after the date of this Agreement, shall be accompanied by copies of all recorded documents affecting the Premises, and shall include searches for real estate taxes pending and levied special assessments. C. Title Objections. Purchaser shall have until twenty (20) days from the date it receives the latter of the Commitment (or any update or supplement thereto) to make its objections to matters disclosed in the Commitment or Survey (or any update or supplement thereto) in writing to Seller. Any exception disclosed in the Commitment or Survey (or any update or supplement thereto) and not timely objected to by Purchaser within the applicable twenty (20) day period shall be deemed a "Permitted Exception" hereunder. Seller shall have until thirty (30) days after it receives such objections to have the same removed or satisfied, using its best efforts. If Seller shall fail to have such objections removed within that time, Purchaser may, at its sole discretion, either (a) terminate this Agreement without any liability on its part, (b) waive such objections in writing and proceed to closing with the understanding that such uncured objections shall be deemed Permitted Exceptions at closing, or (c) attempt to cure such uncured objections, in which event Purchaser shall have an additional twenty (20) days to attempt to cure such objection, and if Purchaser is not successful in curing such objections, Purchaser shall then have the right to either terminate this Agreement pursuant to clause (a) above or waive such objections pursuant to clause (b) above. Notwithstanding anything contained herein to the contrary, Seller shall be obligated to cure (i) any mortgage or deed of trust financing or similar liens given for security or collateral purposes; (ii) state, federal or local tax liens, and (iii) any other judgment liens or non-consensual liens (collectively, "Liens"), it being the understanding and agreement that any such Liens will be satisfied out of Seller's proceeds at closing if not sooner paid, except as otherwise provided herein. 3~{- 2 4. Seller's Property Information; Purchaser's Inspections. A. Seller's Property Information. Within five (5) days of Seller's acceptance and delivery of this Agreement to Purchaser, Seller shall deliver to Purchaser, at no cost to Purchaser, complete and accurate copies of any and all contracts, leases, license or other agreements pertaining to the Premises, including any amendments thereof, and copies of all permits, plats, authorizations, notices, consents, approvals, plans, specifications, surveys, engineering studies, analysis, soil. test borings, environmental studies and other documentation and information reasonably requested by Purchaser (whether prepared by Seller, Seller's agents or independent contractors, any governmental authority or agency, federal, state or local, or any other third party) pertaining to the physical condition, development and operation of the Premises to the extent that Seller has the same in its possession ("Property Information"). B. Purchaser's Inspections. Purchaser, its counsel, agents and other representatives, shall have full and continuing access to the Premises and all parts thereof, as well as to all Property Information and other papers and documents of Seller as they relate to the title, physical condition, and operation of the Premises. Purchaser and its agents and representatives shall also have the right to enter upon the Premises at any time after the execution and delivery hereof for any purpose whatsoever, including inspecting, surveying, engineering, test boring, performance of environmental tests and such other inquiries of governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as it considers appropriate (collectively the "Inspections"). Purchaser shall repair all damage to the Premises caused by such Inspections and, as a condition of entry onto the Premises, each of Purchaser's contractors entering onto the Premises shall have public liability. insurance in an amount reasonably satisfactory to Purchaser and Seller. 5. Control of Premises. A. Control of Premises. Until the closing, Seller shall have the full responsibility and the entire liability for any and all damages or injury of any kind whatsoever to the Premises, the improvements thereon, and all persons, whether employees or otherwise, and all property from and connected to the Premises. 6. Representations, Warranties and Covenants of Seller. In order to induce Purchaser to enter into this Agreement and purchase the Premises, Seller hereby represents, warrants and covenants to Purchaser: A. Each of the persons executing this Agreement on behalf of Seller does hereby represent and warrant that (i) Seller has full right and authority to 3 enter into this Agreement, (ii) each person signing on behalf of Seller is authorized to do so, (iii) the execution and delivery of this Agreement by Seller will not constitute a default under any indenture, agreement, contract, mortgage or other instrument to which Seller is a party, (iv) Seller is a not a "foreign person" as that term is defined under the Internal Revenue Code Section 1445(F)(3), and (v) the sale of the Premises is not subject to any withholding requirements imposed by the Internal Revenue Code, including, without limitation, Section 1445(f)(3). B. Seller possesses fee simple title interest to the Premises, subject to the permitted exceptions. C. All labor and material which have been furnished to the Premises by Seller or prior users have been fully paid for or will be fully paid for prior to, or as of, the closing date. D. There are no notices, orders, suits (except Wensmann Realty, Inc., et al. v. City of Eagan), judgments, or other proceedings relating to fire, building, zoning, air pollution or health violations that have not been corrected. E. There are no management, maintenance or service contracts, leases, licenses, purchase agreements, purchase options, rights of first refusal, or other unrecorded agreements ("Contracts") affecting the Premises which will survive the closing. F. Seller has no knowledge that any entity or person has, at any time: i) "released" or actively or passively consented to the "release" or "threatened release" of any Hazardous Substance (as defined below) from any "facility" or "vessel" located on or used in connection with the Premises; or ii) taken any action in "response" to a "release" in connection with the Premises; or iii) otherwise engaged in any activity or omitted to take any action which could subject Seller or Purchaser to claims for intentional or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances (as defined below) located in or on the Premises, including the generating, transporting, treating, storage, or manufacture of any Hazardous Substance (as defined below). The terms set within quotation marks above shall have the meaning given to them in the Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec. 9601 et seq., as amended ("CERCLA") and any state environmental laws. "Hazardous Substances" means hazardous waste, toxic substances, formaldehyde, urea, polychlorinated biphenyls, asbestos, petroleum, natural gas, synthetic gas usable for fuel or mixtures thereof, any materials related to any of the foregoing, and substances defined as "hazardous substances", "toxic substances", "hazardous waste", "pollutant", or "contaminant" in CERCLA, Resource Conservation and Recovery Act as amended, 41 4 U.S.C. Sec. 9601 et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq., the Clean Water Act, 33 U.S.C. Sec. 1251 et seq., any state laws regarding environmental matters, or any regulations promulgated pursuant to any of the foregoing statutes. G. That Seller shall convey title to the Premises, free and clear of any and all liens and encumbrances whatsoever except the Permitted Exceptions, and any lien, encumbrance, adverse claim or other matter which Purchaser has created, suffered, or has caused to accrue (which items are also Permitted Exceptions). Seller may use the sale proceeds to pay any Lien. H. That each and every undertaking and obligation of Seller under this Agreement and any collateral agreement shall be performed by Seller timely when due. T. Seller certifies that Seller does not know of any "Wells" on the described Premises within the meaning of Minn. Stat. Section 1031.235. This representation is intended to satisfy the requirements of the statute. Except that Seller discloses that there are two (2) irrigation wells which have not been capped formerly used to water the golf course fairways, and one (1) well not in use located by the maintenance shop, which wells Seller shall have no obligation to cap. J. To the knowledge of Seller, there are no aboveground tanks and each underground tank on the Premises shall be removed in accordance with the applicable rules and regulations prior to closing. K. No person or entity has any rights to lease, use or occupy any portion of the Premises under any unrecorded document and no unrecorded documents affect the Premises. L. Seller has no knowledge of any existing or abandoned "individual sewage treatment systems" (within the meaning of Minn. Stat. §115.55) on or serving the Premises. M. Seller has no knowledge of any dispute concerning the location of the boundary lines and corners of the Premises. Except as may be disclosed by the Commitment or Survey, Seller does not know of any encroachments onto the Premises. The representations and warranties set forth in this Section 6 shall be continuing and shall be true and correct on and as of the Closing Date with the same force and effect as if made at that time and all such representations, warranties and covenants shall survive closing and shall not merge into Seller's deed being delivered at closing. Seller agrees to indemnify Purchaser from and against and to reimburse Purchaser with respect to any and all loss, damage, liabilities, claims, expenses and costs (including reasonable attorney's 5 fees and court costs) asserted against or incurred by Purchaser by reason of or arising out of the breach of any representation, warranty or covenant as set forth in this Section 6. Any claim, cause of action, or suit for breach of warranty or indemnity must be brought by Purchaser against Seller within three (3) years of the date of closing. 7. Conditions of Closing. The closing of the transaction contemplated by this Agreement and all the obligations of Purchaser under this Agreement are expressly contingent on the following: A. Purchaser shall have determined that the physical status or condition of the Premises, including without limitation, environmental, geotechnical (soil) wetland, floodplain, drainage and availability of adequate access and utilities, shall be satisfactory to Purchaser in its sole discretion. B. Purchaser, in its sole and absolute discretion, shall have determined that the Premises is acceptable to Purchaser in all respects. C. Purchaser shall have successfully conducted a Phase I environmental test as well as core drilling of the Premises to determine the soil condition thereof and Purchaser shall have been fully satisfied by the results of such Phase I environmental test and core drilling. D. The voters of Purchaser approval of the bond referendum in the amount of $10,250,000.00 no later than November 10, 2008. The Purchaser may proceed with the bond referendum pursuant to the terms of that certain Contingent Settlement by and between Seller, Wensmann Realty, Inc. ("Wensmann") and Purchaser, dated March 14, 2008, as amended by that certain Amendment to Contingent Settlement Agreement, dated April 15, 2008 (collectively referred to as "Settlement Agreement") Purchaser shall have until August 1, 2008 to satisfy Conditions A-C to Purchaser's full satisfaction, in Purchaser's sole discretion ("Condition Date"). Purchaser may acknowledge the foregoing conditions are not satisfied only by delivering written notice of Purchaser's election to terminate this Agreement to Seller on or before the Condition Date (which notice shall specify the nature of the defect or adverse condition). In such event, Purchaser and Seller shall thereafter be released from any liability or obligation hereunder. If Purchaser does not provide written notice of its election to terminate this Agreement as of the Condition Date, Purchaser's right to terminate this Agreement pursuant to Conditions A, B, or C shall be deemed waived. If Condition D is not satisfied, this Agreement shall be immediately null and void. 8. Closing Date. Subject to the fulfillment or waiver of conditions hereof, and provided that all of the covenants, representations and warranties of Seller are true and correct on the closing date as though made on such date, the closing of the purchase and sale shall take place on or before January 9, 2009 ("Closing Date"). The closing shall take place at the offices of the Escrow Agent or at such other 6 3~ place as Seller and Purchaser may mutually determine. Possession of the Premises shall be delivered to Purchaser on the Closing Date, free of any leasehold or possessory interest of Seller and any tenants, licensees or occupants thereof. 9. Seller's Obligations At Closing. At or prior to the Closing Date, Seller shall: A. Deliver to Purchaser Seller's duly recordable General Warranty Deed (the "Deed") to the Premises conveying to Purchaser marketable fee simple title to the Premises and all rights appurtenant thereto, subject to the Permitted Exceptions. B. Deliver to Purchaser and Escrow Agent standard affidavit of Seller confirming that Seller is not a "foreign corporation" within the meaning of Section 1445 of the Internal Revenue Code. C. Deliver to Purchaser and Escrow Agent a standard affidavit of Seller in form and content sufficient to allow Escrow Agent to delete the standard exceptions contained in Purchaser's Owners Title Insurance Policy relative to (i) parties in possession, (ii) liens for labor, materials or services, and (iii) unrecorded easements or other instruments. D. Deliver to Purchaser a certificate at closing confirming that the representations and warranties set forth in Section 6 of this Agreement are true and correct as of the Closing Date as though made as of such date. E. Deliver to Purchaser such other documents as may be reasonably necessary to effectuate the transfer contemplated in this Purchase Agreement. 10. Purchaser's Obligations At Closing. At closing, subject to the terms, conditions and provisions hereof and the performance by Seller of its obligations as set forth herein, Purchaser will deliver the Purchase Price to Seller and Wensmann pursuant to Section 2 above. 11. Wensmann's Obligations at Closing. At or prior to the Closing Date, Wensmann shall deliver to Purchaser a Quit Claim Deed and/or a termination of any and all option rights it may have to purchase the Premises, and/or a release, in form acceptable to Purchaser's attorney, of Wensmann's interest in the Premises. 12. Closing Costs. The following costs and expenses shall be paid as follows in connection with the closing: A. Seller shall pay or provide for: 7 ~9 1. All fees to record all of the documents necessary to permit Seller to convey marketable fee simple title to the Premises to Purchaser (other than the fee to record the Deed), and the cost of any necessary endorsements to the Commitment; 2. Any state, county or municipal deed tax, excise tax or transfer fee imposed on the conveyance, and any fees and costs incurred by Seller; 3. Any deferred or delinquent real estate taxes or utilities and Seller's pro-rata share of those costs, and expenses as set forth in Section 13 below; 4. The brokerage fee of Seller's broker, if any, pursuant to Section 14 below; 5. One-half (1/2) of any closing fee charged by Escrow Agent or any title company closing this transaction; and 6. Seller's attorneys' fees and costs. B. Purchaser shall pay the following in connection with the closing: 1. The fee necessary to record the Deed; 2. The premium for any Owner's Title Insurance Policy requested by Purchaser; 3. One-half (1/2) of the closing fees charged by Escrow Agent or any title company closing of this transaction; 4. All special assessments existing as of the date of this Agreement, whether levied, deferred or assessed, including without limitation, the unpaid balance of special assessments and/or installments of special assessments certified for payment to the real estate taxes as well as any deferred or green acres taxes, provided that Seller is responsible for the special assessments due and payable in the year 2008; 5. Purchaser's attorneys' fees and costs. C. The terms of this Section 12 shall survive the closing of the transaction contemplated herein. 8 13. Prorations. The following prorations shall be made as of the Closing Date: A. Real estate taxes (excluding any outstanding special assessments and/or installments of special assessments certified to the real estate taxes for payment Seller is obligated to pay pursuant to Section 12(B)(4) hereof) allocable to the Premises that are due and payable in the year of the closing shall be prorated between Seller and Purchaser to the Closing Date. Seller shall pay all such real estate taxes due and payable in years prior to the year of closing. Purchaser shall assume the responsibility for the payment of all such taxes due and payable in the years subsequent to the year of closing. If as of the Closing Date the Premises is not assessed for purposes of property taxation separately from all other real property, then the real estate taxes for the total tax parcel shall be ..paid in full at closing, and the amount of taxes allocable to the Premises shall be determined based upon the ratio that the square footage of the Premises bears to the square footage of all the real property within the total tax parcel. B. The terms of this Section 13 shall survive the closing of the transaction contemplated herein. 14. Brokerage. Purchaser represents and warrants that it has not engaged the services of any broker in connection with the purchase contemplated by this Agreement. If Seller has engaged the services of a broker, Seller shall pay any commission(s) related thereto. 15. Remedies. A. Seller Default. If Seller defaults in the performance of this Agreement, and such default remains uncured after 30 days written notice. to Seller of the default then Purchaser may, as its sole and exclusive remedy, either (i) cancel this Agreement by written notice to Seller, or (ii) if Purchaser does not cancel this Agreement, Seller acknowledges the Premises are unique and the money damages to Purchaser in the event of default by Seller are inadequate and Purchaser shall have the right to apply for and to receive from a court of competent jurisdiction equitable relief by way of restraining order, injunction or otherwise, prohibitory or mandatory, to prevent a breach of the terms of this Agreement, or by way of specific performance to enforce performance of the terms of this Agreement, or by way of rescission, plus reimbursement for costs, including reasonable attorneys' fees, incurred if such relief is granted. B. Purchaser Default. If Purchaser defaults in the performance of this Agreement, Seller's sole and exclusive remedy shall be to cancel this Agreement by delivering written notice of such default to Purchaser ("Seller's Default Notice") in which event Purchaser shall have the 9 ~~ opportunity to cure such default within thirty (30) days after receipt of Seller's Default Notice, and if Purchaser fails to timely cure such default after receipt of Seller's Default Notice, then this Agreement shall be deemed canceled without further action between the parties. Notwithstanding anything to the contrary, in the event the voters of the City of Eagan approve a bond referendum in the amount of $10,250,000.00, the City subsequently sells the bonds, but does riot close on the purchase of the Property as required by this Agreement: (i) the Seller may apply to the Dakota County District Court for an order seeking specific performance of this Agreement (and for recovery of Seller's reasonable attorneys' fees expended to obtain said order); or (ii) if Seller does not seek an order for specific performance, Seller and Wensmann have any and all rights arising out of the approved Application (as defined in the Settlement Agreement). Any such action for specific performance must be commenced within six (6) months from Purchaser's default hereunder. 16. Salvage Ri hits. Seller shall retain salvage rights to the irrigation system presently installed in the Property. Seller shall exercise all such salvage rights, and restore the surface of the Property to its present condition on or before June 1, 2009. Prior to any access after closing, Seller must provide liability insurance naming the City of Eagan as an additional insured. 17. Time for Acceptance. This Agreement, when duly executed by all of the parties hereto, shall be binding upon the parties hereto, their heirs, representatives, successors and assigns. 18. Miscellaneous. The following general provisions govern this Agreement. A. No Waivers. The waiver by either party hereto of any condition or the breach of any term, covenant or condition herein shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or any other term, covenant, or condition herein contained. Purchaser, in its sole discretion may waive any right conferred upon Purchaser by this Agreement; provided that such waiver shall only be made by Purchaser giving Seller written notice specifically describing the right waived. B. Time of Essence. Time is of the essence in this Agreement. C. Governing Law. This Agreement is made and executed under and in all respects to be governed and construed by the laws of the State of Minnesota and the parties hereto hereby agree and consent and submit 10 themselves to any court of competent jurisdiction situated in the State of Minnesota. D. Notices. All notices and demands given or required to be given by any party hereto to any other party shall be deemed to have been properly given if and when delivered in person, the next business day after being sent by reputable overnight commercial courier (e.g. U.S or Federal Express) or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows (or sent to such other address as any party shall specify to the other party pursuant to the provisions of this Section): TO SELLER: Rahn Family Limited Partnership ATTN: Raymond Rahn 3855 -145th Street E. Rosemount, MN 55068 TO PURCHASER: City of Eagan Attn: Thomas L. Hedges, City Administrator 3830 Pilot Knob Road Eagan, MN 55122 With a copy to: Richard J. Gabriel, Esq. 880 Sibley Memorial Highway Suite 114 Mendota Heights, MN 55118-1736 TO WENSMANN: Wensmann Realty, Inc. ATTN: Herbert H. Wensmann 1895 Plaza Drive, Suite 200 Eagan, MN 55122 With a copy to: Anthony J. Gleekel, Esq. 1300 Washington Square 100 Washington Avenue S. Minneapolis, MN 55401 With a copy to: Severson, Sheldon, Dougherty & Molenda, P. A. Attn: Robert B. Bauer 7300 West 147th Street Suite 600 Apple Valley, MN 55124 E. Successors and Assigns. This Agreement shall be binding upon and insure to the benefit of the successors and assigns of each of the parties hereto. 11 ~~ Seller shall not be permitted to assign its rights and obligations. under this Agreement. F. Invalidity. If for any reason any term or provision of this Agreement shall be declared void and unenforceable by any court of law or equity it shall only affect such particular item or provision of this Agreement and the balance of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. G. Complete Agreement. All understandings and agreements heretofore had between the parties are merged into this Agreement which alone fully and completely expresses their agreement. This Agreement may be changed only in writing signed by both of the parties hereto and shall apply to and bind the successors and assigns of each of the parties hereto and shall not merge with the deed delivered to Purchaser at closing. H. Counterparts. This Agreement may be executed in one or more counterparts each of which when so executed and delivered shall be an original, but together shall constitute one and the same instrument. I. Calculation of Time Periods. Unless otherwise specifically provided herein, in computing any period of time described in this Agreement, the day of the act or event after which the designated period of time begins to dun is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday under the laws of the State of Minnesota, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. The final day of such period shall be deemed to end at 5:00 p.m., Minnesota time. J. Survival. All of the warranties, covenants, and representations made herein by either Seller or Purchaser shall survive closing and the delivery of the Deed to Purchaser, or the earlier termination of this Agreement. [Signatures Appear On Next Page] 12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. SELLER: RAHN FAMILY LIMITED PARTNERSHIP a Minnesota limited partnership PURCHASER: CITY OF EAGAN, a Minnesota municipal corporation By: Raymond Rahn Its General Partner WENSMANN: WENSMANN REALTY, INC. By: Herbert H. Wensmann Its President 23688/Purchase Agreement CLEAN 5.15.08 (AJG) By: Mike Maguire Its Mayor By: Maria Petersen Its Clerk [~13 T EXHIBIT A PERMITTED EXCEPTIONS 1. Easement running in favor of Northern States Power Company over an easterly portion of the Property as contained in Instrument dated July 17, 1924, filed October 28, 1924, in Book 33 of M.R. page 433. 2. Highway easement over the North 33 feet of the North Half of the Northwest Quarter of Section 14, Township 27, Range 23, dated October 16, 1962, filed November 21, 1962, in Book 279 of Deeds page 375. 3. Highway easement over an easterly portion of said Northwest Quarter of Section 14, Township 27, Range 23, dated November 7, 1973, filed December 12, 1974, as Document No. 429970. 4. Easement in favor of Northern States Power Company over the West 12.5 feet of the East 62.5 feet of the Premises as contained in final certificate filed as Document No. 572735. 5. Utility line easement running in favor of the City of Eagan over a portion of the Premises as contained in Instrument dated September 27, 1983, filed October 3, 1983, as Document No. 635896. 6. Subject to Dakota County Road Right-of--Way Map No. 92, County Road No. 43 (Lexington Avenue), dated June 29, 1989, filed July 11, 1989, as Document No. 895389. 7. Highway easement dated June 23, 1989, filed July 14, 1989, as Document No. 895772. 8. Highway easement over the North 50 feet of the East Half of the Northwest Quarter of Section 14, Township 27, Range 23, dated March 31, 1969, filed June 23, 1994, as Document No. 1225001. 9. Right-of--way, drainage, and utility easement over a portion of the Premises in favor of the City of Eagan dated April 18, 2000, filed May 9, 2000, as Document No. 1689664. 10. Easements for utilities and drainage as shown on the recorded plat of Carriage Hills Clubhouse Addition. Notwithstanding the above, in the event any easement is not confined, Purchaser may require Seller to obtain a release of such easement in a form acceptable to Purchaser's attorney. 14 "/~ Agenda Information Memo June 3, 2008 Eagan City Council Meeting M. APPROVE FINANCIAL PARTICIPATION -CITY OF EAGAN ACTION TO BE CONSIDERED: To approve the City's Financial Participation of $2,385 in stormwater improvements associated with the development of Grey Hawk. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - As the City Council is aware, assorted events transpired that caused an issue with the private trail within the Grey Hawk development. - The developer ultimately re-acquired the existing single family home on the premises and the trail is now unencumbered and available to the residents of Grey Hawk. - Throughout the dispute and, ultimately, with the acquisition of the home, the developer states that he has incurred extraordinary expenses (legal and otherwise) and approached City staff regarding the possibility of forgiving some of the $4,769 in arrears via the Escrow Agreement. - To support that request, the developer made reference to an improvement made at the developer's expense that benefitted the property to the north (Meadowlark Townhomes). City staff has investigated this claim and has confirmed that this stormwater improvement work had been done for the benefit of the property to the north during the construction phase of Grey Hawk. - Therefore, City staff believes the request to forgive half of the $4,769 amount in arrears as the City's participation in the past stormwater improvements is reasonable. ATTACHMENTS: (2) Location Map on pag Letter from Grey Hawk developer on pages through y7 Eagan Boundary Location Ma Right-of-way ~ Parcel Area p Park Area L_ Building Footprint ~1,~ ~ -~~~~ ©© c~T"gyp d © .., "d © ~ °~ Q d ©~fl D o •~ ° Q bo ~ © ~ © Q a Q~ ~ o ~ Y ~~ a 0 wcrmu~~e ® ~ ~ ° a © AVE ~ ©©© 4a o ~ t~ ~ r Q ,,~~ ~ 0 O~ ~~ ©© ® ~ p F d r Q © ti 4 o° ~ ° ~ © o Q ~ - © ~q ~p~ a ~~ ~ , Qoo4, D o a ~~ o - ~ °~~°° ° o ~ o oA ~at .~..~ . ~ ° o'~ a ~o n 6 ~ ~~ - \ E~UO,faY~1L f L.. .. f ©„ i N r p ~ ~ ~ ~ ~ i © aE~ eo ~ r a l o % o Qq ~~I Q~.A''f©. ,-pC~c~ ~ ~'~~ ~y~-ill ._ ~ ~~o bG~O 6C5o4E3 ~ d 8 m~oae F J ~ ~ © (` • n 7 6 s BARTELt AVE I ~ ~ < < R iv 9aa0 TU41L ~ \ ~~ © ® oTWt r h' OL70 f~L D ' J I ~ } NaWONe t.. '~ © ° ~ ESd o" D d [~ EE o oRtvE 0 avroo NV PAq~ j~~ ~ ~ Ec o d © o ~ ~, ~ -_ ~ ~ Y/i' Jpvl © ~ l3 L'c7 ~ `~ l~ ',l. qG.~ < © 7 d © V r d d Q oOfp Q a O ~ ~l ,~, ~ iAtONITE 11Wt ~~ © OR S ,,. m ,. ~ 0 ~ ~ ~ d ~ pp ~ euw¢Lw uue ~ - ... ~' ~ ° ~ Q q u NE ~~7T `C7Y L ..~ © ~ _ Q ~ ° '~." 47 CAro1eL1AN LANE ® Q ~ 4 j q Q t] ~-~ L e Subject Site °~ r ~AOe t o ~~ U r- ~ 4 ~ ., ~ Ea ~ ~ Q : ~ ~ wvE - , ~ ~ " titi /~ t~~ ~~ ~ m Q 9 ~ o r - s : ~ -~ ~~ ~ ~ Y~ ~ e a,~t ___ ~ _, ,. ~ ? e p N `~ ~ ,~ ~ - , . ~ ~ r ~ ®1 ® ~ Q ~ L ~ ~ hP Z ` ~ r ~ 1 . r~ ~,~ l C l~ , I/~~ JI t 0 0 ~ ~' ° ~i._ ~, ~ ~~ f` ~~~' ~ ~~ - y o 3 .~ ~ ~ z ~~~ C.S.A.N. NO. 30 .-, ~ L~ O ~ (DIFLEY ROAD) C,S.A.N. NO. 3 DI L ~ ~ p (J " c MU K 0 eT ~r' ~ -am d9 ~ ~ ~~5 ~ ~, ~ D Q ^ 0 Q „~~ tap ~ r' ~ ~~' © ©~ axmnr e b ~• Q ~ ~ ~ ~ ~5 W t~ ~ a co " ~ ~r~ ~ r ~ 6 4 ~:. ~ Q ~ „~ ~ ~ ` aoVTN ray Q~` ~© B y i / ~ ~ g ~ ~ ~~1 C> e~A a ~ w.~.~ ~ ~ a ~ ° b P ® ~ ~ pw~~ ~ a as ~~ ~-, ~, ,~~ 6 ff ~' lll--- n \ ~ ~ ~ mm fl l i ©.usra~o _ ~ ~ ~ ~ 7` 9 . Q .b ~ a 11 ~~ -~~ ~ ~ Q , , a ~~a Gaq b iS ~ G 4' ~' ? ~ -§ ~ © ~ ~ ~ ~ ~ ~~'<- WooooATe ~ 7 p~ ©~ L4 eo .f ~ © ~ ~ 6 ~ h ~ o • s.~_ _.~ ,~ ~ ~.»~ a ~~ ~ ~ ~~ ~ ~ 1 ,_ ~' © 51 0 ~_ 4] ~ ~`~' ~ ~~ ~t K ~ 1 - C~ was ~ ~ & fl ~, "~ ~ ~ ~ ~ , \~~ ~ cLwwa ~ ~ © r ~ awue tANe ~ P ~,. ~ , t; a q ¢ 6 oaAa oa. _ - 3 [ x e r ~3 ~ M c., 1 L 1 ~_ , Q E ~ ~ W e - ~ ~ ~... a0ew ~r / 2 h- ) N 1000 0 1000 2000 Feet Greyhawk Townhomes N City Of 11Q~IQll THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~E The City of Eagan and Dakota County do not guarantee fhe accuracy of this information and are S Community Development Department not responsible for errors or omissions. May 29, 2008 City of Eagan Mr. Mike Ridley 3$30 Pilot Knob Road Eagan, MN SS122-1810 Dear Mr. Ridley This letter is to ask for your cooperation to give complete resolution to the Greyhawk praject, developed by Mark Gergen and Associates in 2004. As you are probably aware, there were some trail easement issues that have kept this praject fiom final city approval and letter of credit release. The trail easement did not get recorded with the plat as it should have. I take responsibility for this. After months of diligence, I am happy to repast that I have hired a new attorney, have purchased the house at 4106 Blackhawk Road and have worked with the town home association's attorney to get the trail easement recorded. I acknowledge that not getting the easement recorded in the first place was my act of omission. I take full responsibility for it, and to rectify the situation, I have already paid the Town home association $5,000. I incurred $9,000 in legal expenses to reach agreement and ultimately get the easement recorded, and I paid a premium to purchase 4106 Blackhawk. I am requesting that the City of Eagan consider absorbing half of the remaining legal bill due to the city of Eagan in the amount of $4,769.12. Mark Gergen and Associates would pay $2,385.00 to cover the remaining legal expenses. It is important to me that I do good work in the City of Eagan, and I hope I have demonstrated that. For example, when the Greyhawk praject was nearing completion, there was a tremendous rain storm and it flooded the town homes to the north. In fact there was about 3 feet of water standing in the Iower floor. This had nothing to do with our praject; the project to the north had some design flaws. But to help the city and our neighbors to the north, we engineered a storm sewer to help fix the problem. This cost Mark Gergen and Associates/Miles Development $20,000 to design and install the storm sewer. We then built a berm to prevent any additional water to get to the neighbors. I hope it is ow' shared desire to wrap Greyhawk up. I would like to reduce the letter of credit to zero. In today's tougher environment, and with the tremendous expenses I have already incurred 49 to rectify the easement situation, I am asking that this legal bill be reduced to zero so that we can close out the escrow account. Please contact me should you wish to discuss this, Otherwise, T would like to submit my request for Staff and Council review. Thank you and regards, Mark G gen 5~ Agenda Information Memo June 3, 2008, Eagan City Council N. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (HERITAGE OF HIGHVIEW) ACTION TO BE CONSIDERED: To approve cone-year extension of the Preliminary Subdivision approval for Heritage of Highview, consisting of four single-family lots on approximately 1.7 acres on properties located at 1416 &1420 Highview the SE 1/4 of Section 04. FACTS: • The City Council approved the Preliminary Subdivision on June 6, 2006. • A one-year extension of the Preliminary Subdivision approval was granted in 2007. • The applicant is requesting another one-year extension at this time. (Please see attached letter for explanation) ATTACHMENTS (2): Location Map, page Letter from Gloria Fritz, page S~ Eagan Boundary N Right-of-way ^/~_ //~~ ~' ®~ ~ ~ L O ~ Parcel Area Park Area V M t 1 ~~ Building Footprint / ` 1 ' J - _ -- -1 ~ ,} ` ~ 8 E ~ - I -° Sub"ect Site ® ®~, -- _ - -- ~ -~ ~ - ~.~o ~ ~. ~ ~, ~ ' ~ ®~ ea ~ ~ ® s,~ ®®~^ v Ve t e ~ ®~ ~ ~ ® Y =q g ® ~ pox n N ® ~ ~ ®~ ~ ~ - ~ ~ ~ ® " t ~ ~ ® ~ ® s Q ~ ° ~ ® ~® n ~ ~ ~ • 1 li F ~ ~ I , . 0 0 .~ a c g ~ ~% ® 14R • ' ° sul W ov. ~ I ® ~ s ~ . J ®~ ~ ®~ o ~ ~~ ® ~ n J z ® J ® s ~ 4'3 ® 1 ~ @] ~ ~ ~ m ~ ~ ~ gg U ® ® ~• ~®~ d ~ ~ ®~ ® ~ { ® ~ ~ ~ ~ ~ BS' c , ®' t~ ~ ®~ ~ . ® Q ® ~~ ~e ~ w~xi~x urre ~ ® ~ ~ - -- B P ~ ~ ~ ~ o0 ~° 6, @~ ® ~ ~ ® ® ® r~ ®I ® r7 P ® ~ L,.S ® ® ~~~ ®® r : ~ ~ f ® ~" E e ~ ® ® ~ ® ~~ ~ : ~ o ~ U \ ~ ~ ~~ ~ ~® ® ~ J ~ ~ ® ~ ~ ~ ~ ~ 9 C Vi c o ~ ® ® ® r_,c ® W ~ ~~® ~~4 ® ®~ ~ avi /~ ~ ~-1~~~ ~ ~ ~ a ~ ~ ~ ~~ b~ om ~ ~ G 1000 0 1000 2000 Feet Development/Developer: The Heritage of Highview Application: Preliminary Subdivision Case No.: 04-PS-08-04-06 f ~ C t Map Prepared using ERSI ArcView 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as of April 2005. N W E O~~Il y O l THIS MAP IS INTENDED FOR REFERENCE USE ONLY The Gity of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. ~~ Irv 8 I - ~ ~_7 -o~~-~ ski ~~ ~~ V ' ~~ ~ ~~ V ~ ~~VV /vim ", ~ Q ~ ~ ,~Co~-z.~ ~{.,~ =~ - ~ ~~ ,- / ~ ` > `i ~ ~ ~ ~ r ~~~ ~~~~ ~,~~~ Gl~v~ i ti,~ ' c,2~.~' Pti2~.w ~tin.~ ~ r ft~~ ~ ~ ~~ ~b ~. ~ ~_ ~~~ Agenda Information Memo June 3, 2008 Eagan City Council Meeting O. FINAL SUBDIVISION (CLEARVIEW 4TH ADDITION) -RICHARD, ANGELA AND MARTIN DE WITT ACTION TO BE CONSIDERED: To approve a Final Subdivision (Clearview 4th Addition) to create two single-family lots upon 0.72 acres of land located at1820 Beecher Drive in the SE 1/4 of Section 29. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: - The Preliminary Subdivision was approved November 20, 2007. - All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (2): Location map, pag Final Plat, page~j, s~ Eagan Boundary Location Map Right-of-way o Parcel Area P rk Area a Building Footprint v q e C? ~ LJLL7m ~ ~ p ' bty `~ Q ~ ~ a Q ~ ro mmQ \~~~~0 0 O Q ~ .. pQ ads ri O ~~< o +...EAm do c~ ^ a v 4 `'~ a o O d'~?e q A4 ~'0 ~0 d ~ ~ ~~¢g ~ 49D~Q ~ ~ ©~ L o. O OO° p d @ Q p D ` ~ O~ d q o = C,~ x ~ DBE„ `~ p ` ~ i .EwA e~rx+wn P C7 Q a~i ;; 6 i 0 v"f7 ,.: o J" b LS D D Q 9 ~J P.. :9 DMNE OD ~ (3 eNALE W1E ~ d ~ D ^. C ~ Q V !~ FL Z 9 ~ ~ 1,,, f~l ws ~ £3 L~j A Q e ~ ~O / ~ 3 LDVEaLx fl 4 ~~-~ J ~` S { ~ ttu~yxeao, ..~~ ~ ~ ©P9 i oo~9 a.4 _ ~S J ° ~ ~ ~ ~'~ ,. ~ ~ yst Ui HR ~~ ~~~ =oe W°° o i q p~ ~ o g J ~ ~ / ~ J~ ~ ~ r ~~ ° to a x WAD • D " ANE ' ^J © ~ o O q a° ,p p wAUm< 0 Q L' O ¢ : O ~O~~i6 £? 4o C ~~~~® °a Dojo 0 Q o q ~S q ^ -aoyo.r wu py e~ EEOHE. D N~GY'O R aoo a q o op o O ~- i Jr O (, ( o O O ~ ~tt AY 4NE ° , _ "+~,,,,.u, t7 9 ~~ ~ Q G ~ o ~ ° . ~ ~ p o ~ ~F ~ ~ oENnaD l° \~~ e ~ Q° 9 ~ J~ ^ ~~ o ~ t_J ^ ^ 0 0 O ^ ~ o Q P- TY STAT! AID HIGHWAY NO. J2 (CLIFF ROAD) o ^ ~ 4 ~ Sub-ect Site ~ ®~ ®®® ^ p c5 to 8 P {~ O„ p~ ®® v eye ~ ~ 6J0 o°p 4 H~`® ~~°~ NN wAr a~ p o 0 0 0 0 0° O ° a@®®®`~~ 1> I /~ x.A 4~T O ~ ~ ~ f ~j v ~ rJ~ O o o Q NDV°N @ ~~pg4 ~ J 6 A O ©2a ~ ~ ® x`®"~Y ~ ~ ~ EAx,a Dr P _- ~~ Q ~`rQ~ O D ~ ~A w: f~E ~C PIN OAK pI.. ~ ~ ~ O p }~ ~ ® ® ~ Q ! 9 9fl O O p ~ ~ ® Q O _ Q :: 6 D {p B p p cy , d d :,2 0 Q Q ,. ~ 0 q G r -. O Q COVINGIDN ,P p ~ (J. G - s ' ~ 6 wvM~o a7 a 4 45 ~ Q ~ p` p KI uNE 0 fl ~; d c~, d ~ O O H ~~© ~~ ~ _ 9~ g ~d fl P O °~ O Oti a~ 4 Q ~ O s~ , O o O vl' 4 p Q !7 ~ o d 6 ro~°N Q a~ 3 flA q ~ fl o O no _n ~ a 64 ~ 0~._ 990. o 9^^ 9 ~Pr DN LN CDVM" ~ 4 ^ DOVINDTON tN (y ~ ^ q (~ a 0 u ~ -~^ a d o R Q > ~ I ~~i3 ~ ,q q O~ ~qp Q 0,5 Q .. Qoa _ ~a~` Q G' ~ •~ ° ~ ~ O ~ S ~ ~ o < ~ E3n qao~ s© ~ Q cs~.S. a p _ Q 4 _ 1000 0 1000 2000 Feet Development/Developer: Clearview 4th Addition Application: Preliminary Subdivision Case No.: 29-PS-10-09-07 png qn f C ~/ N W~ E 1jQ~IQlI ity O THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do net guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. d 118 I HX~ _~~ „~_ _ _________ ________ _- r , I 1 I i ~ i ~°r j I __ I 1 I I I ~ 1 I I I I G'7 • ~ I I I I ~ I I I 1 O : f I IS I I~r I I C\1 .. ( _ ~ I I. I I 1 , + I ~ ~[, ___ I ~ I I ~ _ ~ i I I I ~ 1 .. i i i h _ - - I 1 1 I I 1 1 I I i 1 LL 1 11J I I I~ I I I . •- .N I I I I I I I I I I ~'' I I I 1 1 U ~_______________________________J L__________________________J W i 00'LfL o...e,w s., , nOCll _ _ _ e. _~~ "3x. v~ox-- ~ O Q Q Q V ~ I c~ ~ie V ..- ... ..,. _ .... ...... .... ~....... ....,..._............,_ .... ~..-..._.....-... ........,....... V a~$~ did ~ ~sg~ z ~b~-b ~~zg 3~~3 £_ ~ $~y 5 I ~~ ~ a~2 ~ i 3~ I °3 ~ I ~~ m ~~ a ~E I osu54 Sa i Si2z3 --~--~< I I I~ I $ 1 ~ "w I~ n3 §g 8`33Y`~ it I ~-~ 1°`~ I __ ~ mva rworn N o SI I ry: 1 ~ I ~ I~ I 1 ~ I~ ---~---~ ~! 3 ~ i ''~ ~~€ g y€ i y - a CC b y~P . 9 ~ :s~ ~r ~ E g+ EE gn~ ~ ~ B ~ ` ~ ~ E >aI E 9 ~'~ ~ Y~ fr gy : "O~ge6 ~ I Jr 6ai ~Y~ ~ 3~ F a E s7~ ~°~~ tgn~ C ~ $ ~ ~a~~ ~~a~ D s~ E ES~~€ 5 ~ i~$G n E~ : S $a3 i t ~ _~~ i5 ~&~~ E$ <~~3 3 =1 3 ~ $ II 9 Y ~ ° t s 7 ~ b ~ l ~ r, 3 ' . t $ 0 r: _ RI 3 e ~ Q ~: ;g :~ >; ~ _ :q i ~~ _ t tl IY t' s f• g Eal ( •~ ~ ~ ~~) c f= . d ~ 's ~ , S„ °s .~B = 7 .a : a ~ ' _ 6a ~~ ~~ e~ e. i~ 3 o ~ Wis. : gg Za u 3~ c ~ .: ~~ s i25 ~ ~ n?5 _. 5C~ Consent Agenda June 3, 2008 City Council Meeting P. AWARD bid for build out of Civic Arena mezzanine to RJ Ryan Construction, Inc. ACTION TO BE CONSIDERED: To award the bid for the build out of the Civic West Arena mezzanine to RJ Ryan Construction, Inc., pending final review of alternates by the architect, and authorize the Mayor and City Clerk to execute the appropriate documents. If the bid is awarded, define the fitnding mechanism that will be used for this project. FACTS: • After directing staff to investigate opportunities to make enhancement to the mezzanine level of the Civic West Arena, the Finance Comnuttee and City Council focused on the interest expressed by the Eagan Hockey Association and others for dry land training space. • At their April 15, 2008 meeting the City Council approved the hiring of Leo A Daly architects to prepare plans and specifications based on preliminary cost estimates of $250-300,000 to finish off the mezzanine as a multi-use space that not only accommodates dry land training but offers programmatic opportunities and private rentals. The space would remain available for viewing public hockey games as well. • At their May 6 2008 meeting the City Council authorized the advertisement for bids for this project and the bid closing date was set for May 22. While there was a great interest in this project by sub-contractors, there was limited interest from general contractors so the bid closing date was extended to May 28 to solicit more interest fiom general contractors. • At the May 28 bid opening there was only one bona fide general contractor bid from RJ Ryan Construction, Inc. The total bid to enclose the mezzanine and provide a temperature controlled environment in that space is $239,096. The architect's estimate for the bid package was $253,021. A copy of the bid is enclosed for review. COSTS • A breakdown of the construction inchides: o General Construction bid package: $239,096 o Architectural fees and construction oversight: 12,870 o Contingency (5%) 11,950 $263,916 It is anticipated that there will be some costs associated with fiu-nishings for this space however many of the funlishings are expected to flow from other facilities. For example, the banquet chairs being replaced at ECC can be repui~osed in this space and items needed for more formalized meetings can be borrowed from other areas until a more definitive use pattern is defined for capital purchases. Dryland training equipment will be furnished by the Eagan Hockey association. s~ FUNDING CONSIDERATIONS • There are several options that maybe considered when looking at how this project can be funded: o Allocation of all or a part of the total cost from the Community Investment Fund with no pay back. o Allocation of all or a part of the total cost fiom the Community Investment Fund with a defined payback. o Allocation of all or a part of the total cost from the Civic Arena's retained eai`nings. REVENUE PROJECTIONS: o An initial estimate of $21,450 annual revenue is projected for this space. o In order to determine what revenue might be projected, a survey of like facilities and a comparison with rentable spaces that already exist within City of Eagan facilities was done. o Attached is a rental rate proposal that was used to project revenue for this space once it's completed. The attachment also compares the rates to similar and smaller spaces at the Eagan Community Center. o Additional revenues will be reviewed for consideration inchiding catering revenue for banquets/meetings/events that might be scheduled in the mezzanine. PARTNERSHIP CONSIDERATIONS o Staff continues to work with the Eagan Hockey Association regarding the level of financial partnership they are interested in pursuing. The Hockey Association remains a very strong supporter of the Eagan Civic Arena in conjunction with other community groups and has expressed a desire to maintain this positive partnership. o Details of how they wish to participate financially will be brought to the City Council for consideration at a later date. ATTACHMENTS: _ • Bid from RJ Ryan Construction, Inc. on page _~ • Proposed rental rates and rate comparisons on page ~~ PROPOSAL FOR CITY OF EAGAN CONTRACT #08-01. CIVIC ATtENA WEST MEZZANINE CONSTRUCTION A. BASE BID Complete General,Mechanical, Electrical & Fire Protection Construction for enclosure and finishing of an cxisting mczzaainc space at the north cod of tha Eagan Civic Arena Wcst • 11%iechanical Conshuction $ 59, 895 Electrical and Fire Protection $ 14,700. • General Construction ~ $ 88,751 ^ Cutting and patching $ 4, 666 ^ Miscellaneous Carpentry ~ $ 7, 308 • Door):Iardware $ 5,661 ^ Minors $ 2,800 ^ Acnt~stical Tile Ceilings $ 4,98f3 ^ Wood Athletic Flooring $ 29, 316 ^ Resilient Tile Flooring & Base $ 5, 831, TOTAL BASE BID $ 223, 916 B. ALTERNATE N0.1 Add ductwork and associated controls to RTU-1 to provide HVAC to upper level lobby and concessions area. TOTAL BID-ALTERNATE NO.1 $ 15,180 C. ALTERNATE N0.2 Delete construction of Concession Room 201 in its entirety end Eliminate dgor, framc, and hardware for Door 200 TOTAL BID-ALTERNATE N0.2 $_ (4,765) TOTAL PARTS A, B, C, $ 234,331 VOLUNTARY ALTERNATES Alt #1 Substitute gas fired high efficiency rooftop unit in lieu of Aaon unit with hot water coil allowing for elimination of piping, pumps, etc. including energy recovery for 725 cfm from base bid DEDUCT $ (16,600) rroposea Kentai rcazes Eagan Civic Arena -Multi Purpose Room Resident Non-resident Hourly (I hr min) 25 31 Daily (8 hours) 150 188 $20/each add.hr Projected revenue Ice Crystals EHA Birthday parties Rentals Rec programs 2,400 2 hrs/wk x 48 weeks (96 hours) 5,200 8 hrs/wk x 26 weeks (208 hours) 4,600 2 at $115 x 20 dates 6,250 5 hrs/week x 50 weeks (250 hours) 3,000 150 hours 21,450 Estimated annual revenue Comparisons Oaks Hourly (2 hr min) ECC Mtg rm Teen/Lone Oak Weekday Weekend Gym Res Non Res Non all renters Private Assoc 40 160 50 200 50 55 53.5/hr 800 68/hr 1100 58/hr 32/hr l_JJ o Consent Agenda June 3, 2008 City Council Meeting Q. APPROVE agreement with Dakota County for the temporary relocation of the Wescott Library to the Civic Arena West mezzanine. ACTION TO BE CONSIDERED: To approve an agreement with Dakota County for the temporary relocation of the Wescott Library to the Civic Arena west mezzanine. FACTS: • Several months ago Dakota County approached the City of Eagan looking for a temporary relocation site for the Wescott Library while the cui~ent building was scheduled to be remodeled. • The timeframe for the relocation was identified as September through December 2008. • Severallocation options were discussed by City and Library staff and because of the proximity to the existing library there were two locations identified as potential sites; Fire Administration building and the Civic Arena mezzanine. • After careful review the Civic Arena mezzanine was identified as the most viable location primarily because of the visual proximity to the library and the existing parking. • With the proposed building enhancements to the mezzanine the space meets the short term needs of the library very well. In exchange for using the space the library will assume the costs to bring in phone and data lines necessary for their operation and leave them in place for the Civic Arena's future use. Staff will also be working with library staff to facilitate some library programming components in other city venues during their relocation. • The city attorney has drafted a lease that covers how and when the space can be used and vacated. A copy of the lease is attached for review. This collaboration has enhanced an already positive working relationship between Wescott Library and the City of Eagan. ATTACHMENTS: • Proposed lease between Dakota County and City of Eagan on pages ~/ LEASE AGREEMENT THIS LEASE AGREEMENT, (the "Lease") entered into as of this day of 2008, by and between the undersigned LESSOR and LESSEE: City of Eagan, a Minnesota municipal corporation (hereinafter referred to as the "LESSOR") Dakota County Library Board, an independent agency of the County of Dakota, Minnesota (hereinafter referred to as the "LESSEE"). The LESSOR and the LESSEE are jointly referred to hereinafter as PARTIES ("PARTIES "). WITNESSETH: 1. Premises: The LESSOR, in consideration of the agreements herein contained, leases to the LESSEE and the LESSEE leases from the LESSOR that certain mezzanine area of the Eagan Civic Arena located at situated in Dakota County, Minnesota, which is pictorially described on Exhibit "A" which is made a part hereof. This property is owned by the LESSOR and is hereafter referred to as the "Demised Premises". A. The PARTIES hereto intend that this Lease shall be deemed and construed to be a Lease between the PARTIES but the LESSOR shall receive no rent hereunder from the LESSEE. B. The LESSEE accepts the property "AS IS" and assumes full responsibility for the conditions, operation, maintenance and management of the Demised Premises and the LESSOR shall have no liability in respect thereto or for damage to the property of the LESSEE or on account of the condition, operation, maintenance and management of the Demised Premises. 