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07/06/2004 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING July 6, 2004 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE H. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS L A. National Night Out IV. CONSENT AGENDA A. APPROVE MINUTES 6 B. PERSONNEL ITEMS C. CHECK REGISTERS 0/80D. APPROVE Amusement Device License Renewal for Theisen Vending Company E. AUTHORIZE City Payment of Storm Sewer Trunk Charges on Acquired Anderson Parcel bF. ACCEPT $7,000 Donation from Eagan Lion's Club P;G. RECEIVE Bids/Award Contract 04-07 (Lexington Ridge Court) PS,H. RECEIVE Petition and Authorize Preparation of Feasibility Report for Project 909 (Taconite Trail, East of Blackhawk Road - Street & Utility Improvements) 42g I. APPROVE Extension for Recording the Final Plat of Manley Plaza - Manley Land Development / J. APPROVE Final Subdivision, Mother Nature Addition, Manley Land Development .33 K. APPROVE Final Subdivision & Final Planned Development - Lexington Ridge - Millerville, Inc. L. APPROVE Final Subdivision, Schwanz Addition - David Schafer M. APPROVE Final Pay Request, Eagan Community Center N. APPROVE Wetland Health Evaluation Program Joint Powers Agreement O. DECLARE firearms in the custody of the Police Department abandoned or unclaimed P r. APPROVE License Agreement to Permit U.S. Homes to Locate a Sales Trailer for the Nicols Ridge Subdivision on V the City Owned Parcel, Formerly Known as the Lachenmayer Property. Q. APPROVE Modifications of Exterior Architectural Details, Keystone Communities Senior Housing P!c ect in the Cedar Grove Redevelopment Area. 40 f(VI R. APPROVE Cost Participation Agreement with Dakota County for Projects 859 & 877 (Lexington Ave-and TH 55/Blue Gentian Intersection) S. APPROVE Application for Exempt Permit for Experimental Aircraft Association 63 T. APPROVE Tobacco License for Oasis Market, 2000 Rahncliff Court V. PUBLIC HEARINGS 6 A. PROJECT 759R, Final Assessment Hearing, Cedar Grove Parkway (Street Improvements) B. PROJECT 905, Long Acres/Lebanon Hills Regional Park (Storm Sewer Improvements) p►g C. RIGHT OF WAY VACATION - Gun Club Road VI. 00 OLD BUSINESS pAA. FINAL SUBDIVISION - LONG ACRES - Manley Land Development B. REZONING, PRELIMINARY SUBDIVISION AND VARIANCES TO SETBACKS, CURB AND GUTTER REQUIREMENTS AND PUBLIC STREET FRONTAGE REQUIREMENTS - EPIC Development, LLC. A Rezoning of approximately 7.7 acres from A, Agriculture to R-1, Single Family Residential and a Preliminary Subdivision (Evergreen Enclave) to create 7 lots, located at 4195 Lexington Way South in the SE '/a of Section 22. 131C. INTERIM ORDINANCE - Interim Ordinance to Establish a Development Moratorium Pertaining to Comprehensive Guide Plan Special Area 41 located between I-494, TH 149, Lone Oak Road and the Inver Grove Heights Boundary to complete studies pertaining to the future development of the area. VII. NEW BUSINESS Ptyv CONDITIONAL USE PERMIT - CEMSTONE PRODUCTS COMPANY - A Conditional Use Permit to allow an above ground 10,000 gallon bulk form release oil tank on Lot 17, Block 4, Eagandale Center Industrial Park, located at 2955 Eagandale Boulevard in the SW '/4 of Section 3. W B. REZONING & PLANNED DEVELOPMENT AMENDMENT - BLUE CROSS BLUE SHIELD - A Rezoning from I-1, Limited Industrial to Planned Development and a Planned Development Amendment to modify the Riverpark Planned Development to include Yankee Place on Lot 1, Block 1, R.L. Johnson 2nd Addition, located at 3400 & 3500 Yankee Drive and 1750 and 1800 Yankee Doodle Road in the NE 1/4 of Section 17. fl PLANNED DEVELOPMENT AMENDMENT - MISSION HILLS DEVELOPMENT - A Planned Development Amendment to modify the front elevations of the office buildings from 100% brick to a brick and siding combination on Lots 1-8, Block 1, Wentworth Park, located on the east side of Slater Road north of Warrick Court in the NW '/4 of Section 31. n f w D. PRELIMINARY SUBDIVISION - Jim Hughes - A Preliminary Subdivision (Kreitz Addition) of approximately I / 1.19 acres to create two single family lots from Lot 13, Block 7, Country Home Heights, located at 2890 Fairlawn Place in the SW '/4 of Section 3. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA X. ECONOMIC DEVELOPMENT AUTHORITY P-03 * The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA 0 e~ C. APPROVE MINUTES l D. OLD BUSINESS E. NEW BUSINESS rd'o? 1. RESOLUTION Approving Amended and Restated Development Agreement between the City and United Properties for the Redevelopment of Property located in the North District of the Cedar Grove Redevelopment Area. 2. RESOLUTION Approving Purchase, Lease Back and Relocation Agreements with Eagan Pet Clinic for the Acquisition of Property for Redevelopment Purposes, Cedar Grove Redevelopment Area. yq F. OTHER BUSINESS G. ADJOURNMENT XI. OTHER BUSINESS 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. ti i L..;-1` MEMO city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 2, 2004 SUBJECT: AGENDA INFORMATION FOR JULY 6, 2004 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 6, 2004 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 6, 2004, Eagan City Council Meeting RECOGNITIONS &PRESENTATIONS A. NATIONAL NIGHT OUT - 2004 ACTION TO BE CONSIDERED: Adopt proclamation recognizing August 3, 2004, as "National Night Out" in the City of Eagan. FACTS: • Tuesday, August 3, 2004, is the 211h annual National Night Out celebration. • The City of Eagan has participated in National Night Out since • Participation has grown every year in Eagan. This year it is anticipated that over 100 neighborhoods will take part. • Eagan residents are being asked to join 32 million of their fellow citizens across the United States in this celebration of Community, Crime Prevention and strong police/community partnerships. • Strong neighborhoods are essential to public safety and homeland security. • From 5 to 9 pm, residents are encouraged to lock their doors, turn on outside lights and spend the evening outside with their neighbors. • Police, Fire and Public Works units will visit neighborhood gatherings which register by July 18th • Registration can be done by mail, fax, or on-line at www.cityofeagan.com. • For questions or more information, please contact the Eagan Police Department Crime Prevention Unit at 651-675-5728. Attachments: National Night Out proclamation on page 3 CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2004 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 3, 2004 called "National Night Out"; and WHEREAS, the "21St Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2004" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "21St Annual National Night Out" on August 3, 2004. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 3, 2004 as "National Night Out" in the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Deputy Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, Mira McGarvey, Deputy Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of July, 2004. Mira McGarvey, Deputy Clerk 2 Agenda Information Memo July 6, 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 June 15, 2004 regular City Council meeting and the June 28, 2004 City Council workshop/retreat as presented or modified. ATTACHMENTS: • Minutes of the June 15, 2004 regular City Council meeting are enclosed on pages through /01 . • Minutes of the June 28, 2004 City Council workshop/retreat are enclosed on pages 13 through ~.s . MINUTES OF A REGULAR MEETING OF THE FT EAGAN CITY COUNCIL Eagan, Minnesota June 15, 2004 A regular meeting of the Eagan City Council was held on Tuesday, June 15, 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, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey. AGENDA City Administrator Hedges noted that a presentation would be made regarding the Chinese delegation and that item B under Old Business would be continued to July 6, 2004. Mayor Geagan noted that a presentation would be made regarding youth access to alcohol and tobacco. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS HISTORY ON DECK - PLAYING CARDS Communications Director Garrison discussed the "History on Deck" playing cards recognizing the sponsors of the program. The City Council was presented with the first five decks of cards at a cost of $5 each. The cards will go on sale to the public Thursday, June 17, 2004. CHINESE GIFT PRESENTATION Ann Carlson, ECVB and LaDonna Boyd of Dakota Electric presented the Council with gifts from Chengde City, China that was presented to the China Delegation during their recent trip. TOBACCO / ALCOHOL COMPLIANCE CHECKS Chief of Police Therkelson discussed recent tobacco and alcohol compliance checks. CONSENT AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the Consent Agenda. Aye:5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the June 1, 2004 regular City Council meeting and the June 1, 2004 Listening Session minutes as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Jennifer Gerde as a part-time seasonal recreation leader. 2. It was recommended to approve the hiring of Michelle Finlon and Kelley Hammond as part-time seasonal recreation assistants. 3. It was recommended to approve the hiring of Judith Forde, Lynda Speikers, Barb Mason, Pamela Clarke-Garcia, Jennifer Kasiewicz and Alison Hunter as part-time seasonal preschool program instructors. 4. It was recommended to approve the hiring of Joan Rodgers and Lisa Sarne as part-time seasonal preschool program instructor's assistants. Eagan City Council Meeting Minutes June 15, 2004 Page 2 j' 5. It was recommended to approve the hiring of Jennifer Kranz as a art-time seasonal preschool instructor's assistant/puppeteer. 6. It was recommended to approve the hiring of Melissa Buntjer as a part-time seasonal recreation assistant puppeteer. 7. It was recommended to approve the hiring of Amber Geske as a part-time seasonal puppet wagon site coordinator. 8. It was recommended to accept the resignation of Kevin Doehling from his position as a Park Maintenance Worker. C. Check Registers. It was recommended to ratify the check registers dated June 3, 2004, and June 10, 2004 as presented. D. Special City Council Meeting_ It was recommended to schedule a special City Council meeting on June 29, 2004. E. Resignation. It was recommended to accept the resignation of economic development commission member Jean Cheskis. F. Resi nags tion. It was recommended to accept the resignation of Airport Relations Commission member Bruno DiNella. G. A1212ointment - EDC. It was recommended to approve the appointment of Economic Development Commission (EDC) alternate member Christopher Nelson to a 10 month voting EDC Term until April 2005. H. Appointment - ARC. It was recommended to approve the appointment of Airport Relations Commission (ARC) alternate member Jason Bonnett to a 10-month voting ARC term until April 2005. 1. Premise Permit. It was recommended to adopt a resolution approving the renewal of a Premise Permit for the Metro Baseball League to conduct a pull-tab operation at Joe Sensers, 3010 Eagandale Place. J. Extension - Massage Therapy Licenses. It was recommended to approve extension for the renewal of Massage Therapists Licenses until July 30, 2004. K. Temporary Malt Liquor License . It was recommended to approve a temporary malt liquor license for the Eagan Lions Club and waive the $25.00 license fee. L. Request for Proposal. It was recommended to approve an advertisement of request for proposal for a beverage contract with the City of Eagan. M. Request for Proposal. It was recommended to approve the advertisement for Request for Proposal for exclusive ceiling drapery services at the Eagan Community Center. N. Request for Proposal. It was recommended to approve the advertisement for request for proposal for exclusive outdoor chair/tent vendor service at the Eagan Community Center. 0. Contract 02-15B. It was recommended to approve Change Order No. 5 to Contract 02-15B (Community Center Site Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. Project 908. It was recommended to authorize the preparation of a feasibility report by the City Engineer for Project 908 (Trunk Water Main Improvements - LeMieux Property, Lakeview Trail to Violet Lane). Q. Amusement Device License Renewals. It was recommended to approve Amusement Device License renewals for Minnesota Robins, Inc., American Coin Merchandising, Inc. and Donald Awe. R. Contract 04-08. It was recommended to receive the bids for Contract 04-08, 2004 City-Wide Sanitary Sewer Lining. S. Traffic Si¢nal Light Replacement. It was recommended to approve payment for replacement of traffic signal lights to Dakota County Transportation Department in the amount of $8,499 as part of the Dakota Electric Association LED traffic signal retrofit rebate program. T. Contract 03-09. It was recommended to approve Change Order #5 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. U. Project 778. It was recommended to approve retaining a firm to perform professional engineering services for the design, bid and construction phases of Project 778 (Trunk Highway 149 Upgrade - Divided 4-Lane Highway) and authorize the Mayor and City Clerk to execute all related contract documents. V. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement on Lot 1, Block 1, Stryker Addition and schedule a public hearing to be held on July 20, 2004. W. Findings of Fact for Denial. It was recommended to adopt Findings of Fact for Denial, Planned Development Amendment - Pellicci, Inc. for 1,000 gallon propane. 16;0 Eagan City Council Meeting Minutes June 15, 2004 4~1 FT Page 3 X. Final Plat. It was recommended to approve the final plat of Minnesota Valley Transit Authority 2nd Addition, Minnesota Valley Transit Authority. Y. Comprehensive Guide Plan. It was recommended to approve the final adoption of the City of Eagan Comprehensive Guide Plan, section 5, Aviation and Airports. Z. Donation. It was recommended to accept a donation of $275 toward the Parks and Recreation Scholarship Fund from Bonestroo, Rosene, Anderlik and Associates. AA. History Card Distribution. It was recommended to approve the distribution plan for the "History on Deck" playing cards. PUBLIC HEARINGS VARIANCE TO THE FRONT YARD SETBACK FOR PRINCIPLE STRUCTURE FOR PROPERTY AT 962 STANWIX ROAD - RAY BRANDT City Administrator Hedges introduced this item regarding a request for a 10 foot variance to the required front yard setback for a new house, located at 962 Stanwix Road. Ray Brandt, applicant, discussed the background of the subject property in regard to the requested variance. Mayor Geagan opened the public hearing. One area resident spoke, questioning the need for the variance. There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a 10 foot Variance to the required front yard setback for a new house, located at 962 Stanwix Road, Lot 2, Block 1, Gardenwood Ponds Sixth Addition, subject to the following conditions. Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The variance applies only to the principle building. OLD BUSINESS CONDITIONAL USE PERMIT TO ALLOW PAYROLL CHECK CASHING - WALMART City Administrator Hedges stated that staff is requesting the item be continued to the August 17, 2004 City Council meeting pending additional information from Wal-Mart and Sam's Club. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Conditional Use Permit to allow payroll check cashing at the check out registers at Wal-mart located at 1360 Town Centre Drive to the August 17, 2004 City Council meeting. Aye: 5 Nay: 0 REZONING, PRELIMINARY SUBDIVISION (EVERGREEN ENCLAVE) EPIC DEVELOPMENT This item was continued to the July 6, 2004 City Council meeting with the adoption of the agenda. 7 Eagan City Council Meeting Minutes June 15, 2004 R Page 4 REZONING - CEDARSTONE DEVELOPMENT Councilmember Tilley stated that she would be abstaining from review and action on this item. City Administrator Hedges provided an overview of this request for a rezoning of five acres from Agriculture to R-2, Residential Double for property located at 1055 Wescott Road which was continued from the June 1, 2004 City Council meeting. He clarified that approval of this item would require a super majority vote. City Planner Ridley gave a staff report. Neil Blanchet, attorney representing the developer, made a presentation regarding the proposed rezoning and the City's Comprehensive Guide Plan for the area. Pat Plautz, Cedarstone Development briefly discussed the proposed project. Cletus Levastay, Masterworks Construction discussed other projects his company has completed. Six residents spoke in opposition to the proposed rezoning and possible twin home development due to traffic, tree loss, density and visibility. Staff explained the calculation process for density and impervious surface coverage. The Council held a discussion and generally agreed with the proposed development, however, they also agreed that a plat should be submitted along with the rezoning request. It was noted that past practice has been not to approve rezonings without a proposed plat. Mr. Blanchet submitted a written extension of the agency action deadline. He stated a proposed plat will be submitted for the September 28, 2004 Advisory Planning Commission. REZONING - ROBERT MCDONALD Councilmember Tilley stated that she would be abstaining from review / action on this item. City Administrator Hedges introduced this item regarding a request for a rezoning of five acres from Agriculture to R-1, Single Family Residential District for property located at 1085 Wescott Road which was continued from the June 1, 2004 City Council meeting. City Planner Ridley gave a staff report. Robert McDonald requested a continuance of this item and submitted a written extension of the agency action deadline until October 19, 2004. REZONING, PRELIMINARY SUBDIVISION & PRELIMINARY PLANNED DEVELOPMENT - METROPOLITAN OFFICE CONDOS LLC. City Administrator Hedges provided an overview of this request for a rezoning of four acres from LB, Limited Business to PD Planned Development, a Preliminary Planned Development to create 22 town offices, common area and one dental office, and a Preliminary Subdivision of 6.9 acres to create 7 lots at property located east of Pilot Knob Road at Marice Drive. This item was continued from the June 1, 2004 City Council meeting. City Planner Ridley gave a staff report, outlining the changes that have been made to the plans. Discussion was held regarding the proposed signage. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Rezoning of four acres from LB, Limited Business to PD Planned Development for property located east of Pilot Knob Road at Marice Drive between Sherman Court and I-35E. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 15, 2004 Page 5 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development to create 22 town offices, common area, and one dental office on property located East of Pilot Knob Road at Marice Drive between Sherman Court and I-35E, 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. This Planned Development is for town offices and a dental building. Residential occupation/uses shall be prohibited. 3. The applicant shall enter into a Final Planned Development Agreement with the City and shall be recorded at Dakota County Recorder's Office. The following exhibits reflecting those reviewed by the City Council on June 15, 2004 are necessary for the agreement: A. Final Site Plan B. Final Building Elevations Plan C. Final Tree Preservation Plan D. Final Landscape Pan E. Final Lighting Plan F. Final Signage Plan 4. All mechanical equipment shall be screened from public rights-of-way and properties with different land use designation. 5. If complaints are registered to City offices about a parking problem within this development the proof of parking shall be implemented and additional landscaping installed where necessary. 6. All trash enclosures shall be constructed with similar materials as the principal building. 7. Prior to final application, the applicant shall provide the City Council with a detailed landscaping and tree preservation plan. 8. No commercial signage shall be allowed on the building. 9. No residential uses shall be allowed within the planned development. 10. No temporary signage will be allowed. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Northwood Office Condos) of 6.9 acres to create 7 lots at property located east of Pilot Knob Road at Marice Drive between Sherman Court and I-35E subject to the following conditions. Aye: 5 Nay: 0 1. The property shall be platted. 2. Maintenance of all retaining walls within the development shall be the responsibility of the development's association. 3. The developer shall construct an outlet structure and pipe system from the wetland in accordance with City engineering standards. 4. The developer shall be responsible for lowering the water main to ensure that there is a 7 %1 feet of ground cover between the final development grades and the top of the existing water main within the site. 5. This development shall dedicate drainage and utility easements over the existing sanitary sewer lines of a width equal to two times their depth, or 40 feet, whichever is less. 6. The developer shall be responsible for the pre-payment of the street assessment for the frontage of the proposed development adjacent to the future construction portion of Sherman Court (approximately 165 feet) 7. If any development construction or grading activity is to occur within 1-35E right-of-way, the developer shall be responsible for obtaining the necessary MN Department of Transportation permits. 8. The developer shall petition, and Council action shall occur, on the vacation of Marice Drive right-of- way within the site prior to final subdivision approval. 9. The development shall satisfy any parks and trails dedications due by a cash dedication. 10. The applicant shall be required to fulfill tree preservation mitigation through the installation of fifty- four (54) Category B trees to be installed on site. 11. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) shall be required to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodland to be preserved. 9 Eagan City Council Meeting Minutes June 15, 2004 Page 6 12. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 13. This development shall meet the City's water quality requirements by creating stormwater treatment capacity through a minimum wet-pond volume of 0.22 acre-feet covering an area of about 0.15 acres. The stormwater treatment pond should be constructed according to NURP standards with a maximum depth of 10 feet, a 10:1 aquatic bench, and an outlet skimmer according to City design standards. 14. To the extent practicable, a 30-foot wide buffer of natural, undisturbed vegetation outside the boundary of the wetland should be maintained before during, and after construction. 15. A property Owner's Association shall be established for the maintenance of common area and provide copies of the organizational documents for review and approval to the City Attorney. 16. Lot 5 shall be incorporated into Lot 1 for common area. RECEIVE LEGAL OPINION AND PROVIDE DIRECTION ON THE LAUKKA-BECK AND LOAN OAK DEVELOPMENT PROPOSALS City Administrator Hedges provided an overview of this item explaining that at the City Council meeting of May 18, 2004, the applicant, Laukka-Beck and Loan Oak Development, withdrew their application for Comprehensive Guide Plan Amendments and requested instead that the City Council consider a Planned Development Concept and a legal opinion by the applicants' attorney suggesting that a Comprehensive Guide Plan Amendment would not be necessary to process their development proposals. The City Council, at the May 18`s meeting, directed the City Attorney to prepare an opinion addressing the issues raised in the applicants' attorney's presentation to help define the Council's prerogatives and the actions that would need to be considered to process the applicant's proposals. City Attorney Dougherty provided a summation of his legal analysis, dated June 10, 2004, regarding the matter. City Councilmembers discussed the original proposed Comprehensive Guide Plan Amendment as well as the possibility of a moratorium for the area to allow time for a complete study of future uses. It was agreed that a Comprehensive Guide Plan Amendment is necessary to consider the proposed developments and that a moratorium on the entire Special Area I would be needed and beneficial to study the factors that will help them decide whether or not to approve such an amendment. A timeframe for the proposed moratorium was also discussed but not decided. Mayor Geagan Moved, Councilmember Fields seconded a motion to direct the City Attorney to prepare an Interim Ordinance to establish a moratorium to be brought back for consideration at the July 6, 2004 City Council meeting. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - DIEDRICH BUILDERS, INC. City Administrator Hedges provided an overview of this item regarding a request for a Planned Development Amendment to increase the berm along Diffley Road by two feet for Eagan Townhomes 3rd Addition and a Planned Development Amendment to increase the porch size for Lots 5, 9, 10 and 17 and to add a two foot cantilever on the units on Lots 5, 8, 9 and 10. This item was continued from the June 1, 2004 City Council meeting to allow the developer time to address screening issues. City Planner Ridley reviewed the proposed landscape changes. A resident of the townhouse complex stated Mr. Diedrich had worked well with the neighbors, they were pleased with the additional screening, and also requested the Council restrict the access to decks on future units. Councilmembers unanimously stated their distaste with restricting deck access. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to increase the berm along Diffley Road by two feet for Eagan Townhomes 3rd Addition, subject to the following condition. Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be executed and recorded. /0 Eagan City Council Meeting Minutes June 15, 2004 Page 7 Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to increase the porch size for Lots 5, 9, 10 and 17 and to add a two foot cantilever on the units on Lots 5, 8, 9 and 10, for townhouses on Lots 5, 8, 9, 10 and 17 Block 2, Eagan Heights 3`d Addition, subject to the following conditions. Aye: 5 Nay: 0 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The changes only apply to Lots 5, 8, 9, 10, and 17, Block 2, Eagan Heights 3`a Addition. 3. The changes are as specified on the submitted Site Plans. 4. An updated landscape plan shall be submitted prior to the release of the Planned Development Agreement for recording. PLANNED DEVELOPMENT AMENDMENT - MSP COMMERCIAL DESIGN OF AN EXISTING MONUMENT SIGN City Administrator Hedges introduced this item regarding a request for a planned development amendment to allow design, size content changes to the existing monument sign on property located at 1185 Town Centre Drive. City Planner Ridley gave a staff report. Bridget Helwig, MSP Commercial, explained the need for the sign modification as providing destination information to visitors without the difficulty of entering the building to verify the location. Councilmembers discussed concerns with losing the name of the building, visibility and the perceived problem of clients finding the site and/or the specific tenant. A representative of St. Paul Radiology, one of the tenants in the building stated they receive complaints from their patients regarding difficulty in locating the correct building. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow design, size content changes to the existing monument sign on property located at 1185 Town Centre Drive, legally described as Lot 1, Block 1, Gatewoods Addition, in the NE '/a of Section 15 subject to the following conditions. Aye: 4 Nay: 1 Maguire opposed. 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. Recording of the Agreement must be completed prior to issuance of a sign permit. 2. A sign permit must be obtained prior to installation of the monument sign. 3. The monument sign location shall not change; the sign shall be set back at least 10 feet from all property lines, and shall not exceed 7 feet in overall height, 4 feet in sign face area height, and 12 feet 6 inches in overall sign width. 4. The seconded monument, proposed to be located at the O'Leary Lane entrance, shall be eliminated from the Planned Development. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING AND PRELIMINARY SUBDIVISION INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment from BP, Business Park, to US, Office Service and the review of a rezoning, preliminary planned development and preliminary subdivision located at the northwest intersection of Highways 55 and 149. City Planner Ridley gave a staff report. Greg Miller, Interstate Partners, was present to answer any questions of the Council. Eagan City Council Meeting Minutes June 15, 2004 Page 8 Councilmember Tilley moved, Councilmember Fields seconded a motion to direct that a Comprehensive Guide Plan Amendment from BP, Business Park to O/S be submitted to the Metropolitan Council for review and approval. Aye: 5 Nay:0 Councilmember Tilley moved, Councilmember Fields seconded a motion to review a Rezoning/Preliminary Planned Development and Preliminary Subdivision (Grand Oak Five). Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN City Administrator Hedges introduced this item regarding an Ordinance Amendment to modify Chapter 11, Section 11.60 regarding accessory buildings in the Public Facility Zoning District. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Ordinance Amendment and direct publication of same to modify Chapter 11, Section 11.60 regarding accessory buildings in the Public Facility Zoning District. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember moved, Councilmember seconded a motion to adjourn the regular City Council meeting at 11:05 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 MONDAY JUNE 28, 2004 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff members present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Administrative Secretary/Deputy Clerk McGarvey, Community Development Director Hohenstein, and Communications Director Garrison. 1. ROLL CALL & AGENDA ADOPTION The Mayor called the meeting to order. City Administrator Hedges noted no changes to the agenda; however, did note that at 7:00 p.m. the City Council would adjourn the workshop and convene for a City Council retreat in order to receive an update on the City's goals. It was noted that no official action would be taken at the retreat. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. MASSAGE THERAPIST LICENSING City Administrator Hedges introduced the item noting that at the February 17, 2004 City Council Listening Session, after an appearance by Dave and Margie Ragsdale, owners of Keep in Touch of Eagan, staff was directed to survey other cities and coordinate information regarding the licensing of massage therapists and massage therapy establishments. The City Council discussed the research that was presented, which included current fees in surrounding metro communities. David Ragsdale, co-owner of Keep of Touch of Eagan, addressed the Council noting that the issue is not the licensing of the establishments, rather the issue is the licensing of individual therapists, as they are loosing business because of the therapist license fees. The City Council discussed Mr. Ragsdale's concerns. There was City Council consensus that the fees are appropriate as currently set forth in the City Code. 13 Special City Council Minutes June 28, 2004 Page 2 of 3 IV. SHORT TERM RENTAL PROPERTY IN RESIDENTIAL NEIGHBORHOODS City Administrator Hedges introduce the item noting that on March 24, 2004 the City received a letter from a resident of Widgeon Way South, outlining a series of concerns regarding certain single family homes in his neighborhood being occupied by persons other than their owners. Concerns noted included traffic, speeding, late night activity, on-street parking, frequent turnover of residents of one or more properties, more than five unrelated people sharing a home, and property maintenance issues. City Administrator Hedges also noted that the three primary issues to be discussed by the Council in regards to the resident's concerns include: 1.) definition of a family; 2.) regulation of short term rental properties; and 3.) on-street parking regulations. Community Development Director Hohenstein further summarized the concerns brought forth by the resident, as well as the findings of the City Attorney. The City Council discussed the issues including the definition of family and the use of the property by persons unrelated to the owner. The City Council noted that the term "family" is very difficult to define. There was City Council consensus not to modify the City Code in regards to short term rental facilities, definition of family, or on-street parking. The Council did note that property owners should continue to contact the City if they witness City Code violations. V. 2005 BUDGET / STATUS UPDATE The City Administrator introduced the item noting that the budget update was strictly an informative/discussion item and required no specific action. City Administrator Hedges informed the Council that in early May staff began the 2005 budget process. Hedges added that it was communicated to Department Directors that as a starting point and in efforts to be consistent with past practice, budget instructions included a target inflationary three percent increase or less in each department. The City Council discussed the restoration of the homestead market value credit (HMVC). There was City Council consensus that while the HMVC is planned to be restored in 2005, due to the state's looming budget problems for its 2006-2007 fiscal years, the City should not count on receiving the 2005 HMVC payment. The City Council discussed the 2005 budget and requested that when staff presents the budget that any significant increases or new programs be highlighted for the City Council's information. The Council noted the ever present challenge of increasing health insurance, and the subsequent result of labor costs for the City. The City Council asked that the budget be presented in the same format as it was in 2004. VI. OTHER BUSINESS City Administrator Hedges noted that on July 13, a celebration will be held at the Anderson parcel prior to the City Council workshop to celebrate the acquisition of the Anderson parcel. Special City Council Minutes June 28, 2004 Page 3 of 3 The City Council completed the workshop portion of their meeting and proceeded into a City Council retreat at 7:00 p.m. VII. 2003 - 2004 CITY GOALS DISCUSSION The City Council reviewed and discussed their 2003-2004 City goals as well as the progress being made on each of them. VIII. ADJOURNMENT The City Council adjourned their City Council retreat at 9:00 p.m. Agenda Information Memo July 6, 2004 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Part-time Custodian/Maintenance Worker/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Keith Daley as a part-time custodian/maintenance worker at the Community Center. Item 2. Part-time Fitness Attendants/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Kimberly Grimm and Karla Hoehne-Sohre as part-time fitness attendants at the Community Center. Item 3. Parks & Recreation Consultant— ACTION TO BE CONSIDERED: To approve contracting with the Ken Vraa Consulting firm for Parks & Recreation projects. Agenda Information Memo July 6, 2004 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 17, 2004, June 24, 2004 and July 1, 2004 as presented. ATTACHMENTS: • Check registers dated June 17, 2004, June 24, 2004 and July 1, 2004 are enclosed without page number. AGENDA MEMO JULY 6, 2004 CONSENT AGENDA D. AMUSEMENT DEVICE LICENSE RENEWAL ACTION TO BE CONSIDERED: Approve Amusement Device License for Theisen Vending Company FACTS: • The applicant has submitted the appropriate application forms and paid the fees for an amusement device license • Staff deems the application in order for approval ATTACHMENTS: None I~ Agenda Information Memo July 6, 2004, Eagan City Council Meeting E. AUTHORIZE CITY PAYMENT OF STORM SEWER TRUNK CHARGES ON ACQUIRED ANDERSON PARCEL ACTION TO BE CONSIDERED: To authorize City payment from the Park Site Acquisition & Development Fund (PSA&D) of Storm Sewer Trunk charges on the acquired Anderson parcel (Outlot A Patrick Eagan Park Addition). FACTS: • At the time of processing the subdivision application of the 11-acre Anderson parcel into the 2-acres that the Andersons retained and the 9-acres that the City acquired, financial obligations were identified in a manner consistent with all development applications. The residual parcel (Anderson ownership) was charged $1,000 for a 1-lot Sanitary Sewer Trunk obligation and $3,482 for Storm Sewer Trunk charges. That total of $4,482 was the obligation of the Andersons/TPL and collected at the closing and remitted to the City. • As Park property the acquired parcel (Outlot A Patrick Eagan Park Addition) has a Strom Sewer Trunk obligation of $6,092, and in general discussions the City Council agreed that the City would pay that amount from the PSA&D fund. • This action will formally authorize the transfer of funds and payment and provide the appropriate record that the obligation was paid by the City. ATTACHMENTS: None /9 Agenda Information Memo July 6, 2004, Eagan City Council Meeting F. ACCEPT $7,000 DONATION FROM EAGAN LION'S CLUB - FIRE DEPARTMENT-- DEFIBRILLATORS ACTION TO BE CONSIDERED: To accept a $7,000 donation from the Eagan Lion's Club for the purchase of defibrillators by the Eagan Fire Department. FACTS: • The Eagan Lion's Club has agreed to donate $7,000 to the City to be used for the purchase of four defibrillators to be placed on fire trucks and in the Fire Chief's vehicle. • The units are also known as "Heart Starts." They are attached to a victim of cardiac arrest, automatically read a person's heart functions and, if necessary, provide an electrical jolt to re-start the heart's rhythm. ATTACHMENTS: • Attached on page is a copy of a resolution accepting the gift. ao EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on July 6, 2004, at 6:30 p.m. The following members were present: Geagan, Maguire, Carlson, Fields and Tilley; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Lion's Club has offered to donate $7,000 for use by the City of Eagan to purchase four defibrillators; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Lion's Club for the gracious and generous donation. ADOPTED this 6th day of July, 2004. Pat Geagan ATTEST: Maria Karels, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. C~l Agenda Memo July 6, 2004 G. CONTRACT 04-07, LEXINGTON RIDGE COURT STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids and award Contract 04-07 (Lexington Ridge Court - Street Improvements), to Veit & Company, Inc., for the base bid in the amount of $105,047 and authorize the Mayor and City Clerk to execute all related documents FACTS: • Contract 04-07 provides for the public street improvements within the Lexington/ Diffley Athletic Facilities to serve the Lexington Ridge development proposal, which has received preliminary City Council approval. • On April 6, 2004, the City Council received a petition for public street improvements from the Lexington Ridge developer, Mr. Ray Miller. The City Council approved preparation of detailed plans and specifications for the project. • On May 18, 2004, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 04-07. • At 11:00 a.m. on June 10, formal bids were received for this project. A copy of the bid summary is enclosed. • The Lexington Ridge development proposal has been submitted for final subdivision approval from the City Council on this same agenda. • Final subdivision approval requires adequate financial securities and development agreements with the Lexington Ridge developer ensuring their financial responsibility for this project. It is anticipated the appropriate securities and agreements will be received prior to the July 6 City Council meeting. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from Veit & Company, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action after receipt of financial securities and agreements from the Lexington Ridge developer. • No easement or right-of-way acquisition is necessary with this project. All work under this improvement will be performed on City property. ATTACHMENTS: • Site Plan, page. • Bid Summary, page. a~ / / / / / 111 r z - - - - - - - - - - - - - F c ~ ~ Q ac Q`a c v ~o~a _ Q CID C9 ~v~Op Q' m~ a° BID SUMMARY Lexington Ridge Court City Project No. 906 City Contract No. 04-07 Bid Date: Thursday, June 10, 2004 Bid Time: 11:00 a.m. Contractors Total Base Bid 1. Veit & Com an Inc. 105 047.40 2. Max Steinin er 116 116.06 3. Bituminous Roadways, Inc $125,000 ' 00 4. McNamara Contracting, Inc 127 672.70 Low Base Bid $105,000 Engineer's Estimate $99,200 Percent Over Estimate 5.9% H:04-02 St. Overlay Bid Recomm. 2-] 7-04 Agenda.doc Agenda Memo July 6, 2004 H. PROJECT 909, TACONITE TRAIL (EAST OF BLACKHAWK ROAD) RECEIVE PETITION, AUTHORIZE FEASIBILITY REPORT ACTION TO BE CONSIDERED: To receive the petition and authorize the preparation of a feasibility report by the City Engineer for Project 909 (Taconite Trail - East of Blackhawk Road - Street & Utility Improvements). FACTS: • One June 16, 2004 City staff received a petition signed by three residents representing two properties along Taconite Trail right-of-way requesting the extension of public utility and street improvements, within the existing Taconite Trail right-of-way, from Blackhawk Road east approximately 1,400 feet. • The Taconite Trail right-of-way was dedicated with adjacent platting of properties to the north, and currently contains only a private road to serve the adjacent properties to the south. There are no public utilities within the right-of-way. • Based on the potential benefit to other adjacent properties along the Taconite Trail right-of-way for the extension of these utility and street improvements, it would be appropriate for the City Council to authorize the preparation of a Feasibility Report to determine the scope, cost, schedule, and method of financing for the construction of these public improvements. ATTACHMENTS: 6 • Location map, pa e • Petition, page +rett'-k SILVER BELL ROAD 0 Q NORTH Y Q 2 E Y Q J m 77 pFFR / TACONITE TRAIL ~OOp i F--) J t Project Area Ro <v m DIFFLEY ROAD w Y ~ Q U Z Z o n~ / II \ Ir .,O ~ G:Feasibility Reports2004\TaconiteTroil Taconite Trail Project 909 - Location Plan x/1/04 City of Eagan RECEIVED FOR CITY USE ONLY 1f Petition No. 90 JUN 16 2004 Date Received 1. - 14 ~ Gs/ EAGAN Presented to Council ENGINEERING DEPARTMEKTITION ~ - DZ D& O - p p l a- 0Zcoc -t,vZ 7S LOCATION/SUBDIVISION I/We, the undersigned, owners of the real property adjacent to -1-1 Con ~ P Tr A ~ (Street) or within Subdivision; hereby petition for: Street Improvements Sanitary Sewer _ ►C e~ Water Supply f Stone Sewer_ Street Lights X c e ty t Other (Explain) S I/We understand that this petition does not in itself request the installation of these improvements but, rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/We understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public hearing, I/We hereby guarantee payment for all costs incurred in the preparation of this feasibility report. Sip-nature of Land Owner Address of Propga c I/We hereby wai e o right, /to th ffublicearing and request that detail plans and specifications be prepared simultaneously and also guarantee their respective costs if the project is not awarded. (Signature) (Signature) 6: Forms&Lists/FeasdevFm.doc - 5/97 Agenda Information Memo July 6, 2004 Eagan City Council Meeting 1. EXTENSION FOR RECORDING FINAL PLAT (MANEY PLAZA), MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: • To approve an extension for the recording of the Final Plat for Manley Plaza to August 7, 2004. FACTS: • At its regular meeting of April 7, 2004, the City Council approved the final plat of Manley Plaza. • The plat is at the County for review. • The applicant is asking for a 60 day extension. ATTACHMENTS: 2 Letter from applicant page Final Plat page 30 ~U MAi KEY Land Development, Inc. 21 13 Cliff Drive Eagan, MN 55122 Phone 651.454.4933 Fax 651.454.9371 www rnanleybrothers.com June 14, 2004 To: Eagan City Council Re: Final Plat - Manley Plaza Manley Land Development is hereby requesting an extension of Final Plat approval for Manley Plaza. The City Council had granted approval on April 7, 2004, but we were unable to record the approved plat within the allotted 60 days. However, it is our intent to fulfill all plat filing requirements as soon as possible. Thanks for your attention to this matter. I can be reached at (651) 209-7745. ;Sincly, Tim Johnson Land Planner a 9 RECEIVED JUN 1 5 2004 NOTE V PRELIMINARY Subject to revision without notice. Cp F M 12. % .1 \ - r 0 a 1'6 ''l1 :fx - 1 ] `IN t t m 9 C, 1II ` V 'IN ~y3 T s i \ D N I~ D I .2 L LAUUW s3'L"PIL3 "31'S]L2.i9E " 1~-~J `i]a GALA,11L CLIFF Pi. "A SOORI'Sa'E 470.90 I ` `THIRD nivMON'• 1 rJ 0 O Ali;a p t~ irk } rf. JR f l s ed ~i d ` # S~ ~ I H ~ d} Agenda Information Memo July 6, 2003, Eagan City Council Meeting J. FINAL SUBDVISION (MOTHER NATURE ADDITION) - MANLEY LAND ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Mother Nature Addition) to create 2 single family lots, for property at 4137 Rahn Road. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: • The City Council approved the Preliminary Subdivision to create two single family lots on December 16, 2003. • A single family home is present on Lot 1. • Staff has received a release from Northern Natural Gas Company for both lots. • 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 page 31 b ~ f s m A$° s _ O v O a ~ ° r- D g W Cbl f al o vl Y ~ S g F D S ~ ~4 _ W o m ai ~ x E= ° a n z `z28 ¢ FF•~71 Irl 0 e ° n .I a z S ' ~ of I f ~a e f Y1~ i g 5i':- am Y s8 - o I9I u ~ ¢ a o °s EiE Q zg f°f w C5° Qw gpP; ° o~ sw 'v ~ ~>'n o ~i fc _ - D b O. 'S i[ s E Z C ° y W Y C° ] 'TU F V F 1- ° E J of r~t~ o° ~m ~6 co u 'o € o E£ o 0 g v =rL c s~ ¢u I u_ o u o3 $ u~ 3 x W 3O .A `ate ,°',b~ m~ o $ Y Y Y I g i `o PSrv mo u F3 3 o a o o o° a W n n of ~ En - RTiBI 3.OO.BO.ODS _ E e iJ 1E DD'SB WOtt E S O r------'I ors i n'e "E A W 81 g / \Ec . _ I w / ml ° L1j / Leg °E~ L i o? , c3 u I wl I / EIS z c ~ I I J O7g / ` I I fn - I I / e \ I / b N \ I I /.8 !I i\ I I / a I S2~ \ of 19. / E of "'1 °'Egi ~ri \ / wJ of LIJ \ I fii mOt I . r6WS m~ f m3fic mYi / C Agenda Information Memo July 6, 2003, Eagan City Council Meeting K FINAL SUBDVISION AND FINAL PLANNED DEVELOPMENT - LEXINGTON RIDGE - (MILLERVILLE INC) ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Lexington Ridge) and Final Planned Development to create 17 lots, and 16 attached townhomes, for property at 4225 Lexington Way South in the NE 1/4 of Section 27. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: • The City Council approved a Preliminary Planned Development and Preliminary Subdivision to create 17 lots and 16 townhome units on March 16, 2004. • The site will take access through Lexington Diffley Athletic Park. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. 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FINAL SUBDVISION (SCHWANZ ADDITION) - WENZEL FINANCIAL ACTIONS TO BE CONSIDERED: To approve a Final Subdivision (Schwarz Addition) to create 8 twinhome lots, for property at 3200 Pilot Knob Road. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: • The City Council approved the Preliminary Subdivision to create 8 twinhome units on April 20, 2004. • The site will take access from Jurdy Road. • Dakota County has reduced the Pilot Knob Right-of-way dedication, which allows the lots to be slightly larger. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1):~^j~ Final Subdivision page 3s U Zm I J_I o z N O O Y= W 00 m LL) h CV R -~---J tm ° 3s`z ? g -T- -i WeG ~ $g mo°~LZ`sd "5` ~°~smi rmi Ilr on -NV-s ovon e°n>t .°m ° ~ z ig 419 i O I x': \ x/: ~ ~ JI - ) L/ I Y I I V 1 V U l.J I ./u6 w A y~/+~ 3xt A 1131 - I m m _ o .GMG a Ki) I mTR 133. w A ]nt 1sv1 su- ~ 3 'C'1 /yam M.LZ.90.00ml IS 09'9LL M'CL.90.00S V9Z£ W `WUC G[" G~OC '.K GL 009r OD_Yr m9~ R4 _ _ ` lSl r------- --1 r=----- - .xc--== r--= _ ~ I m I I I___I ~ I I I I-___ 11 I I I I I I I I I I I I I ~ I I I I I X I I I I I I ^1 I I I - U I I I ~ I ~ I I V I I I I I I I I I I I I c f) I I I I I 1 I I I I ~ W a e ' J I I? I I ~ I F I le I ~ y/ C~ 1 N 1: I r'] 3 I sY I°z I 1f7 Y (D I°z r CO gl , IJ_ W I I 1 p„I 1 I I I 8 1 8 8 1 y 8 1 to I 8 Ig I 8 "1 0; V " V G~ N - 1 - 1- I I- I I- I Xw i ~I L]evN. Q L__ ______J _ r1.1. a N a ll - a x I~ a Y -z 2aa $ lab?, nb N \ Saa ~3e.a - - - - - - - ---u .1x-- m i w - Wl 'ON i'H'd'S•O)I i GVO2J BONA lOlld J a ' I I I I x r I i \ : Imlo .uwnl 1 / _ - lrux 3.LZ•90.00N 09'9LL mroG 3"CL.90.00N LL'9ZC 1x[130 WY}1) ; \ ___2 Y 'LL 'Ox >3 A r/OK w A r/Gw w A 3M i3i YO-/ ./rw w A r/iw. w r/W w A ./u5 A Ixlrlnm L9..4Ig6 w A lln ua ii 11111 ` •nr,i L J.. c (171 9 ON, \'i I 3~ Agenda Memo July 6, 2004 Eagan City Council Meeting Consent Agenda M. APPROVE FINAL PAY REQUEST, EAGAN COMMUNITY CENTER ACTION TO BE CONSIDERED: Approve final payment for contracts completed at the Eagan Community Center. FACTS: • Several contracts have been completed and final payments have been requested. • Detailed information on these contracts will be provided to Council at the Regular City Council meeting. ATTACHMENTS: • None 37 Agenda Information Memo July 6, 2004 Eagan City Council Meeting APPROVE WETLAND HEALTH EVALUATION PROGRAM JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: APPROVE the Joint Powers Agreement with Dakota County to Participate Jointly with Other Cities the Dakota County Wetland Health Evaluation Program through 2008. FACTS: • In 1997, the Cityjoined the MN Pollution Control Agency, MN Audubon Society, the MN Zoo, Dakota County agencies, and the cities of Lakeville and Burnsville to implement the first Wetland Evaluation Project, which was funded by the U.S. Environmental Protection Agency. • In 1998, the Dakota County Environmental Education Program (DCEEP) initiated the Dakota County Wetland Health Evaluation Project (WHEP), which annually expanded and now includes seven other partner cities. • The WHEP is a joint research and educational project. Its goals are to: 1) provide meaningful data on wetland health to local governments; 2) foster public awareness of wetland values and health; and 3) create positive partnerships between citizens and local governments in addressing natural resource issues. • In the eight years of the program, about 500 volunteers have collected biological data at an estimated 100 wetlands in Dakota County. The 30 or so local volunteers make Eagan's WHEP team the largest. • Starting in 2002, after five years of state and federal funding, each city supported its own participation in the WHEP. At its September 3, 2002 meeting, the Eagan City Council approved the 2002 joint powers agreement, which would be annually renewed. • At its June 17, 2003 meeting, the City Council approved the 2003 joint powers agreement. • The 2004 joint powers agreement would terminate December 31, 2008, unless extended by further written agreement of the parties. Funding for the WHEP comes from the Water Resources program, the budget for which is approved annually by the City Council. ATTACHMENTS: 2004 Joint Powers Agreement -p • .3 d r ,3g' JOINT POWERS AGREEMENT BETWEEN THE CITY OF EAGAN AND DAKOTA COUNTY FOR WETLAND HEALTH EVALUATION PROGRAM THE PARTIES TO THIS AGREEMENT are the County of Dakota (the County) and the City of Eagan (the City). This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. § 471.59. NOW THEREFORE, the parties, in joint and mutual exercise of their powers, agree as follows: 1. Purpose. The purpose of this Agreement is to allow the City to fund the Dakota County Wetland Health Evaluation Program (WHEP) in the City, which will be coordinated and managed by the County, thereby providing the County and City data and other information to assist both parties related to on their mutual interest and responsibility for wetlands within the boundaries of their respective jurisdictions under the Minnesota Wetlands Preservation Act. 2. Term. Notwithstanding the date of the signatures of the parties, the term of this Agreement shall commence on January 1, 2004, and shall continue in full force and effect until terminated by the parties pursuant to paragraph 10 of this agreement. 3. Exercise of Powers. The parties to this Agreement agree that the County, through its Physical Development Division, shall administer the funds collected hereunder, and shall pay out these funds for expenses incurred by WHEP. 4. Powers and Duties of the County. 4.1 The County shall administer the WHEP funds on behalf of the City. 4.2 The County shall serve as fiscal agent for the funds collected hereunder. The County shall establish and maintain such funds and accounts as may be required by good accounting practices. 4.3 The County may apply for and accept gifts, grants, or loans and money, other property or assistance from the United States Government, the State of Minnesota, or any person, association, or agency to carry out the WHEP in Dakota County. 4.4 The County may use funds to hire and retain a monitoring coordinator, non-profit agency, personnel consulting firm and such other personnel as may be needed to provide the services contemplated under this Agreement. 5. Funding. The City shall contribute funds under this Agreement for each calendar year in the amount presented and approved during the annual budget process of the Dakota County Board of Commissioners and by City Council resolution for the calendar years through December 31, 2008. Payment of contribution is due and payable by the City upon execution of this Agreement. If no City funds are contributed in any given calendar year, the County will not provide services under the terms of this Agreement to the City during the same calendar year. 6. Books and records. The books and records that are relevant to this Agreement shall be subject to the provisions of Minn. Stat. Ch. 13, the Government Data Practices Act. The County's books, reports, and records concerning this Agreement shall be open to inspection by the parties at all reasonable times. . 7. Disposition of Property and Funds. At such time as this Agreement is terminated, any property interest remaining shall be disposed of and the proceeds of the disposition of the property shall be returned to the parties in proportion to their contribution and in compliance with the terms and conditions of this Agreement. It is understood and agreed, however, that any equipment purchased with funds 1 :4\4~ 39 collected under this Agreement shall remain the property of the County and not subject to the provisions of this paragraph. 8. Indemnification. Each party to this Agreement shall be liable for its own acts and its officers, employees, or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of any other party, its officers, employees or agents. Each party hereby agrees to indemnify, defend and hold harmless any other party, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees that any other party, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this agreement. Nothing herein shall be deemed a waiver of the limitations on liability set forth in Minnesota Statutes, Chapter 466. 9. Withdrawal. Any party may withdraw from this Agreement at any time upon 180 days written notice to the other parties. However no refund to withdrawing parties and no share of disposition of property and funds shall be made, unless and until the Joint Powers Agreement is terminated pursuant to paragraph 10 below. 10. Termination. This Agreement shall terminate December 31, 2008, unless extended by further written agreement of the parties. 11. Amendments. This Agreement may be amended at any time by agreement by the parties, and shall be in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. Appro sd as to COUNTY OF DAKOTA By Kat ryn P Sco ate Gregory J. Konat Physical Development Date of Signature Approved by Dakota County Board Resolution No. 04-221 CITY OF EAGAN BY (please print name/title) Date of Signature K/K04-100 Template / D Agenda Information Memo July 6, 2004, Eagan City Council Meeting D DISPOSAL OF ABANDONED FIREARMS ACTION TO BE CONSIDERED: To declare 23 firearms in the custody of the police department abandoned or unclaimed. FACTS: • The police department has 23 firearms that have been in our possession for over 60 days. The firearms relate to cases dating back as far as 1994. • A notice was sent to each owner indicating that the police department has in its possession a weapon belonging to them. Per City Ordinance 2.70, a 30-day notice is adequate notice when notifying owners of disposal of tangible abandoned or unclaimed property. After 30 days the weapons are to be considered abandoned or unclaimed property. • There are three options for disposal of the unclaimed or abandoned weapons. 1. Ordinance 2.70 allows for departmental use any weapons that are tangible unclaimed or abandoned weapons. 2. They can be given to the Bureau of Criminal Apprehension for its ballistic testing database in lieu of disposal. 3. The weapons can be destroyed. • The case file for each item will be updated to reflect a final disposition. Attachments: Attached on pages T01- through is the list of weapons to be disposed of and copy of amended ordinance. Unclaimed/Abandoned Weapons Weapon Type Case File Number 1. 12 gauge shotgun 94-7057 2. .25 caliber handgun 95-7218 3. .22 caliber handgun 97-2296 4. .38 caliber handgun 97-5155 5. .22 caliber handgun 99-1844 6. .45 caliber handgun 00-706 7. .22 caliber handgun 00-1698 8. 9MM handgun 00-8409 9. handgun parts 01-5258 10. 9MM handgun 01-7628 11. .357 handgun 01-7819 12. .32 caliber handgun 01-9553 13. .45 caliber handgun 01-9680 14. 9MM handgun 02-420 15. .380 rifle 02-6786 16. 9MM handgun 02-7449 17. 12 gauge shotgun 94-4506 9~ 18. 12 gauge shotgun 96-60 19. .357 handgun 96-7082 20. 12 gauge shotgun 97-7801 21. 20 gauge shotgun 98-1498 22. 12 gauge shotgun 02-467 23. (2) shotguns 97-2217 113 ORDINANCE NO. 365 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO, ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.70, SUBD. 2, REGARDING DISPOSAL OF ABANDONED MOTOR VEHICLES, UNCLAIlv1ED PROPERTY AND EXCESS PROPERTY AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER ONE. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by changing Section 2.70, subd. 2 to read as follows: Subd. 2. Disposal of unclaimed/abandoned property. A. Definition. The terms "abandoned tangible property" or "unclaimed tangible property" means tangible property that has lawfully come into the possession of the city in the course of municipal operations, remains unclaimed by the owner, and has been in the possession of the city for at least 60 days and has been declared abandoned or unclaimed property by a resolution of the city council. The term "abandoned intangible property" or "unclaimed intangible property" means intangible property that has remained unclaimed by the owner and has been in the possession of the city for more than three (3) years and has been declared abandoned or unclaimed property by a resolution of the city council. B. Preliminary notice. If the city administrator knows the identity and whereabouts of the owner, he shall serve written notice upon the owner at least 30 days prior to a declaration of abandonment by the council. If the city acquired possession from a prior holder, the identity and whereabouts of whom are known by the city administrator, notice shall also be served upon such prior holder. Such notice shall describe the property and state that unless it is claimed and proof of ownership or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the council after the expiration of 30 days from the date of such notice. C. Notice and disposal of tangible property. Except as provided otherwise for certain other tangible property, upon adoption of a resolution declaring tangible property to be abandoned property, the city administrator shall publish a notice thereof describing the same, together with the names, if known, and addresses, if known, of prior owners and holders thereof and including a brief description of such property. The text of such notice shall also state the time, place and manner of sale of all such property, except cash and negotiables. Such notice shall be published once at least three weeks prior to sale. Sale shall be made to the highest bidder at public auction or sale conducted in the manner directed by the council in its resolution declaring property abandoned and stated in the notice. Notwithstanding the foregoing provisions of the Subparagraph, firearms, narcotics or other drugs, drug paraphernalia, any weapon constituting a dangerous weapon under the City Code, or other contraband that is declared to be unclaimed and abandoned property and continued possession by the City is not necessary for any criminal prosecution proceedings or purposes may be destroyed, or kept by the City for official police use, or given to the Minnesota Bureau of Criminal Apprehension for its ballistic testing database, as determined by City Council, in lieu of disposal by sale as provided herein, provided the city administrator publishes notice thereof as required for the sale of abandoned property as provided herein. D. Fund and claims thereon. All proceeds from such sale shall be paid into the general fund of the city and expenses thereof paid therefrom. The former owner, if he makes claim within eight months from the date of publication of the notice herein provided, and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received therefore, less a pro rata share of the expenses of storage, publication of notice, and sale expenses, but without interest. Such payment shall be also made from the general fund. E. Disposal of intangible property. Any intangible property that is deemed abandoned or unclaimed and held by the city for the owner shall be subject to the reporting to and disposal with the Minnesota Commissioner of Commerce as required by Minn. Stat. Chapter 345. This provision shall apply only to intangible personal property which is held for the owner by the city and not tangible personal property that is merely held by the city in the course of its normal municipal operations. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 2.