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04/07/2004 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING April 7, 2004 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE It. ADOPT AGENDA Ili. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA A. APPROVE MINUTES g B. PERSONNEL ITEMS C. CHECK REGISTERS D. PROCLAIM May 6, 2004 as A Day of Prayer in Eagan E. APPROVE Application for Minnesota Lawful Gambling Exempt Permit for the Eagan Foundation F. APPROVE License to Sell Tobacco Products d G. APPROVE Tree Maintenance Contractor Licenses H. SCHEDULE Public Hearing date for May 4, 2004 to certify delinquent utility bill 1. SCHEDULE Public Hearing date for May 4, 2004 to certify delinquent false alarm bill a J. APPROVE Premise Permit for Eagan Athletic Association to conduct pulltab operation at Al Baker's ~f K. AUTHORIZE staff to discontinue licensing service stations L. APPROVE Agreement for Turnback of County Road 63 (Baffin Trail) ,36 M. RECEIVE Final Assessment Roll and Set Public Hearing for Project 806R, (Kennerick Addition - Trunk Storm Sewer Improvements) p38 N. APPROVE Municipal State Aid Variance Request to MnDOT for Contract 01-07 (Lexington Avenue - Street & Utility Improvements) PYO O. RECEIVE Petition and Order Public Hearing for Drainage and Utility Easement Vacation for John Henry Foster Parcel. 141 P. APPROVE Ordinance Amendment - Security Trailers for State Constitutional Officers 401Q. APPROVE Final Plat, Manley Plaza - Manley Land Development R. APPROVE Final Subdivision, Soderholm 2"d Addition - Manley Land Development yr. ADOPT Findings of Fact for Denial for a Conditional Use Permit - Cedarvale Business Center / S T. ADOPT Findings of Fact for Denial for a Conditional Use Permit - Midwest Tile U. AUTHORIZE Preparation of Ordinance Amendments, City Code Chapter 11, regarding Screening of Roof Top Mechanical Units and Development Site Lighting Standards V. APPROVE Memorandum of Understanding with Hennepin County for Wireless Fingerprint Device to be used by the Eagan Police Department. W. APPROVE Seasonal Membership Rates and Promotion for Eagan Community Center X. APPROVE Project 906, Lexington Ridge Street Improvements Receive Petition and Authorize Preparation of Plans and Specifications V. PUBLIC HEARINGS Vl. OLD BUSINESS VII. NEW BUSINESS P 6 ( A. CONDITIONAL USE PERMIT - Cedarvale Lanes - A Conditional Use Permit to expand an existing outdoor volleyball court on Lot 1, Block 1, Cedarvale 2"d Addition, located at 3883 Cedar Grove Parkway in the NE 1/4 of Section 19. Qtl B. PLANNED DEVELOPMENT AMENDMENT - Greenberg Farrow Architects - A Planned Development Amendment (~T to construction a gardenport structure within the seasonal sales area on Lot 1, Block 1, Lexington Second Addition, located at 3220 Denmark Avenue (Home Depot) in the SE '/4 of Section 10. ~g3 C. REZONING AND PRELIMINARY SUBDIVISION - The Trust for Public Land - A Rezoning of two acres from Agriculture to E-Estate and a Preliminary Subdivision (Patrick Eagan Park Addition) of eleven acres to create one single family lot and an outlot, located at 4045 Lexington Avenue South in the SE '/4 of Section 22. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA I r X. ECONOMIC DEVELOPMENT AUTHORITY XI. OTHER BUSINESS ~~59 A. RESOLUTION Approving the Purchase Agreement for City Acquisition of Property for Redevelopment, Cedar Grove Redevelopment District, Jim Cooper Goodyear, 3999 Cedarvale Drive, and Related Agreements. XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 2, 2004 SUBJECT: AGENDA INFORMATION FOR APRIL 7, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 7, 2004 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 7, 2004 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 March 16, 2004 regular City Council meeting, the March 31, 2004 special City Council meeting, the March 16, 2004 Board of Adjustments and Appeals meeting and the March 9, 2004 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the March 16, 2004 regular City Council meeting are enclosed on pages 3 through • Minutes of the March 31, 2004 special City Council meeting are enclosed on pages -k- through • Minutes of the March 16, 2004 Board of Adjustments and Appeals meeting are enclosed on page a- • Minutes of the March 9, 2004 special City Council meeting are enclosed on pages 13 through. DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 16, 2004 A Listening Session was held prior to the regular City Council meeting at 6:30 in the Eagan Room of the Municipal Center. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, March 16, 2004 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Assistant to City Administrator Lord, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges stated that Dave Fritzie would not be making a presentation regarding the Football Boosters Club Phosphorus Free Fertilizer Sale. Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 RECOGNITIONS AND PRESENTATIONS Park and Recreation Director Ken Vraa discussed his upcoming retirement and expressed his appreciation to the Mayor, Council and Department Directors for the opportunity to have worked with them throughout his career with the City of Eagan. The Mayor and City Councilmembers praised Mr. Vraa for his twenty four years of public service to the community as the Director of Parks and Recreation. CONSENT AGENDA Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the Consent Agenda. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the March 1, 2004 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Gina Roggenbuck, Community Development Clerical Technician. 2. It was recommended to approve the decision of the Executive Board of the Eagan Volunteer Fire Department to terminate the membership of Fire Fighter Todd Sutter from the Fire Department due to failure to meet attendance requirements. C. Check Registers. It was recommended to ratify the check registers dated March 4, 2004 and March 11, 2004 as presented. D. Liquor License. It was recommended to approve a change in management on the liquor license for Parkview Golf Club located at 1310 Cliff Road. E. Proposal for Sale of City Property. It was recommended to authorize distribution of a request for proposal for sale of city property at the northwest corner of Highway 3 and Diffley Road. F. Project 851. It was recommended to receive the Final Assessment Roll for Project 851 (Town Centre Area - Street & Access Management Improvements) and schedule a public hearing to be held on April 20, 2004. G. Project 882. It was recommended to receive the Final Assessment Roll for Project 882 (Crestridge Lane - Street Improvements) and schedule a public hearing to be held on April 20, 2004. H. Contract 03-12. It was recommended to approve the revised plans and specifications for Contract 03-12 (TH 13 and Silver Bell Road - Intersection Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 15, 2004. 1. Grant Application. It was recommended to approve an application from the Eagan Fire Department for the purpose of securing funding for replacement of the mobile command vehicle. 3 Eagan City Council Meeting Minutes DR March 16, 2004 /T Page 2 J. Outdoor Recreation Grant. It was recommended to approve submission of the DNR Outdoor Recreation Grant, and authorize the Mayor and City Clerk to sign a resolution of support for the project. K. Contract - Lifework Services. It was recommended to approve renewal of a one year contract with Lifeworks Services Inc. for janitorial services in designated park buildings, and authorize the Mayor and City Clerk to sign the appropriate documents. L. Agreement. It was recommended to approve an agreement to be entered into between Mr. Robert E. Peterson and the City for providing electrical service at East Thomas Lake for lake aeration. M. Technology Task Force. It was recommended to approve the creation of a Technology Task Force and the official charge to the committee as outlined in the attachments, and set the timeline or reporting back to the City Council. N. Wireless Broadband Consultant. It was recommended to approve the hiring of a wireless broadband technology consultant to assist the work of the Technology Task Force in completing its charge. Cost for this consultant shall not exceed $30,000 - $50,000 to be paid from City franchise fees. 0. Central Park Festival Grounds Electrical System. It was recommended to approve plans and specifications for the installation of an electrical system for the Central Park Festival grounds and authorize staff to implement the plan utilizing the services of the contractor providing the lowest responsible quotation within the budget. P. Amendment to Minutes. It was recommended to approve an amendment to the minutes of the December 8, 2003 City Council Workshop. PUBLIC HEARINGS VARIANCE - JASON AND LAURIE FINK City Administrator Hedges introduced this item regarding a request for a variance to allow a building lot coverage of 21% for property located at 2083 Pine Oak Drive. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance to allow a building lot coverage of 21% for property located at 2083 Pine Oak Drive, legally described as Lot 9, Block 1, Vienna Woods, in the NE 1/4 of Section 31 subject to the following condition. Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. VARIANCE - MANLEY CONSTRUCTION City Administrator Hedges introduced this item regarding a request for a variance to allow a 25.2% building lot coverage where 24.7% had been originally approved and a change in building design mix for properties legally described as Lots 1-17, Block 1 and Lots 1-7, Block 2, Centennial Ridge. City Planner Ridley gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Variance to allow a 25.2% building lot coverage where 24.7% had originally been approved and a change in building design mix for properties legally described as Lots 1-17, Block 1 and Lots 1-7, Block 2, Centennial Ridge and allow either two story style or rambler style houses to be built on these lots located it the NW '/4 of Section 28 subject to the following condition: Aye: 5 Nay:0 Eagan City Council Meeting Minutes March 16, 2004 A / Page 3 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. VACATE PUBLIC RIGHT OF WAY, DODD ROAD City Administrator Hedges introduced this item regarding the vacation of public right-of-way known as Dodd Road adjacent to 660 Cliff Road. Public Works Director Colbert gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the vacation of public right-of- way known as Dodd Road adjacent to Parcel 10-03600-030-25 (660 Cliff Road), reserving the rights for drainage and utility purposes, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 PROJECT 877, LEXINGTON AVENUE City Administrator Hedges introduced this item regarding Lexington Avenue street and trail improvements which was continued from the March 1, 2004 Council meeting. Public Works Director Colbert provided an overview of the proposed project. Representatives of Dakota County were present to provide additional information regarding traffic volumes and projections. Mayor Geagan opened the public hearing. Bob Petchel, 2882 Lexington, expressed his opposition to the project and questioned the installation of a trail. Brian Lervick, Northern Power Products, expressed concern over the change from a 4-lane to a 2-lane design and questioned future assessment obligations Jim Walston, representing Gresser Company expressed concern over the change in lane design. Council and staff discussed load restrictions on Lexington Avenue should the project not be approved. Tom Anton, Dakota County, discussed traffic volume projections and lane design. Council directed staff to send a letter of clarification to area residents that the project is a County project and any areas of concern should be addressed there. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve Project 877 (Lexington Avenue - Street and Trail Improvements) as presented with the modified Pending Assessment Roll and authorize the preparation of a cost participation agreement with Dakota County. Aye: 5 Nay: 0 PROJECT 790R, CENTRAL PARKWAY FINAL ASSESSMENT ROLL City Administrator Hedges introduced this item regarding the final assessment roll for the Central Parkway streets and utilities project. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Eagan City Council Meeting Minutes RIqFjMarch 16, 2004 Page 4 Councilmember Fields moved, Councilmember Tilley seconded a motion to adopt the Final Assessment Roll for Parcel 10-00900-010-79 for Project 790R (Central Parkway - Streets and Utilities) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS PRELIMINARY SUBDIVISION (LEXINGTON RIDGE) - RAY MILLER City Administrator Hedges introduced this item regarding a rezoning, preliminary subdivision and preliminary planned development on property located at 4225 Lexington Avenue which was continued from the March 1, 2004 Council meeting. City Planner Ridley provided an update on modified plans including access to the site from the Lexington Way / Diffley Road intersection. Susan Gower expressed her opposition to the proposed access to the development through park property. Ray Miller discussed previous submittals for the development of the subject property in comparison to the current proposal. He noted there will be minimized grading, an increase in tree preservation, and more green space. He discussed his willingness to grant a conservation easement along the north and west sides of the property, equaling about 1/3 of the entire site. Councilmembers held a lengthy discussion which included single family homes vs. townhomes; tree preservation, buffering, fencing and the conservation easement; safety concerns over current road through the park property, and the benefits of the planned development zoning to the community. Tony Caponi, adjacent property owner expressed his desire for fencing between the proposed development and the Caponi Art Park. Sandy Mason stated her appreciation for the efforts taken to preserve trees in the area. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Rezoning of 6.9 acres located at 4225 Lexington Way from R-1, Single family residential to PD, Planned Development. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Lexington Ridge) to create 17 lots and 16 townhome units for property located at 4225 Lexington Way, in the 1/4 of Section 27, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February2, 1993: A1, B1, 2, 3, 4, C!, 2, 3, D1, El. 2. The property shall be platted. 3. The Development shall be responsible for a cash park dedication. 4. The Development shall satisfy a portion of the landscape requirement by creating and/or enhancing a vegetative buffer along the east, south and west property lines. 5. The Development shall be allowed to construct a trail and, associated landscape berms, extending from the development to an existing internal park trail. The alignment, location and specifications to be approved by the City. No trail dedication credit shall be given for said trail or landscaping. 6. The Development shall be responsible for a cash trails dedication. 7. To ensure survival of preserved trees, 4191, 198, 201, 202, 203, 220, 233, 234, 257, 262, 285, and 1009, a long-term tree survival plan shall be prepared by a certified arborist and implemented on all trees with encroachment into the CRZ. Also staff is recommending that the applicant communicate with city forestry staff in the actual placement of tree protection fence around these large preserved oaks. 8. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site and off-site (i.e. park trees). 6 Eagan City Council Meeting Minutes DA) 'A March 16, 2004 T Page 5 9. To require that the applicant contact the City Forestry Division and set up a preconstruction 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. 10. The developer is accountable for stormwater that may not infiltrate sufficiently (now or in the future) to avoid or minimize impacts to trees. It. A cash dedication in lieu of on-site water quality ponding should be required for the remaining 1.3 acres of this development. 12. The developer shall be responsible for construction of a storm water pond within the development boundaries to accommodate the development's storm water runoff quality and rate control. 13. The developer shall be responsible for restoring the sanitary sewer and water main disturbance area within Lexington / Diffley Park to equal or better than its current condition. 14. The developer shall be responsible for constructing a street and bituminous trail to current City standards from the development site to the existing park access at Diffley Road and Lexington Way. 15. This development shall dedicate 75 feet of one-half public right-of-way from the existing centerline of Diffley Road. 16. The developer shall prepare and submit a conservation easement agreement for review and approval by the City Attorney prior to Final Subdivision approval. 17. The Developer shall be responsible for preparing a homeowners association for the development and shall also convey Lot 17 to the association. The association and deed shall be approved by the City Attorney. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development for 17 lots and 16 townhome units for property located at 4225 Lexington Way, in the northeast `/4 of Section 27; subject to the following conditions: Aye: 5 Nay: 0 1. The applicant shall enter into a Preliminary Planned Development Agreement with the City that shall be recorded at the Dakota County Recorder's Office. 2. No fences or detached out buildings/sheds shall be allowed on or within the subject site. 3. The applicant shall enter into a Final Planned Development Agreement with the City. The following exhibits are necessary for the Agreement: • Final Site Plan • Final Building Elevations Plan • Final Tree Preservation Plan • Final Landscape Plan • Final Lighting Plan • Final Signage Plan FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION OF DENIAL - CEDARVALE BUSINESS CENTER City Administrator Hedges stated that the property owner's attorney has requested this item be continued to allow she and her client time to meet with City staff in an effort to find a suitable solution to both the City and the applicant. Councilmembers stated that the only acceptable scenarios were presented by Public Works Director Colbert on March 1, 2004. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue consideration of the Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 - 3938 Cedar Grove Parkway until the April 7, 2004 Council meeting. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 16, 2004 c Page 6 NEW BUSINESS ORDINANCE AMENDMENT - CHAPTER 10, SECTION 10.01 STORAGE, DEPOSIT OF REFUSE City Administrator Hedges discussed this item regarding a proposed ordinance amendment to Chapter 10, Section 10.01 that would amend the current 8 feet setback behind the curb to a minimum 3 foot setback for closed refuse containers. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt an ordinance amendment to Chapter 10, Section 10.01 "Storage, Deposit and Disposal of Refuse". Aye: 4 Nay: 1 Mayor Geagan opposed. CONDITIONAL USE PERMIT - MIDWEST TILE City Administrator Hedges introduced this item regarding a request for a conditional use permit to allow additional outdoor storage on Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road. City Planner Ridley gave a staff report. John Morehouse, representing Midwest Tile, discussed the success of the company and the need and location for additional outdoor storage space. The Mayor and Council stated they were pleased with the success and shared their appreciation of Eagan businesses. Councilmember Carlson stated concerns with the proximity and visibility of the proposed storage location in relation to the residential properties to the east and that the proposed storage enclosure would partially block and certainly diminish the architectural features located on the northeast corner of the building. She went on to state that, due to their success, it appeared the operation has outgrown the facility and, possibly, the site. Mayor Geagan and members Maguire and Tilley agreed. Mayor Geagan shared his concern with the history of on-going code enforcement issues at the site, relative to outdoor storage. Councilmember Carlson stated that Midwest either needs to expand the building or find a larger location. Further discussion occurred about the impacts of the proposed outdoor storage area on the adjacent residential neighborhood and roadway. Mayor Geagan moved, Councilmember Tilley seconded a motion to direct staff to prepare Findings of Fact, Conclusions and Resolution of Denial for a Conditional Use Permit to allow additional outdoor storage on Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Special City Council Meeting Councilmember Tilley moved, Mayor Geagan seconded a motion to schedule a special City Council Work Session for Monday, April 19, 2004 for the purpose of interviewing Advisory Commission candidates and handle one or two brief items the City Council has directed to a Workshop Session.. Aye: 5 Nay: 0 F Eagan City Council Meeting Minutes March 16, 2004 OPAFr Page 7 Walkable Communities Workshop City Administrator Hedges discussed the Walkable Communities Workshop initiative which is being offered to eight communities throughout the metropolitan area. The workshop is tentatively scheduled for Wednesday, April 21, 2004 from 1:00 - 5:00 p.m. 2007 Mitigated DNL Contours and Proposed Noise Mitigation City Administrator Hedges provided an update regarding the 2007 Mitigated DNL Contours and Proposed Noise Mitigation. Request for Waiver of Fees - Community Center City Administrator Hedges discussed a request by the 4 h of July Committee to waive fees for the use of the Community Center for the Miss Eagan pageant festivities. Councilmember Fields moved, Councilmember Tilley seconded a motion to waive Community Center rental fees for the Miss Eagan pageant during the 4`s of July celebration festivities. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 10:30 p.m. Date Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot 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. MINUTES SPECIAL CITY COUNCIL MEETING WEDNESDAY, MARCH 31, 2004 8:00 A.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Acting Mayor Fields, City Councilmembers Carlson and Maguire. Staff members present: City Administrator Hedges, Superintendent of Parks Olson and Parks Research/Special Projects Coordinator Wielde. ROLL CALL & AGENDA ADOPTION Acting Mayor Fields opened the meeting. There were no visitors to be heard. Councilmember Carlson moved, Councilmember Maguire seconded a motion to adopt the agenda as presented. Aye: 3 Nay: 0 RESOLUTION REGARDING THE DNR REMEDIATION GRANT City Administrator Hedges stated that Trust for Public Land asked the City of Eagan to finalize the DNR Remediation Grant for the ten and twenty-acre Caponi parcels. He stated that the program provides funding to acquire, protect and restore natural resources that are in close proximity to landfills. It was noted that the resolution authorizes Beth Wielde, Parks Research/Special Projects Coordinator, or Paul Olson, Parks Superintendent, to execute the agreements as necessary on behalf of the City. Councilmember Carlson moved, Councilmember Maguire seconded a motion to adopt the resolutions supporting the DNR Remediation Grant. Aye: 3 Nay: 0 RESOLUTION SUPPORTING THE DNR NATURAL SCENIC AREA GRANT City Administrator Hedges introduced a resolution supporting a grant for the ten and twenty- acre Caponi parcels with the DNR Natural and Scenic Area Program. He stated that, again, Trust for Public Land has requested that the City of Eagan submit the grants. It was also noted that the resolution authorizes Beth Wielde, Parks Research/Special Projects Coordinator, or Paul Olson, Parks Superintendent, to execute the agreements as necessary on behalf of the City. /Ice) Special City Council Minutes March 31, 2004 Page 2 of 2 The Council reviewed and discussed the resolution. Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve the resolution relative to the DNR Natural Scenic Area Grant. Aye: 3 Nay: 0 OTHER BUSINESS City Councilmembers expressed an interest to have either a Committee of the City Council or the Council as a whole meet with representatives of Trust for Public Land at a City Council workshop to discuss various open space initiatives. After a brief discussion, it was agreed that a Committee of the Council would be most appropriate to meet TPL and the City Administrator was directed follow up with the scheduling of that meeting after the transfer of property on the Anderson parcel occurs. City Administrator Hedges also asked the City Council if they would like to meet with the Sowles regarding the IUP permit prior to the Commission interviews on Tuesday, April 13. It was agreed by the City Council that the Advisory Commission interviews would begin at 6:15 p.m. and that time would be scheduled to meet with the Sowles and discuss other City business preceding the interviews at 5:30 p.m. There being no further business, the meeting was adjourned at approximately 8:40 a.m. CITY OF EAGAN ojp-,)C'~ OF ADJUSTMENTS AND APPEALS MARCH 16, 2004 A meeting of the City of Eagan Board of Adjustments and Appeals was held Tuesday, March 16, 2004 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present were President Geagan, Commissioners Carlson, Tilley, Maguire and Fields. City Attorney Mike Dougherty presented Findings of Fact for Denial for a Variance request by Todd Wagner. Board members discussed the findings and were in agreement with the decision of the City Council. Commissioner Tilley moved, President Geagan seconded a motion to confirm the December 1, 2003 action of the City Council to adopt Findings of Fact for Denial for a Variance for Todd Wagner. Respectfully submitted: Dianne Lord Assistant to City Administrator /02- DRAFT MINUTES SPECIAL CITY COUNCIL MEETING MARCH 9, 2004 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Lord, Director of Administrative Services VanOverbeke, City Planner Ridley, Director of Community Development Hohenstein, Director of Communications Garrison and Chief Financial Officer Pepper. 