2. Term• A. The term of this Lease shall be September 2, 2008 through January 4, 2009. The period from December 27, 2008 through January 4, 2009 shall be used solely by ~C2 LESSEE for removal of LESSEE'S personal property and to return the Demised Premises to its original condition. Either party may unilaterally terminate this Lease without cause by giving the other party thirty (30) days written notice to terminate the Lease. 3. Rent and Costs: There shall be no rent, except that if LESSEE holds over, then LESSEE shall pay the LESSOR the then-prevailing hourly rental rate for 12 hours per day for each day of extended occupancy of the Demised Premises. The LESSEE shall pay the following costs and shall hold LESSOR harmless from and all of these costs. A. The costs associated with telephone and fax lines brought into the Demised Premises shall be the responsibility of LESSEE and the lines are to remain after the Demised Premises are vacated. B. Monthly costs and costs associated with data lines brought into the Demised Premises shall be the responsibility of the LESSEE and the lines are to remain in the Demised Premises after the LESSEE vacates the Demised Premises. C. Any costs associated with bringing other technology and the costs of monthly operation of such technology shall be the responsibility of the LESSEE and shall remain in the Demised Premises after the LESSEE vacates the Demised Premises. No additional technology enhancements may be brought into the Demised Premises without the express written consent of the LESSOR. D. The LESSEE shall provide all furniture and furnishings necessary for its operation, all of which shall be removed when LESSEE vacates the Premises. LESSEE shall not permanently attach or mount furniture or furnishings to any surface without the prior written approval of LESSOR. E. LESSEE and LESSOR agree that the attached schedule for hours of operation shall be adhered to unless LESSOR advises LESSEE at least two (2) business days ahead of time that different hours will be required. LESSOR shall have access to the Demised Premises in case of emergency. F. LESSEE will be responsible for cleaning the Demised Premises and the upper level restrooms. 2 63 G. LESSEE may locate a book drop adjacent to the drive through lane in front of the Eagan Civic Arena at a place and time determined by the LESSOR. Installation and removal of the book drop and restoration of the placement area to its original condition shall be the responsibility of LESSEE. 4. Use: A. The LESSEE may use the Demised Premises for library purposes only. B. The LESSEE shall not create nor permit to accrue any liens, adverse claims or other encumbrances against the Demised Premises. C. The LESSEE shall not damage or cause waste to the Demised Premises and shall, at its expense, maintain the Demised Premises in a safe, sanitary, functional and orderly condition at all times, free of refuse and objectionable noises, odors or nuisances. D. LESSEE shall adhere and follow all rules, regulations and policies of LESSOR regarding buildmg usage, access and parking. 5. Alterations: Subject to written approval of the LESSOR, the LESSEE shall have the right to make alterations, improvements or additions to the Demised Premises for the purpose of conducting its business. LESSEE shall bear the cost of the same. Any and all such alterations, physical additions or improvements made to the Demised Premises shall, at the option of the LESSOR, become at once its property and shall be surrendered to the LESSOR upon the termination of this Lease, by lapse of time or otherwise, unless the LESSOR shall demand of the LESSEE the removal of any such alterations, physical additions or improvements, in which circumstances, such removal shall be promptly made at the LESSEE'S expense. This provision, however, shall not apply to equipment or goods installed by the LESSEE, all of which shall be and remain the property of the LESSEE and may at any time be removed by it, but any damage to the Demised Premises caused by such removal of equipment or goods installed by the LESSEE shall be repaired at the LESSEE'S expense. 6. Repairs and Maintenance: Except as otherwise provided in this Lease, the LESSEE shall maintain all parts of the entire Demised Premises during the Term of this Lease in good and tenantable repair, reasonable wear and tear excepted, and shall promptly make all necessary interior repairs, to all parts of the Demised Premises, and shall comply with 3 b9 all governmental regulations, laws or ordinances with respect thereto. The LESSOR shall have the right to inspect the Demised Premises during normal business hours, with regard to matters referred to in this paragraph, and for all other purposes. 7. Indemnity: The LESSOR shall not be liable for any damage, loss and expense sustained by the LESSEE, its agents, servants, employees, guests, assigns, subtenants, visitors, licensees or any other person or persons, firms or corporations, due to the Demised Premises, or any portion thereof, being or becoming out of repair or defective or due to the happening of any accident or any act or neglect of the LESSEE or other person, persons, firms or corporations. The LESSEE shall indemnify and forever hold harmless the LESSOR from any liability, damage, loss or expense relating to said matters and, at the LESSEE's expense, shall defend the LESSOR against each and every claim, demand or cause of action, that may be made against the LESSOR by reason of such defects, accidents or acts of negligence, and also against each and every claim, demand or cause of action which may be made or instituted against the •LESSOR, as owner of said Demised Premises under the laws or ordinances of any governmental agency, on account of any such defects, accidents or acts of negligence. Notwithstanding the foregoing, LESSEE'S indemnity hereunder shall not extend to any liabilities, damages, losses or expenses arising from the acts of the LESSOR or its agents, servants, employees, guests, assigns, visitors or licensees. 8. A. Liabili .LESSEE agrees that LESSOR and its officers and employees shall not be liable to LESSEE for any damage to or loss of personal property in the Demised Premises unless such damage or loss is the result of the willful misconduct of LESSOR or its officers or employees. LESSOR shall not be liable to LESSEE, or those claiming through or under LESSEE, for any injury, death or property damage occurring in, on or about the Demised Premises during the Lease Term; and LESSEE shall indemnify LESSOR against and hold LESSOR harmless from liability or claims thereof, arising out of any injury, death or property damage occurring in, on or about the Demised Premises during the Lease Term. 4 65 B. Damage Notice. LESSEE shall give immediate written notice to LESSOR of partial or total damage to the Demised Premises by fire or other casualty. Subject to approval. by LESSOR, the Demised Premises shall be repaired and restored as speedily as possible after the date of destruction by and at the cost of LESSEE. 9. Default by the TENANT and Remedies: A. Defaults. Any of the following events shall be deemed to be an event of default by the LESSEE under this Lease: i. Written notice of any default from LESSOR to LESSEE which default LESSEE does not correct in three (3) business days; ii. LESSEE abandons or vacates the Demised Premises for more than two (2) consecutive days; B. Remedies. Upon the occurrence of any such events of default, the LESSOR shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever: i. Terminate this Lease, in which event the LESSOR may enter upon and take possession of the Demised Premises and expel or remove the LESSEE and any other person who may be occupying said premises or any part thereof ii. LESSEE agrees to pay LESSOR on demand the amount of all loss or damage which the LESSOR may suffer by reason by reason of a breach of this Lease by LESSEE. Neither the termination of this Lease nor the repossession of the Demised Premises by LESSOR under this paragraph shall relieve LESSEE of it liabilities and obligations under this Lease, all of which shall survive any such termination or repossession. In addition to all other remedies of LESSOR, LESSOR shall be entitled to reimbursement, upon demand, of all reasonable attorneys' fees incurred by LESSOR as to an event of default. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies herein provided or any other remedies provided by law, nor shall 5 ~~ pursuit of any remedy herein provided constitute a forfeiture or waiver of any rent due to the LESSOR hereunder or of any damages accruing to the LESSOR by reason of the violation of any of the terms, conditions or covenants herein contained. 10. Quiet Enioyment: Subject to the LESSEE's performance of all of its obligations under this Lease, the LESSEE shall have the peaceful and quiet use of the Demised Premises for the purpose set forth in this Lease. 11. Americans with Disabilities Act: The LESSOR makes no representations or warranties that the Demised Premises, any improvements that the LESSEE makes to the Demised Premises and/or that the access to the Demised Premises comply with the Americans With Disabilities Act, or the regulations promulgated thereunder ("ADA") or any other governmental regulations regarding accessibility to the Demised Premises ("Regulations"). The LESSOR shall not be responsible for any alterations of additions to the Demised Premises or other portions of the building, which the Demised Premises are a part that may be required by the ADA or any Regulations. The LESSEE will have the full responsibility and obligation, at its own expense and effort, to maintain and/or make any adjustments or changes/improvements required by the ADA or any Regulations as it pertains to the Demised Premises and/or access to and from the same. The LESSEE agrees to comply in all respects with the ADA and any Regulations, including without limitation by removal or architectural barriers within the Demised Premises and in the common areas of the building made necessary by the LESSEE'S use of the Demised Premises and by strict conformance with the ADA and any Regulations in the design and construction of any leasehold improvements and any subsequent alterations. The LESSEE shall indemnify and defend the LESSOR and shall hold the LESSOR harmless from any damages, loss or liability, including, without limitation, the cost of barrier removal or alterations which may be performed by the LESSOR, resulting from the failure of the LESSEE to comply strictly with the requirements of the ADA or any Regulations. If the LESSEE received notice from any governmental or quasi-governmental agency regarding compliance with the ADA aor any Regulations, the LESSEE shall 6 ~~ immediately notify the LESSOR, and the LESSEE shall respond to and comply with said notice. If the LESSEE does not comply with the notice, it shall be considered an event of default under this Lease. It is understood and agreed that the requirements and responses set forth in this paragraph do not constitute a waiver of the LESSOR'S rights under this Lease to approve, grant and/or deny permission for alterations or modifications to the Demised Premises. 12. Surrender of Possession: A. At the expiration of the tenancy created hereunder, whether by lapse of time or. otherwise, the LESSEE shall promptly remove all personal property belonging to the LESSEE or persons claiming through the LESSEE and surrender the Demised Premises in good condition and repair, broom-clean, reasonable wear and tear excepted. B. Upon the expiration of the tenancy hereby created, if the LESSOR has requested the LESSEE to remove all of the additions, fixtures and installations placed upon the Demised Premises by the LESSEE and designated in said request, and to repair any. damage occasioned by such removal, and if the LESSEE fails to remove the same or make such repairs, the LESSEE shall pay to the LESSOR the cost thereof. 13. Environmental Matters: A. The LESSEE shall not engage or permit any third party to engage in any activity on the Demised Premises which involves the generation, transportation, treating, handling, storage, manufacture, emission or disposal of any dangerous, toxic or hazardous pollutants, wastes or substances as defined in the Federal Comprehensive and Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), or the Federal Resources Conservation and Recovery Act of 1976 ("RCRA") or the Minnesota Enviromnental Response and Liability Act, Minnesota Statute Chapter 115A ("MERLA") or any other federal, state or local environmental laws, statutes, regulations, requirements and ordinances as now in effect or as the same may hereafter be amended or enacted ("Hazardous Materials"). The LESSEE further agrees to indemnify and hold the LESSOR harmless from and against any and all claims, actions, damages, losses, liabilities 7 and expenses including attorneys' fees incurred by the LESSOR either as a result of the LESSEE's breach of the foregoing covenant or in enforcing the foregoing right to indemnification. B. Promptly after learning of the occurrence of any of the following, the LESSEE shall give the LESSOR oral and written notice thereof, describing the same and the steps being taken by the LESSEE with respect thereto: i. Any event involving the use, spill, release, leak, discharge and cleanup of any Hazardous Material; ii. Any litigation, arbitration proceeding or governmental proceeding against the LESSEE that affects the Demised Premises; iii. That delivery of any notice from a governmental agency that the LESSEE's operations of the Demised Premises are not in compliance with the requirements of applicable federal, state or local environmental health and safety statues and regulations; iv. That delivery of any notice that the LESSEE is subject to federal or state investigation evaluating whether any remedial action is needed to respond to the release of any Hazardous Material or other substance from the Demised Premises and to the environment; or v. The delivery of any notice that the Demised Premises are subject to a lien in favor of any governmental entity for any liability under federal or state environmental laws or regulations or damages arising from or costs incurred by such governmental entity in response to a release of a Hazardous Material or other substance into the environmental. C. The LESSEE shall, at the LESSEE'S sole cost and expense, comply with any and all laws governing Hazardous Materials and provide any and all information, which may be required by any governmental agency with respect thereto. D. The LESSEE'S obligations under this Section shall survive the expiration or sooner termination of this Lease. 14. Assignment: There should be no assigning or subletting of the Demised Premises. 8 15. Suns: The LESSEE shall have the right to install and maintain signs advertising its business, at such location determined by LESSOR, provided that said signs are installed and maintained in conformance with governmental laws and regulations, that they do not effect the structural integrity of any improvements on the Demised Premises and that such signs are removed by the LESSEE, at its expense, upon termination of this Lease. 16. Notices: All notices, consents, demands and requests which may be or are required to be given by either party to the other shall be in writing and sent by United States Registered or Certified Mail, return receipt requested, addressed as follows: TO THE LESSOR: City of Eagan Attn: Juli Seydell Johnson Director of Parks & Recreation 3830 Pilot Knob Road Eagan, MN 55122 Phone: (651) 675-5500 TO THE LESSEE: Dakota County Library Board Attn: 17. Construction of Lease: If any provisions of this Lease shall, by appropriate Court Order, be held invalid or in contravention of the laws or ordinances of any applicable governmental authority, such invalidation shall not serve to affect the remaining portion of this Lease. Interpretation and enforcement of this Lease shall be governed by the laws of the State of Minnesota. 18. Headings: Headings of titles of the paragraphs are inserted solely for the convenience of reference and shall not constitute a part of this Lease, nor shall they affect its meaning, construction or effect. 19. Successors and Assigns: This Lease shall bind the LESSOR and the LESSEE and their successors, assigns, heirs, administrators or other legal representatives, as the case may be. 20. Governing Law: This Agreement shall be construed under and governed by the laws of the State of Minnesota. 9 ~o 21. Relationship of Parties: Nothing contained in this Agreement shall be deemed or construed by the PARTIES hereto or by the third party to create the relationship of principal and agent or of partnership or of joint venture or of any association whatsoever between The LESSOR and the LESSEE, it being expressly understood and agreed that no provision contained in this Agreement nor any act or acts of the PARTIES hereto shall be deemed to create any relationship between the LESSOR and the LESSEE other than the relationship of the LESSOR and the LESSEE. 22. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. 23. Lease Term: The phrase "Lease Term" as used herein shall include any extensions or renewals of the original Lease Term. 24. Subrogation: As long as their respective insurers so permit, the LESSOR and the LESSEE hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended overage and other property insurance policies existing for the benefit of the respective PARTIES. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 25. Waiver of Default: No waiver by the PARTIES hereto of any default or breach of any term, condition or covenant of this Lease shall be deemed to be a waiver of any subsequent default or breach of the same or any term, condition or covenant contained herein. _ IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. LESSOR: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor 10 7l By: Maria Petersen Its: City Clerk LESSEE: DAKOTA COUNTY LIBRARY BOARD, an independent agency of the County of Dakota By: Its: STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2008, by Mike Maguire and Maria Petersen, the Mayor and Deputy Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA) SS. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a Notary Public, on the day of 2008, by the of the Dakota County Library Board, an independent agency of the County of Dakota, on behalf of said agency. Notary Public 11 THIS INSTRUMENT DRAFTED BY; SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (952) 432-3136 JFS: 206-27761 12 73 EXHIBIT "A" Real Estate -Legal Description 74 EXHIBIT "B" Personal Guarantee Consent Agenda June 3, 2008 City Council Meeting S. ACCEPT a Cash Donation from Wayne and Gwen Olsen for the purchase and installation of a tree in Central Park. ACTION TO BE CONSH)ERED: To accept a cash donation of $250 from Wayne and Gwen Olsen to plant a tree in Central Park. FACTS: The City Council formalized. a donation policy and gift book to allow for the donation of specific items that people might consider to be incorporated within City of Eagan parks. • Wayne and Gwen Olsen approached the City of Eagan with a request to donate a tree to be planted in a local park. • After meeting with Forestry staff the tree was located at Central Park close to the Eagan Rotary Band Shell as part of the Arbor Day celebration. ATTACHMENTS: • None ~P Agenda Information Memo June 3, 2008 Eagan City Council Meeting T. 5 YR. CIP -PART III, PUBLIC WORKS INFRASTRUCTURE (2009-2013) ACTION TO BE CONSIDERED: Approve the 5-year Capital Improvement Plan for Public Works Infrastructure, Part III (2009-2013) and authorize the initiation of the public improvement process for the 2009 programmed improvements. FACTS: • At the Council Workshop held on May 13, the Public Worlcs Department presented a draft of their proposed 5-year Capital Improvement Plan (CIP) for 2009-2013. After a review and discussion, the Council concurred with the proposed CIP as presented. • With the adoption of this 5-year CIP and authorization to initiate the public improvement process for the 2009 projects, it will allow the appropriate studies, notices and hearings to be completed in 2008 and the solicitation of bids in early 2009. ATTACHMENTS: • Summary of Proposed 2009 Improvements, pages through T • 5-year CIP (2009-2013), 3 ring binder (previously distributed). ~~~~ 5-yr Capital Improvement Program (2009 - 2013) 2009 scheduled Improvements ($11,774,300) Revised 5-OS-08 LOCATION DESCRIPTION ARTERIAL & COLLECTORS ($2,110,000) 1. Blue Gentian Rd (east of Blue Water Rd. to TH 149.) Overlay 2. Cliff lake Rd (Blackhawk Rd. to Cliff Rd) Overlay 3. Rahn Road (Shale Lane to Cliff Lake Rd) Overlay 4. Denmark Ave. (Clubview Rd. to Lone Oak Rd} Overlay 5. Federal Dr. (Violet Lane to Washington Dr.) Overlay 6. Denamrk Ave. (Nothwood Pkwy to Clubview Dr.) New 36' road with sidewalk (east side) LOCAL STREETS ($2,813,000) 1. Yankee Doodle Rd (west of TH13) Overlay 2. Yankee Drive Overlay 3. Lone Oak & Waters Business Park Overlay 4. Windtree 1st - 8th Additions Overlay 5. Washington Dr. & 81st Street Overlay 6. Marice Dr./Sherman Court/Norwest Court Overlay 7. Avalon Burnside Ave. Overlay 8. Robin Lane Overlay 9. Eagandale Place (LeMay Lake) Overlay/ Recycle 10. Shields Dr/Towrview Rd/Quarry La. Overlay 11. Hampton Hts & Stoney Pt Additions Overlay 12. Rahncliff 2nd & 3rd Add. Overlay 13. Duckwood Trail 2nd Add. Overlay 14. Grace Drive Overlay 15. Opperman Drive Overlay 16. Pinecrest Add. Overlay ~~ LOCATION DESCRIPTION TRAILS ($1,848,600) 1. Cedar Grove Parkway (Nicols to Gold Trail) NEW Construction South Side (2,500 FT) 2. Denmark Ave. (Northwood Pkwy to Clubview Dr.) NEW Construction North Side (2,300 FT.) 3. Blackhawk Rd (Cliff Rd. to Beecher Dr.) NEW Construction East Side (1,000 FT.) 4. Lone Oak Rd (Pine Ridge Dr. to east of Woodlark La) Overlay (725 ft) 5. Towrview Rd. (Woodlark La to Pilot Knob Rd) Overlay (720 ft) 6. Towerview Rd. (Pilot Knob Park to Pilot Knob Rd. Overlay (645 ft) 7. Yankee Doodle Rd. (Coachman to Central Pkwy) Overlay (2,030 ft) 8. Diffley Rd. (Lexington Way to Lexington Ave.) Overlay (710 ft) 9. Dodd Rd. & Hackmore (Diffley to Hawthorne Woods) Overlay (2,160 ft) 10.Diffley Rd. (Countryside Dr. to TH 3) Overaly (1,350) 11. Dodd Rd. (Cliff Rd. to Atlantic Hills) Overlay (2,210 ft) 12. Cliff Rd. (Nicols Rd. to Cliff Dr.) Overlay 565 ft) 13. Cliff Rd. (Ridge Cliff to Beacon Hill Rd) Overlay (590 ft) 14. Cliff Rd. (Thomas Center Dr. to Thomas Lake Rd) Overlay (930 ft) 15. Johnny Cake Ridge Rd. (735' so of Cliff Rd to Cliff Rd) Overlay (735 ft) 16. Johnny Cake Ridge Rd.(Apple Valley to 2,965' north) Overlay (2,965 ft) SEALCOAT ($272,400) 1.291,300 Sq. Yds (Misc locations) Surface Maintenance INTERSECTION IMPROVEMENTS ($1,350,000) 1. TH 149 @ Northwest Pkwy/BlueGentian Signal Modifications 2.Lexington Ave. @Northview Park Rd Signal 3.TH 13 @ Yankee Doodle Rd Signal Modifications 4. Nicols Rd @ Cedar Grove Pkwy Roundabout 5.CIiff Rd. @ Rahn Cliff/Cliff Lake Rd. Signal Modifications ~q LOCATION DESCRIPTION STREETLIGHTS ($44,500) 1. Four Oaks Rd. @ Coachman Rd. Upgrade 2. Four Oaks Rd @ Farnum Dr Upgrade 3. Four Oaks Rd @Alden Pond Lane Install 4. Ashbury Rd. @Blackhawk Rd. Upgrade 5. Ashbury Rd. @ Birchpond Rd. (x2) Upgrade 6. Blackhawk Hills Rd @Blackhawk Lake Dr. Upgrade 7. Blackhawk Rd. @Robin Lane Upgrade 8.Elrene Rd. @ Windtree lane Upgrade 9. Elrehe Rd @ Stonewood Rd. Upgrade 10. Traffic Signal Painting (Misc locations) Maintenance WATER TRUNK DISTRIBUTION ($0) Nothing Schedule WATER SYSTEM OPERATON & FACILITIES ($1,810,800) 1. Wells #2 & #18 Inspection 2. Yankee Doodle Reservoir General Maintenance 4. Sperry Tower Rehabilitation 5. South Water Treatment Facility Operation/Controls upgrade SANITARY SEWER TRUNK CONVEYANCE ($300,000) 1. Infiltration & Inflow Misc Imp (TBD) SANITARY FACILITIES & OPERATIONS ($155,000) 1. 5000 ft @ misc locations New sliplining for root and infiltration control STORM TRUNK CONVEYANCE ($0) Nothing Schedule STORM FACILITIES & OPERATIONS ($70,000) 1. Upgrade four lift stations SCADA Improvements 2. Storm Ponds General Pond Maintenance ~~ LOCATION DESCRIPTION WATER QUALITY ($1.000.0001 1. Fish Lake --Alum Basin 2. Fish Lake -- Direct Drainage Basin 3. Fish Lake -- Storm Basin Improvements 2 4. Schwanz Lake -- Direct Drainage Basin 5. Schwanz Lake Storm Basin Improvements 1 Potential land purchase Phase 1 Treatment Improvements Phase 2 Water Quality treatments Phase 2 Treatment Improvements Phase 2 Water Quality treatments 6. LeMay Lake -- Direct Drainage Basin 7. W.Q Stewardship Programs 8. Wetland Banking 8. General Storm Basin Improvements Phase 1 Treatment Improvements Rain Gardens, Wetland Buffers, etc Phase 2 Site Establishment Imp WQ treatment capabilities of basins ~f Agenda Information Memo June 3, 2008 Eagan City Council U. HAWTHORNE RIDGE -EXCEL DEVELOPMENT, LLC ACTION TO BE CONSIDERED: Direct the City Attorney to prepare a Modification to the covenant restrictions for Excel Development's Hawthorne Ridge strip retail center located at 525 Diffley Road, REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: - The City placed covenants against the property that prohibited certain uses in 2002, sold the property to Excel Development in 2003 and the strip center opened in 2005. - The City Council has been approached in the past to modify the covenant restrictions placed by the City on property sold to Excel Development a number of years ago. The most recent request was to allow a coffee house/sandwich shop in 2007. - City staff has been approached by the owner of the development to allow afull-service restaurant with on-sale liquor. The owner has submitted a 17 page petition supporting this request. - The proposed action will direct staff to work with the City Attorney's office to prepare an amendment that would allow the proposed use. - Unless the item is pulled and different direction is given by the City Council, this item will come back to a City Council Agenda under Old Business and notice of same will be provided to adjacent property owners. ATTACHMENTS: (2) Location Map on page . Letter and sample page of petition on pages thru ~a Eagan Boundary ^^//~~~~ ^AA^ L ® ~' ®~ ~ ~ II~~ Right-of-way u Parcel Area ~ V N Park Area ~_ _ Building Footprint ar t~ ~- a _ ,.., .. - ° i - ~ ~+ t7 ~a u Q ~1© A. f ~ QQ© f ~ ~~~ EW(1y,Ve .J ~ -., © Q ~ QP~ ~ ©®© .I ~ I R ~E ~ 4„~ ( p ~~ d~ Ss J ~ b J .~ ~ . rto dod a O ~ , Cd ; z, p-' ~ r ` 1 ~ Q' D Q ~~ ~, d -q ® 9 ~ d d ° ~ ~ ~ Q n p ,. d G~ d d 4 ? ICJ (? Q ~ © © 4 ~ © E, ~ / ~'Y ~, a C3~ t o d 4 a © . @+ V~ P 6 4 ~ p ~rac~p n g C~'a ~ O a ~ ~ u LL ~' Rbnrxb "" ~'-~. 4~ ~ © a" pC 43 4 ~ ~ P 9 C~ c © ~ ~ ~ ~ © d~~ s~ S-~ '~ ~,a ® 4 p Rr - - L ~ , 6C 4 "~ ~ n ~ ©~ y ' d © 66 p ,, ~ © . ~ €J d " \ ~ © ~~ q sv < ~;1 ~.~ ~ ono ~ \ b fa fl ~ ~~ ©a.~~ ° . ~ro b g ~©ra 6, G> C/ q© d o py!!KWlLL OR p < © Q , d p {ua! ~ ~j Q ° ~ {~ 2 ~ q C= '-~ Q ~ 8 ~ ~ ~ ~ fl a a° a Q ~ °- Q ~ ~ } , VQ Si a p © `'~,~ © ~ ~a C~ C7~C'eF1 Q r `p ~ ~ i. ~~ 81RTE611VE - ~ ad Subject Site © _ 9 d o a p b p Q `~ 4 c^. d q s.. Q ~ ~ d ~ ~ Q Li ~ ..~,+ . ~ © fv' d>j L} O ~ i~ s~ ©' CJ E2 C:7 Q b Q©'~.~~1 ~ C# wnnar ~ Qpb b 6 6 ©6 (3~"' •`~ ~ fl aped 6 a a Q ~ ~ ~ p- p„a 6 ~ p b a O ~ p 6 ~ 47 f7 `© .' a ... "Cj RoRO ~ .w ~ ~ do ~.: ~ .. ~ ~ Q ~ 8 6 - -- C J C} a h d a , ~ ~ d 94A Q G t~ i ~ D do o a ~ ~ a ~ s~~ ~ , ~ _ ~ ~~ g ! ~,° ~ P ' ~ 4~ ~ ~ ~} ~ o ~, d ~ q 0 ~ 4 0 bo.. °o ~;Q Q G.,. Na 4FS p Q CS . _, C:S.A.H. NO.90 (D1FPtEY ROAD) ~ ~ ~ a - , E p ,. el _ ; P ~ © °~ ~'' (J Fa ~ 04 ~ ~ _ ~ _ ' ~ _ IF ` 1 t7 a © Q b €3 ~ 6 ~ 4 ~ 8 - ~ Y Ll ~ ~ ~ 41 L ~' q ~~ , a © fl a © o. ~ ~ o ea d ~ a a - ~ a : ~ aREleu~ ~ 'r, ~ ~ p ~ _ i ') ~ ~~ ~ fl a s ~ p ~ ~u ~ `~ ~' Q a ° ° ~ ~ o ~ ~ ~ Q ~ d 2NlR F d CC [~ ~~ f111CIn1bRE b1UVE: MACKN10RE bNVE " ~ i ~ 4,sR ri ~ ti Fd ~ e7 ~ fJ ~ ~ ,,. Q ~ . ~ O ~6~ ~. ~ wto C?. ~ 9 GS 9 ~ --,r Q ~ ~~ d~ ¢~ 9 ~ q b o ~ o ~' ~ ~ 4a ~? G1 ~~a. ~I 4 a ~, q p a t~.~ q q L b ~~ ~ o QQ a ~ d I U o b a_..dda~~ ~ b ~. e r ' ' a J [3~ t3[~ oq q~4L Cis ' (> ~.A b ~ ~ ~ ( CRIMION li}F TMU ~y K'ICI ~ @ ," F \7 ~ c~5,ybf ~ ~~~,~~i ,5-,.-r34 s?1 6 9 :,mp _ ro a .-~( ~, a s~ o i 3 hC ~ O .. VO ~ J• ~ ~, ~ f '7 ~6 HiIC Rltl ~ / k V O f~ C`~ESS aUM R6 p d ~ d ~ ~ ~g ~ ~~ '- ' i l ~~ ~ a , ~~ / ,~ rf~ i ,~ a 1000 0 1000 2000 Feet Hawthorne Ridge Retail Center N City of Eo~aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E The City of Eagan and Dakota County do not guarantee the accuracy of this information an d are S Community Development Department not responsible for errors or omissions. 4450 Erin Drive .w ~ ~xo~l Suite 200 DPVr2lopmPrtl' ~~~ Eagan MN 55122 Seal Estate InvestmA^~ and Mana ement Phone: 651-756-1440 Fax: 651-756-1441 April 30, 2008 City Qf Eagan Planning & Zoning Eagan MN 55122 To whom this may concern: Vile request the City's consideration to amend the restrictive covenants on our property at 525 Diffley Road to permit a foil-ser/ice restaurant We have received over 300+ signed local resident names on a petition to have a full service family restaurant in the neighborhood center. We also have restaurant users wanting this location but are unable to place this need into the com- munity since the current zoning reflects a restriction of use. Restricting this site hurts the community itself and the neighborhood center from continued growth. There is a current business owner who is in fihe process of selling the coffee%cafe (fell terminally ill) and he would also like to offer the potential buyer the option to have full service within the cafe-to make it more marketable. Currently this site is the-only site with such restrictions attached to its covenants in the City of Eagan. We understand the reasoning behind the decision, we are only asking for consideration to amend to .allow continued grouvt~~: on the corner of Hwy 3 ar!d Diffley ~oaci. , ' ; ~~/~. h~p^ t~e~_! ! :1e,:l,l n^ nc i{Ier °dd'r'g this rntrnn,~r~lnr+~?~¢i/~M~ /~f am prs~ 1T n n/'~`rc~ ~^ c ~ Inge it ~~ 'Y{i .\i:.iiiti[..~V {..i Y / 1 is v~/t..i VYI~~G~Ywlii v'Y CI-.endf.C .IhVV~JYVn f ltai tV al VI~ a restaurant user within the neighborhood center. sincerely, ~f`erzy ~zoka President/Qwner Excel Development LLC js@exceldevelopmentllc.com 051-756-144(? S~{- Agenda Information Memo June 3, 2008, Eagan City Council Meeting V. Joint Powers Agreement Renewal for the Minnesota Department of Public Safety Criminal Justice Data Communications Network (CJDN) ACTION TO BE CONSIDERED: To approve the renewal of a Joint Powers Agreement with the State of Minnesota for connections to the CJDN. The signed agreement would be in effect until May 31, 2013. FACTS: • The City of Eagan accesses Department of Public Safety records through the CJDN. • This network allows the City of Eagan to access criminal history files through the State of Minnesota and Federal Bureau of Investigation (FBI). • The network is also utilized to access motor vehicle and drivers' license records. • The communications network is the avenue for sending and receiving emergency and administrative messages between law enforcement agencies. • This agreement will be in effect through May 31, 2013. A previous agreement has been in effect since 2000. • The agreement has been reviewed by the city attorney's office. They have indicated there are no substantive changes to the prior agreement. ATTACHMENTS: A copy of the Joint Powers Agreement on pages Y- ~ . ~(~ MN DEPART ENT OF PUBLIC SAFETY CRIMINAL JUSTICE DATA CO UNICATIONS NETWORK AGREE ENT (DISTRIBUTION OF NETWORK SERVICES TO LAW ENFORCEMENT AGENCIES) Contract # THIS JOINT POWERS AGREEMENT, by and between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension (hereinafter referred to as the STATE) and Eagan Police Department. 3830 Pilot Knob Road. Eagan, Minnesota 55122, (hereinafter referred to as GOVERNMENTAL UNIT) witness that: WHEREAS, the STATE, pursuant to Minnesota Statute, Chapter 299C.46, Subdivision 1 is authorized to lease or purchase facilities and equipment as may be necessary to establish and maintain the data communications network with criminal justice agencies, and WHEREAS, Minnesota Statute, Chapter 299C. 46, Subdivision 2 defines criminal justice agencies allowed to connect to the criminal justice data communications network, and WHEREAS, the STATE, pursuant to Laws of Minnesota for 1999, Chapter216, Article 1, Section 7, Subdivision 3 is appropriated funds for the statewide criminal and juvenile justice data information system upgrade; and WHEREAS, the STATE, pursuant to Laws of Minnesota for 2000, Chapter 311, Article 1, Section 3 is appropriated funds for criminal justice technology infrastructure; and WHEREAS, Minnesota Statutes, Section 471.59, Subdivision 10 authorizes both the STATE and the GOVERNMENTAL UNIT to enter into joint powers agreements, and, WHEREAS, the GOVERNMENTAL UNIT represents that it meets all requirements for this Agreement as a criminal justice agency, or is a city, county, or political subdivision participating on criminal justice communications network authorized to accept network services from the STATE for the purpose specified herein, and WHEREAS, the GOVERNMENTAL UNIT represents that it is duty qualified and willing to perform and carry out the services and tasks described in this Agreement NOW, THEREFORE, it is agreed: I. SERVICE OPTIONS Criminal justice agencies may select either option A ar B below. Cities, counties, or political subdivisions may only select option A. Service option checked below applies to this Agreement: A. The STATE's base installation is a T1 access circuit, a defined level of backbone bandwidth, and supported telecommunication equipment which includes (modem, DSU/CSU, and router). The total cost of the network connection will be computed based on the combined requirements of the STATE and the GOVERNMENTAL UNIT for backbone bandwidth, supported telecommunication equipment with appropriate ports, access circuit, and installation. The STATE will pay what they would have paid for the base installation, as specified in Clause II of this agreement, and the GOVERNMENTAL UNIT through a service agreement with the Minnesota Department of Administration Intertechnologies Group (ITG) will pay the difference. This will include an additional PVC or an increase in the base bandwidth, an appropriate level of Community Router Service, and may include an additional router port. CJDN traffic will have priority routing. Either party to this Agreement can expand their bandwidth within the available bandwidth, but if a conflict in bandwidth needs occurs, then the GOVERNMENTAL UNIT wilt order another access circuit from ITG for their use at the prevailing rates. The same PAGE 1 of 4 telecommunications equipment can be used. OR 8. X GOVERNMENTAL UNITS wants to utilize available CJDN bandwidth. If the expected bandwidth requirements by the GOVERMENTAL UNIT are low, the GOVERNMENTAL UNIT can utilize some of the available bandwidth within the planned network. The GOVERNMENTAL UNIT must obtain the STATE's approval in advance for each type of service that they want to use. The only cast of this option to the GOVERNMENTAL UNIT will be for an additional router port, if it were needed in order to segregate the CJDN traffic and establish the required separate segment. CJDN traffic will have priority routing and if the GOVERNMENTAL UNIT experiences bandwidth congestion (response time), then the GOVERNMENTAL UNIT can acquire additional bandwidth, if available, on the existing circuit or the GOVERNMENTAL UNIT can acquire another circuit connection through InterTech. The same installed router can still be used. STATE'S RESPONSIBILITIES A. The STATE shall, by the nature of the location of the GOVERNMENTAL UNITS that it serves, cause the Minnesota Network (MNet) to be extended to more locations throughout the state. This provides an opportunity for GOVERNMENTAL UNITS to partner with the STATE and ITG to more fulty utilize the planned network connections and increase connectivity between public sector organizations. B. Wherever feasible, the STATE shall use current MNet digital network connections to connect to participating agencies for the purposes of criminal justice access. If a GOVERNMENTAL UNIT does not have a current MNet connection or it is inadequate for the application, the Criminal Justice Data Communications Network (CJDN) Upgrade Project will bring routed connectivity to that site. C. The STATE, through ITG, will coordinate and pay the telephone company for the initial inside (premium) wiring service at the GOVERNMENTAL UNIT's site, not to exceed $200.00. This cost is limited to the wiring from the Main Point of Presence (MPOP) in the facility to the STATE provided router, unless otherwise specified within this agreement. D. The STATE, through ITG, will determine the bandwidth requirement for the CJDN applications at each site and will coordinate and pay the telephone company for the initial installation of the circuit required to support that bandwidth. E. The STATE, through ITG, will coordinate and pay the telephone company for the initial installation and monthly cost of the circuit located at the GOVERNMENTAL UNIT's site. F. The STATE, through ITG, will coordinate and pay for the initial activation, support, and maintenance of one router port on the MNet router located at the GOVERNMENTAL UNIT's site. If an additional port is required, the GOVERNMENTAL UNIT will be required to pick up the monthly charge. Access Control Lists (ACL) for the connection to the STATE will be maintained by ITG with the approval of the STATE. G. The !TG will ensure that a separate, and dedicated, modem line is installed at the GOVERNMENTAL UNITs site for the express purpose of monitoring the ITG owned and maintained MNet router. H. The STATE, through ITG, will maintain the Access Control Lists (ACL) on the MNet routers for connection to the STATE for the purpose of gaining access to criminal justice information. I. The ITG will bill the GOVERNMENTAL UNIT its appropriate share of the costs depending on service options and/or service agreements entered into between the GOVERNMENTAL UNIT and PAGE 2 of 4 ITG. III. GOVERNMENTAL UNIT'S RESPONSIBILITIES GOVERNMENTAL UNIT receiving equipment and/or services under this Agreement must: A. If a circuit is to be installed, the GOVERNMENTAL UNIT shall grant access to the facility main point of presence (MPOP) for the telephone company installer to install the circuit. B. The GOVERNMENTAL UNIT shall indicate to the telephone company installer where the MNet router is located or will be installed within the facility (this is premium wiring). C. Following the initial premium wiring, the GOVERNMENTAL UNIT shall be responsible for any and all costs of installing, repairing or replacing internal wiring in support of their criminal justice data communications network connection. Further, the GOVERNMENTAL UNIT will be responsible for any cost associated with damaged wiring due to relocations, misuse, or abuse. D. The GOVERNMENTAL UNIT shall report to the STATE any plans to relocate their offices thatwould impact their criminal justice data communications network connection. A minimum of 120 days notice is required to ensure uninterrupted service for circuit moves. In all cases, the relocation costs are the responsibility of the GOVERNMENTAL UNIT. E. The GOVERNMENTAL UNIT shall provide and maintain any disposable and consumable components originally provided by the STATE, and shall suppty alt other necessary disposable and consumable components not provided by the STATE at the GOVERNMENTAL UNIT' expense. F. The GOVERNMENTAL UNIT shall property dispose of any and all state provided internal wiring when it is no longer operational or needed for connectivity to the criminal justice data communications network. G. If an additional port is required, the GOVERNMENT UNIT will be required to pick up the monthly charge. Access Control Lists (ACL) for the connection to the STATE will be maintained by ITG with the approval of the STATE. H. The GOVERNMENTAL UNIT is required to sign a Service Agreement with ITG if they selected Option A of this Agreement. IV. TERMS OF AGREEMENT This Agreement shall be effective on 06/01/2008 , or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. 16C.05, Subdivision. 