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By: Pat Geagan Its: City Clerk Its: Mayor Date Ordinance Adopted: September 16, 2003 Date Ordinance Published in the Legal Newspaper: September 25, 2003 S*,0, ORDINANCE NO. 364 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.30 REGARDING CURFEW; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by changing Section 10.30, to read as follows: Subd. 1. Curfew--Minors under the age of 12. It is unlawful for any minor person under the age of 12 years to be upon the streets or in any public place between the hours of 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the day next following and any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the day next following. Subd. 2. Curfew-Minors who are 12 to 14 years of age. It is unlawful for any minor person 12 to 14 years of age to be upon the street or in any public place between the hours of 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 a.m. of the day next following and any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. of the day next following. Subd 3. Curfew--Minors who are 15, 16,_ or 17 years of age. It is unlawful for any minor person 15, 16, or 17 years of age to be upon the streets or in any public place between the hours of 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, and 5:00 a.m. of the day next following and any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. Subd. 4. Curfew--Parents and guardians. It is unlawful for any parent, guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this section unless such minor is accompanied by a person of lawful age having such minor person in charge. Subd. 5. Curfew--Places of amusements, entertainment or refreshment. It is unlawful for any person operating or in charge of any place of amusement, entertainment or refreshment or other place of business to allow or permit any minor person under the age of 18 years to be or loiter in such place in violation of this section unless such minor is accompanied by a person of lawful age having such minor person in charge. This subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where his presence is otherwise prohibited by law. Subd. 6. Exceptions. Such curfew shall not apply to any students under the age of 18 years who are lawfully attending, going to or returning from school, church, or community-sponsored athletic, musical or social activities or events, or employment. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Defmitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Karels By: Pat Geagan , Its: City Clerk Its: Mayor Date Ordinance Adopted: September 16, 2003 Date Ordinance Published in the Legal Newspaper: September 25, 2003 Agenda Information Memo July 6, 2004 Eagan City Council Meeting Consent Agenda P. APPROVE LICENSE AGREEMENT TO PERMIT U.S. HOMES TO LOCATE A SALES TRAILER FOR THE NICOLS RIDGE SUBDIVISION ON THE CITY OWNED PARCEL, FORMERLY KNOWN AS THE LACHENMAYER PROPERTY ACTION TO BE CONSIDERED: To approve a license agreement to permit U.S. Home to locate a sales trailer for the Nicols Ridge Subdivision on the City owned parcel, formerly known as the Lachenmayer Property. FACTS: • The City previously approved the Nicols Ridge Subdivision in the Cedar Grove Redevelopment District for the construction of a 230 unit rowhome and condominium development. Phase I of that project is underway and the developer, US Home has requested permission to place a sales trailer on a parcel of property acquired by the City, known as the Lachenmeyer property, for future redevelopment of Phase H of the project. • In consideration of the constricted area of the developments, the reduced setbacks permitted in the district and the redevelopment focus of the area, the City previously granted a similar license agreement for another property to permit Keystone Communities to locate a marketing trailer on City property adjacent to its development at Silver Bell Road and Cedar Grove Parkway. • Staff and the City Attorney have completed a license agreement that has been executed by the developer. BACKGROUND: • License agreement on pages • Location map on page ,S LICENSE AGREEMENT This License Agreement (hereinafter "Agreement") is made this _ day of , 2004, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City") and U.S. Home Corporation, a Delaware corporation, (hereinafter "U.S. Home"), (collectively referred to as the "Parties"). WHEREAS, the City is the fee owner of certain property located in the City of Eagan, County of Dakota and commonly known as the Lachenmeyer Property and legally described on Exhibit "A" attached hereto and incorporated herein (the "Property"); and WHEREAS, U.S. Home has submitted a development proposal to the City for a townhouse and condominium project known as Nichols Ridge Subdivision; and WHEREAS, U.S. Home has requested that the City grant to it a license for the installation of a temporary marketing facility over and across the Property; and WHEREAS, the City is willing to grant the license to U.S. Home all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. LICENSE TO THE PROPERTY. The City hereby grants a license to U.S. Home for the installation of a temporary marketing facility over and across the Property (hereinafter the "Licensed Property") subject to the terms and conditions contained herein. 2. PAYMENT OF COSTS. U.S. Home shall be responsible for any and all charges associated with the construction of any facility upon the Licensed Property, including but not limited to any building and/or electrical permits, construction costs and any other expenses associated with the facility to be constructed on the Licensed Property. U.S. Home shall further be responsible for any and all maintenance associated with any improvement made upon the Licensed Property and for the prompt removal of the facility and restoration of the Licensed Property, to the condition that existed prior to the grant of this License, upon termination of this Agreement. Such removal and restoration shall be performed to the sole satisfaction of the City, and shall be completed within ten (10) days after the termination of this Agreement. 3. INSURANCE AND INDEMNIFICATION. U.S. Home and its agents shall maintain throughout the term of this Agreement the following minimum insurance requirements with limits of liability not less than the amounts stated below and meeting the requirements set forth herein: a. Comprehensive Liability Insurance. (i) Combined single limit for bodily injury and property damage of $1,000,000 for each occurrence and annual aggregate, such policy to include as additional insured for all activities arising out of the performance; and (ii) coverage for completed operations; liability from sudden accidental discharges, disposal, releases or escapes of contaminants or pollutants; contractual liability explosion hazard and underground property damage hazard; and collapse hazard. in the amount of $1,000,000.00 throughout the term of this Agreement. b. Comprehensive Automobile Liability. Combined single limit for bodily injury, death and property damages of $1,000,000 per occurrence and $1,000,000 in the aggregate. C. Workers' Compensation Insurance and Employer's Liability Insurance. Limits of liability not less than those required by law. U.S. Home shall name the City as an additional insured on each policy and shall provide a copy of said insurance certificate(s) to the City contemporaneously with the execution of this Agreement. U.S. Home shall indemnify and hold the City harmless from any and all claims, costs, expenses, damages and liabilities, including reasonable attorneys fees and court costs arising out of or relating to any breach of this Agreement and/or U.S. Home's use of the Licensed Property. The terms of this Agreement shall survive the termination of this Agreement. 4. TERMINATION. The City may terminate this Agreement at any time by providing U.S. Home with ninety (90) days prior written notice. In the event that U.S. Home has breached any of the terms of this Agreement and has failed to cure such breach within ten (10) days after notice of such breach, the City may immediately terminate this Agreement. 5. COMPLIANCE WITH LAWS. U.S. Home shall be responsible for complying with all federal, state and local laws and ordinances regarding the use of the Licensed Property and the construction of any facility thereon, including but not limited to any building code requirements, sign ordinances and all other City ordinances and state laws. 6. NOTICE. Any notices under this Agreement shall be delivered personally or mailed to the respective parties by registered or certified mail, return receipt requested, at the following respective addresses: If to the City: City of Eagan Attn: Jon Hohenstem, 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, MN 55124 If to U.S. Home: U.S. Home Corporation 935 Wayzata Boulevard Wayzata, Minnesota 55391 Attn: William Pritchard 7. COVENANT. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns and shall run with the land. 8. REMEDIES. In the event that U.S. Home fails to properly restore the Licensed Property at the termination of this Agreement or breaches this Agreement in any other manner, U.S. Home shall be liable to the City for any and all damages, costs and liabilities caused by such breach of this Agreement including but not limited to any and all attorneys fees incurred by the City in enforcing the terms of this Agreement. [The remainder of this page has been intentionally left blank. Signature page to follow.] SY IN WITNESS WHEREOF, the Parties have entered into this License Agreement as of the date first set forth above. CITY OF EAGAN, a Minnesota municipal corporation By: Pat Geagan Its: Mayor By: Maria Petersen Its: Clerk U.S. HOME CORPORATION, a Delaware corporation By: Its: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2004, by Pat Geagan and Maria Petersen, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 2004, by , the of U.S. Home Corporation, a Delaware corporation, on behalf of the corporation. Notary Public sc~' THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (SAL: 206-19341) J~ 'I , , i i t ~N. ~ I I Imo. % it\,- :r~ ,mil 1v l i Proposed ti Trailer Location d" . i i Nicols Ridge-Phase Development Area b t \ r. i ft6 " I V ( Nicols Ridge-Planned i - Development Area Legend Location Map R CGRedevelopmentArea Nicols Ridge Development Area Cedar Grove Redevelopment Area 0 Parcels - Building US Homes/Nicols Ridge Development Location -Road 0 350 700 1,400 (/T+{ Feet Agenda Information Memo July 6, 2004 Eagan City Council Meeting Consent Agenda Q. APPROVE MODIFICATIONS OF EXTERIOR ARCHITECTURAL DETAILS, KEYSTONE COMMUNITIES SENIOR HOUSING PROJECT IN THE CEDAR GROVE REDEVELOPMENT AREA ACTION TO BE CONSIDERED: To approve modifications of exterior architectural details for the Keystone Communities Senior Housing Project in the Cedar Grove Redevelopment Area. FACTS: • As a part of the approval of the Keystone Communities project in Cedar Grove, the building elevations and finish materials were reviewed and approved by the Cedar Grove Redevelopment Design Review Committee and the City Council/EDA. As the project has moved forward, the developer has identified three detail changes that they have proposed. These changes have reasonable bases and do not appear to substantially modify the general appearance of the building. • While the changes appear to be relatively minor, the fact that the building finishes received this higher level of review at initial approval suggests that the Council should take formal action on them. • The changes, are: • Window Trim - The approved elevation shows a trim band of several inches around most of the windows. Since the City required the finish to be stucco instead of siding, the Keystone contractor indicates and the Chief Building Official concurs that the elimination of the trim pieces will reduce the likelihood that moisture could infiltrate behind the stucco and create leaking or mold problems in the future. This concern has also arisen in other projects by the architect and builder and they believe that reducing the risk now is in the interest of the residents of the facility. • Deck Columns - The developer has also determined that the column structures on the decks will present leakage and maintenance issues. The structural design allows for the decks to be cantilevered from the building. • Elimination of Transom Window in Common Area - A number of the windows included a transom feature above the main window that adds architectural interest to the appearance of the building. A mechanical plenum needed to be installed along an outside wall in one location that lowered the soffit in that area and the architect needed remove the transom feature on a row of six windows in the common area. BACKGROUND: • Developer's letter and illustrations enclosed on pages siso~ T U S H I E MONTGOMERY ARCHITECTS June 22, 2004 Mr. Mike Ridley City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Keystone of Eagan Cedar Grove Senior Housing Dear Mike: As you are aware we are in the final stages of construction working towards an occupancy date of fall 2004. We have made some minor changes to the project that are a result of the building process of converting design drawings into construction drawings and are requesting your approval of these changes as follows: 1. The transom windows near the fireplace chimney were eliminated to allow for a mechanical chase that required a soffit above the windows which eliminated the ability to have the transom windows in this location. 2. The deck columns were eliminated at the request of the Owner as a preventative maintenance issue. The decks were redesigned as a partial cantilever with proper flashing and slope to prevent any potential future water damage. 3. The trim around the windows was eliminated at the request/suggestion of Weis Builders, Inc. to prevent any possibility of moisture penetration through the trim. (See attached Weis letter dated December 11, 2003). This trim was a leftover detail that never was changed when the City Council required that we have a stucco exterior instead of siding as we had originally proposed. It was never our intent to have this trim with the stucco application. Mike, we are currently preparing the exterior of the building for the stucco finish and as such are requesting that you review our request as soon as possible. We have attached revised exterior elevations and a colored perspective for your review. If you have any questions please contact our office. Sincerely, TUSH OMERY & ASSOCIATES, INC. ie reside cc: Jon Hohenstein - Director of Community Development Kristi Olson - Keystone Mike Lewis - Keystone Gary Fischer - TMA 7645 Lyndale Avenue South, # 100 S116 Minneapolis , Minnesota 55423 612. 861. 9636 Fax: 612. 861 .9632 WEIS BUILDERS Weis Builders, Inc. 7645 Lyndale Avenue South • Minneapolis, MN 55423.612-243-5000 • Fax: 612-243-5010 December 11, 2003 Building relationships since 1939 Gary Fischer Tushie Montgomery Architects 7645 Lyndale Ave S Minneapolis, MN 55425 Regarding: Keystone of Eagan Eagan, MN Dear Gary, Weis Builders, Inc. has a strong concern regarding the trim design around the windows. We feel the current design should be given close scrutiny for the following reasons: 1. Moisture intrusion is the leading cause of construction defect claims. A large portion of moisture intrusion into a wall assembly enters the structure through the window/window opening assembly. Repeated failure at these locations can lead to serious damage to the structure and poor indoor air quality (mold). 2. It has been our experience that dissimilar materials incorporated into the exterior shell of the building tend to increase the risk of failure. The potential for failure is compounded by placing dissimilar materials at one of the most vulnerable locations of the structure (window openings). 3. Other issues to take into consideration with the current window trim design include, but are not limited to the following: Stucco is a reservoir cladding, it will absorb moisture until it reaches its saturation point. We would like to eliminate opportunities for additional moisture to gain access to this reservoir cladding. The current design will be a critical area for ongoing building maintenance. Lack of maintenance will lead to failure. Exterior sealants are stressed quite heavily in our climate. The window trim will add thousands of lineal feet of sealant. Proper flashing of this area is very difficult to achieve. Building movement or settling could adversely affect the integrity of these added trim pieces. We feel that eliminating the decorative trim around the windows will give the owner a building that will perform better in our climate, last longer, require less maintenance and will lower the risk of mold exposure to its occupants. We propose terminating the stucco at the window frames using proper accessories and flashings. We will allow an adequate space between the stucco accessories and the window frames to allow the exterior sealants to bond properly to both assemblies. S~ Tushie Montgomery Architects December 11, 2003 Page 2 Please do not hesitate to contact me if you have any questions regarding the above-mentioned items of concern. Sincerely, ers, Inc. Patrick Schei Project Manager DO/kmo cc: Randy Ehalt Cal Young File - JA2003 Projec s\031254 Keystone of Eagan - Eagan, bflfConvspDndence\Architect\121103wbidowconomultr.doc S8' ~rNg VJOSaNNNIW 'NF OVE ~ i`a§ s F hN7 1 o 1M7 LLgO g9 1O ,°C ~$o 5 Q I ,zu € s21I,LINnnNioo HNOSS~~x~4' _44 4 t~W 0C4 L F1 -PI "g a r KnK_K, n~r S aEa F r.~t k 0 raI o I I a ~ B B• Ell Z ® W B 1, 1 J a o 6 B~ B, Elm N ( - LL1 e' e' ..l Iv Q (f' i @ Q is, J. ILD B B o B o _ Z B w a~ 3n I B B 3 s a B E 5s~ S- -Ell Elm V K . r - Ell p Bi iB' Z 0 B r. Ell 9 > Z E B Z :li _j 4 w ~ o i - Eli - LW > J I 3n - w w m ,B. B -B I N B_ B N \ B B Fe (yam - o; o - On . L Vi T70 ;:Z :c m B B l dm =.m r I r °m _l z .B .B B B 13 .8 B I E3 ,B III B B ,B ,B ~ mB mB BB BB s B -H- B- B B B B B B B B B all 44~~yy f B B N L. - - - a~ :m B 8 4 F l a~ ~ I m B B' J B D O Z B B i z B e a~~.. it z =p . D F ' 13 Z 111 11 ~ ~ ~ f, fill of w Dm DD$ m:a'a°E" s KEYSTONE COMMUNITIES 3xzy 61.p E A G A N u s ~~~~r~i1 EAGAN, MINNESOTA ~~M Agenda Information Memo July 6, 2004 R. CONTRACT 04-04, LEXINGTON AVENUE, TH 55 TO LONE OAK ROAD CONSTRUCTION AGREEMENT ACTION TO BE CONSIDERED: Approve a Construction Agreement for Contract 04- 04 (Lexington Avenue, Trunk Highway 55 to Lone Oak Road - Street Improvements) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 04-04 provides for the reconfiguration of the TH 55/Lexington Ave/Blue Gentian Road intersection and the rehabilitation of Lexington Avenue to Lone Oak Road. The improvements include full access to TH 55 from Blue Gentian Road, two dedicated left-turn lanes to TH 55 from Lexington Avenue and traffic signal modifications as outlined and discussed in the feasibility report for Project 859. Street resurfacing and off-street bituminous trails are to be provided on Lexington Avenue as indicated in the feasibility report for Project 877. • The Dakota County Transportation Department had scheduled this portion of Lexington Avenue (County State Aid Highway 43) for reconstruction and resurfacing. The improvement has been programmed for 2004 in the 5-Year Capital Improvement Programs (2004 - 2008) for the City of Eagan and Dakota County. • County staff has agreed to combine the reconstruction and resurfacing of Lexington Avenue (Project 877) with the intersection reconfiguration of TH 55/Lexington Ave/Blue Gentian Rd (Project 859) under one contract with the City acting as the lead agency upon the City Council's approval. Dakota County has designed Project 877. • An agreement between the City of Eagan and the Dakota County Transportation Department has been prepared providing for the cost of the construction of the proposed improvements. As set forth in the agreement, the City's financial share of these improvements is 45% of the construction, engineering, and inspection costs, except for the traffic signal, which is 25% (Estimated Total Construction Cost = $1,315,000.00). The City's portion of the Construction Cost is estimated to be $563, 575.00. Nearly all of this expense is eligible for Municipal State Aid reimbursement. • City staff have reviewed this agreement and found it to be similar to other construction agreements and in order for favorable Council action. 61 AGENDA MEMO JULY 6, 2004 CONSENT AGENDA S. APPLICATION FOR EXEMPT PERMIT FOR EXPERIMENTAL AIRCRAFT ASSOCIATION ACTION TO BE CONSIDERED: Approve an application for an Exempt Permit for Experimental Aircraft Association to hold a raffle at the Eagan Community Center on October 10, 2004. FACTS: • The Experimental Aircraft Association has applied with the State of Minnesota for an Exempt Permit to hold a raffle at the Eagan Community Center on October 10, 2004. • The Police Department has conducted a background check and has offered no reason to deny the application • Staff deems the application in order for approval ATTACHMENTS: • A copy of the application is attached without page number 6~ AGENDA MEMO JULY 6, 2004 CONSENT AGENDA T. TOBACCO LICENSE FOR OASIS MARKET ACTION TO BE CONSIDERED: Approve Tobacco License for Oasis Market at 2000 Rahncliff Court FACTS: • The applicant has submitted the appropriate application forms and have paid the $100 fee for a tobacco license • Staff deems the application in order for approval ATTACHMENTS: None 63 Agenda Memo July 6, 2004 PUBLIC HEARINGS A. PROJECT 759R, CEDAR GROVE PARKWAY FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Close the Public hearing and adopt the Final Assessment Roll for Project 759R (Cedar Grove Parkway - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 759R provided for the resurfacing of Cedar Grove Parkway (formerly Beau D'Rue), including the installation of a center median and reconfiguration with one lane of traffic in each direction. The construction of an off-street trail was also included, but only the eastern segment from what was outlined and discussed in the feasibility report. • On May 18, 2004, the final assessment roll was presented to the Council and the Council scheduled a public hearing to be held on June 15 to formally present the final costs to be levied against the benefited properties. • The postal service did not deliver the public hearing notices to the listed address of the legal newspaper so that the notices could be published in accordance with Minnesota Statutes 429. In order to comply with the official notice requirements the hearing date was rescheduled to this meeting by the City Council June 1, 2004. • The final assessments for low and high density residential properties are approximately 7% below, and the final assessments for commercial/ industrial properties are approximately 68% below to 86% above (for various portions of the work under the project) the estimate contained in the feasibility report presented at the public hearing held on December 2, 2002. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. No written objections have been received to date. • An informational meeting was held on April 12 to address all property owners' questions or concerns and provide any additional information of interest. Of the 57 parcels (commercial/ industrial, institutional, high & low-density residential properties) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report summary, pages through EJ FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 759R ASSESSMENT - July 6, 2004 NAME - Cedar Grove Parkway AKA Beau D' Rue Dr IMPROVEMENT- December 11. 2001 Street Reclamation IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk -Unplatted ❑ Trunk-Platted ❑ Lateral- ❑ ❑ Service 4 inch ❑ ❑ Service 8 inch ❑ Lat. Benefit/Trunk WATER STREET ❑ Trunk-Unplatted ❑ Gravel Base Trunk-Platted ❑ Lateral H Reclamation ❑ Service 1 inch Residential 31.13 35.04 /F_F. ❑ Service 6 inch ❑ Lat. Benefit/Trunk Multi. Equiv. Includes Median 63.31 81.83 /F.F. ❑ WAC C/I Equiv. Includes Median 63.31 81.83 /F.F. ❑ Trail/Sidewalk SERVICES STREET LIGHTS ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $429,465 F.R. $472,035 F.R. 01-05 31 15 Year 4.50% $310,283.67 $315,072.13 COMMENTS: 6~ Aftbl'-~ MEMO city of eagan MEMO TO: MAYOR AND CITY COUNCIL FROM: Gerald R. Wobschall DATE: May 10, 2004 SUBJECT: Final Assessment Roll Project No.759R Cedar Grove Parkway aka Beau D' Rue Dr Street Reclamation The City Council, at the conclusion of the public hearing on December 11, 2001, ordered Project 759R. According to the feasibility report, the following improvements were to be constructed and/or assessed. The improvements are: street reclamation, replacement of curb and gutter, sanitary and storm sewer manhole adjustment and replacement, water gate valve repair, installation of center median, bituminous trail and creation of on-street safety lanes. Subsequent to the public hearing it was determined to replace the six inch within Cedar Grove Parkway with an eight inch water main to provide adequate water flows to abutting developments. According to the feasibility study, it was proposed to assess: the median improvement, street reclamation and on-street safety lanes using a linear method of assessment. Construction of the improvements was accomplished under Contract No. 01-05. The assessment hearing is scheduled for July 6, 2004. The following data was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the estimated final amount of $400,494.26 to be paid to the contractor for the construction of the following detailed improvements. Easement costs in the amount of $803.40 and other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $224,058.14 were incurred resulting in a total projected improvement and project cost of $625,355.80. The detail of these other costs is provided on Schedule I. The easement cost is allocated to the street improvement. The other costs are allocated to the improvements constructed in order to determine the cost of each improvement. a EASEMENT CONSTRUCTION AND OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street Reclamation $181,332.34 101,810.89 $283,143.23 $358,500 Median 19,823.00 11,129.82 30,952.82 98,500 Curb Replacement 54,273.30 30,472.29 84,745.59 62,000 Trail 8,424.00 4,729.74 13,153.74 354,500 Water Main Replacement 110,251.14 62,381.61 172,632.75 Sanitary Sewer 8,340.00 4,467.62 12,807.62 13,000 Water Trunk 1,482.26 832.22 2,314.48 Storm Sewer 10,283.40 5,508.68 15,792.08 15,000 Sanitary Sewer Repair 1,477.81 829.73 2,307.54 Storm Sewer Repair 2,858.91 1,605.16 4,464.07 Water Repair 1,948.10 1,093.78 3,041.88 Total $400,494.26 $224,861.54 $625,355.80 $901,500 II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. IMPROVEMENTS 1. Street Reclamation and Expansion Cedar Grove Parkway aka Beau D' Rue Drive was improved with a full depth reclamation improvement from Nicols Road to 550 feet northeast of Rahn Road The improvement also included on-street safety lane markings. The construction cost of the improvements was $181,332.34. Other costs in the amount of $101,810.89 were allocated to the construction costs. This results in an improvement cost of $283,143.23. The feasibility report called for: this improvement to be assessed using a linear method. The assessment rates were computed using the following: a. COMMERCIAL AND INDUSTRIAL PROPERTY The improvement and assessment rates for the commercial and industrial property classification were computed using: TOTAL IMPROVEMENT IMPROVEMENT COST UNITS IMPROVEMENT RATE $283,143.23 4,961 F.F. $57.07/F.F. ASSESSABLE IMPROVEMENT RATE SHARE ASSESSMENT RATE $57.07/F.F. X 100% $57.07/F.F. b. HIGH DENSITY RESIDENTIAL PROPERTY ASSESSMENT RATE The assessment rate for density residential property was computed using: TOTAL IMPROVEMENT IMPROVEMENT COST UNITS IMPROVEMENT RATE $283,143.23 4,961 F.F. $57.07/F.F. ASSESSABLE IMPROVEMENT RATE SHARE ASSESSMENT RATE $57.07/F.F. X 75%. $42.81/F.F. C. LOW-DENSITY RESIDENTIAL PROPERTY The low-density residential property assessment rate was computed using the following: TOTAL IMPROVEMENT IMPROVEMENT COST UNITS IMPROVEMENT RATE $283,143.21 4,961 F.F. $57.07/F.F. ASSESSABLE IMPROVEMENT RATE SHARE ASSESSABLE AMOUNT $57.07/F.F. X 75%. $42.81/F.F. SIZE ASSESSABLE AMOUNT ADJUSTMENT ASSESSMENT RATE $42.81/F.F. 32/44 $31.13/F.F. 2. Median Improvements Cedar Grove Parkway aka Beau D' Rue Drive was improved with median construction from Nicols Road to 550 feet northeast of Rahn Road. The construction cost of the median improvements was $19,823.00. Other costs in the amount of $11,129.82 were allocated to the construction costs. This results in an improvement cost of $30,952.82. The feasibility report called for: this improvement to be assessed to Commercial/Industrial and High Density Residential properties using a linear method. ~4U The assessment rate was computed using the following: TOTAL IMPROVEMENT IMPROVEMENT COST UNITS IMPROVEMENT RATE $30,952.82 4,961 F.F. $6.24/F.F. ASSESSABLE IMPROVEMENT RATE SHARE ASSESSMENT RATE $6.39/F.F. X 100%. $6.24/F.F. SUMMARY OF ASSESSMENT RATES PROPERTY RECLAMATION MEDIAN TOTAL CLASSIFICATION RATE RATE ASSESSMENT RATE Commercial/Industrial $57.07/F.F. $6.24/F.F. $63.31/F.F. High Density Residential 57.07/F.F. 6.24/F.F. 63.31/F.F. Low Density Residential 31.13/F.F. 31.13/F.F. 3. Curb and Gutter Replacement The cost to replace damaged curb and gutter amounted to $54,273.30. Other costs in the amount of $30,472.29 were allocated resulting in a replacement cost of $84,745.59. The replacement of the existing curb and gutter will be financed by the City's Major Street Fund. 4. Trail The City incurred construction costs of $8,424.00 to install the concrete sidewalk along the southerly side of Cedar Grove Parkway. Other costs in the amount of $4,729.74 were allocated resulting in an improvement cost of $13,153.74. The trail improvement is proposed for financing by the City's Major Street Fund. 5. Water Main Replacement The contractor installed 3,961 lineal feet of 8 inch DIP to replace the existing water lateral in Cedar Grove Parkway. The cost for the pipe and appurtenances amounted to $110,251.14. Other costs in the amount of $62,381.61 were allocated resulting in an improvement cost $172,632.75. This improvement is proposed for financing by the Renewal and Replacement in the Utility Enterprise Fund. 6. Sanitary Sewer The contractor installed 2 sanitary sewer manholes on an existing sanitary sewer lateral in Cedar Grove Parkway. The cost for the manholes and appurtenances amounted to $8,340.00. Other costs in the amount of $4,467.62 were allocated resulting in an improvement cost $12,807.62. This improvement is proposed for financing by the Sanitary Sewer Trunk Fund. 7. Water Main The contractor installed 1 each, 8 inch gate valve to separate different pressure zones in the water system. The cost for the gate valve and appurtenances amounted to $1,482.26. Other costs in the amount of $832.22 were allocated resulting in an improvement cost $2,314.48. This improvement is proposed for financing by the Water Trunk Fund. 8. Storm Sewer The contractor installed 86 feet of 15 and 18 inch Class III RCP and appurtenances to provide improved storm water drainage in the area. The cost for the pipe and appurtenances amounted to $10,283.40. Other costs in the amount of $5,508.68 were allocated resulting in an improvement cost $15,792.08. This improvement is proposed for financing by the Storm Sewer Trunk Fund. 9. Utility Repairs Sanitary Sewer The contractor replaced a broken PVC pipe and lowered an existing manhole casting at a cost of $1,477.81. Other costs in the amount of $829.73 resulting in a repair cost of $2,307.54. The sanitary sewer repair is proposed for financing by the Sanitary Sewer Division of the City's Utility Enterprise Fund. Water Repairs The contractor removed a water service, provided a temporary water service installed a new service at a cost of $1,948.10. Other costs in the amount of $1,093.78 were allocated resulting in a repair cost in the amount of $3,041.88. These repairs are proposed for financing by the Water Department of the City's Utility Enterprise Fund. Storm Sewer The contractor replaced a cracked storm sewer pipe, relocated a catch basin and repaired a catch basin at a cost of $2,858-91. Other costs in the amount of $1,605.16 resulting in a repair cost of $4,464.07. The storm sewer repair is proposed for financing by the Storm Sewer Division of the City's Utility Enterprise Fund C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 15 years with interest charged at an annual interest rate of 4.5% on the unpaid balance. 