1. ROLL CALL & AGENDA ADOPTION The City Council discussed the meeting date for the first meeting in April. Councilmember Tilley moved; Councilmember Fields seconded a motion to change the first meeting in April to Wednesday, April 7. Aye: 5 Nay: 0 City Administrator Hedges distributed correspondence from the CEO of EcoLab Inc. which made known the move of EcoLab's Research, Development, and Engineering division to Eagan. Councilmember Maguire moved; Councilmember Tilley seconded a motion to adopt the agenda. Aye: 5 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. BECT 5-YEAR PLAN & CIP City Administrator Hedges introduced the item stating that Burnsville/Eagan Community Television (BECT) has been supplying community programming since 1984. Hedges noted that the Burnsville City Council asked for a 5-year BECT financial plan including a first ever Capital Improvement Plan modeled after the way both cities do their CIP's. Hedges added that the Finance and Communication staff from both cities have met for the past several months to develop the plan in consultation with a technical expert and H.R. stair City Administrator Hedges introduced Mark Hotchkiss, Community Programming Specialist, Will Craig of Ehlers & Associates, and Jim Skelly, Communications Director for the City of Burnsville. Together with Communications Director Garrison, a presentation was provided on BECT's four main areas of responsibility: 1.) government Special City Council Minutes DRAFT March 9, 2004 Page 2 of 5 meetings, 2.) public access, 3.) community news and events, and 4.) operations. Will Craig of Ehlers & Associates provided a presentation on the findings of the study regarding equipment replacement needs at BELT, including the need for digital technology in a cost effective manner. The City Council discussed revenue opportunities and the need for equipment replacement at BECT. There was City Council consensus that the equipment needs to be replaced in order to maintain volunteers and a level of service currently being provided to both Burnsville and Eagan. The City Council provided direction that the BECT budget should be adjusted downward to 8.0 FTE to keep the positive fund balance and address critical equipment replacement needs. The Council requested that staff and a plan be put in place for the Council's review. The Council also noted that they are comfortable with more aggressively pursuing sponsorships and revenue opportunities. Lastly, the Council asked that the Telecommunications Commission and staff prepare recommendations on a policy regarding what type of commercial messages the City will accept. The Council asked that the policy be brought back for the City Council's review. The City Council requested that when the Operating Budget and Capital Plan are brought back to the City Council, that the information also include the effects of the staffing reductions. The City Council asked that the Operating Budget not be placed on the Consent Agenda until the Council has had the opportunity to review it. IV. DEVELOPMENT PERFORMANCE STANDARDS City Administrator Hedges introduced the item noting that at the January 22, 2004 Council Retreat, the City Council directed that Development Performance Standards be placed on a future workshop agenda for further discussion. At that time, Hedges added, the Council discussed the concept of being a "Community of Choice". Director of Community Development Hohenstein lead a discussion with the City Council on the following performance standards: 1.) finish material and architectural standards; 2.) closer controls on general signage, temporary signage, and window signage; 3.) required roof-top mechanical screening; 4.) site lighting standards; 5.) other performance standards as directed by the City Council. Community Development Hohenstein noted that per the Council's direction, the APC is currently addressing window signage. The City Council agreed with staff's recommendation to require roof-top mechanical screening and site lighting standards. The City Council discussed the Performance Standards and noted that staff should work with the business community to address the issues. It was also noted that the City has trails/sidewalks that do not connect well and backs of parking lots are often empty. The Council asked for ways in which pedestrian traffic could be more easily moved. The Council also discussed use of landscaping that results in more textured landscaping with higher filtration. The Council encouraged more creative parking layouts. The City Council directed staff to explore the performance standards that are applied in other demand communities for possible consideration in the future. The Council also added that they have a concern about excessive signage and painted window signage. Special City Council Minutes DRAFT March 9, 2004 Page 3 of 5 V. PERFORMANCE ZONING CONCEPTS City Administrator Hedges introduced the item noting that at the City Council Retreat on January 22, 2004, the Council asked staff to research performance zoning concepts, including density bonuses, as a means of encouraging high quality, higher density developments or other desirable development characteristics without shifting the market for all properties by simply rezoning to higher densities or reducing other standards or requirements. Hedges noted that staff is looking for direction with respect to further investigation of additional performance zoning concepts to encourage innovative and desirable development alternatives for build out, in-fill and redevelopment within the community. Community Development Director Hohenstein and City Planner Ridley provided definitions of performance zoning, noting that under performance zoning, land development and use is regulated by a series of performance standards that mitigate undesirable specific impacts of any proposed development. It was noted that due to its complexity, labor intensiveness and the question of control, the appeal of performance zoning is somewhat waning. However, elements of performance zoning can be blended with traditional zoning. The City Council discussed the benefits and consequences of performance zoning concepts, including its relationship to plan developments. The City Council also noted that better control is needed, such as what types of specific criteria the Council would want to target (housing type, amenities, housing value, etc.) and what standards would the Council be willing to consider adjusting for those criteria. The City Council directed staff to bring back a list of desirable features that could be available to developers for further discussion by the City Council. VI. CEDAR GROVE REDEVELOPMENT DISTRICT FUNDING DISCUSSION City Administrator Hedges introduced the item, noting that the City Council previously gave direction to staff to prepare a summary of the financial information associated with the Cedar Grove Redevelopment District. Community Development Director Hohenstein provided the City Council with a presentation on the background of the Cedar Grove Redevelopment Area financing. Hohenstein added that the current development finance model for the Cedar Grove area projects the tax increment may be able to support about $3 million of the public improvement costs, and added that it will be necessary to find other sources to fund the balance of the project costs. Hohenstein then provided a list of options that the City Council may wish to consider, including: 1.) improvement bonds, 2.) major street fund, 3.) tax increment, and 4.) tax increment bonds. The City Council discussed the options and noted that they had some questions on the assessments. Council provided direction to refer the discussion on the Cedar Grove financing to the Finance Committee. The City Council recessed at 7:25 p.m. l~~ Special City Council Minutes DRAFT March 9, 2004 Page 4 of 5 VII. RECOMMENDATIONS / FINDINGS FROM THE PUBLIC WORKS COMMITTEE RE: ALUM DOSING City Administrator Hedges introduced the item noting that per the direction of the City Council at the December 8, 2003 Council Workshop, the Public Works Committee, consisting of Councilmember Fields and Maguire, met on two occasions (January 27, 2004 and February 10, 2004) to review research and costs associated with alum as well as review alternatives and a proposed implementation timeline for the use of alum on Fish Lake. Hedges added that the Council is asked to consider the short and long-term recommendations of the Public Works Committee, including: 1.) the reintroduction of alum dosing at Fish Lake; 2.) the formation of a water quality task force; and 3.) determine whether to formulate a public information process to formally consider whether to resume alum dosing at Fish Lake. City Administrator Hedges thanked the Public Works Committee for all of their work on this issue and noted that in the audience was Eric Macbeth, Water Resources Coordinator, and Jay Riggs, Urban Conservationist from Dakota County. The City Council discussed the recommendations of the Public Works Committee including short-term and long-term options and the potential need for a water quality task force. Councilmember Maguire provided an overview of the information and recommendations that came out of the Public Works Committee. It was also noted that 159 residents were noticed about the March 9 workshop, at which time alum dosing would be discussed. Water Resources Coordinator Macbeth, at the request of the Public Works Committee, provided a Power Point presentation showing alternatives to alum. Following the presentation, Councilmember Maguire noted that staff has done a commendable job in acquiring information about alternatives to alum. It was noted that while alum dosing is not necessarily a good long-term strategy, it is an effective short-term strategy. The City Council discussed the need for a task force to look at the long-term water quality needs of the community. The City Council discussed the need for JP-47.2, the settlement basis that would be used for alum dosing. The Council discussed the access options on to Mr. McCarthy's property should the project proceed a head. The City Council directed the City Attorney to continue working with Mr. McCarthy's attorney in order to get a comfort level with Mr. McCarthy regarding potential easements and the need for a construction road. At the recommendation of the Public Works Committee, the Council directed that a public hearing be scheduled at an upcoming regular City Council meeting to consider the reintroduction of alum dosing at Fish Lake and the formation of a water quality task force. The City Council thanked Water Resources Coordinator Macbeth and Jay Riggs of Dakota County, as well as Councilmember Fields and Maguire who spent a considerable amount of time as a Committee on this issue. ~6 Special City Council Minutes DRAFT March 9, 2004 Page 5 of 5 VIII. OTHER BUSINESS City Administrator Hedges noted that Director Garrison returned from his meeting with Burnsville, and the City of Burnsville endorsed the same recommendations as the Eagan City Council in regard to the BECT 5-year plan and CIP. IX. ADJOURNMENT The City Council meeting adjourned at 8:30 p.m. Agenda Information Memo April.7, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Police Officers-- ACTION TO BE CONSIDERED: To approve the hiring of Benjamin Koenke and Thomas Weinzettel as Eagan Police Officers contingent upon successful completion of required testing. Item 2. Engineering Technician-- ACTION TO BE CONSIDERED: To approve the hiring of Dave Westermayer as an Engineering Technician. Item 3. Utility Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of persons to be recommended as Utility Maintenance Workers. FACT: ■ Interviews were held today and will be held this coming Monday for two utility maintenance worker positions. ■ Background and reference checks will be performed. ■ Hopefully, the name of the persons to be recommended for hire will be available by the Council meeting on Wednesday; if not, approval of "a person to be recommended" is past practice. The Council would then be informed of the name of the persons as soon as they are available. Item 4. Seasonal Forestry Technician-- ACTION TO BE CONSIDERED: To approve the hiring of Ella Kyllo as a seasonal forestry technician. Item 5. Seasonal Tree Inspector-- ACTION TO BE CONSIDERED: To approve the hiring of Jeremy Barrick as a seasonal tree inspector. Item 6. Seasonal Landscape Crew Laborers-- ACTION TO BE CONSIDERED: To approve the hiring of Steve Stafford, Brett Sharp, Allen Mestad, Aaron Guetzlaff, Ryan Tesky and Lindsey Taylor as seasonal landscape crew laborers. /4? Agenda Information Memo April.7, 2004 Eagan City Council Meeting Item 7. Resignation/Construction Inspector-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Wayne St. Martin, Construction Inspector. Item 8. Resign ation/Dispatcher- ACTION TO BE CONSIDERED: To accept the letter of resignation from Dispatcher Tony Wrobel. Item 9. BECT Staff Reorganization-- ACTION TO BE CONSIDERED: To approve the Burnsville Eagan Community Television staffing allocation as presented to both the Eagan and Burnsville city councils on March 9, 2004 and to accept the 2004 budget as amended. FACTS: ■ To address capital equipment needs and a structural imbalance in projected future revenues for the BECT operation a 5-year CIP and budget framework was presented to both the Eagan and Burnsville city councils in separate work sessions in March. ■ Direction was given to remain balanced over the five years of the plan and to make critical capital investments, requiring an adjustment from 9.5 to 8.0 FTE and an amended budget of $1,085,000 for 2004. ■ Technology enhancements will offset one of the staff reductions. ■ Remaining personnel will absorb additional duties and changes will take effect within the next 90 days. ■ With these plans, the Community Television operation will be in balance through FY 2008; without it the operation would run out of money in mid-2006. ■ Additional revenue generation measures are actively being explored and will be brought back to the Councils when plans are completed and the Telecommunications Commission has formulated recommendations on revised sponsorship and revenue generation policies. Agenda Information Memo April 7, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 18, 2004, March 25, 2004 and April 1, 2004 as presented. ATTACHMENTS: • Check registers dated March 18, 2004, March 25, 2004 and April 1, 2004 are enclosed without page number. 026 Agenda Memo April 7, 2004 CONSENT AGENDA: D. Proclaim May 6, 2004 as A Day of Prayer ACTION TO BE CONSIDERED: Proclaim May 6, 2004 as A Day of Prayer in the City of Eagan. FACTS: • The City Council has, for the past several years, proclaimed the first Thursday in May as a Day of Prayer. ATTACHMENT: • A copy of the proposed proclamation is attached as page a~ CITY OF EAGAN PROCLAMATION NATIONAL DAY OF PRAYER May 6, 2004 WHEREAS, President Abraham Lincoln declared a national Day of Prayer for the first time in 1863; a joint resolution of Congress established it as an annual event in 1952; and in 1988, the 100`" Congress and President Reagan confirmed the National Day of Prayer to be the first Thursday in May each year; and WHEREAS, May 6, 2004, marks the 53rd consecutive observance of the National Day of Prayer in cities and towns throughout the United States; and WHEREAS, the Citizens of Eagan have relied on prayer as a source of strength and guidance to face the problems of today, the uncertainties of tomorrow, and to give thanks for our many rich blessings; and WHEREAS, the Citizens of Eagan can gather together on this day in their homes, schools, churches and meeting places to pray for strong moral character in the lives of all people in this city and state, as well as for peace and understanding throughout this nation and the world; and WHEREAS, through prayer we can ask God for guidance and wisdom for all leaders in our city, county, state and nation, NOW, THEREFORE, the Mayor and City Council of the City of Eagan does hereby proclaim Thursday, May 6, 2004 as A Day of Prayer in the City of Eagan. Date: Pat Geagan, Mayor aC;L Agenda Memo April 7, 2004 CONSENT AGENDA: E. Minnesota Lawful Gambling Exempt Permit - Eagan Foundation ACTION TO BE CONSIDERED: Adopt Resolution approving Minnesota Lawful Gambling Exempt Permit for the Eagan Foundation to hold a raffle to be held at the Eagan Community Center on May 13, 2004. FACTS: • All requirements of the Minnesota Gambling Board have been met • Staff has reviewed the application and deem it in order for approval ATTACHMENT: • A copy of the proposed resolution is attached as page number. Q3 RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT EAGAN FOUNDATION WHEREAS, the Eagan Foundation has applied for an Exemption from Lawful Gambling Permit; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for the Eagan Foundation to conduct a raffle on May 13, 2004 at the Eagan Community Center, 1501 Central Parkway. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: All Those Against: None Date: April 7, 2004 CERTIFICATION 1, Maria Petersen, 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 7`h day of April, 2004 Maria Petersen, City Clerk ay Agenda Memo April 7, 2004 CONSENT AGENDA F. Tobacco License ACTION TO BE CONSIDERED: Approve License to sell Tobacco Products for Hidalgo Market, Inc. #2, 4130 Blackhawk Road, Suite 108. FACTS: • All requirements of the application have been met • Staff has reviewed the application and deem it in order for approval a15 Agenda Memo April 7, 2004 CONSENT AGENDA G. TREE MAINTENANCE CONTRACTOR LICENSES ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor Licenses for: Vertical Perfections Tree Care 13705 Washburn Burnsville, MN Outdoor Specialties 560 Lone Oak Road Eagan, MN 55121 FACTS: • All requirements of the applications have been met. • Staff deems the applications in order for approval. C)4 Agenda Memo April 7, 2004 CONSENT AGENDA: H. Schedule Public Hearing for certification of delinquent Utility bills ACTION FOR CONSIDERATION: Schedule a Public Hearing for May 4, 2004 for the purpose of certification of delinquent utility bills to Dakota County for collection with property taxes. FACTS: • There are several delinquent utility bills that need to be certified to Dakota County for collection with property taxes. C~ 9 Agenda Information Memo April 7, 2004 Eagan City Council Meeting 1. SET PUBLIC HEARING DATE FOR MAY 4, 2004 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 4, 2004 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: • On a semi-annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. • The City currently has 17 delinquent accounts in the amount of $3,217.50. Additional information will be provided at the time of the public hearing. ~V Agenda Memo April 7, 2004 CONSENT AGENDA: J. Premise Permit - Eagan Athletic Association ACTION FOR CONSIDERATION: Approve a Premise Permit for the Eagan Athletic Association to conduct a pulltab operation at Al Baker's Restaurant. FACTS: • The Eagan Athletic Association has applied with the State of Minnesota for a premise permit to conduct a pulltab operation at Al Baker's Restaurant. • All requirements of the application have been met. • The Police Department has reviewed the application for the premise permit and finds no reason to deny. • The Eagan Lions Club previously conducted a pulltab operation at Al Baker's Restaurant, but as of April 0 they no longer have a lease there. • The Eagan Athletic Associations' pulltab operation will be the only premise permit held at Al Baker's. ATTACHMENTS: • A copy of the roposed resolution approving the premise permit is attached as page number. 09 RESOLUTION CITY OF EAGAN PREMISE PERMIT FOR EAGAN ATHLETIC ASSOCIATION TO CONDUCT PULL TAB OPERATION AT AL BAKER'S RESTAURANT WHEREAS, the Eagan Athletic Association has applied for a premise permit for a pull tab operation at Al Baker's Restaurant, 3434 Washington Drive; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Metro Baseball League application for a premise permit at Al Baker's Restaurant, 3434 Washington Drive. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: Those in Favor: By: Its Mayor Those Against: Dated: April 7, 2004 Attest: Its Clerk CERTIFICATION 1, Maria Petersen, 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 7th day of April, 2004. Maria Petersen, City Clerk 26 Agenda Information Memo April 7, 2004, Eagan City Council K. AUTHORIZE STAFF TO DISCONTINUE LICENSING SERVICE STATIONS ACTION TO BE CONSIDERED: To authorize staff to discontinue licensing service stations. FACTS: • As part of the on-going review of City service delivery in search of increased productivity, lower costs and greater efficiency, staff has questioned the public purpose of licensing service stations. • Historically, the City of Eagan required service (gas) stations to provide service bays which appears to be the primary reason why the practice of licensing service stations was undertaken. • In today's environment where convenience stores with gas pumps have replaced the traditional service stations and stand alone vehicle maintenance facilities exist, the requirement to provide service bays with gas pumps has been discontinued. • Staff has not been able to clearly identify a City public purpose regulatory or informational benefit that is derived from licensing service stations and is therefore recommending that the City practice be discontinued. • An informal survey of 10 area cities revealed that three of them license service stations and seven do not. • The City Code currently does not include any provisions providing for the licensing of service stations. Consequently, if the City Council desires to continue the practice, the City Attorney's Office should be directed to prepare an ordinance to amend the City Code accordingly. • ATTACHMENTS: (None) 3/ Agenda Memo April 7, 2004 L. COUNTY ROAD 63 (BAFIN TRAIL) TURNBACK ACTION TO BE CONSIDERED: Approve a jurisdictional turnback agreement with Dakota County and Inver Grove Heights for County Road 63 (Baffin Trial) and authorize the Mayor and City Clerk to execute all related agreements. FACTS: • County Road 63 is a rural county road beginning at Hwy. 149 and its intersection with Wescott Road. The southerly segment is known as Baffin Trail and runs northerly along the common corporate boundary with Inver Grove Heights to Opperman Drive. From there it becomes Argenta Trail and continues northeasterly through IGHt's. to its intersection with Hwy. 55. It then continues north of Hwy. 55 becoming Delaware Avenue north of I-494. • With the pending extension of Yankee Doodle Road (Co. Rd. 28) from Hwy. 149 to Hwy. 55, Dakota County has determined that the southerly segments (Baffin Trail & Argenta Trail) no longer meet the criteria for a County road and its function is primarily related to local access. • Dakota County has prepared an agreement whereby the County's jurisdiction of County Road 63 south of the new Yankee Doodle Road extension would be revoked and turned back to the cities of Eagan and Inver Grove Heights. All three agencies evaluated the condition of this County Road and determined where it was on its life cycle and what the financial cost would be to rehabilitate it to an acceptable condition if the County were to retain it. The agreement provides for the County's payment of $108,774 shared between Eagan ($19,564) and Inver Grove Heights ($89,210) based on the proportionate footage in each city. It is proposed that this contribution be placed in the Major Street Fund for the future upgrade of this road to city urban standards in the not-too-distant future. • This agreement has been reviewed by the City Attorney's Office and Public Works Department and found to be in order for favorable Council consideration. ATTACHMENT • Turnback Agreement, pages 3 3 through 3c~ AGREEMENTFOR REVOCATION AND REVERSION OF COUNTY ROAD 63 THIS AGREEMENT, made and entered into by and between the County of Dakota, hereinafter referred to as the "County" and the Cities of Eagan and Inver Grove Heights, hereinafter referred to as the "Cities". WITNESSES THE FOLLOWING: WHEREAS, Minn. Stat. Section 163.11, Subd. 5 and 9, authorize a county board to revoke county road status by resolution of the county board and upon agreement with the receiving jurisdictions; and WHEREAS, the County Board intends to pass a resolution revoking County Road status on that portion of County Road 63 described below; and WHEREAS, as a result of the revocation of County Road 63, the Cities will accept jurisdiction over said road segment as described below; and WHEREAS, the County and Cities desire to define the responsibilities and obligations which will result from this road revocation; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Dakota County hereby revokes County Road status on that portion of County Road 63 in the Cities of Eagan and Inver Grove Heights as laid out and traveled beginning at a point on the established center line of County Road 63 and on the northeasterly right of way of TH 149 in Section 13, Township 27N, Range 23W in the City of Eagan, and Section18, Township 27N, Range 22W in the City of Inver Grove Heights, and running northerly and northeasterly along the established center line of County Road 63 and terminating in Section 7, Township 27N, Range 22W in the City of Inver Grove Heights approximately 1.3 miles north of TH 149 to the new County Road 28 intersection. 2. Upon final execution of this Agreement by the proper officials for all parties, the County will pay the City of Inver Grove Heights $89,209.80 and pay the City of Eagan $19,564.16 for improvements to the County Road 63 (Baffin Trail) segment of roadway from Trunk Highway 149 to the new County Road 28 intersection. The Cities accept the money from the County as satisfaction in full for costs anticipated for roadway improvements. 