2, whichever occurs later, and shall remain in effect until 05/31/2013 , or until all obligations set forth in this Agreement have been satisfactorily fulfilled or the Agreement has been canceled, whichever happens first. V. TERMINATION This Agreement may be terminated by either the STATE or GOVERNMENTAL UNIT at any time, with or without cause, upon ten (10) days written notice to the other party. Vi. STATE'S AUTHORIZED AGENT The STATE's authorised agent for the purposes of this Agreement is Robert P. Johnson, or his designee, Department of Public Safety Bureau of Criminal Apprehension 1430 Maryland Avenue, St. Paul, MN 55106. Such agent shall have final authority for acceptance of the GOVERNMENTAL UNIT's services. VII. ASSIGNMENT GOVERNMENTAL UNIT shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent from the STATE. PAGE 3 of 4 ~q VIII. LIABILITY The GOVERNMENTAL UNIT shall indemnify, save and hold the STATE, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this Agreement by the GOVERNMENTAL UNIT or GOVERNMENTAL UNiT's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies the GOVERNMENTAL UNIT may have for the STATE's failure to fulfill its obligations pursuant to this Agreement. The GOVERNMENTAL UNIT's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01-466.15 and other applicable law. IX. STATE AUDIT The books, records, documents and accounting procedures and practices of the GOVERNMENTAL UNIT and its employees, agents or subcontractors relevant to this Agreement shall be made available and subject to examination by the STATE, including the contracting AgencylDiviston, Legislative Auditor, and State Auditor for a minimum period of six years from the end of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed intending to be bound thereby. eoopnv~n 1. GOVERNMENTAL UNIT 2. DEPARTMENT OF PUBLIC SAFETY Governmental Unit certifies that the appropriate person(s) have (with delegated authority) executed this Agreement on behalf of the Governmental Unit as required by applicable articles, bylaws, resolutions, or ordinances. By: BY~ Title: Title: CJIS Director Date: Date By: Title: Date 4. ATTORNEY GENERAL 3. DEPARTMENT OF ADMINISTRATION Approved to sign on behalf of the Attorney General as to form and execution: By: gy. Date: Date: ° PAGE 4 of 4 ~~ Agenda Information Memo June 3, 2008 Eagan City Council Meeting W. CONTRACT 08-02, LONE OAK ROAD LIFT STATION UPGRADE ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 08-02 (Lone Oak Road -Lift Station Upgrade) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, June 24, 2008, at the Eagan City Hall, located at 3830 Pilot Knob Road, Eagan MN 55122. FACTS: • The replacement and upgrade of the existing sanitary sewer lift station (NG.1) located southwest of the intersection of Lone Oak Road (County State Aid Highway No. 26) and Poppler Lane was authorized with the approval of the Sanitary Sewer Operations and Facilities portion of the 2008-2012 Capital Improvement Program (CIP) and 2008 operating budget. • All of the construction activity for said improvements has been designed to occur within existing public right-of--way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Location Map, page ~j '' City of Ea~a~ Engineering Department ~~ O J_ D_ Lone Oak Lift Station Location Map - Proj. 892 2-28-08 Agenda Memo Eagan City Council Meeting June 3, 2008 ACTION TO BE CONSIDERED: To close the public hearing and approve a Resolution Adopting a Development Program for Northeast Eagan Development District No. 2, Establishing Tax Increment Financing District No. 2-5 therein and Adopting a Tax Increment Financing Plan for the District. FACTS: • At its meeting of April 1, 2008, the EDA requested that the City Council set a public hearing on June 3, 2008 for purposes of considering the decertification of a portion of TIF District 2-4, which had not yet experienced redevelopment activity, and to consider the formation of a new TIF District 2-5, which could be used to support new redevelopment activity that may occur in the area. Prior to that hearing, it is necessary for the EDA to consider the Redevelopment Plan and related documents and adopt a resolution in their regard to the City Council. • The City is at a point at which it has the option of continuing District 2-4 in its current form or recertifying a portion of it for two purposes, to align the District term with the new TIF expected to be created by the Blue Gentian Corporate Center and to create an additional five year window for the potential assistance of a project in the portion of the district south of Hwy 55. • The City's current development agreement with McGough provides for the City to provide public financing assistance in the amount of 75% of the tax increment generated by the Blue Gentian office project up to a maximum of $3.8 million. The amount of assistance was based on a review of the project pro forma by Ehler's and Associates, who confirmed that extraordinary costs associated with the acquisition and assembly of previously developed properties, their demolition and the construction of a parking structure to support a 261,000 office building created a financing gap of that scale. • The agreement to provide this level of assistance was based on an original projection of TIF to be generated if the project were constructed earlier in the life of the district 2-4, such that tax increment from the project would be created and captured for much of the 26 year term of the district. As the Council is aware, market conditions as well as the time taken to complete the acquisition and assembly of the site caused McGough to postpone commencement of the district q3 until this year. As a consequence, if no modification is done to the district, the loss of five years of increment and the time value of that revenue flow would now be roughly $2 million with the 75% available to the developer being $1.5 million. The developer has indicated that the extraordinary costs of the project are as great or greater than they were when the original pro forma was prepared and they have asked the City to consider alternatives to provide a level of increment at or approaching the $3.8 million estimated originally. • The City has the option of decertifying the portion of TIF District 2-4 that has not redeveloped to date (the portion of the district not including Grand Oak and the Atlas/U-Line building) and recertifying it as a new TIF district, because the conditions that caused the district to be formed originally -the level of lot coverage and the percentage of substandard structures -continue to exceed the thresholds necessary for a new district. • If a new district is created, however, the City has the option of electing that fiscal disparities be paid from outside the district rather than from inside it. District 2-4 currently pays fiscal disparities within the district. If an election to pay fiscal disparities outside of the district were made for a new Northeast Eagan Redevelopment District, the tax increment generated by the district that would be available to support the McGough development would approach the $3.8 million previously estimated ($3.5 million, with no inflation) and a larger balance would be available to pool to other City redevelopment districts. • The City's general policy for TIF districts has been that fiscal disparities for the new development be paid from within the district. This policy was originally adopted when the City was considering economic development districts for the benefit of a particular business to create jobs within the community, rather than a redevelopment district, the purpose of which is to remove blight, stop the decline in tax base, and create substantially greater tax base. • Given the special nature of a redevelopment district, the City did elect to have fiscal disparities paid outside the district for the Cedar Grove Redevelopment District. In that case, the Council determined that the different purposes of a redevelopment district and the general benefit to the City from the removal of blight and redevelopment of the area justified spreading the fiscal disparities payment to the areas outside the district. If the Council concludes that the same benefits exist in this case a similar fording would be made. The resolution for the creation is based on that fmdmg • In the event that inflation or some other factors cause TIF revenues in the district to substantially exceed the current projections, the City may decide to switch at a later date and pay fiscal disparities from within the new district. State law does not permit a switch in the opposite direction, however, so if the Council does not make the election to pay fiscal disparities outside the district at the creation of a new district, it cannot make that change later on. 9¢ Based on the current assumptions, if the City does not make this election, the anticipated TIF generation from a new district is less than $50,000 more than would be created by retaining the existing district and creation of a new district would not be advisable. Therefore, the plan under consideration at this time includes the election to pay fiscal disparities from outside the district. ® The financial impact of creating the new TIF District and paying fiscal disparities from outside the district is as follows: o The present value of TIF available for the redevelopment project, administrative costs, and pooling with other districts is increased by $2,690,040 from $2,018,325 to $4,708,365. o Spreading the fiscal disparities contribution over the community results in the following estimated annual tax impacts, assuming all other variables remain constant: ^ $281,208 residential property $2.46 ^ 350,000 residential property 3.14 ^ 1,000,000 commerciaUindustrial property 11.15 ^ 5,000,000 commerciaUindustrialprnperty 57.49 ® In addition to considering the creation of new TIF District 2-5, the resolution also covers the expansion of Development District No.2 to permit pooling of TIF proceeds between the TIF districts that are within the Development District. Development Districts are the areas within which TIF proceeds may be spent. TIF Districts are the areas within which TIF proceeds may be raised. A Development District may have one or more TIF Districts within it. ® Currently, the development and redevelopment districts that have been created in northeast Eagan have been located within Development District No.2. The Cedar Grove Redevelopment District is located within its own Development District designated as Development District No. 1. The proposed action would combine the two Development Districts and connect them through the City's Central Area and Hwy 13 industrial area. ® The City has received two comments to date regarding its notice of this hearing. One from Investor's Real Estate Trust (IRET), the new owners of the former Steve Cheney property, expressing support for the recertification of the district and one from Dakota County, which has the opportunity under the TIF law to request the payment of County costs associated with improvements to County Roads. The law does not require that the payment be made, but does require the City and the County to meet to discuss the request and consider a resolution to the issue. As a consequence, staff would recommend no action on the County letter at this time, pending further discussion of the issue raise with County staff. ® At its meeting of May 20, 2008, the Economic Development Authority passed a resolution in support of the actions proposed. At its meeting of May 27, 2008, the Advisory Planning Commission passed a resolution finding the redevelopment plans to be consistent with the general plans for the development of the City. ® Additional background concerning the district and plans is outlined in the attachments. ~s ATTACHIVIEI°iTS: • Location maps on pages through • .Summary description of district on pages ~ through • Summary of fiscal disparities impa t on page _ • Ehlers But-For memo on page • Resolution on pages `° through • TIF Plan and Redevelopment Plan enclosed on pages through • Comment letters on pages through ~~ i t~ ~~ / __ _- ~~-- -~ ~- C,.-~ _ ` N ~.-- -~ ~ N _~ .. ~, ~ { ~~~ a h.- '_"O o ii r i ~ ~ `~ I ate-. ~~ Y a o ~~~` .w z \~ { o N y fy%M~ ~2 ~ ~ ~ m .~ ~ v ~~ ~ I - ~ ~ ~ i N N ~ N~ 1p9 , Z Z o ._--~ .«a ~ o ~, ~L N ~' R '~ v_ o ~ c 1 ~ ® aCi ~ m ^~ ,~' ~ o d a m a '~ I~~~Q 3 f env Q. > N 'C "> y ~ z 9 c ~ --~ } ~> ~ d 80NN ~~ '` -,~ i \~` J' ~ -~ y` •~~ `~_ ----'`_ ~`~. ~~ ':,, 1 I _rrFl- .(- I- - J J . I~ \\~ ,. ~~_ .;`, q~ O V N N O C it ~ a .n v ,,ww z o W N ~~ Y/ a ~ N C ~ Q, ~ ~ ~ E ~ ~ ~- v m :!- `a ~ m m ~' a m (~ ~ ~ °' ~ m' ~° m (~ ~ J ~Vti 1 ---~ :i w .:.- ~ ~~ .~ `~l\ _ ~ ~ ~ ~. ~ ~~ 2~ G~P~ OQ- ~ ~ ~ ,F K p ~ ~ ~ _ ~ - ,; 1 ~ ~ ~P j~` '~ ~~ ~ ~~ \ 1 ~~ or li i ~ ~ ~ V ~~ ` ~ , J~, i \ `~ ~ I C~ o ,.,, $ ..` ''/ ~ ~~ ~ ~ r j ~ ~~ m ~ qqq ~.`J /1. - W 9 ~ '` ~~6 ~- ~'~ ~ , i ~ w ~ ~ 1 s ~~ a e3~ ~ ~ i ~ o ~ j ` = f \y; ~J~y\J Q ! 1 ~. \ ~`t V ~ Q W ~ jr U m \~ r r- m ~ r ~ ~\ . ,1 \\,l, `_ Y 11 t .. ~~z~ ~ ~ ~ i i _ ~ ~~~' ~ ~ r ~_ ~ . , - ` _~ /. f i 'O 22 .j~ \,.t~ ,, ~ ~~ ~ =mr r =3\ ~ ~ r \1 N ~ ! / - i; s, Q !~ t 5 ~ ,~ 't 3 m, f I~ ~~ T i - t~ - - / ~~ ~ ~ o ,~. r_ w ~ ~ _ ~.. a r, r _- _ _ ~, ~1 -, -- 0 ~ ~ ~~/ i r t a -, ,i Y ~ ~ _ ~ ~ i ~ -c `~--' _` ~ _ y -- ~ i ~.,`-------~-___ P b _ s , _ - ~ ~ - 40` fl ti~ ~ 1,,,,~6., __-, ' _ ' i i \ ~ ~ l~ F.~ ~ ~ ~ f ~ ~~ ~ ) ~ ~ E. ~~ ~~_ ~ `~~ ~ !` ~~ ~ 1 1 ~~ `. LEADERS IN PUBLIC FINANCE Tax Increment Financing ®istrict Overview City of Eagan Tax Increment Financing District No. 2-5 The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for Tax Increment Financing District No. 2-5. More detailed information on each of these topics can be found in the complete TIF Plan. Proposed action: Decertification of parcels from Tax Increment Financing District No. 2-4 Establishment of Tax Increment Financing District No. 2-5 ("District") and the adoption of a Tax Increment Financing Plan. ("TIF Plan") Modification to the Development Program for the Northeast Eagan Project Area No. 2 includes the establishment of the District, and the expansion of the Development District Boundaries, which represents a continuation of the goals and objectives set forth in the Development Program for Development District No. 2 and the goals and objectives of the Cedar Grove Redevelopment Project Area. Type of TIF District: A redevelopment district Parcels: 100020001026* 100020007025* 100020002025* 100020007032* 100020002026* 100020001031* 100020003025* 100020001029* 100020003026* 100020002029* 100020003032* 105332008000* 100020004025* 105332008100* 100020004026* 105332008200* 100020004032* 105332007100* 100020005025* 100020001032 100020005026* 100020002032 100020005032* 100020009025 100020006025* 103080105000 100020006032* *These parcels will be eliminated from TIF District No. 2-4. Proposed The District is being created to facilitate construction of a two phase office Development: development and future commercial development in the area. Phase I will include atwo-story office building of at least 75,000 rentable square feet, and Phase II shall include a five-story office tower of at least 130,000 rentable square feet, together with structured parking with at least 869 parking stalls in the City. See Appendi x A of the TIF Plan for a more detailed project description. TIF District Overview Inspection Results LHB completed inspections of the parcels in TIF District No. 2-S and has Summary: provided a report with the findings. To meet the coverage requirement, Minnesota Law requires that at least 70 percent of the area in the TIF District be occupied. The inspections found that 90.6 percent of the area is occupied. In addition, more than SO percent of the buildings need to be substandard, as defined in the TIF Law. The inspections found that 54.5 percent of the buildings were determined to be substandard. Maximum duration: The duration of the District will be 2S years from the date of receipt of the first increment (26 years of increment). The date of receipt of the first tax increment is expected to be 2010. It is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2035, or when the TIF Plan is satisfied. Estimated annual tax increment: Up to $955,153 Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Land Building Acquisition ............................................................$4,100,000 Site Improvements/Preparation .....................................................$1,000,000 Public Parking Facilities ................................................................$3,600,000 Interest ...........................................................................................$8,175,000 Administrative Costs (up to 10%) ................................................$2,250,000 Pooling (up to 25% less the percent taken for Admin.) ................. 3 375 000 PI20JECT COSTS TOTAL ....................................................22,500.000 See Subsection 2-10, pages 2-7 and 2-8 of the TIF Plan for the full budget authorization. Additional uses of funds are authorized which include inter- fund loans and transfers and bonded indebtedness. Form of financing: As presently proposed, the project will be financed by apay-as-you-go note and an interfund loan. However, bond proceeds is also an option that is authorized by the TIF Plan. Fiscal Disparities The City will choose to calculate fiscal disparities by clause a (Outside of the Election: District). Administrative fee: Up to 10% of annual increment, if costs are justified. Interfund Loan If the City wants to pay for administrative expenditures from a tax increment Requirement: fund, it is recommended that a resolution authorizing a loan from another fund be passed PRIOR to the issuance of the check. The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required pursuant to M.S., Sectaon 469.175, Subd. 3, are included in Exhibit A of the City resolution. Page 2 ~D~~~a~~~.,.,.~,~~ TIF District Overview MAP OF THE NORTHEAST EAGAN DEVELOPMENT DISRICT N0.2 AND TAX INCREMENT FINANCING DISTRICT N0.2-5 - _ ~ t -- _„ ', ~ 1 . Page 3 EA TIF District Overview ~° ~s ~.. ,~ ~i t? ,~ ~. ~. Page 4 %D~a~,,~,.,~~E 30-May-08 Present Value Increment Uses: Developer City Admin & Pooling State Auditor Total invren lent Existing District 1,508,294 502,765 7,266 2,018,325 New District With Fiscal Disparities From Outside the District 3, 518, 561 1,172, 854 16,950 4,708,365 Tax Impact To Community Using 2008 Payable Information With Fiscal Disparities From Outside the District: Changes Net Tax Capacity Tax Capacity Rate Taxes an: $281,208 Residence $350,000 Residence $1,000,000 C/I $ 5,000,000 C/I Increase (Decrease) (291,961) 0.00091 2.46 3.14 11.15 57.49 These changes are only for the City and do not include similar small tax impacts for other taxing jurisdictions. FREERS & ASSOCIATES INC To: Jon Hohenstein Community Development Director, City of Eagan From: Rebecca Kurtz & Sid Inman, Ehlers & Associates W Date: May 30, 2008 I Subject: But-For Analysis for TIF 2-5 The City received from the developers of the Blue Gentian Corporate Center (McGough) a request for additional Tax Increment assistance. The City has asked Ehlers & Associates to review the developer's project feasibility analysis to determine if the additional level of the assistance requested is needed to make the project financially feasible. During the original analysis for the establishment of TIF 2-4, Ehlers prepared a But For Analysis and determined that the level of assistance was reasonable based on the market conditions at that time and the financial assumptions. With the change in phasing, the developer provided to Ehlers new financial information dated January 27, 2008, on the remaining phases. This information included the building size and details regarding expenses, revenues and other pertinent operational financial information. After we reviewed this material, we met with the developer's representatives to discuss and review the information provided. Ehlers then prepared a new But For Analysis. Based on the new analysis, Ehlers has determined that while the returns to the developer would be less, the level of assistance is still reasonable. Please let me know if you have any questions or comments, or if we can be of further assistance on this matter. LEADERS IN PUBLIC FINANCE lof 306o Centre Pointe Drive Phone: 651-697-8507 Fax: 651-697-8555 Roseville, MN 55113-1105 sidQa ehlers-inc.com CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. follows: RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2; AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT N0.2-5 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Eagan, Minnesota (the "City"), as Section 1. Recitals 1.01. The Board of Commissioners of the Eagan Economic Development Authority (the "EDA") has heretofore established Northeast Eagan Development District No. 2 and adopted the Development Program therefor. It has been proposed by the EDA and the City that the City modify the Development Program for Northeast Eagan Development District No. 2 (the "Development Program Modification") and establish Tax Increment Financing District No. 2-5 (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program Modification and Plan"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.090 through 469.1082, Sections 469.125 and 469.134 and Sections 469.174 to 469.1799, .all inclusive, as amended, (the "Act") all as reflected in the Program Modification and Plan, and presented for the Council's consideration. 1.02. The EDA and City have,. investigated the facts relating to the Program Modification and Plan and have caused the Program Modification and Plan to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Program Modification and Plan, including, but not limited to, notification of Dakota County and Independent School District. No. 197 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Program Modification and Plan by the City Planning Commission, approval of the Program Modification and Plan by the EDA on May 20, 2008, and the holding of a public hearing upon published notice as required. by law. 1.04. Certain written reports (the "Reports") relating to the Program Modification and Plan and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Program Modification and Plan. The Reports include data, information and/or substantiation constituting or relating to the basis for the other fmdings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05 The City is modifying the boundaries of Northeast Eagan Development District No. 2 to include an area bounded by the following line described generally as; commencing at a point along the west line of the existing development district at the intersection of Lone Oak Rd, thence west 7,680 ft along Lone Oak Rd centerline to a point 830 ft west of Hwy 13 centerline; thence southwest 8,000 ft along railroad right-of--way to Comanche Rd right-of--way, thence southeast 350 ft along right-of--way, thence .southwest 2,500 ft along rear property lines located along Kennebec Rd. to the northwesterly point of the Cedar Grove Development District and including all of the district boundary to its northeasterly point intersecting with Hwy 13 right-of-way, thence commencing northeast 5,760 along Hwy 13 right-of--way to the intersection of Yankee Doodle Rd, thence east 4,800 ft along Yankee Doodle Rd centerline, thence south 3,340 ft south along Federal Dr. centerline, thence east 1,300 ft to Pilot Knob Rd centerline, thence north 350 along Pilot Knob Rd centerline, thence east 1,975 ft to Denmark Ave centerline, thence north 1,650 ft ,thence east 3,290 ft to Lexington Ave centerline, thence north 3,850 ft to the southern boundary of the existing district. Section 2. Findings for the Adoption and Ap,.proval of the Program Modification and Plan 2.01. The Council hereby fmds that the Program Modification and Plan, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Program Modification and Plan, which are hereby incorporated herein. Section 3. Findings, for the Establishment of Tax Increment Financing District No. 2-5 3.01. The Council hereby fmds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10 (a)(1) of the Act. 3.02. The Council further fmds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site-that could reasonably be expected to occur without the use of tax increment fmancing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Program Modification and Plan conform to the general plan for the development or redevelopment of the City as a whole; and that the Program Modification and Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further fmds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The City elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause a, which means the fiscal disparities contribution would be taken from outside the District. Section 4. Public Purpose 4.01. The adoption of the Program Modification and Plan conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. For the reasons described in Exhibit A, the City believes these benefits directly derive from the tax increment assistance provided under the TIF Plan. A private developer will receive only the assistance needed to make this development fmancially feasible. As such, any private benefits received by a developer are incidental and do not outweigh the primary public benefits. Section 5. Approval and Adoption of the Program Modification and Plan l0(P 5.01. The Program Modification and Plan, as presented to the Council on this date, including without limitation the fmdings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Assistant City Administrator. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Program Modification and Plan and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Dakota County is requested to certify the original net tax capacity of the District, as described in the Program Modification and Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the Eagan Economic Development Authority is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The Director of Administrative Services is further authorized and directed to file a copy of the Program Modification and Plan with the Commissioner of the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a. The motion for the adoption of the foregoing resolution was duly seconded by Council member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: June 3, 2008 ATTEST: Mayor (Seal) City Clerk 107 EDIT A RESOLUTION NO. The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for Tax Increment Financing District No. 2-5 (District), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1: Finding that Tax Increment Financing District No. 2-5 is a redevelopment district as defined in M.S., Section 469.174, Subd. 10(x)(1). The District consists of 27 parcels, with plans to redevelop the area for commercial purposes. At least 70 percent of the area of the parcels in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings in the District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. (See Appendix F of the TIF Plan.) 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Pdan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasanably foreseeable future: This finding is supported by the fact that the redevelopment proposed in the TIF Plan meets the City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, the limited amount of commerciaUindustrial property for expansion adjacent to the existing project, the incompatible land uses at close proximity, and the cost of financing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. In addition, due to office market conditions and the general slow down in the economy, the project has been delayed over 18 months. This has added additional carrying charges such as interest and property taxes. The developer was asked for and provided a letter and a proforma as justification that the developer would not have gone forward without tax increment assistance. (See attachment in Appendix G of the TIF Plan.) The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan: This fmding is justified on the grounds that the cost of site and public improvements and utilities add to the total redevelopment cost. Redevelopment Costs, including land acquisition and demolition costs, as well as structured parking, add to the total redevelopment expense. In addition, the changes in the market conditions have affected the development and decreased the desirability of redeveloping this site. Historically, site and public improvements costs in this area have made redevelopment infeasible without tax increment assistance. The City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. Therefore, the City concludes as follows: a. The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment financing is $0. /Og b. if the proposed development occurs, the total increase in market value will be $63,264,000 (see Appendix D and G of the TIF Plan) c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $10,214,620 (see Appendix D and G of the TIF Plan). d. Even if some development other than the proposed development were to occur, the Council fords that no alternative would occur that would produce a market value increase greater than $54,049,380 (the amount in clause b less the amount in clause c) without tax increment assistance. 3. Finding that the TIF Ptan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Northeast Eagan Development District No. 2 by private enterprise. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State and add a-high quality development to the City. ~d9 As of May 29, 2008- Draft for Public Hearing MODIFICATION TO THE DEVELOPMENT PROGRAM FOR THE NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 and the TAX INCREMENT FINANCING PLAN for the establishment of TAX INCREMENT FINANCING DISTRICT N0.2- 5 (a redevelopment district) within NORTHEAST EAGAN DEVELOPMENT DISTRICT N0.2 >,, ,, ~~ 1 ~1t~ ~~ ~~~ EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA Public Hearing: June 3, 2008 Adopted: .€ ~ Prepared by: FREERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 Ge:,aeRS i;v pua~~G riraarve~ 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com i~~ TABLE OF CONTENTS (for reference purposes only) SECTION 1-MODIFICATION TO THE DEVELOPMENT PROGRAM FOR NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 ................... 1-4 Foreword ......................................:...................... 1-4 SECTION 11-TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT N0.2- 5 ........................ 2-1 Subsection 2-1. Foreword ............................................... 2-1 Subsection 2-2. Statutory Authority ........................................ 2-1 Subsection 2-3. Statement of Objectives ................................... 2-1 Subsection 2-4. Development Program Overview ............................ 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired 2-2 Subsection 2-6. Classification of the District ................................. 2-2 Subsection 2-7. Duration of the District ..................................... 2-4 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements ........ 2-4 Subsection 2-9. Sources of Revenue/Bonded Indebtedness .................... 2-5 Subsection 2-10. Uses of Funds ........................................... 2-6 Subsection 2-11. Fiscal Disparities Election .................................. 2-7 Subsection 2-12. Business Subsidies ....................................... 2-8 Subsection 2-13. County Road Costs ....................................... 2-9 Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions ................. 2-9 Subsection 2-15. Supporting Documentation ................................ 2-11 Subsection 2-16. Definition of Tax Increment Revenues ....................... 2-12 Subsection 2-17. Modifications to the District ........................:....... 2-12 Subsection 2-18. Administrative Expenses .................................. 2-13 Subsection 2-19. Limitation of Increment ................................... 2-13 Subsection 2-20. Use of Tax Increment .................................... 2-15 Subsection 2-21. Excess Increments ...................................... 2-16 Subsection 2-22. Requirements for Agreements with the Developer .............. 2-16 Subsection 2-23. Assessment Agreements ................................. 2-16 Subsection 2-24. Administration of the District ............................... 2-18 Subsection 2-25. Annual Disclosure Requirements ........................... 2-18 Subsection 2-26. Reasonable Expectations ................................. 2-18 Subsection 2-27. Other Limitations on the Use of Tax Increment ................. 2-18 Subsection 2-28. Summary .............................................. 2-19 APPENDIX A PROJECT DESCRIPTION ................................................ A-1 APPENDIX B MAPS OF NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 AND THE DISTRICT ......................................................... B-1 APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT ............. C-1 APPENDIX D ESTIMATED CASH FLOW FOR THE DISTRICT .............................. D-1 APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM ............................... E-1 APPENDIX F REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT .................... F-1 APPENDIX G FINDINGS INCLUDING BUT/FOR QUALIFICATIONS .......................... G-1 lta SECTION 1-MODIFICATION TO THE DEVELOPMENT PROGRAM FOR NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 Foreword The following text represents a Modification to the Development Program for Northeast Eagan Development District No. 2. This modification represents a continuation of the goals and objectives set forth in the Development Program for Northeast Eagan Development District No. 2. Generally, the substantive changes include the establishment of Tax Increment Financing District No.2- 5, the expansion of the Development district and the potential use of a portion of the tax increment generated by Tax Increment Financing District No. 2-5 elsewhere in the expanded Development District. For further information, a review of the Development Program for Northeast Eagan Development District No. 2 is recommended. It is available from the Assistant City Administrator at the City of Eagan. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within Northeast Eagan Development District No. 2. Boundaries of Northeast Eagan Development District No. 2 (AS MODIFIED JUNE 3, 2008) The boundaries of Northeast Eagan Development District No. 2 will be expanded to consist of an area bounded by the following line described generally as; commencing. at a point along the west line of the existing development district at the intersection of Lone Oak Rd, thence west 7,680 ft along Lone Oak Rd centerline to a point 830 ft west of Hwy 13 centerline; thence southwest 8,000 ft along railroad right- of-way to Comanche Rd right-of--way, thence southeast 350 ft along right-of--way, thence southwest 2,500 ft along rear property lines located along Kennebec Rd. to the northwesterly point of the Cedar Grove Development District and including all of the district boundary to its northeasterly point intersecting with Hwy 13 right-of--way, thence commencing northeast 5,760 along Hwy 13 right-of-way to the intersection of Yankee Doodle Rd, thence east 4,800 ft along Yankee Doodle Rd centerline, thence south 3,340 ft south along Federal Dr. centerline, thence east 1,300 ft to Pilot Knob Rd centerline, thence north 350 along Pilot Knob Rd centerline, thence east 1,975 ft to Denmark Ave centerline, thence north 1,650 ft ,thence east 3,290 ft to Lexington Ave centerline, thence north 3,850 ft to the southern boundary of the existing district. Development Program Modifications (AS MODIFIED JUNE 3, 2008) In addition to the statements pertaining to Tax Increment Financing District No. 2-5 set forth in the attached Tax Increment Financing Plan for Tax Increment Financing District No. 2-5, the Development Program for the expanded Development District No. 2 is amended to include the statement of obj ectives of the City for Cedar Grove Redevelopment Project Area as set forth in the Redevelopment Plan and the Tax Increment Financing Plan for Tax Increment Financing District No. 1. These objectives include the public facilities to be constructed within the Cedar Grove Redevelopment Proj ect Area, the open space to be created, the environmental controls to be applied, the proposed reuse of private property and the proposed operations after the capital improvements have been completed. Eagan Economic Development Authority Modification to the Development Program for Northeast Eagan Development District No. 2 1-4 -l3 SECTION ll -TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT N0.2- 5 Subsection 2-1. Foreword The Eagan Economic Development Authority (the "EDA"), the City of Eagan (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 2- 5 (the "District"), a redevelopment tax increment financing district, located in Northeast Eagan Development District No. 2. Subsection 2-2. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the EDA and City have certain statutory powers pursuant to Minnesota Statutes ("M. S. '), Sections 469.090 to 469.1082 and Sections 469.125 to 469.134, inclusive, as amended, and M.S., Sections 469.174 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in fmancing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant information is contained in the Modification to the Development Program for Northeast Eagan Development District No. 2. Subsection 2-3. Statement of Objectives The District currently consists of 27 parcels of land and adjacent and internal rights-of--way. The District is being created to facilitate construction of a two phase office development and future commercial development in the area. Phase I will include atwo-story office building of at least 75,000 rentable square feet, and Phase II shall include afive-story office tower of at least 130,000 rentable square feet, together with structured parking in the City. Please see Appendix A for further project information. Contracts for this have not been entered into at the time of preparation of this TIF Plan, but development is likely to occur in 2008. This TIF Plan is expected to achieve many of the objectives outlined in the Development Program for Northeast Eagan Development District No. 2. The activities contemplated in the Modification to the Development Program and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Northeast Eagan Development District No. 2 and the District. Subsection 2-4. Development Program Overview 1. Property to be Acquired -Selected property located within the District maybe acquired by the EDA or City and is further described in this TIF Plan. 2. Relocation -Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the, project and completion of the necessary legal requirements, the EDA or City may sell to a developer selected properties that it may acquire within the District or may lease land or facilities to a developer. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-1 i~4 4. The EDA or City may perform or provide for some or all necessary acquisition, construction, relocation, demolition, and required utilities and public street work within the District. Subsection 2-5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of--way and abutting roadways identified by the parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information on the location of the District. The City is decertifying 23 of the parcels from TIF District No. 2-4 to be included in TIF District No. 2-5. Subsection 2-6. Classification of the District The EDA and City, in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a redevelopment district pursuant to M.S., Section 469.174, Subd. 10(a)(1) as defined below: (a) "Redevelopment district"means a type of tax incrementfinancing district consisting of a project, or portions of a project, within which the authority finds by resolution that one or more of the following conditions, reasonably distributed throughout the district, exists: (1) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 per•cerrt of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; (2) The property consists of vacant, unused, underused, inappropriately used, or infrequently used rail yards, rail storage facilities or excessive or vacated railroad rights-of--way; (3) tankfacilities, orproperty whose irnmediatelyprevious use was for tankfacilities, as defined in Section 11 SC, Subd. 1 S, if the tank facility: (i) have or had a capacity of more than one million gallons; (ii) are located adjacent to rail facilities; or (iii) have been reproved, or are unused, underused, inappropriately used or infrequently used; or (4) a qual~ing disaster area, as defined in Subd. lOb. (b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in structural elements or a combination of deficiencies in essential utilities andfacilities, light and ventilation, fireprotection including adequate egress, layoutand condition ofinter°iorpartitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. (c) A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than I S percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substarr~dard under the preceding sentence on the basis of reasonably available evidence, such as the size, .Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-2 ins type, and age of the building, the average cost of plumbing, electrical, or structural repairs or other similar reliable evidence. The municipality may not make such a determination without an interior inspection of the property, but need not have an independent, expert appraisal prepared of the cost of repair and rehabilitation of the building. An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard. (d) A parcel is deemed to be occupied by astructurally substandard building for purposes of the finding under paragraph (a) if all of the following conditions are rnet: (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district with the county auditor; (2) the substandard building was demolished or removed by the authority or the demolition or removal was financed by the authority or was done by a developer under a developrrtent agreement with the authority; (3) the authority found by resolution before the demolition or removal that the parcel was occupied by a structurally substandard building and that after demolition and clearance the authority intended to include the parcel within a district; and (4) upon filing the request for certification of the tax capacity of the parcel as part of a district, the authority notifies the county auditor that the original tax capacity of the parcel must be adjusted as provided by ~' 469.177, subdivision 1, paragraph (~. (e) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 1 S percent of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar str°uctures. (~ For districts consisting of two or more noncontiguous areas, each area must qualify as a redevelopment district underparagraph (a) to be included in the district, and the entire area of the district must satisfy paragraph (a). In meeting the statutory criteria the EDA and City rely on the following facts and findings: • The District is a redevelopment district consisting of 27 parcels. • An inventory shows that parcels consisting of more than 70 percent of the area in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures. • An inspection of the buildings located within the District fmds that more than 50 percent of the buildings are structurally substandard as defined in the TIF Act. (See Appendix F). Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions ofM.S., Sections 273.111 or 273.112 or Clrapter• 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-3 I I~ Subsection 2-7. Duration of the District Pursuant to M.S., Section 469.175, Subd. 1, anti Section 469.176, Subd. 1, the duration of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1 b, the duration of the District will be 25 years after receipt of the first increment by the EDA or City (a total of 26 years of tax increment). The date of receipt by the City of the first tax increment is expected to be 2010. Thus, it is estimated that the District, including any modifications ofthe TIF Plan for subsequent phases or other changes, would terminate after 2035, or when the TIF Plan is satisfied. If increment is received in 2009, the term of the District will be 2034. The EDA or City reserves the right to decertify the District prior to the legally required date. Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax~Capacity Value/Increment and Notification of Prior Planned Improvements Pursuant to M.S., Section 469.174, Subd. 7 and M. S., Section 469.177, Subd. 1, the Original Net Tax Capacity (ONTC) as certified for the District will be based on the market values placed on the property by the assessor in 2007 for taxes payable 2008. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning in the payment year 2009) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTO, no value will be captured and no tax increment will be payable to the EDA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2008, assuming the request for certification is made before June 30, 2008. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within Northeast Eagan Development District No. 2, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The EDA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures, beginning in the tax year payable 2008. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-4 l1~ Project Estimated Tax Capacity upon Completion (PTC) $1,538,250 Original Estimated Net Tax Capacity (ONTO) $261,837 Fiscal Disparities Reduction $0 Estimated Captured Tax Capacity (CTC) $1,276,413 Original Local Tax Rate 0.74831 Pay 2008 Estimated Annual Tax Increment (CTC x Local Tax Rate) $955,153 Percent Retained by the EDA 100% Pursuant to M.S, Section 469.177, Subd. 4, the EDA shall, after a due and diligent search, accompany its request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (l8) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued. The City has reviewed the area to be included in the District and determined that no building permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the City. Subsection 2-9. Sources of Revenue/Bonded Indebtedness Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The EDA or City reserves the right to use other sources of revenue legally ap- plicable to the EDA or City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, and other contributions from the developer and investment income, to pay for the estimated public costs. The EDA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. As presently proposed, the project will be financed by apay-as-you-go note and an interfund loan. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment fmancing will not exceed $22,500,000 without a modification to the TIF Plan pursuant to applicable statutory requirements. It is estimated that $14,325,000 inbonded indebtedness will be financed with tax increment revenues. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision does not obligate the EDA or City to incur debt. The EDA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The EDA or City may also finance the activities to be undertaken pursuant to the TIF Plan through loans from funds of the EDA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a developer. The estimated sources of funds for the District are contained in the table on the following page. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-5 11H SOURCES OF FUNDS TOTAL Tax Increment $22,500,000 PROJECT REVENUES $22,500,000 Interfund Loans TIF Note Principal $6,525,000 $7,800,000 The. other financing sources listed above are included for purposes of OSA reporting for the TIF District. They are not intended to be cumulative. Transfers are included in case money is moved from one fund to another before an expenditure. Subsection 2-10. lJses of Funds Currently under consideration for the District is a proposal to facilitate of a two phase office development. Phase I will include atwo-story office building of at least 75,000 rentable square feet, and Phase II shall include afive-story office tower of at least 130,000 rentable square feet, together with structured parking. The EDA and City have determined that it will be necessary to provide assistance to the project for certain costs. The EDA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the table below. USES OF FUNDS TOTAL Land/Building Acquisition $4,100,000 . Site Improvements/Preparation. $1,000,000 Public Parking Facilities $3,600,000 Interest $8,175,000 Administrative Costs (up to 10%) $2,250,000 Pooling for Land/Building Acquisition $3,375,000 (up to 25% less the percent taken for Admin.) PROJECT COSTS TOTAL $22,500,000 Interfund Loans $6,525,000 TIF Note Principal $7,800,000 The other financing uses listed above are included for purposes of OSA reporting for the TIF District. They are not intended to be cumulative. Transfers are included in case money is moved from one fund to another before an expenditure. TIF is expected to be used for the project costs listed above, which is anot-to-exceed budget rather than an expected budget of costs. Pursuant to M.S., Section 469.175, Subd. 1 (S), it is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $22,500,000. For purposes of OSA reporting forms, it is estimated that the cost of improvements, including financing which Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-6 ~9 will be paid for with tax increment will equal $36,825,000 as is presented in the previous budget. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan., The cost of all activities to be considered for tax increment fmancing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to M. S., Section 469.1763, Subd. 2, no more than 25 percent of the tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of Northeast Eagan Development District No. 2, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as described in this TIF Plan. Subsection 2-11. Fiscal Disparities Election Pursuant to 117 S., Section 469.177, Subd. 3, the City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to M. S, Section 469.177, Subd. 3, clause a, (outside the District) are followed, the following method of computation shall apply: (1) The original net tax capacity artd the current net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 276A or 473F. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment deter»tination. Where the original net tax capacity is less than the current rtet tax capacity, the difference between the original net tax capacity artd the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in deterrninirtg local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The EDA or City shall submit to the County Auditor at the time of the request for certification which method of computation of fiscal disparities the City elected. The EDA will choose to calculate fiscal disparities by clause a. According to M.S., Section 469.177, Subd. 3: (c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation in paragraph (a) to the method in paragraph (b). Subsection 2-12. Business Subsidies Pursuant to M.S., Section 116J.993, Subd. 3, the following forms of financial assistance are not considered a business subsidy: Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-7 IaD (1) A business subsidy of less than $25,000; (2) Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3) Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; (4) Redevelopment property polluted by contaminants as defined in M. S., Section 116J. 552, Subd. 3; (5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; (6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7) Assistance for housing; (8) Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23; (9) Assistance for energy conservation; (10) Tax reductions resulting from conformity with federal tax law; (11) Workers' compensation and unemployment compensation; (12) Benefits derived from regulation; (13) Indirect benefits derived from assistance to educational institutions; (14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; (15) Assistance for a collaboration between a Minnesota higher education institution and a business; (16) Assistance for a tax increment financing soils condition district as defined under M.S., Section 469.174, Subd. 19; (17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) General changes in tax increment financing law and other general tax law changes of a principally technical nature. (19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) Funds from dock and wharf bonds issued by a seaway port authority; (21) Business loans and loan guarantees of $75,000 or less; and (22) Federal loan funds provided through the United States Department of Commerce, Economic Development Administration. The EDA will comply with M.S., Sections 116J.993 to 116J.995 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. Subsection 2-13. County Road Costs Pursuant to M. S., Section 469.175, Subd. 1 a, the county board may require the EDA or City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgment of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the EDA or City within forty- five days of receipt of this TIF Plan. In the opinion of the EDA and City and consultants, the proposed Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-8 ~a1 development outlined in this TIF Plan will have little or no impact upon county roads. The EDA and City are aware that the county could claim that tax increment shouldbe used for county roads, even after the public hearing. Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the EDA and City have determined that such development or redevelopment would not occur "but for" tax increment fmancing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: IMPACT ON TAX BASE 2007/Pay 2008 Estimated Captured Total Net Tax Capacity (CTC) Percent of CTC Tax Capacity, Unon Completion to Enti , Total Dakota County 436,971,111 1,276,413 0.2921% City of Eagan 83,090,249 1,276,413 1.5362% West St. Paul -Mendota 61,697,346 1,276,413 2.0688% Heights -Eagan ISD No. 197 IMPACT ON TAX RATES Pay 2008 Percent Potential Extension Rates of Total CTC Taxes Dakota County 0.251840 33.65% 1,276,413 321,452 City of Eagan 0.258920 34.60% 1,276,413 330,489 West St. Paul -Mendota 0.1891'40 25.28% 1,276,413 241,421 Heights -Eagan ISD No. 197 Other 0.048410 6.47% 1,276,413 61,791 Total 0.748310 100.00% 955,153 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate used for calculations is the actual Pay 2008 rate. The total net capacity for the entities listed above are based on actual Pay 2008 figures. The District will be certified under the actual Pay 2008 rates. Pursuant to t1~LS. Section 469.175 Subd. 2(b): (1) Estimate of total tax increment. It is estimated that the total. amount of tax increment that will be generated over the life of the District is $22,500,000. (2) Probable impact of the District on cit~nrovided services and ability to issue debt. A minimal impact of the District on police protection is expected due to the establishment of the District. Many of the occupiedproperties are vacant and in disarray and blighted, as documented in the repolt Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-9 by LHB, which creates the potential for them to become targets ofvandalism, burglary, or other types of property crimes. The new development will not necessitate new capital investment in vehicles or facilities. The police currently separates calls for service into the following categories: Commercial, Industrial, Bank, Hotels/Motels, Residential (single family), Residential (multi-family, resident owned), Residential (apartments, rentals), Public (streets, parks, etc.), and lakes. It is unknown how many additional calls may be generated by the new development; however, a significant increase is not expected. There may be minimal new calls for service with the increased traffic in the area. The City believes it is important to track the calls and differentiate impacts by property type for the purpose of forecasting crime trends and resulting strategies. The proposed development will create very little impact on the fire department. Typically new buildings generate few calls, if any, and are of superior construction. The existing buildings, which will be eliminated by the new development, have public safety concerns that include several unprotected old buildings with issues such asnon-sprinkled buildings, the types of construction and current uses of the properties. The new development will not necessitate new capital investment in vehicles or facilities. The fire department currently separates calls for service into residential and commercial/retail. It is unknown how many additional calls may be generated by the new development; however, a significant increase is not expected. Inspections would increase, and there may be minimal new calls due to false alarms. The City believes it is important to track the calls and differentiate impacts by properly type for the purpose of forecasting crime trends and resulting strategies. The impact of the District on public infrastructure is expected to be minimal. The operating costs related to this proposed development will be minimal and will have little impact on the City's overall operations. The SAC fee will be paid by the developer, as is the case with all development. All associated costs will be assessed to the benefitting property, as they are for all development in Eagan. The probable impact of borrowing costs is expected to be minimal. It is not anticipated that there will be any general obligation debt issued in relation to this project, therefore there will be no impact on the City's ability to issue future debt or on the City's debt limit. (3) Estimated amount of tax increment attributable to school district levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to school district levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions remained the same is $6,276,946; (4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of tax increments over the life of the District that would be attributable to county levies, assuming the county's share of the total local tax rate for all taxing jurisdictions remained the same is $8,357,752; (5) Additional information requested by the county or school district. The City is not aware of any standard questions in a county or school district written policy regarding tax increment districts and impact on county or school district services. The county or school district must request additional information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax increment financing plan. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-10 la3 No requests for additional information from the county or school district regarding the proposed development for the District have been received. , Subsection 2-15. Supporting Documentation Pursuant to M.S. Section 469.175, Subd. 1, clause 7 the TIF Plan must contain identification and description of studies and analyses used to make the determination set forth in M. S. Section 469.175, Subd. 3, clause (b)(2) and the fmdings are required in the resolution approving the District. Following is a list ofreports and studies on file at the City that support the EDA and City's findings: • Business Assistance Application from the Developer • Proforma and cashflow information submitted by the Developer. • Inspection Report Subsection 2-16. Definition of Tax Increment Revenues Pursuant to M. S, Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: 1. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M.S., Section 469.177; 2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was purchased by the Authority with tax increments; 3. Principal and interest received on loans or other advances made by the Authority with tax increments; 4. Interest or other investment earnings on or from tax increments; 5. Repayments or return of tax increments made to the Authority under agreements for districts for which the request for certification was made after August 1, 1993; and 6. Tlie market value homestead credit paid to the Authority under M.S., Section 273.1384. Subsection 2-17. Modifications to the District In accordance with M.S., Section 469.175, Subd. 4, any: 1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the requirements ofM.S., Section 469.175, Subd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that determination was not a part of the original TIF Plan; 4. Increase in the portion of the captured net tax capacity to be retained by the EDA or City; 5. Increase in the estimate of the cost of the project, including administrative expenses, that will be paid or fmanced with tax increment from the District; or 6. Designation of additional property to be acquired by the EDA or City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIF Plan. Pursuant to M.S. Section 469.175 Subd. 4(f), the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria ofM.S, Section 469.174, Subd. 10, paragraph (a), clauses (1) to Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- S 2-11 la~- (5), must be documented in writing and retained. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcel(s) from the District and (2) (A) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the EDA agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The EDA or City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan. Subsection 2-18. Administrative Expenses In accordance withM.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the EDA or City, other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. Amounts used to pay principal or interest on; fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other fmancial obligations to the extent those obligations were used to finance costs described in clauses (1) to (3). For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section 469.176, Szzbd. 3, tax increment maybe used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. . Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of fmancial reporting of tax increment fmancing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Pursuant to M.S., Section 469. 177, Subd. 2, the EDA or City is allowed to spend up to 25 percent of the total revenue derived from tax increments paid by properties in the district on activities outside of the district but within the defined geographic area of the project. The City may intends to spend up to 25 percent of the total revenue derived from tax increments paid by properties in the district, less the administration, on activities Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-12 lam outside of the TIF District. It is anticipated that at least a portion of this revenue will be spent on redevelopment activities in the Cedar Grove TIF District. Subsection 2-19. Limitation of Increment The tax increment pledged to the payment of bonds and interest thereon maybe discharged and the District may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to M.S., Section 469.176, Subd. 6: if, after four years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to M.S., Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tux increment financing district by the authority or by the owner of tlreparcel in accordance with the tax incrementfzraaracingplan, no additional tax increment may be taken fr°orn that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced an'd the county auditor shall cert~ the net tax capacity thereofas most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel ira the district. The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which theparcel was certified as included in the district. Forpurposes of this subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street. The EDA or City or a property owner must improve parcels within the District by approximately June 2012 and report such actions to the County Auditor. Subsection 2-20. Use of Tax Increment The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance a project; 2. to fmance, or otherwise pay the cost of redevelopment of the Northeast Eagan Development District No. 2 pursuant to M.S., Sections 469.090 to 469.1082 and Sections 469.125 to 469-.134; 3. To pay for project costs as identified in the budget set forth in the TIF Plan; 4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4; 5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the EDA or City or for the benefit of Northeast Eagan Development District No. 2 by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C. M.S, Sections 469.1 S2 through 469.165, and/or M.S., Sections 469.178; and Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-13 1d~ 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165, and/or M.S, Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M. S, Section 469.176, Subd. 4. Tax increments generated in the District will be paid by Dakota County to the EDA for the Tax Increment Fund of said District. The EDA or City will pay to the developer(s) annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used for EDA or City administration (up to 10 percent) and the costs of public improvement activities outside the District. Subsection 2-21. Excess Increments Excess increments, as defined in M.S, Section 469.176, Subd. 2, shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. The EDA or City must spend or return the excess increments under paragraph (c) within nine months after the end of the year. In addition, the EDA or City may, subject to the limitations set forth herein, choose to modify the TIF Plan in order to fmance additional public costs in Northeast Eagan Development District No. 2 or the District. Subsection 2-22. Requirements for Agreements with the Developer The EDA or City will review any proposal for private development to determine its conformance with the Development Program and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the EDA or City to demonstrate the conformance of the development with City plans and ordinances. The EDA or City may also use the Agreements to address other issues related to the development. Pursuant to M.S., Section 469.176, Subd. S, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the TIF Plan shall at any time be owned by the EDA or City as a result of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 25 percent of the acreage, the EDA or City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the EDA or City should the development or redevelopment not be completed. Subsection 2-23. Assessment Agreements Pursuant to M.S., Section 469.177, Subd. 8, the EDA or City may enter into a written assessment agreement Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-14 ~~~ in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the minimum market value agreement. Subsection 2-24. Administration of the District Administration of the District will be handled by the Assistant City Administrator. Subsection 2-25. Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subds. S, 6, and 6b the EDA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board and County Auditor on or before August 1 of each year. M.S., Section 469.175, Subd. S also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by M.S., Section 469.175 Subd. S and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2-26. Reasonable Expectations As required by the TIF Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value ofthe site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon EDA and City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 2-27. Other Limitations on the Use of Tax Increment General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the Northeast Eagan Development District No. 2 pursuant to M.S., Sections 469.090 to 469.1082 and 469.125 to 469.134. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-15 ~~ Pooling Limitations. At least 75 percent of tax increments from the District must be expended on activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended, through a development fund or otherwise, on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they were solely for activities outside of the District. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule set forth in M.S., Section 469.1763, Subcl. 3, has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. S. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used. to finance the cost of correcting conditions that allow designation ofredevelopmentand renewal and renovation districts under M.S., Section 469.176 Subd. 4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacentparcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the EDA or City, including the cost of preparation of the development action response plan, maybe included in the qualifying costs. Subsection 2-28. Summary The Eagan Economic Development Authority is establishing the District to preserve and enhance the tax base, redevelop substandard areas, andprovide employment opportunities in the City. The TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Eagan Economic Development Authority Tax Increment Financing Plan for Tax Increment Financing District No. 2- 5 2-16 1..1~ APPENDIX A PROJECT DESCRIPTION Tax Increment Financing District No. 2-5 is being established to facilitate redevelopment of blighted properties in the City of Eagan. The City is working with developers to redevelop a portion of the TIF District and anticipates additional redevelopment to occur in future years. The IvlcGough project consists of a two phase office development. Phase I is approximately 75,000 rentable SF of office development, which is scheduled to commence construction in 2008. Phase II will include a 5 story office with approximately 130,000 rentable SF and structured parking, which is expected to commence construction in 2009. In future years, the City anticipates additional commercial redevelopment on the parcels south of Highway 55. The City anticipates issuing Pay-as-you-go Notes to the developer. APPENDIX A-1 c.~v APPENDIX B MAPS OF NORTHEAST EAGAN DEVELOPMENT DISTRICT NO. 2 AND THE DISTRICT APPENDIX B-1 ~~i 1-„- -,__ Y _W _-~ ( ~~ m N / ~ N ~ / ~ ~ ~ ~ ( ~ j~ y ~ ` ` . i N ~ ~ m v ~ V! • a ~ ~ ~ N~y IL ~I N N ~ O Z ~ Z O ++ U ~ O i r + N d ~ C (n ^ ~ ~ d _ ~ ~ O m ~ °~ 00 c o ~n . ' w ~ ' ~ v ~ o ~ 0 ~ o ~ Q~ ~ Q~ 'O - C ~'~ '~ v ~ ~ ~ ~ ?' ~ ~ ~ J _ i .~~ o u> N .~ N LL. H `% ,, 80NN ~L ~: l3~ b w ,~ 118 N v ~L N 'a AH ii L a ~ a °a e o - a °' ~ m Z' ° w ~ N c o ~ o J ~ E m ~ J ~ d. N ~ ~ C LL ~ N .~. 9 N = H Q a ~ m ~ d °' ~ 33 N a APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT The District encompasses all property and adjacent rights-of--way and abutting roadways identified by the parcels listed below. Parcel Numbers Address Owner 100020001026* 1020 Blue Gentian Circle Eagan EDA 100020002025* 1023 Blue Gentian Circle JCFH LLC 100020002026 * JCFH LLC 100020003025 * 1015 Blue Gentian Circle JCFH LLC 100020003026 * 1000 Blue Gentian Circle JCFH LLC 100020003032* Eagan EDA 100020004025 * 1011 Blue Gentian Circle JCFH LLC 100020004026 * 990 Blue Gentian Circle Eagan EDA 100020004032 * 1027 Blue Gentian Circle MG Eagan LLC 100020005025 * 1003 Blue Gentian Circle JCFH LLC 100020005026 * 988 Blue Gentian Circle JCFH LLC 100020005032* Eagan EDA 100020006025* 999 Blue Gentian Circle JCFH LLC 100020006032 * 1030 Blue Gentian Circle Eagan EDA 100020007025* JCFH LLC 100020007032 * State of MN 100020001031 * 2725 Highway 55 Chase Real Estates Holdings LLC 100020001029 * 2745 Highway 55 Niranjan Bhakta 100020002029 * Atlas of Minnesota, Inc 105332008000 * 2755 Highway 55 Atlas of Minnesota, Inc 105332008100 * 2767 Highway 55 Atlas of Minnesota, Inc 105332008200 * 2785 Highway 55 Cheney Eagan Building LLC 105332007100 * 2795 Highway 55 Cheney Eagan Building LLC 100020001032 State of Minnesota APPENDIX G1 i3y Parcel Numbers Address Owner 100020002032 State of MN 100020009025 City of Eagan 103080105000 Outlot E, Grand Oak Two Shenehon Company *These parcels will be eliminated from TIF District No. 2-4. APPENDIX C-2 ~ 3s°' APPENDIX D ESTIMATED CASH FLOW FOR THE DISTRICT APPENDIX D-1 i~ m a N C O a E N N Q d J W N l0 LO °o N O ~U a ~r K ~r OJ D] W W O O O O O O O O N N N N ~. >. T >. lV l0 l0 (0 aaaa e o 0 0 0 o c o o a a o 0 0 ooor o oooa'n ~n ono O m O ~ O O N r N O N O OMO OMO O ~ O .- tV (V ~- O .- ~ '- .- ~ ~ ~ ~ r r V O N d ^ X . X .O-. l0 ~-. w0 ..-. 0 o W a m ~"' C N o v ~ U ~ ~ ~ N U~ m fn ~ ^'o Q ~ a d p T~ c J H C dQ' 2 « N~~ v U m V..-.m=~. p U a?m~ca; . _, N~ O f0-_ w Z N C N O N Z R~ 0 ` 0 R ' V w ~ O\ N m~ E7 o O 0 0 'O ~ ~U (A .^• W E `v°~i°n m:? a1° m°o°o ~ O m niU ~ Xa<n inU~ y,oU~~. `~ O d ~ (0 ~. f0 ' ~ a i J W f0 N y p 'N .R. E .p ~0. 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N. N, N. N. N. v v ~ v N. N N. N N N N v .N. ~ ~ v ~ v N N N N 41 o O o 0 o O O o O O O o 0 0 o O O o O o O o o O O ~ N 4) 4l 4) 4) LL7 4) 4) N ~ 4) 4) N 4) 4) N 41 4) 4l 4) il) 4l 4l 4) 4l N h N N N N N N N N N N N N N N N N N N N N N N N O O w M ~ M M M M M cmn cW7 cW7 cWn M m M m m m m vWi m m m m r N rn r r r r r r ~ r ~- r r r r r .- ~ r r r r r r r 0 o e o 0 0 0 0 0 0 o e o a o 0 o e o 0 0 o e o 0 o e o °o °o °o °o °o °o °o °o °o °o °o °o °o °o °o °o °o °o °o °o °o °o °o °o o° °o °o °o r r ~ r r r .- r r ~ r r r r r r r r r .- r r r ~ r r .- r {¢b d a F- 5 U H ~_ Z O E W w M w APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM (MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT) A Minnesota Business Assistance Form (MBAF) should be used to report and/or update each calendar year's activity by April 1 of the following year. Please see the Minnesota Department of Employment and Economic Development (DEED) website at http://www.deed.state.mn.us/Community/subsidies/NIBAFForm.htm for information and forms. APPENDIX E-1 14I APPENDIX F REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT APPENDIX F-1 /~ .N _^ Q ~_ '"' 3~ W ~W ~~ _° W ~ a ~ ~ Q ~_ ~ ~. N W Z Q a LIJ e _9E~ .- X n - 9 y a te- Y ) Y Y Y > Y > Y Y T Y 6 ~ < ~ u Y • Y iy a 'o ~ .. ~ a _ E - __ - a c 'v s' ` - o c o T _ _. 2 0 ~ „ ___- C ~. v a 0 ~ $ v _ _ _ 'o E. a c a S'E~ a o C 'o - ? $ z '~ 'i$ r'7 ~ ~ L c es z- ~ v a ~ 3 va _ a x e x d a o ~ ~ x ~ m ~ e e < x e e h o x o e ~ ~ ~ o m o a y E ~ A~ 0 mYy ~ e - ~ - - - ~ ° c E ` ~ - a u a ~~' o ~ m m g = ~~ ~ ~ m m 'm , ~ '~ n ~ ~ ~ - , ~ a S m N i u ~ ~ - t 5 ~ ~ 4 ~ W W 5 5 ~ S ~ S ~ 5 L 5 L4 ~ S u'i ~ '~ - ~ _ _ s` s` $" 9 9 ~ : ~ ~ ~ 9 ~ 6 3 'e S ' ~ ' e ~ ~ ~ e ~ ~ m e ,6 e S ~ e e _ = _ 'e _ r _ ~ ~ m ~ m e _ e 'e _ ~ a % _ 3 _ m ~ ~ ~ u 3 E zc ac F a ~ - - U ~ ~ ~' ~' ~ ~ g m c Q° t3 t7 U 0 0 g m m > u l7 0 U f7 f7 c _ _ i _ _ r - d (7 O 3 - a - ~ - ~ a t3 3 O o ~ tS a' a' ~ a () - - ~ t1 n _ _ _ ~ _ _ _ _ V U U - p a _ g g g " o ~ - h ~ ~ m W m N e o ~ z ~ w w c ~ ~ m m m ~ a ~ ~ ~ ~ ~ j ~ m f w a o ~ s - ~ ~ $ ~ ~ ~ .~, 4 o w i o o w 0 w 0 w 0 w o ~ w S ~ u _ o mi a ~ ~ i ~ i U U = = U H ~ F r < U ~ S-[ z z ~ rc w o d T ug ~ N < p ¢ y ~ °p = L ~ z f ~ ~ o c _ o -o ~ ` a ~ < - o r d d 6 ~ ~ d 6 ~ d d ~ b d b 8 b d ~ d ~ a d 8 ~ 4 r 4 LL ~ ~ ~ ~ ~ ~ ggq ~ p p a o $ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 4 ~ _ ~ $ ~ ~ ~ ~ ~ RR d p d ~ ~ ~ ~ ~ ~ ~ ~ ~ o o ~ ~ ~ Q d ~ ~ ~ a d ~ d d ~ F < < J 9 0 0 ~ F- S V APPENDIX G FINDINGS INCLUDING BUT/FOR QUALIFICATIONS The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF Plan) for Tax Increment Financing District No. 2-5 (District), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 2-S is a redevelopment district as defined ~irt M.S., Section 469.174, Subd. 10(a)(1). The District consists of 27 parcels, with plans to redevelop the area for commercial purposes. At least 70 percent of the area of the parcels in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings in the District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. (See Appendix F of the TIF Plan.) 2. Finding that the proposed development, in the-opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonablyforeseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the rnaxirnum duration of the District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private irtvestmentwithin the reasonablyforeseeablefuture: This finding is supportedby the fact that the redevelopment proposed in the TIF Plan meets the City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, the limited amount of commerciaUindustrial property for expansion adjacent to the existing project, the incompatible land uses at close proximity, and the cost of financing the proposed improvements, this proj ect is feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a letter and a proforma as justification that the developer would not have gone forward without tax increment assistance. (See attachment in Appendix G of the TIF Plan.) The increased market value of the site that could reasonably be expected to occur without the use of tax irtcrementfinancingwould be less than the increase in marketvalue estimated to resultfi•ont theproposed development after subtracting the present value of theprojected tax increm eats for the rnaxinaum duration of the Districtpermitted by the TIFPIan: This fuiding is justified on the grounds that the cost of site and public improvements and utilities add to the total redevelopment cost. Redevelopment Costs, including land acquisition and demolition costs, as well as structured parking, add to the total redevelopment expense. In addition, the changes in the market conditions have affected the development and decreased the desirability of redeveloping this site. Historically, site and public improvements costs in this area have made redevelopment infeasible without tax increment assistance. The City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. APPENDIX G-t I~~ Therefore,- the City concludes as follows: 3. 4. a. The City's estimate of the amount by which the market value of the entire District will increase without the use of tax increment financing is $0. b. If the proposed development occurs, the total increase in market value will be $63,264,000 (see Appendix D and G of the TIF Plan) c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $10,214,620 (see Appendix D and G of the TIF Plan). d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $54,049,380 (the amount in clause b less the amount in clause c) without tax increment assistance. But-For Analysis Current Market Value $13,836,000 New Market Value -Estimate $77,100,000 Difference $63,264,000 Present Value of Tax Increment $10,214,620 Difference $53,049,380 Value Likely to Occur Without TIF is Less Than: $53,049,380 Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. Finding that the TIFPIan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment ofNortheastEagan Development District No. 2 by private enterprise. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State and add a high quality development to the City. APPENDIX G-2 /`~,5 IRET May 28, 2008 INVESTORS REAL ESTATE TRDST a real estate investment trust IRET PROPERTIES a north dakota limited partnership Honorable Mayor Maguire and Eagan City Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: NE Redevelopment TIF District Z-5 /IRET Properties Dear Mayor Maguire and Eagan Council Members; On March 31, 2008, IRET Properties purchased two office/warehouse properties, commonly known as 2785 & 2795 Highway 55. On the attached map, these two properties are identified as parcels 22 and 23 and are both located within the Prospective TIF District 2-5. On behalf. of IRET Properties, I am writing to confirm our desire and interest in working with the City of Eagan to redevelop our properties as part of the proposed NE Redevelopment TIF District. I have recently met with Mike Ridley and Jon Hohenstein and expect to continue our dialogue in the ensuing months. If you have any questions or need additional information, please feel free to contact me. Sincerely, ~~~ Scott G, Smith Commercial Asset Manager 952-401-4828 cc: Jon Hohenstein 14~e 10050 Crosstown Circle, Suite 105 • Eden Prairie, MN 55344 Phone 952.401.6600 • Fax 952.401.7058 Email: infoC~iret.com • www.iret.com • Nasdaq Symbol: IRETS C O U PI T Y May 28, 2008 Mr, Jan Hohenstein, Director of Community Development Treasurer-Auditor City of Eagan Dakota county 3830 Pilot ~t1ob Road Administration Center Eagan, MN 55122-1897 SY I+AX A1~1)D i2EGC7Y,AR MAIL 1590 Highway 55 651-675-5694 Hastings, MN 55033 12E: Transportation Costs for Proposed TIF 2-5 651.438.4576 Fax 651.436.4399 Treas~Aud Dear Mr. Hohenstein, Fax 651.436.8329 Cash Mgmt Fax 651.438.4391 Elections Thank you for providing a copy of the proposed TIF plan for TIF District 2-5 for www.dakotacountyus consideration of its impact to the county transportation system. The Transportation Department has reviewed the plan and determined that the development traffic will have an impact on County R.d 43 and THS 5. Furthermore, in 2002, the Dakota County Board of Commissioners elected to use tax increment to finance road improvements to County Rd 43 and THSS in TIF District 2-4 in the amlounf of $385,000. Since TIF District 2,5 would modify the boundaries of Trl? District 2-4, moving parcels to TTF 2-5, and the same parcels with the same use will cause the same impact on county roads, the same improvements are necessary to the transportation system. Although improvements have been Ynade to the intersection of County IZd 43 and TH55, Dakota County has not received tax increment. l:~nclosed is County Board Resolution No. 08-269, dated May 20, 2008 requiring tax increment revenue to $385,000 be used to finance the County's 55% shaxe of the estimated $700,000 in road improvement costs deterru.ined in 2002. The improvements must be included in the TIF Plan. The improvements are to be constructed and paid far at such time as required as a result of intersection revisions related to the TIF improvements and no later the 2036. Please contact me at 651-438-4370 if you have any.questions about this request. S~c~rely, 'i' J " `-' `'~' Amy` oethe, Property Taxation & Ii.ecords Manager Enclosure Ce: J~oe113eckman, Property Taxation Sir Records Director ;"~- ~~ / FImM on rcU~eC 0~~ wnh 30% CcaPCa+s~er w,in•. ^NE°"'~Q`°°0.=,~.Z ' d OL£~' ~N h1NN4~ dlO~b'0 lNdtiZ ~ Z 8002 ' 8~' ~~NI Page 1 of 2 BOARD o~ COUNTY coMMlSSlt3N~1~S I~AK4TA COUNTY, 6VIlNN~SOTA May 20, 2008 Motion by Commissioner Turner Resolution No: 08-269 Second by Commissioner i3ranning Revisor Qf Proposed Tax Increment Financing (TIF) Ptan For The Estabtishment~Of TlF i~istrict Ito. 2-5 1n The City Qf Eagan WHEREAS, the City of Eagan has submitted a Tax lncremertt Financing (TiF) Plan for Eagan TIF District No. 2-5 to Dakota County for review; and WHEREAS, the pakota County Property Taxation & Records rocetved the~7lF Plan for Eagan TIF District No, ?_5 on Aprli 18, 2008, and a subsequent modified 71F' Plan on May 2, 2008; and WHEREAS, the City of Eagan established a public hearing date of June 3, 2008; and WHEREAS, on January 8, 2402 (Resolution No. 42-2R), the Dakota County Board of Commissioners elected to use tax Increment to finance certain road improvements in TIF District No. 2-4 !n the Gity of Eagan, in the amount of $385,004; and WHEREAS, proposed T1F District No. 2-51n the Gity of Eagan would modify the boundaries of TIF District 2-4 to remove 23 parcels formerly included fn TIF Disfrict 2-4 and to potantl~lly add four now parcels not previously included within TIF District 2-4; and WHEREAS, because the parcels from TIF District No. 2-4 in the City of Eagan are being removed from TIF Dlstrtct No. 2-4 in The Clty of Eagan and used to create TIF pistrict No. 2-5 in ttie City of Eagan; and WHEREAS, the same parcels with the same use will cause the same impact on County Roads, and WHEREAS, the improvements to County Road 43 and TH55 have been completed but the improvements for the railroad crossing of County Load 43 hsve not been made; and WHEREAS, Minn. Stet. § 469.175, subd.1a, provides that the Board of Commissioners may require the TEF . authority to pay all or a portion of the cost of County road improvements out of t2~x increment revenue, under certain conditions; and WHEREAS, Planning and Transportation Departments reviewed the TEF Plan far Eagan TiF District Na. 2-5 and determined that the development traffic will have an impact on the Dakota County Transportation System; and recommends that the County use the 2D02 cost estimate of $385,000 to collect the tax increment necessary for improvements from TIF District 2-4 and/or TiF District 2-5; and WHEREAS, the Dakota County Water Resources Department conducted an environmental review of the land within and around the proposed TiF District 2-6 identifying subject properties located on or adjacent to known and Suspected contaminated sites and potential scurces for soil contamination and surface and ground wet®r contamination. - 3 WHEREAS, the TIF plan 2-5 does not include, at this time, qualifying inspeGtlons, which might allow 17akota County to determine that proposed TIF District 2-ti is consistent with the County's position an the use of 1"IF far bonafide redevelopment. NOW, THERi=FORE, t3E iT RESOLVED, Thst the Dakota County Board of Commissioners hereby acknow{edges receipt of the TiF Plan for Eagan TIF District No. 2-5 in the City pf Eagan; and ~~ 8 'd OLB~'~N h1N00~ b'10~b'0 WdbZ~Z 8002 '8Z'~~UJ Resolution No. 08.269 Page 2 of 2 BE IT Ft1RTHER.Rt±SOLVEt:?, That the Dakota County Board of Commissioners, pursuant to Minn. Stet. § 469.175, subd, la, Dakota Gaunty hereby continues its el®ction to use $85,000 tax [ncrement from TIF District 2-4 for road improvements related to that d[str[ct; and BE IT FUR~'HER RESOLVED, That, because TIF pistrlct 2-5 is to be comprised of parcels from 71F pistrlct 2-4, the Dakota County Board of Commissioners hereby elects to use tax increment tp finance the road [mprovements necessitated by TIF pistrlct 2-5, in the amount of $385,000, to be constructed and paid for at such time as required as a result of intersection revis[ons related to TIF improvements and no' later than X036; and . BE IT Ft1RTHER RESOLVED, That the Dakota County Board of Commissioners herby directs staff to work with the City of Eagan to resolve any environmental issues within and near the TIF District 2..g in the City of Eagan; snd BE tT FURTHER RESOLVED, That the Dakota County Board of Commissioners hereby finds without a Report of Inspection determ[ning that Eagan TIF District No. 2-5 [s a bonaf[de redevelopment it can not be cgnsidered consistent with Dakota County's TIF Potlcy, and recommends that the City not authorize the use of tax increment financing for this district. STATE OF MINNESOTA County of Dakota Morrie, Gaylord Egan SGhouwsiler Turner KrauSA Branntna YES " ~^ X --~-- ~~ . X ._ tr 'd OLB~'~N l; Mary S. Schelde, Clerk to the Board of the County of Dakota, State of Minnesota, do hereby certify that t have tAmpared the foregoing popy of a resolution with the original minutes of the proceedings 4f the NO Bgard of County Commissloners, Dakota Couniy, Minnesota, at their Narri9 ~ session held qn the 20th day of May 2008, now or+ fie In the County gdminlstrat[on Oepartment> and have found the same to ba a true end Gaylord .-_ correct copy thereof. Egan Wltness~my hand and offlcia[ seal of C-akata County'thls 22"a day aP Schouweller _ __ __ - May 2008. 'Tyrrner ,~ , Clerk m the Board Krause ~. t3rann[na -_ ~~ l~1NN0~ KlO~da WdOZ~Z 8002 '8Z'~~W Agenda Information Memo June 3, 2005, Eagan City Council Meeting A. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY PLANNED DEVELOPMENT (CARRIAGE HILLS) - WENSMANN REALTY, INC. ACTIONS TO BE CONSIDERED: To direct staff to submit the Comprehensive Guide Plan Amendment to change the land use designation from P (Parks and Recreational Open Space), to SA (Special Area), of approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W 1/2 of Section 14 to the Metropolitan Council for their review. To approve (OR direct preparation of findings of fact for denial for) a Rezoning from P (Park) to PD (Planned Development) upon 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W % of Section 14, subject to the conditions listed in the staff report, as revised. (Approval of this item is contingent upon the Metropolitan Council's acceptance of the Comprehensive Guide Plan Amendment.) To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned Development for a mixed residential development, upon 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the W'/2 of Section 14, subject to the conditions listed in the staff report. (Approval of this item is contingent upon the Metropolitan Council's acceptance of the Comprehensive Guide Plan Amendment.) REQUIRED VOTE FOR APPROVAL: Comprehensive Guide Plan Amendment - At least four votes Rezoning - At least four votes Preliminary Planned Development - At least three votes FACTS: - City Council recently accepted a Contingent Settlement Agreement which established a framework for expedited consideration of a concept site plan, which would lead to Council approval, and resolution of the dispute and lawsuit. - Detailed site development and civil plans are not required at this time. - Property is open with scattered wooded areas, wetlands and rolling topography. - There is an existing clubhouse, shed and maintenance facility centrally located on the site. - Current access is provided from Wescott Woodlands to the east. Comprehensive Guide Plan Amendment: - The proposed land use amendment would change the designation of the subject site to SA, Special Area, allowing for development of the site with a variety of housing types, not exceeding a gross density of 4 units per acre. I S'U - The proposed land uses generally breaks down into approximately 30 acres each of Low, Medium and High Density residential, with 30 acres of open space. - On May 27, 2008 the Advisory Planning Commission held a Public Hearing to consider the proposed Comprehensive Guide Plan Amendment, and did recommend approval. Rezoning and Preliminary Planned Development: - The concept site plan shows a total of 480 dwelling units of various types. Single-family and twin homes are proposed on the southerly portion of the site, townhomes in the central part of the site, and multiple family dwellings in the northern portion nearer Yankee Doodle Road. - The 30 acres of open space is proposed to be located around the perimeter of the site and winding among the clusters of housing. The open space is proposed to be covered by a conservation easement. - A homeowner's association will be required for ownership and maintenance of common property and private streets. - Staff report sets out lot sizes and bulk standards corresponding to each housing type. - One deviation is proposed for front setbacks of 15' for some twinhomes and rowhomes. - The residential unit count exceeds the threshold for preparation of an EAW (Environmental Assessment Worksheet), which will need to be completed prior to Preliminary Subdivision. - While detailed development plans and civil plans are not required for the Preliminary PD, wetland protection and tree preservation ordinances apply; and storm water management and water quality policies and ordinances apply. - Sanitary Sewer available to the south and east and water main is available through and surrounding the site. - Neighborhood park service is provided by Mueller Farm Park and Woodland Elementary School to the south. The development should provide on-site tot lot or other amenities and possibly additional trails. - On May 27, 2008, the Advisory Planning Commission held a public hearing to consider the proposed Rezoning and Preliminary Planned Development and did recommend approval. ISSUES: - The APC did not recommend approval of the proposed front setback deviation at this time. The APC discussed that any such deviations should be evaluated with the Subdivision and Final PD applications when a greater level of detail is available. 