6 ~O III. CITY REVENUES (RESPONSIBILITY) CITY IMPROVEMENT ASSESSMENT REVENUES IMPROVEMENT COST REVENUE (RESPONSIBILITIES) Street Reclamation $283,143.23 $279,330.85 ($3,812.38) Median 30,952.82 30,952.82 0 Curb Replacement 84,745.59 (87,745.59) Trail 13,153.74 (13,153.74) Water Main Replacement 172,632.75 (172,632.75) Sanitary Sewer 12,807.62 (12,807.62) Water 2,314.48 (2,314.48) Storm Sewer 15,792.08 (15,792.08) Sanitary Sewer Repair 2,307.54 (2,307.54) Water Repair 3,041.88 (3,041.88) Storm Sewer repair 4,464.07 (4,464.07) TOTAL $625,355.80 $310,283.67 ($315,072.13) 7/ I The following City Funds will provide noted financing of the City Responsibilities for the Project: FUND AMOUNT Major Street Fund $101,711.71 Sanitary Sewer Trunk 12,807.62 Water Trunk Fund 2,314.48 Storm Sewer Trunk 15,792.08 Sanitary Sewer Utility 2,307.54 Water Utility 3,041.88 Storm Sewer Utility 4,464.07 Water Utility Renewal 172,632.75 TOTAL $315,072.13 Gerald R. Wobschall Reviewed: Reviewed: Public Works Departm t Finance Dep ent Dated: 6 - 1-7- 04- Dated 4' cc: Thomas A. Colbert, Director of Public Works Tom Pepper, Chief Financial Officer Mike Dougherty, City Attorney Sue Sheridan, Accountant I 8 9c;L Nt 0 0 N T N C z O J f, mp oz O ozoor ~ o O 0 0 ~ao~ O 0 . . ~ OO O 06 Or• ~ O Cl) c O O .tea N Q 7 00 \ o Eccco r /O `o~ O (1) G ~ _0 s -N O eQ Q O 0 ~ V O LL O N ♦ N aO cu Q O O > V! O LO ♦ O ~ • O O ♦ O i zi O ♦ (o AA ♦ w O~ ~`~2 O o ~ Q w - o~ W T Ce) J~ / w M M r" tiO O ♦m Z ~ ~ O~ s. ♦ ♦ c 4 O 8~ v W U) 0 (n U) LO Q _ ` Z U V) Li N Combined Assessment Roll SA_NBR 1OP759R Estimated PID ADDITION NAME Reclamation Total Assessment Variance 10-01900-011-07 SECTION 19 $7,027.41 $7,027.41 $8,885.00 $1,857.59 10-01900-011-11 SECTION 19 $27,666.47 $27,666.47 $35,005.00 $7,338.53 10-01900-012-11 SECTION 19 $9,496.50 $9,496.50 $12,010.00 $2,513.50 10-01900-020-09 SECTION 19 $0.00 $0.00 $9,550.00 $9,550.00 10-01900-020-12 SECTION 19 $8,230.30 $8,230.30 $10,385.00 $2,154.70 10-01900-030-12 SECTION 19 $7,597.20 $7,597.20 $9,625.00 $2,027.80 10-01900-041-12 SECTION 19 $9,813.05 $9,813.05 $12,415.00 $2,601.95 10-01900-042-12 SECTION 19 $5,381.35 $5,381.35 $6,795.00 $1,413.65 10-01900-051-06 SECTION 19 $54,509.91 $54,509.91 $68,960.00 $14,450.09 10-01900-060-04 SECTION 19 $633.10 $633.10 $790.00 $156.90 10-01900-071-06 SECTION 19 $2,848.95 $2,848.95 $3,590.00 $741.05 10-01900-072-06 SECTION 19 $2,848.95 $2,848.95 $3,590.00 $741.05 10-01900-073-06 SECTION 19 $2,848.95 $2,848.95 $3,590.00 $741.05 10-01900-074-06 SECTION 19 $2,848.95 $2,848.95 $3,590.00 $741.05 10-01900-080-06 SECTION 19 $9,559.81 $9,559.81 $12,115.00 $2,555.19 10-01900-100-08 SECTION 19 $10,129.60 $10,129.60 $35,180.00 $25,050.40 10-13520-010-00 BEAU D RUE DRIVE PLAT $25,007.45 $25,007.45 $37,250.00 $12,242.55 10-13520-010-01 BEAU D RUE DRIVE PLAT $7,913.75 $7,913.75 $10,005.00 $2,091.25 10-13520-020-01 BEAU D RUE DRIVE PLAT $7,597.20 $7,597.20 $9,605.00 $2,007.80 10-16850-060-01 CEDARVALE OFFICE PARK $3,925.22 $3,925.22 $5,000.00 $1,074.78 10-16850-081-01 CEDARVALE OFFICE PARK $3,671.98 $3,671.98 $4,645.00 $973.02 10-16850-082-01 CEDARVALE OFFICE PARK $1,266.20 $1,266.20 $1,600.00 $333.80 10-16850-090-01 CEDARVALE OFFICE PARK $2,469.09 $2,469.09 $3,120.00 $650.91 10-16850-111-01 CEDARVALE OFFICE PARK $316.55 $316.55 $400.00 $83.45 10-16850-122-01 CEDARVALE OFFICE PARK $3,165.50 $3,165.50 $4,000.00 $834.50 10-16850-123-01 CEDARVALE OFFICE PARK $4,051.84 $4,051.84 $5,125.00 $1,073.16 10-16901-010-01 CEDARVALE 2ND $33,490.99 $33,490.99 $42,380.00 $8,889.01 10-44800-010-01 LEIBEL $3,673.34 $3,673.34 $4,145.00 $471.66 10-72840-011-01 STRYKER ADDITION $16,144.05 $16,144.05 $20,412.50 $4,268.45 Thursday, June 17, 2004 Page 1 of 2 Combined Assessment Roll SA_NBR JOP759R Estimated PID ADDITION NAME Reclamation Total Assessment Variance 10-72840-012-01 STRYKER ADDITION $16,144.05 $16,144.05 $20,412.50 $4,268.45 10-72840-020-01 STRYKER ADDITION $10,952.63 $10,952.63 $13,850.00 $2,897.37 10-84700-010-00 WOODHAVEN $9,053.33 $9,053.33 $11,450.00 $2,396.67 Summary for 'SA_NBR' = 1OP759R (32 detail records) Sum $310,283.67 $310,283.67 $429,475.00 $119,191.33 !,:?NS:dT::2i:.'.-.S~•.£.. r;::_+ii.. +,n. .e.. _Y .^r .i ";T m,.?w. _.C1 ,.,f : .,:,f.}. aW,:, fU. ^4P..._W~wa~:hWa'd..su.3 ".:..va1 Thursday, June 17, 2004 Page 2 of 2 Agenda Information Memo July 6, 2004 B. PROJECT 905, LONG ACRES/LEBANON HILLS REGIONAL PARK STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Project 905 (Long Acres/Lebanon Hills Regional Park - Storm Sewer Improvements) with the following conditions: 1) Include all or a stipulated portion of the Basic Improvements, AND; 2) Include some/all/none of the following Upgraded Improvements; a) Driveway Improvements, AND/OR; b) Holland Lake Overflow under Cliff Road, AND/OR; c) 36" Outlet Pipe from McDonough Lake, AND/OR; d) Marsh Lake Pipe Outlet, AND/OR; e) Connection to Wetland 121, AND; 3) Authorize the preparation of detailed final plans and specifications for a contract that may be let within 2 years after said approval, and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary, OR; 4) Deny Project 905. FACTS: • The City of Eagan's Comprehensive Storm Water Management Plan identifies a concept of providing for the managed conveyance of storm water flows from southeast Eagan into and through, as well as for, the Lebanon Hills Regional Park (LHRP). A portion of this conveyance from the Gun Club Pond (LP-23) under Highway 3 into LHRP's Marsh Lake (LP-24) is programmed in the approved Capital Improvement Plan for 2004. • LHRP consists of approximately 1,400 acres but does not have a managed surface water drainage system in place. Dakota County has been in a process of preparing a comprehensive drainage plan to manage the rate and volume of water that enters and flows through the park. This project compliments and incorporates a portion of those preliminary plans. • On February 10, 2004, at a Council workshop, the City Council directed a proposal to expand the CIP project to a future Council meeting for consideration of authorizing a Feasibility Report. The expansion includes an outlet from Marsh Lake through LHRP to McDonough Lake, continuing to the existing downstream storm sewer system at Holland Lake. • On February 17, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of constructing new storm sewer to provide the managed conveyance of storm water flows from southeast Eagan (Gun Club pond) into and through LHRP by way of Marsh Lake and McDonough Lake to the public system at Pond LP-51 and the Holland Lake lift station. • On April 22, an open house meeting was held to present preliminary concepts to interested stakeholders and to discuss potential concerns before preparing this draft report. Staff documented comments and incorporated them into the feasibility report. • On June 1, the feasibility report for Project 905 was presented to the City Council and a Public Hearing was scheduled for July 6 to formally present and discuss the report with interested parties. • An informational meeting was held on June 24 at 6:30 p.m. in the Council Chambers at City Hall. Of the 174 notices mailed out to interested parties, including representatives of 59 Residential and Park parcels proposed to be assessed, 20 persons representing 14 properties attended the informational meeting. • The feasibility report was also presented to the Dakota County Parks and Physical Development Committees (June 3 & 15 respectively) as part of the County's review process. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. O~6 Agenda Information Memo July 6, 2004 PUBLIC HEARING B. PROD. 905 (cont.) ISSUES: • City staff has communicated extensively with the staffs of Dakota County Parks and the Minnesota Department of Natural Resources. In order to construct the proposed improvements, approval will be needed from both of these agencies. Dakota County Parks will also need to receive approval from the Met Council in order to give their permission to work within Lebanon Hills Regional Park. • Dakota County has expressed strong objections to the amount of their proposed financial participation. Due to legislative limitations on the City's ability to levy special assessments against regional parks without the County or Metropolitan Council's consent, it is recommended that the County's financial contribution should be committed through a written agreement with the City, which has not occurred to date. • Several property owners have expressed concerns and/or objections to the proposed assessments identified within the report. All assessments are proposed based on the City's Special Assessment Policy and will be further addressed with the Final Assessment Public Hearing programmed for 2005 IF the project is approved and constructed. ATTACHMENTS: • Feasibility Report, enclosed without page number. • Informational Neighborhood Meeting Minutes, pages _Athrough 2 • Letter and resolution from County Board, pages W through 13. • Comment letter from DNR, pages M through _&L. • Objections received as of packet preparation, page. MINUTES PROJECT 905 LONG ACRESILEBANON HILLS REGIONAL PARK TRUNK STORM SEWER IMPROVEMENTS JUNE 24,2004,6:30 P.M. COUNCIL CHAMBERS Attendance: Russ Matthys, City Engineer; Rich Brasch and Kevin Kimmes, Bonestroo, Rosene, Anderlik & Associates, Inc.; Rick Walsh, Minnesota DNR; 20 persons representing 14 properties. Welcome and Introduction Russ Matthys welcomed the property representatives and introduced Consultants Brasch and Kimmes. Presentations Rich Brasch presented the existing drainage details. Kevin Kimmes presented the proposed storm sewer improvements. Questions/Comments 1. How are you going to control outlet of Marsh Lake? Build a slight berm - lower Marsh Lake by 2 feet. 2. What about decreased property value due to lowering Marsh Lake? Won't that decrease of my property value be equal to my assessment? (Thompson) 3. Did you consider lowering Gun Club Pond? Yes, but there is not enough benefit, as most of drainage area goes through Marsh Lake. 4. Does lowering of McDonough Lake allow more flood storage? Yes 5. How is water going to get to Lakewood Hills ponds in spring as it always has? Discussed in upgrade improvement. 6. Is there any way to use Wetland 121 in the outflow system? No, due to elevations. Wetland 121 is same elevation as Pond LP-51 at lift station. 7. How much would Marsh Lake bounce in storm event? 3 feet above normal. 8. Has DNR approved proposal? City is working with the DNR. DNR is sharing comments. 9. Is Rosemount contributing to funding? City can try to get Joint Powers Agreement with Rosemount and Apple Valley, but has no way to legally force them to contribute. 10. Why protect Holland Lake over McDonough? I think McDonough is better. 11. Who is impacted if Holland Lake floods? No individuals are impacted. 12. What happens to Thomas Lake in storm with Project 905 proposals? Elevation impact is minimal. Lengthier period of drainage inflow. ~4? 13. Drop Marsh by 2 feet and you'll kill the lake. 14. Need County Citizen Group/Board approval prior to adjusting lake levels in park. 15. Drainage problems due to development, not park. Large snow melt or storm events are problem for the park. 16. How often do 100 year storms happen in 100 years? 1% chance but frequent problems lately. 17. Need to have solution south of Cliff Road. 18. Other cities need to contribute financially. 19. Cliff Road & Lakewood Hills flooded/overtopped in 1967. 20. Why didn't City assess Trunk Storm Sewer to property owners at time of previous improvements? Staff described practice of Trunk Storm Sewer assessments, City policy. - 21. Does new home owner building by self pay trunk rate with building permit fees? Yes, believe so. Staff will verify and get back to resident (965 Cliff Road). 22. Who are the key players in getting these improvements constructed? County, DNR, city 23. Will assessment change if Dakota County does not participate? No. Will development still continue? Yes, likely. With development drainage rate is maintained at pre-development levels. However, drainage outflow will continue for longer period of time. (Long Acres development approval is conditioned upon approval of Project 905) 24. County keeps building on their own site. How do we communicate with County Board? Can we go to Board meeting? Yes 25. What assessments do I have left to pay? I thought I was done. Send residents letter about remaining assessments 26. Can DNR kill this project? New process established for them to approve lake level changes. Overall plan approval could be challenging. DNR needs to issue permit to allow Project 905 construction. C:BM/04/M]SCJMNUTES&HU 905 COUNTY JUN 232004 Office of the June 22, 2004 County Board Dakota County Administration Center 1590 Highway 55 Mayor Pat Geagan Hastings, MN 55033 City of Eagan Municipal Center 651.438.4418 3830 Pilot Knob Road fax 651.438.4405 Eagan, MN 55122 www.co.dakota.mn.us Dear Mayor Geagan: Thank you for having Eagan's City Engineer, Russ Mathys, and consultant, Richard Brasch, present and solicit comments on the draft feasibility report for trunk storm water improvements in the Lebanon Hills Regional Park (LHRP) area at the June 16, 2004 County Physical Development Committee meeting. The intent of this letter is to provide our initial comments prior to Eagan's July 6, 2004 public hearing on this project. Dakota County remains committed to working with the City of Eagan to resolve the historic flooding problem in this area. Although the County Board has not adopted a water management plan for LHRP, the approved master plan for the park includes as a top priority the preparation of an ecologically, based water management plan. The master plan states that the plan will be prepared in concert with adjoining communities. Dakota County has hired Barr Engineering to prepare the water management plan. After an array of public and agency meetings, the County Board reviewed a preliminary concept plan in October 2002. In July 2002, the County received a $500,000 Flood Mitigation Grant from the Minnesota Department of Natural Resources (DNR). Unfortunately, in June 2003, the DNR informed us that state law would need to be changed to allow for the implementation of the plan. Dakota County and the DNR were successful in changing the associated state law during the 2004 legislative session, and it was enacted on May 29, 2004. Although this was a positive outcome, the result is that the plan has been delayed. At our June 16 Committee meeting, City staff spoke to a proposed charge to Dakota County of $1,456,646. We are not clear as to the basis, method, and statutory context for this proposed charge. We also have concerns about the amount of the charge proportionate to the storm water contribution of Dakota County and the storm water contributions from the cities of Apple Valley, Eagan, and Rosemount. to ed m recyded paper g~ wah 30% port-consumer waste. AN EOUAL OPPORILNT' EMPLOYER Page 2 Mayor Geagan 6/22/04 Finally, there is an array of other issues that we would like to discuss with the City, including: - Fiscal consideration for obtaining easements for utilities, maintenance, or ponding in LHRP. - Storm trunk charges for that area of LHRP that is east of County Road (CR) 31, although the project does not include all drainage improvements within this area. - Environmental remediation to maintain fish habitat in McDonough Lake. - Appropriate vegetative restoration of lake shoreline impacted by lowered normal water elevations in McDonough and Marsh Lakes. - Armoring McDonough shoreline to control erosion. - Substantiation for an overflow to Holland Lake. - Removing the Camp Butwin private property from the Dakota County charge calculation. - Evaluation of potential high water back-up from McDonough Lake into Schulze Lake impacting swimming and flooding the access driveway to the visitor center. - Appropriate bioengineering of the degraded channel between Marsh and McDonough Lakes. - Eagan's and Dakota County's responsibilities regarding the construction, management and maintenance of trunk improvements in LHRP. - Improvement and management of storm water conveyed north of CR 32 into the Lakewood Hills neighborhood. - Opportunities for infiltration using Wetland 121 and possibly the ponds north of CR 32. We look forward to working with the City of Eagan to solve the historic flooding problem in LHRP and to be involved in Eagan's public participation process. Respectfully, Nancy h uw ' er, Chair Dakota nt oard of Commissioners cc: Members, Dakota County Board Brandt Richardson, County Administrator Tom Hedges, City Administrator LF/ DAKOTA COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION 10.3 - Authorization To Submit Comments To City Of Eagan Regarding Draft Feasibility Report For Trunk Storm Drainage Improvements In Lebanon Hills Regional Park Watershed Meeting Date: 6/22/04 Fiscal/FTE Impact: Item Type: Consent-Action ❑ None Division: PHYSICAL DEVELOPMENT ❑ Amount included in current budget Department: Parks ❑ Budget amendment requested Contact: Steve Sullivan Telephone: 952-891-7088 ❑ FTE included in current complement Prepared by: Steve Sullivan ❑ New FTE(s) requested-N/A Reviewed by: N/A NIA ® Other PURPOSE/ACTION REQUESTED • Authorize the County Board Chair to submit a letter to the City of Eagan (City) regarding comments on the draft feasibility report for proposed trunk storm drainage improvements in the Lebanon Hills Regional Park (LHRP) watershed (Draft Report). SUMMARY On June 16, 2004, City staff presented and solicited comments from the Physical Development Committee on the Draft Report. The Physical Development Committee directed staff to prepare a letter including those comments expressed at its meeting (See Attachment A: Comment Letter To City of Eagan). Proiect Scope: The City project proposes the construction of trunk storm sewer conveying storm water from Gun Club Lake to Marsh Lake in Lebanon Hills Regional Park via an 18" pipe. Marsh Lake's normal water level will be lowered two feet, providing additional storage, and will be outletted by a natural swale to McDonough Lake in Lebanon Hills Regional Park. McDonough Lake's normal water level will also be lowered two feet and a 30" diameter outlet proposed to convey storm water to Eagan's lift station. The lift station's capacity will be increased and convey storm water through the municipal trunk storm sewer system to the Minnesota River. Proiect Schedule: The Eagan City Council authorized the report on February 17, 2004 and presented preliminary information at a public meeting on April 22, 2004. The draft report was presented to the City Council on June 1, 2004, and a public hearing is scheduled for July 6, 2004. Construction is scheduled in the fall/winter of 2004, with substantial completion by January 31, 2005. Proiect Coordination/Eagan and Dakota County: The County's ongoing water management planning for LHRP and the draft feasibility report reflects a technically consistent design. The County's consultant (Barr Engineering) and staff are currently evaluating the technical aspects of the draft feasibility report. The City has asked Dakota County to either agree or object to trunk storm sewer assessments prior to the Eagan City Council approving plans and specifications at its September 7, 2004 meeting. Staff will return to the County Board at a future meeting for direction regarding (but not limited to) the following predominant issues: • Appropriateness of the assessment (its relevance to Minn. Statute 473.334 related to special assessments on regional parks) and funding source. Staff will be evaluating the equity of the proposed assessment and provide findings at a future PDC meeting. • Refining project scope to protect park natural resources and ensure recreational suitability (e.g., restoration of McDonough/Marsh Lakes shoreline and aeration of McDonough Lake to maintain fish). • Compatibility of the project to the LHRP master plan and the ongoing water management study. • Eagan and Dakota County responsibilities regarding the construction and management of storm sewer improvements on parkland. • The City of Rosemount and Apple Valley's fiscal responsibilities to contribute to the project. EXPLANATION OF FISCAUFTE IMPACT Assessments are proposed to be levied to benefiting properties in accordance with the Eagan Assessment Policy. The City of Eagan proposed a park rate @ $0.0475/sq. ft., which is one-half the agriculture/single family rate. The preliminary assessment for Dakota County is $1,456,646.40 and provides area credit for ponds, eliminates non- tributary areas from the park, and excludes the Visitor Center parcel (which previously paid the trunk storm sewer charge). The approved 2004 Dakota County Improvement Program provides $960,000 from a MDNR Flood Mitigation Grant. 6/30/2004 8:37 AM Pagel c:\documents and settings\tcolbert\iocal settingsVemporary internet fi1es\o1ka\ss6-22.doc Agenda Page No. Supporting Documents: Previous Board Action(s): Attachment A: Comment Letter to City of Eagan - RESOLUTION Authorization to Submit Comments To City Of Eagan Regarding Draft Feasibility Report For Trunk Storm Drainage Improvements In Lebanon Hills Regional Park Watershed WHEREAS, on June 16, 2004, City of Eagan staff presented and solicited comments from the Physical Development Committee on the draft feasibility report for proposed drainage improvements in the Lebanon Hills Regional Park watershed; and WHEREAS, the project scope proposes construction of a trunk storm sewer improvement conveying storm water from Gun Club Lake, across Lebanon Hills Park to a municipal lift station; and WHEREAS, the scope of the draft feasibility report reflects a consistent technical design with the County's preliminary concept plan for water management in Lebanon Hills Regional Park; and WHEREAS, the City of Eagan's schedule for the draft report requires public comments at a public hearing scheduled at the City Council meeting on July 6, 2004; and WHEREAS, Dakota County staff and the Dakota County Physical Development Committee of the Whole have developed initial comments on the draft report for Eagan City Council consideration at its public hearing on July 6, 2004. NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the County Board Chair to submit comments regarding the Draft Feasibility Report for Trunk Storm Drainage Improvements in Lebanon Hills Regional Park Watershed to the City of Eagan, as presented on June 22, 2004. Administrator's Comments: Reviewed by (if required)- 0 Recommend Action ❑ County Attorney's Office ❑ Do Not Recommend Action ❑ Financial Services ❑ Reviewed-No Recommendation ❑ Risk Management ❑ Reviewed-Information Only ❑ Employee Relations ❑ Submitted at Commissioner Request ❑ Information Technology Count Administrator 6/30/2004 8:37 AM Page 2 c:\documents and settings\tcolbert\local settings\temporary internet fi1es\o1ka\ss6-22.doc Agenda Page No. ?3 6517727977 07/02/2004 10:31 6517727977 DNRCENTRALREGION PAGE 01/03 y~Pt~ pF W1 NryFS lq O rn W Minnesota Department of Natural Resources DNR Waters-Central Region, 1200 Warner Road, St. Patel, MN 55106 Telephone: (651) 772-7910 Fax: (651) 772-7977 w yroF NATURP~~ July 2, 2004 Mr. Russ Matthys, City Engineer City of Eagan 3830 pilot Knob Road Eagan, Minnesota 55122 RE: June 2004 Draft Long Acres Outlet/Lebanon Hills Regional Park Storm Drainage Improvemcnu Report, City of Eagan Project No. 905 Dear W. Matthys: A copy of the subject document, prepared by the city's consultanlt, Bonestroo & Associates, was dropped off at the DNR Regional Office here on June 18. Both DNR Fisheries and I have had a chance to give it a cursory review. I regret I am not able to attend the city council meeting on July 6, but am hopeful a representative of DNR Fisheries may be able to in my stead. This letter summarizes the initial thoughts and observations of the and DNR Fisheries staff on the draft report. Please feel free to share them at the council meeting next week In the event you receive this letter too late for iaciusion in the council's packet, I respectfully request the letter be read in to the official hearing record- GENERAL C MMENTS The plan appears based upon current (existing) watershed conditions. The proposal should consider a fully developed watershed based upon the comprehensive land use plans within the various jurisdictions that lie within the watershed The proposal mentions that under some possible scenarios, protection for Holland Lake would be reduced over inplace conditions. This is not supported by DNR. Our position has been consistent and is still one of kecpittg Holland Lake out of the equation as far as stormwater management is concerned. Regardless of what stormwater management options are ultimately permitted and implemented, the frequency & volume of any stoamwater runoff getting to Holland Lake should be no more than that which exists under existing current conditions. As we have stated in the past, Holland Lake has the best water quality in the county (and some of the best in the entire metropolitan area). I U city, DNR, Met Council, PCA, and Dakota County all acknowledge this. Every effort should be made to maintain or improve on current water quality conditions of this very special resource feature, while respecting and providing for the protection of private properly, Basic Improvements: It is proposed to increase the size of the outlet culvert from Gun Club Pond and increase the volume of water discharging to Marsh Lake. Was consideration given to developing a new outlet from true Club Pond which discharges to Fitz Lake (DNR #19-77P)7 The wetland immediately north of Gun Club could possibly be used for additional short term storage and provide additional opportunity for infiltration. It might also be possible to use the ditch between the railroad tracks and Robert Trail as an open channel - it looks to slope towards Fitz Lake. DNR information- 651-296-6157 - 1-888-646-6367 - TTY. 651-296-5484 - 1-800-657-3929 An 1.qual Opportunity Employer 4W Printcd on. Recycled Paper Containing a Who Valucg Diversity Minimum of 20% Post-Consumer Write 07/02/2004 10:31 6517727977 DNRCENTRALREGION PAGE 02/03 Otherwise a pipe may be able to ruin adjacent to the trwlq and tic into the existing storm water system at Fitz Lake. We feel this warrants furthor consideration. DNR has proposed using Marsh Lake as a walleye rearing pond. Increasing discharges to Marsh Lake would make that possibility less desirable as it would likely decrease water quality, decrease the ficqueacy of winterkill, and increase the potential for other fish species to enter Marsh Lake. Upgraded Improvements: The option of discharging to Holland Lake should be strongly discouraged if it increases the volume and/or fxrquency of discharge over existing conditions. It is not likely that a scenario that includes a lesser degree of protection to Holland Lake than exists today would be authorized The proposal to allow discharges to Wetland 121, which is believed to have significant infiltration capability, should be encouraged, as should all opportunities for infiltration to reduce downstream discharge. As mentioned previously, the plan should address a fully developed watershed condition rather than current conditions. Gun Club Pond Outlet: Therc is no discussion of design at this early stage, so it is assumed the outlet would simply' consist of a culvert. It would be desirable to have an adjustable outlet that could serve as a fish barrier and allow for water level manipulation for control of vegetation and better manage any fish population which may develop. McDonough Outlet: Same as Gum Club Pond- no detail design discussion, etc. at this particular phase of planning. An adjustable (stop log or similar) structure would be more desirable than a simple culvert outlet. Marsh Lake Outlet: DNR has proposed installing a stop log structure on the outlet of Marsh Lake that would allow over-winter draw downs and facilitate winterrIA We would be willing to cost share for the construction or have it installed by the DNR Fisheries construction Crew. An open channel between Marsh and McDonough is preferred to a buried pipe. A natural, bio-engineered channel would be more desirable as a park feature in addition to being more cost-effective. We would also recommend incorporating a fish barrier in the outlet design of Marsh Labe to prevent fish from migrating Sam McDonough into Marsh Lake. It could be designed Ift a small waterfall-like feature A similar waterfall feature constructed as part of an aeration system at Bennett Lake in. Roseville (Ramsey County) has became incredibly popular with users of that park, so much so that the city has opted to operate it year around just for its aestixtic value. DNR Fisheries records indicate that Marsh Lake had a maximum depth of 10.5' and an average depth of 7.8' from soundings done in 1999. We are sure what the water surface elevation, in sea level datum, was at the time of their work. Emergency Overflow - Pound LP 51 to Holland Lake: This should not be an option unless it is clearly demonstrated that both the volume and frequency of overflows from Pond LP 51 to Holland Lake would be no more than that which occurs under existing conditions." Does LP 51 overf low to Holland now other than overtopping Cliff Road? 12" pipe Connection - Marsh Lake to McDonough: A natural channel is preferred - see previous com me nts. 36" Pipe Connection - McDonough Lake to LP 51: Any planning should incorporate park improvement proposals identified in earlier studies. 