33 Revocation and Reversion Agreement County Road 63 March 12, 2004 3. The Cities agree that they will accept the transfer of jurisdiction and all maintenance responsibilities for County Road 63 from the County to the Cities effective upon final execution of this Agreement by all parties. 4. No person engaged in work to be performed by the Cities shall be considered an employee of the County. Any claims that arise under the Worker's Compensation Act of this State on behalf of any City employee, while so engaged on any of the work called for in this Agreement shall not be the obligation or responsibility of the County. 5. Pursuant to Minnesota Statutes §166.06, subd. 4, any books, records, documents and accounting procedures and practices of the Cities and the County relevant to this Agreement are subject to examination by the County and either the Legislative Auditor or the State Auditor as appropriate. The Cities and County agree to maintain these records for a period of six years from the date of performance of all services covered in this agreement. 6. The entire and integrated agreement of the parties contained in this agreement shall supersede all prior negotiations, representations or agreements between the Cities and the County regarding jurisdiction and control over County Road 63 (between Trunk Highway 149 and the new alignment of County Road 28) whether written or oral. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials. CITY OF EAGAN AGREED TO AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EAGAN THIS DAY OF , 2004. By By City Clerk Mayor APPROVED AS TO FORM: (SEAL) By City Attorney 3q 2 Revocation and Reversion Agreement County Road 63 March 12, 2004 CITY OF INVER GROVE HEIGHTS AGREED TO AND APPROVED BY THE CITY COUNCIL OF THE CITY OF INVER GROVE HEIGHTS THIS DAY OF , 2004. By By City Manager Mayor APPROVED AS TO FORM: (SEAL) By City Attorney DAKOTA COUNTY RECOMMENDED FOR APPROVAL: By By County Engineer Chairman of the Board By (SEAL) Clerk to County Board APPROVED AS TO FORM: Date Assistant County Attorney COUNTY BOARD RESOLUTION No.: Date: 350 3 Agenda Information Memo April 7, 2004 M. PROJECT 806R, KENNERICK ADDITION STORM SEWER FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 806R (Kennerick Addition - Storm Sewer Improvements) and schedule a public hearing to be held on May 4, 2004. FACTS: • Project 806R provided for the installation of a storm sewer outlet and pond improvements for Pond HDP-1 on the north side of Lone Oak Road, west of Pilot Knob Road. The storm sewer from Pond HDP-1 to Pond HP-11 serves the Kennerick Addition, currently under construction, and other properties within this drainage district, all as outlined and discussed in the feasibility report. • This project, constructed under Contract 03-11, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are either based on the Feasibility Report's 2003 Storm Sewer Trunk charges for all of the properties not previously so assessed, or as previously agreed to under the terms of the Kennerick Addition development agreement. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ATTACHMENTS: • Final Assessment Roll Summary Sheet, page J / . 39 FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 806R ASSESSMENT - May 4, 2004 NAME - Kennerick Addition IMPROVEMENT - April 15, 2003 Storm Sewer Improvements IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasibility Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ® Trunk $.0925 $.0925 Sa.Ft. ❑ Lateral R1 Lateral 1,968.58 2,594 /Lot ❑ Service ❑ Lat. Benefit/trunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral ❑ Surfacing ❑ Service ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Water & San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERM RATE ASSESSED FINANCED $195,760 F.R. $213,330 F.R. 03-11 50 15 Years 4.5% $142,755.77 $439,141.18 COMMENTS: 3~ Agenda Memo April 7, 2004 N. PROJECT 771, LEXINGTON AVENUE REQUEST MUNICIPAL STATE AID VARIANCE ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Department of Transportation Commissioner's consideration of a variance to Municipal State Aid (MSA) standards regarding project plans and specification approval and contract award. FACTS: • Lexington Avenue (County Road 43), from Yankee Doodle Road to Lone Oak Road, was reconstructed in the 2001 and 2002 construction seasons as part of City Project 771 and Contract 01-07, with the City of Eagan as the lead contracting agency. • Prior to the reconstruction, this portion of Lexington Avenue was a part of the City's Municipal State Aid (MSA) system. • Also prior to the reconstruction, the City and Dakota County reached an agreement to transfer this portion of Lexington Avenue from the City's MSA system to the County's State Aid Highway (CSAH) system. • Plans and specifications for the reconstruction work are required to be approved by the Minnesota Department of Transportation (MnDOT) Commissioner prior to contract award by the contracting agency. • On May 1, 2001, the City Council approved the revocation of Lexington Avenue from the City's MSA system. • As a condition of the Commissioner's approval, MnDOT required that the transfer of the system designations from the City to Dakota County be completed. • On June 5, 2001 the City, as the lead agency on this County Road improvement, awarded Contract 01-07 to McNamara Contracting, Inc. for the Lexington Avenue improvements. • While the City Council had approved the revocation, the transfer to the County was not yet officially approved by the Commissioner of Transportation. The approval by the Commissioner occurred on June 20, 2001. Therefore, the plans and specifications were not approved prior to the contract award by the City. • This resolution requests consideration by the Commissioner of Transportation of a variance to this standard. Favorable consideration of the variance will allow the City to collect due MSA funding for its portion of the Lexington Avenue improvements. ATTACHMENTS: • Variance Request Resolution, page. RESOLUTION LEXINGTON AVENUE (CSAH 43) RECONSTRUCTION (YANKEE DOODLE ROAD TO LONE OAK ROAD) STATE AID PROJECT NO. 19-643-01 MUNICIPAL STATE AID VARIANCE REQUEST WHEREAS, County State Aid Highway (CSAH) 43, also known as Lexington Avenue, was reconstructed by the City of Eagan and Dakota County in the 2001 and 2002 construction seasons under City Project No. 771, Dakota County Project No. 43-17, and City Contract No. 01- 07; and, WHEREAS, at the time of contract award for the improvements, Lexington Avenue was on the City of Eagan's Municipal State Aid (MSA) roadway system; and, WHEREAS, the project plans and specifications for the improvements were not approved by the Minnesota Department of Transportation MSA division prior to the City awarding a contract for the work, as is required under MSA standards. The contract was awarded on June 5, 2001; and, WHEREAS, the plans and specifications were approved by the MnDOT MSA division on June 20, 2001; and, WHEREAS, reconstruction of Lexington Avenue was completed in accordance with all other MSA standards and regulations. NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan Minnesota hereby requests a variance from the Minnesota Department of Transportation to allow the contract award prior to Municipal State Aid plan and specification approval for State Aid Project No. 19-643-01. DATED this 7`h day of April, 2004. Pat Geagan, Mayor ATTEST: Maria Petersen, City Clerk CERTIFICATION State of Minnesota County of Dakota City of Eagan 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 7th day of April, 2004, as disclosed by the records of said City in my possession. Maria Petersen, City Clerk 3~ Agenda Memo April 7, 2004 0. LOTS 3,4,5, BLOCK 4, EAGANDALE CENTER INDUSTRIAL PARK NO.3 EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate a portion of a public drainage and utility easement and schedule a public hearing to be held on May 4, 2004. FACTS: • On March 30, 2004, City staff received a letter from Mr. John Hawkins, representing John Henry Foster, requesting the vacation of a portion of the existing drainage and utility easement on Lots 3, 4, and 5, Block 4, Eagandale Center Industrial Park No. 3 Addition, at the southwest corner of the Mike Collins Drive and Apollo Road intersection. • The drainage and utility easement were originally dedicated as part of the Eagandale Center Industrial Park No. 3 Addition plat to cover the high water levels of the storm water pond on the properties (Pond EP-1 as designated in the City's Storm Water Management Plan). • The purpose of the request is to vacate the potentially excess easement to allow the expansion of the existing John Henry Foster building on the properties. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. L~ Agenda Information Memo Eagan City Council Meeting April 7, 2004 Consent Agenda P. APPROVE ORDINANCE TO PERMIT SECURITY TRAILERS ON RESIDENTIAL PROPERTY FOR STATE CONSTITUTIONAL OFFICERS ACTION TO BE CONSIDERED: To approve an ordinance to permit the location of office trailers on residential property for security purposes for State Constitutional Officers. FACTS: • The City Code regulates the placement of office trailers on private property. At the request of the State Patrol, staff has reviewed the Code as it pertains to accessory structures on private property and has prepared an ordinance for consideration that would permit the use of such trailers to provide security for State Constitutional Officers. ATTACHMENTS: • Draft ordinance on pages ' - ~3 DRAFT - 3.23.04 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, RELATING TO MODULAR SECURITY BUILDINGS FOR STATE OF MINNESOTA CONSTITUTIONAL OFFICERS. The City Council of the City of Eagan does ordain and be in enacted: Section 1. Purpose Statement. The Eagan City Council finds that it is of significant public interest to protect the personal security of a State of Minnesota Constitutional Officer or his/her spouse or minor children (hereinafter "Officers' Families"). It is further of significant public interest to protect the person and property of an officer or an officers' family who resides within the City of Eagan. The City Council of the City of Eagan finds that it is in the best interest of the City and its residents to provide appropriate legislation that will promote and further the efforts necessary to provide security, and the means therefor, to State of Minnesota Constitutional Officers and the Officers' Families who reside within the City of Eagan. Section 2. Modular Building Permitted for Security. Notwithstanding any provision to the contrary in the City Code, a temporary modular building may be located on residential property located within the City of Eagan provided the following requirements are met: 1. The modular building is used solely by state employed or contracted security personnel and solely for the purpose of security detail of a State of Minnesota Constitutional Officer or his or her spouse or minor children; 2. The property on which the modular building is located is the homestead property owned by the State of Minnesota Constitutional Officer receiving the personal security; 3. The exterior area dimensions of the modular building do not exceed 128 square feet; 4. The exterior walls of the modular building shall match in color the exterior walls of the house structure on the property; 5. The modular building, if on a mobile frame, shall have skirting that shall match the exterior color of the modular building; 6. All electrical and communication service lines and cables to the modular building shall be buried in accordance with all code and regulation requirements and shall not be overground or over head to the service junction location; and 7. No modular building shall be permitted if it would prevent access into the house's primary garage stalls or cover more than 50% of the property's driveway area. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. a DRAFT- 3.23.04 ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 113 Agenda Information Memo April 7, 2004 Eagan City Council Meeting Q. FINAL PLAT (MANLEY PLAZA) - MANLEY LAND DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve a Final Plat (Manley Plaza) to create one lot located at 1850 Plaza Drive. REQUIRED VOTE FOR APPROVAL • Majority FACTS: • The proposed plat creates one 108,716 square foot lot. • The lot is vacant. • The property is zoned LB, Limited Business and Guided OS, Office Service. • Development is not proposed at this time; however, future development of Manley Companies Corporate Headquarters is planned for this lot and will be reviewed via the building permit process. ATTACHMENTS11): Final Plat page ~y NOTE PREUMINARY Subject to revision without notice. > a \ 4~v I I ZZqq L q't'ly ~ g a'~~~i \ r ~Ylh, ' ~'11 I y I g : MP - R g -c r^ N + ' . Qx I\Z `i?'•i~ r , I ` mmm- t~ ~ I r ! m ,a ; o C, 5 rri r-A I ~ N C-r:l C7 I ° ~ ~ C7 I ` D I •L __-___+\-__~ckL3S~£TML=IN9LTMS1'"_+L•21~3~___`~ y GALAXUE CLIFF PLAZA BOOR136'E 47Y.G0 GALAXIC CLIFF PLAZA N O O g d ; P1 If i Agenda Information Memo April 7, 2004 Eagan City Council Meeting R. A FINAL SUBDVISION (SODERHOLM 2ND ADDITION) - MANLEY LAND DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve a Final Subdivision to create two commercial lots, at 4155 Lexington Way, located on Lot 4, Block 1, Soderholm Addition. REQUIRED VOTE FOR APPROVAL • Majority FACTS: • June 17, 2003 the City Council approved a Preliminary Subdivision and Planned Development Amendment. • The subdivision proposes Lot 1 to be about 29,870 square feet and Lot 2 will be about 97,535. An office is proposed for Lot 1; Lot 2 contains an existing daycare operation. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Subdivision on page ~v L I viii ---am cow 2 • x a % gg ,,q P'r~ s8 °a 8 e 3 Sl~^N as € 1 • 4• +I ~ E9 I Y z?£_ / Iol Z 3^ Q ti.Ft3d~7-~ ~~6 a 11 11 gES S ~x~~ Q bt fi 3iT [j h < •mo°a g `Wisz? Q aY SO $ is o C.) t: C) ff~L} g ~ ; 1 ~2`8'~Ya Z Fi F •y € F v a " 1 ......a° ° @ : N _j 'Hill t_a.~ a ~F{ q~ I .C I N I by u~ E~ S'A ~ I I ~ S b a Lv t€. Q ~u d St f E !yy -\a' w, .-urrn on~ ~°1 LLI Q Tao „ .SFF a [dp l~ {AON ---=-------_j ---------------g, io I I 1 I Y ,7 ° I S H 61 I fR a °;S L F ~ ~i i I=Y u .9 S ~ ; . o b ~ E ° E °I I „anon m 1 01 u~ e:.6°e s ~Lf 4_________ _oJ Cg aesz I b - gif Invs'rLCnsnn- ° $ OYZLL 3.9L.LLOOS eY_ St b F ^ l~__-__-~_r.~__-__-__l LI/ •,n IL\"Iii-1_-__- -~_-_g~ ' L-Yi YI •~i f C ' \V,I '/„1 IVV1~/I VIr\J 1 _ \V,I ~'Yy m b ~ 6~ E F - I% k~ i L • E ° Y F E•i a $f r s E x,.. .Inl I innv I ! e~i t o j 4 S 1 rvlii~lu v W 8.- 5 55 f E~' ynnnq~r~.. g . a=e Agenda Information Memo April 7, 2004 Eagan City Council Meeting S. FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - CEDARVALE BUSINESS CENTER ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial for a Conditional Use Permit and setback Variance for a pylon sign requested by Realty Designs, Inc. for property located at 3902 - 3938 Cedar Grove Parkway. FACTS: ➢ At the applicant's request, the City Council continued action (to April 7, 2004) on this item at its regular meeting of March 16, 2004. ➢ Staff met with the applicant's attorney on March 18, 2004 to discuss the City Council's position and possible solutions. To date, the applicant has not presented an offer for staff or the City Council to consider. ➢ At its regular meeting of March 1, 2004, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Conditional Use Permit and setback Variance requested by Realty Designs, Inc. to be considered at the March 16, 2004 regular Council meeting. ➢ The matter was before the City Council on December 1 and 18, 2003, January 6, 2004, March 1, and March 16, 2004. ➢ The CUP and Variance request was heard by the Advisory Planning Commission on November 25, 2003. ATTACHMENTS: (1) Findings of Fact, Conclusions & Resolution of Denial, page Y / through-5.3. I/ g BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Realty Designs, Inc. FINDINGS OF FACT, for a Conditional Use Permit and Variance to CONCLUSIONS AND Erect a Pylon Sign at the Cedar-vale Business RESOLUTION Center This matter came before the Eagan City Council at its meetings of December 1 and 18, 2003, January 6, 2004 and March 1, 2004. The Council received and considered the November 14, 2003, Planning Report; input from City staff, minutes of the public hearing held by the Advisory Planning Commission on November 25, 2003; together with all existing files, records and prior proceedings and material as presented to the Council. Representatives of the landowner appeared at the public hearing held by the Advisory Planning Commission or at the meetings of the City Council. Based upon all the files, records and input which were presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The application by Realty Designs, Inc. (the "Applicant") for a Conditional Use Permit to erect a pylon sign at 3902 - 3938 Cedar Grove Parkway (the "Property") and a Variance of ten feet to the minimum required ten-foot setback for a pylon sign (the "Project") is properly brought before the Eagan City Council. 2. The property is legally described as being a part of Lot 1, Block 1, Stryker Addition, and over, across and upon Lot 1, abutting Cedar Grove Parkway, is a ten foot drainage and utility easement dedicated to the public on the plat of Stryker Addition (the "Easement"). 3. The Property is owned by Cedarvale Business Center and is designated SA, Special Area within the City's Comprehensive Guide Plan Land Use and is zoned CSC, Community Shopping Center. 4. The Property is developed with a mixed use, there are commercial uses on the ground level and apartments above. There exists a parking lot in front of the building along Cedar Grove Parkway, that is owned by Cedarvale Business Center, while an additional parking area to the rear of the building is owned by Cedarvale Highlands Apartments. 5. There currently exists a monument sign in front of the building, that is located in the public right of way for Cedar Grove Parkway. The monument sign is approximately in the middle of the lot between the east and west property lines for the Property. 6. A portion of the parking lot located along Cedar Grove Parkway extends into the dedicated Easements. 7. The Applicant's project includes the removal of the existing monument sign and the placement of a pylon sign near the same location. 8. Applicant's proposed sign would be located within the Easement. 9. The Applicant intends to provide a sign panel for each of the tenants located within the business center. 10. Section 11.70, subd. 28(3)(a) defines a business sign as any sign upon which there is any name or designation that has as its purpose business identification. 11. Section 11.0, subd. 28(c)(3) provides: "no business sign shall be located nearer than ten feet from any property or dividing line. 12. Applicant's proposed sign does not satisfy the minimum ten foot setback and therefore, a variance has been requested. 13. Section 11.40, subd. 8 prohibits the location of any structure in or on any public lands or right of way without approval by the City Council. 14. Section 11.30 of the City Code defines a public right of way as: "the entire area dedicated to public use or contained in an easement or other conveyance or grant to the state, county or city..." 15. Section 11.50 of the City Code provides the evaluation criteria for the issuance of a conditional use permit, and includes that such permit shall issue only if the council finds that the use at the location will be harmonious with the objectives of the comprehensive plan and code provisions. 16. Section 11.50, subd. 3, of the City Code sets forth the requirements for the Council to consider in the review of an application for a variance. 17. The Advisory Planning Commission recommended approval of the conditional use permit and variance, subject to conditions as found in the Minutes of November 25, 2003. 18. The Advisory Planning Commission's recommendation stated that the drainage and utility easement must be vacated prior to the issuance of the conditional use permit and if such vacation is denied, the sign shall be located outside of the drainage and utility easement area. CONCLUSIONS 1. The matter is properly brought before the Eagan City Council. 2. Under Section 11.50, subd. 3, the Council shall consider the following factors in its review of an application for a variance: a. Exceptional or extraordinary circumstances apply to the Property which do not apply generally to other properties in the same vicinity and result from lot size or shape, topography or other circumstances of which the owners of the Property have no control. 51 b. The literal interpretations of the provisions of this Code would deprive the Applicant proper use, commonly enjoyed by other properties in the same district. C. Special conditions or circumstances do not result from actions of the Applicant. d. The granting of the variance will not confer on the Applicant any special privilege that is denied by this ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. 3. The Applicant's narrative submitted in connection with the variance application states that they are asking to place the sign at the curb line because: "this location is the best for visibility and requires the least amount of modification of the trees on the property, and we already have power to this location to the existing sign." 4. Section 11.50, subd. 3 of the City Code states that the purpose for variances is to relax a strict application of the Code where practical difficulties or particular hardships result in carrying out the letter of the regulations. 5. The Applicant has failed to establish a hardship that would result from the placement of the sign in accordance with City ordinances. 6. Locating the sign on the Applicant's Property in conformance with City ordinances would not result in the removal of any significant vegetation, nor impact existing trees on the Property. 7. Enforcement of the City's regulations would not deprive the applicant of the enjoyment of any right held by other properties in the same district; however, the granting of a variance would confer the Applicant with a special privilege of having a structure in a City easement, a privilege not enjoyed by other owners of property in the same district. 8. The Property retains a viable use in its existing condition with a sign that meets City standards. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's requests for a Conditional Use Permit and Variance is hereby denied. Dated at Eagan, Minnesota this day of , 2004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk 6~3 Agenda Information Memo April 7, 2004 Eagan City Council Meeting T. FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL - MIDWEST TILE ACTION TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial for a Conditional Use Permit for additional outdoor storage requested by Midwest Tile for property described as Lot 5, Block 1, Eagan Pointe, located at 3181 Dodd Road. FACTS: ➢ At its regular meeting of March 16, 2004, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Conditional Use Permit requested by Midwest Tile to be acted upon at the April 7, 2004 regular Council meeting. ➢ The City Council discussion on this matter primarily centered on the location of the proposed outdoor storage expansion area and the impression that, due to the success of the business, the user may have out outgrown the building and site. ➢ The CUP was heard by the Advisory Planning Commission on February 24, 2004. ATTACHMENTS: (1) Findings of Fact, Conclusions & Resolution of Denial, page S~through 1504, SOY BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Robert McCabe and FINDINGS OF FACT, Midwest Tile for a Conditional Use Permit CONCLUSIONS AND to Allow For Additional Outdoor Storage at RESOLUTION 3181 Dodd Road This matter came before the Eagan City Council at its meeting of March 16, 2004. The Council received and considered the February 17, 2004, Planning Report; input from City staff; minutes of the public hearing held by the Advisory Planning Commission on February 24, 2004; together with all existing files, records and prior proceedings and material as presented to the Council. John Morehouse appeared on behalf of the Applicant at the public hearing held by the Advisory Planning Commission and at the meeting of the City Council on March 16, 2004. Based upon all the files, records and input which were presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Robert McCabe (the "Applicant") is the owner of Lot 5, Block 1, Eagan Pointe (the "Property"), located at 3181 Dodd Road. 2. Midwest Tile, Marble and Granite of Minnesota, Inc. operates a business on the Property. The Property is guided IND, Industrial under the City's Comprehensive Guide Land Use Plan, and is zoned I-1, Limited Industrial. 3. The Property is approximately two acres in size and is improved with a 15,860 square foot office/warehouse building. 4. In 2001, a Conditional Use Permit was issued for outdoor storage in designated areas on the west and south side of the building. S,50,0, 5. Since 2001, the City Code Enforcement Staff has found several violations in connection with the outdoor storage at the Property. 6. The Applicant is requesting a Conditional Use Permit to allow additional outdoor storage on the Property along the north side of the building. 7. The proposed outdoor storage consists of slabs of natural stone granite that are five to six feet tall and natural stone tile slabs that are in cartons. The Applicant proposes to install a slatted chain link fence to enclose the storage area. 8. In 2000, the proposed area for storage was designated for future building expansion. 9. The Property is surrounded by industrial uses, except to the East where there is a single-family residential district. 10. The proposed storage area would be visible from Trunk Highway 149 immediately to the north and east of the building. 11. Under Section 11.60, subd. 14, of the City Code, outdoor storage is an allowed use when conducted by an occupant of the principal building, through the issuance of a Conditional Use Permit. 