60-DAY AGENCY ACTION DEADLINE: June 27, 2008 ATTACHMENTS (4): ~~ Dom' ~ ~S~ May 27, 2008 APC Minutes, pages~~through~~ Staff report, pages~~ through Special Area Plan, pageso~ throug ~D Letters from the public, pages~~througho2 Isl Eagan Boundary Right-of-way Location Map ~ Parcel Area Park Area ~` Building Footprint ~~_ . 4 __ fl - ,~ ~ o d ~~ 0 o a ~ ' 3 Q .- --! - g ~° 6 ~-_*0 _o 00 000 ©0 00 0~0 oea ooo~o c~ C ~ ~ ,..~ -- r CO. HYA'. NO. Sd (T1WK![ DOODL[ ItD.i 0 ~~~ vmw...wo waeo.r.om ~~~" 040 ^ _ ^©p oO Q p oca Oq p .• (~ O I P ~p 9 ~ „~,onraaq -w 6 ra Q ~ a ~ ., C3 ~ r, 1000 0 10D0 2000 Feet Development/Developer: Wensmann (Carriage Hills) Application: Comprehensive Plan Amendment Case No.: 14-CG-03-04-08 City of Ea~aIl I ~ ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY N W~ fi Community D evelopment Department The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S .lilvisory I?lan~lin;: Commissioza ~!Iav 27, BOOS P<ig~„ 2 of 1~ A. Carriage Flills Applicant Name: Wensmann Realty Inc. Location: 3535 Wescott Woodlands; E %2 of NW '/4 and NE '/4 of SW '/4 of Section 14 Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment for 120 acres from Park to Special Area. File Number: 14-CG-03-04-08 Application: Rezoning A Rezoning of 120 acres from Park to Planned Development. File Number: 14-RZ-01-04-08 Application: Preliminary Planned Development A Preliminary Planned Development of 120 acres. File Number: 14-PD-01-04-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 22, 2008. She noted the background and history. Terry Wensmann, Wensmann Homes, displayed a site plan and discussed the details of the plan. He discussed the buffer between the existing development and the proposed development along with the conservation easement. He stated the site plan is conceptual and may be amended, depending on market needs. He discussed traffic, schools, and water and sanitary sewer. Member Chavez inquired about the proposed private roads. He asked what percentage of the new roads shown on the concept drawing will be private. Mr. Wensmann indicated the proposed private roadways on the map. Member Filipi inquired about the justification on the request for the deviation on the setbacks. Mr. Wensmann discussed the different setbacks within the development and stated the goal is to protect the wetlands and trees and increase perimeter buffer by a reduction in setbacks in certain areas for units that will have side-loaded garages. Chair Hansen opened the public hearing. Michelle Harrington, 3572 Blue Jay Way, stated disagreement with the number of proposed homes that are multi-family homes in an area that is already high-density. She stated concern with the real estate values, traffic, wetlands and density. She also mentioned she had difficulty seeing the nine-hole golf course and inquired about the agreement with Wensmann Homes as it relates to the contingent settlement. Mike Haugen, 946 Wild Rose Court, indicated that a majority of the units will be on the northern 1/3 of the site and raised concerns for traffic on Wescott Woodlands. Robert Acton, 3491 Wolfberry Court, stated concern for access to the development and traffic at the Wescott Woodlands and Yankee Doodle Road intersection. He stated concern for the additional new homes proposed while the foreclosure rate is so high. He stated his preference that the property be turned into a public golf course. ~~ 1~<ivisc~ry I'lauaainv~ Camm.ission ~Ia~~ 2?, 20(}S ~Gl~?~ 3 O~ 1 ~} Tony Vinge, 3544 Wescott Woodlands, suggested that the City purchase the property and use it to produce renewable energy (wind or solar) and/or as a dog park. Kevra Andreason, 3545 Blue Jay Way, stated opposition to the development. She stated she is not prepared to deal with the construction or the noise and other effects of such activity on her property for the next several years. She stated the market does not call for new housing and expressed concern for increased traffic on Duckwood Drive. She requested additional landscaping to protect her views if the development does move forward. Joy Thompson, 3703 Greensboro Drive, expressed concern for the effects=on her property and stated she was expecting to see executive level homes, was surprised to see the concept plan showing a street beyond her back yard, not another yard. She also wanted assurance that a street connection would not be made to Hunter Lane. She expressed her preference for the property to be a park. Carol Hesse, 3536 Wescott Woodlands, stated concern for traffic. She suggested a gated community design with its own road in and out to relieve the traffic on Wescott Woodlands. Neil Charpentier, 3506 Thorwood Court, suggested that the developer construct a separate road to connect to Yankee Doodle instead of relying on Wescott Woodlands. Sue Rybak, 3707 Greensboro Drive, inquired about other options considered for the property. She stated concern for the number of vacant homes currently in the City. She suggested that other options be considered or the property be used as parkland or a golf course. Sheila Jones, 3575 Blue Jay Way, explained that the property was designated for recreational use when she purchased her property. She stated preference that the property remains green space and stated the proposed development will take away from the beauty of Eagan. She stated concern for the density of the proposed development and suggested the property could be used for a community garden or to produce renewable energy. Belinda` Davis, 1063 Duckwood Dnve, stated she would like to see the property used as a golf course or left as green space. She stated the City of Eagan would be better served by not developing the property. Molly Ryan, 3493 Wolfberry Court, stated it would be beneficial for the City to educate the community on the options for the property if the City is going to allow a vote by bond referendum and indicated residents cannot make an informed vote without knowing the alternatives. She stated concern for the traffic on Wescott Woodlands. Jerry Thompson, 4124 Oakbrooke Trail, stated his admiration for Wensmann Homes and that he looks at this as a positive development for Eagan and that he fully supports the proposal. Millie Gignac, 3425 Golfview Drive, stated she would like to know the tax impact of the development of her property and stated the residents should be made aware of options for the property. ISM :~civisorv Plaiini.n<~ Commission ~iav 27. 2()(1S V P~lgo =~ of 14 There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer John Gorder discussed a future traffic study that will address the traffic concerns. He also mentioned that the 2007 Yankee Doodle Corridor Study identifies the Wescott Woodlands intersection for full access with future signalization when traffic warrants, and stated that Dakota County will also weigh in on County Road impacts at the time of subdivision. He stated the concept plan does not currently show a connection to Hunter Lane and one is not intended but that it could be a point of discussion in the future. City Attorney Bob Bauer explained that alternative potential uses of the property have not yet been determined if the City should acquire the property, but are currently being investigated. City Planner Ridley stated there will be an opportunity for he public to inform themselves on the possible uses of the property if the bond referendum is passed. Mr. Bauer discussed the settlement agreement,and bond referendum process. He stated the process is a dual track process and the developer was required to submit their plans at this meeting and for the City Council in June. The City is required to determine if it will purchase the property through a bond referendum. He explained that impact on real estate values is not an issue of consideration for the Advisory Planning Commission. There was discussion on the Special Area designation for the property. Mr. Bauer stated the Special Area plan will be presented to the City Council. There was discussion on setbacks as related to Condition numbers 12 and 13, and the request for a reduction of front yard setbacks. Member Chavez stated the details on the Special Area plan are needed to act on the proposal. Chair Hansen explained that the APC review is a very high level (macro) review in order to expedite the process. Member Filipi stated concern with the process for the updating the Comprehensive Guide Plan and the forethought that went into it. He stated there should be more planning and consideration for this proposed Comprehensive Plan Amendment. Member Keeley stated she also finds the Special Area designation hard to review given the lack of specific and detailed information. Member Heaney stated the process seems rushed but that he understands the need for this particular process in the context of the contingent settlement agreement. Chair Hansen stated that he understands the members' concerns but that this is an unusual circumstance intended to settle a lawsuit, so they will not have the usual level of detail for their review at this time. ~ldvisor~y Planning Commission ~la~ ?~, 20{}5 Pagi; ~ of 1~1 Member Zoberi moved, Member Heaney seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from P, Parks and Recreational Open Space, to SA, Special Area, upon approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14. Member Keeley stated the plan is an improvement to the previous plan; however, the Advisory Planning Commission should have been given a chance to provid more input regarding goals and policies for the Special Area. A vote was taken. Aye: Chair Hansen and Members Zoberi, Heaney, and Dugan. Nay: Members Keeley, Chavez, and Filipi. Motion carried: 4-3. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Rezoning from P, Park, to PD, Planned Development, for approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14 to be developed in substantial conformance with Exhibit 1. Member Dugan stated he shares the concerns expressed, however the City Council will give extensive consideration to the use of the property and ample opportunity to discuss options will be available if the bond referendum fails. Member Filipi stated he will support the rezonings because he believes Wensmann has made a good faith effort and he generally likes the proposed plan. A vote was taken. Aye: Chair Hansen'and Members Zoberi, Heaney, Filipi and Dugan. Nay: Members Keeley and Chavez. Motion carried: 5-2 Member Zoberi moved, Member Heaney seconded a motion to recommend approval of a Preliminary Planned Development and Conceptual Site Plan consisting of a mixed residential development of up to 480 dwelling units comprised of a mix of single-family, twinhomes, townhomes, senior and multi-family units for the approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14 subject to the following conditions: General 1. This Preliminary Planned Development is contingent upon Metropolitan Council approval of the Comprehensive Guide Plan Amendment 2. The property shall be subdivided and platted prior to final Planned Development approval. 3. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans (Exhibit 2): • Site Plan Building Elevations Site Lighting Plan Landscaping Plan I~ :~,dvisorv f'laiinin~~ Commission ~~~Iay 2~?, 2U0~ :Page 6 of 1 ~ • Signage Plan • Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) 4. A Final Planned Development Agreement shall be executed for each phase of the development prior to issuance of a building permit for the phase. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan • Final Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) 5e An Environmental Assessment Worksheet shall be completed prior to Preliminary Subdivision or grading of the Property. 6. The developer shall submit Homeowner Association documents to the City Attorney for review and approval, prior to Final Subdivision approval, including transfer of all common area to the Homeowner Association. Airport Noise 7. Sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBA shall be employed for buildings within the one-mile buffer area`'of the 60 dB contour. Lots 8. All lots shall have a minimum street frontage of 50 feet. 9. Single-family lots shall satisfy minimum R-1 zoning standards for lot dimensions and area. 10. Twinhome lots shall satisfy R-2 zoning standards for lot dimensions and area. 11. The detached townhomes shall provide lots that are a minimum of 60' in width with a minimum lot area of 6,000 sq. ft. per unit. Setbacks and Bulk Standards 12. Structure setbacks shall be consistent with those outlined in the City's zoning Ordinance for the corresponding type of housing as follows: Single-family (R-1 district), Twinhomes (R-2 District), Townhomes (R-3 District) and Senior and Multiple Family (R-4 District). Detached Townhomes shall be consistent with the following standards: Setback Detached Townhomes Front yard public street 30 feet 40 feet Duckwood Dr.) Front yard (private street - 25 feet (through street) from curb) 20 feet (dead-end street) Side ard: Princi al Structure 10 feet Side yard: Garage/Accessory 5 feet Structure Rear ard: Princi al Structure 15 feet Rear yard: Accessory 5 feet Structure 13. Minimum structure setbacks from Duckwood Drive shall be 40 feet. ~~ I ~ld~~isarv Plannin<~ Commission i~I~~v ?7, 2005 ., Page 7 of 1~ 14. Building coverage shall not exceed 20% for each single-family or twinhome lot, and 25% for each of the detached townhome units. 15. Building coverage for the townhomes and multiple family buildings shall not exceed 20%. 16. Building heights shall not exceed 35 feet. Multiple family structures may exceed 35 feet if the required additional setbacks are provided in accordance with the R-4 zoning district standards (an additional 3' for each 1' of building height over 35'). Parking 17. The Final Planned Development shall provide for off-street parking in amounts that are consistent with the City's zoning ordinance. Additional off-street visitor parking shall be provided in the multiple family and townhome portions of the development. 18. Parking lot and pavement setbacks shall be a minimum of 20 feet from a public right-of-way to provide sufficient room for berming, screening, buffering and snow storage. Architectural Controls 19, Building elevation plans shall be provided with the Final Planned Development for each phase of the development. Such plans shall include specific architectural controls (i.e. design elements, building materials, etc.) that are consistent with the City's zoning ordinance, where applicable. Other Standards 20. This development shall comply with the provisions outlined in Section 11.70, Subdivision 21 of the City Code pertaining to site lighting, trash storage, walkways, interior storage space, etc. Detailed plans identified in Condition 4 demonstrating compliance shall be provided at the time of Final Planned Development. Landscaping 21. A detailed Landscape Plan, consistent with the design standards and specifications in the City's landscape ordinance (Section 11.70, Subdivision 12) shall be provided with the Preliminary Subdivision and Final Planned Development. 22. Consistent landscape design elements shall be incorporated throughout the site to provide visual connections between the various parts of this planned development. 23. Berming and landscaping shall be provided along Yankee Doodle Road to provide a buffer between the multiple family buildings and this principal arterial. Grading 24. Prior to final subdivision approval, detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes. 25. Prior to any grading of the Property, erosion control measures shall be installed and maintained in accordance with City code, City engineering standards, and MN Pollution Control permit regulations. 26. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 27. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/ Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Water Drainage 28. Storm water management systems for this development shall be constructed in accordance with the City Storm Water Management Plan (Dec. 2005), the City Water Quality Plan, and City engineering standards. Wetlands 29. In accordance with Eagan City Code §11.67 Subd. 4. B., the applicant shall have all wetlands fully. or partially located on the site delineated by a Certified Wetland Delineator ~~~ Advisory Planning Commission ~~1av 27, 2005 P~lge S of 14 utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have all existing wetlands assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). The delineation shall be completed prior to Preliminary Subdivision. 30, Any and all wetland delineations shall be conducted during the growing season (i.e., typically between April 15 and October 15) and shall be submitted to the City for review and approval. 31. Any proposals to impact any of the wetlands on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance specifically with Eagan City Code §11.67 Subd. 5., Wetland Sequencing and Replacement Requirements and Eagan City Code §11.67 Subd. 11., Wetland Submittal Requirements. 32. All of the wetlands on the site shall have Wetland Buffers in accordance with Eagan City Code §11.67 Subd. 6. 33. All of the Wetland Buffers on the site shall satisfy Wetland Buffer Vegetative Requirements in accordance with Eagan City Code §11.67 Subd. 7. 34. All of the Wetland Buffers on the site shall be protected in accordance with Eagan City Code §11.67 Subd. 8. 35. All of the Wetland Buffers on the site shall have markers in accordance with Eagan City Code §11.67 Subd. 9. 36. The development of the site shall have wetland setbacks in accordance with Eagan City Code §11.67 Subd. 10. 37. This development may be subject to cash dedications in lieu of the above wetland requirements, at the City's discretion. Water Quality 38. There shall be no-net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 39. The first one-half inch of stormwater runoff from any rainfall event shall be infiltrated or retained entirely on the site. 40. This development may be subject to cash dedications in lieu of the above water quality requirements, at the City's discretion. Tree Preservation 41. In accordance-with the City's Tree Preservation Ordinance, Eagan City Code Section 11.10, Subd. 15.1, the applicant shall prepare and submit a Tree Preservation Plan with the Preliminary Subdivision application that: a, identifies all significant vegetation located on the application site, b. delineates limits of land disturbance and tallies significant vegetation proposed to removed, c. provides for any required tree mitigation, and d. indicates measures to protect significant vegetation intended to be preserved. 42. In order to utilize a "floating number" system pertaining to the final number of mitigation trees required. Complete fulfillment of all required mitigation to be installed prior to final project completion. 43. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 44. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 45. The applicant shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. ~J~ ~ldvisorti~ Planr:~ing C'ommissioz~ ~~Iav "77, 2UOS Page ~ «f 1~ Streets/ Access/ Circulation 46. This development shall be required to obtain a County access permit at time of final subdivision. Restricted access should be provided along the entire development adjacent to Yankee Doodle Road, except in the area of a possible right-in/ right-out access location. 47. All streets within the development, public or private, if any, shall be constructed in accordance with City code, with vehicle turnarounds to City and fire code requirements. 48. Continuous trails or sidewalks shall be provided between proposed Duckwood Drive and Yankee Doodle Road, to increase pedestrian circulation and connectivity. 49. All trails and sidewalks within the development shall be constructed in accordance with City engineering standards for width, structural dimension, and right-of-way dedication. 50. Direct driveway access to Duckwood Drive shall be prohibited. Sanitary Sewer 51. A sanitary sewer system to serve the development shall be constructed in accordance with the City Comprehensive Sanitary Sewer Plan, and City engineering standards. 52. If sanitary sewer lift stations are required to utilize the capacity of all trunk sanitary sewer districts, to adequately serve the development, the stations shall be installed at the developer's expense. 53. This development should be responsible for the removal of all septic systems and wells, in accordance with City and County requirements. Water Main 54. Lateral water mains to serve the development for fire and domestic uses shall be constructed in accordance with the Gity Water Supply & Distribution Plan, and City engineering standards. Easement/Permits/Rights-of-Way 55. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. 56. 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. 57. If any improvements are to be installed under a City contract, the appropriate project shall be approved by Council action prior to final plat approval.57. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 58. The development shall dedicate conservation easements to the City, in a form acceptable to the City Attorney, over those portions of the site that comprise the 30 acres of open space. These areas shall be shown and identified as Conservation Easement Area on the Final Site Plan prior to Final Planned Development approval. Financial Obligation 59. This development shall accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Im rovement Use Rate Gluantit e4mount Sanita Sewer Lateral R1-4 $29.50/ f.f. 2,590 f.f. $52,540 Water Lateral R1-4 $29.80/ f.f. 2,390 f.f. $71,222 Water Lateral R2-4 $37.52/ f.f. 4,980 f.f. $182,391 Storm Sewer Lateral R1-4 $35.95/ f.f. 2,590 f.f. $83,625 Storm Sewer Trunk R1 $0.111 sf 762,300 sf $83,853 Storm Sewer Trunk R2-4 $0.142/ sf 2,482,920 sf $352,575 ~~® ~civisor~- I?larr.ni.ng Commission %iay ", 2008 Page 10 of l~l Total $826,206 ('~ Per Agreement - $76,405 (2008 Fee Schedule) - $23,865. levied assessment c2> Per Agreement - $186,850 (2008 Fee Schedule) - $4,459 levied assessment c3> Per Agreement -$93,110(2008 Fee Schedule) - $9,485 levied assessment (4> 32.5 acres - 15 acres conservation easement (estimated) = 17.5 acres = 762,300 sf (5~ 72 acres -15 acres conservation easement (estimated) = 57 acres = 2,482,920 sf Parks and Trails 60. The development shall provide connections to the existing off-site Eagan trail system and access points at the perimeter of the development to primary off-site amenities. Connections points include the east and west end of Duckwood and Wescott Hills Drive to Yankee Doodle. Off-site amenities include Mueller Farm Park, O'Leary. Park and Woodland Elementary School. 61. A looping trail shall be installed through the open space with multiple points of access for residents and the public, possibly including benches and other furnishings, ownership and maintenance to be determined. 62. Trail dedication shall be satisfied through a combination of on-site trails, exclusive of sidewalks, and/or a cash payment consistent with the Eagan fee schedule, to be paid at the time of final plat at the rates then in effect. 63. This development shall provide a maintenance plan, in a form acceptable to the City Attorney, for the open space that includes regular eradication` of invasive and non-native species, enhancement of planted areas as appropriate, and routine maintenance including trash removal. 64. This development shall install- "tot-lots" that include play structures.in those areas with high concentrations of multi-family units. Such tot lots shall be maintained by the Homeowner's Association. 65. This development shall provide useable turf space in those areas with high concentrations of multi-family units, .sufficient to allow for informal outdoor play. Such areas sha11 be maintained by the Homeowner's Association A vote was taken. Aye; Chair Hansen and Members Zoberi, Heaney, Filipi and Dugan. Nay: Members-Keeley and Chavez. Motion carried: 5-2. /c~~ PLANNING REPORT CITY OF EAGAN REPORT DATE: May 22, 2008 APPLICANT: Wensmann Realty, Inc PROPERTY OWNER: Rahn Family Partnership, LLC CASE: 14-CG-03-04-08 14-RZ-O1-04-08 14-PD-01-04-08 HEARING DATE: May 27, 2008 APPLICATION DATE: April 28, 2000 REQUEST: Comprehensive Guide Plan PREPARED BY: Pamela Dudziak Amendment; Rezoning; and Preliminary Planned Development, LOCATION: South of Yankee Doodle Road and West of Wescott Woodlands COMPREHENSIVE PLAN: P; Parks and Recreational Open Space ZONING: P, Park SUMMARY OF REQUEST Wensmann Homes is requesting a Comprehensive Guide Plan Amendment to change the land use designation from P, Parks and Recreational Open Space, to SA, Special Area #7, for Low, Medium and High Density residential development upon approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14. Wensmann Homes is also requesting a Rezoning from P, Park, to PD, Planned Development, and approval of a Preliminary Planned Development consisting of approximately 4$0 dwelling units comprised of a mix of single-family, twinhomes, townhomes, senior and multi-family units upon this 120 acre site located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and maybe amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably Planning Report - Wensinaim (Carriage Hills) May 27, 2008 Page 2 relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. 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 amore 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. BACKGROUND/HISTORY Weissmann and the City recently reached a new Contingent Settlement Agreement that was approved by the Eagan City Council at their regular meeting on April 15, 2008. By agreeing to the Contingent Settlement Agreement, the Council accepted a framework for expedited consideration of the concept Site Plan, which would lead to final Council approval, and resolution of the dispute and lawsuit. The Contingent Settlement Agreement states that the City shall expedite consideration of the new site plan and that all parties acknowledge that the site plan is sufficient support and documentation for Preliminary Planned Development consideration. At this time, the developer will not be required to submit detailed information regarding tree preservation, wetland delineation, grading, drainage, erosion control, streets and utilities, or landscaping plans. The developer will be required to submit all detailed plans as part of the Preliminary and Final Subdivision and the Final Planned Development application submittals. ~ ~3 Planning Report - Wensmann (Carriage Hills) May 27, 2008 Pale 3 Until 1979, the only platted subdivision in the area was Wescott Garden Lots which was east of the golf course and consisted of several 10-acre lots, some containing residences. By 1990 nearly all of the surrounding land had been developed and .these areas had become established neighborhoods. Since 1990, the area south of Yankee Doodle Road lying east of the golf course and west of Elrene Road has been developed and redeveloped into residential uses. Zoning - In conjunction with the 2000 Comprehensive Guide Plan update, the zoning ordinance was amended in 2001 to establish a zoning district for parks and recreational open space (P, Park District) to correspond with the new land use designations of P (Parks, Open Space and Recreation) .and PF (Public Facilities). The three golf courses in the city, as well as all the neighborhood and regional parks, received the Park District zoning designation in 2001 as part of a city-wide zoning map update to correspond to the amended zoning ordinance. The P zoning district allows golf courses and other uses as a permitted use with no restrictions on for-profit enterprises. Comprehensive Land Use Guide Plan -The city's first comprehensive land use guide plan and map were prepared in 1974, after the golf course had been established on this site. That plan designated the property "Golf ' and the map legend identified it as quasi-public and it remained so until 1991. In a comprehensive revision of the city's land use guide plan map in 1991, the City Council made a policy decision to change all schools, churches, parks, golf courses and other public or quasi-public properties to one of two designations, either P for Parks or PF for Public Facilities to correct errors from previous maps and for consistency. This resulted in the PF designation for Carriage Hills Golf Course Property. With the city-wide update of the Comprehensive Plan in 2001, the PF (Public Facilities) land use designation was eliminated and the properties holding that designation were given a designation of either P (Parks, Open Space and Recreation), or QP (Public/Quasi-Public). The three golf courses in the city, including Carriage Hills, were designated P (Parks, Open Space and Recreation). EXISTING CONDITIONS The site consists of approximately 120 acres located in the west half of Section 14. The site is generally open with wooded areas, scattered wetlands, and rolling topography. The site was previously cleared for golf course use, however, the golf course was closed to operations in 2005. Site conditions generally consist of maintained turf, although approximately 25% of the site contains mature woodlands and/or individual trees. Buildings on the property include the clubhouse, office, shed and maintenance facility. Access to the site is currently provided from the east off Wescott Hills Drive. Residential developments of varying densities surround the site.to the west, south, and east. To the west and to the east just south of Yankee Doodle Road are multiple family developments zoned R-4 and designated HD, High Density and MD, Medium Density. To the southwest, south /~~ Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 4 and east are single family developments with zonings of PD, Planned Development, and R-l, single family residential, and a land use designation of LD, Low Density. To the north across Yankee Doodle Road is Faithful Shepherd School, zoned BP, Business Park. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North School BP, Business Park BP, Business Park South Residential PD, Planned Development LD, Low Density residential East Residential; Mary Mother of Mercy Shelter R-l, Single Family Residential; LB, Limited Business LD, Low Density residential O/S, Office Service West Residential R-4, Residential Multiple; PD, Planned Development HD, High Density residential, LD, Low Density residential; EVALUATION OF REQUEST Proposal: Wensmann Realty is proposing a change in the land use designation of this 120-acre site from P, Parks and Recreational Open Space, to SA, Special Area. The SA land use designation is typically used in areas "where unique circumstances exist that can best be dealt with in a manner specific to the area." The Special Area land use designation allows for the creation of a small area plan identifying a specific future land use plan and corresponding goals and policies for transitioning between existing and proposed future uses within the Special Area. Wensmann has submitted a generalized land use plan illustrating anticipated development of low, medium and high density residential uses within the proposed Special Area designation as attached as Exhibit 1. Pursuant to the terms of the Contingent Settlement Agreement, the Site Plan consists of a variety of housing types with a total not exceeding 480 dwelling units, and 30 acres of open space in a conservation easement. The open space will maintain a buffer around the perimeter of the site between existing and proposed housing, as well as providing undeveloped space within the development itself. The 480 dwelling unit maximum has a gross site density of four units per acre. The housing mix proposed in the plan is as follows: Single Family Homes (85' lots) 41 Detached Townhomes (60' lots) 52 Luxury Twinhomes (3 detached units) 39 1~s' Planning Report - Wensxnann (Carriage Hills) May 27, 2008 Paee 5 Row Townhomes 96 New Urban Townhomes 72 Senior Housing Units 60 Multiple Family Units 120 Planned Development Zoning -The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. Typically, specific minimum and maximum zoning standards do not strictly apply. However, the typical zoning district standards for the various housing types are used as a basis for comparison for those portions of the proposed Planned Development. The applicant's narrative indicates proposed deviations from typical standards for street design and reduced front yard setbacks for the twin homes and urban row townhomes where garages do not face the street. The acceptability of such deviations is a policy matter to be determined by City officials Environmental Review -The development of the subject site as proposed on Exhibit 1 will require the Owner to address the physical and environmental factors that could influence the development potential of the property. The residential unit count exceeds the threshold set forth in state law, thereby triggering preparation of a mandatory Environmental Assessment Worksheet (EAW). The EAW must be completed prior to Preliminary Subdivision. Comprehensive Guide Plan Amendment: Residential Land Use Desi ations -Based on the 2006 vacant land study, in the City of Eagan, land designated for residential uses in the Comprehensive Guide Plan totals approximately 7,728 acres, or 36% of the total land area of the city. The residential land supply is categorized into three designations based on density: LD, Low Density (0-4 units per acre); MD, Medium Density (4-12 units per acre); and HD, High Density (12+ units per acre). These land use designations do not restrict the type of residential dwelling (i.e. single family, duplex, townhome, apartment, condominium) allowed within the district. Residential Land Supply - Current Residential Land Use Mix -Approximately 82.1 % of the city's residential land is in the LD, Low Density, land use category. This includes all of the single-family residential developments, as well as duplexes and twin homes and some of the townhome developments which have less than 4 units per acre density. The remaining 18% of residential land is in the MD, Medium Density (12.7%) and HD, High Density (5.2%) land use. categories. Vacant and Underutilized Residential Land Supply -The City has identified 840 acres of vacant and underutilized residential land, 756 acres or 90% are designated LD. Under the proposed amendment, the 120-acre site would have a mixed use of several unit types that breaks down to generally 30 acres of HD, 30 acres of MD and 30 acres of LD. The r~~ Planning Report - Wensmann (Carriage Hills) May 27, 2008 Paee 6 remainder (~30 acres) is to remain in open space. The residential land supply would increase to 930 acres. The additional 30 acres of LD would have minimal impact on the existing LD inventory of vacant and underutilized land, reducing the percentage of the 930 acre total to 84.5%. An additional 60 acres of MD and HD land would nearly double the existing approximately 75 acres of vacant and underutilized land currently designated MD or HD to 135 acres, which would be 14.5% of the 930 acre total. Housing_Goals and Policies - An update of Eagan's housing mix was completed in March 2007. The analysis shows that the City is maintaining an excellent mix of housing types and life-cycle housing choices. Currently, 47% of Eagan's housing consists of attached units, where the metropolitan average and Metropolitan Council Livable Community goal for attached housing is around 38%. This proposal includes a variety of housing types proposed as follows: 19.6% single-family detached units (includes detached townhomes); 42.9% attached twinhomes and townhomes; and 37.5% multiple-family and senior housing units. Development Density and Housing Types in Surrounding Area -This neighborhood is one of three neighborhoods in the City of Eagan that have significant concentrations of non-single family detached housing and higher development densities. The other neighborhoods include Surrey Heights/Quarry Park neighborhood along Yankee Doodle west of I-35E and the Cedar Grove area. Development consists of apartments, townhomes and condominiums along Yankee Doodle Road and single family developments further to the south. The developments to the west of the site have an overall density of about 8 units per acre. To the east the overall density is about 2 units per acre. The proposed SA land use designation for this property would allow a mix of housing types not exceeding an overall gross density of 4 units/acre. The Concept Site Plan shows lower densities of single family dwellings on the southwestern portion of the site and twinhomes on the southeast, small-lot single-family and townhomes in the central part of the site, and senior and multi-family buildings on the northern portion of the site. The overall density based on the Concept Site Plan is 4.0 units per acre. School S, sy tem -This site is within ISD #196 and is served by Glacier Hills and Woodland Elementary Schools, Dakota Hills Middle School, and Eagan High School. The applicant's narrative indicates slight declines in enrollment are anticipated over the next 5 years at all schools except Woodland Elementary, which is expected to have a slight increase in enrollment. All of the schools are expected to continue to operate within their capacity. Preliminary Planned Development: Homeowners Association - A homeowner's association shall be established for this development. All common property and open space in conservation easements shall be conveyed to and maintained by the homeowner's association, as well as the private streets, the townhome and rowhome lots and any monument signs or other common amenities. All common lots shall be deeded to the homeowner's association. 1~7 Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 7 Airport Noise -The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. Historically, the City has attempted, where possible, to minimize land uses that would be in conflict with operations at MSP. The City's adopted Comprehensive Guide Plan currently designates the subject site as P, Parks, Open Space and Recreation. If the City determines that residential uses are appropriate on this site, regional policy provides guidance in gauging whether such uses can be compatible, provisionally or conditionally acceptable, or inconsistent. Based on the Metropolitan Council Policy Contours adopted in 2007, a majority of the site is located within the one-mile buffer area of the 60 dB contour, placing it within Noise Policy Zone 4. The Met Council has adopted new land use compatibility guidelines which incorporate the 2007 Noise Policy Contours that will be used in their review of this proposal. Under the new guidelines it is anticipated that new residential uses with individual entrances will remain conditional uses within the Buffer Zone. Development of new residential uses with shared entrances, such as typical apartments, are anticipated to be considered either provisional or compatible uses. Provisional residential uses must be acoustically constructed to achieve a 45 dBa interior sound level. However, Conditional residential uses must meet the following land use review factors identified in the compatibility guidelines: 1. Proposed construction design will provide outdoor to indoor attenuation required by structure performance standards in Table 2. Architectural designs and construction methods for new construction within the development should incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 2. Is the site located under a major departure flight track used by jets? The site lies 4 miles southeast of the parallel runways at MSP, and is adjacent to primary departure and arrival tracks for those runways. 