950, 07/02/2004 10:31 6517727977 DNRCENTRALREGION PAGE 03/03 Connection to Wetland 121 (south of Cliff Road and west of McDonough): This component should be eonsidcred an essential part of the project. Opportunities for infiltration at this known infiltration area and others within the project should be fully explored. MaYi,r,iyAtion of infiltration should be a high priority. Page 14: The author comments that upgraded pipe size would decrease protection of Holland Labe. Any loss or reduction of protection of Holland Lake will be viewed unfavorably. The proposed schedule should allow for 60 days to go through the DNR permitting process. There may be other authorizations required from PCA or Corps of Engineers, depending upon what is finally designedlproposed_ The DNR Dam Safety Engineer should review the berm plans at the McDonough Lake outlet for compliance with state dam safety rules. Page 7 refers to flooding in the Lakewood Hills area. Other than Cliff Road, what has flooded? Any structum? With the support of Dakota County and city, the state statute pertaining to water level control on public waters has been amended during the most recent legislative session to allow greater flexibility to the DNR in considering permittable runout elevations from Public Waters. This is a significant development and greatly influences, in a positive way, what we can permit under the law. Up until recently, the law did not afford us this flexibility. We encourage the city and county to continue to the cooperative effort pursue a aautually-agreeable, environmentally- sensitive solution to the longstanding stormwater management issues that have plagued the watershed for a long time. I am convinced we are making progress in that regard, and look forward to continuing our involvement. Finally, I have had two conversations recently from representatives of the media who have expressed interest in the water management planning efforts under way. I have tried to stress the fact that the city, county, and DNR have made great strides over the past few years in tackling this complex matter. I am confident we are nearing the completion of the planning/feasibility phase and am looking forward to continued cooperation with all involved through the design and implementation phases. Thanks for affording us the opportunity to review and comment on the draft report. Please call me at 651-772-7917 if you have any questions or wish to meet to discuss this matter further. Sincerely, Patrick I Lynch III DNR Area Hydrologist C: Dave Zappetillo, DNX Fisheries Bruce Blair, Dakota County Parks Keith Cherryholmes, Minnesota Pollution Control Agency 0 EGAN, STEWART & LAUER, P.A. ATTORNEYS AT IAW THOMAS A. EGAN*$ 15025 GARRETT AVENUE, SUITE 200 PATRICK W. STEWART APPLE VALLEY, MINNESOTA 55124 THOMAS G. LAUER PHONE (952)432-2200 *ADMITTED IN MINNESOTAAND WISCONSIN FAX (952) 432.2202 $ QUALIFIED ADR NEUTRAL June 29, 2004 RRECEIur SUN 3 0 2004 City of Eagan EAGAN Attn: Russ Matthys, P.E. ENGINEERING DEPARTMENT City Engineer 3830 Pilot Knob Road Eagan, 55122-1897 RE: Roseagan, Inc./City of Eagan Project 905, Longacres/Lebanon Hills Regional Park Storm Sewer Outlet Dear Mr. Mr. Lee Holck, president of Roseagan, Inc., has recently approached me concerning the above- referenced project and delivered to me a Notice of Public Hearing relative to Storm Sewer Improvement Project No. 905. Please find enclosed a copy of that Notice. While it is Mr. Holck's intention to appear at the public hearing to be held on Tuesday, July 6, 2004, he wishes to go on record at this time objecting to inclusion of Roseagan, Inc. in this project. Due to the location of the property of Roseagan, Inc. located in Eagan which abuts other property owned by that company and located in Rosemount, it is Mr. Holck's current belief that none of this property is or should be impacted, directly or indirectly, by the proposed improvements in question. Furthermore, Mr. Holck after his analysis of the potential special assessment does not believe that his property will be speciallybenefittedto the extent ofthe proposed special assessment. Please be governed accordingly. Certainly, should you have any questions, comments, or concerns in the interim, by all means please let me know. Thank you. Very truly yours, EGAN, STEWART & LAUER, P.A. Thomas A. Egan TAE/blg Enclosure cc: Roseagan, Inc. CJ Agenda Memo July 6, 2004 C. GUN CLUB ROAD RIGHT-OF-WAY VACATION ACTION TO BE CONSIDERED: Approve the vacation of public right-of-way known as Gun Club Road south and east of Biscayne Avenue, reserving the rights for drainage & utility purposes, and authorize the Mayor and City Clerk to execute all related documents all subject to the recording of adequate replacement rights-of-way with the Final Plat of the Long Acres Addition. FACTS: • On May 4, 2004, City staff received a letter from Robert Kriha, Development Supervisor for Manley Land Development, Inc., requesting the vacation of a portion of the existing public right-of-way for Gun Club Road, south of Biscayne Avenue in southeast Eagan. • Gun Club Road will be realigned in conjunction with the proposed Long Acres development. The purpose of the request is to allow the incorporation of the vacated right-of-way area into the subdivision plat, while replacement right-of-way will be dedicated over the re-alignment of Gun Club Road. • The City will also consider the final subdivision of Long Acres on this agenda. The vacation of this right-of-way would clean up the proposed plat by avoiding an underlying recorded dedication. • . There are private utilities (Dakota Electric Associations power lines) within the northern portion of right-of-way proposed to be vacated that will require the City to retain the rights for that portion for drainage and utility purposes including maintenance, repair and construction. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners and/or interested parties informing them of this public hearing. No objections have been received to date. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action, if the final subdivision and plat of Long Acres is approved by the City Council. ATTACHMENTS: • Location Map, page 0 % • Legal Description, graphic, page 0 . • Letter requesting vacation, page 00 Z Q• O H Ln C7 z w x W J DIFFLEY ROAD F1 c Llil CLIFF ROAD o rb G] Eti NON H~~LS Proposed 1-EgA 9PA Y- Vacation LANE REGIONP ~o 0 v GUN CLUB 6 I ROSEMOUNT G:Nacations\Gun Club (Y9 Club Road Proposed Right-of-Way Vacation 5/12/04 Location Map City of Eagan Description Sketch for: MANLEY LAND DEVELOPMENT N y- Z OO m~ O I Q 1 Inch = 100 Feet OV) U Ld O In L'j w } ZJ I i n I t r~i~ ~C J J +^r n r~r~lr~n~ I r+vvl I Ivl r1r~~.~.L I L,J Q -T t1 1 rlT 111h1' ` L- - I ti '18"W 246.25 U1VL-N I R'. ~:;~iCC~. t.41.0%. 6 i 66 S89°49 33.00 "E n 117TH STREET EAST'° s66°p8 2a ~a~~ S89°49'1 8"W 246.25 30 I L ~ R ` L •ti PROPOSED VACATION OF C~ r r, 7 T LE- S ~A 117TH STREET EAST 0 h CL I' Proposed legal description to vacate a portion of 117TH STREET EAST (A.K.A. Gun Club Road) All that part of 117TH STREET EAST as delineated and dedicated on HALLEYS 1ST ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying easterly of the southerly extension of the west line of Lot 1, Block 2, said HALLEYS 1ST ADDITION • THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. WE HEREBY CERTIFY TO MANLEY LAND DEVELOPMENT THAT THIS SURVEY, PLAN OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, DATED THIS 22ND DAY OF APRIL, 2004. SIGN D: t ENGINEERI , P BY: ,-Kohn C. Larson, Professional Land Surveyor Minnesota License No. 19828 ~c 2422 Enterprise Drive * Mendota Heights, MN 55120 k PIONEER LAND SURVErvas . CIVL ENGWEERS (651) 681-1914 FAX: 681-9488 engineering LAND PLAWERS• tANDSWE ARCKTECTS 625 Highway 10 N.E. Blaine, MN 55434 (763) 783-1880 FAX.783-1883 in.-~nl7.-,ns nWC; NJK 103017 04-121 X471 M&NLEY Land Development, Inc. 21 13 Cliff Drive Eagan, MN 55 122 Phone 651.454.4933 Fax 651.454.9371 www. m a n s eyb ro Ch e rs. co m City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Gun Club Road To Whom It May Concern: Manley Land Development, Inc. is requesting a vacation of road easement on Gun Club Road. This will enable us to redirect Gun Club Road into Biscayne Avenue per approval of the plans for our Long Acres development. Thank you for your cooperation with this matter. Sincerely, G(i Robert Kriha Development Supervisor Manley Land Development, Inc. 91 Agenda Information Memo July 6, 2004 Eagan City Council VI. OLD BUSINESS A. FINAL SUBDIVISION (LONG ACRES 1sT ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To approve a Final Subdivision, the first phase of the Long Acres development, to create 26 single- family lots and three outlots, on approximately 29.6 acres located south of Gun Club Road at Biscayne Avenue in the SE '/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: • The Preliminary Subdivision totaling 51 lots on 29.6 acres was approved February 17, 2004. • This Final Subdivision is the first phase of the Long Acres development and creates 26 lots; the three outlots are for future phases of the development. • All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ISSUES: • On February 17, 2004 the City Council approved the Long Acres preliminary subdivision with the following condition regarding trunk storm sewer in the area: "A public improvement project providing for an outlet pipe between LP-23 and LP-22 (Marsh Lake in Lebanon Hills Regional Park) shall be approved by the City Council before final subdivision approval for this development." • The scope of work outlined under Project 905 - Long Acres Outlet/ Lebanon Hills Regional Park Storm Drainage Improvements, scheduled for public hearing consideration prior to this item on this agenda, provides for the outlet pipe between Pond LP-23 and Pond LP-22 (Marsh Lake), as required in the preliminary subdivision approval. • Based upon Council action on Project 905, the Council should consider this condition of approval with the final subdivision of Long Acres. • If Project 905 is approved, the City Council should maintain this condition of approval with the understanding that the actual construction of Project 905 is dependent upon Dakota County's approval and participation. • If Project 905 is not approved or if the project is continued to a later date, the City Council should either, 1) Approve the final subdivision of Long Acres removing the condition providing for the trunk storm sewer improvements, OR 2) Continue consideration of approval for the final subdivision of Long Acres until the necessary agreements between the City and the County have been approved by both agencies. 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J ILLLLLL iriri n.Z.AlDOD-l+ _-~C`~.\\~ ~fi~ Iva-'~ R w~oc ..LZ.Llwou R R ~m IJ Cm ~P C~ 1 e'd, uo-` Q R'E ` / ' W9C YRS 169x.: DDL1Z 0Q L C] I r .zs rii, 4~ / l` \'^r E3 a ' J , \ N I. I ' / 4 ``,Jd `y i / y4~a''/i ,aD-~ 2 f~°~ e - l:? I ' ~ L__-- ~ J 9o.4J G or crr ) f f q. ` 5 b B / ~ 4\. dJ` \ BIR ~yn',L'L fh_C y~»m _ ~~~\j\~ \ ~N 5 r ~~e iim r;Q g S - ,aesL m Q1.'1;,, ` aa>D° 'y. s:czn']T ma~•r~',e --r• s p91 ~ - ,yr L, • >J 111 ~I: W r~-D`taa \ yJ/''' 'oF S~~°'aLSS,a <p g Q 7.( I" ; Q i.' I NOS I Q ~ ~ J ~ 1.,.~j ~ ~ ~e ' I am I L) f \ N : J I M' `r• ss~_ri ..~__i~ I 6GM1 ~ mn:' I.c.~xr..-"-S-A'IAw D~'tt L-__-_--4SRIE--__ ZG19 i D, C LR._ .'LCL ~ I~,^G LZSG RY9 gu ' I Zb'0H8 'urotn v']~+,mL~L N,.6[,DLDON i &b I x,tz~~ 1 cC I CC MvJIH:r A=A A1KX~• C av'r p~°n• 3 Agenda Information Memo July 6, 2004 Eagan City Council Meeting B. REZONING, PRELIMINARY SUBDIVISION (EVERGREEN ENCLAVE) - EPIC DEVELOPMENT ACTIONS TO BE CONSIDERED: To approve a Rezoning of 7.7 acres from A, Agriculture to R-1, Single Family residential for property located at 4195 Lexington Way South. To approve a Preliminary Subdivision (Evergreen Enclave) of 7.7 acres to create 7 lots and an Outlot at property located at 4195 Lexington Way South; subject to the conditions in the staff memo dated June 29, 2004. To approve a Variance to the front setback on Diffley Road of 0 feet for the existing home on Lot 7, Block 1, Evergreen Enclave; subject to the conditions in the staff memo dated June 29, 2004. To approve a Variance to allow Lots 2 and 3 without public street frontage; subject to the conditions in the staff memo dated June 29, 2004. REQUIRED VOTE FOR APPROVAL • Majority * Items in bold represent new information FACTS: • At the June 15, 2004 City Council meeting the item was continued to the July 6th meeting in order to give staff ample time to review the revisions. • At the May 18, 2004 City Council meeting the applicant was directed to meet with the APrC and APC to discuss issues raised by staff. This item was directed to the June 15, 2004 City Council meeting. • At the joint meeting between the APC and APrC, lift stations, rain gardens, individual sanitary sewer pumps, soil conditions, steep slopes and site impacts were discussed. • Commission members were skeptical of the proposal due to all the obstacles previously stated and generally stated their lack of support for the Evergreen Enclave development unless the lot count was drastically reduced. • The revised plan includes 7 lots and one outlot, two variance are requested; Diffley Road building setback for existing house and 2 lots that do not have public street frontage. l • The subject site is heavily wooded and has a ravine that dissects the property in an east/west fashion. • An existing single family home (built in 1964) is present on proposed Lot 7 and will remain with development; one variances applies specifically to this lot/structure. • Proposed Outlot A will be donated as park land, but will not fulfill park land dedication. • Tree mitigation is not applicable to the revised plans. • This proposal provides for gravity sanitary sewer service from existing sanitary sewer within Lexington Way to all lots and does not require lift stations. • This proposal does not incorporate rain gardens for water quality or storm water runoff control purposes. • The conditions in the memo reflect staffs review of the 7 lot proposal. • A public hearing was held at the April 27, 2004 Advisory Planning Commission and they recommended approval. ISSUES: • The hardship for all the variance requests appears to be self-created by the developer. • This proposal shows the extension of one dead end public water main, along the private street. To eliminate hydrant flushing concerns associated with the pubic water main and the ravine, the houses along the private street should be served by individual private water services extending from Lexington Way. • This proposal reduces, but does not entirely eliminate, development impact to the ravine. A portion of the top (east) end of the ravine will be impacted by grading for the houses on Lots 4 and 5. • While the concern with previous proposals regarding the long-term maintenance of private streets by homeowners' associations is not entirely eliminated, it is reduced with the private street shortened to approximately 250 feet. • 120 Agency Action Deadline • The applicant has waived any Agency Action Deadline ATTACHMENTS (6): Advisory Planning Commission Minutes on page ` 9 / Staff report on pages /00 through /aI6 APC and APrC Joint Meeting notes on pagesL)74hreQgt► Revised plans on pages through/ 2 Staff Memo review of revised lane on pages/,3through Neighbor's letters on page g City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 5 C. REZONING & PRELIMINARY SUBDIVISION - EPIC DEVELOPMENT. LLC A Rezoning of approximately 7.7 acres from A, Agriculture to R-1, Single Family Residential and Preliminary Subdivision (Evergreen Enclave) to create 12 lots, located at 4195 Lexington Way S. in the SE'/4 of Section 22. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated April 22, 2004. She noted the background and history. Rich Ragatz, Epic Development stated the site is heavily wooded and needs special considerations during development. He stated two lift stations are being installed, along with other efforts to reduce tree loss. He stated maximum allowable density was not met. He stated the Dakota County Plat Commission thought the continued occupancy of the existing home would be acceptable with appropriate setbacks. Chair Heyl opened the public hearing. Jane Payfer, attended the meeting in representation of her parents, Floyd & Margaret Rodmyre who reside at: 4145 Lexington Way. She stated concern with the process of development due to the fact that she was not properly notified of the application. She explained that the illustration that she was given to depict the placement of the proposed homes does not give details as to the height of the homes and other dimensional information. She read the letter written by her parents contesting Lot 6, along with other objections including preservation of the particular trees that show the history of the area. Pete Ramstead stated support of the R1 zoning designation. There being no further public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Mr. Ragatz explained the size and styles of the proposed homes. He compared the proposed development to the Waters Edge Development, possibly a little smaller. He explained that the homes would be designed to fit the lots, and an association would manage general maintenance of the development. Assistant Engineer John Gorder stated the Fire Marshall has reviewed and deemed the proposed acceptable. Planner Cartney stated the City Forester will determine which tress may be removed. Chair Heyl stated concern for erosion control for the ravine specifically. She also stated she is skeptical of the rain garden concept in this development. Mr. Ragatz explained that he does not have experience with rain gardens; however they are being extensively researched. He stated the installation of a typical retention pond would consume additional trees. He explained that there is not much more maintenance required for rain gardens verses a retention pond. ~'6 City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 6 Ms. Payfer asked for clarification on the variance request for curb and gutters. Mr. Ragatz explained that the lack of curb and gutters is to assist the rain gardens. He stated the roadways would be angled; therefore the runoff would be sheeted towards the gardens. He stated there would be conservation easements over the raingardens and a conservation easement over the ravine. Assistant Engineer John Gorder stated the rain garden concept works if it is built and maintained properly for smaller rains, however larger rains will bypass the gardens. He stated Staff's concern for the larger rains that would in turn collect in the ravine. He suggested measures be required at development that insure the ravine will have assistance with water retention during the larger rains. Member Leeder explained that he visited some rain gardens in Maplewood and is in favor of them in the City of Eagan. He expressed the need for enforcement of condition number 19. Assistant Engineer John Gorder stated the rain gardens have been successfully built on larger lots and in the public right-of-ways in other communities. Chair Heyl stated concerns for erosion, however hopes that the developers and engineers are capable of developing the property properly. She stated importance of the ensured maintenance of the rain gardens. She explained that if Dakota County approved of the existing home remaining on the property with the proper right-of-way, she is comfortable with it as well. Member Leeder suggested deleting condition number 12. Member Bendt moved, Member Leeder seconded a motion to recommend approval of a Rezoning of approximately 7.7 acres from A, Agriculture to R-1, Single Family Residential for property located at 4195 Lexington Way S. in the SE '/4 of Section 22. All voted in favor. Motion carried 4-0. Member Leeder moved, Member Bendt seconded a motion to recommend approval of a preliminary Subdivision (Evergreen Enclave) to create 12 single family lots on property located at 4195 Lexington Way South subject to the following conditions as amended: 1. The property shall be platted. 2. The Development shall be responsible for a cash trails and park dedication 3. Outlot A shall be dedicated to the City in a form acceptable to the City Attorney. 4. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 5. The applicant contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 7 compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 6. To meet City water quality requirements, the development should create a series of "rainwater gardens" or "infiltrations basins" to collect and infiltrate stormwater runoff from both streets. Technical designs and details of such structures should be acceptable to and approved by Eagan Water Resources and Engineering staff. 7. A cash dedication in lieu of ponding should be applied to impervious area of the development that contributes stormwater that is not captured in "rainwater gardens" or "infiltrations basins." 8. The developer shall construct sanitary sewer lift stations and force main pipe to serve the development in accordance with City standards. 9. The developer shall construct public storm sewer, and provide utility easements for the same in a form acceptable to the City Attorney, in accordance with City Engineering standards, from the southern private street to the existing storm sewer within Diffley Road. 10. The developer shall construct two lift stations to pump sanitary flows to the existing sanitary sewer. The sanitary sewer lift station and forced main pipe should be constructed in accordance with City Public Works standards and public utility easements, in a form acceptable to the City Attorney, shall be provided concerning the subject lift stations and forced main pipe. 11. The developer shall construct measures within the ravine to limit post-development runoff rates of flow off-site to pre-development rates. These measures shall cause minimal disturbance to the ravine area. 12. The existing septic and well systems within the site shall be abandoned in accordance with City and County standards. 13. If the development is not granted the variance, the private streets shall be constructed in accordance with City engineering standards by one of two options: 1) concrete curb & gutter with a piped storm sewer system, or 2) concrete curb & gutter with curb cuts allowing discharge to the rain gardens or infiltration basins. 14. The private streets shall be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. 15. The driveway access for the existing house on Lot 12 shall be relocated from Lexington Way to the adjacent private street. 16. The developer shall be responsible for obtaining all necessary permits for work associated with this development within Dakota County right-of-way. 17. The driveway way access to Lots 5 and 6 should be widened to 15 feet at the entrance from the private street along with the driveway to Lot 7 for fire truck access. City of Eagan Advisory Planning Commission Meeting Minutes April 27, 2004 Page 8 18. The developer shall provide a declaration establishing the private streets, in a form acceptable to the City Attorney. 19. The developer shall establish a homeowner's association for the maintenance of the private streets, rain gardens and ravine stabilization and provide evidence of the same in a form acceptable to the City Attorney. 20. The developer shall grant the City a conservation easement over the ravine area in a form acceptable to the City Attorney. All voted in favor. Motion carried 4-0. Member Hansen moved, Member Leeder seconded a motion to recommend approval of a Variance to the front Setback on Diffley Road of 0 feet for the existing home and an 18 foot front setback from the private road on Lot 12, Block 1, Evergreen Enclave subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The variance shall only apply to the existing building on Lot 12, Block 1, Evergreen Enclave. All voted in favor. Motion carried 4-0. Member Leeder moved, Member Bendt seconded a motion to recommend approval of a Variance to allow construction of drives without curb and gutter for Evergreen Enclave Addition, subject to the following conditions: 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. All voted in favor. Motion carried 4-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 22, 2004 CASE: 22-PS-03-03-04 22-EZ-03-03-04 APPLICANT: Rich Ragatz HEARING DATE: April 27, 2004 PROPERTY OWNER: The Krisnik's APPLICATION DATE: March 18, 2004 REQUEST: Rezoning, Preliminary Subdivision PREPARED BY: Sheila Cartney LOCATION: 4195 Lexington Way South COMPREHENSIVE PLAN: LD, Low Density ZONING: A, Agriculture SUMMARY OF REQUEST The applicant requested approval of a Rezoning of 7.62 acres from Agriculture to R-1, Single Family Residential and a Preliminary Subdivision (Evergreen Enclave) to create 12 single family lots at property located at 4195 Lexington Way South, in the SE'/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 establishing conditions related thereto: Planning Report - Evergreen Enclave April 27, 2004 Page 2 A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). 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." O( Planning Report - Evergreen Enclave April 27, 2004 Page 3 BACKGROUND/HISTORY The site is a legal tax parcel that is not platted. The site contains 7.6 acres. EXISTING CONDITIONS The site is heavily wooded and is split with a steep ravine running east-west draining through the Caponi Art Park into Patrick Eagan Park. There is a single family home, built in 1968, located on the southeast corner of the lot and a detached accessory structure on the northeast corner of the lot. Access is via Lexington Way, each structure has a separate entrance from Lexington Way. The house is currently connected to City sewer and water. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single Family R-l, Single family LD, Low Density Residential residential South Lexington/Diffley P, Park/ PD, Planned P, Park/LD, Low Athletic fields/ Development Density -Lexington Ridge East Commercial/retail PD, Planned RC, Retail Development Commercial West Park P, Park P, Park EVALUATION OF REQUEST Staff is concerned that the preservation of the existing home will be out of character with the new homes. Preserving the existing home requires variances to hardships that are created by the developer. Compatibility with SurroundinArea - The property to the north is zoned R-1, single family residential. The property to the south is parkland and the proposed town home development of Lexington Ridge. Rezoning the property to R-1, single family residential would be consistent with the zoning and development of the west side of Lexington Way. The proposed use is consistent with the Land Use Designation of Low Density 0-4 units/acre. Airport Noise Considerations - The subject site does not fall within an airport noise area. /64:2 0~ Planning Report - Evergreen Enclave April 27, 2004 Page 4 Density - The proposed development has a net area of 6.24 acres. The proposal is for development of 12 single family lots, the net density is 1.98 units/acre. The proposed density is consistent with the guide plan of 0-4 units/acre. Lots - The lots range froml2,563 square feet to 27,133 square feet. The minimum. lot size in an R-1 development is 12,000 square feet all 12 lots comply with this minimum standard. The existing house is proposed to stay on Lot 12, with a 0 foot building setback off Diffley Road right-of-way if the County approves a variance from the right-of-way dedication requirement. The proposed 0 foot setback also requires a variance from City setback requirements. The applicant did not provide a hardship for this request. The existing house was built in 1968, staff has some concerns with the existing house being out of character within this development, in addition by keeping the house there is a need for setback variances from Diffley Road, the proposed private road and a deviation from the County right-of- way dedication standards. The applicant indicated the current home owners will not be residing at the existing home. Outlot A will be dedicated as park property. The code also requires that each lot have a minimum of 50 feet of public street frontage. Because proposed lots 2-6, 9 and 10 do not have any public street frontage, a variance is necessary to allow lots without public street frontage. Setbacks - All R-1 setbacks are proposed to be met with this development, with the exception of Lot 12. Lot 12 proposes to have a 0 foot setback from Diffley Road where a 50 foot setback is required, and an 18 foot setback from the private Road where a 20 foot setback is required. The proposed 0 foot setback requires a variance. A front setback of 20 feet is proposed, the roads are private dead end roads (with turnarounds in lieu of cul-de-sacs, which allow for a 20 foot setback. The principal structure side yard setback is 10 feet and rear yard setback of 15 feet. Any accessory structure side yard and rear yard setback is five feet. Building Coverage - The City Code limits overall building coverage in an R-1 district to 20 percent. All of the proposed lots should easily comply with this standard. Grading - The site is heavily wooded with steep topography in areas, with elevations ranging from 980 to 900. The areas of steep topography include the existing ravine that extends through the middle of the site from east to west. Due to the steep topography, City staff is concerned about the ability to maintain adequate temporary and permanent erosion control measures with development. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is subject to the City's codified land disturbance and erosion control regulations. Storm Drainage - Storm water runoff is proposed by the developer to be accommodated by on- site "low-impact development" measures in an attempt to eliminate the traditional storm sewer piping that may concentrate the runoff to the ravine area, causing erosion problems. The low A& Planning Report - Evergreen Enclave April 27, 2004 Page 5 impact options proposed to reduce storm water runoff from this development include rain water gardens, infiltration basins, and grassy swales. These options create low areas within the development that are designed to hold and slowly infiltrate runoff, but their efficiency is highly dependent upon the site's soil type, detention time and the proper on-going maintenance such as sediment removal and vegetation preservation. These features are generally not utilized within a typical suburban development, the City of Eagan does not currently have a policy in place, and staff has concerns regarding their effectiveness and future maintenance assurance. The staff has concerns that high intensity runoff will not infiltrate as designed and will discharge to the ravine area of the site, potentially causing significant erosion. This development proposes to construct a series of rain water gardens, approximately 1 to 3 feet deep, along the street edges and between houses to capture runoff and allow it to infiltrate. Information has not been provided as to how they would be maintained in the future to ensure their effectiveness. If the development is approved with low-impact storm drainage options, the design, construction and provisions for future maintenance should be reviewed and approved by City staff. To divert storm water runoff from the southern private street away from the ravine area, the developer should construct public storm sewer, in accordance with City engineering standards, from the private street to existing storm sewer within Diffley Road. To reduce the potential for downstream erosion, the developer should construct measures within the ravine to limit post- development runoff rates of flow off-site to pre-development rates. These measures should cause minimal disturbance to the ravine, and may include periodic rock checkdams and vegetation plantings within the ravine. Utilities - A sanitary sewer pipe of sufficient size and capacity is available along the east edge of the site within Lexington Way right-of-way. The depth of the sanitary sewer stub is not sufficient to accommodate gravity flow to any of the basement levels of the proposed houses. In order to accommodate the sanitary flow of the proposed development and to reduce any constriction disturbance to the ravine area of the site, the developer will be required to construct two lift stations to pump sanitary flows to the existing sanitary sewer. The developer should construct sanitary sewer lift stations and force main pipe to serve the development in accordance with City public works' standards. The developer shall provide public utility easements, in a form acceptable to the City Attorney, concerning the subject lift stations and forced main pipe. An existing water main stub is available along the east edge of the site for connection and extension of two individual water mains down each private street. They will not be looped into the development to avoid construction disturbance of the ravine. Streets/ Access/ Circulation - The developer is proposing two 26-foot wide private streets from Lexington Way to serve all proposed properties. Pursuant to City Code 13.20, subd. 9, the City, as a general rule, does not permit landlocked parcels or parcels that are served only with private easements. The drives are proposed to be constructed without curb & gutter, allowing for the un- concentrated flow of runoff to the low-impact development rain water gardens, or infiltration basins, before discharging to the ravine area. Constructing drives without curb & gutter requires a /D Planning Report - Evergreen Enclave April 27, 2004 Page 6 variance from the City Code. If the variance is not granted, the drives should be constructed in accordance with City engineering standards by one of two options: 1) concrete curb & gutter with a piped storm sewer system, or 2) concrete curb & gutter with curb cuts allowing discharge to the rain water gardens or infiltration basins. The private drives should be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. The driveway way access to Lots 5 and 6 should be widened to 15 feet at the entrance from the private street along with the driveway to Lot 7 for fire truck access. The driveway access for the existing house on Lot 12 should be relocated from Lexington Way to the adjacent private street. The developer shall provide evidence of a declaration establishing the private streets, in a form acceptable to the City Attorney. The developer shall also establish a Homeowner's Association for the maintenance of these private streets and provide documentation of such Homeowner's Association in a form acceptable to the City Attorney. Easements/ Permits/ Right-of-Wad The proposed development is adjacent to Diffley Road (County Road 30), and therefore, subject to Dakota County plat ordinances. County right-of-way dedication guidelines indicate that the development is required to dedicate a total of 75 feet of one-half public road right-of-way for the future expansion of Diffley Road. The dedication of 75 feet of right-of-way will cause the existing house on Lot 12 to be approximately 5 feet into the right-of-way. The developer is proposing a dedication of 70 feet of right-of-way along Diffley Road. This deviation from the right-of-way guidelines will require a variance from Dakota County. If the variance is not granted, the County will not record the plat as presented. The developer should be responsible for obtaining all necessary permits for work associated with this development within Dakota County right-of-way. Water Quality/Wetlands - For this development, it is proposed to construct a series of rain water gardens, approximately 1 to 3 feet deep, along the street edges and between houses to capture runoff and allow it to infiltrate. Information has not been provided as to how they would be maintained in the future to ensure their effectiveness. If the development is approved with low- impact storm drainage options, their design, construction and provisions for future maintenance should be reviewed and approved by City staff. This proposed 7.6-acre single-family subdivision is located in the City's J-watershed. Stormwater generated by the development will drain to the west toward Patrick Eagan Park. Because of the size and location of the parcel, this project is subject to City water quality requirements. A stormwater treatment pond with a minimum volume of 0.3 acre-feet covering a minimum area of 0.2 acres is required. Originally, the developer was proposing to route stormwater from both proposed streets to the very steep ravine that traverses the parcel from east to west. With this strategy, storm pipes would have to be buried very deep (via a wide trench) to reach the bottom of the ravine, and 14_5;", Planning Report - Evergreen Enclave April 27, 2004 Page 7 would have delivered stormwater to a retention area that would have to be created by damming the natural ravine. Construction of this infrastructure would have been extremely disruptive to the site, its trees and steep slopes. The likelihood of significant erosion and tree impacts with this strategy appears to be quite high. Thus, on-site stormwater treatment is not practical here. However, there is a relatively unique opportunity to explore uncommon strategies to address stormwater runoff. After consultation with City Water Resources, Forestry, and Engineering staff, the developer is now proposing to create a series of low-lying "rainwater gardens" or "infiltrations basins" between homes to collect and infiltrate stonnwater runoff from both streets. The idea is to separate versus consolidate stormwater runoff-which more closely mimics natural watershed properties-and to significantly reduce runoff from a "design storm" that typically requires construction of a stormwater treatment pond. Technical designs and details of this proposal would need to be acceptable to and approved by Eagan Water Resources and Engineering staff. As is standard practice, the City requires a cash dedication in lieu of ponding for stonnwater that drains off-site untreated. In this case, stormwater from impervious area of the parcel that is not captured in the "rainwater gardens" or "infiltrations basins" would be subject to a cash dedication. There are no jurisdictional wetlands associated with development of this site. Tree Preservation - A tree inventory submitted with this application indicates that there are eight hundred thirty seven (837) significant trees in the inventory. The development as proposed will result in the removal of two hundred fifty nine (259) significant trees (30.9 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, single-unit residential) is set at 40% of the total significant trees. With a proposed removal less than the allowable amount, tree mitigation is not required for this proposal. Parks and Recreation - The proposed development is located immediately adjacent to the "Caponi East 10" parcel and across the road from Lexington-Diffley and Goat Hill Parks The current owner, Tony Caponi, has offered to sell the 10 acre parcel to the City. The Caponi parcel is located immediately adjacent to Patrick Eagan Park. The City Council previously approved the allocation of $720,000 from the Park Site Fund to go towards the acquisition of the parcel for the purpose of its preservation and potential to enhance Patrick Eagan Park. The City, in collaboration with the Trust For Public Land, recently applied for State grant funding to make up the difference between the purchase price and the approved City allocation. The westerly portion of the development site is heavily wooded and has much of the same character of the Caponi parcel. The topography of the site would greatly inhibit the development of any recreational facility or amenity. Residents of the new development would be well served by the existing park facilities located only across the road. For purposes of preservation and XD6 Planning Report - Evergreen Enclave April 27, 2004 Page 8 buffering staff originally suggested to the Developer that a Park Dedication consisting of 10% (.76 acres) be made along the west boundary of the site. The Developer has since suggested that the Park Dedication be made in cash in lieu of a land dedication, however, the Developer would simultaneously donate approximately 1.39 acres of land to the City (outlot A) for park purposes. Outlot A is located along the west boundary of the site and encompasses the area originally proposed for dedication. The Development shall be responsible for a cash trails and park dedication. Homeowner's Association - Because of the private roads a Homeowner's Association is necessary for maintenance purposes. The development proposes to have rain gardens throughout the development; the association should be responsible for these gardens as well. The combination of private roads, rain garden drainage features and ravine erosion control will result in a large and non-typical maintenance burden to these 12 properties. Advisory Park and Recreation Commission - The APrC heard this development item on April 19, 2004 and recommended approval of the Preliminary Subdivision. SUMMARY/CONCLUSION The proposal is to rezone the property from Agriculture to R-1, Single Family Residential and a Preliminary Subdivision to create 12 single family lots with a density of 1.98 units/acre. The lots will be served by private streets via Lexington Way. In order to approve this proposal, four variances are necessary: Diffley Road right-of-way dedication, no public street frontage, no curb and gutter, and the setbacks from Diffley and the private street for the existing house. The developer has not provided any hardship for these variances. Other than the variances stated above, the lots comply with R-1 standards. The existing home is planned to remain on Lot 12, staff has concerns with the existing house being out of character within this development and the number of variances necessary for the home to be preserved. The hardship for the variance appears self-created by the developer. The site is heavily wooded and has a ravine that dissects the property in an east/west fashion. Storm water runoff is proposed to be accommodated by on-site "low-impact development" measures in an attempt to eliminate the traditional storm sewer piping that may concentrate the runoff to the ravine area, causing erosion problems. Low impact options exist to reduce storm water runoff from a development area, including rain water gardens, infiltration basins, and grassy swales. These features are generally not utilized within a typical suburban development, on a steep side hill. The City of Eagan does not have a policy in place, and staff has concerns regarding their effectiveness for frozen ground conditions, high intensity runoff and future maintenance. If they are not properly built or maintained, runoff will not infiltrate as designed and will discharge to the ravine area of the site, potentially causing significant erosion. X~ Planning Report - Evergreen Enclave April 27, 2004 Page 9 The developer should construct sanitary sewer lift stations and force main pipe to serve the development in accordance with City public works' standards. County right-of-way dedication guidelines indicate that the development is required to dedicate a total of 75 feet of one-half public road right-of-way for the future expansion of Diffley Road. The dedication of 75 feet of right-of-way will cause the existing house on Lot 12 to be approximately 5 feet into the right-of- way. The developer is proposing a dedication of 70 feet of right-of-way along Diffl ey Road. This deviation from the right-of-way guidelines will require a variance from Dakota County. If the variance is not granted, the County will not record the plat as presented. Outlot A will be donated as park land, but will not fulfill the park land dedication. The proposed tree removal is 30.9 percent the code allows up to 40 percent removal; therefore, tree mitigation is not necessary. ACTION TO BE CONSIDERED To recommend approval of a Rezoning of 7.62 acres from Agriculture to R-1, Single Family residential for property located at 4195 Lexington Way South. To recommend approval of a Preliminary Subdivision (Evergreen Enclave) to create 12 single family lots on property located at 4195 Lexington Way South. If approved, the following conditions should apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, B1, 2, 3, C1, 2, Dland E1 1. The property shall be platted. 2. The Development shall be responsible for a cash trails and park dedication 3. Outlot A shall be dedicated to the City in a form acceptable to the City Attorney. 4. Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting) be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 5. The applicant contact the City Forestry Division and set up a pre-construction site.inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 6. To meet City water quality requirements, the development should create a series of "rainwater gardens" or "infiltrations basins" to collect and infiltrate stormwater runoff from both streets. Technical designs and details of such structures should be acceptable to and approved by Eagan Water Resources and Engineering staff. 7. A cash dedication in lieu of ponding should be applied to impervious area of the development that contributes stormwater that is not captured in "rainwater gardens" or "infiltrations basins." 8. The developer shall construct sanitary sewer lift stations and force main pipe to serve the development in accordance with City standards. Id F Planning Report - Evergreen Enclave April 27, 2004 Page 10 9. The developer shall construct public storm sewer, and provide utility easements for the same in a form acceptable to the City Attorney, in accordance with City Engineering standards, from the southern private street to the existing storm sewer within Diffley Road. 10. The developer shall construct two lift stations to pump sanitary flows to the existing sanitary sewer. The sanitary sewer lift station and forced main pipe should be constructed in accordance with City Public Works standards and public utility easements, in a form acceptable to the City Attorney, shall be provided concerning the subject lift stations and forced main pipe. 11. The developer shall construct measures within the ravine to limit post-development runoff rates of flow off-site to pre-development rates.- These measures shall cause minimal disturbance to the ravine area. 12. The existing septic and well systems within the site shall be abandoned in accordance with City and County standards. 13. If the development is not granted the variance, the private streets shall be constructed in accordance with City engineering standards by one of two options: 1) concrete curb & gutter with a piped storm sewer system, or 2) concrete curb & gutter with curb cuts allowing discharge to the rain gardens or infiltration basins. 14. The private streets shall be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. 15. The driveway access for the existing house on Lot 12 shall be relocated from Lexington Way to the adjacent private street. 16. The developer shall be responsible for obtaining all necessary permits for work associated with this development within Dakota County right-of-way. 17. The driveway way access to Lots 5 and 6 should be widened to 15 feet at the entrance from the private street along with the driveway to Lot 7 for fire truck access. 18. The developer shall provide a declaration establishing the private streets, in a form acceptable to the City Attorney. 19. The developer shall establish a homeowner's association for the maintenance of the private streets, rain gardens and ravine stabilization and provide evidence of the same in a form acceptable to the City Attorney. To recommend Approval of a Variance to the front setback on Diffley Road of 0 feet for the existing home and an 18 foot front setback from the private road on Lot 12, Block 1, Evergreen Enclave, if approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The variance shall only apply to the existing building on Lot 12, Block 1, Evergreen Enclave. To recommend Approval of a Variance to allow construction of drives without curb and gutter for Evergreen Enclave Addition, if approved the following conditions apply: /10 9 Planning Report - Evergreen Enclave April 27, 2004 Page 11 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. To recommend Approval of a Variance to allow lots 2 through 6, lots 9 and 10, without public street frontage, if approved the following conditions apply: I . If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The variance only applies to Lots 2 through 6, 9 and 10. 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. 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 LTSNS STANDARD.CON FINANCIAL OBLIGATION-Preliminary Subdivision-Evergreen Enclave 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. $7,468 Water Lateral S.F. 24.85/F.F. 490 F.F. 12,176 Water Trunk S.F. 7,717 $27,361 113 i i Eagan Boundary Location Map Street Centerline Parcel Area Building Footprint +++r p nw. ® ® E 4e ©i <e ~ ~ t C ~ ~S a B{+ © d g t s E}d o Q a ra o rr R w 8 ~n ~ia~ -101 F d 8 m ~ ~ g\,~ lCEJ m G ~ f r! Sub"ect Site ~p a wµ4 f irl j tr7 6_ ~ W J 50 e~ G.a 4~ta eq `r~ r 6 Qo r~ . yt . m ~ r ~ ~ ~ 4 ~ ~ ~ ~ ~Gr d3 ~ C9 [J 8 C3 6 1000 0 1000 2000 Feel Development/Developer: Evergreen Enclave Application: Prelim Subdivision Case N . 22-PS-03-03-04 Map Prepar ' 61 using RSI Arc a arcel base map data provided N by Dakota only Offi and Is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E City of eagein 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 Evergreen Enclave Land Use Map Case No. 22-PS-03-03-04 Zoning Map PF 0 W A a ~h y` PD R-1 Current Zoning: P PF A Agriculture A PF F R-1 P P P 600 0 600 7300 F..t Comprehensive Guide Plan LD Land Use Map yQ~~ti H D P QP LD RC OP Current Land Use Designation: LD LD RC Low Density Residential 0-4ula P P 77 0 ols D C coo a coo tzoo F.at 3A P MD S Parcel base map Wonnati p vide~y ako my Land Survey DepartmeK Juns 2007. N Zoni o mafntalnad byClty Stag City of Eagan Z, 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. S 9~~ I 1 ° ~ m m Ps~) v~i ,c2-act Kul I rM0 „e W 9„L VN lM C ~ ~ a , rrr ZNaxaoiaeaQ uaa t m ~ , ~,w.a. taaas snroauaxoa sM.Una I 1 w` +aiw wn ww t°,:.«,' i L r7]Na rt ZM?fada q F I xQy aio, °n H U ~h k di! IZca I~~-. a•'1' I I I I~ . I Ili i I~ I I 1 . i ,-tL . 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II ~ 1I II 1I~ p e z Ill d If n j 0. - II ~ II n ! x~ j I = I(I d i~ u r- III It ~::'I ~ ~ II ~ I~ tpt It : I 111 I i 1 n It „ ~ _ III it I ~ I N ' x ~ i'•~ Iii ii i ! i a ~J IIi Iji It Illlf ICI N It I 1 11 I Iii II Ijl N I III II I n r-j; I I I g o: i III II ~I II N. ti. 1 1 j l p o= f ~~t I I I d I n i r ~ I I I u III It •1 -J PRELIMINARY SUBDIVISION SUBMITTAL Preliminary Subdivision Plan: 1. Proposed subdivision name is Evergreen Enclave, vicinity map see attached map for details. Owner: Joseph & Yvonne Krisnik 4195 Lexington Way South Eagan, MN 55123 (651) 454-6418 Developer: Rich Ragatz EPIC Development, LLC 3441 St. Paul Avenue Minneapolis, NIN 55416 (612) 730-2814 Surveyor/ Engineer: Randy Hedlund Hedlund Engineering 2005 Pin Oak Drive Eagan, MN 55122 (952) 203-6610 Contact Person: Rich Ragatz Epic Development, LLC 3441 St. Paul Avenue Minneapolis, MN 55416 (612) 730-2814 Preparation Date: March 17, 2004 This is a preliminary subdivision application for Evergreen Enclave. The layout is comprised of 12 single-family residential lots (one lot will have the existing house). The only variances that I am asking for are the front yard setback of 20 feet (in order to save as many mature trees as possible) and the side yard setback (house side), for the existing house. One foot of the house will be in the future deeded right-of-way for Diflley Road and 10 feet of the house will be in the setback area. All of the lots meet the frontage width minimum of 85 feet and the minimum lot size of 12,000 square feet. As part of this development, I will be donating 1.20 acres to the City for additional parkland. In addition, a conservation easement will be placed over the ravine area behind the homes in order to preserve the significant trees. I have tried to be sensitive to the significant trees and topography by single loading the roads, using retaining walls to push the roads away from the ravine and trees, and using the ravine as a natural drainage area. C: krisnikprelimsubdiveagan. v 1 / 2. See plan for benchmark, proposed subdivision boundary line is the entire site; see plan for lot boundaries, and 12 low density single family lots are proposed. See preliminary subdivision plan for details. 3. The site is comprised of one tax parcel. See site survey for dimensions. The site will consist of two private roads that cul-de-sac with 6 lots along each road. The roads are private and single loaded in order to preserve as many trees as possible. 4. Black Cherry Court is the proposed name of the southerly private road and White Oak Way is the northerly private road. Both are proposed to be 22 feet face to face with 60-foot cul-de-sacs. 5. The site has the typical water, sewer, and electrical easements along Diffley and Lexington Way South. In addition, Dakota County is going to take 70 feet from the centerline as right-of-way. 6. Even though I am dedicating land for a City park, I plan on making a cash payment anyways. The City prefers this, and I can get a tax right off from the federal government. 7. The minimum building setback lines will be: 20 foot front yard, 10 foot side yard (house side), 5 foot side yard (garage side), and 15 foot rear yard. The width at minimum front yard setback will be 85 feet. The front yard setback is less than the typical 30-foot setback, however, I am doing this to save as many of the mature trees as possible. 8. Subdivision summary: Lot 1 16,784 square feet Lot 2 16,463 square feet Lot 3 17,706 square feet Lot 4 18,950 square feet Lot 5 12,354 square feet Lot 6 20,971 square feet Lot 7 27,342 square feet Lot 8 21,132 square feet Lot 9 16,174 square feet Lot 10 15,457 square feet Lot 11 14,422 square feet Lot 12 13,800 square feet (existing house) Average: 17,630 square feet High: 27,342 square feet Low: 12,354 square feet 9. Right-of-Way area will be 50 feet along Lexington Way South and 70 feet along Diffley Road. The ponding area will the natural ravine with a bermed portion with a pond outlet skimmer for rate control. See Drainage Plan for details. The parkland area will be along the western portion of the site. C : kri snikprelimsubdiveagan.v 1 Existing Conditions Plan: 1. The subject site does not currently have any streets, however, access is available off of Lexington Way South (two curb cuts). 2. The site is encumbered with the typical public easements such as: water, sewer, and electrical. 3. The site is currently a single-family home on a heavily wooded. The existing home will remain. 4. The site is heavily wooded. See Existing Conditions Plan and legend for details. 5. The site does not have any water bodies or wetlands within close proximity. Preliminary Site Layout: 1. Boundary lines of property with dimensions and area are on the Preliminary Site Layout. 2. Minimum building setbacks are all per the code, except for the front yard setback is 20 feet that has been reduced to save more mature trees. See Preliminary Site Layout for details. 3. The site is a proposed low density single-family development comprised of 12 high quality single-family homes with finished square footages of 2,500 square feet or more. 4. There are no on-site streets. Lexington Way South is adjacent to the east and is 100 feet wide including the right of way. Diffley Road is adjacent to the south and is 140 feet wide including the right of way. 5. The only easements on-site are the typical water, sewer, and electrical easements that are along Diffley Road and Lexington Way South in the right- of-way. 6. Parking areas will consist of on-street parking and the driveways of the single- family homes. 7. The total site area is comprised of 331,716 square feet or 7.62 acres. 8. See plan for the total green space area. 9. Impervious surface is 81,491 square feet or 24.54 % of the site. See plan for the total impervious surface area. 10. The site currently has a trail along the south side of the site along Diffley Road. No other trails or sidewalks are planned. 11. The site will not have any monument signage. 12. The site will have the typical exterior lighting. 13. The site will have three retaining walls so that more mature trees are saved. See Grading Plan for details. 14. Garbage and recyclable containers will be kept in the single-family garages. 15. Exterior air-conditioning units will be around mounted along the sides of the homes. C: krisnikprelimsubdiveagan. v 1 A2 4~ A Preliminary Grading/Drainage/Erosion Control Plans 1. See Plan for detailed existing and proposed contour lines. 2. See Plan for details. All units will be walkouts. 3. The site does not contain any ponds, wetlands, lakes, streams, or marshes. 4. See Plan for details. 5. See Plan for details. 6. See Tree Preservation Plan for details. 7. There are no Delineated wetlands on-site. 8. See Plan for details. Preliminary Utility & Street Plan 1. There will be two private roads on the subject property that will end in cul-de- sacs. The southerly road is proposed to be called Black Cherry Court and the northerly is proposed to be called White Oak Way with roads that are 22 feet face-to-face and 60-foot cul-de-sacs. 2. See plan for existing utilities. 3. See plan for the proposed utilities. Park Dedication: 1. Even though dedicating parkland is not a requirement, I plan on dedicating 1.2 acres to the City for parkland and pay the park dedication fees, in addition. The City would like this and I also can get a tax benefit- Tree Preservation Plan: 1. The site contains 570 mature trees and this development will result in the loss of 249 trees for a total percentage lost of 43.7%. 2_ Any potential mitigation will be replaced on site. 3. See Tree Preservation Plan for details. Water Quality Requirements: 1. See handout for details. Wetlands Inventory/Replacement Plan: 1. There are no jurisdictional wetlands on the site (see letter for details) C:krisnikpre1imsubdiveagan.v1 /12-11 WRITTEN NARRATIVE BACKGROUND Comprehensive Guide Plan designation: The existing and proposed comprehensive zoning is LD-Low Density (0-4 units/acre). Zoning classification: The existing zoning classification is A-Agriculture and the proposed zoning is the same has the Comprehensive Guide Plan that is LD-Low Density (0-4 unitsiacre). What I, the developer, want to do: Develop a 12 lot low density residential development that preserves as many trees as possible and uses the ravine to. create natural walk-out lots that highlight this beautiful area. I want to create an eye appealing development that fits in with the neighborhood. The timing of this development is planned for the spring of 2004 and the phasing is planned for one phase due to the relatively small size. Existing land uses on the subject property: The subject property is currently comprised of a single-family home on a large heavily wooded parcel. Surrounding land uses and zoning within 660 feet: Adjacent to the east of the subject property is Lexington Way South with retail related uses across the street; adjacent to the south is an existing paved sidewalk/trail and Dift7ey Road; adjacent to the west is a 20 acre parcel that will be a City park soon; adjacent to the north is existing single-family homes on larger lots. Written Narrative Addressing the following questions: What impact does the rezoning have on surrounding property and land uses? It fits in well because I am being sensitive to the trees, topography and not trying to maximize the density. What impact does the rezoning have on the subject property? It allows the subject to be developed to its highest and best use. What impact does the rezoning have on City services, such as sewer, water, stormwater run-off and roads? Minimal impact. Does the requested land use proposed by the rezoning result in a better use of the land? Explain. Yes it does! It is a sensitive development that the Seller, City, and Developer can be proud of when it is all finished. /a6 /3 . JOINT ADVISORY PLANNING COMMISSION/ADVISORY PARKS & RECREATION COMMISSION WORKSHOP MEETING NOTES JUNE 10, 2004 5:30 P.M. ATTENDANCE: APC Members Chair Heyl; Vice-Chair Bendt; Secretary Gladhill; Leaders, Hansen, Chavez, and Dugan; City Planner Ridley, Planner Sheila Cartney; Community Development Director Jon Hohenstein, City Engineer Russ Matthys, and Assistant City Engineer John Gorder. City Planner Ridley outlined the agenda and workshop cover memo prepared by Park Superintendent Olson and himself. He explained the purpose of the meeting and that City Engineer Russ Matthys and Assistant City Engineer John Gorder would discuss specific issues related to the Evergreen Enclave development proposal. Russ Matthys gave an overview of the items to be discussed and Assistant City Engineer Gorder reviewed his June 8, 2004 memo with the Commission. Specifically, Mr. Gorder explained issues relating to the sanitary sewer lift stations and the private sanitary sewer pump options proposed by the developer. Rain gardens and the operation and maintenance of same were discussed as well as a stone sewer option provided by the developer. Mr. Gorder went on to discuss the dead-end water main portion of the proposal, the unique characteristics of the ravine that bisects the site in an east to west fashion, and lastly discussion relative to the private street system proposed by the developer. Commissionmembers questioned and discussed the ability of the lift stations to be maintained privately by the homeowners' association. City Planner Ridley informed the group that the lift stations, because they serve multiple properties, must be located within a public easement and be publicly maintained. City Engineer Matthys clarified that the rain gardens as proposed are in lieu of storm sewer piping. Planning Commission Chair Heyl asked the developer to respond to the issues raised as part of a more stringent review of the proposed utilities for the development. Rich Ragatz, Epic Development, stated that alternate plans had been reviewed that would eliminate the dead-end water main, provide storm sewer pipe to carry runoff, etc., with the result being significant loss of trees on the site. Other members were concerned with the topography, soil, and the high potential of erosion of the ravine. Randy Hedlund, Engineer for the developer, agreed with the rain garden issues discussed by the City's Engineering Department and stated that given the soil conditions and topography, he considered the use of rain gardens -a dead issue. 