12. Section 11.50, subd. 4, of the City Code establishes the criteria to be met in connection with the issuance of a Conditional Use Permit. 13. Section 11.70, subd. 22, of the City Code establishes the criteria for outdoor storage. 14. The Applicant's proposed storage area and fencing would block existing windows along the north face of the building. J 15. On February 24, 2004, the Advisory Planning Commission held a public hearing and recommended approval of the Conditional Use Permit, subject to conditions as set forth in the Minutes of the APC meeting. CONCLUSIONS 1. Section 11.50, subd. 4(C) of the City Code requires that a Conditional Use Permit be issued only if the Council finds that such use at the proposed location (1) will not be detrimental to or endanger the public health, safety and general welfare of the neighborhood or the City; (2) will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and Code provisions; (3) will be constructed, operated and maintained so as to be compatible in appearance and use with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 2. In addition to the requirements set forth in Section 11.50 of the City Code, Section 11. 70, subd. 22, sets forth performance standards for outdoor storage. 3. The Applicant seeks to expand a use (outdoor storage) that the City has continually had to monitor as a result of code violations. 4. The Applicant's activity on the Property demonstrates that the Applicant has outgrown the building and there is a higher likelihood of continued code enforcement issues, should the additional outdoor storage be approved. 5. The proposed enclosure along the east and north portion of the proposed outdoor storage area is architecturally and aesthetically unpleasing for the adjacent residents and users of Highway 149. s7 6. The Applicant's proposal would adversely affect the appearance of the existing building, which was approved for construction in 2000, in accordance with the building design requirements for the Industrial district. 7. The Property maintains a viable use in its existing condition. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for a Conditional Use Permit is hereby denied. Dated at Eagan, Minnesota this day of 32004. CITY OF EAGAN By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk J~~ Agenda Information Memo Eagan City Council Meeting April 7, 2004 Consent Agenda U. AUTHORIZE PREPARATION OF AN AMENDMENT OF CITY CODE CHAPTER 11 REGARDING SCREENING OF ROOF TOP MECHANICAL UNITS AND DEVELOPMENT SITE LIGHTING ACTION TO BE CONSIDERED: To authorize the preparation of an ordinance amending City Code Chapter II to require screening of roof top mechanical units for commercial, industrial and multifamily residential buildings and to establish standards for appropriate levels of development site lighting. FACTS: • The City Council considered certain performance standards as a part of recent workshop discussions. Among the matters discussed were the need for requirements to screen roof top mechanical units and the need to implement more objective standards for development site lighting, including screening of direct lighting and maximum light limits at property boundaries. • If this item is approved, the ordinance amendments would be considered through a public hearing process before the Advisory Planning Commission, as required by City Code for amendments of Chapter 11. s9 Agenda Information Memo April 7, 2004, Eagan City Council Meeting CONSENT AGENDA: V. WIRELESS FINGERPRINT IDENTIFICATION SYSTEM ACTION TO BE CONSIDERED: Approve a Memo of Understanding between the City of Eagan and Hennepin County for a "Wireless Fingerprint Identification System." FACTS: • The Eagan Police Department has been involved in a county wide initiative that researches and develops technical solutions for information sharing in Dakota County. • Through this committee, it was learned the Hennepin County Sheriff's Office has received a grant that provides a fingerprint identification system to law enforcement officers. • The Hennepin County Sheriff's Office has offered the Eagan Police Department the temporary use of this equipment at no cost to the city. All of the expenses will be attributed to the Hennepin County grant. • This equipment will help identify persons who have been previously arrested and have their fingerprints on file in a criminal data base. • The memo of understanding was reviewed by the city attorney's office. Attachments: Memo of Understanding related to the above. 01 6/- b3 60 EXHIBIT F MEMORANDUM OF UNDERSTANDING - PHASE III Memorandum Of Understanding In Reference To The WIRELESS FINGERPRINT DEMONSTRATION PROJECT AGREEMENT THIS MEMORANDUM OF UNDERSTANDING, made between the COUNTY OF HENNEPIN, State of Minnesota, hereinafter referred to as County, and the EAGAN POLICE DEPARMENT, a Law Enforcement agency in Dakota County, within the State of Minnesota, hereinafter referred to as Agency. Whereas, Hennepin County has agreed to administer a Grant Program provided by the United States Department of Justice through the NIJ Technology Program under Grant #2003-RG-CX-K101 and is intended for a demonstration program enabling law enforcement officers to field test a portable hand held digital fingerprint and photo device being provided by Identix Incorporated (IDNX), hereinafter referred to as Contractor. The Program is hereinafter referred to as the Wireless Fingerprint Demonstration Project - Phase 11 providing for the procurement of portable electronic fingerprint and photo devices, and along with supporting equipment, systems and services to provide a remote portable electronic identification system which is being provided by the Contractor under Hennepin County Contract A030457. The entire funding for this project is provided by the Grant, under the terns and conditions of the Contract. Whereas, the County's Grant application has been approved and a signed contract has been established between the County and the Contractor, Now, therefore, in consideration of the following conditions, the parties do hereby agree as follows: I . The County agrees to administer the Grant funding for the Contractor under the terms and conditions of the Contract to provide and install portable electronic fingerprint and photo devices, along with supporting products, equipment, systems, software and services to create an agency remote portable electronic identification system 2. The Agency agrees to accept and assume responsibility of said equipment and services during the Contract period of the Wireless Fingerprint Demonstration Project as defined in the Contract. The products, equipment, services and software being provided to the Agency under this agreement are contained in Exhibit A of this agreement. The Contract period for Agency usage of the products, equipment, systems, software and services provided by Contractor for the Wireless Fingerprint Demonstration Project is for a term of Twelve (12) months or earlier as provided for by the terms and conditions of the Contract. 3. The Agency acknowledges that the County makes no representations regarding the safety, quality, operation or performance of any of the products, equipment, systems, software or services provided by Contractor under the Contract. The Agency releases the County from any liability arising out of the Contractor's performance under the Contract. The Agency agrees to defend, indemnify and hold harmless the County from any losses, costs, expenses, judgments, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of the Agency in connection with this agreement. Nothing herein shall be deemed a waiver of the limitations on liability provided under Minnesota Statutes Sections 466.02 and 466.04. 4. The Agency understands that Hennepin County Sheriff's Office is the Grant Administrator as defined in the Contract and agrees to Hennepin County Sheriff's Office acting as the project manager for the delivery and installation of products, equipment and services at the Agency, along with verification of Contract conformance for acceptance and performance of delivered products, equipment and services. The Agency agrees to fully assist and cooperate with Hennepin County Sheriff's Office in its function as project manager for the Agency. The Agency also agrees to report all product, equipment, Contractor Agreement Wireless Demonstration Project - Phase II I F-1 6/ EXHIBIT F MEMORANDUM OF UNDERSTANDING - PHASE III systems, services and software problems to Contractor with a copy of the problem(s) to Hennepin County Sheriffs Office. The Agency also agrees to follow any Wireless Fingerprint Demonstration Project procedures provided to the Agency by the Hennepin County Sheriff's Office. 5. The Agency agrees to assign as part of their normal duties office staff member(s) and/or officer(s) to participate in the Wireless Fingerprint Demonstration Project. The Agency agrees to send assigned personnel to attend all training sessions provided by the Contractor. 6. The Agency understands that the Wireless Fingerprint Demonstration Project is an experimental pilot system without any prior operation history and that officers should not make any legal decisions based on the results of this system. Contractor will identify to the Agency the risks and limitations of using the Wireless Fingerprint Demonstration Project during training sessions. 7. Agency responsibilities, rights and liabilities as defined under the terms and conditions of Contract include but not limited to: a) Equipment Delivery Terms b) Warranty and Maintenance terms a) System Guarantee b) Liability Conditions c) Third Party Service Contracts d) System Software Licenses e) Equipment Delivery Terns f) Contractor Sensitive Documents and Information 8. The Agency agrees to conduct regular preventative maintenance checks as defined by the County and the Contractor. Products, equipment and software being provided to the Agency under the Contract are covered by the System Guarantee and Contractor's warranty terms. The Agency agrees to keep the provided products and equipment in usable condition and have any products and/or equipment repaired either under the Contractor's warranty terms or at the Agency's expense if such repair is not covered under any warranty. 9. The Agency agrees to participate and report the results in testing of the products and services as provided by the County and Contractor. 10. The Agency understands that all right, title, and interest for all products, equipment and systems provided to the Agency under this Agreement belong to the County and that all software provided to the Agency is licensed software of the Contractor and/or its subcontractors. The Agency agrees to return to the County all products, equipment, systems and training/documentation materials, along with all licensed software provided to the Agency by the Contractor under this Agreement at the termination of the Contract period or earlier as provided for by the terms and conditions of the Contract. The County expects that all products, equipment and systems being provided to the Agency to be returned in usable condition. The Agency agrees to pay any additional expense in having any County owned products and/or equipment removed such that it can be returned to the County. 11. The Agency reserves the right to terminate this Agreement earlier than the Contract period provided that thirty (30) day notice of such termination is given to the County and that all products, equipment and systems are returned to the County subject to the termination conditions as indicated in Condition 10. 12. Upon Agency's termination of this Agreement due either to completion of Contract Period or early termination due to other reason, Agency agrees to terminate any State of Minnesota connection charges and/or MDT charges required under the Contract. Other provided services under the Contract are paid for duration of Contract Period by the Contractor and do not require termination of any services by Agency. In Witness Whereof, the parties have hereto set their hands and seals the day and year first above written. Contractor Agreement Wireless Demonstration Project - Phase III F-2 602- EXHIBIT F MEMORANDUM OF UNDERSTANDING - PHASE III Authorized Agency Signature Authorized County Signature -CAPTAIN Title Title Date Date Contractor Agreement Wireless Demonstration Project - Phase III F-3 6.3 Agenda Information Memo April 7, 2004 City Council Meeting W. APPROVE PROMOTION AND FEES FOR SEASONAL MEMBERSHIP TO EAGAN COMMUNITY CENTER. ACTION TO BE CONSIDERED: To approve the $75.00 fee and promotion of a 90-day seasonal membership to the Eagan Community Center. FACTS: • Council approval of fees is required in order to include this promotion in the next edition of Discover, which will be sent to the printer in April. • Students home from school for the summer will be looking for a place to work out during the summer months. • Underutilization of a fitness facility by regular members happens naturally during the summer months so this is an optimal time to bring in extra revenue that would not be made by membership enrollment. • The promotion would allow non-members to purchase a membership between May 1 and July 15, 2004, which would expire 90 days from activation. • The purchaser will receive either a 10-punch group fitness card or a 1-hour session with a personal trainer, which must be used within the 90 day membership term. • The 90-day membership must be paid in full at time of enrollment and no contract will be signed. • The membership is non-refundable and non-transferable. • Individuals must be 15 years of age to purchase a seasonal membership. • At the end of the 90-day membership, the member will be offered the opportunity to become a regular member at a reduced enrollment fee of $35 (regularly $69). • Cost comparisons have been done with Lifetime Fitness, YMCA and Bally's in Eagan and the rate being proposed is less than their summer offerings. CONCERNS: None ATTACHMENTS: Promotional flyer, page 6~ Announcing Summer Membership Special Eagan Community Center Here is what you will receive: . 90 days . No enrollment . No contract==- 4 z. . Group fitness classes ~r or a Personal Training = session . All benefits of a o0~ member Unbeatable facility Amenities include: 3-court gym Over 60 pieces of fitness equip- ment . Jogging track Free weight area Locker rooms Flat screen TVs Core training area TT Everyone is welcome to purchase a special 90-day membership to the Eagan Fitness Center. No enrollment fees, no contract. Valid 90 days from date of purchase. Payment is due at time of purchase. Must be purchased by July 15th, 2004. Non-transferable, non-refundable. r.21 Stop in to purchase your 90-day pass or call for more info ~a 651.675.5550 EAGAN COMMUNITY CENTER 6~ Agenda Memo April 7, 2004 X. PROJECT 906/CONTRACT 04-07, LEXINGTON RIDGE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the petition and authorize the preparation of plans and specifications by the City Engineer for Project 906/Contract 04-07 (Lexington Ridge - Street Improvements). FACTS: • One April 1, 2004 City staff received a petition signed from Mr. Ray Miller, developer of the Lexington Ridge subdivision, requesting public street improvements within Lexington/Diffley Park to serve the Lexington Ridge development proposal. • One of the conditions of preliminary subdivision approval of the development is the public street improvement within the park. The condition requires that the developer to be financially responsible for these public improvements, whether done privately by the developer or as a City public improvement project. • Based on the petition and the waiver of objection to assessment with the development agreement, it would be appropriate for the City Council to authorize the preparation of detailed plans and specifications for the construction of these public improvements. 4 Agenda Information Memo April 7, 2004, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT - CEDARVALE LANES ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow an additional volley ball court in the parking lot April through August at property located at 3883 Cedar Grove Parkway, subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • In 1997 a Conditional Use Permit was issued to allow two seasonal outdoor volley ball courts. • Proposed hours of operation are 5:30pm - 11:00pm Sunday through Thursday. • The proposal involves a gross loss of 47 regular parking stalls, applicant states ample parking still available. • The Advisory Planning Commission held a public hearing on December 18, 2003, and is recommending approval; subject to the conditions in the APC minutes. 60 DAY AGENCY ACTION DEADLINE • April 17, 2004 ATTACHMENTS (2): d Advisory Planning Commission Minutes pages 0 through Planning Staff Report on pages7Qthrough 6 City of Eagan Advisory Planning Commission Meeting Minutes March 23, 2004 Page 6 C. CONDITIONAL USE PERMIT - CEDARVALE LANES A Conditional Use Permit to expand an existing outdoor volleyball court on Lot 1, Block 1, Cedarvale 2nd Addition, located at 3883 Cedar Grove Parkway in the NE 1/4 of Section 19. Chair Heyl stated she would be abstaining from voting on this item. Planner Cartney introduced this item and highlighted the information presented in the City Staff repor dated March 5, 2004. She noted the background and history. Vice Chair Bendt opened the public hearing. There being no public comment, Vice Chair Bendt closed the public hearing and turned the discussion back to the Commission. Vice Chair Bendt stated the proposal appears suitable for the area, particularly during the summe months. Member Gladhill moved, Member Hansen seconded a motion to recommend approval of Conditional Use Permit to expand an existing outdoor volleyball court on Lot 1, Block 1, Cedarval( 2nd Addition, located at 3883 Cedar Grove Parkway in the NE '/4 of Section 19 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County Recorder's office within 60 days of it approval by the City Council. 2. A copy of the parking agreement shall be provided to the City prior to release of the Conditional Use Permit. 3. The volleyball courts may be used during May through August each year. The courts shall be removed by Labor Day each year. 4. The volleyball courts shall be in the location shown on the site plan dated 12/12/03. 5. The volleyball courts shall be secured by fencing and other materials as shown in the elevation plans dated 12/12/03, and access to the courts shall be gained only through the main building. 6. All signage shall comply with the City Sign Code requirements. 7. No alcoholic beverages may be served or brought into the volleyball courts or the walkway leading to the courts. 6~' City of Eagan Advisory Planning Commission Meeting Minutes March 23, 2004 Page 7 8. A building permit shall be obtained each year prior to construction of the volleyball courts, decking and associated facilities. 9. Site lighting shall be indirect and diffused and lighting shall not be directed upon public rights-of-way or adjacent properties. Light standards shall not exceed 27 feet in height. 10. To ensure access in case of emergency, no parking shall be allowed adjacent to the courts. 11. This Conditional Use Permit shall amend the CUP approved in 1998. Chair Heyl abstained from voting on this item. All others voted in favor. Motion carried 4-0. 6~ PLANNING REPORT CITY OF EAGAN REPORT DATE: March 5, 2004 CASE: 19-CU-03-02-04 APPLICANT: Cedarvale Lanes HEARING DATE: March 23, 2004 PROPERTY OWNER: DCR Company APPLICATION DATE: February 17, 2004 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: 3883 Cedar Grove Parkway COMPREHENSIVE PLAN: SA, Special Area ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST The applicant is requesting approval to amend an existing Conditional Use Permit to allow an additional sand volleyball court (for a total of three temporary courts) in the parking lot during the non-peak bowling months of April through August, at property located at 3883 Cedar Grove Parkway in the NE 1/4 of Section 19. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 79 Planning Report - Cedarvale Lanes CUP March 24, 2004 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY Cedarvale 2nd Addition was platted in 1979 and Conditional Use Permits for the bowling alley and bar/lounge were also approved at that time. The building was constructed in 1980 and the deck was added in 1991. In 1997, a Conditional Use Permit was issued to allow two seasonal outdoor volleyball courts. EXISTING CONDITIONS The property is developed with a bowling alley and restaurant/bar. Cedarvale Lanes has 32 bowling lanes, and Fitz's bar and Grill has a seating capacity of approximately 150. The existing parking lot contains 195 stalls and according to the applicant, an additional 29 stalls are available for use through a private lease agreement with the property owner of the adjacent Shell site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Vacant CGD, Cedar SA, Special Area Grove District I/ Planning Report - Cedarvale Lanes CUP March 24, 2004 Page 3 East Residence CGD, Cedar SA, Special Area Grove District South Vacant CGD, Cedar SA, Special Area Grove District West Shell Service CGD, Cedar SA, Special Area station Grove District EVALUATION OF REQUEST Compatibility with Surrounding Area - The Cedarvale area has several commercial recreation facilities in addition to Cedarvale Lanes (i.e. Bally's US Swim & Fitness, Grand Slam Sports Entertainment, Total Hockey). The proposed use is accessory to the principal use, which is indoor bowling and a restaurant/bar. It is similar to seasonal outdoor sales in that it takes place outside, occurs seasonally and recurs on an annual basis. It can also be considered an extension of the principal indoor use, similar to how an outdoor dining or seating area is a seasonal and accessory to an indoor restaurant. Outdoor commercial recreation facilities are not specifically addressed in the CGD zoning district. The CGD zoning district allows indoor commercial recreation facilities as a conditional use. This request is presented for consideration of this accessory outdoor recreation facility as an appropriate conditional use in the CGD zoning district. A Conditional Use Permit has been approved for 2 other temporary courts under the same consideration. Site Plan - The site plan includes the construction of three volleyball courts in the parking lot to the southwest of the existing building. The courts would be surrounded by 21-foot high barrier netting. Entry to the courts would be gained only through the main building. The courts and the building would be connected by a walkway between the courts and the existing deck and separated from the parking lot by an 8 foot fence. A building permit would be required for construction of the facilities each year. Duration - Use of the volleyball courts would occur in May through mid-August of each year. The courts would be set up in late April after bowling leagues end and removed by Labor Day each year. Hours of Operation - The hours of operation will continue as approved with the original CUP. Matches start at 5:30pm and conclude by 11:00pm Sunday through Thursday. Weekend play is limited. Lighting - The lighting will remain the same with eight 400 watt 27 foot lights angled toward the courts. This same lighting was approved with the previous CUP. Lighting should be indirect and diffused and lighting should not be directed upon public right-of-way or adjacent properties. Landscaping - No additional landscaping is proposed at this time, the proposed court does not hinder on any existing landscaping. 2~2, Planning Report - Cedarvale Lanes CUP March 24, 2004 Page 4 Parking - The existing parking lot contains 195 stalls and according to the applicant, an additional 29 stalls are available for use through a private lease agreement with the property owner of the adjacent Shell site for a total of 224 stalls. The zoning code requires five parking stalls for bowling lane, and one for each three seats of bar/restaurant capacity, which calculates to a required 210 parking stalls. When calculating the leased stalls and onsite parking the site meets this requirement. The proposal involves a gross loss of 47 regular stalls to accommodate the volleyball courts. Consequently, 148 regular onsite stalls, and including the Shell site 177 stalls would be available for use during the volleyball season. The applicant states this is "more than ample for our summer parking needs." Since the summer months bring light use of the bowling facility where as, the bowling facility is heavily used between September and April. SUMMARY/CONCLUSION Cedarvale Lanes Inc. is requesting approval of a Conditional Use Permit to allow an additional seasonal outdoor volleyball court at Cedarvale Lanes for a total of three courts. This request is before the City for consideration as a use similar to other conditional uses in the Cedar Grove District. The main issues with this proposal are the parking. In 1998, a Conditional Use Permit was approved for two seasonal outdoor volleyball courts at this location, and staff is unaware of any complaints or issues with this seasonal use. ACTION TO BE CONSIDERED To recommend approval of an amended Conditional Use Permit to allow an additional seasonal outdoor volleyball court (three total) at Cedarvale Lanes, 3883 Cedar Grove Parkway Lot 1, Block 1, Cedarvale 2nd Addition. If approved the following conditions shall apply: 1. The Conditional Use Permit shall be recorded at Dakota County Recorder's office within 60 days of it approval by the City Council. 2. A copy of the parking agreement shall be provided to the City prior to release of the Conditional Use Permit. 3. The volleyball courts may be used during May through August each year. The courts shall be removed by Labor Day each year. 4. The volleyball courts shall be in the location shown on the site plan dated 12/12/03. 5. The volleyball courts shall be secured by fencing and other materials as shown in the elevation plans dated 12/12/03, and access to the courts shall be gained only through the main building. 6. All signage shall comply with the City Sign Code requirements. 