3. Is t1~e site located parallel to a primary runway used by jets? The site is not located parallel to a primary runway used by j ets. 4. Is the site located parallel to a runway to be used for unshielded engine run-ups? The site is not located parallel to a runway to be used for unshielded engine run-ups. S. Is the proposal consistent with adjacent land use ambient noise; and is it consistent with the overall comprehensive plan? A comprehensive guide plan amendment is proposed to permit residential uses on the site. ~~~ Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 8 6. Has the Zocal government adopted an effective method to inform future occupants of aircraft noise exposure? The noise contours are shown on the City's Zoning Map. Bulk Standards -For purposes of evaluation and setting expectations for the Subdivision and Final Planned Development, this report includes a discussion of the typical zoning district bulk standards. Lot Size -For those portions of the development where the lot area is provided individually for each unit, and not held in common property, the lots should satisfy typical zoning standards for the corresponding housing type. All lots should have a minimum street frontage of 50 feet. Thus, single-family lots should satisfy minimum R-1 zoning standards for lot dimensions and area and the twinhome lots should satisfy R-2 standards. The R-1 zoning district requires a minimum width of 85', and minimum area of 12,000 sq. ft. The R-2 zoning district requires a minimum width of 50' and minimum area of 7,500 sq. ft. per unit. The City's zoning ordinance does not have a use district that corresponds to the detached townhomes, which are proposed to have 60' wide lots. If the 60' wide lots are deemed acceptable, townhomes typically are held to a minimum lot area of 6,000 sq. ft. per unit. Setbacks -The table below indicates the typical setback standards for the various types of housing units proposed in this development. The developer is proposing reduced front yard setbacks, down to 15 feet, in two portions of the development -the twinhomes and the row townhomes. The developer's narrative states the twinhomes have side-loaded garages and the row townhomes have no garages fronting to a street, reducing the need for the added depth to accommodate driveways. City policy makers should determine the suitability of this request. Other structure setbacks should be consistent with the tables below. Setback Townhomes Multiple Family Front yard 30 feet 50 feet (Yankee Doodle Rd.) 30 feet (public street) Front yard (private street -from curb) 25 feet (through street) 20 feet (dead-end street) 25 feet (through street) 20 feet (dead-end street) Side yard 30 feet 30 feet Rear yard 30 feet 30 feet Between buildings 20 feet NA I~q Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 9 Setback Twinhomes Single-Family Front yard public street 30 feet 40 feet (Duckwood Dr.) 30 feet 40 feet (Duckwood Dr.) Front yard (private street -from curb) 25 feet (through street) 20 feet (dead-end street) 25 feet (through street) 20 feet (dead-end street) Side yard: Principal Structure 10 feet 10 feet Side yard: Garage/Accessory Structure 5 feet 5 feet Rear yard: Principal Structure 15 feet 15 feet Rear yard: Accessory Structure 5 feet 5 feet Setback Detached Townhomes Front yard public street 30 feet 40 feet (Duckwood Dr.) Front yard (private street -from curb) 25 feet (through street) 20 feet (dead-end street) Side yard: Principal Structure 10 feet Side yard: Garage/Accessory Structure 5 feet Rear yard: Principal Structure 15 feet Rear yard: Accessory Structure 5 feet Building Coverage -The City's zoning ordinance allows for a maximum of 20% building coverage in residential zoning districts. Building coverage shall not exceed 20% for each single-family lot, and 25% for each of the detached townhome units. Building coverages for twinhomes, townhomes and the senior and multiple family buildings shall be established at the time of Final Planned Development, and should not exceed the corresponding zoning district's maximum of 20%. Building Height -The City's zoning ordinance limits building height of residential structures to 35 feet. Building elevation plans will need to be submitted with the Final Planned Development for each phase, and buildings should not exceed 35 feet in height. Multiple family structures may exceed 35 feet in height if additional setbacks are provided per the R-4 zoning district standards (an additional 3' of setback for each 1' of building height over 35'). Parking -Typical zoning standards require the following amount of parking for the various types of housing units: Single-family- at least two enclosed parking spaces per unit Twin Homes - at least two enclosed parking spaces per unit Town Homes/Apartments/Condominiums - at least one enclosed or underground space per unit, plus one outdoor parking space per unit. Senior -The City ordinance does not specify a minimum parking standard for senior housing. In the past the City has approved senior projects with a minimum of one stall per unit. 17a Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 10 The Conceptual Site Plan does not appear to provide enough surface parking in the townhome and multiple family portions of the development. On-street parking, if available, may provide for some visitor parking in those areas, but additional visitor parking areas should be incorporated into the Final Planned Developments for those areas. Parking lot and pavement setbacks should be 20 feet from a public right-of--way to provide sufficient room for berming, screening, buffering and snow storage. Architectural Controls -With the conceptual plan, no specific architectural building elevations were provided. As a condition of final approval, specific architectural controls should be identified by the applicant for each phase of the development. These should be consistent with the City's zoning ordinance, where applicable. Other Standards -The townhome and multiple family buildings should be designed consistent with the provisions outlined in Section 11.70, Subdivision 21 of the City Code. Among other things, this section addresses standards for site lighting, trash storage, walkways, and interior storage space. Detailed plans demonstrating compliance with these provisions should be provided at the time of Final Planned Development. Landscaping -Landscaping typically is not required for single family residential, but is required for twinhomes, townhomes and multiple family development. Berming and landscaping should be provided along Yankee Doodle Road to provide a buffer between the multiple family buildings and this principal arterial. A detailed Landscape Plan, consistent with the design standards and specifications in the City's landscape ordinance, must be provided with the Preliminary Subdivision and Final Planned Development. Consistent landscape design elements shall be incorporated throughout the site to provide visual connections between the various parts of this planned development. Topography/Grading -The site is generally open with wooded areas and rolling topography. In general, the north portion of the site slopes to the north, and the south half slopes to the south. Elevations range from 860 to 920 feet. Prior to final subdivision approval, detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and codes. Erosion control measures should be installed and maintained in accordance with City code, City engineering standards, and MN Pollution Control permit regulations. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/ Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. h~ Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 11 Storm Water/Draina~e -The northern portion of the site lies within the LeMay Lake drainage district, Drainage Basin D, and ultimately drains to the west. Five natural low areas within the site are designated as storm water basins in the City Storm Water Management Plan (Dec. 2005) and could be modified for flood volume control for the development of this site. The Storm Water Management Plan also identifies the construction of outlet pipes with allowable storm water discharges for these basins, is a requirement of development of the site. Storm water management systems for this development will need to be constructed in accordance with the City Storm Water Management Plan (Dec. 2005), the City Water Quality Plan, and City engineering standards. Wetlands/Wildlife -The property contains nine unclassified natural wetlands and a portion of another unclassified natural wetland. These wetlands are habitats for various mammals, reptiles, amphibians, and fish. Proposed development of the site is subject to Minnesota Rules Ch. 8420 (Minnesota Wetland Conservation Act) and Eagan City Code § 11.67 (Wetland Protection and Management Regulations) which collectively require: 1) wetland delineations and assessments; 2) "sequencing" considerations prior to any proposed wetland draining, filling, and excavation impacts; 3) specific wetland replacement standards were any proposed wetland impacts approved; and 4) wetland buffers and setbacks. Water Quality -Proposed development of the site is subject to the City's water quality policies, according to the Water Quality and Wetland Management Plan. These policies address no-net increases in the amounts of total phosphorus and total suspended solids in stormwater runoff from the site. They also address control of the first one-half inch of runoff from any rainfall event on the site. Trees/Ve etg ation -Much of the site was previously cleared for golf course use and is maintained turf. Approximately 25% of the site contains mature woodlands and/or individual trees. The most prevalent tree species are Bur oak and Northern Red Oak, Northern Pin Oak and Aspen. Several other varied species make up the remaining trees on the site. In accordance with Eagan City Code 11.10, Subd. 15.1 the applicant shall prepare and submit a Tree preservation Plan with the Preliminary Subdivision and Final Planned Development that: a. identifies all significant vegetation located on the application site, b. delineates limits of land disturbance and tallies significant vegetation proposed to removed, c. provides for any required tree mitigation, and d. indicates measures to protect significant vegetation intended to be preserved. Streets/Access/Circulation - Yankee Doodle Road -Yankee Doodle Road (County Road 28) along the north edge of the site is a four-lane divided roadway with a raised center median. Full access with a center median opening is provided at the intersection of Wescott Woodlands/ Columbia Drive and Yankee Doodle Road. A secondary right-in/ right-out access directly to Yankee Doodle ~~a Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 12 Road is proposed and may be allowed by Dakota County, if its location meets the County access spacing guideline of 1/8 mile from a full access point. This development should be required to obtain a County access permit at time of final subdivision. Restricted access should be provided along the entire development adjacent to Yankee Doodle Road, except in the area of apossibleright-in/ right-out access location. Trip Generation/ Distribution -Based on the preliminary concept plan, with the mixture of housing types, an estimated 2,600 daily trips (Source: ITE Trip Generation, 7th Edition) would be generated by full development of this site, all directed to and from the north and west via Yankee Doodle Road or Lexington Avenue. Upon full development, about 1,200 vehicles trips would be added west to the Lexington Avenue/ Duckwood Drive intersection, about 900 trips added to the Wescott Woodlands/ Yankee Doodle Road intersection, and 500 trips at the proposed Yankee Doodle right-in/ right-out access west of Wescott Woodlands. The Wescott Woodlands/ Columbia Drive/ Yankee Doodle Road intersection is identified for full turning movements, and future signalization if warranted by traffic, in the Yankee Doodle Road Corridor and Access Management Study (2007). The current configuration of the Duclcwood Drive/ Lexington Avenue can accommodate the additional traffic generated by this development. Local Streets - To provide a neighborhood collector traffic system for the area (Lexington to Eh-ene, Wescott to Yankee Doodle), aneast-west collector street,. Duckwood Drive, will connect with Wescott Woodlands on the east edge of the site. Existing Duckwood Drive was designed and constructed as a collector street, with no driveway accesses or houses directly fronting on Duckwood Drive. The Carnage Hills development proposes to maintain this design standard. A north-south collector roadway was originally planned with the extension of Wescott Hills Drive near the southeast edge of the site to its connection with Wescott Woodlands and Yankee Doodle Road. While Wescott Hills Drive was originally intended to be a collector street, it was constructed as a typical residential street, with direct driveway accesses and houses fronting on the street. The City Council has not approved of the connection between Wescott Hills Drive and Wescott Woodlands with previous development proposals. While this development proposes to dedicate right-of--way for this connection between Wescott Hills Drive and Wescott Woodlands, its construction is not proposed with this development. Previously planned local street connections to Hunter Lane and Lexington Place South (Cardinal Way) are also not proposed. On the preliminary site plan submitted with the application, the developer is proposing a number of private streets built to the City's private street standards. The proliferation of private streets throughout the City in previous developments has resulted in homeowners' associations unable to adequately maintain them for optimum life expectancy. Increasingly, the City has been requested to take their maintenance over in consideration of the same taxes that they pay as property owners located on public streets. Allowing the provision of private streets should be a matter as determined by City officials. 173 Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 13 A11 streets within the development, public or private, if any, must be constructed in accordance with City code, with vehicle turnarounds to City and fire code requirements. PedestYian CiYCUlation -The preliminary site plan indicates trails and sidewalks adjacent to the higher-volume streets to provide pedestrian access throughout the site. These trails and sidewalks must be constructed in accordance with City engineering standards for width, structural dimension, and right-of--way dedication. The development proposal does not provide for a trail or sidewalk connection between Duckwood Drive to Yankee Doodle Road, or to Woodland SchooU Mueller Farm Park. Additional continuous trails or sidewalks are to be provided between proposed Duckwood Drive and Yankee Doodle Road, to increase pedestrian circulation and connectivity. Sanitary Sewer -Trunk sanitary sewer exists in Yankee Doodle Road to the north and in Wescott Road to the south. Lateral sanitary sewer has been stubbed to serve the site from Hunter Lane to the south, Wescott Hills Drive to the southeast and at the intersection of Wescott Woodlands and Yankee Doodle Road to the northeast. The City's Comprehensive Sewer Policy Plan (2000) shows the property can be served by three sanitary sewer sub districts, one to trunk sewer in Yankee Doodle Road and the other two flowing to the trunk sewer in Wescott Road. The Sewer Policy Plan identifies the upsizing of trunk lines within the Yankee Doodle Road trunk system to accommodate flows from this development and .other areas in this sanitary sewer district. The excess capacities available in the trunk sanitary sewer within Wescott Road and Yankee Doodle Road, and their associated, lateral sewer lines, have sufficient capacity to handle the average and peak flows from this site generated by the proposed mixed residential development and the surrounding existing development within the sub districts. Adequacy of the sewer depths, and sewer allocation to each of the trunk sewer lines, should be reviewed at the time of preliminary and final subdivision. A sanitary sewer system to serve the development must be constructed in accordance with the City Comprehensive Sanitary Sewer Plan, and City engineering standards. If sanitary sewer lift stations are required to utilize the capacity of all trunk sanitary sewer districts, to adequately serve the development, the stations must be installed at the developer's expense. This development should be responsible for the removal of all septic systems and wells, in accordance with City and County requirements. Water Main -Adequate trunk water main to serve the possible land use change has been constructed through and surrounding the property. Lateral water mains to serve the development for fire and domestic uses should be constructed in accordance with the City Water Supply & Distribution Plan, and City engineering standards. Easements/ Permits/ Right-of--Way -This development must dedicate all public right-of--way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. Iz~- Planning Report - Wensmann (Carriage Hills) May 27, 2008 Paee 14 This development must dedicate adequate drainage and ponding easements as necessary for the City to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. All public and private streets, drainage systems, and utilities necessary to provide service to this development must 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. If any improvements are to be installed under a City contract, the appropriate project should be approved by Council action prior to final plat approval. This development must be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. Financial Obli atg ion -There are pay-off balances of special assessments totaling $104,763 on the parcel proposed for platting. The pay-off balance will be allocated to the lots created by the plat. At this time, there are no pending assessments on the parcel proposed for platting. This development should accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of--way required with the plat: Im rovement Use Rate Quantit Amount Sanitary Sewer Lateral Rl-4 $29.50/ f.f. 2,590 f.f. $52,540' Water Lateral Rl-4 $29.80/ f.f. 2,390 f.f. $71,222 Water Lateral R2-4 $37.52/ f.f. 4,980 f.f. $182,3912 Storm Sewer Lateral R1-4 $35.95/ f.f. 2,590 f.f. $83,625~3~ Storm Sewer Trunk Rl $0.11/ sf 762,300 s 4 $83,853 Storm Sewer Trunk R2-4 $0.142/ sf 2,482,920 s 5~ $352,575 Total $826,206 ~1~ Per Agreement - $76,405 (2008 Fee Schedule) - $23,865 levied assessment (2) Per Agreement - $186,850 (2008 Fee Schedule) - $4,4591evied assessment (3) Per Agreement -$93,110(2008 Fee Schedule) - $9,485 levied assessment (4) 32.5 acres - 15 acres conservation easement (estimated) = 17.5 acres = 762,300 sf (s> 72 acres -15 acres conservation easement (estimated) = 57 acres = 2,482,920 sf A 7 Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 15 Parks and Recreation - Parks -The park dedication requirements for the development will be satisfied through the preservation of thirty acres of "open space". The open space is proposed to be located around the perimeter of the site and winding among clusters of the housing units. The open space is intended to function as a buffer and would consist primarily of small groves of trees, several ponds and expanses of low maintenance vegetation. To promote consistent and appealing stands of grasses, native varieties would be sown in as appropriate. The Developer has proposed that fee title ownership of the open space land would stay with a newly created Homeowners Association. A Conservation Easement would then be placed over the open space lands to protect and preserve them from future development and any activities that may denigrate them. Under such a scenario the primary responsibility for maintenance of the open space would generally rest with the Homeowners Association. Such maintenance could include the removal of noxious species and diseased trees in addition to general litter and debris removal. Maintenance responsibilities for the ponds and wetlands will be better defined once the primary functions of the specific ponds and wetlands are determined. At the current level of detail, there are no recreational facilities depicted in the proposal. The neighborhood park for this service area is considered to be Mueller Farm Park which shares amenities including a playground and ball fields with Woodland Elementary School. The park and school are located immediately to the southeast of the site, though due to the presence of an existing wetland and the configuration of the properties, no direct access exists. The primary access would be via a proposed connection to Hunter Lane and subsequently Greensboro Drive, a distance of approximately 1200 feet from the south property line of the development site to the park. A second park, O'Leary, is located approximately 2000 feet west of the site via existing trails on Denmark. A controlled intersection allows for safe crossing of Lexington Avenue. O'Leary Park provides neighborhood park amenities including a playground. Given the size and configuration of the development site it maybe appropriate to suggestion the inclusion of small "tot-lots" or other recreational amenities within the residential areas. Trails - In the current development plan, non-motorized pedestrian opportunities consist of sidewalks within roadway corridors. There also are a number of internal walks associated with several of the multi-unit clusters. In general, sidewalks are not given credit towards the trail dedication requirement of a development. To receive credit a trail must also have a tangible public benefit. The proposed alignment of the walks does provide for some connectivity to the existing Eagan trail system. Because of the physical size of the site there may be some benefit to the consideration of a trail system or segments that promote access to physical features both on and off the site including Woodland School and the nearby parks. The expansive lineal nature of the open space may also be conducive to a looping trail that. allows a more leisurely and scenic walk 172 Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 16 away from the traffic corridors. However, because the open space will potentially be owned by the Homeowners Association and under a conservation easement, a trail through the open space would necessitate further negotiation. Discussion points would need to include ownership of the trail, maintenance, seasons of use, public access etc. SUMMARY/CONCLUSION This proposal is submitted pursuant to a Contingent Settlement Agreement that was recently reached after two previous denials in 2004 and 2006 for land use amendment proposals for this site. The current proposal consists of a mixed residential development upon approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands. The application consists of the following requests: a. Comprehensive Guide Plan Amendment from P, Parks and Recreational Open Space to SA, Special Area #7 for Low, Medium and High density residential development b. Rezoning from P, Park to PD, Planned Development c. Preliminary Planned Development to develop up to 480 dwelling units comprised of a mix of single-family, twinhomes, townhomes, senior and multi-family units upon the 120-acre site. The proposed overall gross density of the development is four units/acre, and includes provisions for 30 acres of open space to beheld in conservation easement. The scale of the development necessitates preparation of an Environmental Assessment Worksheet (EAW), which will need to be completed prior to Preliminary Subdivision. Detailed plans for grading, tree preservation, storm drainage and water quality and wetland protection, landscaping, site lighting, building design and. architectural controls will need to be provided at the time of Preliminary Subdivision and/or Final Planned Development application. A homeowner's association will need to be established for the maintenance and ownership of all common property and open space, as well as the private streets, the townhome and rowhome lots and any monument signs or other common amenities. The proposed Planned Development zoning allows for deviations in development standards that result in a better overall development. The Site Plan submitted with this proposal is conceptual and lacks the level of detail typically included with a Preliminary Planned Development. The submission of various detailed development plans must be made prior to Preliminary Subdivision and Final Planned Development approval. The applicant has proposed one deviation at this time - reduced front yard setbacks for the twinhome and row townhome units. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from P, Parks and Recreational Open Space, to SA #7, Special Area, upon ~~~ Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 17 approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14. To recommend approval of a Rezoning from P, Park, to PD, Planned Development, for approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14 to be developed in substantial conformance with Exhibit 1. To recommend approval of a Preliminary Planned Development and Conceptual Site Plan consisting of a mixed residential development of up to 480 dwelling units comprised of a rnix of single-family, twinhomes, townhomes, senior and multi-family units for the approximately 120 acres located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14. If approved the following conditions should apply: General 1. This Preliminary Planned Development is contingent upon Metropolitan Council approval of the Comprehensive Guide Plan Amendment 2. The property shall be subdivided and platted prior to final Planned Development approval. 3. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans (Exhibit 2): • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan • Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) 4. A Final Planned Development Agreement shall be executed for each phase of the development prior to issuance of a building permit for the phase. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan • Final Off Street Parking Plan • Open Space and Maintenance Plan • Utility Plans (water, sewer and storm) ~~~ Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 18 5. An Environmental Assessment Worksheet shall be completed prior to Preliminary Subdivision or grading of the Property. 6. The developer shall submit Homeowner Association documents to the City Attorney for review and approval, prior to Final Subdivision approval, including transfer of all common area to the Homeowner Association. Airport Noise 7. Sound attenuation construction standards sufficient to achieve an interior sound level of 45 dBA shall be employed for buildings within the one-mile buffer area of the 60 dB contour. Lots 8. All lots shall have a minimum street frontage of 50 feet. 9. Single-family lots shall satisfy minimum R-1 zoning standards for lot dimensions and area. 10. Twinhome lots shall satisfy R-2 zoning standards for lot dimensions and area. 11. The detached townhomes shall provide lots that are a minimum of 60' in width with a minimum lot area of 6,000 sq. ft. per unit. Setbacks and Bulk Standards 12. Structure setbacks shall be consistent with those outlined in the City's zoning Ordinance for the corresponding type of housing as follows: Single-family (R-1 district), Twinhomes (R-2 District), Townhomes (R-3 District) and Senior and Multiple Family (R-4 District). Detached Townhomes shall be consistent with the following standards: Setback Detached Townhomes Front yard public street 30 feet 40 feet (Duckwood Dr.) Front yard (private street -from curb) 25 feet (through street) 20 feet (dead-end street) Side yard: Princi al Structure 10 feet Side yard: Garage/Accessory Structure 5 feet Rear yard: Principal Structure 15 feet Rear yard: Accessory Structure 5 feet 13. Minimum structure setbacks from Duckwood Drive shall be 40 feet. n~ Planning Report - Wensmann (Carriage Hills) May 27, 2008 Paee 19 14. Building coverage shall not exceed 20% for each single-family or twinhome lot, and 25% for each of the detached townhome units. 15. Building coverage for the townhomes and multiple family buildings shall not exceed 20%. 16. Building heights shall not exceed 35 feet. Multiple family structures may exceed 35 feet if the required additional setbacks are provided in accordance with the R-4 zoning district standards (an additional 3' for each 1' of building height over 35'). Parkin 17. The Final Planned Development shall provide for off-street parking in amounts that are consistent with the City's zoning ordinance. Additional off-street visitor parking shall be provided in the multiple family and townliome portions of the development. 18. Parking lot and pavement setbacks shall be a minimum of 20 feet from a public right-of- way to provide sufficient room for berming, screening, buffering and snow storage. Architectural Controls 19. Building elevation plans shall be provided with the Final Planned Development for each phase of the development. Such plans shall include specific architectural controls (i.e. design elements, building materials, etc.) that are consistent with the City's zoning ordinance, where applicable. Other Standards 20. This development shall comply with the provisions outlined in Section 11.70, Subdivision 21 of the City Code pertaining to site lighting, trash storage, walkways, interior storage space, etc. Detailed plans identified in Condition 4 demonstrating compliance shall be provided at the time of Final Planned Development. Landscaping 21. A detailed Landscape Plan, consistent with the design standards and specifications in the City's landscape ordinance (Section 11.70, Subdivision 12) shall be provided with the Preliminary Subdivision and Final Planned Development. 22. Consistent landscape design elements shall be incorporated throughout the site to provide visual connections between the various parts of this planned development. 130 Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 20 23. Berming and landscaping shall be provided along Yankee Doodle Road to provide a buffer between the multiple family buildings and this principal arterial. Gradin 24. Prior to final subdivision approval, detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes. 25. Prior to any grading of the Property, erosion control measures shall be installed and maintained in accordance with City code, City engineering standards, and MN Pollution Control permit regulations. 26. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 27. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/ Sediment Control site .management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Water Drainage 28. Storm water management systems for this development shall be constructed in accordance with the City Storm Water Management Plan (Dec. 2005), the City Water Quality Plan, and City engineering standards. Wetlands 29. In accordance with Eagan City Code §11.67 Subd. 4. B., the applicant shall have all wetlands fully or partially located on the site delineated by a Certified Wetland Delineator utilizing approved methods as stated in Minn. Rules Ch. 8420 and shall have all existing ' wetlands assessed utilizing the Minnesota Routine Assessment Method (Version 3.0 or later version). The delineation shall be completed prior to Preliminary Subdivision. 30. Any and all wetland delineations shall be conducted during the growing season (i.e., typically between April 15 and October 15) and shall be submitted to the City for review and approval. 31. Any proposals to impact any of the wetlands on the site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall be in accordance specifically with Eagan City Code §11.67 Subd. 5., Wetland Sequencing and Replacement Requirements and Eagan City Code § 11.67 Subd. 11., Wetland Submittal Requirements. ISI Planning Report - Wensmann (Carriage Hills) May 27, 2008 Paae 21 32. All of the wetlands on the site shall have Wetland Buffers in accordance with Eagan City Code § 11.67 Subd. 6. 33. All of the Wetland Buffers on the site shall satisfy Wetland Buffer Vegetative Requirements in accordance with Eagan City Code § 11.67 Subd. 7. 34. All of the Wetland Buffers on the site shall be protected in accordance with Eagan City Code § 11.67 Subd. 8. . 35. All of the Wetland Buffers on the site shall have markers in accordance with Eagan City Code § 11.67 Subd. 9. 36. The development of the site shall have wetland setbacks in accordance with Eagan City Code § 11.67 Subd. 10. 37. This development may be subject to cash dedications in lieu of the above wetland requirements, at the City's discretion. Water QualitX 38. There shall be no-net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site or 50 percent TP and 80 percent TSS must be removed from stormwater runoff, whichever is more restrictive. 39. The first one-half inch of stormwater runoff from any rainfall event shall be infiltrated or retained entirely on the site. 40. This development may be subject to cash dedications in lieu of the above water quality requirements, at the City's discretion. Tree Preservation 41. In accordance with the City's Tree Preservation Ordinance, Eagan City Code Section 11.10, Subd. 15.1, the applicant shall prepare and submit a Tree Preservation Plan with the Preliminary Subdivision application that: a. identifies all significant vegetation located on the application site, b. delineates limits .of land disturbance and tallies significant vegetation proposed to removed, c. provides for any required tree mitigation, and d. indicates measures to protect significant vegetation intended to be preserved. 1 S~, Planning Report - Wensmann (Carriage Hills) May 27, 2008 Page 22 42. In order to utilize a "floating number" system pertaining to the final number of mitigation trees required. Complete fulfillment of all required mitigation to be installed prior to final project completion. 43. The applicant shall continue to work with city staff to identify additional opportunities for preservation during the development and construction process. 44. Tree Protective measures (i.e. orange colored silt fence. or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 45. The applicant shall contact the City Forestry Division and set up apre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Streets/ Access/ Circulation 46. This development shall be required to obtain a County access permit at time of final subdivision. Restricted access should be provided along the entire development adjacent to Yankee Doodle Road, except in the area of a possible right-in/ right-out access location. 47. All streets within the development, public or private, if any, shall be constructed in accordance with City code, with vehicle turnarounds to City and fire code requirements. 48. Continuous trails or sidewall~s shall be provided between proposed Duckwood Drive and Yankee Doodle Road, to increase pedestrian circulation and connectivity. 49. All trails and sidewalks within the development shall be constructed in accordance with City engineering standards for width, structural dimension, and right-of--way dedication. 50. Direct driveway access to Duckwood Drive shall be prohibited. Sanitary Sewer 51. A sanitary sewer system to serve the development shall be constructed in accordance with the City Comprehensive Sanitary Sewer Plan, and City engineering standards. 52. If sanitary sewer lift stations are required to utilize the capacity of all trunk sanitary sewer districts, to adequately serve the development, the stations shall be installed at the developer's expense. )~3 Planning Report - Wensmann (Carriage Hills) May 27, 2008 Paee 23 53. This development should be responsible for the removal of all septic systems and wells, in accordance with City and County requirements. Water Main 54. Lateral water mains to serve the development for fire and domestic uses shall be constructed in accordance with the City Water Supply & Distribution Plan, and City engineering standards. Easement/Permits/Ri~hts-of--Way 55. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. 56. 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. 57. If any improvements are to be installed under a City contract, the appropriate project shall be approved by Council action prior to final plat approva1.57. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 58. The development shall dedicate conservation easements to the City, in a form acceptable to the City Attorney, over those portions of the site that comprise the 30 acres of open space. These areas shall be shown and identified as Conservation Easement Area on the Final Site Plan prior to Final Planned Development approval. Financial Obli ation 59. This development shall accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Im rovement Use Rate Quantit Amount Sanitary Sewer Lateral Rl-4 $29.50/ f.f. 2,590 f.f. $52,540 Water Lateral Rl-4 $29.80/ f.f. 2;390 f.f. $71,222 Water Lateral R2-4 $37.52/ f.f. 4,980 f.f. $182,3912 Storm Sewer Lateral Rl-4 $35.95/ f.f. 2,590 f.f. $83,625~3~ Storm Sewer Trunk Rl $0.11/ sf 762,300 s a $83,853 Storm Sewer Trunk R2-4 $0.142/ sf 2,482,920 sf~s~ $352,575 Total $826,206 Igo{ Planiung Report - Wensmann (Carriage Hills) May 27, 2008 Page 24 ~l~ Per Agreement - $76,405 (2008 Fee Schedule) - $23,865 levied assessment (2) Per Agreement - $186,850 (2008 Fee Schedule) - $4,459 levied assessment (3) Per Agreement -$93,110(2008 Fee Schedule) - $9,485 levied assessment (4> 32.5 acres - 15 acres conservation easement (estimated) = 17.5 acres = 762,300 sf (5) 72 acres -15 acres conservation easement (estimated) = 57 acres = 2,482,920 sf Parks and Trails 60. The development shall provide connections to the existing off-site Eagan trail system and access points at the perimeter of the development to primary off-site amenities. Connections points include the east and west end of Duckwood and Wescott Hills Drive to Yankee Doodle. Off-site amenities include Mueller Farm Park, O'Leary Park and Woodland Elementary School. 61. A looping trail shall be installed through 'the open space with multiple points of access for residents and the public, possibly including benches and other furnishings, ownership and maintenance to be determined. 62. Trail dedication shall be satisfied through a combination of on-site trails, exclusive of sidewalks, and/or a cash payment consistent with the Eagan fee schedule, to be paid at the time of final plat at the rates then in effect. 63. This development shall provide a maintenance plan, in a form acceptable to the City Attorney, for the open space that includes regular eradication of invasive and non-native species, enhancement of planted areas as appropriate, and routine maintenance including trash removal. 64. This development shall install "tot-lots" that include play structures in those areas with high concentrations of multi-family units. Such tot lots shall be maintained by the Homeowner's Association. 65. This development shall provide useable turf space in those areas with high concentrations of multi-family units, sufficient to allow for informal outdoor play. Such areas shall be maintained by the Homeowner's Association. I ~~ Eagan Boundary Location Map Right-of-way ~ParcelArea Park Area u Building Footprint 9 ~~ `~ e I~ L ~`~ 0 i ~~ a ~~,~ ~ ` ~ ~ ~ ~ '-' ~ !~ ~ ~ o ~'~ `~ ~ ` oo,~ o „~w o~ ~ ~Z ~ ii , l~ 8 a :.. `, ` (_J `//f'`1' ~ CO. HNfY. 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Q ~ ~ 9 ~ Q ~ Q ~ ~ Q9~c3 4 ~ ~, Q ~~ ~ 4 ~ `i'3 ~ ~ _ 4 i cSO ~ ~ c , 9 cs P : © © ~ 0 - o~ .. ~ 0 ww.... 4 © 4 II 6 P' t? o ® ° .8` a ~ ~ ti d ~ a o o n ~ o ~ 9 ~ ~ fl` G ~ © ~ `J ~ b.. ® ~ '! 4 a p :. ~ O ~ b (i o i,. ~ (3 fl Q ~ ~ p ~ e ~ o~ e ~ 9. I! o b l weeoart.wo rnaam wano ~ 0538 0. ^0©' m© 4f. Lp A ~' Cr' 4'S ~ P. P - Q p Q ~ ~,.--.n P a a Q ©- 4 a (~ p P • Q ca o © nn Ci d ': Q A V 4~ [~ I D f~ rn n Gl ~~,~ Fa i ~ a r, 1000 0 1000 2000 Feet Development/Developer: Wensmann (Carriage Hills) Application: Comprehensive Plan Amendment Case No.: 14-CG-03-04-08 1 ~ N City Of ~~~~Il "°C THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ & The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current and Proposed Comprehensive Guide Plan land Use Map Wensmann (Carriage Hills) 14-CG-03-04-08 Current Land Use Map _ ~ G=am ~ v IND IND t-Ji Kee oooo~e ao.l . HD ~ YO ®i ~,.. f-=_~ --' _ _ 6 -.. 0 q p p o 0 oe o ®e 9D® - g ~ ,.,K ~ e..i - .__- . HD LD Current Land Use Designation: ~. .4 P xD o~- o oa q ~ LD 41 0 Parks and Recreational Open Space ~ ~ -°°B® ° ~ ~e p ~° ND p ° p 4O•' q - ' Pn ~' m -~ee~- ~9 a°~ 41 ~ ~ 6 ~ P C' B D ~ ~ ~ ~ D P D ~ 6 v © 0 0 6 m i ° ~ © 0 s ~ .,, 9 u ~ do 0 a b 0 0 'e a o © 9 9 ® p E ~ 0. O 6 D 0 6 p 0 LD S c 600 0 600 2 0 Fe t - Q v o ~~ _ a Proposed Land Use Map ~a , ,.Ee~ ee~ae.l ~, A -- '~ - - ® ®b ~ ® d - • y.~~ ~o ~ ~~ 94 6 ®e v® e m9 ® uoe ® - - SA S 0 4 y + . ~ • s ~ ~ ~ © ? © - ~ Proposed Land Use Designation: ~ °" °°~ m ~ ` a ~Ca'S° O SA -Special Area _ ~ °°~ ~° e~ a ~ SA ® a ~ o C .Low Density, Medium Density .; ~ P ~ a o t ;~ ~ ~ ~ 4 and Hi h Density Residential ~ o - 9 t m Q g ^~ ~ ~ 4. a D g ©. © e .tr Qv 0 a o a ~ ®© ~ ° 3 Q o ~ a d 600 0 600 1200 Feet ® o- .0 a 9 ® ~ ® e © a 0 8 J ~~ ~~ ~ y City of Ea~~ Parcel base map information provided by Dakota County Land Survey Department 1?J29/05 Zoning information maintained by City Stall. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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J l~ ~ Y ~~~'~ 7 " ~ .-...~ .y, c1.9FiAV~_ - i= '~~ -~ ,. .. ~~ _ ...- ~; -~ ~r--~~~ _ . ~ . ~ _,~-.~ ~ ----- ~l ~ N &:_s ~~ ~~~ ~~ ~, ,,f ~,.,~ r ~ - '~: ~ tr-,~, -tea ~~7 ~~l Jr"Y~-„T;O ~"~7 _ _,. _. . i _ l' ~~ ~~~ -~~ ~3 3 ~ ~l d Ic-. . i, ,. __ ;. ...._ .... k..+~9 _ ~_ ~ :: __ _,_, 1~ - _ l ' -\ W ~~ ,~ nw 1~ a z ~. rw V V ~ N i P~ ~~~ ~ `~9~mio`z ~~~L~~od U1 U' m N~~ N m Y .~ G) .~ w ~~m ~~N° A-+ m 0 N cA ~i U ~~ 0 o N~ o~ ono 00 i~ r~ Carriage Hills Comprehensive Guide Plan Amendment Request P (Parks) to Special Area Rezoning Request P (Parks) to Planned Development Application for Preliminary Planned Development April 15, 2008 Owner: Rahn Family Partnership, LLP 3855 145' Street East Rosemount, MN 55068 651-437-4653 Developer: Wensmann Realty, Inc Mr. Terry Wensmann 1895 Plaza Drive, Suite 200 Eagan, MN 55122 Engineer: Pioneer Engineering Mr. Nick Polta 2422 Enterprise Drive Mendota Heights, MN Background: Wensmann Realty, Inc and the Rahn Family Partnership, LLP have been working to create a residential development plan for the former Carriage Hills Golf Course that will be responsive to both neighborhood concerns and those of the City of Eagan. We feel the enclosed plans address those concerns and previous objections. This process began in September 2004 with an original application request for a Comprehensive Guide Plan amendment. At that time, the City of Eagan Planning Commission and City Council held public hearings regarding the request and thereafter it was the decision of both the Planning Commission and City Council to deny the application as submitted. Since that decision, Wensmann Realty, Inc. has re-worked the development plan several times in an effort to address the concerns and desires of the greater community and to preserve as much open space as possible. The enclosed site plans demonstrate that Wensmann Realty, Inc. has been able to attain the desired goals. /~ RECEIVE Comprehensive Land Use Designation & Rezoning Request Weissmann Realty, Inc ("Weissmann") is requesting an amendment to the current Comprehensive Guide Plan from the current Land Use Designation of "P" Park to a designation of "Special Area". We are also requesting to amend the zoning from the "Park" designation to "PD" (Planned Development) and also applying for preliminary planned development. The requested designation will not be inconsistent with the developments of varying densities that surround the site. To the west and to the east just south of Yankee Doodle Road are multiple family developments zoned R-4 and designated HID, High Density and MD, Medium Density. To the southwest, south and east are single family developments with zonings of PD, Planned Development, and R-1, Single family residential and a land use designation of LD, Low Density. To the north across Yankee Doodle Road is Faithful Shepherd School, zoned BP Business Park. The following existing uses, zoning, and Comprehensive Guide Plan designations surround the subject property; Existing Use Zoning Land Use Designation North School BP, Business Park BP, Business Park South Residential PD, Planned LD, Low Density Residential Development East Residential; Mary R-l, Single Family LD, Low Density Residential; Mother of Mercy Residential; LB, 0/S, Office Service Shelter Limited Business West . Residential R-4, Residential HID, High Density Multiple; PD, Planned Residential; LD, Low Density Development Residential; Plan Overview The development, as proposed herein and illustrated on the attached Site Plans, does not exceed the maximum requirement under the LD designation of 4 units/acre, or a maximum number of residential housing units of 480. The Life-cycle housing mix incorporated in the plan includes: 41 Single Family Homes (min 85' wide lot) 52 Detached Townhomes (min 60' wide lot) 39 Luxury Twinhomes (three detached) 96 Row Townhomes 72 New Urban Townhomes 60 Senior Housing Units 120 Other Housing Units /a~ Z 77 (? 4 Because of neighborhood concerns, a key element to this plan is the amount of open space and buffer area created between the existing and proposed housing. The buffer area will be seeded with low-maintenance native grasses and left natural in most areas. The attached plan is a guideline for the proposed development. As final engineering plans are completed and market conditions change, the plan may be adjusted or modified slightly. The following primary features of the plan will not change: 1. The open space buffer between the existing and proposed housing. 2. The low-density housing will be developed toward the south third of the development, the medium-density will be in the middle third area and the higher density in area to the north. 3. The total number of housing units will not exceed 480. The open space buffer will be protected by a conservation easement over the land to preserve it and not allow for any future development. The development will be done in a number of phases. Tt is difficult to know at this time what the first phase will be: Market conditions at the time will determine the phasing of the project and it is expected that completion of all phases will occur within S - 6 years, again depending on market conditions. Neighboring properties on the south and west sides of the development will benefit by plan design that includes much of the existing foliage and open space buffer. Homes along the East property line are separated by Westcott Woodlands. Open space buffers will be retained along the majority of the road. The twin homes in the southeast area of the Site Plan have incorporated additional set-backs as buffering to the existing homes. During the preliminary plat and final plat stages, some variances maybe requested and required as part of the PD. These include: Private streets 28' front to front or 30' back to back per plan, or Public streets with reduced right-of--way and bump out parking areas Reduced front yard setbacks for twin home lots to 15" due to Side load garage design Reduced front yard setbacks for Urban Row Town homes -Plan Design has no unit garage doors requiring street frontage Duckwood Drive will be extended to Westcott Woodlands and is designed as a public collector street 44' in width with no driveways to access of housing fronting the street. Right-of--way will be dedicated to the south for future connection of Westcott Woodslands, however the proposal does not anticipate construction of this connection, just the availability for the future. ~' Previous Community Issues Addressed Traffic Traffic issues regarding the intersection of Westcott Woodlands and Yankee Doodle were addressed previously. This plan may help alleviate congestion at the intersection by increasing daily traffic counts to warrant a light at the interchange. The complete report performed in 2004 by RLK-Kuusisto, Inc. has not significantly changed with the new design. Schools There were concerns that the Eagan School District did not have the capacity to accept enrollment of new students from this development. The table below demonstrates that the district does have the capacity: School Capacity Actual 2007 Projected 2008 2009 2010 2011 2012 Glacier Hills Elementary 615 470 487. 