7. No alcoholic beverages may be served or brought into the volleyball courts or the walkway leading to the courts. 8. A building permit shall be obtained each year prior to construction of the volleyball courts, decking and associated facilities. 1~3 Planning Report - Cedarvale Lanes CUP March 24, 2004 Page 5 9. Site lighting shall be indirect and diffused and lighting shall not be directed upon public rights-of-way or adjacent properties. Light standards shall not exceed 27 feet in height. 10. To ensure access in case of emergency, no parking shall be allowed adjacent to the courts. 11. This Conditional Use Permit shall amend the CUP approved in 1998. FINANCIAL OBLIGATION-I9-CU-03-02-04, Lot 1, Block 2, Cedarvale 2nd Cedarvale Lanes There are pay-off balances of special assessments totaling $-0- on the parcel proposed for the conditional use. At this time, there are pending assessments totaling $171,418 on the property for which the conditional use permit is requested. These pending assessments are for the reconstruction of Cedar Grove Parkway $42,380 and the upgrade of the Silver Bell Road and Highway 13 intersection $129,038. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection. IMPROVEMENT USE RATE QUANTITY AMOUNT None Total 9~5 Eagan Boundary Location Map f' l Street Centerline Parcel Area Building Footprint ti IP d w o y+°' ~t=Cr1 t ® Sub'ect Site f \ ® _ C9 ~ d 7 ® ® ® ® ® e ~ ~ ® Qom. ~ . ~ 4 1000 0 1000 2000 Feet Development/Developer.. Cedarvale Lanes Application: CUP Case No.: 19-CU-03-02-04 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N t by Dakota County Office of GIS and is current as of January 2004. It / o THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city of engnn 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 Home Depot Land Use Map Case No. 10-PA-02-02-04 31 Zoning Map ` v R- P D rD 3 Current Zoning: PD ccD R-4 CGD Cedar Grove District .D r^i C 'b R-4 t• CGD - 600 0 600 1200 het Comprehensive Guide Plan `r Land Use Map LD ~ IND IUD ~~aJ SA S ^HE) Current Land Use Designation: SA S `h SA % dJ HE) Special Area ®®g AS g ~O• t N' ~~sy f v R9v ED S a SA P 600 0 600 1200 het / P-1 bae ap Info p,-.d- y Dakota County Land Sttrosy Departmort Jute 2007. N Zonin0 itdormation maintained byCity StatL City of Eagan W E " ' THIS MAP 15 INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S and FIMSBAR & GRILL Sand Volleyball February 17, 2004 To: City of Eagan From: Cedarvale Bowl, Inc. 3883 Cedar Grove Parkway Eagan, MN 55122 Subject: Proposed Temporary Volleyball Court Conditional Use Permit Proposal: We are applying for permission to add an additional third court for a total of three temporary volleyball courts in our parking lot. Rationale: From September through mid April out facility is heavily used. During the bowling season we have approximately 55 bowling leagues made up of 2500 bowlers. But during the summer months (May through August) when lakes and cabins beckon, we have only four nights of partial leagues and our sales and volume of customers drop off dramatically the result is that our parking lot is mostly empty. We have had two courts for the last five years and this past year we had to turn away 20+ teams because we did not have the room for them. We believe that having a third court will meet this demand and help us reach our goal of having 100 volleyball teams. Last season we had 86 teams with 80 being our limit as a result we had many scheduling difficulties and we were not able to accommodate this demand. Timing: Immediately after bowling leagues end (4/16/04), we will begin erecting three courts. Volleyball play will end by 8/26/04 and immediately there after we will begin disassembly and have our parking lot restored to normal by Labor Day (9/6/04). Bowling league play begins the first Tuesday after Labor Day. Plan: Our proposal details three well-lit volleyball courts filled with sand, surrounded by a fence, and 21 foot high nylon netting. These courts are accessible only through our restaurant. Matches start at 5:30 pm and conclude by 11:00 pm Sunday through Thursday. Weekend play (Friday and Saturday) is very limited as many go out of town for the weekend. Benefits: The greatest benefit will be to retain 6-7 current employees over the summer months instead of having to lay them off. Secondly we will be able to accommodate the 14 teams that we would have to turn away. Additionally, this allows us the opportunity to replace our ageing volleyball facility and update the existing look. Mission statement: To provide all our customers with a product which has value and consistent quality delivered by excellent service in a pleasant, comfortable, and fun atmosphere. and FIMSBAR &GR1LL Sand Volleyball Parking: Present situation: We have 195 standard parking stalls, 4 handicap stalls, and an agreement with Cedar Grove Texaco Shell, to our north which allows us to park in 29 stalls on their property for a total of 228 stalls. Summer: To accommodate the temporary volleyball courts we will loose 47 regular parking stalls and will retain 148 regular summer parking stalls, 4 handicap stalls, and 29 Cedar Grove Texaco Shell stalls for a total of 177 stalls, which is still more than ample for our summer parking needs. Lighting: Lighting will remain the same with eight 400 watt 27 foot light standards angled towards the courts. The site lighting will not be directed on public rights-of-way or adjacent properties. Summary: Our mission statement says that we want "To provide all our customers with a product which has value and consistent quality delivered by excellent service in a pleasant, comfortable, and fun atmosphere." This project is consistent with that mission and an important part of our effort to ensure future growth and success by allowing us to use our facility during a slow time for our business. It also helps bring a new set of patrons and potential customers to the Cedar Grove area which may in turn help other businesses in the area. Respectfully, Wade C. Barber Vice President Mission statement: To provide all our customers with a product which has value and consistent quality 2 delivered by excellent service in a pleasant, comfortable, and fun atmosphere. /7 12'-0" . _ H Example of Single Section (NTS) f Y ,;,,n !t Notes: Decking is 5/4" Green Joists and Beams are 2x6 Posts are 4x6 Green Max. Joist Spacing 16" Max. Joist Length 4' o Max. Beam Span 5' N 101-0" 10 0'-0" 101-0" 10'-0" 10'-0" 81-0" o + 1 + + + 56'-0' Deck Plan Cedarvale Bowling Lanes o Summer Volleyball Courts _ Wil Traeger 1/16" = 1' 12/12/03 rn c C N LL c0 'p d U I I Ch c m Z b m m z I co m m Q Q 10 22V-0,' . 7 23'-1 1/2" Elevations Cedarvale Bowling Lanes Summer Volleyball Courts (fir Wil Traeger 1/16" = l' 12/12/03 Jv~r/ lf) 0'-3" o , CD Welds 0 io Pipe Detail (NTS) 8'-0" 30'-0" 30'-0" 0 iD 0 3'-0" CD 3'-0" 0 0 0 CV ip w Volleyball Courts Cedarvale Bowling Lanes summer Volleyball Courts Wil Traeger 12/12/03 - Pea- I 1- Cedarvale Bowling Lanes I ~ 1 1 I ~ .1 I ~1 1 I ~1 I ~1 1 I '1 I 1 1 I R fl I 1 I 1 , I 8 ~►y,~ ~1 1 I I I~ I` j I i ~ 136-6" I m I j I 0 I I I ~ I i I Rahn Road l ~ Site Plan Cedarvale Bowling Lanes Summer Volleyball Courts Wil Traeger NTS 12/12/03 Agenda Information Memo April 7, 2004, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT - HOME DEPOT ACTIONS TO BE CONSIDERED: To approve (OR direct findings of denial) a Planned Development Amendment to allow a garden hoop structure within the seasonal sales area on property located at 3220 Denmark Avenue; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • The site contains a 115,000 square foot retail home improvement store, with an additional 18,000 square foot outdoor retail sales area in the garden center and a seasonal outdoor sales area of 8,500 square feet. • The proposed structure will be located in the seasonal outdoor sales area. • The proposed structure is temporary and would be in place from April to mid-July each year. • The Advisory Planning Commission held a public hearing on March 23, 2004, and is recommending approval subject to the conditions in the APC minutes. 60 DAY AGENCY ACTION DEADLINE • April 13, 2004 ATTACHMENTS (2): Advisory Planning Commission Minutes age(s) Planning Staff Report pages8CthroughIX City of Eagan Advisory Planning Commission Meeting Minutes March 23, 2004 Page 9 E. PLANNED DEVELOPMENT AMENDMENT - GREENBERG FARROW ARCHITECTS A Planned Development Amendment to construct a garden port structure within the seasonal sales area on Lot 1, Block 1, Lexington Second Addition, located at 3220 Denmark Avenue (Home Depot) in the SE Y4 of Section 10. Planner Cartney introduced this item and highlighted the information presented in the City Staff repor dated March 5, 2004. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion bacl to the Commission. Member Gladhill stated concern with the aesthetics of the structure. Applicant Todd Mosher stated he was available for questions, and indicated the structure will bE white. Member Bendt moved, Member Leeder seconded a motion to recommend approval of a Planne< Development Amendment to construct a garden port structure within the seasonal sales area on Lo 1, Block 1, Lexington Second Addition, located at 3220 Denmark Avenue (Home Depot) in the SE 'i of Section 10 subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property. 2. The temporary hoop like structure stored in the seasonal sales area is limited from April to mid-July each year. 3. A building permit is required for the hoop structure each year. 4. The temporary hoop structure shall be located as indicated on plans dated received February 13, 2004. 5. The approved hoop structure shall only house plants and related gardening items. All voted in favor. Motion carried 5-0. U~ PLANNING REPORT CITY OF EAGAN REPORT DATE: March 5, 2004 CASE: 10-PA-02-03-04 APPLICANT: Todd Mosher HEARING DATE: March 23, 2004 PROPERTY OWNER: Kent Swank APPLICATION DATE: February 13, 2004 REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 3220 Denmark Avenue COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a garden hoop structure within the approved seasonal sales area on property located at 3220 Denmark Avenue in the SE 1/4 of Section 10. AUTHORITY FOR REVIEW Chapter 11, 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 of two-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 Lexington 2nd Addition was platted in 1998, and the existing Home Depot store was constructed shortly after. At the time of platting, the property was rezoned to Planned Development and the property has developed according to the approved plans. In 2000, a Planned Development Amendment was approved for an enclosed storage area at the rear of the store. EXISTING CONDITIONS f/ O(0 Planning Report - PD Amendment Home Depot March 23, 2004 Page 2 The site contains an 115,000 square foot retail home improvement store, with an additional 18,000 square foot of outdoor retail sales area in the garden center and a seasonal outdoor sales area of 8,500 square feet. The building is situated on the northwest portion of the property, with service and loading to the north and northeast, and parking on the south and east sides of the building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Post Office/vacant I-1, Limited Industrial ND, Industrial East Office/warehouse BP, Business Park SA, Special Area South Slumberland PD, Planned SA, Special Area Development West Fireside Hearth and PD, Planned SA, Special Area Home Development EVALUATION OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow a temporary garden structure in the approved seasonal sales area. The structure will be temporary and in place from April to mid-July each year. The intention of the hoop structure is to house live plants and garden related commodities (potting soil, peat moss, mulch etc.). The structure is to protect the plants that are wind and sun sensitive since the seasonal outdoor sales area is not covered. The approved store hours will apply to the seasonal sales area. The proposed hoop structure will occupy space in the approved seasonal sales area, limiting room for items normally stored outside in that area. Staff has some concerns with seasonal items "spilling" into locations outside of approved areas. Approval of the hoop structure should not permit additional outdoor storage or seasonal sales elsewhere on the property. SUMMARY/CONCLUSION The applicant is requesting a Planned Development Amendment to allow a temporary garden hoop structure in the approved seasonal sales area. The hoop structure will be erected in April and removed by mid-July of each year. The intention of the hoop structure is to house live plants and garden related commodities. Staff has some concerns with the loss of space and seasonal items "spilling" out of approved areas. Approval of the hoop structure should not permit additional outdoor storage or seasonal sales elsewhere on the property. Planning Report - PD Amendment Home Depot March 23, 2004 Page 3 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a garden hoop structure within the approved seasonal sales area on property located at 3220 Denmark Avenue. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property. 2. The temporary hoop like structure stored in the seasonal sales area is limited from April to mid-July each year. 3. A building permit is required for the hoop structure each year. 4. The temporary hoop structure shall be located as indicated on plans dated received February 13, 2004. 5. The approved hoop structure shall only house plants and related gardening items. Eagan Boundary Location Map ~ Street Centerline Parcel Area _J Building Footprint C )A 6, mug 4 7 sq3~ ©p l ~r , 7i i / Q a+ Sub'ect Site e b q - - I} V j L _A' I sr ® 1 I F - L G(ja go 0(2 I ~ r ~ Ira - o ~ ~ o / - In a oa 7ffl 1000 0 1000 2000 Feel Development/Developer. Home Depot Application: PD Amendment ~w Case No.: 10-PA-02-02-04 Map Prepared using ERSI Arc'Aew 3.1. Parcel base map data provided N by Dakoh County Office of GIS and is current as of January 2004. PI THIS MAP IS INTENDED FOR REFERENCE USE ONLY w+ E city of eoc~an The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S CommuNty Dsr.lopment O.parenrnt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Home Depot Land Use Map Case No. 10-PA-02-02-04 Zoning Map 1-7 SP - J i l -1 Current Zoning: R-3 PD PD Planned Development p~ = BP o• A. e' 0 PD P1 . p~ coo o co. 12.0 F..1 Comprehensive Guide Plan ' BP _ 1ND o Land Use Map MD IND r t Current Land Use Designation: SA SA o' SA Special Area P SA SA ' 600 0 Soo 1200 F..t Paree16.s• m•p inform prorWs a4ota County Land Sureey Departrned June 2003. N 410~ , Zsd lien nafnl•{n•d sye{ty Slaft City of Eagan 2-W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. 5 1 v y ~ i 1 1.A p ~ ~8 ~9 L W -.n 1 d 1 N ~ O 11 J,QQ~, t~-O W ~00 _ \ O N ul o % 1y 2 ¢ ¢ N S \ --a 111 i _R__ _ ____7~ O vW O 1 o ~Z r ~1 x i ~ a \ y~ O L€ ~ x a 1 OY~ o F ~ 1~ w j~ ° f1 i 1 11 0' Q 11 $ O 11 4 ~5 V V , ~ Y e~ r ~i ~ Gardenport Structure Located within the Seasonal Sales Area THE HOME DEPOT - Eagan, MN The main focus of the area will be on live plants and garden related commodities (potting soil, peat moss, mulch, etc.) typically required for the installation of the plants. Home Depot will utilize a split rail fence to enclose the area, and will also install a temporary greenhouse (hoop structure) within the fenced area to display and inventory the more sun and wind sensitive plants such as ground covers, perennials, and certain annual flowers. The balance of the fenced area will display and inventory additional flowers, perennials, and garden commodities. No large tools or equipment will be displayed in this area. The Seasonal Sales Area for this year is intended to operate from around April 9`h through July 11th. The hours of operation will not extend beyond the current store hours, but may vary slightly day-to-day depending on local customs, weather, and seasonal demand. RC'CEIVED FES 1 3 2004 Agenda Information Memo April 7, 2004, Eagan City Council Meeting C. PRELIMINARY SUBDVISION (PATRICK EAGAN PARK ADDITION) AND REZONING - TRUST FOR PUBLIC LAND ACTIONS TO BE CONSIDERED: To approve (OR direct findings of denial) a Rezoning of 2 acres located at 4045 Lexington Avenue from Agriculture to E, Estate. To approve (OR direct findings for denial) a Preliminary Subdivision (Patrick Eagan Park Addition) of 11 acres to create a two acre parcel and a nine acre Outlot on property located at 4045 Lexington Avenue; subject to the conditions in the March 23, 2004 Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority FACTS: • The site consists of two unplatted tax parcels located along Lexington Avenue, combined the site is about 11 acres. • The City is considering acquisition of the proposed Outlot. • No new construction proposed. • Rezoning and re-guiding of the Outlot will be done at a later date by the City. • The single family home is to remain on the newly created two acre parcel. ISSUES: • At Staff's request the APC added a condition that the applicant work with staff to create a conservation easement for Lot 1. • Subsequent to the APC meeting, the City Council Subcommittee has expressed interest in a covenant restricting future subdivision of the two acre parcel in lieu of a conservation easement. • The City Attorney has been informed that a covenant restricting further subdivision is acceptable to the Anderson's. 120 DAY AGENCY ACTION DEADLINE • June 17, 2004, a 60 day waiver has been signed for the rezoning 93 ATTACHMENTS (2): Q/ Planning Staff report on page through 7 4 Planning Commission minutes on pagenthrough 9 City of Eagan Advisory Planning Commission Meeting Minutes March 23, 2004 Page 10 F. REZONING & PRELIMINARY SUBDIVISION -THE TRUST FOR PUBLIC LAND A Rezoning of two acres from Agriculture to E-Estate and a Preliminary Subdivision (Patrick Eagan Park Addition) of eleven acres to create one single family lot and an outlot, located at 4045 Lexington Avenue S. in the SE'/4 of Section 22. Planner Cartney introduced this item and highlighted the information presented in the City Staff repor dated March 4, 2004. She noted the background and history. Bob McGillivray, Project Manager Consultant of Trust for Public Land asked for clarification of the conditions regarding the conservation easement, storm water, and sanitary sewer. City Planner Ridley explained that the conservation easement should;. be the only issue discusses with the Advisory Planning Commission. He stated the storm water and sanitary sewer is not ar Advisory Planning Commission issue; however, those issues can be addressed by the City Council. Mr. McGillivray stated concern with the condition regarding conservation easement on the two acr( parcel, which will decrease the value of the Anderson's property. He stated disagreement with the City not compensating the Anderson's for the decrease in property value. Chair Heyl opened the public hearing. Mrs. Spring, 4065 Lexington Avenue stated support for Trust of Public Land and stated concern fo access of her property. There being no further public comment, Chair Heyl closed the public hearing and turned thf discussion back to the Commission. Attorney Bob, Bauer explained that future subdivision could not be prohibited if the criteria are met. HE stated the conservation easement could prevent future expansion within the conservation easemen area such as garages, gazebos, sheds, etc. Chair Heyl stated agreement with the conservation easement due to the benefit for the City and the residents of Eagan. Member Hansen moved, Member Bendt seconded a motion to recommend approval of a Preliminan Subdivision (Patrick Eagan Park Addition) of eleven acres to create one single family lot and ar outlot, located at 4045 Lexington Avenue S. in the SE % of Section 22 subject to the followinc conditions as amended: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1,3 2. The property shall be platted. rOs City of Eagan Advisory Planning Commission Meeting Minutes March 23, 2004 Page 11 3. This development shall dedicate public right-of-way along Lexington Avenue, as determined by the Dakota County Plat Commission. 4. The final plat shall show dedicated right-of-way of 75 feet for Outlot A. 5. The developer shall work with City Staff to establish a conservation easement over Lot 1, Block 1 to preserve the integrity of the area and prevent alterations of the area surrounding the homestead. All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 4, 2004 CASE: 22-RZ-01-02-04 22-PS-02-02-04 APPLICANT: Trust For Public Land HEARING DATE: March 23, 2004 PROPERTY OWNER: Lee Anderson APPLICATION DATE: February 17, 2004 REQUEST: Rezoning, Preliminary Subdivision PREPARED BY: Sheila Cartney LOCATION: 4045 Lexington Ave and property to the north COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agriculture SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning from Agriculture to E, Estate for a 2 acre lot and a Preliminary Subdivision of 11 acres to create a nine acre outlot and a 2 acre parcel (Patrick Eagan Park Addition) for property located at 4045 Lexington Avenue and the property to the north in the SE 1/4 of Section 22. AUTHORITY FOR REVIEW 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 boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-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. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or 9~ Planning Report - Patrick Eagan Park March 23, 2004 Page 2 establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." 9~' Planning Report - Patrick Eagan Park March 23, 2004 Page 3 BACKGROUND/HISTORY The subject property consists of two unplatted tax parcels located along Lexington Avenue. The subject site is about 11 acres combined. The City Council is considering acquisition of the proposed Outlot A, which is 9 acres in area and is adjacent to Patrick Eagan Park. There is no new construction or development associated with this proposal. As such, the Preliminary and Final Subdivision will be processed simultaneously by the City Council. EXISTING CONDITIONS There is a single family home located on the southern half of the subject site. The site is heavily wooded with varying topography throughout. The property is accessed via Lexington Avenue. The property is located within the McCarthy Lake Shoreland Overlay District. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Patrick Eagan Park P, Park P, Park South Single family home R-1, Single family LD, Low Density residential East Lexington Ave ROW ROW West Patrick Eagan Park P, Park P, Park EVALUATION OF REQUEST Compatibility with Surrounding Area - The Comprehensive Land Use Plan designates this property as Low Density Residential which allows residential development of 0-4 units an acre. The applicant is proposing to rezone the resulting 2 acre parcel from A, Agriculture to E, Estate. This zoning is consistent with the land use designation. In the future, Outlot A will be rezoned from Agriculture to P, Park and will have the land use designation in the Comprehensive Land Use Plan changed from LD, to P, Park and Recreation. There is no new development associated with this proposal and Patrick Eagan Park is adjacent to the north and west. The proposed subdivision appears compatible with the area. Density -With the existing house being on a two acre lot the net density is 0.5 units per acre. The Comprehensive Land Use Plan allows 0-4 units an acre. 99 Planning Report - Patrick Eagan Park March 23, 2004 Page 4 Lots - The proposed lots comply with the minimum Estate and Shoreland Overlay lot requirements as indicated in the following table. Proposed Lot 1, which contains the existing home, is 2 acres and Outlot A is 9 acres. Estate Standards Shoreland Standards Lot 1 Outlot A Lot Area 16,000 sq. ft. 40,000 sq. ft. 2 acres 9 acres Lot Width 100 feet 100 ft 329.5' 461.7' 1 1 Setbacks - The Estate zoning district requires the following minimum principal structure setbacks: 30 foot front yard, 50 feet from Lexington Ave, 20 foot side yard, 30 foot rear yard. Rear and side yard setback for accessory structures is 10 feet. Based on the proposed subdivision, the existing home will comply with these setbacks. Other Shoreland Standards - The Shoreland ordinance allows a maximum impervious surface of 25 percent (i.e., house, shed, driveway, etc.). As proposed, the subdivision meets this requirement. Grading - The existing site has large variations in topography and is heavily wooded. The site generally slopes from east to west with grades ranging from 900 to 830 feet in elevation. No grading is proposed as part of this subdivision. Storm Drainages Storm sewer improvements are not necessary with this subdivision. Wetlands/Water Quality - In accordance with the City's longstanding policies and practices, proposed subdivisions are required either to treat stormwater through ponding or pay a fee in lieu of such ponding. This proposed subdivision is similar to other situations in which no new development is proposed but an existing parcel is subdivided. In most of these situations, the City requires cash to be dedicated in lieu of stormwater treatment, because on-site treatment is not necessary or practical. This proposed subdivision is different to other situations because most of the area of the parcel will become city park. Because of the overall benefit to the community of this subdivision process, it seems reasonable and appropriate to waive water quality dedication fees for this project. There are no jurisdictional wetlands associated with this site. Utilities - The existing house on Lot 1 is served by a City water service from Lexington Road, and a private septic sewer system. The nearest City sanitary sewer system is approximately 1,000 feet to the north within Patrick Eagan Park, and not available for connection by the existing house on Lot 1. /OV Planning Report - Patrick Eagan Park March 23, 2004 Page 5 Streets/ Access/ Circulation - The existing house on Lot 1 takes public street access to Lexington Avenue (County Road 43). Easements/ Permits/ Right-of-Way - The applicant is seeking a 20-foot variance from the 75-foot one-half right-of-way dedication required by Dakota County along Lexington Avenue (County Road No. 43). As of the date of this report, the Dakota County Plat Commission has not responded to the variance request. This development should dedicate public right-of-way along Lexington Avenue, as determined by the County Plat Commission. Outlot A should dedicate the normal 75 foot right-of-way. Tree Preservation - No significant trees will be removed as a result of the platting therefore no mitigation is required. Upon acquisition of the parcel the City will manage the site as a natural wood lot. Parks and Recreation - The site is being acquired by the City for the purpose of protection and preservation and will be considered as park land. Under such circumstance, it would be appropriate to waive parks and trail dedication. City Council Workshop - At the February 24, 2004 Council Workshop, the Council expressed the desire that the 2 area lot contain a conservation easement, in favor of the City, to preserve the integrity of the area. The easement should include all areas surrounding the homestead. SUMMARY/CONCLUSION The proposed rezoning from Agriculture to Estate is consistent with the Comprehensive Land Use Plan designation and the proposed subdivision appears compatible with surrounding properties. The proposed Preliminary Subdivision complies with relevant provisions of the City Code. Because there is no development associated with this proposal, no parks, trails, water quality dedication, wetland, or tree preservation is required. The Preliminary and Final Subdivision are being processed simultaneously by the City Council. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from A, Agriculture to E, Estate for 2 acres of land located at 4045 Lexington Avenue South. To recommend approval of a Preliminary Subdivision (Patrick Eagan Park Addition) of 11 acres to create a nine acre parcel and a 2 acre parcel, for property located at 4045 Lexington Avenue and the property to the north in the SE 1/4 of Section 22. If approved the following conditions apply: 1) The developer shall comply with these standards conditions of plat approval as adopted /D/ Planning Report - Patrick Eagan Park March 23, 2004 Page 6 by Council on February 2,1993: Al, B1,3 2) The property shall be platted. 3) This development shall dedicate public right-of-way along Lexington Avenue, as determined by the Dakota County Plat Commission. 4) The final plat shall show dedicated right-of-way of 75 feet for Outlot A. ~D~ STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. X03 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2,1993 LTS#5 STANDARD.CON FINANCIAL OBLIGATION-Preliminary Subdivision-Patrick Eagan Park There are pay-off balances of special assessments totaling $-0- on the parcels proposed for subdivision. At this time, there are no pending assessments on the property for which the subdivision is requested. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk S.F. $1,000/Lot 1 Lot $1,000 Storm Sewer Trunk S.F. .095/Sq. Ft. 36,649 Sq. Ft. 3,482 Total $4,482 Residual Parcel Storm Sewer Trunk (1) P.F. .0475/Sq. Ft. 128,272 Sq. Ft. 6,092 (1) In a normal subdivision, this area would be collected when further development occurs. WRITTEN NARRATIVE FOR SUBDIVISION AND REZOING APPLICATION FOR ANDERSON ADDTION TO PATRICK EAGAN PARK Overview: The Trust for Public Land ("TPL') seeks to subdivide the subject 11 acre parcel currently owned by Lee and Laurel Anderson into two parcels: a 2-acre parcel to be retained by the Anderson on which their home sits, and a 9-acre parcel to be purchased by TPL and sold to the City of Eagan for an addition to Patrick Eagan Park. Comprehensive Guide Plan: The existing and proposed designations are Low Density LD residential. The City may wish to consider changing the designation on the 9-acre parcel to park. Zoning: The current classification is Agricultural. The proposed designation is Estate. The City may wish to consider changing the zoning on the 9-acre parcel to park. Timing: We would like to complete the subdivision as soon as possible and sell the 9- acre parcel to the City for an addition to Patrick Eagan Park. Existing Land Uses: The home of Lee and Laurel Anderson is located on the 2-acre parcel. The 9-acre parcel is undeveloped land. Surrounding Land Uses and Zoning: The surrounding land uses and zoning are residential and park. Rezoning Impact: The rezoning will have little impact on the subject and surrounding property other than to ensure that the subject property is not further developed. The rezoning will also have little impact on City services. The rezoning and use of the property as natural area parkland will result in a better use of the land. Leaving the land as natural area instead of developing it will prevent runoff into McCarthy Lake, protect the scenic qualities of the entrance to Patrick Eagan Park, and provide a buffer between the existing trails in Patrick Eagan Park and traffic on Lexington Avenue. Eagan Boundary Location Map Sweet Centerline Parcel Area Building Footprint ~ ~ 9 45 dl P p ~ 9 6 f ~.P P ® 4. F3a~~ : ~ ~ ~ Es~ 7 e 4•eo- 3 . ~ ~ cd C7 Q E i v s Q ~s 4y I ~ ® ® qj a. 1q b..c. ® M ds 4 ect Sub' g ip ` J 0 4s 0 ~ B "Iwo IV* ® 4 p V { 0 d7 13 t ® V c3' I? Q ° s 1000 0 1000 2000 Feet Development/Developer: Trust for Public Land Application: Rezone Prelim Su Case No.: 22-PS-01-02-04 A *2 Map Prepared using ERSI Parcel base map data provided N by Dakota County Office of GIS and is current as of January 2004. . 'a., W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY city of e~gon The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 mmuoity oevatopment Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Sugar Bluffs Land Use Map Case No. 28-PS-21-10-03 Zoning Map ~~JI I I I I I I IPPI I P P s A Current Zoning: P A R-1 Agriculture PF •'J A ZO w O` PD R_1 Fi P PF A PF coo p sop +xoo p«t Comprehensive Guide Plan L 11111 Land Use Map P LD P LD e Current Land Use Designation: QP LD LD Low Density Residential (0-4 units/acre) Z~ O,r P HD QP Q LD RC QP coa o cop ~soo p«e Preel be snap formeli ovid Dakota County Land Survey Depart-d June 2003. N 2oi' r rmetion ned bytaty StafL +City of Eagan tai W+E E~ THIS MAP 15 INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S In I >z WoaoBm+,•■aool 1111111 's Gp tr Sri all. i } Q i. ; 0004 I I 1 m o a n 10 80900060 . .0 8688 ~ RR R m RR &~Re 5 is i -Id ~ SKI: f e. a ^aE ~ fib" = f~ ~F gg`g1 ~ f F I I I I r---- I I I I I t I I I r ' ~ I I I I IQP I I I I I Ei I I I I I ~s I C e a s a Awfrff*w a Ca RD. Na 13 oMe LEXWCYON AVE. S o a m ; F+ 1 e" ~t ~ !e ...,.o. ~ tea in fI1 }iE j ss a K'rt/ tgll.OW t$i r ~y as C Y ~ Q y ~ o 0 W L4 loll w F ,Oil l l l r----------------- I I I I I .~F' , I I I I , I R~ _ 5: ~ i I I I 1: IMP I's I I I I I ~5 I r. h a a a a n100~1TIti 7!1.71 a _ _ - - . - - - S C0. R0. No. 43 ok. LCANGWN AK. e•rnl+ is M S , is i ~8 1 1s= i~ fit oil _ ~ iC'NfL 1.NS400M 2 p 1 116 E I 8 1 L ' AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER APRIL 7, 2004 t~ I. CALL TO ORDER ,rte II. ADOPT AGENDA III. APPROVE MINUTES IV. OLD BUSINESS V. NEW BUSINESS 1SA. Resolution Approving Purchase Agreement for City Acquisition of Property for Redevelopment, Cedar Grove Redevelopment District, Jim Cooper Goodyear Property, 3999 Cedarvale Drive, and Related Agreements B. Approval of Request for Proposals, Cedar Grove Redevelopment District I Master Developer and Authorization for Distribution SSC. Schedule a Public Hearing for the Consideration of the Amended and Restated Development Agreement between the City and Grand Oaks LLC for the Redevelopment of Property for the Grand Oaks V Office Park and to Consider the Sale of Property to Grand Oaks LLC for that Purpose ®/510VI. OTHER BUSINESS y~ ~S''YVIL ADJOURNMENT Agenda Information Memo Eagan Economic Development Authority Meeting April 7, 2004 1. CALL TO ORDER ACTION TO BE CONSIDERED: To recess the regular City Council meeting and convene a meeting of the Economic Development Authority. II. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. III. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the March 1, 2004 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on page ~ is a copy of the minutes of the March 1, 2004 EDA meeting. • Enclosed on pages R-9- is a copy of the resolution approving the minutes of the March 1, 2004 EDA meeting. /l ~ MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 1, 2004 A meeting of the Eagan Economic Development Authority was held on Monday, March 1, 2004 at the Eagan Municipal Center. Present were President Geagan and Commissioners Carlson, Fields, and Maguire. Also present were Executive Director Tom Hedges, City Planner Mike Ridley, Director of Public Works Tom Colbert, Community Development Director Jon Hohenstein, City Attorney Mike Dougherty, Administrative Secretary / Deputy Clerk McGarvey. ADOPT AGENDA Commissioner Tilley moved, Commissioner Maguire seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Carlson seconded a motion to adopt a resolution approving the minutes of the January 20, 2004 EDA meeting as presented. Aye: 5 Nay: 0 NEW BUSINESS RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT Community Development Director Hohenstein made a brief presentation. Commissioner Maguire moved, Commissioner Tilley seconded a motion to adopt a Resolution Approving Purchase Agreement for City Acquisition of Property for Redevelopment, Northeast Eagan Redevelopment District, Mary Imre/TMI Coatings Property, 2805 and 2809 Dodd Road, and Related Stipulations and Relocation Agreements. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Tilley moved, Commissioner Fields seconded a motion to adjourn the meeting at 10:33 p.m. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454- 8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. //-3 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE MARCH 1, 2004 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the March 1, 2004 regular meeting of the Eagan Economic Development Authority. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 71h day of April, 2004. Jon Hohenstein, Secretary/Deputy Executive Director Agenda Memo Eagan Economic Development Authority Meeting April 7, 2004 V. NEW BUSINESS A. RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, JIM COOPER GOODYEAR, 3999 CEDARVALE DRIVE, AND RELATED AGREEMENTS. ACTION TO BE CONSIDERED: To adopt a resolution approving the purchase agreement and related agreements for City acquisition of the Jim Cooper Goodyear property at 3999 Cedarvale Drive in the Cedar Grove Redevelopment District for redevelopment purposes. FACTS: • As a part of the Cedar Grove Redevelopment District activities, the EDA and City Council previously authorized staff to pursue the acquisition of the Jim Cooper Goodyear property. • The City Attorney and staff have concluded negotiations with the property owner at this time and are presenting a proposed purchase agreement and occupancy agreement for consideration by the EDA and Council at this time. If approved, the agreement contemplates a closing on the property on the earliest available date. • Under the terms of the purchase agreement, the City will acquire the property at a cost of $520,000. The property will be assembled with other properties in the area and will be resold to the party selected to redevelop the Cedar Grove West District, consistent with the redevelopment plan for the area. • Under the terms of the agreements, the owner's relocation benefits have been addressed as required by law. The property owner previously vacated the property and it is currently not occupied. • The copy of the relocation agreement attached to the purchase agreement has the signature block exed out because it will be executed at the time of closing. ATTACHMENTS: • Resolution on page 1 • Area map on page • Purchase agreement enclosed on pages y //So 000 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT IN THE CEDAR GROVE REDEVELOPMENT DISTRICT FOR JIM COOPER GOODYEAR PROPERTY LOCATED AT 3999 CEDARVALE DRIVE AND RELATED AGREEMENTS BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement and related agreements for the Jim Cooper Goodyear property, located at 3999 Cedarvale Drive in the Cedar Grove Redevelopment District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 7th day of April, 2004. Jon Hohenstein, Secretary/Deputy Executive Director //9 i Eagan Boundary Street Centerline Parcel Area uilding Footprint Location Map ~ B WELL KW-- IL IL o W 3 Off' \'A \ OHO • \ / oP~ Sub'ect Site i Oy BLUESTONF _ 9 i 2 ~ ` <4 N IE3 _ J qT 4gHf ' / ~ \ m ~ ,,th e i o • C 91 500 0 500 1000 Feet Jim Cooper Goodyear Tire Site N Map Prepared using ERSI AmView 3.1. Parcel base map data provided by Dakota County Office of GIS and is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E citV of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S CommuNty Davdopment Department not responsible for errors or omissions. PURCHASE AGREEMENT This Purchase Agreement ("Agreement") is made this day of , 2004, by and between the Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter referred to as `Buyer"), and BTA Investment Company, a Minnesota partnership (hereinafter "Seller") (collectively referred to as the "Parties"). WHEREAS, Seller is the owner of certain real estate located in Dakota County, Minnesota and legally described as follows: That part of the Northeast Quarter (NE 1/4) of Section nineteen (19), Township twenty-seven (27), Range twenty-three (23), Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of said Northeast Quarter (NE'/); thence North, assumed bearing, along the west line of said Northeast Quarter (NE 1/4) a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence N 47 degrees 00 minutes E a distance of 270.00 feet; thence N 18 degrees 13 minutes E a distance of 159.4 feet; thence S 40 degrees 55 minutes E a distance of 75.0 feet to the actual point of beginning. Said last described line to be hereinafter referred to as Line "A"; thence S 49 degrees 05 minutes W. parallel with the southeasterly right of way line of State Highway No. 13 a distance of 20.0 feet; thence S 40 degrees 55 minutes E a distance of 140.35 feet to a line parallel with and 50 feet northwestorly of the northwesterly right of way line of Beau-De-Rue Drive; thence N 56 degrees 41 minutes E parallel with said northwesterly right of way line 221.95 feet more or less to a line 200.0 feet northeasterly of, measured at right angles to and parallel with said Line "A"; thence N 40 degrees 55 degrees W parallel with said line "A", 129.71 feet to a line parallel with and 250 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence S 49 degrees 05 minutes W parallel with said southeasterly right of way line 100.0 feet; thence N 40 degrees 55 minutes W parallel with said Line "A" a distance of 40.0 feet to its intersection with a line bearing N 49 degrees 05 minutes E from the point of beginning; thence S 49 degrees 05 minutes W a distance of 100.0 feet to the point of beginning. (the "Property"); and WHEREAS. the Property is located within the Cedar Grove Redevelopment Area located within the City of E agan and Seller has previously relocated the business on the Property prior to the Buyer's intention to acquire the same for redevelopment; and e WHEREAS, the Seller is willing to sell the Property to Buyer and Buyer is willing to acquire the Property all upon the terms and conditions contained herein. NOW, WHEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PURCHASE PRICE. The purchase price for the Property shall be $520,000.00, which amount, per Buyer's request, includes relocation benefits as provided in the Relocation Benefits/Indemnification Agreement in the form and text of Exhibit "A" attached hereto. 2. PAYMENT AND PURCHASE PRICE. The purchase price shall be paid by the Buyer in cash or certified funds on the date of closing. 3. TITLE AND REMEDIES. Seller shall, within twenty (20) days after execution of this Agreement, furnish an Abstract of Title, or a Registered Property Abstract certified to date to include proper searches covering bankruptcies, and state and federal judgments and liens or, if no abstract can be located, Seller may provide a commitment for an ALTA Owner's Policy of Title Insurance for the full purchase price. The Buyer shall be allowed thirty (30) days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made, Seller shall be allowed 30 days to make such title marketable. Pending correction of title, the payments hereunder shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If said title is not marketable and is not made so within 30 days from the date of written objections thereto as above provided, this Agreement shall be null and void, at the option of the Buyer, and neither party shall be liable for damages hereunder to the other party. All Earnest Money theretofore paid by the Buyer under this Agreement shall be refunded. If title is not marketable and not made so within 30 days from written objections but Buyer elects to proceed with the purchase as contemplated by this Agreement, any uncured matter to which Buyer made written objections shall be deemed to be waived by Buyer and shall be a "Permitted Exception" to the Warranty Deed under paragraph 8(a)(i) of this Agreement. 4. REAL ESTATE TAXES. Real estate taxes for all years prior to the year of closing shall be Seller's responsibility. Real estate taxes due and payable in the year of closing shall be prorated to the date of closing. Buyer shall be responsible for real estate taxes in all subsequent years. Seller shall be 2 I responsible for any deferred real estate taxes (i.e. Green Acres taxes for the property, which shall be paid at closing). 5. SPECIAL ASSESSMENTS. Buyer shall be responsible for and shall assume any pending levied special assessments against the Property. Seller shall be responsible for and shall pay at closing all assessments levied against the Proper ty as of the date of this Agreement. 6. WELL DISCLOSURE/SEPTIC SYSTEMS DISCLOSURE. Seller shall provide a well disclosure and septic system disclosure within ten days following execution of this Agreement, or a statement that Seller certifies that Seller does not know of a private sewer system on or serving the Property or of any wells on or serving the Property. Buyer shall be responsible for capping and sealing any well on the Property and for removing any septic system on the Property. 7. CLOSING. The closing shall take place on or before March 31, 2004 at a place designated by Buyer in Dakota County, time being of the essence. 8. OBLIGATION OF PARTIES AT CLOSING. At the closing between Buyer and Seller with respect to the Property: a. Seller shall: i. Execute and deliver a Warranty Deed conveying marketable fee title to the Property to the Buyer, free and clear of any liens and encumbrances, subject to the following: (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; (C) Drainage and utility easements which do not interfere with existing improvements; (D) Reservation of any mineral rights by the State of Minnesota; and (E) any matter to which EDA failed to object or any objection which EDA waived under Section 3 of this Agreement. (the "Permitted Exceptions"); ii. Pay all costs relating to the updating of the Abstract of Title and the issuance of any title insurance commitment; 3 iii. Execute and deliver an Affidavit of Seller indicating the absence of judgments, mechanic's liens, bankruptcy, etc...; iv Provide a FIRPTA Affidavit; V. Execute and deliver a Relocation Benefits/Indemnification Agreement in the form and text of Exhibit "A" attached hereto; and vi. Execute and deliver such other documents as may be reasonably required by Buyer to effectuate the sale and transfer of the Property. b. Buyer shall. i. Make the necessary payments required under paragraph 2 of this Agreement; ii. Pay all recording fees and charges relating to the filing of the Warranty Deed; iii. Pay the title insurance premiums and the closing fee charge for the title company, if any; and iv. Pay the state deed tax. 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER. In order to induce Buyer to enter into this Agreement and purchase the Premises, Seller hereby represents, warrants and covenants to Buyer. 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 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. 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 4 A-/ paid for prior to the closing date so that no lien for labor or materials rendered can be asserted against the Premises. D. There are no notices, orders, suits, 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. Seller agrees not to enter into any new Contracts affecting the Premises without Buyer's prior written consent which shall not be unreasonably withheld. F. No 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 failed to take any action which could subject Seller or Buyer 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 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. 5 /0~ G. That Seller shall convey title to the Premises, free and clear of any and all liens and encumbrances whatsoever except the Permitted Exceptions. H. There is no action or proceeding pending against Seller or any part of the Premises that, if determined adversely as to Seller, Buyer or the Premises, would have a material adverse effect on title to or the enjoyment, use or value of the Premises, or that could interfere with the consummation of the transaction contemplated by this Agreement, and, to the best of Seller's knowledge, no such action or proceeding is contemplated or threatened by any party. 1. That there is or will be at the time of closing direct access to and from the Premises on publicly dedicated streets and to public utilities, and, to the best of Seller's knowledge, no fact or condition exists which would result in the termination of access to and from the Premises or the cessation of utilities necessary for the operation of the Premises as a business or service as permitted by the city. J. There are no soil compaction or subsurface conditions that would interfere with either the ability of the Premises to support buildings or the operation of the Premises as a business or service as permitted by the city other than disclosed herein. K. That each and every undertaking and obligation of Seller under this Agreement and any collateral agreement shall be performed by Seller timely when due. L. The Seller certifies and warrants that Seller, to the best of its knowledge, 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. M. There are no aboveground tanks or underground tanks on the Premises. N. 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. 0. There are no existing or abandoned "individual sewage treatment systems" (within the meaning of Minn. Stat. §115.55) on or serving the Premises. 6 lo?3 P. The Seller has no knowledge of any dispute concerning the location of the boundary lines and corners of the Premises. All buildings, structures and improvements located on the Premises, if any, are entirely within the boundary lines of the Premises. The Seller does not know of any encroachments onto the Premises. Q. The Seller shall deliver possession of the Property, in "broom clean" condition on the date of closing. The representations and warranties set forth in this Section 9 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 Buyer from and against and to reimburse Buyer with respect to any and all loss, damage, liabilities, claims, expenses and costs (including attorney's fees and court costs) asserted against or incurred by Buyer by reason of or arising out of the breach of any representation, warranty or covenant as set forth in this Section 9. 10. 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.P.S or Federal Express) sent by facsimile (with verification of receipt) 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 the Seller: Eagan Economic Development Authority Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 To the Buyer: BTA Investment Company Attn: James Cooper 7 11. HEADINGS. The headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of such section or paragraph. 12. GOVERNING LAW. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 13. HEIRS, SUCCESSORS AND ASSIGNS. The terms, conditions and covenants shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 14. DEFAULT. a. Buyer's Remedies. If Seller shall fail to consummate this Agreement for any reason except Buyer's default or the termination of this Agreement pursuant to a right to terminate given herein, Buyer may enforce specific performance of this Agreement or may terminate this Agreement and have all of the Earnest Money refunded to Buyer. b. Seller's Remedies. If Buyer shall fail to consummate this Agreement for any reason except Seller's default or the termination of this Agreement pursuant to a right to terminate given herein, Seller shall have the right to cancel this Agreement and retain the Earnest Money, pursuant to Minnesota Statutes Section 559.21, as Seller's sole and exclusive remedy. 15. COMMISSION. Seller represents to Buyer that Seller has not engaged, and Buyer represents to Seller that Buyer has not engaged, any broker or agent in connection with the entering into of this Agreement, the sale or purchase of the Property, or the consummation of the transactions contemplated herein. 16. SALE IN LIEU OF CONDEMNATION. The Parties acknowledge and agree that this sale is in lieu of potential condemnation by the Eagan Economic Development Authority, for use in a potential redevelopment project. 8 IN WITNESS WHEREOF the parties have executed this Agreement this day of 12004. SELLER: BUYER: BTA INVESTMENT COMPANY, EAGAN ECONOMIC DEVELOPMENT A Minnesota partnership AUTHORITY, a Minnesota municipal corporation _ By: By: L', James oop Pat Geagan Its: P r Its: President By: Thomas L. Hedges Its: Executive Director 9 EXHIBIT "A" RELOCATION AGREEMENT THIS AGREEMENT is entered into this day of , 2004, by and between Eagan Economic Development Authority, a Minnesota municipal corporation ("EDA"), and BTA Investment Company, a Minnesota partnership ("BTA"). RECITALS: A. BTA is the owner of a building located on real property in Dakota County, Minnesota, and legally described as follows: That part of the Northeast Quarter (NE '/4) of Section nineteen (19), Township twenty-seven (27), Range twenty-three (23), Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of said Northeast Quarter (NE 1/4); thence North, assumed bearing, along the west line of said Northeast Quarter (NE 1/4) a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence N 47 degrees 00 minutes E a distance of 270.00 feet; thence N 18 degrees 13 minutes E a distance of 159.4 feet; thence S 40 degrees 55 minutes E a • distance of 75.0 feet to the actual point of beginning. Said last described line to be hereinafter referred to as Line "A"; thence S 49 degrees 05 minutes W. parallel with the southeasterly right of way line of State Highway No. 13 a distance of 20.0 feet; thence S 40 degrees 55 minutes E a distance of 140.35 feet to a line parallel with and 50 feet northwesterly of the northwesterly right of way line of Beau-De-Rue Drive; thence N 56 degrees 41 minutes E parallel with said northwesterly right of way line 221.95 feet more or less to a line 200.0 feet northeasterly of, measured at right angles to and parallel with said Line "A"; thence N 40 degrees 55 degrees W parallel with said line "A", 129.71 feet to a line parallel with and 250 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence S 49 degrees 05 minutes W parallel with said southeasterly right of way line 100.0 feet; thence N 40 degrees 55 minutes W parallel with said Line "A" a distance of 40.0 feet to its intersection with a line bearing N 49 degrees OS minutes E from the point of beginning; thence S 49 degrees 05 minutes W a distance of 100.0 feet to the point of beginning. (the "Subject Property"). l? B. EDA will acquire the Subject Property and has agreed to provide certain relocation benefits to BTA pursuant to MINN. STAT. § 117.52 and other applicable laws. C. EDA desires to acquire BTA's possessory interest in the Subject Property. D. BTA desires to accept the relocation benefits outlined herein and relocate a business and any other operations occurring at the Subject Property. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, EDA and BTA agree as follows: SECTION ONE RELOCATION BENEFITS 1.1 EDA shall pay BTA the following relocation benefits: (a) Moving Expenses. The EDA will pay the sum of $10,000.00* as and for full and final compensation for moving expenses and other eligible relocation expenses. This amount is based on estimates and is reasonable; and (b) Reestablishment Expenses. Contemporaneously with the execution of this Agreement, the EDA shall pay to BTA reestablishment expenses in the amount of $10,000.00*. * At the request of BTA, these amounts are included within the purchase price for the Subject Property. SECTION TWO VACATION OF SUBJECT PROPERTY 2.1 BTA shall vacate the Subject Property pursuant to the terms of a separate Lease Agreement. SECTION THREE RELOCATION OBLIGATION SATISFIEDIWAIVER OF CLAIMSANDEMNIFICATION 3.1 BTA expressly acknowledges that the obligations of EDA under this Agreement shall fully satisfy EDA's obligation to provide relocation assistance as required CV? 8 under applicable law. BTA expressly waives any other claims against EDA (on BTA's behalf and on behalf of its successors or assigns) for reimbursement or payment of any other item related to vacating the Subject Property and/or relocation to another place of business. 3.2 BTA shall indemnify and hold EDA harmless from and against any claim for relocation benefits by any past or present occupant of the Subject Property. SECTION FOUR MISCELLANEOUS 4.1 The covenants, representations, warranties and indemnifications set forth herein shall survive this transaction of this transaction. 4.2 BTA and EDA represent to each other that no real estate brokers are involved in this transaction and that no real estate commissions are owed as a result of this Agreement. BTA and EDA hereby indemnify each other for any claim, cost, or • damage related to any brokerage fee due because of this Agreement. 4.3 Any notice, demand, or request which may be permitted, required or desired to be given in connection herewith shall be in writing and sent by certified mail, hand delivery, overnight mail service such as Federal Express, or Western Union telegram or other form of telegraphic communication, directed to BTA or EDA at the respective address of each. Any notice shall be deemed effective when delivered to the party to whom it is directed. 4.4 Time shall be of the essence in this Agreement. Where any date or time prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday, such date or time shall automatically be extended to the next normal business day. 4.5 Each party hereto shall promptly, on the request of the other party, have acknowledged and delivered to the other party any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 4.6 This Agreement may not be changed, modified or rescinded, except by a written agreement signed by both parties hereto. 4.7 If any party defaults under any of the terms hereof, the non-defaulting party shall have the right to pursue any remedies available to the non-defaulting party at law or in equity including specific performance, damages (including attorney's fees) and the cancellation of this Agreement. 4.8 If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. 4.9 Failure of any party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. 4.10 This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 4.11 This Agreement shall be construed in accordance with the laws of the State of Minnesota. 4.12 BTA has had the opportunity to be represented by legal counsel in the negotiation of this Agreement and fully understands EDA's obligation to provide relocation assistance. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. EAGAN ECONOMIC DEVELOPME T AUTHORITY, a Minnesota munic' al corporation By: Pat Geagan Its: Pres* ent By: omas L. Hedges Its: Executive Director STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instru nt was acknowledged before me this day of 2004, by at Geagan and Thomas L. He es, respectively the President and Executive Director of E AN ECONOMIC DEVELOPME AUTHORITY, a Minnesota municipal corporation, behalf of the municipal corporation. Notary Public BTA INVESTMENT COMPANY, a Minnesota partnership By: James Cooper Its: Partner STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument as acknowledged bef me this day of , 2004 by James ooper, the Partner of BTA STMENT COMPANY, a Minnesota partnership, on beh of the partnership. Notary Public ~l Agenda Memo Eagan Economic Development Authority Meeting April 7, 2004 V. NEW BUSINESS B. APPROVAL OF REQUEST FOR PROPOSALS FOR CEDAR GROVE REDEVELOPMENT DISTRICT MASTER DEVELOPER AND AUTHORIZATION FOR DISTRIBUTION ACTION TO BE CONSIDERED: 1) To approve the Request for Proposals for the Cedar Grove Redevelopment District Master Developer as presented or modified and authorize the distribution of the RFPs or 2) To provide staff direction for further direction regarding modification of the draft and schedule a special EDA meeting on April 13, 2004 to approve and authorize distribution of the document. FACTS: • As a part of the Cedar Grove Redevelopment District activities, the City Council previously authorized staff to prepare a Request for Proposals (RFP) for a master developer to undertake the remaining development activities in the Redevelopment Area. • The City's redevelopment consultant and staff have completed a draft of the proposed RFP for consideration by the EDA at this time. The RFP calls on interested developers to present information regarding their qualifications and experience in working with host cities to plan and implement similar projects and requires proposers to provide general information regarding the approach and timing of the proposed redevelopment activity. • The RFP does not require developers to prepare detailed designs of specific redevelopment projects at this time. The focus would be on selecting a developer with a proven track record of working closely with cities to reflect the community's vision in a project that can be implemented over a reasonable time frame. • While staff is interested in feedback on the entire document, Council feedback on the expectations of the developer and the sections describing the individual development districts will be especially important. • If the Council is prepared to approve the RFP as presented, it would be in order to do so at this time. If the Council wishes to provide additional direction concerning the RFP prior to approval, such direction can be incorporated into the document and the EDA can schedule a brief executive session as a part of the Council workshop on April 13. In either case, the RFP can be distributed on April 15 as noted in the most recent project schedule. ATTACHMENTS: ~l • Draft Request for Proposals on pages l .3~I ST 13D. I. Introduction Eagan, Minnesota is a vibrant community of about 66,000 people located in the southeastern portion of the Twin Cities Metropolitan area. It is the 8'h largest city in Minnesota and located just 15 minutes from downtown St. Paul, and 25 minutes from downtown Minneapolis. We proudly welcome and encourage you to visit our website at ci.eagan.mn.us. The City of Eagan and, its Economic Development Authority (EDA) have begun the redevelopment of its Cedar Grove area in order to once again make the area a strong, vibrant gateway to the City of Eagan by creating a viable mixed-use area that utilizes its highway visibility and accessibility, while maintaining compatible land use relationships with surrounding areas. This is the goal of The Cedar Grove Redevelopment Area, a project undertaken to reawaken the spirit and vibrance of this area of the community. The vision for The Cedar Grove Redevelopment Area is to be mixed-use, transit-oriented, pedestrian friendly development. The Cedar Grove Redevelopment Area is located east of Highway 77 (Cedar Avenue) and includes property on both the north and south sides of Highway 13. Highway 77 is a principal arterial running from Eagan to Bloomington, Richfield, and Minneapolis. The site is less than four miles from the Mall of America and Interstate 494. Interstate 494 is the major loop serving the entire Twin Cities Metropolitan Area. The strengths of the site include the following: (1) Access to Cedar Avenue and Highway 13; (2) Proximity to the "494 strip;" (3) The adjacent residential base south of the Site; and (4) Improved traffic infrastructure that is nearly completed. While the Cedar Grove Redevelopment Area has its strengths, it also has some challenges. Its primary challenge is the "tired look" of many of the existing properties and the need to reposition investment in the area to take advantage of new market opportunities. There are four general areas that the City and EDA are considering for redevelopment for this RFP: the West District, the Central District, the East District and a portion of the Gateway District. This redevelopment will expand upon some of the viable, existing Cedar Grove core businesses. The Plan for the Cedar Grove Redevelopment Area calls for reoriented, newly designed, and attractive structures, which will maintain an individual identity, and complement the architectural theme. To assist you with this proposal, the EDA has scheduled a Pre-Proposal Conference for: _ at Eagan City Hall 3830 Pilot Knob Road 651-675-5000 Eagan Cedar Grove Redevelopment RFP / Page I The Goals of the redevelopment are to: • Revitalize Cedar Grove Area as a gateway/landmark of the community. • Improve traffic access and circulation to and through the area. • Encourage a mixture of market-supportable land uses compatible with one another and with the surrounding area. • Incorporate new urban development expectations by incorporating a pedestrian focus, transit opportunities, mixed residential and commercial uses, uniform and cohesive design elements, structured parking and public green space. • Protect long-term vitality of residential areas adjacent to commercial areas and consider the needs of existing businesses in redevelopment or relocation efforts. The City is seeking a creative, qualified master developer to oversee the development of the targeted area, with a mixture of retail, housing types, and/or restaurant and hospitality uses as identified on the Concept Plan. While the City strongly prefers a master developer for the Cedar Grove Area, it is willing to accept proposals for portions of the area, and it is willing to consider modifications to the boundaries for each subdistrict within the Cedar Grove Area. ❖ The intent of the redevelopment is to increase the intensity of commercial activity in the Cedar Grove Area for use by the general public. Therefore, retail use along Cedar Grove Parkway is required. ❖ The City is open to consideration of proposals that provide a team approach to redevelopment. The master developer will be responsible for focusing on the strategy to implement the Concept Plan, including assembling parcels, identifying the specific types of uses for each area, and phasing in the development for eachw area. ❖ The City is desirous of developing projects of exceptional - aM architectural and urban character. To this end it is hoped that the master developer will package projects in such a way that different architectural treatments may be employed for different aspects of the project allowing the total project to develop the look, feel and texture of a downtown developed over many years of intermittent development. ❖ For businesses that will stay in the Cedar Grove Redevelopment Area, the master developer will be responsible for working with those businesses to integrate them into new buildings or to make improvements and design modifications to their existing buildings that complement the new development. This will include working with the businesses that hope to stay in the area and assessing their willingness, ability and desire to stay in the area and comply with the redevelopment goals. ❖ Replacement of public parking will be key in developing a commercially viable area. The master developer will be asked to follow the Cedar Grove Design Framework as they locate parking for the various elements of the project. Underground and structured parking is to be encouraged where it can provide opportunities for greater development intensity. Eagan Cedar Grove Redevelopment RFP 13[ f Page 2 ❖ While the City and EDA have identified the four areas for redevelopment, the master developer would have the opportunity to propose change to the boundaries of the areas within the Cedar Grove Redevelopment Area. The City expects the master development firm to incorporate and support the principles demonstrated by the Cedar/ 13 Redevelopment Study for the Cedar Grove Redevelopment Area (copy is available from the City). In turn, the City is committed to a public/private partnership and win/win relationship. The City has been planning and preparing for redevelopment for several years. The Eagan EDA has completed the first phase of property acquisition by acquiring 16.77 acres of the acre site. Public improvements totaling an estimated $12 million have been completed in the area. These improvements include the storm sewer, roadwork and streetscape. The AUAR was also completed and approved in October of 2002. II. Description of Sites Location The Cedar Grove Redevelopment Area is located east of Highway 77 (Cedar Avenue) and includes property on both the north and south sides of Highway 13. Highway 77 is a principal arterial running from Eagan to Bloomington, Richfield, and Minneapolis. The site is just over three miles from the Mall of America, the Minneapolis St. Paul International Airport and Interstate 494. Interstate 494 is the major loop serving the entire Twin Cities Metropolitan Area. AREA LOCATION Rj9devei4pmerk,A re 'k,31 I vd}., ~;pb noomi mn C.E-Grove ed-elopment 41, - Area A , P«'~` > > r Eagan I- fires. ",ii nt z- ~t IN, The strengths of the site include the following: (1) Access to Cedar Avenue and Highway 13; (2) Proximity to the "494 strip;" (3) The adjacent residential base south of the Site; and (4) Improved traffic infrastructure that is nearly completed. While the Cedar Grove Redevelopment Area has its strengths, it also has some challenges. Its primary challenge is the "tired look" of many of the existing properties and the need to reposition investment in the area to take advantage of new market opportunities. There are four general areas the City and EDA are considering for redevelopment for this RFP: the West District, the Central District, the East District and a portion of the Gateway District. These four areas Eagan Cedar Grove Redevelopment RFP 435 10' Page 3 constitute the majority of two new neighborhoods for Eagan; the Central Cedar Neighborhood and the Cedar Gateway Neighborhood. Each neighborhood is a mixed-use, walkable district with residential, office and recreational uses. Each neighborhood is able to be traversed, on foot, in ten minutes making them very pedestrian friendly. The creation of these two neighborhoods will expand the viable, existing Cedar Grove core. The Plan for the Cedar Grove Redevelopment Area calls for reoriented, newly designed, and attractive structures, which will maintain an individual identity, yet complement the architectural theme established for the neighborhoods. ~ r.AM~W a,*" "d-wap-t Area f~ {3 ~R vh. 01*Wct Map and fl! gas ~w oon . Concept Plait Legend CO MddOlMOP-M Nei ft°~' } D oC Mo}ret Arta 4 ytrlct /r PWNO TM-WFl. ~ s ' - ~ 'artwrsv Oisuict. O'hca Hemr . M!•tvyJ Olhce Otwiu ~'j p `ti, ~ . r %6 fly, ~ fi~ ` FJ nI P:V1y `i j;>:. . i fi~~C'9e1%1(IBAl; E31~%f87IRIBlW •A , ~MUhFlemily`iiw'~' M1flzu7Uw ~ ~ V~~ ' !w 1Gnt~i l,rban Gr►r*nrY ~r~<.5 West . a E4 r'~ DNi4i~ , x~ ,4, ioUth " HanuOmcd b4it~lyl!ts 7ren~t Feartie AwMi-em ~'Jio el wlok rH- 1 a~WMM .r n.r,r... MwrAr♦cwFw uww~.~r'a fep West District The West District redevelopment area consists of an area that is oriented to Nicols Road, Cedar Grove Parkway and Cedarvale Boulevard. This redevelopment area contains roughly 18.5 acres of potentially developable land. The Plan for the Cedar Grove Redevelopment Area suggest that this is the best location for a hotel and office complex. The City would be open to consideration of multi-story structures that provide enhanced visibility for the project itself and the redevelopment area. Redevelopment Plans anticipate the removal of all, if not most, of the existing buildings in the District. Eagan Cedar Grove Redevelopment RFP l Page 4 The hospitality market in the City continues to grow. There are active and growing demands for lodging accommodations and for food and beverage services, not only from visitors but also from residents who choose to stay in the City. For 2003, the City was one of only two Convention and Visitor's Bureaus in the metropolitan area to show growth in visitors. The Minnesota Valley Transit Authority (MVTA), in conjunction with the City of Eagan and Dakota County, is committed to providing enhanced transit opportunities in the Highway 77 Corridor. MVTA has worked closely with the County to locate a Passenger Station and a Car Park and Ride facility at the southeast quadrant of Highway 77 and Highway 13. MVTA will approach this project in a three-phase effort. Phase I will include the installation of a surface parking lot and enhanced bus service to the Mall of America Transit Hub and other destinations. Phase 11 will include a parking structure and an integrated passenger waiting station, and associated service facilities. The facility will meet the stated goals of Dakota County to facilitate a Bus Rapid Transit System in the Cedar Avenue Corridor. Phase III will include access improvements and a proposal to change the current highway access and configuration of Highway 13 and Highway 77 interchange. The proposed modifications include both automobile and transit vehicle access directly off of northbound Highway 77 into the station as well as direct egress from the station back onto northbound Highway 77 for transit vehicles. MVTA is working to secure funding for all three phases and is working with MnDOT and Dakota County to finalize the plans for configuration of the Highway 77 and Highway 13 interchange. The transit station provides an important urban anchor at the edge of the Central Cedar Neighborhood. Residents are within a five-minute walk of transit options connecting to all parts of the Twin Cities. C ntral District The Central District consists of roughly 39.2 acres. The area is divided by Cedarvale Boulevard and is bordered by Highway 13 and Cedar Grove Parkway. The Central District is expected to act as the pedestrian-oriented link between all of the districts. The Plan for the Cedar Grove Redevelopment Area suggests that this is the best location for a mixed-use development. The Plan proposes development consisting of office, food and beverage, service, and retail with multi-family housing and a central urban greenway as the center of the Central Cedar Neighborhood. The plan envisions people walking on tree-lined streets with shopping at the street, offices above and their homes above the offices. Parking is hidden behind or under the buildings. The streets are vibrant and safe 24 hours a day because people are always there. It is easy to live here, work here and get to anyplace else in the Twin Cities. The center of the neighborhood is an active intersection of restaurants, shops, and public spaces where residents and visitors can enjoy their free time. Redevelopment Plans anticipate the removal of the Cedarvale Mall and all, if not most of the existing buildings in the District. Eagan Cedar Grove Redevelopment RFP 13~ Page 5 The architecture of the Central District reminds us of old mainstreets but firmly set in the early 21St Century. Directly south of the Central District, U.S. Homes is constructing a 230-unit owner-occupied townhome complex. Construction should begin in 2004 and completed late in 2006 East District The East District is 12.3 acres between Cedarvale Boulevard and Cedar Grove Parkway. There are two businesses, Jensen's Supper Club and the Cedarvale Bowling Center, that have expressed an interest in staying in the area and working with a developer to comply with the redevelopment goals. Jensen's Supper Club is a new restaurant that strongly reflects the supper clubs of an earlier time. Jensen's offers fine American dining in an up-scale but relaxed environment. The Cedarvale Bowling Center draws more bowlers than any other in the 5-state Midwest area. The Center contains 32 lanes, and a total of 653,000 games were bowled in 2003. The Plan for the Cedar Grove Redevelopment Area suggests that this is the best location for a recreational and entertainment district and multi-family housing. The East District sits in the boundary between the Central Cedar Neighborhood and the Cedar Gateway Neighborhood. This is a perfect place to build on the existing entertainment uses to create a recreation and entertainment center within a ten minute walk of any resident or worker in the two new neighborhoods. The entertainment center is easily reached from Cedar Grove Parkway or the new transit center. Other than the businesses noted above, the Redevelopment Plan anticipates the removal of all, if not most of the existing buildings. Gateway District The Gateway District is 15.1 acres along Highway 13. A portion of this area is being developed by Keystone for a 129-unit senior housing complex. It is anticipated that construction will be completed late in 2004. The Redevelopment Plan anticipates the removal of the properties on the north side. The Plan for the Cedar Grove Redevelopment Area suggests that the balance of this area be developed with a combination of additional senior housing and office and retail space. This area is envisioned as the center of the Cedar Gateway Neighborhood; the entry to the Cedar Grove downtown. A development of buildings tight to the street with retail of the ground floor, offices and additional senior housing surround the Gateway structure heralding the entry into the neighborhood. To date the City has not actively pursued major redevelopment of the portion of the Gateway District north of Silver Bell Road. However, it is very important to the City that the area north of Silver Bell Road complement the overall redevelopment of the Cedar Grove District. Therefore, the City would be interested in proposer perspectives to the best ways to accomplish the overall redevelopment ❖ Zoning All four of the sites are currently zoned CGD. The zoning supports the community's vision of celebrating the broader neighborhood as a vibrant, walkable town center that contains a mix of uses, attractions and living options. It also incorporated the new urban development expectations of a pedestrian focus, transit Eagan Cedar Grove Redevelopment RFP 13S Page 6 opportunities, uniform and cohesive design elements, structured parking and public green spaces. (ci.eagan.mn.us) Design Considerations Part of the strategy in strengthening the Cedar Grove area is to diversify the reasons people use it. The City is focusing on creating a transit-oriented environment and weaving recreational opportunities and non-vehicle uses into the area by improving pedestrian links. In regard to private development, the City believes that the area's long-term success relies upon creating a mix of uses including retail, destination- oriented commercial, hospitality, and housing. Other elements the City desires include: ❖ Compatible and complementary commercial fronts for retail, office, and services. The master developer will not only need to work with design compatibly issues for new development, but also work with some existing business owners to make design modifications that complement the new construction. ❖ Housing should have