454 431 432 437 Woodland Elementary 660 464 438 476 486 489 495 Dakota Hills Middle 1255 1277 1178 1139 1117 1122 1122 Eagan High School 2215 2225 2250 2198 2156 2124 2082 Carriage Hills is located in Independent School District 196 (ISD 196). Specifically within the following schools service areas: Glacier Hills Elementary School, Woodland Elementary School, Dakota Hills Middle School, and Eagan High School. ISD 196 has provided the 2008 - 2012 Projected Enrollment for these Schools. Water Runoff Concerns The Lexington Place Condominiums(north of Duckwood between Lexington Avenue and the golf course) have had problems with drainage since the buildings were occupied Many of the surrounding neighborhoods are utilizing wetlands as stormwater treatment basins. This was accepted practice when those neighborhoods were constructed: With the implementation of the 1991 Wetland Conservation Act (WCA) and the Clean Water Acts, National Pollutant Discharge Elimination System (NPDES) this is no longer the case. This legislation was enacted to preserve, protect and enhance existing wetlands and stormwater discharges. This project will need to adhere to a series of best management practices and strict regulations that encompass these acts. This includes the construction of stormwater management basins to pretreat stormwater before discharge into any I ~ ~ ~ ~ ~. ~~ ~ ~ ~ ~~~ wetland or offsite. A preliminary analysis indicated that approximately 5.3 acres will be set aside for stormwater management basins. These basins if designed correctly often times mirror the functions and aesthetics of wetlands. As an example, Wetland H on the site was created in 1999 with the reconstruction of Wescott Woodlands and is now considered a Type 3 -inland shallow marsh These stormwater management basins coupled with the existing wetlands serve the purpose of mitigating the increased runoff produced from the development of impervious areas. The City's Stormwater Management Plan regulates flow rates off of the site to existing conditions. This ensures no flooding downstream of the site. This plan has also anticipated the storage volume required for the site. As such it is deemed feasible to meet the stormwater requirements of the site. A detailed hydrology study will be done if the site moves to the EAW stage. The storm sewer/wetland construction will be designed to the standards and require the permits of the following: • City of Eagan Public Works Design Manual and Specification • Standard Utilities Specifications, City Engineers Association of Minnesota • NPDES Permit; Minnesota Pollution Control Agency (MPCA) • WCA Permit, City of Eagan • Protecting Water Quality in Urban Areas -Best Management Practices, MPCA (1983). These problems have included; excessive surface water collection in and around walk areas; excessive surface watex in garages, entryways, and residences; and displacement of porches and patios by frost action. In 1994 the Association hired Project Engineering and Management, Inc. (PEM) to determine the cause of the problems. Their evaluation lead to the following conclusions: Based on the results of visual inspection, soil borings, and engineering surveys, the principal cause of the water problems experienced at the Lexington Place Condominiums appears to be the result of poor planning of local drainage during the original construction of the complex. Poor drainage planning includes: • improper grading at terrain surrounding the condominiums and garages; • improper grading at drive ways to provide for proper flow of rainfall and/or melt off • proper backfill material was not used around the foundations and under porches and/or patios; and • buildings are not equipped with sufficient gutters to carry rainfall away from building. The combined effect of these factors has contributed to the water problems being experienced at the Lexington Place Condominiums Complex. Since that time the Association.has instituted the recommendations in PEM's report. These included regarding drainageways; installing draintile; removal and replacement of structures placed on new competent soils. _ - ~, ~ _ 5 11 There appears to be no direct contribution from the previous golf course to the problems that the Lexington Place Condominiums experienced. The site does not drain into or around the buildings in question. Wildlife and Tree Preservation Pioneer Engineering completed a habitat assessment on 2004. The conclusion of the report is that the same species that currently inhabit the property are likely to continue. The species found on site are commonly found in residential areas, especially areas with park and open spaces. A method of tree preservation that would be implemented on this property would be the transplanting ofnon-significant sized hardwood and evergreen trees. From preliminary inspection for tree moving, it was determine that approximately (80) trees that range in DBH (diameter at breast height) size from 2.5" to 5", could be moved and used for landscaping or reforestation on the site. Tree transplanting would need to take place outside of the growing season and happen in two stages. The first stage the trees would be stockpiled into a temporary nursery setting and maintained until the site is ready for the final placement of the tree spaded. Ezistin~ Infrastructure Sanitary Sewer There is sufficient capacity and. depth within the existing trunk and lateral sanitary sewer to accommodate the proposed development. In fact there is capacity for 771 units within the two trunk district for this site. The five existing lateral sanitary sewers terminating in the site will minimise the depth of the proposed sanitary sewer for the development. These laterals will be extended into the site to serve the development. The breakdown of use of each individual lateral and therefore trunk line will be determined with the final construction plans. The sanitary sewer construction will be designed to the standards and require the permits of the following: • City of Eagan Public Works Design Manual and Specification • Sanitary Sewer Extension Permit ,Metropolitan Council Environmental Services • Sanitary Sewer Extension Permit, Minnesota Pollution Control Agency • ~ Standard Utilities Specif cations, City Engineers Association of Minnesota. Watermain There is sufficient capacity within the existing trunk and lateral water main to accommodate the proposed development. The residual pressures range 54-61psi, with the static pressure of 66-74 depending consistent with the surrounding areas, providing the required fire flows of 500-100 gpm. To ensure maximum flow rates internal looping and ltd ~~ 6 / ~ ~ ~ ~ e~v 0 ~ ~~€il8 connection to all available laterals will be incorporated in the. fmal design. The trunk watermain was already installed and assessed to this property. The water main construction will be designed to the standards and require the permits of the following: • City of Eagan Public Works Design Manual and Specification • Watermain Extension Permit ,Minnesota Department of Health • Standard Utilities Specifications, City Engineers Association of Minnesota. The City's Comprehensive Sewer policy Plan (2000) shows the subject property can be serviced by three sanitary sewer sub districts, one to a 12" trunk sewer in Yankee Doodle Road and two from the 10" trunk sewer in Wescott Road. The site has several sanitary sewer laterals stubbed to service the site; on Wescott Woodlands to the west; Duckwood Drive that currently services the clubhouse; the north end of Westcott Hills Drive; at the end of Hunter Lane to the south. The capacity in the available trunk sanitary sewer, and associated lateral sewers have sufficient capacity to handle the average and peak flows for up to 771 residential units. The allocation of these units, across the varying capacities of the available trunks and laterals will be determined with the site plan of any development. The City's Water Supply and Distribution Plan (1996) shows the property is serviced by two trunk water mains, an 18" water main along Yankee Doodle Road; and a 16" water main that bisects the golf course from Duckwood Drive to Wescott Woodlands along the clubhouse driveway. In addition the site is serviced by lateral water mains; Hunter Lane to the South; Wescott Hills Drive in the south east; and Wescott Woodlands across from Rose Hill Court to the west. The City's Storm Water Management Plan (1990) shows the property with 6 basins to be used for stormwater management. These basins are to serve two main purposes; controlling water quality; and managing water quantity. This is accomplished through storage and flow attenuation. The on site basins range from Class V to Class VII Basins. The Stormwater Management Plan defines these classes as follows: • Class V -Nutrient Trap (Nutrient removal efficiencies greater than 50%) • Class VI -Sediment Basin (Nutrient removal efficiencies between 30- 50%) • Class VII- Storm Water Storage (Nutrient removal efficiencies negligible) Currently the onsite basins treat the stormwater from the proposed development site as well as stormwater from Wescott Woodlands. Many of the basins do not have piped outlet. These outlets show as future construction in the stormwater management plan. Conclusion In closing, after consideration of the information presented in this request, we ask for your support of this proposed plan. ~ ,rF ~ ~ 7 ~¢~ ~~ ~~ „ 9 ~ " ~ ~~A~~ I~ STATE OF It~1INNESOTA COUNTY OF DAKOTA Wensmann Realty, Inc. a Minnesota corporation, and Rahn Family LP, a Minnesota Limited Partnership, Plaintiffs, v. City of Eagan, a Minnesota municipal corporation, Defendant. DISTRICT COURT FIRST JUDICIAL DISTRICT Court File No: 19 C4-04-10035 AMENDMENT TO CONTINGENT SETTLEMENT AGREEMENT THIS AMENDMENT TO THE CONTINGENT SETTLEMENT AGREEMENT dated March 14, 2008, between the parties to the above-captioned lawsuit (hereinafter called the "Amendment") is made and entered into by and between Plaintiffs Wensmann Realty, Inc. and Rahn Family LP ("Plaintiffs") and Defendant City of Eagan ("City"). RECITALS A. The City and Plaintiffs entered into a Contingent Settlement Agreement dated March 14, 2008, in settlement of the above-captioned lawsuit.- B. Paragraph 4 of the Contingent Settlement Agreement, Plaintiffs or their representatives are required to prepare and submit to the City applications for amendment to the Comprehensive Plan for a Special Area Plan, rezoning and Preliminary Planned Development for the property described in the Contingent Settlement Agreement. Since the date of the Contingent Settlement Agreement, the parties have determined that all of the application steps called for by Paragraph 4 should not be undertaken prior to the occurrence of the bond referendum. NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, the City and Plaintiffs agree as follows: AMENDMENT. The parties agree that Paragraph 4 of the Contingent Settlement Agreement shall be amended to read as follows: C:\Documents and Settings\terry\Local Scttings\Temporary Internet Files\OLK2\Amd2St18403.doe ~y9 .u 4. Application. Plaintiffs or their representatives will prepare and submit to the City, in the form and manner required by City Ordinances, an application for amendment to the Comprehensive Plan for a Speciat Area Plan and rezoning to Planned Development consistent with Exhibit C (the "Application"}, The Application shall be submitted to the City for approval by April 16, 2008, Plaintiffs shalt pay all normal fees in connection with the Application. If the City approves the foregoing Application and the bond referendum is nat approved, the Plaintiffs shall make applications for subsequent approvals required by City Code or other applicable regulations, including without limitation, environmental review, preliminary and final plat and Flanned Unit Development, and shall comply with all City Code requirements and pay required fees, but Plaintiffs shall not be required to dedicate land or pay cash under the park dedication statute other than as shown on Exhibit C. The City's failure to place the bond referendum on the November, 2008 baIlot shall have the same effect as the voters not passing the referendum. RATIFICATION. Except as expressly amended hereby, the Contingent Settlement Agreement remains unmodified and in full force and effect. IN WITNESS Wf-IEREOF, each party to this Agreement has caused it to be executed on the date indicated below; WENSMANN REALTY, INC. Dated: ~~f~ ~~ Dated: Its: G.fF a :G ~~ ~.r.~iw~ RAf1N FAMILY L.P. By: Its: 2 4. Application. Plaintiffs or their representatives will prepare and submit to the City, in the form and manner required. by City Ordinances, an application for amendment to the Comprehensive Plan for a Special Area Plan and rezoning to Planned Development consistent with Exhibit C (the "Application"). The Application shall be submitted to the City for approval by Apri116, 2008. Plaintiffs shall pay all normal fees in connection with the Application. If the City approves the foregoing Application and the bond referendum is not approved, the Plaintiffs shaII make applications for subsequent approvals required by City Code or other applicable regulations, including without limitation, environmental review, preliminary and final plat and Planned Unit Development, and shall comply with all City Code requiremeirts and pay required fees, but Plaintiffs shall not be required to dedicate land or pay cash under the park dedication statute other than as shown on Exhibit C. The City's failure to place the bond referendum on the November, 2008 ballot shall have the same effect as the voters not passing the referendum. RATIFICATION. Except as expressly amended hereby, the Contingent Settlement Agreement remains unmodiSed and in full force and effect. IN WITNESS Wl-IEItEOF, each party to this Agreement has caused it to be executed an the date indicated below: WENSMANN REALTY, INC. Dated: Dated: 7f /~- O'~ ay: Its: RAHN FAMII,Y L.P. /~ y: _~ e~YhL 0 ~ `~-,~Q-iil~ /f'r ~71''~eivcc~ ItS: •z'~,! ~,4-eT ~s G lZ' r4y~rA.v D /`~¢ ey-t~/ !~'~ P-agar-+~C~- /a~ ~ THC 2iAjsaJ 2 Ol~( ~~~ Dated: ~~ f ~5 / °~ Dated: ~`f~l S l D Attest: Dated: ~~- ® ~ A An L y J. Gleekel (#185395) William Christopher Penwell (#164857) SIEGEL, BR.II,L, GREUPNER, DUFFY & FOSTER P.A 100 Washington Ave. South Suite 1300 Minneapolis, MN 55403 Attorneys for Plaintiffs Wetrsmauttt Realt} ; Inc. and Rahn Fcunily LP CITY OF EAGAN By: Its: Mayor c ~. -~L~~--~ City Clerk ....~ Geor C. (#458 Justin L. Templin (#0305807) HOFF, BARRY 8c KOZAR, P.A 160 Flagship Corporate Center 775 Prairie Center Drive Eden Prairie, MN 55344 tel: (952} 941-9220 and John M. Baker (#174403} GREIENF. ESPEL, P.L.L.P. 200 S. Sixth Street, Suite 1200 Minneapolis, MN 55402 (612) 373-0830 Attorneys for Defendant City of Eagan 3 ~~ /7 Carriage Hills Special Area Background This Special Area consists of a 120-acre site located south of Yankee Doodle Road and west of Wescott Woodlands in the west half of Section 14. A golf course was established on the Special Area Property in the early 1960s. Construction began in 1962 and it opened as a 9-hole course in 1965, expanding to its present 18-holes two years later. The 120 acre site was rezoned from Agricultural to Public in 1962, at the request of the property owner, for the purpose of constructing a golf course. In conjunction with the Comprehensive Guide Plan update in 2001, the zoning ordinance was amended to establish a zoning district for parks and recreational open space (P, Park District) to correspond with the new land use designations of P (Parks, Open Space and Recreation) and PF (Public Facilities). The P zoning district allows golf courses as a permitted use. As a Special Area, policies are adopted to guide the transition of former golf course land to a future mixed residential development. The intent is to allow a variety of residential development to occur within the parameters of the Preliminary Planned Development that also provides for preservation of open space within the Special Area. General Area Description: Existing Land Use The 120-acre site is generally open with wooded areas, wetlands, and rolling topography. The site was previously cleared for golf course use and consisted of maintained turf; however, within recent years, the golf course is no longer in operation and the area has been left in a natural state, with regular cutting of the grasses in the open areas. Approximately 25% of the site contains mature woodlands, individual trees and/or wetlands. Existing buildings within the Special Area Property include the clubhouse, office, shed and maintenance facility which are located in the central portion of the site. Access is currently provided from the east off Wescott Woodlands and from the west at Duckwood Drive. Surrounding Development Residential developments of varying densities surround the Special Area to the west, south, and east. To the west and to the east just south of Yankee Doodle Road are multiple family developments zoned R-4 and designated HD, High Density and MD, Medium Density. To the southwest, south and east are single family developments with zonings of PD, Planned Development, and R-1, single family residential, and a land use designation of LD, Low Density. To the north across Yankee Doodle Road is Faithful Shepherd school, zoned BP, Business Park. Transportation The study area lies adjacent to a County Road and has access to several local streets. Direct access to Yankee Doodle Road is subject to approval by Dakota County and maybe restricted to ensure safe circulation and traffic flow. Environmental The property is located within two drainage basins ultimately draining to LeMay Lake and Fish Lake. There are several storm water basins within the area which could be modified with development. The requirements of the State Wetland Conservation Act apply and will be evaluated relative to a specific development proposal at the time of subdivision. Development is also subject to the City's Tree Preservation Ordinance at the time of subdivision. Preservation of significant trees and woodland areas is encouraged, however, where tree removal is necessary, relocation and replacement of trees to meet mitigation requirements is allowed. ~~rri~ ~ ~~fl~~ A~ ~ ]1~3 t~a~ t Airport Implications The Special Area Property lies approximately four miles southeast of the Minneapolis/St. Paul International Airport and is within the Airport Noise Policy Buffer Zone based on the new land use compatibility guidelines adopted by the Metropolitan Council, which incorporate the 2007 Noise Policy Contours. Under the new guidelines it is anticipated that new residential uses with individual entrances will remain conditional uses within the Buffer Zone. Development of new residential uses with shared entrances, such as typical apartments, are anticipated to be considered either provisional or compatible uses. Vision Plan: The Carriage Hills Special Area envisions a cohesive, mixed-use residential development consisting of a variety of lifestyle housing types, with significant areas designated as permanent open space. The final design, layout, and density of development within the special area will be determined by specific requirements incorporated into an approved Planned Development Agreement for the area. Land Use The approved land uses for the area consist generally of 30 acres of Low Density Residential (0-4 units/acre), 30 acres of Medium Density Residential (4-12 units/acre), 30 acres of High Density Residential (12+ units/acre), and 30 acres of open space. Conceptual Plan/Unit Mix A Conceptual Plan showing a general layout for the Carriage Hills Special Area is incorporated into the Preliminary Planned Development Agreement for the area. The conceptual plan identifies a mix of housing ranging from single- family detached units to multiple-dwelling senior housing, apartments and condominiums. Car~°~a~e U~IIs Sp~~~~~ A~ __a . _ ~~~' ~~~ y ,~.._ :~ r ~~~ ~` -:~ a+ ft ~. ,~ ~ ~'„: `., ,k~ ~~~ w ~'~'~' ~~ ~:~ , ~' ,:,~ ~ .~ " ~~~ ,- ~ ~,. ~~~ ~•.c '`a ~ .r ~~ Sti ~~'~ '~ W cs `cx w L"J W D ~: .~ Fk ,~ =- N- :. ~-., General Land Use Plan 1°~ w rZ W ca ~" "" ~~ ~. ~ YT ~. .~ ~ »2 , i ~~ r a ` ., ~, Goals and Policies: 1. The City's goal is to maintain the integrity of environmentally sensitive areas. 2. To the extent possible, new development shall respond and strive to retain the natural features of the area including wetlands and mature vegetation. 3. To the extent possible, buffering will be provided to existing perimeter residential uses. 4. The City's goal is to promote and encourage Active Living through the incorporation of amenities within the Special Area. General Acreages/Unit Mix Low Density Residential: 30 acres Single Family Detached: 42 Twin Homes: 38 5. Pedestrian and bicycle movement shall be integrated throughout the Special Area. 6. Adequate visitor parking shall be integrated within the Special Area. 7. Consistent architectural standards for medium and high density residential uses shall be present throughout the Special Area. Medium Density Residential: 30 acres Small lot Single Family Detached: 52 Row Townhomes: 96 High Density Residential: 30 acres Apartments/Senior: 180 New Urban Townhomes: 72 Open Space: 30 Acres ~"~ ~~ ~ 8. Uniform design elements, providing identity and cohesiveness, shall be incorporated in the Special Area. 9. Development within the Special Area shall incorporate sound attenuating construction techniques, as warranted. ~~a~~£', A __ G L ~ ~ ~ ~~ ~~ n~ ~ ~~~~ i ,/ j ~~~ From: 05!2612008 22:09 #318 R.002l002 May 26, 2008 To: Advisory Planning Commission From: Jeff Pohland 3425 Golfview Drive #305 Eagan, Ml~ 55123 Re: Wensmann Realty File Number: 14-CG-03-04-08/Comprehensive Guide Plan Amendment File Number: 14-RZ-O1-04-OS1Rezoning File Number: 14-PD-O1-04-08/Preliminary Planned Development I fully oppose the development of Carriage Hills Golf Course. I believe nothing has changed since 1996 when over 4,000 citizens made it abundantly clear that they opposed the golf course development. The following support my position: 1} Studies show property values will be negatively impacted on properties surrounding the golf course. 2) The increase in people and vehicles will result in more congestion, traffiic and road noise in an already increasingly congested area. 3) The loss of open green space is NUT acceptable. Once it's gone, it's gone. Eagan is overdeveloped as it is. The golf course is designated as a Public Facility and needs to remain zoned as such. There is very little or no benefit in developing the golf course. I request the Advisory Planning Commission to recommend to the City Council to deny Wensmann's request to.amend the City of Eagan's Comprehensive Guide Plan and to reject the rezoning and the preliminary planned development. Thank You. Sincerely, ~~ GT/ Jeff Pohland ®~ Ma ~ 2Z, 2008 ~ear~dvisor~ t~~av~,wi,w~ cowLwLissiov~ Mevu.bers, ~ Live wear the sight proposed for rezowiwc~ ivy, the couwtr~ I-towt.es o f Lexiv~,~tow ~~ace cowdos. ~t the presewt tiwt,e, wt.~ secov~,d floor cov~,do wiwdows provide a view of trees, a~n,iv~.ais, awd grass. ~ ewjo~ the I,uxu.r~ of haviwr~ ow~~ wil,d ~~ fe peeriv~,r~ ivy, vu.~ wiwdows. There are wo huwt.aws ivy, view uw~ess v~.~u wei~hbors are out ow their ba~cow~. Needless to sad, i would Love to have wiv~,v~,iv~,~ ar~uwt,ev~ts to seep this area a greew space. ~ could sad that Eac~aw was attractive to wt.e over a decade ar~o whew ~ was purchasiw~ a favu,il,~ howt.e. i Lived iv., the wi~derv~,ess R.uvL rzoad area awd had Thow~.as Lade, Trapp ~arw~., awd H-o~~awd Lase easi~~ accessible to wt,e awd w~.~ favu.il,~. It is owe o f the parts o f the cowt.w~.uv~,it~ that ~ fouv~d awd fiv~,d wLOSt appea~iw~. Maiwtaiv~,i~n,r~ this area as park, bawd or at Least a ~reev~. space wouid be ivy, character with priorities that ~ believe were howored ~w the deveiopv~.ewt of ~a~aw. H-owever, ~ recor~wize the sei fish watu.re o f wL~ request to seep it opew La wd. i cove what exists wow av~,d shudder at the thought of iwcreased traffic, reduced privacy, additiov~,ai v~,oise, av~,d Loss of ~reew space. M(~ vote would be to wt.aiwtaiw this area as par~2 awd recreatiowa~ opew space. ~ uwderstawd this couid v~,eav~, av~, iwcrease iw taxes to support such aw idea. would support that wecessit~ to w~.aiwtaiw ctual,it~ o f ~i fe as we~~ as the uwictuevLess o f wt.~ property. Thaw, you. 5iv~,cerel.~, .4v~.v~,e Towv~,er 3~~~ g(,ueJa~ wa~u ~t,v~.it 20~ Ea~aw, MN 55'123 ~~~- ~v~ ~ ~~ f~ ~~ ~ ~~l C, Stephanie Devine 3620 Falcon Way Eagan, MN 55123 Attn: Advisory Planning Commission Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Dear Commission Members: RE: APC Meeting, Tuesday May 27t'', 2008, Carriage Hills Amendment Unable to attend Tuesday's meeting, I write to express my concerns about the proposed amendment and thank you for the opportunity to do so. As a neighbor bordering the Carriage Hills property since 1998, it moves and saddens me greatly that we as citizens continue to battle for the future of this space. Carriage Hills is an undeniably beautiful recreational space and should remain as so. The present owners' claim that they were unable to operate a profitable golf course angers me to no end. To be frank,. it is the common view of neighbors around here -..those who had the opportunity to observe firsthand the day-to- day running of that course -that it was never the owner's intent to operate a genuine business. I am tired of havingmy intelligence insulted by their lawyers and by Mr. Wensmann claiming that the community would not support the course. Rubbish! Never in all my time here did I see or receive anything like an advertisement, flyer, or anything of the like. The course kept odd hours, to say the least, and we've all heard (and could easily observe) how the grounds were kept in "sub-par" condition, and I believe that is putting it kindly. People these days are smart about how they want to spend their money. Golf is still as popular as ever, but obviously people are going to spend their money at the place that wants their business. On the one occasion where I did receive notice of an event taking place at the course, it was to a craft fair being held in the club house. Eagerly I went along. I recall marveling at the beauty and tranquility of the setting. With very little in the way of improvements, that club house could have made a gorgeous venue for all kinds of social functions. Our Eagan Community Center. brings in money hand over fist for just this kind of thing. Surely our community would support and welcome another venue of this kind? Greed at the expense. of your .neighbors is - as Martha .Stewart. might say - "NOT a good thing." That is exactly what the Rahns and the Wensmanns .are trying to achieve here. I believe no one with a good amount of commonsense, would like to see this beautiful area be paved over into yet another suburban development. Could the timing be any worse for building yet more housing~in Eagan? Where is the need? ~~~0 LJ ~i~,Y ~ ~ 200 act The need is for Carriage Hills to remain a recreational space. I am writing to tell you how very happy I will be to join together with my fellow citizens and pay Mr. Rahn his 10. 25 million dollars to see him go away and allow the city to regain control of this special and vital area. Consider the many benefits to our city this would allow. The club house could remain and with just a few improvements serve as a neighborhood venue as I mentioned previously. The sky is then the limit for what else the area could provide. It could be whatever the citizens and the Parks Commission wanted it to be. I'm sure Eagan could do with a few more soccer fields, for example. Even another swimming pool. Tennis courts, nine-hole golf, walking and biking paths, (the space provides a unique corridor which connects various neighborhoods), askating rink, sledding and skiing hills. And all this right in the heart of Eagan. Time and time again, Eagan residents state clearly that this is what we want in our community, that this is why we choose to live in our community. As a mother of young children I know that this issue means very much indeed to our young people. Our kids want to be able to come back to Eagan 20 years from now -even longer -and witness a community that bears a resemblance to the one they grew up in. Children now are sensitive to American's tendency for over-consumption -for over-building -and indeed they should be. It is up to us to set the good example. We must make this small investment now for the future good of the community. This is a year for change. Please hear how citizens like myself want so very much to maintain the quality of our beloved community, its peacefulness and the semblance to the farmland it once was. Yours sincerely, _.i ~ - Mrs. Stephanie Devine 2 ~V Page 1 of 1 Pam Dudziak From: Jeff Pohland [jeffpohland@yahoo.com] Sent: Thursday, May 29, 2008 6:07 PM To: Pam Dudziak Cc: Dan Bailey; Claudia Battaino; Neil Charpentier; Roxanne Glover; Mike Haugen; Sarah Huggins; Mary Jo Koplos; John Palmer; Michael Rand; Jim Taylor; Rachael Thorpe-Newman; Teresa Jerome Subject: Carrige Hills Golf Course Development Hi Pam, I have reviewed the Planning report dated May 22, 2008. I have some questions regarding the proposal. Seemingly, the developer will bear the costs of developing the property in the areas of sanitary sewers, water and easements/permits/right-of--way. What, if any, financial burden will there be to the taxpayers. Which taxpayers will be affected? That is, taxpayers whose homes surround the golf course. The project is estimated to be completed in 5-6 years. What kind of a performance bond will the city require to insure the project is finished? If the voters pass the referendum to keep Carriage Hills green space, how long is the bond term and what is the cost of the bond to taxpayers? 5/30/2008 ael Page 1 of 1 Pam Dudziak From: Jeff Pohland [jeffpohland@yahoo.com] Sent: Thursday, May 29, 2008 6:40 PM To: Pam Dudziak Cc: Dan Bailey; Claudia Battaino; Neil Charpentier; Roxanne Glover; Mike Haugen; Sarah Huggins; Teresa Jerome; Mary Jo Koplos; John Palmer; Michael Rand; Jim Taylor; Rachael Thorpe-Newman Subject: Carriage Hills Golf Course Development/Part II Hi Pam, I sent my first e-mail not quite complete when I hit the send button rather than the save as a draft button. Following is taken from the Carriage Hills Coalition Website. It brings up some very good points. What has changed? Since then there has been nothing publicly said on the issue until now. The Eagan City Council has decided to negotiate rather then stick with their past commitment of defending the open space through the court system until they lose. The City Council says legal fees on both sides are large and could grow much larger. If the City lost in court, Wensmann could only build the initial proposal which this sounds Bice it is close or worse. Eagan is part of a larger community legal fund that several cities contribute so to cover legal situations just like this one. Isn't to the City's advantage to force the private parties who bring legal action to pay legal fees? Doesn't the City continue to gain negotiation leverage the longer this process continues? Does this mean if the people decide not to pay $10 million, that the City Council is approving the same proposal that would happen if they lost anyway? Effectively, the same proposal the people fought not to have. The same proposal the previous City Council (made up of mostly the same people) unanimously voted against January 17, 2006? Thank you for your time and help. Sincerely, Jeff Pohland a~`~S 5/30/2008 Agenda Information Memo June 3, 2008, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT- BUFFALO WILD WINGS ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) for a Planned Development Amendment for exterior modifications to the building at 1280 Promenade Place, legally described as Lot 5, Bloclc 2, Eagan Promenade, in the SE 1/a of Section 10, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: - Buffalo Wild Wings is proposing a Planned Development Amendment to allow exterior building modifications and signage to an existing restaurant building within the Promenade Planned Development. - The 7,600 s.f. restaurant building was constructed in 1997 as a Don Pablo's. - Buffalo Wild Wings is remodeling the building. Improvements include adding awnings to the windows, leveling out the roof lines which will provide better rooftop mechanical screening, raising the entrance lobby to two stories, and repainting the painted brick and EIFS exterior. - Some features deviate from the architectural guidelines of the Promenade. - A vertical black and white check prefinished architectural metal panel is proposed at the main entrance. BWW calls this feature a "zinger" and the symbolism is borrowed from the checkered racing flag and is used to indicate energy and sports on their buildings. - Another feature is the black and yellow checkers painted on the fascia on the north and east elevations in the patio area. This is a departure from the color palette of exterior materials in the Promenade Planned Development. - Lastly, BWW is proposing an integrated cabinet sign, incorporating both the name lettering and the winged buffalo logo into a single sign. This deviates from the Promenade signage guidelines which specify individual channel letters. - The APC held a public hearing on May 27, 2008 and recommended approval. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: June 14, 2008 ATTACIIMENTS (3): Location Map on page May 27, 2008, APC minutes, pag Planning Report, page through (Q .. I s° 0 / 3.. G ~' Y O Cen.j`r~ ~' n 0 S S o ~~ ° v _ ._..; `~ ~o Q o 4 ~a~o o e<~r,,.w.. ~ po9o Oc ~~pC~ fl~ o~ ~; ~w 1000 0 1000 2000 Feet Development/Developer: Buffalo Wild Wings Application: Planned Development Amendment Case No.: 10-PA-07-04-08 City of Ea~~ ..__.......~rv Development Department ~~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY The Gity of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. N W~ E S Eagan Boundary Right-of-way Location Map o Parcel Area Park Area Building Footprint .~~dvisory I'launitlg Corrtmissiort ~-:lay 2~. 20{}8 I'a~e 11 of 1~ B. Buffalo Wild Wings Applicant Name: Buffalo Wild Wings Location: 1280 Promenade Place; Lot 5, .Block 2, Eagan Promenade Application: Planned Development Amendment A Planned Development Amendment for exterior building and signage modifications. File Number: 10-PA-07-04-08 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 21, 2008. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Keeley expressed appreciation that the property has been occupied as quick4y as it has. Member Keeley moved, Member Zoberi seconded a motion to recommend approval of a Planned Development Amendment for modifications to the building exterior and signage for property located at 1280 Promenade Place, legally described as Lot 5, Block 2, Eagan Promenade in the SE'/4 of Section 10 subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Building Elevations • Signage Plan 2. Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units may be required if necessary to achieve compliance. Member Dugan stated he supports the project but is concerned that corporate logos and registered trade marks will drive signage rather than Eagan Sign Ordinance standards. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 21, 2008 APPLICANT: Buffalo Wild Wings CASE: 10-PA-07-04-08 HEARING DATE: May 27, 2008 PROPERTY OWNER: Atlas Limited Partnership APPLICATION DATE: April 15, 2008 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: 1280 Promenade Place COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Plamled Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment for modifications to the building exterior and signage for property located at 1280 Promenade Place, legally described as Lot 5, Block 2, Eagan Promenade, in the SE %4 of Section 10. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The site is part of the Eagan Promenade. The building was originally constructed in 1997 as a Don Pablo's restaurant, utilizing Don Pablo's signature architecture. A Final Planned Development for the property was executed at that time. EXISTING CONDITIONS The site is developed with a 7,600 sq. ft. restaurant that includes an outdoor patio. Planning Report -Buffalo Wild Wings May 27, 2008 Page 2 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Promenade Sho ping Center PD, Planned Development SA, Special Area East Panera/Retail (furniture store) PD, Planned Development SA, Special Area South Yankee Doodle Road (Best Buy S of YD Rd.) PD, Planned Development SA, Special Area West Restaurant PD, Planned Development SA, Special Area EVALUATION OF REQUEST Building Elevations/Architecture -Buffalo Wild Wings has leased this property and is in the process of remodeling the building. Buffalo Wild Wings is proposing to level out the roof lines, add awnings to the windows, extend the ceiling height of the front lobby to two stories, and repaint the brick and EIFS exterior. Only the existing painted brick areas will be repainted, unpainted brick is to remain unpainted. Over the last couple of months, staff has worked with the project architects to keep the building modifications consistent with the architectural guidelines for the Promenade Planned Development. However, some features deviate from the typical guidelines, and Buffalo Wild Wings is requesting a PD Amendment to allow them. One feature is the vertical band of black and white squares on the front elevation at the corner of the main entrance. BWW calls this a "zinger" and it is used "both vertically and horizontally on our restaurants to add a distinctive and modern look." The narrative further explains that "We use this element to indicate energy and sports through the symbolism of the `checkered flag' from auto racing and the colors of referee uniforms. The colors are also part of our registered trademarks." The "zinger" is a prefabricated architectural metal panel consisting of alternating black and white squares. Another proposed feature is painted black and yellow checks along the fascia on the north elevation and wrapping around the east side in the outside patio area. Buffalo Wild Wings signature colors are these black and yellow checks and this brings the checkers to the building as an architectural element, but is a departure from the color palette of exterior materials in the Promenade Planned Development. Mechanical Equipment -The roof lines will be raised to fill in the scalloped edge of the current parapet design. This will provide better screening of rooftop mechanical equipment. If equipment remains visible after these changes, additional screening around individual units may be necessary to achieve compliance with the City's mechanical screening ordinance. ~~ Planning Report -Buffalo Wild Wings May 27, 2008 Page 3 Si~nage -The Promenade Planned Development specifically requires "individual channel letters." They submitted plans for channel lit letters mounted on a raceway and placed on the brick of the building to the left of the front entrance. This is consistent with the sign specifications in the Planned Development. As part of the PD Amendment request, Buffalo Wild Wings is requesting approval to change the front elevation sign from individual channel lit letters to an illuminated logo cabinet. The proposed cabinet sign incorporates the lettering and the logo (the winged buffalo in black on a yellow background) in one sign. The applicant's narrative states that this entire sign with the integrated logo is one of their registered trademarks, and is "a quick identifier for our brand and is well known." The proposed cabinet sign is in keeping with the black, yellow and white signature colors of the restaurant, and the applicant proposes to install the sign within the gold colored EFIS area of the front facade above the main entrance doors. The-size of the sign is acceptable, 92 square feet in area, measuring 8 feet in height and 11'5" inches in width. The rear elevation will still display a sign of individual channel letters. SUMMARY/CONCLUSION Buffalo Wild Wings is proposing building and signage modifications to the restaurant building at 1280 Promenade Place, within the Eagan Promenade Planned Development. The black and white "zinger" and the yellow and black checkered fascia as well as the proposed cabinet sign integrating both logo and lettering represent a deviation from the architectural and signage guidelines of the Promenade PD. These proposed modifications do reflect the Buffalo Wild Wings signature colors and appearance, and other improvements include better mechanical screening, repainting of the painted exterior finishes, and installation of awnings. The acceptability of the proposed PD Amendment is a policy matter to be determined by City officials. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment for modifications to the building exterior and signage for property located at 1280 Promenade Place, legally described as Lot 5, Block 2, Eagan Promenade in the SE 1/4 of Section 10. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: Building Elevations ~ Signage Plan 2. Screening of mechanical units shall comply with the City's mechanical screening ordinance and screening of individual units may be required if necessary to achieve compliance. alp dl~ Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint r r ~i o~ un ... COUNTY RDAD NO.2E a :.J- O O O ~, 5~ {'J V l } J O Q O ~ 0 ~o~o 6LUl.U1Y WAY ~ ~~ RLu Y °~ ~ P o~ o ; ou<.WOOl~ J/"(G7 Q~ d ~ O n ~~®\?d~' Its 9 ~~0 1000 0 1000 2000 Feet Development/Developer: Buffalo Wild Wings Application: Planned Development Amendment Case No.: 10-PA-07-04-08 Cit of ~a~~11 `-mil a ® THIS MAP Is INTENDED FOR REFERENCE USE ONLY N W~Ii Development DepaRment Community The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. 3 J yty n =O' ~~ i ~t~ `{ _ 4Q ~ V ~~~ < . it • o R ~ L~LlI Location Map ~ urrent Zoning and Comprehensive Guide Plan Land Use Map Buffalo Wild Wings Planned Development Amendment 10-PA-07-04-08 Zoning Map PD BP R-4 PD xoxo \ A 1 0~ 9 PD =o' 3 O i~ A Current Zoning: PD i PD ~' =¢g` PD a PD Location i PD LB Planned Development COUNTY ROAD N0.28 (YANKEE D DLE ROAD) 00 0 600 7200 Feat SC PD PD ~ PD LB PL PD PD P Comprehensive Guide Plan W ~ ~'~~ Land Use Map F ~ SA Sp -~ ;, SA-BP ,~ ym o. ~o~ ~ 9 = 3 O r3'' ~ '-~-, ~-~J~~ ~ ~ d £ SA ti SA e ~~~e o < ~_~- SA Location a o ~~ F 9 ~ Y , 0~_ 1~ Current Land Use Designation: ~ - ,_ ~ © G 0 - ~ ~ ~ ~ LJ L'1 RC Retail Commercial ~ COUNTY I ,~ ROAD N0.2a (YANKEE O LE ROAD) ~. ~ ~ fl ® ~ ~ SA SA ~ SA SA. ~- 600 0 600 1200 Feet r X3-7 P d o I @ © Parcel base map information provided by Dakota County Land Survey Department Decmber 2005. 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J ¢ = ~aa3~tm~oaaa~wocp~°1S-Nw~¢[piw1=- Z O N ~ Q U O Z -~ W W ~ OL v J W w o ~ J ~ w ~ ~_ ~ ~ ~ w ~~~ 0 Z ~ = N ~ ~ ~ Q~ ~' ~ w =s Q ~ oc a v {m WI'L~~ w Z n,.; ~ o ~ U kF ~ Z ~ Q ~~; H W w U '~~~~ } ! c~ ~ m z Q ~° ~~ s~Q O,;~v~ ~ ~ w .Q ~ . z ^ ,LL~~~- ? i_: m ds ~ L _(_ ~ ~-~ ti ,Ei~~ ~„ ~.~_ p _ _.... __ ~ ~ ~ ~ ~ E 8 3 a~i ~ ~ ~ ~ $ ~ ~ ~ ~ 0 0 0 0 ©© ©D O O /_ Buffalo Wild Win s Narrative Buffalo Wild Wings is thrilled to be coming to Eagan. We purchased the rights to the Don Pa building in .January and we intend to reopen as a fully branded "Buffalo Wild Wings Grill an blo's 2008. We will completely remodel the interior and exterior of the building with improvemenBa~ in tune approximately $1.5 million. This will be our largest store in the state of Minnesota and we ex tecotaling location to be a standard bearer for our brand. p this We have applied for PUD approval of two elements: 1. our proposed entry sign, and 2. our white stripe that we calla "zinger." Both of these elements are part of our design standard black and been implemented for the last few years across the country. Both elements were recent) ,that has the remodel of our West St. Paul location and will be added to our Apple Valley location as included in it this year. we remodel Regarding the sign, we understand from city staff that our name lettering and colors are no That leaves for discussion our logo which is our trademarked "winged buffalo" in black on tan issue. background. The proposed sign incorporates our logo into the sign, rather than a se arat a yellow building. The proposed sign as a whole is one of our registered trademarks, with the e logo on the buffalo included. We believe our proposed sign meets the intent of the PUD lettering and the incorporated into the sign lettering. Our logo is a quick identifier for our brand and is ,ents as the logo is also think our logo is fun and represents our main roduct Buffalo Wins ell known. We p g ,quite well. As to the black and white stripe, we use this element both vertically and horizontal) on ou to add a distinctive and modern look. We use this element to indicate ever y r restaurants symbolism of the "checkered flag" from auto racing and the colors of refereeyunnformsrtTh rough the colors are also part of our registered trademarks. a alternating The property is part of a larger PUD and it is completely surrounded by retail and offic e uses. The land use impacts to the community are no different than the prior use and meet the existin pU From a public benefit perspective we believe our brand will brin ener g D standards. community. We support youth activities and sports, and we re Marl gy and excitement to the events. We bring new jobs and tax revenue and we are confident our esta'urant will b me aadtable type of energy to the shopping center than the existing tenants. g efferent Overall, we seek PUD approval for these two elements to help us achieve the "Buffalo Wild Wings" look. We are confident that with the proposed changes, residents will stop calling this the " , „ building and instead refer to it as the "Eagan Buffalo Wild Wings." old Don Pablo s ~Ce Agenda Information Memo June 3, 2008, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT - EL PARIAN ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Road #117 (Cliff Lake Shopping Centre), legally described as Lot 2, Block 1, Cliff Lake Centre 3rd Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - El Parian Mexican Restaurant is requesting approval of a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Lake Road #117. - The site is guided and zoned for retail commercial uses. - The tenant space is located between Anna Chung's Asian Restaurant and Davanni's Pizzeria. - The proposal satisfies the location standards of the ordinance; operational standards are set out in the licensing section of the ordinance. - The APC held a public hearing on May 27, 2008 and recommended approval. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: June 13, 2008 ATTACIIMENTS (3): Location Map, pag April 22, 2008 APC minutes, page Planning Report, pag throug ~~ Location Map V ~ ° ~~ ~~ a,~ r, w.~ COUNTY STATC AID Development/Developer. EI Parian Application: Planned Development Amendment Case No.: 29-PA-06-04-08 pnl~ qq ~~ (Y N ~~~ Of LQ~IUIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W~ E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S community Development Department not responsible for errors or omissions. Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint y1:~ / J~{/ J~ X@ ] ® i;tV ,~ l .~• 9 © a t3 i ~P NO. ~2 (CLIFF ROAD) 1000 0 1000 2000 Feet .%ldvisorv I?laniain~~ C`ommissiorr ~.lav 2',~ 200; v Page 12 of 1~1 C. EI Parian Applicant Name:El Parian Mexican Restaurant Location:1960 Cliff Lake Road # 117; Lot 2, Block 1, Cliff Lake Centre 3rd Addition Application:Planned Development Amendment A Planned Development Amendment to allow on-sale liquor. File Number: 29-PA-06-04-08 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated May 13, 2008. He noted the background and history. Chair Hansen opened the public hearing. Luis Caire, representing the applicant, Aldo Escoto, discussed his client's experience in Mexican Restaurants. Dan Voye, 4464 Lakeshore Terrace, discussed the history of the strip mall with failing restaurants and stated the liquor license will help the viability of EI Parian. Bill Laramy, 1578 Murphy Parkway, stated he has known the owner for six years and he has worked very hard and the liquor license will help him reach his business goals. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Zoberi seconded a motion to recommend approval of a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Road #117 (Cliff Lake Shopping Centre), legally described as Lot 2, Block 1, Cliff Lake Centre 3`d Addition, in SW'/4 of Section 29 subject to the following conditions: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval 2. On-safe liquor sales shall comply and 6e operated in accordance with all relevant state laws and regulations. A vote was taken. All voted in favor. Motion carried: 7-0. aa~' PLANNING REPORT CITY OF EAGAN REPORT DATE: May 13, 2008 APPLICANT: El Parian Mexican Restaurant PROPERTY OWNER: Inland Real Estate REQUEST: Planned Development Amendment CASE: 29-PA-06-04-08 HEARING DATE: May 27, 2008 APPLICATION DATE: April 14, 2008 PREPARED BY: Michael J. Ridley, AICP LOCATION: 1960 Cliff Road #117 COMPREHENSIVE PLAN: RC -Retail Commercial ZONING: PD -Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Road #117 (Cliff Lake Shopping Centre), legally described as Lot 2, Block 1, Cliff Lake Centre 3`d Addition, in SW 1/4 of Section 29. AUTHORITY FOR REVIEW PD Amendment: Chapter 1 1, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. While the request is for a PD Amendment, on-sale liquor typically requires a CUP and the review of this application should be based on that standard. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem ~~ Planning Report - El Parian Mexican Restaurant May 27, 2008 necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives. of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Iri addition, Chapter 5, Business Licenses, requires a liquor license for on-sale liquor. In addition to establishing the conditions of operation, the license requirements include the following: Subd. 5. No person under the age of 18 years shall be employed upon premises .. . except ... as musicians or to perform the duties of a busboy or dish-washing services in a place defined as a restaurant. Subd. 8. No license shall be granted for a proposed licensed premises that does not meet the special use setback, as defined in the zoning regulations of this Code, from any nursery, elementary or secondary school structure; daycare center structure; or church structure, except as provided herein. A license may be granted for a proposed licensed premises not meeting the special use setback, as defined in the zoning regulations of this Code, from any of the above listed uses when the proposed licensed premises and listed uses are located within the same zoning district and planned commercial development. Subd. 10. On-sale licenses shall be granted only to hotels, traditional restaurants and clubs. Subd. 11. ...All on-sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit .... No license shall be held for more than two years without being used. The special use setback is defined as 200 feet to the nearest point on the property line of the lot on which the protected use is located. BACKGROUND/HISTORY The shopping center was constructed in 1988. This in-line center is bookended by Target to the south and Cub Foods to the north. EXISTING CONDITIONS The property is currently zoned PD and is guided Retail Commercial. The shopping .center contains retail and service tenants in a 28,000 sq. ft. building. The subject tenant space is located between Anna Chung's Asian Restaurant and Davanni's Pizzeria. f Planning Report - El Parian Mexican Restaurant May 27, 2008 Page 3 SURROUNDING USES The site is surrounded by assorted retail development and attached residential. EVALUATION OF REQUEST Proposal -The applicant is leasing a space for a Class I restaurant, El Parian Mexican Restaurant, and is requesting a Planned Development Amendment (PDA) for on-sale liquor. Evaluation -This site appears to be consistent with licensing requirements. The property is guided and zoned for retail commercial uses, and the on-sale liquor is proposed in conjunction with a Class I restaurant. There are no protected uses (i.e., daycare centers, schools, churches) within the special use setback. SUMMARY/CONCLUSION El Parian Mexican Restaurant is requesting approval of a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Road. The proposal satisfies the location standards of the ordinance, and the operational standards are set out in the licensing section of the ordinance. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1960 Cliff Road #117 (Cliff Lake Shopping Centre), legally described as Lot 2, Block 1, Cliff Lake Centre 3`d Addition, in SW'/4 of Section 29. If approved, the following conditions shall apply: 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. ~~ Eagan Boundary ^^//~~__ ^N^ A^ ~ ~ L® ~~' ® Right-of-way ~ Parcel Area ^ ^ V M Park Area Building Footprint •y.. ~ 4 1 & 6 dray ~ ~ O Q ya Q ~ ~' ~~ / ( j \~~ ~~ B y o a 8 ,moo .race en 6 .Q p `} ~ ~ C , ,~ ~ ~4 Q 9 y ~ Q - d . -. ~ Y ~ © .. _ q 6 U' p CI ~ c`7d d 6 - spa Q omac 9. °, + ~ y po 6 s p a 1 acu reTx vw~ fl_ €a © ~ 4 Q ~ ©o ~ , a ~ _ ~ : ~,. o _ ~,© 6 q OW 6 ~9 p O © o ewue wa awu[ tWe ~ °u,.e oR $ Subject Site o ~~---((++NN~~ =O. .•. ., ., ... ~© .. ~ J ® ~® O ~~ O ~ '• q ,e"~rye ~ ~ 0 Q ~ 04 Q© -. ', Q r Q o weuM y ~ ~ c D ® ~6 0©~ .. ~~ :~ ; .maaeA °n ~ ~ 9 .: _ ~ 0 1~ o _. ~1 ~ 6 0 ~ ~ "© ~8 J ~ •® ~i~ O ~ - A _ o'~ c~~ o ~ ~~ o fl ~ ~ a~~ z ,w ~ ~ ~ MNGQR9ID ~ i ~ 9 ~ ~oE`p ~~ E~ ~ ~~ ~t~ D o00 0 0 COUNTY BTATC AID HIGHWAY NO, ]3 (CLIFF ROAD ) q _ a ~ oaC_ C~ 4 C~ F'~ a " $y ~ D G ~~u. w 4a .4 ~ O 0 p © .. ~~ ~~ Nv ~ ~ ®o Q xexeve. Q. ~ r~ V ` ~/~/ ~$gc ~ ~ p a o ~ ~ $~ ,~3pP-• ,..~ :0db ©P-..- .8' - a Qe'C~ 0ce~w`~ ... .~ ~ . .~,~~ ~.°.. ow ~' ~ Q~.o4 v ~ ~ ~,. T 655 ,.~ ; b ..... ~ ° Q 6 q - 9 d © © ~ ,,. ~ ~ t 6 h fl p e, ~~.,~.,..~~ ~ j ~ t ..., W ,. ~ 0~ w p _ • _ ~ .~ ~ v ~d 9,.. p d Li 6 ~ ~ ~ ~ o d 8 ~ ~ fl o op .. ~ O d_ ~ ~ (! pg~i G^ 9 o~ X49 99© o © Od~r,~ Q d ~ O o„ Lw eove~°- ,: © d `bvnaronu~ ty fl 0 t7 ~~ C p Q ^'~'` r. 0 ,. ~ e ~_ .`~..~ a a _ .. 1000 0 1000 2000 Feet Development/Developer: EI Parian Application: Planned Development Amendment Case No.: 29-PA-06-04-08 inptq q~ 9 ~ N"9 ~~ N W E ~ ~ O THIS MAP IS INTENDE FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map EI Pari Planned Development Amendmen Case No. 29-PA-06-04-0~ Zoning Map a P PF = PD CLIFF (qKE RO Location ~ o' Current Zoning: BB Bm ®~ ~ ~3 v P 8 8 ti a PD ~ PD ~~ m ~_~`~ Planned Development PD ~mm m m e°~ s~ ~ m a PD PD 600 0 600 7200 Faet COUNTY STATE M~~T~~L .~~~ Comprehensive Guide Plan P Land Use Map MD QP CLIFF EKE R Location y`' =o. B mm ~~ ~ .rs`. P B 8 ~ v ~h~ Current Land Use Designation: ~ MD m ~`` RC ~m m a mmm RC Retail Commercial p,. s'' ~~ ~~ o o RC RC ; 600 0 600 1200 Faet ''~IIT II~,1, COU,(N/TY/^STAT'',E '1 - - _ ~l - Rnxxel~« _ /I \ , on (/\\A~~ID T %~ ~~" ~` City of Ca~aIl Parcel base map iniorrnation provided by Dakota County Land Survey Department Decmber 2005. Zoning inforrnatlon maintained by City Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. N W E S ~ ~ ~ ~ 4§ .. Q E ~ N/ 1 - `F 1,~ } 1 `~ fib, 7 i ~ ~ ` ~.-'~ !_ ~e~ y~s~ ~ ~'' ~( ~'r' f , I ~ _ ~ `` ~ ~ ,t v ` • 1 y ~ - 3 ~ ~\ { ~' ~ Irk -. ~~ `~ t;- ~ •i~~ (~• ~~~'~ ~r• - - r~ ~ ~Y C ~ ~_~ s ~ 1 ~~ ~` r ~{s1~~' r e~ r ~ }' 1~~~ J k ~ ~ ~ ~ ~ ~ ~ `'ate! ~. ~ ~~{ F' C~ ~ " ~7= ~ 1 ~ ~ ~~~ ~ f '.,~ ~~> , F . ~a, I ~ ~ ~ ~ S ~ ~ I ~ ~ ~ ~ ~~ G YY ~/( ~,~ ,- i~ ~- Y * '1 ~ ~ ~F ~ ~ ~'1 1 „1`~ ~ tl}i ~-'~ 1C ~4r{ Z r~ r r ~ ~ ~- s - t.~- ~~ ~-f, ~~''- ~~ JJ: 7~ r -.-g, ~„ t d~ l• ~ at ~ ~ ~ ~ 1 ~ t-- ~-,. rt - „~ ~. ~ - ~ , ~ ~ ~ ~. ~~ ..~.. ~ .j _ k ~~~•' r ~ ~~ p t 5~ _. u _ F. ' ~ ~:~ ~: f:'~ !' t ' - ~ ~ ~~ ~ ~~~ ~~r ~ - ~ ,-~ ~ n , ~ ~~~ ~ - << ~. ~ ~., ~: I ` PLANNED DEVELOPMENT AMENDMENT WRITTEN NARRATIVE What Do you want to do;timing/phasing The applicant wishes to add a service to an existing restaurant. In particular the applicant wishes to introduce On Sale Liquor to -the menu. This business will sell ready mined Margaritas to compliment Sea food dishes. Existing land uses on subject property. This property is a commercial shopping center offering many goods and services. The are grocery stores, Italian restaurants, Asian restaurants, shoe repair, UPS mail boxes, tanning salons and many other types of businesses offering different goods and services. The applicant will be the sole Mexican Restaurant in this complex. • Surrounding land uses and zoning within 600 feet. The surrounding land uses are heavy density residential uses and more commerciaUindustrial uses. • What impact does the planned development amendment have on the surrounding property and land uses property. The planned use has no negative impact on the subject property or land uses. There are at least two other businesses offering On Sale Beer and Off Sale liquor on this site. The positive impact is that this particular use will add more diversity of goods offered to the public and a convenience due to its proximity (approximately 600') to residents. What impact does the planned development amendment have on the subject property. None. This use will only have a positive impact in that the business will attract more customers to the shopping center. What impact does the planned development amendment have on City services such as sewer, water, storm run off and roads. Due to the small size of.the business( approximately 600 square feet of seating area) there are no foreseeable problems or negative impacts attributed to this existing use. • Does the requested land use proposed by the amendment result in a better use of the land. Yes, the use is adding a needed and requested service for the benefit of the public. This service adds more diversity to the site. a ~~ Normally, zoning and planning regulations are enacted to improve the quality of life for the residents of .the City. Within that frame work, quality living is enhanced the diversity service and goods within reach of residents. ~,,SC~ 7`b ~~~ K Agenda Information Memo June 3, 2008, Eagan City Council Meeting D. ON-SALE LIQUOR AND SUNDAY LICENSE FOR EL PARIAN MEXICAN RESTAURANT, INC. DBA EL PARIAN MEXICAN RESTAURANT LOCATED AT 1960 CLIFF LAKE ROAD #117 ACTION TO BE CONSIDERED: To approve the on-sale liquor and Sunday license for El Parian Mexican Restaurant,. Inc. dba El Parian Mexican Restaurant located at 1960 Cliff Lake Road, #117. FACTS: - El Parian Mexican Restaurant, Inc. has applied for an on-sale liquor and Sunday license. Aldo Escoto is the sole officer of the corporation. - Approval of a Conditional Use Permit is necessary to allow liquor sales at this location prior to approval of the liquor license. - The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the on-sale liquor and Sunday license. ATTACHMENTS (0): `~9 Agenda Information Memo June 3, 2008, Eagan City Council Meeting E. PLANNED DEVELOPMENT AMENDMENT - SLAWIK PROPERTIES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Planned Development Amendment to allow on-sale wine in conjunction with a Class I restaurant at 1565 Cliff Road (Thomas Lake Shopping Centre), legally described as Lot 1, Block 1, Thomas Lake, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The property owner is seeking approval of this amendment for the purpose of assisting a future tenant with securing an on-sale liquor license. The future tenant, De'lices De France, will be an upscale French restaurant/wine bar and bakery. Additionally, the operation will include a coffee shop w/drive thru, outdoor patio seating and "out the door sales" of pastries and wedding cakes. - The property is currently zoned PD and is guided Retail Commercial. The in-line shopping center contains retail and service tenants in a 43,000 sq. ft. building. - The subject tenant space is to be located in the west end-cap of the center (formerly occupied by Snyder Drug.) - The proposal satisfies the location standards of the ordinance; operational standards are set out in the licensing section of the ordinance. - The APC held a public hearing on May 27, 2008 and recommended approval. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: June 15, 2008 ATTACHMENTS (3): Location Map, page Apri122, 2008 APC minutes page Planning Report, page through Eagan Boundary M ti L Right•of-way ~ParcelArea ap on oca Park Area Building Footprint ~ d a vq` s~ mm Ll d ,,, .: ' ~ `, F B ~ ~ .. ~ ~ s<Gt®6 try © bd n .PP sneer o u `~ / . . .Ar ~ © p '~ _ ^mmo a ©o . ~ ~ '' o a4 ~ Demo ., ~.,°<°,~ :~ q 4 g o ® ©s ~ © ~ ,$ ~' 9 Cd ~ Poo = ©~_, v q~~ © o d • ~, ~ e ~ o a ~ 9 ~ a s ~ AUW.M o o d a ° ~ o 0 0 6 D ~ 6 O 0 _ ~ Q p g _ . ca o 6 Q 0 f1 d o to C oA O © wAiruo sr ~ © p~po ~ ~ a ~ ° ~,~ J ~~~ p , © © , M°,° E9 `° ° ~ ~ 0 ~ Q ° ° - •.a b 6 4 ~ ~ na~sox o^we ,~~ n a 8 ~ 4 ~ ~ fl o q a 4S aQ Q a ~Qn~]a(~]Q© /A G n 8 g o 0 x D D ~/ ~ o Q Q w 4 ~/ vew ur Y ® ~ / ~P9 ,. ~ ~ °~fi 4 ~~ ~ ap ~ qQ ~ ~+i ^ o w .~ ~ ~ 6 a° ~ p r ~ p V ~ ' 4 9® *`~ a ® ©~ a 6 ©~ e ~ . - ~ a ~ ~ ~ ~'' Subject Site < a s, ~" ".ww.~uve c 7 ® ~M,N MRy yH~ 1 o : ~ ono 0 0 .y o ~Q ~' ~,, ~ z °b uxe ~ Q p t~ ~ i i ~ yY ni ~ s .; ~~Ap atVP _. V ~ Q ° u 0 `° j3 ~ r`5 J j ~ © °, © o ~ 3 ~ ~ v ~ LJ ' NO. 33 (OLIFF ROAD) O.SA. O. 3Z (CLIFF RDAD) p -~ !~ ~pfp _0' ~0®~® ~ pQ 9Pp ..... p _ 476174 O a G d d ~ ~ n ~ o`' a w,cx.wscr O O ~ ~ ~ ; c' CQ r q ® ~ ~h 6 d © p ~1 ° d p Q ~ ^ ~ < ap ~ a o~ g ° r ~ a a ~, , r ® b ~~ ~ ~ ~ Q ~€? .. 7 ©~` P 000 ~' Q4ros ~ ~ ~ ~ Q pfp O f3 Q 47 (j Q ~~ ~ ~47Q ~ qva ~p b -i p C ~ ~ ~ ~ o. 9 a= p A 9 r .~ 9 R ~ ~ [3 . R 4 ' ~ < ,- ~~ cw~xoro< fl d 6 E ~ ~ o es' z > ~ .~ ©~ ~ d 3 ~ w 0 6 fl ,. d l~ A Q ~ c> p '~ f~ © n ~ D ~ ~ ~ ~u ~ ° ° © ~0+' 4.1< ~ ~ ~ c7' cov~x°,o„ Q °° do o paca ~ v rp. is fl q 4a d Q ~ o - q ~ ' r9 ©0~ ~' o~Q © d~~ ~. p ~ '~ oo, ~ p ., ~ ~ C ~' Q Q Q Q d ~ Q Q~ t o , o ~ r d d cox . pn6 6©~Q., ~J+~~~ 47 Q Q f? ' o y , 9 4d Q.~.q 4 ~ ¢ ~• ~4 Q q a P,q 413 p © a ~,a ~ p 47 qo o dd f~ pa ~ ' 1000 0 1000 2000 Feet Development/Developer: De'Lices De France Application: Planned Development Amendment Case No.: 28-PA-08-04-08 Nnq c] ~~~ Of Ea~iflIl ~~ ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY N W~ P The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. :'~dvisoiv Plannin<~ Commission ~.Tav ~°°~UO~ V Page 1 ~ of 1~ D. De'lices De France Applicant Name: Slawik Properties, A division of Har-Mar, Inc. Location: 1565 Cliff Road; Lot 1, Block 1, Thomas Lake Center, Dakota County, MN Application: Planned Development Amendment A Planned Development Amendment to allow on-sale wine. File Number: 28-PA-08-04-08 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated May 13, 2008. He noted the background and history. Steve Christenson, Slawik Properties explained the proposal and introduced the prospective tenants, Frederick and Crystal Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Planned Development Amendment to allow on-sale wine in conjunction with a Class I restaurant at 1565 Cliff Road (Thomas Lake Shopping Center), legally described as Lot 1, Block 1, Thomas Lake Center, in SW '/ of Section 28 subject to the following conditions: 1. The Planned Development Amendment shall be recorded at=the Dakota County Recorder's Office within 60 days of City Council approval. 2. On-sale wine sales shall comply and be operated in accordance with all relevant state laws -and regulations. A vote was taken. All voted in favor. Motion carried: 7-0. aka, PLANNING REPORT CITY OF EAGAN REPORT DATE: May 13, 2008 APPLICANT: Slawik Properties PROPERTY OWNER: Same REQUEST: Planned Development Amendment LOCATION: 1565 Cliff Road CASE: 28-PA-08-04-08 HEARING DATE: May 27, 2008 APPLICATION DATE: April 16, 2008 PREPARED BY: Michael J. Ridley, AICP COMPREHENSIVE PLAN: RC -Retail Commercial ZONING: PD -Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1565 Cliff Road (Thomas Lake Shopping Centre), legally described as Lot 1, Block 1, Thomas Lake Center, in SW 1/4 of Section 28. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. While the request is for a PD Amendment, on-sale liquor typically requires a CUP and the review of this application should be based on that standard. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value a~13 Planning Report - Slawik Properties May 27, 2008 of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition, Chapter 5, Business Licenses, requires a liquor license for on-sale liquor. In addition to establishing the conditions of operation, the license requirements include the following: Subd. 5. No person under the age of 18 years shall be employed upon premises .. . except ... as musicians or to perform the duties of a busboy or dish-washing services in a place defined as a restaurant. Subd. 8. No license shall be granted for a proposed licensed premises that does not meet the special use setback, as defined in the zoning regulations of this Code, from any nursery, elementary or secondary school structure; daycare center structure; or church structure, except as provided herein. A license may be granted for a proposed licensed premises not meeting the special use setback, as defined in the zoning regulations of this Code, from any. of the above listed uses when the proposed licensed premises and listed uses are located within the same zoning district and planned commercial development. Subd. 10. On-sale licenses shall be granted only to hotels, traditional restaurants and clubs. Subd. 11. ...All on-sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit .... No license shall be held for more than two years without being used. The special use setback is defined as 200 feet to the nearest point on the properly line of the lot on which the protected use is located. BACKGROUND/HISTORY The shopping center was constructed in 1987. The Thomas Lake Center includes the subject in- line center, a convenience gas station, an auto repair facility, aquick-lube facility and afull- service Class I, sit-down restaurant. EXISTING CONDITIONS The property is currently zoned PD and is guided Retail Commercial. The in-line shopping center contains retail and service tenants in a 43,000 sq. ft. building. The subject tenant space is to be located in the west end cap of the center (formerly occupied by Snyder Drug.) a~~- Planning Report - Slawik Properties May 27, 2008 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zonin Land Use Desi nation North LifeTime Fitness PD, Planned Development RC, Retail Commercial South Cliff Road/Single Family Residential PD, Planned Development LD, Low Density East Thomas Lake Road/Single Family Residential R-l, Single Family LD, Low Density West Office PD, Planned Development RC, Retail Commercial EVALUATION OF REQUEST Proposal -The property owner is seeking a approval of this amendment for the purpose of assisting a future tenant with securing an on-sale liquor license. The future tenant, De'lices De France (DDF), will be an upscale French restaurant/wine bar and bakery. Additionally, DDF will include a coffee shop and "out the door sales" of pastries and wedding cakes. Evaluation -This site appears to be consistent with licensing requirements. The property is guided and zoned for retail commercial uses, and the on-sale liquor is proposed in conjunction with a Class I restaurant. SUMMARY/CONCLUSION The property owner is requesting approval of a Planned Development Amendment to allow on- sale liquor in conjunction with a Class I restaurant (De'lices De France) at 1565 Cliff Road. The proposal satisfies the location standards of the ordinance, and the operational standards are set out in the licensing section of the ordinance. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow on-sale liquor in conjunction with a Class I restaurant at 1565 Cliff Road (Thomas Lake Shopping Center), legally described as Lot 1, Block 1, Thomas Lake Center, in SW I/4 of Section 28. If approved, the following conditions shall apply: The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. ay~s Planning Report- Slawik Properties May 27, 2008 On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. a~ Eagan Boundary //~~ /A~ ~ ~ L ~ Right-of-way Parcel Area ~ __~ ^^ ' ® !A ~ ®V ~ Park Are a Building Footprint ~6~E7) ~ \/°'`c~ ~ ~ mm~ ~ ; ~.r'`~~"~ ``r O" "-~71~cs" SSG mm B ~`~ ~ o -~p a J ~ o o ~ o FYF11Y FrFeer ~ ~ i. 0 0 -- o a © ~ o py ,q ~ mmm^ ~9 Q p e fS S ~] ~ ~ a.cowFi ~' ~ J,a ,~ QQ C~OC. u Lnonc 0 4~P 6Q ~i Q°o© \~ _, r ~ + ~ ~3~ Q ~ 6CS4 ' ~ ~ - aP Q 49 O ~S t ~ 4 Q ~ Q "uFU"x ad 9 ~-e..~ g ~ ~ W°°°ac © ~ Ci . c5 0 o r = Q SS 6 ca {~ ~, 6 ~ o . ~ ~ ° o £S co.ros p 9 ~® ~ p .... a. ~~ ~ ~ .~. ~© O 4 D © < © W.vti.., ~ ~ oo ~9 ~ C7 8 b 7 ~ ~ Q ~ ~o-v ~ 0 ©_ ~ a ° ° ° ° ~ M ~ o q -q ~ot36 F ^ rpo° ~ ; a o J ~ ~ Q I ~~ 'ty p " . Q ~, . ~ d d ~ ~ d ~ b D b o R 8 9 ~ 0 ~ ~ a w 4 e 0 ~® ~ o ~ ~ a _ . _" ~ ° B (~- " ~` ~ L ,, ~ s o ~ ©: a ~ ©© p ~ 5 o q ~. " - s K d _ ~d ` _ _ ~+ ~ ~ + - - - - ~ 43 ~~ Subject Site ° ~ © 6 ° x d J ~ 6 S ~ ~~ WWFO FFrvF ,' ~- Q r ._. r r3 d '~ O a Oo ° 47 6, O _ lj ® ~_ :=. ~ l~ ° i0/ ~ ® OFY NFr, ~: *LL 4 A ~ /~ ~~. : ~~ ~ a ~ - H ©® ~ e ° ~ < ® ® ® ,~ _~ ;. ~ ~_, d a~ ~~ ~Q ~i o r e ~ y , © ~® ' NO. 31 (CLIFF ROAD) © ~,. 8 ~ pp p. Q xwu.w.r O ~. (~ ~ n 6 dQ . q C.SA. O. 32 (OLIFF ROAD) r~ 9 0 ` •r e°x.+" ~ p Q p U 1 -~ ~ r _ Q 4 ~ b n '~ t1 ~~ ®F Q~~~ ~ >F~ d~ o p ~7 ~ b cQa 4 ~ I y G 27 ~: 9 ^ ~~, 1 ~ Gl' 4? F Q ~ fS ~ ©~ O00 Q ©xow. L ~ ~ ~ ~ . "~ ~ d © /a (d O d OP J (~j Q p` c5 ^ d Q ~ q o ~ P ~ . L7 _ CI CQ L~ p Q ~ ~ 53 p= ~ 4 9 ~~" ~ va`"" 1~ ; 4 p v 4 a~ tl S 4 ® ~ ~ c ~ - r 6 4° ~ d e a 4 , d 3 a f3 r~ x ~ B d 4 q, ' @ 4 ~~,ox© ® ~ ~ a i~l J G ~ r p ., uxF Q y 6 4 ~ ~ q ~ t7 4 Q o ~ ~ g ~ [1 _ {~ ` 6 ^o p p qq ~ © © d e ~ _ d ~ u " p p ~o Qa F Q d a Q , 9 5 _ ,,,,,,.. o. q. , -~ a b r~ q x.. p . o 4 „ Fu ~ ~ cove wPd6 wx p- CS ad: ~`FQ~ 40 Q _ ' S 4y =~' 8 ~ ~, o ~ .i'' ~, ~ q ' ~ u ~© ~"© ~ ~ © ~: Q `" W 4ry°t ~ OMGF C0. °o w 4~ p q 4 ~ © ©d d d Y .+~° ~ ~--rrr-~..t->~ /~\ ~1 4 1000 0 1000 2000 Feet Development/Developer: De'Lices De France Application: Planned Development Amendment Case No.: 28-PA-08-04-08 ~~~ N Clty of Ea~aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W Ii The City of Eagan and Dakota County do not guarantee the accuracy of this information and, are S community Development Department not responsible for errors or omissions. De'Lices De Prance Current Zoning and Comprehensive Guide. PlanPlanned Development Amendment Land Use Map Case No. 28-PA-08=04-08 Zoning Map P O m ~o 9Q n '-~~ r v D Current Zoning: Locatio n PD Planned Development P PD ^ R-1 G.S.A.H. N0. 32 (CLIFF ROAD) ®®®®® ~~ coNN~~~ 3 ~ 600 0 600 1200 Feei ~~ T 4 Comprehensive Guide Plan Land Use Map =~~ '° n ~ "" 9 gym . L \ P O 9e MD MD Location LI Current Land Use Designation: ^ Rc LD LD ` RC Rc Retail Commercial C.S.A.H. NO. 32 (CLIFF ROAD) ® ®® ® P ® ~ ® 600 0 600 1200 Feat _ m \ ~ /r 4 ® /~ IT f'~\ Parcel base map information provided by Dakota County Land Survey Department Decmber 2005. N J ~_~ ~ 2 of rmation maintained by Gity Sfaff. ~. ~ City of Ea~aIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ^ y .{.r~ ~i~ f' `- ~ - _ ~ y -yam _ - F°~'}~w~ ~_ ~~~ -~-- ~ ~- - _ ~_ ~~~~~ aT ,. ~ ~ t. Y ~ - - ~ ~ ~ ~'_, _ ~; ~ .. -_: Y - : v~ .. I ~yy/ 1 _ 1 L }j (_. J l µ l t F ~ ~S 1 t' f 'i'4~ i ~ ~~ ~' { I r i Q - ~ - ~ 11 ~' _ ~ ~src ,f t~i~Y Y'y - 1i ~~' 11 - ~ `'' e f V'~==~j r~ ~ ~ ~~- t ~- r ~e 1 s T a ~~ p_ ~~~- if fir- ~~' % f I i _ ~~i'"~-- ~ ~~~~~P ~ ~ y '~~Y~~J Y ~. " ~ ~ . ~-' {11 y -~ i ~ . - _ . r -~~ Y; ~ ?7 ~- y ~.: \\ ~ L~~\`~~~Iti~ ~~ {f,. .~ ~ ! ~ is i~^ .~ ` ~, ~. `9 ~"~ ~` //C~' - ~ _ ;~ ~ ~ i~ is _.~": ~ ` 3 llY .~ ~ a ,~q~ a ~~~-,t ., il- -^ ~ r .~f 1 ~ ~ ~}~'~31~~~ r" ~- ~*~j ~ 1;. 1 ~#4~„ ;!. ``~'~ ~'~JBF~ rL- ~ ~._,.~ ! ~ i -~_ ~ ~, ! ~. _ ~ ~'. "~ I rL` 111 ~~~ ~ ~~i- ~ r~ ~i_ ~_ r ~'3?~t ¢'-~~ ~ L -- _, . _ ~ ~ F: ~ ~ ~'~ ~ ~ ~, ~ `~ .R : F ~ - ~ z 2 ~ _ ~~ ~,s _~'~ ~ - .~' ~, ~ . e ~ ~~~ ~ ~~~ c ~.. ~~ 1 - ,~ tU- ~ ~~~ ~s # ~.. ; ~ ~~ ~ t t+t~ e;~ ,, I~ ~ , , ~ ~;, + ~ 'qr ~ ~ x ~ ~~~ 1 • - ~ ~ . ~ ~ ~- _ ~: , G ~ ~ f ;_ s I ~ ~ "_ , - :~ ~ - ~, _ F~.x ~-~ ~ •.-_• . tom- ~`_~ Narrative We are applying for a Planned Development Amendment for the purpose of assisting a future tenant with securing an on-sale liquor license. Such amendment is a necessary component to this process. The future tenant, Deuces De France, will be an upscale French restaurant and bakery. They will occupy a large area of vacant lease space in the end-cap of our Thomas Lake Center. We plan to commence construction on the tenant build-out in mid-May and should have ~, the improvements completed by July 2008. Construction will be split up between the ~~~ Landlord phase and the Tenant phase, which will be able to be performed concurrently. The predominant use of the subject property is multi-tenant neighborhood retail center. Land use within the subject neighborhood ranges from residential, parkland, and newer commercial office/retail. We believe the Planned Development Amendment will have minimal impact on the surrounding property and land uses, as well as the subject property. Lot 3 of Block 1, or adjacent property owner, is Axel's Bonfire Restaurant. This restaurant and our future tenant should compliment each other well. Within the subject property, a previous Planned Development Amendment was applied for and approved for Thomas Lake Liquors, and their off-sale retail business. They have been a tenant of Slawik Properties since 2004. In both the subject property and surrounding property, no impact has been observed. No concerns or issues have been brought to our attention based on the nature or scope of the previous amendment or any uses thereof. Impact on city services should be minimal. Sewer and water services should be typical for restaurant use. The proportionate use of such services should be slightly lower since the proposed production and display areas of the future tenant space will be larger in comparison to restaurants of this size. Pick-up orders and out-the door sales will serve as a key component to their business, as well as sit down customers (as defined by occupancy load). Thus, the demand of city services like water and sewer, associated with direct customer use maybe lower than similarly sized establishments. As for other services such as storm water run-off and roads, this impact should be minimal as well. The commercial center is accessed through private driveways that have been in use since the building was built in 1988. No changes have been made to such access points. With the exception of a modification the west end-cap (elevation or facade remodel) of the building completed in 2007, no alterations were made to adversely affect the existing storm water run-off systems. ~5~ The requested land use proposed by the Amendment will result in better use of the land. Based on communications and suggestions, we have heard a common theme. There is a need for varying types of restaurants, an upscale restaurant/bakery that can provide out the door sales providing pastries to wedding cakes, and a coffee shop. This business provides a113 proposed needs. Also, as noted by our most recent market analysis, the highest and best use of the subject property will continue to be a neighborhood retail center. The proposed Amendment shall serve numerous public benefits. It will allow another choice of establishment offering dining and take out, along with bakery products. It will employ 20-30 people within the local community or surrounding area. It will fill a large vacancy in one of Eagan's neighborhood retail developments. This tenant selected our site over a competing site in a neighboring city. ~~1 Agenda Information Memo June 3, 2008, Eagan City Council Meeting F. ON-SALE WINE AND SUNDAY WINE FOR DE'LICES DE FRANCE BAKERY, LLC, DBA PARDON MY FRENCH, 1565 CLIFF ROAD, SUITE 1 ACTION TO BE CONSIDERED: To approve the On-Sale Wine and Sunday license for De'Lices De France Bakery, LLC, dba Pardon My French, 1565 Cliff Road, Suite 1. FACTS: - The members of De-Lices De France Bakery, LLC, Craig Kissock and Frederic Klein, have applied for an On-Sale Wine and. Sunday license with the City of Eagan. The restaurant will be located at 1565 Cliff Road, Suite 1. - Approval of a Conditional Use Permit is necessary to allow wine sales at this location prior to approval of the liquor license. - The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the on-sale wine and Sunday license. ATTACHMENTS (0): ~~ Agenda Information Memo June 3, 2006, Eagan City Council Meeting G. APPROVE RESOLUTION ESTABLISHING A NEW POLLING PLACE FOR PRECINCT 18 ACTION TO BE CONSIDERED: To approve a resolution establishing Oak Ridge Elementary School, 4350 Johnny Cake Ridge Road, as the new polling place for Precinct 18. FACTS: - For elections prior to this year, the polling place for Precinct 18 was located at Fire Station No. 5, 4701 Galaxie Avenue.- Due to its small size and configuration, the fire station was not an ideal facility for serving as a polling place, especially during elections with large voter turnout such as the General Election. - New legislation allows polling places to be located within one mile of a precinct boundary. Prior to this legislation, polling places could only be located in the precinct or within 3,000 feet of the precinct boundary. Since Oak Ridge Elementary School is located just outside the 3,000 foot boundary, but is less than a mile from it, the new language means that the school now qualifies to serve as a polling location. - Permission has been received from ISD 196 to use Oak Ridge Elementary School as a polling place for Precinct 18. - Notification will be sent by Dakota County to all registered voters in Precinct 18 informing them of the change in polling locations. ATTACI3IVIENTS (1): Resolution enclosed on page ~3 CITY OF EAGAN RESOLUTION RESOLUTION ESTABLISHING NEW POLLING PLACE FOR PRECINCT 18 WHEREAS, Fire Station No. 5 at 4701 Galaxie Avenue has served as the polling location for Precinct 18; and WHEREAS; the fire station is inadequate to accommodate large voter turnout; and WHEREAS, new legislation allows polling places to be located one mile from the precinct boundary, which qualifies Oak Ridge Elementary to serve as a polling place for Precinct 18, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan that a new polling place be established for Precinct 18 as follows: Precinct 18 Oak Ridge Elementary School 4350 Johnny Cake Ridge Road Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3`d day of June, 2008. Maria Petersen, City Clerk AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JUNE 3, 2008 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSYNESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT --Resolution of Reconveyance of Tax Forfeit Parcel (10-13700-030-O1) Lot 3, Block 1 of Barton McGray Addition to the State of Minnesota F. OTHER BUSINESS G. ADJOURN ash Agenda Information Memo Eagan Economic Development Authority Meeting June 3, 2008 NOTICE OE CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. ® MINUTES -The minutes of the May 20, 2008 EDA meeting are enclosed on pages a sc_e MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota May 20, 2008 A meeting of the Eagan Economic Development Authority was held on Tuesday, May 20, 2008 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields, Commission Bakken and Commissioner Tilley. Also present were Executive Director Hedges, Public Works Director Colbert and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 (Bakken abstained) 1. It was recommended to approve the minutes of the May 6, 2008 EDA meeting. OLD BUSINESS There wera_no O1dBusiness items. NEW BUSINESS RESOLUTION TO APPROVE REDEVELOPMETN PLAN, TIF DISTRICT AND TIF PLAN FOR TIF DISTRICT 2-5 IN NORTHEAST EAGAN Community Development Director discussed the development program for Northeast Eagan Development District No. 2. Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve a Resolution Adopting a Development Program for Northeast Eagan Development District No. 2, Establishing Tax Increment Financing District No. 2-5 therein and Adopting a Tax Increment Financing Plan for the District. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. as7 Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the EDA meeting at 8:16 p.m. Date Thomas Hedges, Executive Director a 5'~ Agenda Information Memo Eagan Economic Development Authority Meeting June 3, 2008 3. APPROVE RESOLUTION OF RECONVEYANCE OF TAX FORFEIT PARCEL (10- 13700-030-011, LOT 3 BLOCK 1, BARYON CG Y ADDITION TO THE STATE OF INESOTA ACTION TO E CONSIDERED: To approve the reconveyance of tax forfeit parcel 10-13700-030-01 (Lot 3 Block 1, Barton McGray Addition) to the State of Minnesota. FACTS: • In official action of the City Council at the regular meeting held November 18, 1997, the above referenced parcel was declared to have a public purpose noted as Open Space/Easement. The State of Minnesota subsequently conveyed the property to the City in March of 1998. • This vacant parcel is in the Cedar Grove TIF/Redevelopment District and has been held in the name of the City to prevent untimely and inconsistent development or acquisition by a land speculator. • In an effort to move the property ownership to the EDA and to make the parcel available for combination with other parcels and subsequent redevelopment a change of use application was approved by the City Council on March 1, 2004. The application was submitted to the County and State but not officially acted upon by those agencies. • Per the County's instructions, the parcel was reconveyed from the City to the State in August of 2005. A conveyance for use was than made by the State to the EDA to hold the property for redevelopment. • At this time, another reconveyance is necessary to allow the EDA to purchase the parcel. • To be an eligible TIF expenditure the payment must be made prior to July 1, 2008. ATTACHMENTS: • Enclosed on page°~~ is a copy of a location map for this parcel. • Enclosed on pag~l~ is a copy of the County's letter outlining the appropriate process to purchase t is parcel. Enclosed on page &~ is a copy of a resolution approving this reconveyance. ~J Dakota County Real Estate Inquiry ~_n _s- ~,~" ter- ~.~--=~~`'_ ~ ,~` ~y '~~ .~ `may '~~ ~ `t ~ '_., .%,r~l„ ` ,,~~~ ~-{ ter, ~_tr~ ' 1.~ ..., f'y~~1~. ,~ ~ ', '~. \ ~s r r~ ~, ~, ~" .tom - ~~ f,-~ ~~;~ ,~ .~ Copyright C~ 211118, Dakota County f'~ ~' f~ ~` ,- ~~ l;% Legend Re al, Estate Parcels Pareels ~ Gommon,4wnership UU afar E, RJUU, Easement ^ dedioated RlUU Tax Parcels ~_~ Market Value _ -~ Recent Sales Year Built > Air Photo ~:_~ Torrens Choose ONE search method, enter criteria, and dick Oo ar hit enter key. House #: _ ~Go OR -- PIN: Go Page 1 of 1 C~etails Tax Stub Statement Plat Neighborhood Birds Eye X00 Esp. `JIta~ ,"'41.°,_x- ZOQO); $240,200 PI h~ 10-13700-030-01 ~tlQ_7__Ta~~blc `,! '~ ; ~ ~yabl~ 200_ ; $0 fl~ner; EAGAN ECONOMIC DEVELOPMENT AUTHORITY _ -- - Address: 3989 SIBLEY MEMORIAL HWY ~'~~`~~Ic ~~Q~' ' " '"~- $0.00 ot~_ cr~g~0.92 ~oty;_ EAGAN; MN 55122 `fr~r B~!°It 0 This application Naas deveieped Ey the Dakota County ~.,",i, ,; in cooperation with Assessin~enticps and the Pro~er2Y ?' xation .. ~.., !s Departments ~~~ ;~. 'v ~, C ~Q V N T Y Click on the Dakota County Logo above to return to the home page http://gis.co.dakota.mn.uslscripts/esrimap.dll?Name=webgl &Legend=std&Cmd=PIN&MapSize=Smap&... 5/30/2008 C O U N T Y May 20, 2008 Mr. Gene VanOverbeke Eagan City Hall Treasurer-Auditor • 3830 Pilot Knob Rd Dakota County Eagan, MN 55122 Administration Center 1590 Highway 55 Hastings, MN 55033 Dear Mr. VanOverbeke: 65 I :438.4576 Fax 651.438.4399 Treas-Aud Re: Sale of Parcel 10-13700-030-01 -Barton McGray Addition 3 1 Fax 651.438.8329 Cash Mgmt Fax 651.438.4391 Elections www.dakotacounty.us Eagan EDA currently has title by State use deed to the above mentioned parcel oftax-forfeited land. The EDA has requested to purchase this parcel. The process required is to reconvey the property to the State (PT form 975). Dakota County Property Taxation & Records staff will complete an application (PTForm 80) to purchase this same tax-forfeited parcel and will present the application to the Board of Commissioners for approval of purchase price and sale. Upon approval by the County Board the purchase price and fees must be paid. A State purchase deed will be issued to the Eagan EDA. Please send Form 975 (Reconveyance) and the EDA's resolution for reconveyance to me. They will be submitted to the State together with the purchase application after Board approval. Fees required to be paid with the application: Basic Sale Price: $240,200.00 State Deed Fee: 25.00 3% Surcharge: 7,206.00 State Deed Tax: 792.66 County Recording Fee: 46.00 Conservation Fee: 5.00 Total: $248,274.66 Sincerely, ,~~~ ~~ Mary Kennedy, Manager Dakota County Administration Center Property Taxation & Records 1590 Highway 55 Hastings, MN 55033 ~~~ ed on regded paper a L with 30%post-consumer waste. LL Y AN EQUAL OPPORTUNRI' EMPLOYER PT Form 975 (Revised 11/99) Minnesota Department of Revenue Reconveyance of Forfeited Lands to the State of Minnesota By a Governmental Subdivision Under Minnesota Statutes, Section 282.01, Subdivision ld State Deed Tax Due Hereon: $1.65 n WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivisions la to lc, the State of Minnesota, on the I `TH day of ~t.~q u.S~ , _ a~os ,conveyed to~vi ~tpn wt~c, ~QVeIO .wet a governmental subdivision of the State of Minnesota (hereinafter "Governmental Subdivision"), by state ee ri mber~ed I)'~~Q `i'1 Q ,the teal property described below (hereinafter "Property") to be used for an authorized public use, and WHEREAS, the Governmental Subdivision has either failed to put the Property to the public use for which it was conveyed, or has abandoned the public use for which it was conveyed, and now desires to reconvey the Property under Minnesota Statutes, Section 282.01, Subdivision Id to the State of Minnesota, to be held in trust according to Minnesota Statutes, Section 281.25, NOW THEREFORE, the Governmental Subdivision, pursuant to said laws, and pursuant to the duly adopted resolution of its governing body numb(e~r dated ~ ' 3 ' a00$ ,does hereby grant and convey the property in the County of ,/Q~~o 4. ,described as follows, together with all appurtenances thereunto belonging: I~ --13~0~ -~3o-AO~t1 gAr~or. I'~c~+a~ rRt.cLi~ioN C ;-~~ o-F k R:~4 N 3 to the State of Minnesota, to a held in trust as provided by Minnesota Statutes, Section 281.25, upon like conditions and with like effect as if the Property had not been conveyed to the Governmental Subdivision for a public use. ~Qadvt I=GOvtp,N;t Deye,y~.Mew~ ~\M.\rWfl~ (Name of Governmental Su division) sy: Q«s~a~ri~ ~ -3 -aoo8 Signature Title Date By. ~ Exew~~~ve. (o-3-ebo$ Signature Title 11 Date ~„~ecTor STATE OF MINNESOTA ) ss. Y County of DA ~O Q ) On this ~ r d day of ~Llyt t ~~ ~ f.. A, LL ~/¢- and .M. L. e e ,respectively the r C v~~ _ and the E : ¢. ~'v ~ /` of the governmental subdivision named in the foregoing instrument, appeared before me and acknowledged that they executed the same as the free act and deed of said governmental subdivision pursuant to the statutes in such case made and provided. Notary Date "°t IP °t Tax Statements (if any) fpr the real property described in this instrument should be sent to the County Auditor of the County wherein the property is located, in care of the County Courthouse. Approved by the Attorney General. This instrument was drafted by the Commissioner of Revenue, Minnesota Departrnent of Revenue, S[. Paul, MN SS 146. Approval The undersigned, acting for the Commissioner of Revenue of the State of Minnesota, under delegation of authority duly filed with the Secretary of State, does hereby approve the foregoing conveyance to the State of Minnesota, Dated: STATE OF MINNESOTA Commissioner of Revenue STATE OF MINNESOTA) )ss. COUNTY OF RAMSEY ) By: The duly appointed delegate of the Commissioner of Revenue, for these purposes. The foregoing "Approval" was acknowledged before me on: Notary Date ~~~ Agenda Information Memo Eagan Economic Development Authority Meeting June 3, 200i; F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. a~~-