sufficient "critical mass," so residents feel like they are part of a neighborhood rather than occupants of separate, isolated developments. ❖ New roadways built to create smaller blocks should interconnect with existing area roadways to create a network of pedestrian, transit and automobile circulation. ❖ Underground parking is required for higher density residential development, structured parking is encouraged to permit higher density combinations of uses, and in all cases, primary parking should be located behind buildings, internal to developments. ❖ Placement of buildings up to public sidewalk to provide a traditional downtown character as opposed to a suburban character. ❖ Storm water management at the source. Space for storm water ponding is limited; therefore developers are encouraged to suggest techniques such as rainwater gardens, rooftop gardens and pervious pavement to manage storm water in small spaces. The City expects the master developer to provide a creative, urban design that encourages and incorporates the use of high quality, durable building materials. Architectural detailing is highly encouraged and landscaping and streetscape design should be used to enhance pedestrian circulation and create a sense of unity and identity. The Cedar Grove Redevelopment Area Design Guidelines are available on the Ehlers website (www.chlers-inc.com/minnesota/projects/minnesota_projects.htm). These guidelines are important in creating the community's design vision. Developers are asked to comply with the specific guidelines so that the proposed development remains consistent with the architectural integrity of Eagan and the stated goals for redevelopment. Eagan Cedar Grove Redevelopment RFP 13~ Page 7 III. Desired Developer Commitments/Contributions ❖ The master developer must focus on a strategy for implementing the Concept Plan for the Cedar Grove Redevelopment Area. The strategy will include incorporating the current developments in the area, acquiring land, and working with the businesses that will remain in the area. ❖ The developer must demonstrate an understanding of new urban development by incorporating a pedestrian focus, transit opportunities, mixed residential and commercial uses, uniform and cohesive design elements, structured parking and public green space. ❖ The developer must demonstrate an understanding and commitment to the City of Eagan's concept for redevelopment. ❖ The developer must demonstrate the experience necessary to organize and deliver a high quality project of the type and scale proposed. ❖ The developer is expected to provide private capital to fund 100% of the fair market value of the project. IV. City of Eagan Commitments ❖ The City may consider requests for gap financing as appropriate to assure the desired level of quality for development. ❖ The City may assist in land assembly if the developer is unable to acquire the properties through direct negotiation. V. Desired Qualifications ❖ Experience in development of mixed use projects including the type of housing, hotel, entertainment and hospitality, retail and/or office redevelopment proposed. ❖ Experience in land assembly in fully developed areas where businesses and residents are currently located. ❖ Proven organizational and project management capabilities. ❖ Demonstrated experience in obtaining debt and equity to finance the proposed type of development. ❖ Experience in public/private development work. ❖ Commitment to collaborate with City staff, EDA, and elected officials. Z Y Page 8 Eagan Cedar Grove Redevelopment RFP (TL/ / ~ VI. Submission Requirements Please submit fifteen (15) copies with the following information: 1. A development strategy including number, type, size, estimated market value, and use for each project component. A sample form is attached and available electronically at www.ehlers-ine.com/minnesota/projects/minnesota_projects.htm. 2. A site plan that indicates how the developer would propose to situate general uses on the site(s). The site plan should be a simple "bubble diagram." This RFP does not anticipate and discourages architectural drawings with elevations specific to the site. However, pictures of similar work done for other communities are welcomed. 3. A general description of the public improvements, which may be required to support the new development. Potential improvements to consider include streetscapes, water and sewer, etc. The City understands that engineering has not been initiated and that a detailed engineering analysis would be undertaken when the project proceeds. However, the City would appreciate preliminary information about the type of improvements proposed. 4. Proposed sale prices/rents of residential units and lease rates for the commercial space. 5. Generalized development proforma, detailing sources and uses of funds (including proposed cost of land). 6. A description of the project team including, but not limited to the lead developer, development planner, architect, engineering consultant, attorney, etc. All principals and partners must be disclosed and pertinent information provided. Any future changes in principal partner(s) will be considered by the City. 7. Summary of related development experience, financing capacity and references from city officials in at least two (2) communities where you have completed similar developments. 8. Description of unique characteristics and design elements that would be incorporated into the project. Pictures of similar projects completed in other Cities may be provided. Please do not submit original drawings specific to the proposed development. 9. Process for acquisition of private property and relocation of existing businesses. 10. Proposed timeline for development. A realistic and feasible timeline will be among the key criteria considered in the selection of a master developer. Eagan Cedar Grove Redevelopment RFP l Page 9 f All RFP packages shall be submitted to the City of Eagan, no later than 4:00 p.m., May 21, 2004. Responses should be addressed to: Eagan Cedar Grove Redevelopment Attention: Jon Hohenstein Community Development Director 3830 Pilot Knob Road Eagan MN 55122-1810 651-675-5000 VII. Selection This information will be reviewed and evaluated by the EDA and City and they will make the selection of developers for final proposals and interviews. In making a selection of a master developer, the City will consider the following items: ❖ Proven qualifications to carry out a project as outlined in this proposal ❖ Demonstrated experience in urban and suburban mixed-use redevelopment ❖ Demonstrated experience in implementing new urban design concepts in redevelopment proj ects ❖ Demonstrated understanding of the City's vision and goals for the area as reflected in the proposed approach to the project ❖ Anticipated public participation costs as compared to development value ❖ Demonstrated ability to work with existing businesses to integrate them into the redeveloped area Thank you again for your interest in developing within our community. We look forward to receiving information regarding your proposal. VIII. Preliminary Project Schedule Issue RFP April 15, 2004 Developer Information Session April 27, 2004 RFP Due May 21, 2004 EDA/City Developer Review June 29, 2004 Approval of Developer August 17, 2004 Development Agreement Approval September 21, 2004 Start of Construction Fall 2004 Eagan Cedar Grove Redevelopment RFP 19d-- Page 10 Please direct questions about the Eagan Cedar Grove Redevelopment and this RFP to: Ehlers & Associates, Inc. 3060 Centre Pointe Drive Roseville, MN 55113-1105 Jim Prosser Sid Inman Rebecca Kurtz 651-697-8503 651-697-8507 651-697-8516 Eagan Cedar Grove Redevelopment RFP l M Page 11 • ite Maps And • Site Features Eagan Cedar Grove Redevelopment RFP l l ' Cdrr brawn Adendnplrlemt Are Qct Map and Concept PIsR ~ V r legend ref CG ftde!ndoPmala uos Mortn i ` OG PW*" ED r . ~tl4 CJMM C4611 t f _ r s t Gateway s ;f . t1l~trbd, Le A ri i Tt.w M F R- (unaA4 A Nortfi I OlrccaR t F, no • ~ _S,h,"t~j Y' I - East ~ D1rtrkt• y ~N, `OU19atbneA' rt~inrrra rl. a ~ ;~11f7 f - i. CYfa~,Re+taal~" #~w 1.1Je-ir,niyHousi a' ar . ~a I #tC 1nhAI U bM Gr>•nwoy y Diswct W r sY r 5011 11 rk~flupm", QII!#tlCk SrBn t Fam-sre f , t t~ r m~iN Eagan Cedar Grove Redevelopment RFP / 5' Site Features The Cedar Grove Redevelopment Area contains approximately 258 acres and is located at the intersection of Cedar Avenue (Highway 77) and Highway 13. The Cedarvale Mall site currently has low visibility from Highway 77. With the redevelopment of the area, the City expects that multi-story structures will increase the visibility of the area from adjacent roadways. Access to the site has been improved by roadway and intersection improvements that have been installed as part of the Redevelopment. The site is adjacent to Cedar Avenue, which is a major north/south arterials that runs from Eagan to Minneapolis, and runs by the Mall of America and the airport. The site has primary access from Highway 13, just east of Cedar Avenue. I The Cedar Grove Redevelopment Area has the potential to once again be a vibrant gateway to the City of Eagan. The revitalization and reinvestment in the area will spur momentum and increase the attractiveness of the site for future residents and businesses. The larger Cedar Grove Redevelopment Area is located east of Cedar Avenue, encompassing property on the north and south sides of Highway 13. The site is located in the far northwest portion of Eagan's city limits, and the site's intersection provides the first exit to Eagan to the southbound motorist on Cedar Avenue. The majority of the redevelopment district is located between Cedarvale Boulevard and Cedar-vale Parkway, which is located south of Highway 13. The Cedar Grove Redevelopment Area south of Highway 13 includes the existing Cedarvale Mall and multiple freestanding retail and general businesses. Many of the buildings are outdated and have been reused since their original construction. Additionally, a number of the buildings are vacant in the area. The site is bordered by multi-family and single-family housing to the south of the area. Construction has been completed on many of the streetscape improvements to Cedarvale Parkway. North of Highway 13, the redevelopment area is bounded by Silver Bell Road and includes mostly industrial properties. The northern portion of the District is not included in this request. In anticipation of the Redevelopment of the area, the City has completed extensive improvements of the roadways, intersections, streetscape, and the storm water management system. West District ❖ Historic road development has resulted in frontage roads and an oversized right-of-way for Cedarvale Boulevard. The City anticipates that development proposals will make more efficient use of property while maintaining adequate right-of-way for the remaining circulation system. ❖ Fourteen (14) properties are under private ownership. ❖ The City has acquired two parcels (100190008008 and on the east side of the area. Eagan Cedar Grove Redevelopment RFP l Y4~ Central District ❖ The City is working with a few businesses that are likely to stay in the area but that will be provided with new locations in the area. ❖ A number of neighborhood and service businesses, such as Cedarvale Barbers, have expressed an interest in being part of the redevelopment plans. Certain destination uses, such as Grand Slam and Balley's Fitness Center, should also be considered in redevelopment planning. ❖ Historic road development has resulted in frontage roads and an oversized right-of-way for Cedarvale Boulevard. The City anticipates that development proposals will make more efficient use of property while maintaining adequate right-of-way for the remaining circulation system. ❖ Twenty-two (22) properties are under private ownership. The largest single property in this District is Cedarvale Mall, currently owned by Schafer Richardson. ❖ The City has acquired one parcel (101370003001) along Highway 13. East District ❖ The City is working with a few businesses, including Jensen's Supper Club and the Cedarvale Bowling Center, which are likely to stay in the area but will have design modifications to complement the new development. These businesses will also need assistance with resolving parking issues. ❖ Nine (9) properties are under private ownership. ❖ The City has acquired one parcel (100190002009) on the south side of the area. Gateway District ❖ The City is working with one national fast food restaurant chain, which is expected to stay in the area. ❖ Nine (9) properties are under private ownership. ❖ The City has acquired two parcels (1016720001001 and 104445006201) on the south side of the area. Regulations ❖ Development of the area will be regulated by the City's Cedar Grove Zoning District and by the Comprehensive Guide's Special Area Plan Number 5. Environmental ❖ The City completed an Alternative Urban Areawide Review, which is dated October, 2002. Eagan Cedar Grove Redevelopment RFP l t/ ~ Market • Infiormation Eagan Cedar Grove Redevelopment RFP / Eel The following presents a general summary of potential development opportunities in the Cedar Grove Redevelopment Area in Eagan. Housing: The Cedar Grove Redevelopment Area offers opportunities for attached housing development. Since the supply of available land is decreasing in the majority of the market area, in-fill redevelopment sites will play a greater role this decade in fulfilling housing demand. In addition, the proportion of demand for multifamily housing versus single-family homes is increasing. These factors present the Cedar Grove Redevelopment Area with an increased opportunity to fulfill housing demand. In general, the most attractive opportunities would target: • Townhomes: Up to 400 townhome units could be developed through 2010. These units can be marketed to younger residents, as well as empty nesters seeking one-level or two-level twnhomes. • Condominiums: Up to 80 condominium units could be developed through 2010. The buildings can either be freestanding or located above commercial or retail space. Due to the higher vacancy rates in the apartment market, some of the demand for apartment units could be substituted by condominium units. Up to 80 additional condominium units could be developed in the redevelopment area, thus a total of up to 160 units could be absorbed through 2010. • Market Rate Rental Apartments: Up to 300 market rate units in multiple buildings could be developed through 2010. A small portion of these units could be located above retail. Due to the soft rental market at this time, a portion of the demand could be substituted for condominium housing (up to 80 units). This general finding draws support from the following: Downtown living alternatives have become increasingly popular. This has been reflected in the recent or ongoing successes of downtown multi-family projects in smaller communities such as Stillwater, Hopkins and Robbinsdale. Notwithstanding these positive indications, downtown residential development will face substantial challenges. To date, among recent developments, only Guardian Angels is located downtown. At the other projects, marketing success has driven in part by affordability issues, with homes selling well below $200,000 in many cases. Downtown land costs, along with ample competition from these ongoing developments, will drive at least some downtown residential developments into the higher-priced niches. Such developments will need to offer high-quality units, building amenities and proximity to recreational and retail amenities. Retail Overview and Business Environment: The current mix in the Cedar Grove Redevelopment Area consists of mostly neighborhood stores that draw the majority of their customers from the immediate area. Nearly 70% of the retail square footage in the area is classified as neighborhood retail. Currently there is no specialty retail located in the area. If existing retail space is removed, it is recommended that it be replaced. Therefore, the amount of space that the Cedar Grove site could support is 70,000 to 78,000 square feet of neighborhood retail by 2008, plus the amount of existing space removed for redevelopment. It is estimated that the site could also capture up to 38,500 square feet of specialty retail space by 2008. It is recommended that 60,000 to 70,000 square feet be developed through 2010. Lease rates for retail will vary considerably by type of use. Current retail rents in Eagan range from $5 to $12 net for older buildings. General smaller in-line retailers are likely to pay between $14 and $18 per square foot net for new space. Eagan Cedar Grove Redevelopment RFP l • Absent rapid residential growth, retailers will seek locations in locations that provide high visibility due to: high visitation levels, local employment concentrations, proximity to anchor destinations, and/or access to major highways. At this time, the Cedar Grove Redevelopment area derives much of its retail sales from neighborhood traffic, and does not offer the auto- or pedestrian traffic sufficient to drive sales volumes that will in turn support higher rent levels. • Where the Eagan market is able to attract new retail development, the Cedar Grove Redevelopment Area will face competition from alternative locations near conventional and large-format retail centers elsewhere in the area. Ongoing development of such retail centers will influence the mix of uses in the downtown area: while many businesses will be able to maintain their customer bases and draw upon visitor spending, others (typically those providing utilitarian goods such as drugs, groceries, hardware, etc.) will face increasingly formidable competition. • Established franchise retailers generally prefer conventional shopping center formats, which offer easily perceived parking, anchor destinations, and uniform store hours. Such tenants, while not necessarily suitable for the Cedar Grove Redevelopment Area, typically pay higher lease rates, offer greater stability, and are more easily contacted by leasing agents. Most developers will seek opportunities to target these tenants rather than unique businesses seeking Main Street retail space. Office Development Prospects: Office development will seek proximity to (1) other office concentrations, which furnish a supply of potential tenants and (2) professional labor. The Cedar Grove Redevelopment Area currently cannot satisfy either criterion. The general surroundings do not contain any large office parks. Of the total office demand in the area, it is estimated that the Cedar Grove Market Area could capture between 100,000 and 150,000 square feet by 2010. There is potential for the Cedar Grove site to attract small professional business users, such as insurance agents, attorneys, architects, graphic designers, real estate agents, accountants, financial planners, banks, dentists, chiropractors and medical officers. The majority of these businesses would - serve the local household and business base and may be incorporated into a mixed-use development, such as located above retail allowing a greater utilization of land. Lease rates for office space will vary considerably by Class of space. Current office rents in and near Eagan range from $8 to $9 net for older buildings. The majority of office users are likely to pay between $12.50 and $14.50 per square foot net for Class A space, whereas Class B office users are likely to pay between $8.50 and $12.50 per square foot net. Net Class A office space will likely command around $15.50 to $16.50 per square foot net. Hospitality: Most sectors of today's hotel market are suffering from low occupancy, due to business travel not yet back to pre-recession levels and the state of the economy. It is expected that the hotel market will eventually rebound, although it could take some time. The hotel market is slowly rebounding and should recover, however it is recommended to hold off development in the short-term. Eagan Cedar Grove Redevelopment RFP s"o • oning Ordinance Eagan Cedar Grove Redevelopment RFP Development Program Worksheet Eagan Cedar Grove Redevelopment RFP / 57w)-, - L ~ c d v o..✓1 z y N V L C~ W a W~ smia ° L = cq 4 L, ~ Q L ~ _ W L Cr a+ I~ ~.r L r. f C G. L ~ U ca r .1 v L U G7 ,:C ✓ W i U U r cC ✓ v s, ❑ R ~y u a, > c o CCU ~ 4-4 C C A _ 9 o v CW) A4 W /S,3 U L G1 C y Z C _ C -ty O V] N W~ ~ M U o M ~H v U O r^ N ;r, i y N L M 4 ~ u v 11 CIO C/] aO CD V) kf) s: a s r, v v r, ~ EA cFi s9 i L o 00 00 ~ o 1 ~ a-' yr on ~ o c c '1% o °o ° o t~ oo kn o N 69 ~y LL O c CIO O OO 000 N f cn y a o o to v o p~ 00 N W O Q U ? 0 u aG' o O O y rn 3 Sao > cu ai a~ 3 w A H o z ° U° H o C ~ ti o I V C ~ RS Rt .ui Q 9. C Agenda Memo Eagan Economic Development Authority Meeting April 7, 2004 V. NEW BUSINESS C. SCHEDULE A PUBLIC HEARING FOR THE CONSIDERATION OF THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT AND TO CONSIDER THE SALE OF PROPERTY FOR THE DEVELOPMENT OF GRAND OAKS V OFFICE PARK ACTION TO BE CONSIDERED: To schedule a Public Hearing for the consideration of the Amended and Restated Development Agreement between the City and Grand Oaks LLC for the redevelopment of property for the Grand Oaks V Office Park and to consider the sale of property to Grand Oaks LLC for that purpose FACTS: • As a part of the Northeast Eagan Redevelopment District (District 2-4) activities, the City Council previously authorized staff to acquire the lmre property at 2805 Dodd Road for future redevelopment. The property has been purchased at this time. • Grand Oaks LLC has expressed interest in acquiring the property to redevelop it as the fifth phase of the Grand Oaks Business Park. The developer has also submitted a proforma outlining a request for tax increment assistance to accomplish the redevelopment at a reasonable rate of return. • The City's redevelopment consultant has completed an analysis of the proforma and has concluded that a need exists for tax increment assistance for the proposed development. The City Attorney and staff have completed negotiations with Grand Oaks LLC on an agreement for the redevelopment of the property. Under statute, the EDA must hold a public hearing to consider the modification of development agreements and the sale of property for development purposes. Staff is proposing that a public hearing be scheduled and noticed for this purpose on May 4, 2004. • The developer has simultaneously submitted a planned development application for the development to be considered for the improvement of the property. The proposal contemplates 140,000 s.f. of office development and 13,000 s.f. of retail and restaurant development on the site. The proposed development would occur in two phases with 40,000 s.£ of office and the retail development occurring first and a 100,000 s.f. office building second. ATTACHMENTS: • Location map on pages /S6 • Proposed site plan on pages /s~ Eagan Boundary Location Map Street Centerllne F-Ilearcel Area Building Footprint L Mendo fiW - ,w. / . ' I a Fr~O ~ w o.......,. is f Subject l Site w +ry b`' • n. 9 d® - - - ~ a cy ro r - 1000 0 1000 2000 Feet Interstate Partners-Gran ak 5 Area Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided by Dakota County Office, of GIS and is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W e city of ecigan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S CommunJey Deedopmaet Deparf-t not responsible for errors or omissions. -d ii3 i 2 ,A h p o r WPM um ~t ON AAVj iJrls S i . 1 ® 3Sl00'&t ~ i i ® 3311-]O - s i ! I ~ ® tL MVO UNIRlE.1 % ~ ~ ~ i I ~ i r °`o 414 lu a 6y 9a ' s nab a p s x ~ I ~ LLLW-fl L g r - ! a- D E a3 a 13 4 i L! s ° • S i e ~ A ■ y.yd Q I Agenda Information Memo Eagan Economic Development Authority Meeting April 7, 2004 VI. OTHER BUSINESS There is no other business to come before the EDA at this time. VII. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting and reconvene the City Council meeting. Agenda Memo Eagan City Council Meeting April 7, 2004 XI. OTHER BUSINESS A. RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT, JIM COOPER GOODYEAR, 3999 CEDARVALE DRIVE, AND RELATED AGREEMENTS. ACTION TO BE CONSIDERED: To adopt a resolution approving the purchase agreement and related agreements for City acquisition of the Jim Cooper Goodyear property at 3999 Cedarvale Drive in the Cedar Grove Redevelopment District for redevelopment purposes. FACTS: • As a part of the Cedar Grove Redevelopment District activities, the EDA and City Council previously authorized staff to pursue the acquisition of the Jim Cooper Goodyear property. • The City Attorney and staff have concluded negotiations with the property owner at this time and are presenting a proposed purchase agreement and occupancy agreement for consideration by the EDA and Council at this time. If approved, the agreement contemplates a closing on the property on the earliest available date. • Under the terms of the purchase agreement, the City will acquire the property at a cost of $520,000. The property will be assembled with other properties in the area and will be resold to the party selected to redevelop the Cedar Grove West District, consistent with the redevelopment plan for the area. • Under the terms of the agreements, the owner's relocation benefits have been addressed as required by law. The property owner previously vacated the property and it is currently not occupied. ATTACHMENTS: • Resolution on page • Other background included in the EDA Packet. 159 CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY ACQUISITION OF PROPERTY FOR REDEVELOPMENT IN THE CEDAR GROVE REDEVELOPMENT DISTRICT FOR JIM COOPER GOODYEAR PROPERTY LOCATED AT 3999 CEDARVALE DRIVE AND RELATED AGREEMENTS BE IT RESOLVED by the Eagan City Council to approve the purchase agreement and related agreements for the Jim Cooper Goodyear property, located at 3999 Cedarvale Drive in the Cedar Grove Redevelopment District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: 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 in a regular meeting thereof assembled this 7th day of April, 2004. Maria Petersen, City Clerk /69