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II i 11 . N C ; . II II I I it III o Q , .a.S II I~~e~~ III III It 1 1 ~ ~ di ~ss - I x- r r ~ I I o f II I Ij it 'I If II X11 II I !r / ~ II II i ' I III II I II II I I ~ r r / / ) Ir II j r r p I fill f 1/ / I I I I II i li II Enna I ~ / / / I ~I 11 II II I I ~ IIIp~j NII / / / / I III II III II I I N / / / / I it II III Il ~ / / / / I lol I II ~ I I- II - _ I I II III II L___________~ III I I ~i II i ~ I i Idl II i ~ I ~ q i~/ ~ 1 I IIIiI IIi I I I ~IiI I i I Ii it i Ifi i , Ill j I I / I I I II I If II L-----J s ~ ~ III II III I~ I o r I I II I I If I III II III II o I I I II III II I III j1 III II I III jl 1 I I~ I 1 J III II I ~ II II it I I I IiI rJ III II II I - - II I I MEMO IL City of Eagan TO: Mike Ridley, City Planner AIN FROM: Sheila Cartney, Planner DATE: June 29, 2004 SUBJECT: Evergreen Enclave 7 Lot Revised Proposal The following information contains staff s review of the revised proposal. The review will be broken into categories actions to be considered and conditions. BACKGROUND/HISTORY In March 2004, the applicant applied for a rezoning from Agriculture to R-1, Single Family residential and a Preliminary Subdivision of 7.62 acres to create 12 single family lots at property located at 4195 Lexington Way South, in the SE 1/4 of Section 22. The proposed subdivision required four variances. This item was before the APrC on April 19th the APrC recommended approval. A public hearing was held on April 27th and the APC recommended approval. At the May 18th City Council meeting this item was continued to the June 15th City Council meeting. The Council directed the applicant to meet with the APrC and the APC to discuss issues raised by staff. After the joint meeting the applicant made several changes to the proposal in anticipation of the June 15th City Council meeting. Staff was unable to fully review the changes. The City Council continued the item to the July 6th meeting in order to give staff time to do a full review. PROPOSAL The proposed plan decreases the number of lots from 12 to seven and an outlot. The lots range from 12,763 square feet to 33,700 square feet and the Outlot is 122,634 square feet (about 2.8 acres). The lot sizes meet the R-1 standards. Lots 2 and 3 do not have public street frontage and therefore require a variance. A private drive off of Lexington Way will serve Lots 1-3. The existing house will remain on Lot 7, and will require a variance to the setback from Diffley Road; the county has approved this request in the past. The property is guided Low Density Residential 0-4 units/acre the proposed density is 1.1 units/acre. TREE PRESERVATION A revised, more accurate, tree inventory has been submitted with this revised application and indicates there are eight-hundred thirty-seven (837) significant trees in the inventory. The revised development as proposed will result in the removal of fifty-eight (58) significant trees (6.9 % of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single-phase, single-unit residential) is set at 40% of the total significant trees; therefore, tree mitigation is not required. 132 UTILITIES The preliminary utility plan is acceptable with modifications. Sanitary Sewer Lift Stations - This proposal provides for gravity sanitary sewer service from existing sanitary sewer within Lexington Way to all lots, in accordance with City engineering standards, and does not require the installation of lift stations. Previous concerns regarding the efficiency and long-term maintenance of lift stations are eliminated. Rain Gardens - This proposal does not incorporate rain gardens for water quality or storm water runoff control purposes. This reflects the City advisory commissions' recommendation that this site is not suitable for rain gardens installations. Storm water runoff Storm water runoff from the development will increase runoff by about 2% with a rain event to the ravine within the site. Dead End Water Main - This proposal shows the extension of one dead end public water main, along the private street. To eliminate the previously stated hydrant flushing concerns associated with the pubic water main and the ravine, the houses along the private street should be served by individual private water services extending from Lexington Way. Ravine - This proposal reduces, but does not entirely eliminate, development impact to the ravine. A portion of the top (east) end of the ravine will be impacted by grading for the houses on Lots 4 and 5. To reduce the temporary and permanent impact to the ravine, the developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is also subject to the City's codified land disturbance and erosion control regulations. STREETS The preliminary site plan is acceptable, if the variance for public street frontage is approved. Private Drives - This proposal provides for public street access directly from Lexington Way for four out of the seven lots. The private street along the north edge of the development will serve the remaining three lots, and, as shown, meets minimum City code requirements for private streets. While the concern with previous proposals regarding the long-term maintenance of private streets by homeowners' associations is not entirely eliminated, it is reduced with the private street shortened to approximately 250 feet. If approved, the private street should be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. WATER QUALITY/WETLANDS This proposed 7.6-acre single-family subdivision is located in the City's J-watershed. Stormwater generated by the development will drain to the west toward Patrick Eagan Park. Because of the size and location of the parcel, this project is subject to City water quality requirements. 1314wl If the site was able to accommodate it, a stormwater treatment pond with a minimum volume of 0.3 acre-feet covering a minimum area of 0.2 acres would be required. However, there is a very steep ravine that transits the parcel from east to west and the overall gradient of the landscape slopes toward the west. Therefore, the most likely result of treatment pond construction would be significant landscape impacts and removal of trees. Because on-site stormwater treatment is not practical here, the City could require a cash dedication in lieu of stormwater treatment ponding. There are no jurisdictional wetlands associated with development of this site. SUMMARY At the May 18, 2004 City Council meeting the Council directed the applicant to meet with the APrC and the APC for a joint meeting to discuss rain gardens, lift stations, individual sanitary sewer pumps, soil conditions, steep slopes and site impacts. After the joint meeting the applicant decided to revise the plans based on Commission and staff comments. A new plan was submitted and reviewed. The revised plan reduces the lots from 12 to 7 and increases the size of the Outlot. The R-1 standards are met with exception to Lots 2 and 3 not having public street frontage. Two variances are requested with the revised proposal compared to four with the original. Tree mitigation is not necessary. There are no lift stations or rain gardens proposed with the revised plan. A private drive is proposed and staff still has concerns with the long term maintenance of the drive. Overall the revised plan is closer to meeting the intent of the City Code. ACTIONS TO BE CONSIDERED To recommend approval of a Rezoning of 7.62 acres from Agriculture to R-1, Single Family residential for property located at 4195 Lexington Way South. To recommend approval of a Preliminary Subdivision (Evergreen Enclave) to create 7 single family lots and an Outlot on property located at 4195 Lexington Way South. If approved, the following conditions should apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, B1, 2, 3, CI, 2, Dland E1 1. The property shall be platted. 2. The Development shall be responsible for a cash trails and park dedication 3. Outlot A shall be dedicated to the City in a form acceptable to the City Attorney. 4. The lots along the private street shall be served by individual private water services extending from Lexington Way. 5. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 135- 6. If approved, the private street shall be constructed with a vehicle turnaround in accordance with City engineering and fire department standards. 7. 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. 8. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 9. A cash dedication in lieu of ponding shall be required. To recommend Approval of a Variance to the front setback on Diffley Road of 0 feet for the existing home on Lot 7, Block 1, Evergreen Enclave, if approved the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The variance shall only apply to the existing building on Lot 7, Block 1, Evergreen Enclave. To recommend Approval of a Variance to allow lots 2 and 3, without public street frontage, if approved the following conditions apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The variance only applies to Lots 2 and 3, Block 1, Evergreen Enclave. 138 May 28, 2004 To: Advisory Planning Committee Attention: Carla Heil, Chairperson 1306 Kolstad Lane Eagan, MN 55123 From: Floyd & Margaret Rodmyre 4145 Lexington Way Eagan, MN 55123-1513 Copy to: Marilyn, Planning Department, Eagan Pat Geagan, Mayor, Eagan Jane Rodmyre Payfer Mike Swirnoff We attended the Evergreen Enclave review at the Eagan City Council meeting of May 18th. This review caused the Mayor to return several variances to the Planning Committee. They are to have a "workshop" joint meeting with Parks on June 10th, and then resubmit the variances for Council approval. We made our plea for a sound barrier fence. One councilperson questioned why the two parties (Developer/Rodmyres) don't split the cost. Another councilperson said the two parties should work it out, and come to an agreement without the Council getting involved. Then, I think, The Mayor said the Rodmyre request should go back to the Planning Division. If I heard any of those statements incorrectly, I apologize. Neither we nor our daughter, Jane Rodmyre Payfer, 4141 Lexington Way can attend the June 10th meeting, so I must address this letter to you, asking that you circulate it to your committee members for final recommendation to the Council. Why do we insist on a sound barrier fence? Trees, bushes and the tall grasses around the ravine are good sound absorbers. There will be many trees (some sof them large) that will be removed. Much of the tall grasses and bushes will be excavated in preparation for the building and concrete and asphalt put down. Buildings, concrete and asphalt do not absorb sound. It is only deflected by those materials. In addition to that there will be 1,3/ RECEIVED I°1AY 2 00 2004 automobile traffic going back and forth just a short distance from our bedroom. Our request for a sound barrier is because of the proximity of the Evergreen Enclave project. Those that cause the increased sound/noise levels should pay for the sound barrier fence. We, and our daughter will gladly work with the Developer regarding materials, length, etc. Thank you for your attention. Floyd J. Rodmyre Margaret E. Rodmyre (3r Agenda Information Memo July 6, 2004 Eagan City Council Meeting Old Business C. INTERIM ORDINANCE TO ESTABLISH A DEVELOPMENT MORATORIUM PERTAINING TO COMPREHENSIVE GUIDE PLAN SPECIAL AREA #1 LOCATED BETWEEN I-494, TH 149, LONE OAK ROAD AND THE INVER GROVE HEIGHTS BOUNDARY TO COMPLETE STUDIES PERTAINING TO THE FUTURE DEVELOPMENT OF THE AREA ACTION TO BE CONSIDERED: To approve or deny: • A list of issues to be studied during the course of a development moratorium for property in the northeast area of the City of Eagan. And • Specific Terms and Restrictions (Duration), Terms and Restrictions (Application of Restrictions to Building Permits) and Additional Terms (Potential Removal of Properties) from alternatives listed in the draft ordinance. And • An ordinance amending the City Code Chapter 12 entitled comprehensive Guide Plan and Land Use Regulations - Interim Use Study by adding Section 12.05 entitled "Interim Use: Study of Northeast Eagan"; and by adopting by reference Eagan City Code Chapter 1 end Section 11.99. REQUIRED VOTE FOR APPROVAL: • Majority of Councilmembers present. FACTS: • Facts pertaining to development proposals for the Laukka Beck and Loan Oak Properties and their relationship to the City's Comprehensive Plan and existing zoning were outlined in the May 18, 2004 and June 15, 2004 Council packet materials. Those applications proposed to change the land use and zoning in a portion of the northeast area of Eagan to permit the development of residential land uses in an area of the City guided and zoned for Office Service uses. The applications raised a number of issues related to the planning designations, policies and assumptions for that area. 13 9 Agenda Information Memo July 6, 2004 Eagan City Council Meeting Old Business FACTS (Continued) • At the City Council meeting of May 18, 2004, the Laukka Beck and Loan Oak Properties applicants withdrew their application for Comprehensive Guide Plan Amendments and requested instead that the City Council consider a Planned Development Concept and a legal opinion by the applicants' attorney suggesting that a Comprehensive Guide Plan Amendment would not be necessary to process their development proposals. • In response, the City Council directed the City Attorney to prepare an opinion addressing the issues raised in the applicant's attorney's presentation to help define the Council's prerogatives and the actions that would need to be considered to process the applicants' proposals. • The City Attorney's opinion was reviewed by the City Council at its meeting of June 15, 2004. Upon review of the opinion, the City Council determined that a development plan that might include residential uses would be in conflict with the City's current Comprehensive Guide Plan and that an amendment of that plan would be necessary to consider such a development proposal. • In order to more fully consider issues and factors that would help determine whether such a modification would be appropriate or not, the Council directed preparation of an interim ordinance to establish a development moratorium for Comprehensive Plan Special Area 1 for purposes of performing a study to assist the Council in making decisions related to the long term planning of that portion of the City. The Council indicated that the term of the moratorium and the specific issues to be studied during the moratorium would be determined at the time the interim ordinance would be considered for adoption. • Because the proposed moratorium would affect a number of properties in the northeast Eagan area, the City has distributed a notice to area property owners regarding the potential action. Where possible, those notices were faxed to a specific party. Where it was not possible, the notices were mailed to the owner of record. ISSUES: • Issues pertaining to development proposals for the Laukka Beck and Loan Oak Properties and their relationship to the City's Comprehensive Plan and existing zoning were outlined in the May 18, 2004 and June 15, 2004 Council packet materials. LIV Agenda Information Memo July 6, 2004 Eagan City Council Meeting Old Business ISSUES (Continued): • Several specific issues should be addressed in order to define the final form of the ordinance: • Study Topics - The Council indicated that it would define the items to be the subjects of the study at the time of the consideration of the ordinance. Potential issues may include, but are not limited to: • Analysis of the Relationship of Development Alternatives with Existing Development in Special Area #1 • Status and Adequacy of the Commercial Land Supply • Relationship Between Changes in Airport Operations and Aircraft Noise Technology to the City's General Land Use Policies • Fiscal Impact Analysis of Revenues and Costs Associated with Development Alternatives for City, County and School District Services • Impact of Major New Residential Areas on the City's Park Improvement, Maintenance and Programming Capacity • Relationship Between the City's Economic Development Policies and Potential Changes in the Supply of Commercial Land • Analysis of Expansion and Development Plans of Major Businesses in the Northeast Area and the Effect on the Availability and Need for Commercial Land - Ecolab Development Plans, Effects of the Airline Industry on NWA Plans, Thomson-West Expansions, Grand Oaks Build Out, Continued Redevelopment of the Hwy 55 Corridor, etc. • Extent to Which Mixed Use Alternatives Could Address Other City Priorities - Indoor Recreational Uses, Cultural Activity Areas, etc. • Study of the Installation of an Interchange at 494/Deleware/Argenta Trail - Such a study may need to entail a larger area traffic study to define how development alternatives may affect/complement the proposed roadway improvements identified under the Grand Oak AUAR at Hwy 149 & 494, including the potential need for a north-south connector street between this potential interchange and Lone Oak Rd. (Co. Rd. 26). • Ecological Impacts of Development Alternatives including tree preservation, water quality impacts, etc. • Impact of Development Alternatives on Demand for Public Safety Services • Duration of the Study/Moratorium - Based on the number and scope of the items identified to be studied, the Council should determine whether the initial moratorium term should cover three months, six months, nine months or twelve months as illustrated in the ordinance draft. Agenda Information Memo July 6, 2004 Eagan City Council Meeting Old Business ISSUES (Continued): • Application of Restrictions to Building Permits - In the past, most of the City of Eagan's moratoriums have restricted all construction and development activity within the study area. Typically, that has been because the City was studying potential modifications of land use for currently developed properties (Southeast Eagan and Cedar Grove). In this case, the moratorium has been suggested to consider possible alternatives for undeveloped properties, but there has not been a suggestion that properties currently approved for development should not be permitted to make improvements to the property. In the ordinance draft, Alternate 1 under Paragraph C would prohibit the issuance of building permits for any purpose. Alternate 2 would permit the issuance of building permits for repairs, tenant improvements consistent with the existing business park or expansion of business park uses. • Potential Removal of Properties - As with building permits, most of the City's moratoriums have precluded all new development applications. Again, because no suggestion has been made that the implementation of the current business park land uses would be inappropriate, the Council may wish to consider a mechanism to permit development proposals it finds to be consistent with the current Comprehensive Plan and zoning to be considered. In the draft ordinance, Alternate 1 under Paragraph D would apply the moratorium to the entire study area until its termination. Alternate 2 would permit a property owner to approach the City Council and request that their property be removed from the study area if the Council were to determine that the proposed development would conform to the Comprehensive Plan and zoning code and that it would not conflict with the purpose of the moratorium. 60-120 DAY AGENCY DEADLINE: The City Council has directed the preparation of an ordinance to study land use issues associated with the northeast area of the City and no agency deadline applies to such a decision. By way of context, the following outline reflects the status of the applications for the Laukka Beck and Loan Oak Development proposals. • Comprehensive Guide Plan Amendment application has been withdrawn. • City extended the 60 day deadline to 120 days or June 15, 2004. • Applicant has submitted a written waiver for any pending applications an additional 60 days to August 14, 2004. • Timeline for consideration of the initial proposal for a Planned Development Amendment has been tolled pending submission of a mandatory Environmental Assessment Worksheet. / L/0~1 Agenda Information Memo July 6, 2004 Eagan City Council Meeting Old Business BACKGROUND: • Background pertaining to development proposals for the Laukka Beck and Loan Oak Properties and their relationship to the City's Comprehensive Plan and existing zoning were outlined in the May 18, 2004 and June 15, 2004 Council packet materials. ATTACHMENTS: (2) LL11 • Draft ordinance enclosed on pages T 6 j • Northeast Eagan Study Area location map on page ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA AMENDING EAGAN CITY CODE CHAPTER TWELVE ENTITLED "COMPREHENSIVE GUIDE PLAN AND LAND USE REGULATIONS - INTERIM USE STUDY" BY ADDING SECTION 12.05 ENTITLED "INTERIM USE: NORTHEAST EAGAN STUDY"; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 12 is hereby amended by adding Section 12.05, to read as follows: Section 12.05. Interim Use: Study of Northeast Eagan A. Purpose. Since the early 1980's, property located within Section 1 of the City has included the development of major corporate campuses, particularly Northwest Airlines and Cray Research (now Ecolab). To accommodate and encourage these types of uses in the area, the City has adopted and amended its Comprehensive Guide Plan as Office/Service (O/S). To control the development within the area, the City has zoned the various properties for Industrial, Commercial, Retail and Office type uses. A request has been made by several property owners within Section 1 to amend the City's controls to allow housing as a component of development. The introduction of housing in the area may affect the City's goals and policies for this area of the City. Some policies which may be affected include road capacity, interstate interchanges, aviation (location of airport and noise), land supply for various uses, economic impacts, etc. In order to provide the Council with the information it believes it needs to properly evaluate the current land use designation and official controls, as well as to acquire information as to whether and to what extent housing impacts the health, welfare and safety of the area, the Council has authorized the performance of a study. The study of the area will be conducted under the direction of the Community Development Department. The scope of the study shall be determined by the Council at its discretion and may be amended as it deems necessary. The Council has authorized the preparation of this ordinance in order to protect the study and the planning process. B. Property. All property located northerly of Lone Oak Road and easterly of TH 149 (Dodd Road) within the City of Eagan are affected by this interim ordinance (the "Property"). A/ C. Term and Restrictions. Commencing on the effective date of this interim ordinance and ending on September 30, 2004 / December 30, 2004 / March 30, 2005 / June 30, 2005 (select one), or such sooner time as the City Council may determine, the Property shall be subject to the following: Alternate 1: i. No building permits shall be issued for the construction, reconstruction, alteration, or expansion of any structure. Alternate 2: i. No building permits shall be issued for the construction, reconstruction, alteration, or expansion of any structure except for (i) necessary repairs of existing structures; (ii) tenant improvements made to existing structures for commercial, industrial or business park use; or (iii) expansion of a structure for commercial, industrial or business park use. ii. No proposal for rezoning (which includes planned development amendments and planned development concepts) or comprehensive plan amendment shall be recommended for approval or approved by the planning commission or the city council. iii. No conditional use permit or variance shall be recommended for approval or be approved by the planning commission or the city council. iv. No portion of the Property shall be replatted or subdivided, except for the purpose of consolidation of parcels of land into single ownership. D. Additional Terms. Alternate 1: The termination date of this ordinance may be extended for such additional periods as the City Council may deem appropriate not exceeding a total additional period of 18 months. Alternate 2: The termination date of this ordinance may be extended for such additional periods as the City Council may deem appropriate not exceeding a total additional period of 18 months. Upon the request of a property owner, the City Council may terminate the ordinance for a portion of the Property and permit actions outlined in Section 12.05(C), if the Council finds that the action proposed by the property owner for such property conforms to the current Comprehensive Plan and zoning code and does not conflict with the Purpose of the Moratorium. /4~ Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including `Penalty for Violation"' and Section 11.99 entitled "Violation of a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: By: Maria Petersen Pat Geagan Its: Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Eagan Boundary Street Centerline Location a Parcel Area Building Footprint i en ota eights Sun h Lak Tj "2 _l I If \ \ O IN orth Ea an Study a ' r i~ o ) ~ i _ a 7 5 L 1000 0 1000 2000 Feet Northeast E Study Area Mac Map Prepared using E ew 3.1. Parcel base map data provided N by Dakota County Office of 018 and is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Development Department not responsible for anon or omissions. Agenda Information Memo July 6, 2004 Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT - CEMSTONE PRODUCTS COMPANY ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for a 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard). REQUIRED VOTE FOR APPROVAL • Majority of Quorum FACTS: • Cemstone Products Company is a large, ready mix concrete supply company that operates one of its primary warehouse facilities out of the subject site. • The applicant is proposing to place a 10,000 gallon bulk form release oil tank in the paved area at the rear of the property. The proposed location of the tank meets the setback requirements set by Fire Code and appears generally compatible with surrounding uses. • The oil is used as a release agent in the setting process for form poured concrete and is considered relatively safe by the Eagan Fire Marshal for above ground storage. • The Advisory Planning Commission held a public hearing on June22, 2004 and is recommending approval, subject to the conditions in the meeting minutes. ISSUES: • A June 14, 2004 inspection of the property revealed extensive outdoor storage of various materials at the rear of the building. This storage activity is occurring without the benefit of a Conditional Use Permit. The applicant has stated that they intend to apply for a Conditional Use Permit for outdoor storage at a later date but would bring the property into compliance before a building permit is issued for the tank installation. 60 DAY AGENCY ACTION DEADLINE • July 11, 2004 ATTACHMENTS (2): Advisory Planning Commission Minutes (draft) page(s)~4'50 Planning staff report, pages1vto LLv f~ MINUTES OF A REGULAR MEETING OF THE DRAFT EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA June 22, 2004 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 22, 2004 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Hansen, Bendt, Gladhill, Leeder, Matthees, Dugan, and Chavez. Also present were, City Planner Mike Ridley, Planner Sheila Cartney, Planner Pam Dudziak, City Attorney Sharon Hills, Assistant City Engineer John Gorder, and Recording Secretary Camille Yungerberg. III. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT - CEMSTONE PRODUCTS COMPANY A Conditional Use Permit to allow an above ground 10,000 gallon bulk form release oil tank on Lot 17, Block 4, Eagandale Center Industrial Park, located at 2955 Eagandale Boulevard in the SW % of Section 3. City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated June 4, 2004. He 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 back to the Commission. Member Bendt asked what color the tank will be painted. Patrick Kinsel, Cemstone Products Company stated the tank will be painted white. Chair Heyl stated City Staff will ensure that the property will be cleaned up and the landscaping plan completed. She concluded by saying she felt the proposal fits the area well. Member Leeder moved, Member Bendt seconded a motion to recommend approval of a Conditional Use Permit to allow an above ground 10,000 gallon bulk form release oil tank on Lot 17, Block 4, Eagandale Center Industrial Park, located at 2955 Eagandale Boulevard in the SW % of Section 3 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. All existing outdoor storage shall be removed from the site and the site shall remain in compliance with City Code requirements. 3. The above ground tank shall be placed at the specified location on the site plan dated June 3, 2004 and shall adhere to requirements of the Minnesota Uniform Fire Code 2000 edition. T / DRAFT 4. A Landscape Plan shall be submitted to and approved by City staff before issuance of a building permit showing evergreen plant material of at least 6 feet in height along the west (rear) property line to screen tank from adjacent properties. 5. Installation of the tank shall follow requirements of the Minnesota Uniform Fire Code 2000 edition. 6. The tank shall have protective bollards surrounding its location as approved by the Eagan Fire Marshal, and the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of oil. All voted in favor. Motion carried 7-0. /5-0 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 4, 2004 CASE: 03-CU-07-05-04 APPLICANT: Cemstone Products Co. HEARING DATE: June 22, 2004 PROPERTY OWNER: Eagandale Place, LLC APPLICATION DATE: May 12, 2004 REQUEST: Above Ground Tank Storage PREPARED BY: Erik Slettedahl LOCATION: 2955 Eagandale Blvd. Lot 17, Block 4, Eagandale Center Industrial Park COMPREHENSIVE PLAN: IND-Limited Industrial ZONING: I-1-Limited Industrial SUMMARY OF REOUEST The applicant is requesting approval of a Conditional Use Permit to allow above ground storage of a 10,000 gallon oil tank for Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard) in the SW '/a of Section 3. 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. 1.5/ Planning Report-Cemstone CUP June 22, 2004 Page 2 of 5 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 41), 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. CITY CODE REOUIREMENTS City Code Section 11.60, Subd.14, C., 6., states that fuel storage tanks, located above ground, are subject to the outdoor storage regulations in this chapter. City Code Section 11.70, Subd. 22, C. requires the following performance standards for outdoor storage, in addition to those standards in connection with a conditional use permit: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building, b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. C. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. /I Planning Report-Cemstone CUP June 22, 2004 Page 3 of 5 d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY The existing 1-story, 43,000 square foot warehouse facility on the subject site was constructed in 1998. EXISTING CONDITIONS Cemstone Products Company is a large, ready mix concrete supply company that operates one of its primary warehouse facilities out of the subject site. The existing facility is also occupied by Master Builders, a concrete chemical wholesaler. Required parking is provided on front and north side of the building. All parking areas and rear of building are paved with a bituminous surface. Recent inspection of the property revealed extensive outdoor storage of various materials at the rear of the building. This storage activity is currently in violation of City Code as there appears to be no valid Conditional Use Permit allowing outdoor storage for this property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: North - 1- 1, IND - American Red Cross office/research facility South - RD, BP - National Computer Systems office building East - 1- 1, IND - Chicago Tube and Iron warehouse West - RD, BP - Mostly large undeveloped land associated with the National Computer facility and a warehouse/storage facility to the northwest. EVALUATION OF REQUEST The applicant is proposing to place a 10,000 gallon bulk form release oil tank at the southwest corner of the property. The tank measures 27 feet in length and 8 feet in diameter. The oil is used as a release agent in the setting process for form poured concrete and is categorized as a Class 3B combustible material by fire code. The material is considered relatively safe by the Eagan Fire Marshal for above ground storage. The oil is dispensed from the subject site into service trucks and then routed to various job sites within the region. Planning Report-Cemstone CUP June 22, 2004 Page 4 of 5 The existing outdoor storage activity is occurring in violation of City Code. The applicant has stated that the materials will be removed prior to issuance of a building permit for the proposed tank and should be made a condition of approval. If the applicant desires outdoor storage on this site, he may address it at a later date under a separate conditional use application. Compatibility with Surrounding Area - The site is located within a limited industrial district where above ground tank storage is generally compatible with surrounding uses. The National Computer facility has an underutilized portion of their property directly west of the subject site, closest to the proposed tank location. Site Plan - The proposed location of the tank is shown at the rear of the building on the existing bituminous surface (see attached site plan). The setback of the tank is proposed at 20 feet from the west and south property lines. The proposed location and setbacks meet the 20-foot clearance requirements of the fire code. The site appears to be adequately parked with the existing front and north side parking areas. City Code requires outdoor storage materials to be enclosed; however, fire code requires tanks of this kind to be open on at least two sides for fire fighting purposes. The proposed location of the tank will have minimal visual impact on existing, surrounding uses. However, potential expansion on the undeveloped property to the west may be impacted visually by the tank and should be planned for at this time. Therefore, effective screening in the southwest corner of the subject site should be a condition of approval. Mature landscaping on the NCS property to the south will naturally screen the proposed tank from the existing building. However, the applicant should enhance screening from the west to protect potential future expansion of the NCS site. Landscaping - The proposed tank will not = w s~ impact any existing landscaping, however, the tank should be screened to the west with non-deciduous landscape material. The applicant shall submit a landscape plan for staff approval before a building permit i. is issued. 5 's Access/Internal Circulation - The proposed tank location does not appear to effect traffic circulation at the rear of the building. However, protective bollards are required by Fire Code around the tank to avoid accidental contact with trucks filling from tank and moving to and from dock doors. Rear of Cemstone building and view from neighboring NCS parking lot /5Y Planning Report-Cemstone CUP June 22, 2004 Page 5 of 5 SUMMARY/CONCLUSION The applicant is proposing to locate a 10,000 gallon oil tank in the rear, paved area of the building. The proposed location of the tank meets the 20-foot property line setback set by Fire Code and generally considered compatible with surrounding uses. Installation of the tank will be required to follow Minnesota Uniform Fire Code 2000 edition and will be reviewed by the Eagan Fire Marshal at the time of building permit application. All existing outdoor storage should be removed prior to issuance of a building permit. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for a 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard). If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. All existing outdoor storage shall be removed from the site and the site shall remain in compliance with City Code requirements. 3. The above ground tank shall be placed at the specified location on the site plan dated June 3, 2004 and shall adhere to requirements of the Minnesota Uniform Fire Code 2000 edition. 4. A Landscape Plan shall be submitted to and approved by City staff before issuance of a building permit showing evergreen plant material of at least 6 feet in height along the west (rear) property line to screen tank from adjacent properties. 5. Installation of the tank shall follow requirements of the Minnesota Uniform Fire Code 2000 edition. 6. The tank shall have protective bollards surrounding its location as approved by the Eagan Fire Marshal and, the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of oil. /5-s- Planning Report-Cemstone CUP June 22, 2004 Page 5 of 5 SUMMARY/CONCLUSION The applicant is proposing to locate a 10,000 gallon oil tank in the rear, paved area of the building. The proposed location of the tank meets the 20-foot property line setback set by Fire Code and generally considered compatible with surrounding uses. Installation of the tank will be required to follow Minnesota Uniform Fire Code 2000 edition and will be reviewed by the Eagan Fire Marshal at the time of building permit application. All existing outdoor storage should be removed prior to issuance of a building permit. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for a 10,000 gallon above ground tank on Lot 17, Block 4, Eagandale Center Industrial Park (2955 Eagandale Boulevard). If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. All existing outdoor storage shall be removed from the site and the site shall remain in compliance with City Code requirements. 3. The above ground tank shall be placed at the specified location on the site plan dated June 3, 2004 and shall adhere to requirements of the Minnesota Uniform Fire Code 2000 edition. 4. A Landscape Plan shall be submitted to and approved by City staff before issuance of a building permit showing evergreen plant material of at least 6 feet in height along the west (rear) property line to screen tank from adjacent properties. 5. Installation of the tank shall follow requirements of the Minnesota Uniform Fire Code 2000 edition. 6. The tank shall have protective bollards surrounding its location as approved by the Eagan Fire Marshal and, the Eagan Fire Marshal shall approve a method for dispensing and securing the tank from improper or unauthorized dispersion of oil. FINANCIAL OBLIGATION-03-CU-07-05-04, Lot 17, Block 4, Eagandale Center Industrial Park Cemstone Products Company There are pay-off balances of special assessments totaling $3,254 on the parcel proposed for the conditional use. At this time, there are no pending assessments on the property for which the conditional use permit 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 None Total Eagan Boundary Location Map \ f Street Centerline o Parcel Area Building Footprint Subject Site % - i { ® _ ! , ®a~ a~ an Ism ® 9 ® B t s~F- it m ~ I cb ® ® - J o C ® e ® A 1 T- a.. J -ET t -J . 4 .awe r 9 r F30 01111 i ; loon 0 1000 2000 Feet Development/Developer. Cemstone Products Company Application-, Conditional Use P W Case No.: 03-CU-07-05-04 ()~o Map Prepared using ERSI Arc feel base map data provided N by Dakota County Office of GIS and is current as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city ot: eag~n The City of Eagan and Dakota County do not guarantee the accuracy of this information and are s temmunity IOewlepmeM Depsrbnant not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Cemstone CUP Land Use Map Case No. 03-CU-07-05-04 Zoning Map i R R-, M1 ' R•, RD Current Zoning: R- 1-1 R- Limted Industrial RD NB A A R-4 * PD PD ~ PD / 600 O 600 1200 F.. Comprehensive Guide Plan Land Use Map BP IND D IND d Current Land Use Designation: BP IND IND IND Limited Industrial LM D BP LLJ RC LD • GC * ~ t RC 600 0 600 ,200 FeK .n Paresl bane map P-Aded SY CeaMy Lard Survey Depart6and Jun. 2003. N z um YnaiMaln.d by City Staff. City of Eagan ~ W E Community Development Department / THIS MAP IS INTENDED FOR REFERENCE USE ONLY 5 The City of Eagan and Dakota County do not guarantee the accuracy of this information. Ub/U3/U4 1ISu lvsou rn.n "A.0000" C1 •.v•+-+•_-+-+~ O W O IC W Q O I N \ A C~ O % 0 > < I 1,1 N \ W o l \ v/ L If I ~ Z r _ I~ n )-L:3 LZI 1 1 I \ ' I v. s 0 \ n n / c • p ~ i v Ono 21 W n _ I I I V N 7 ' W O ;J a Q F_::a z N W J N g Agenda Information Memo July 6, 2004, Eagan City Council Meeting B. REZONING AND PLANNED DEVELOPMENT AMENDMENT - BCBS ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Rezoning of Yankee Place (1750 Yankee Doodle Rd) from Limited Industrial to Planned Development. To approve (OR direct findings of fact for denial) a Planned Development Amendment to include Yankee Place in the River Park Planned Development for properties located at 3400- 3500 Yankee Drive and 1750-1800 Yankee Doodle Road; subject to the conditions listed in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority of Council Members Present FACTS: • RL Johnson developed Yankee Place as an office/warehouse design. Blue Cross Blue Shield has since acquired the property and is in the process of converting the buildings to 100% office space. • The request is to expand the Riverpark Planned Development to include Yankee Place and to rezone Yankee Place from Limited Industrial to Planned Development. • Since Blue Cross Blue Shield is the owner of both properties they would like to combine the sites as one Planned Development so parking and amenities can be utilized by the whole development. • The Advisory Planning Commission held a public hearing on June 22, 2004, and is recommending approval subject to the conditions in the APC minutes. 60 DAY AGENCY ACTION DEADLINE • August 6, 2004 a waiver has not been signed ATTACHMENTS (2): Advisory Planning Commission Minutes a e(s) Planning Staff Report pagesA 3through i 41- 611 City of Eagan Advisory Planning Commission Meeting Minutes June 22, 2004 Page 4 C. REZONING & PLANNED DEVELOPMENT AMENDMENT - BLUE CROSS BLUE SHIELD A Rezoning from 1-1, Limited Industrial to Planned Development and a Planned Development Amendment to modify the Riverpark Planned Development to include Yankee Place on Lot 1, Block 1, R. L. Johnson 2nd Addition, located at 3400 & 3500 Yankee Drive and 1750 & 1800 Yankee Doodle Road in the in the NE % of Section 17. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated June 14, 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 back to the Commission. Member Bendt moved, Member Leeder seconded a motion to recommend approval of a Rezoning of Yankee Place (1750 Yankee Doodle Rd) from Limited Industrial to Planned Development. All voted in favor. Motion carried 7-0. Member Hansen moved, Member Chavez seconded a motion to recommend approval of a Planned Development Amendment to include Yankee Place in the River Park Planned Development for properties located at 3400-3500 Yankee Drive and 1750-1800 Yankee Doodle Road subject to the following condition: 1. The Planned Development Amendment Agreement must be executed and recorded. All voted in favor'. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 14, 2004 CASE: 17-PA-16-05-04 APPLICANT: Fred Atkinson HEARING DATE: June 22, 2004 PROPERTY OWNER: Tim Peterson/BCBS APPLICATION DATE: June 7, 2004 REQUEST: Rezoning and Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 3500 Yankee Drive & 1750 Yankee Doodle Rd COMPREHENSIVE PLAN: Industrial & Office Service ZONING: Planned Development & Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Rezoning of Yankee Place from Limited Industrial to Planned Development and a Planned Development Amendment to include Yankee Place in the River Park Planned Development for properties located at 3400-3500 Yankee Drive and 1750- 1800 Yankee Doodle Road; in the SE '/4 of Section 8 and the Northern '/4 of Section 17. 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. Planned Development Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 11o3 Planning Report - BCBS PD Amendment June 22, 2004 Page 2 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. BACKGROUNDMISTORY Yankee Place is platted as part of the RL Johnson 2nd Addition. Riverpark is platted as part of Riverpark Office Center. Both sites are developed with office uses. The Riverpark is a Planned Development and Yankee Place is zoned Limited Industrial. Blue Cross Blue Shield owns both developments. RL Johnson developed Yankee Place as an office/warehouse. Blue Cross Blue Shield has since acquired the property and is in the process of converting the building to 100% office space. EXISTING CONDITIONS Both sites are developed with office buildings. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Office/warehouse/ I-1, Limited Industrial Industrial industrial South Office/warehouse/ I-1, Limited Industrial Industrial industrial East BCBS campus PD, Planned O/S, Office Service Development West State Park P, Park P, Park EVALUATION OF REQUEST The request is to expand the Riverpark Planned Development to include Yankee Place and to rezone Yankee Place from Limited Industrial to Planned Development. Combined Yankee Place and Riverpark consist of about 530,000 square feet of office space. Since Blue Cross Blue Shield is the owner of both properties they would like to modify the sites to be one Planned Development so parking and amenities can be utilized by the whole development. Ultimately the use will be straight office for all four buildings, at this time the uses are not proposed to change. 10611 Planning Report - BCBS PD Amendment June 22, 2004 Page 3 SUMMARY/CONCLUSION The request is to expand and amend the Riverpark Planned Development to include Yankee Place. The amendment is more of a housekeeping matter for Blue Cross Blue Shield. The proposal allows both sites to utilize parking and amenities as one Planned Development. Ultimately, the uses will be straight office for the entire Planned Development. ACTION TO BE CONSIDERED To recommend approval of a Rezoning of Yankee Place (1750 Yankee Doodle Rd) from Limited Industrial to Planned Development. To recommend approval of a Planned Development Amendment to include Yankee Place in the River Park Planned Development for properties located at 3400-3500 Yankee Drive and 1750-1800 Yankee Doodle Road. 1. The Planned Development Amendment Agreement must be executed and recorded. FINANCIAL OBLIGATION- Planned Development Amendment -River Park Office Center There are pay-off balances of special assessments totaling $7,643. on the parcels for which the amendment is requested. At this time, there are no pending assessments on the parcels for which the planned development amendment is requested. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following 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 Storm Sewer Trunk C/I $.1425/Sq. Ft. 457,380 Sq. Ft. $65,177 Total $65,177 IZ46 Planned Development Amendment/ Rezoning Submittal Checklist The properties being discussed are referred to as Riverpark and Yankee Place. Together these four buildings encompass approximately 530,000 square feet of office space. All four buildings are owned by Blue Cross Blue Shield of Minnesota (BCBSM). Current comprehensive guide plan designation for Riverpark is office/service use and industrial use for the two Yankee Place buildings known as 1750 Yankee Doodle Road and 3500 Yankee Drive. No proposed changes to the current comprehensive guide plan designation are being requested at this time. Current zoning classification for Riverpark is planned development and Yankee Place is zoned limited industrial. Proposed zoning for Yankee Place is to amend to the existing Riverpark PD. At this time BCBSM would like to amend the existing Riverpark PD agreement to include Yankee Place. BCBSM would like to accomplish this as soon as possible. Existing land uses on the subject properties include office/industrial for Yankee Place and office for the Riverpark Buildings. Future uses will be office for all four buildings. Surrounding land uses include the river valley to the west, Highway 13 and BCBSM corporate to the west, Citigroup Cargo to the south and industrial uses and BCBSM University to the north. Surrounding zoning is either planned development or limited industrial. 1. What impact does the rezoning have on the surrounding property and land uses? It should have zero impact in that previous and current usage has been consistent for a number of years and is complimentary to the area. 2. What impact does the rezoning have on the subject property? No impact is expected. 3. What impact does the rezoning have on city services, such as sewer, water, stormwater run-off and roads? It is expected the rezoning will have limited impact on water and sewer usage and possibly road utilization as densities will be consistent with both current and past utilization. BCBSM is expected to utilize approximately 200-250 square feet per employee where past utilization has been consistent with this guideline. No change is expected in storm water run-off except where parking is proposed to be expanded on the Riverpark site. 4. Does the requested land use proposed by the rezoning result in a better use of the land? Yes, because it will assure a higher fit out of space being utilized which will place more value on the River Valley and surrounding buildings then an industrial usage would provide. A t/7 Eagan Boundary Area Centerline Location Map Street arcel Area Building Footprint M® ~ Qm ® ®®N psi 0 Sub ect Site ® p a3ai mmmm g fir. o 0 e l~.rr' ~ m o e 9 ® amQnm % Q © v df m m o m O d d 4 4 ~ min mmB® 8 ~ v® 6 Eg vPoorP O +9 a Gza M AL. EL ® Vit cv 1000 0 1000 2000 Feet Development/Developer. Blue Cross Blue Sheild Application: PD Amendment Case No.: 17-PA- Map P pared ustyE .1. Parcel base map data provided N by D ota Cou Office of and is curcent as or January 2D04. W E city of eagan THIS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 3 CommuNq Der.lopmant Departmsrrt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Blue Cross Blue Shield Case No. 17-PA-16-05-04 Zoning Map v PD PD C 11 Current Zoning: PD I-~ PD Planned Development PD 11 PD GOD 0 0D0 1500 F..t \ PD Comprehensive Guide Plan Land Use Map IND Ors ors Current Land Use Designation: IND Industrial and Office Service ors 4D ols O/S coo o coo 1200 F..t Pereel se map Informatio eduy Dakota County Lend Survey Departmert June 2003. N nng information maintained bAlty Staff. 40PICity of Eagan 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. S ARCHITEC1URAl ALLIAN~~ r. I \ RNERPARK2 1 605 PARKING STALLS - ,IIPARK 1 j- ya ING STA~S - I t11 PPs~ ~ .9 c ~ I _ I}~ VIC J t CID PAfdCMG 1~W PAR~RIC' Al i%~ I I µATCHED AREAS I Y raw wALK~ - y i r~ ;BAIL 14 t VED ACED AT YANKEE PLACE \ s I X11 a.. ~ , ~ _ 3500 YANKEE DW`1E _ _ ti _ 5558 PARKING STALLSo - ~ I h -ti Repuked Patfdn9 Rjveipark 8 Yankee Kam CampO 717 Pafkkq RaW bb, 3500 558 Parking p~quue~ 2.438 kee place Master plan Padin9Regei 1750 558 Toml ~/an um~ PNWs~~~`mq Rve FakBYa kee Place 1,359 Riverpark an T U Exlstin9 ~a Park n9 30 Existing Yankee PWCe Darkm9 3D3 New 0.ieerPark ParkmP9 ~ [39) esota 4 / 1 S94 nkee 2, W ~4 Lu Toml Blue Cross Blue Shield of M+nn 200' 5-18-04 ARCHITECTURAL ALLIANCE '.T r J L• `7•~: { .tia• RIVERPARK 1 FINANCIAL OBLIGATION LEGEND :7. ra esrr.r~w Storm Sewer Trunk ` C T \ L. REVISED PARGWG' THIS AREA • \ - .K NEW P4WING AT NATCNEO AREAS - I ` \ I NEW WALKING L • I-... TRAIL - - `u I NEW NURP ` j a (NATIONWIDE URBAN." OFF EXISTING PAVING ~ - - - - - - I TO BE REMOVED - - r. I AND REPLACED l r _ AT Td1JCEE PLACE / l - - - - - 1 I - 3500 YALE DRIVE Hit. - r 558 PARKING, STALLS - ~ f - IE I 0 0 I &,erM a Yankee Race Campus Required Parldng Parking &gWmd W W1 717 00 558 RiverPark and Yankee Place Master Plan Pafdng Req ParklinAQukW by 35"~by35 SS5 Par" Required by 1750 558 Taw 2,435 RlveNark 6 Yankee Place Campus Proposed Par" Ecls" '"n"arft.pa9 1,359 5dfing Yankee PKace Parking 841 Blue Cross Blue Shield of Minnesota V. 200' - - p New Ri,erPark Campus parking 303 71394 N. Yankee Race Parking (39) 5-18-04 I Total 2,464 Agenda Information Memo July 6, 2004, Eagan City Council Meeting C. PLANNED DEVELOPMENT AMENDMENT - WENTWORTH PARK ACTIONS TO BE CONSIDERED: To approve (OR to direct findings of fact for denial) a Planned Development Amendment to allow a change in building materials for the office condos, located at 4662-4672 Slater Road; subject to the conditions in the Advisory Planning Commission minutes. REQUIRED VOTE FOR APPROVAL • Majority Council Members present FACTS: • The office condos were approved with an all brick front finish (Cedar Ave). • The proposed change is to add shakes and trim to the entrances, nothing else will change. • The applicant indicated the change is merely for aesthetic reasons and there is no economic relief with the proposed changes. • The APC suggested the applicant have photos and renderings available for the City Council to review. • The Advisory Planning Commission held a public hearing on June 22, 2004 and is recommending approval, subject to the conditions in the minutes. 60 DAY AGENCY ACTION DEADLINE • June 19, 2004 ATTACHMENTS (2): Advisory Planning Commission Minutes age(s) / 23 Planning Staff Report pages/through l City of Eagan Advisory Planning Commission Meeting Minutes June 22, 2004 Page 5 D. PLANNED DEVELOPMENT AMENDMENT - MISSION HILLS DEVELOPMENT A Planned Development Amendment to modify the front elevations of the office buildings from 100% brick to a brick and siding combination on Lots 1-8, Block 1, Wentworth Park, located on the east side of Slater Road north of Warrick Court in the NW of Section 31. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated June 9, 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 back to the Commission. Member Leeder inquired about the building material for the area labeled LV-2. Chair Heyl stated that it is not clear that the new plan is better than that previously approved. Applicant Brent Thompson explained that their goal is add character to the development. He stated the proposed changes have no economical effect on the project. He explained that two units have been sold and both customers would prefer the amended plan. He explained that a similar, all brick project in Vadnais Heights is not as appealing as this proposal. He stated the brick will be red, with the remaining materials being the same colors as originally proposed. He stated the area labeled as LV-2 will be white in color. Chair Heyl commented that the applicant's explanation clarified the request in her mind. Member Bendt agreed and suggested that it would be wise for the applicant to provide photos of the Vadnais Heights development and a color rendering of the proposed elevation be prepared for the City Council meeting. Member Leeder moved, Member Chavez seconded a motion to recommend approval of a Planned Development Amendment to allow shakes and trim board on the front elevation in replace of brick, for Wentworth Park located at 4662-4672 Slater Road subject to the following conditions as amended: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The architectural changes are approved as shown on the plan dated exterior revisions March 15, 2004. 3. A color rendering be prepared prior to the City Council meeting. All voted in favor. Motion carried 7-0. 123 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 9, 2004 CASE: 31-PA-17-05-04 APPLICANT: Brent Thompson HEARING DATE: June 22, 2004 PROPERTY OWNER: Same APPLICATION DATE: May 19, 2004 REQUEST: Planned Development Amendment PREPARED BY: Sheila Cartney LOCATION: 4662-4672 Slater Road COMPREHENSIVE PLAN: OS, Office Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to change the finish building materials from all brick to a brick and fiber cement shakes mix, for Wentworth Park located at 4662-4672 Slater Road in the NW 1/4 of Section 31. AUTHORITY FOR REVIEW Chapter 11, Section 11. 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 The subject site was originally part of the Winkler-Jackson Planned Development, approved in 1982. The property was to be developed with LB, Limited Business uses. In 1998, the property was platted as Outlot A, Prairie Oaks. Office buildings occupy Lot 1 and 2 of Prairie Oaks to the north. A 30,000 square foot building was proposed for the site, however, the plans were not approved and it was platted as an outlot due to the proposed amount of tree i Planning Report - Wentworth Park Amendment June 22, 2004 Page 2 loss and neighborhood opposition. The development of the site was to be addressed at a later date. In 2002, Davem Inc. requested approval of a Preliminary Planned Development for eight town offices and a Preliminary Subdivision to create nine lots. The Advisory Planning Commission recommended denial based on tree removal and density. The applicant withdrew the application before it was presented to the City Council. In 2003, Wentworth Park Planned Development was approved with eight lots, and seven townoffices. EXISTING CONDITIONS The site is currently under construction. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Office PD, Planned O/S, Office Service Development South Single Family PD, Planned LD, Low Density Residential Development 0-4 units/acre East TH 77/Cedar Ave Right-of-way Right-of-way West Single Family PD, Planned LD, Low Density Residential Development 0-4 units/aces EVALUATION OF REQUEST In 2003, seven townoffices were approved for the subject site. The developer worked closely with the surrounding neighbors throughout the process. The Planned Development Agreement indicates the front elevations would be solid brick, the applicant is requesting to incorporate shakes and colored trim into these elevations. The main entrances would have the fiber cement shakes, colored trim is also added to the front of each unit. The change in finish materials appears to highlight the entrances to each unit and gives some relief from the all brick site line. The applicant indicated the shakes and trim will provide a warmer appearance. SUMMARY/CONCLUSION A Planned Development was approved for the subject site in 2003. The approved Planned Development Agreement included final building elevations for the units. The approved material is brick on the front entrance, siding and brick to the side and rear. The applicant is requesting to 17600"0' Planning Report - Wentworth Park Amendment June 22, 2004 Page 3 change the entrances slightly by adding shakes and colored trim rather than all brick. The proposed change provides some architectural relief at the entrances. The applicant indicated the proposed change offers a more warm style. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow shakes and trim board on the front elevation in replace of brick, for Wentworth Park located at 4662-4672 Slater Road. If approved the following conditions shall apply: 1. The Planned Development Amendment Agreement must be executed and recorded. 2. The architectural changes are approved as shown on the plan dated exterior revisions March 15, 2004. ~ 76 Wentworth Park Town Offices Request for Front Elevation Modification. This proposal is submitted to change the front elevation from 100% brick to a brick/siding combination. The reason is to create a more attractive and inviting look to the front elevation by introducing other material and color vs being all brick that tends to have a more cold look to it. A warmer style and feature is created by adding shakes and trim boards with color. This look is meant to be in character with the intent of original development agreement. Existing land uses are to remain the same. Surrounding land uses are commercial use to the North and Residential to the south and west having a variety of materials used on the front of building. The impact of this amendment on surrounding property and city services is none. This re-design has only impact on the users of the building and its clients creating a warmer more inviting look and appearance to this office complex. C- - V D HA l 19 2004 i / Eagan Boundary Street Centerlines Location Map parcel Area Building Footprint ~r-e-r rrrY•rr rY•PP•PIQ'I Imr=~ I~I~1~~ of 1 „I 1 el 1z, MTN 41 o ED m m sx 'D a q. ® m ® e Subject Site ®e ,t•~ egg m ® @'4 ®rm P ® m e a ® 'Eit ® / .ee~u Cis 1000 0 1000 2000 Feet Development/Developer. Wentworth Park Application: PD Amend en Case No.: 31-PA-17- Map Prepared using ERSI ArcView 3.1. Parcel base nap data provided N Map by Dakota County Omce of GIS and Is current as of January 2004. / THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city of eac~on The City of Eagan and Dakota County do not guarantee the accuracy of this information and are s. community Development DepeRment not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Wentworth Park Case No. 31-PA-17-05-04 • -sc Zoning Map S PD PD CS Current Zoning: PD PD Csc PO T Planned Development J PD R coo 0 Boo 1200 F..t P R-1 Comprehensive Guide Plan OlS~ Land Use Map HD QP RC P R RC RC RC Current Land Use Designation: ws as O/S ors Office Service L 7777 E iD0 0 Soo 1200 F..t P Parcel base map i rmation pF ~y DakoL County Lend Sway Department June 2003. N ~n/ottnatl.n maintained byCity SWL City of Eagan w E Z 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. S a a O 9 ~ loll ~ ? ii j ~ 1j • II , ° ii 8 8 p a Ili 8 IN 0 a3 pit t 8 r Z8 C Z t+ p it I: I _'1~5# II 8 B ; III ii 1~ ,f,~~lxr it ~L.• i~;ia it i it dq+ N ii d ttI `l1 i! i~ ON ii ''+r9= it ;11+ i c° d + it I ® Ii.; ii!! I U1 y~3 z it ppL ii !j 1Si~'dal; :;a~ tl ~ r. 'I' 8 NC I I'A7I 17 it HER a a Ln ~ O ~ s l l i; ~ ~~F~,P x 9ae 8~ 3 o p o O Z rr, M C, O p per IBa~i I I g E 0 O Q -j m g ~4 gg 6 a BB 6 B 5. Eg E ' F ° Q Irk Ell IF g9 His twits I gg ~Gd ;Eiji { d fill 8 8`f ~G ~W 8 8 ji ! ! F6 06 Fla Fb 16 Ell LI(:ei 1! E1!' ~!x ~ I I '~i~•r~!fIE!,c • ~ ii !r I ii k! 0 ~L.L!€.,, F fl p 3I 1 O l_ t e_~ Q JLJN-07-2004 16:07 MOHAGEN HANSEN 952 473 1340 P.03 s} Vii, Z ! Q F 0 0 'got I I it I oil .il 1 1 1 i ® B f~ I 11 1 1. {I 1 ® s I " Ir B 3 < g ti 'i 141-41 pt /g~ TOTAL P.03 ALAN MENNING June 14, 2004 City Of Eagan Community Development Dept. 3830 Pilot Knob Road Eagan, MN 55122 Dear Community Development Dept: Re: Wentworth Park Case# 31-PA-17-05-04 I'm apposed to the substitution of siding for brick for the following reasons: 1. The City when the project was approved was concerned with the looks of the outside of the building because of how plain they appeared. It wasn't in keeping with the neighborhood or the office building next door. This proposal cheapens the appearance even further. 2. All of the units have been sold based on a certain look. Will the Builder be reimbursing the buyers for the reduction? Has he obtained approval from the buyers? 3. The Builder should be responsible for his major construction error that he made and not the neighborhood or the buyers of the units. His major error was that he put in the footings, poured the basement walls, back filled the walls, framed, sheeted, and roofed the building then had to dig everything back up cut holes in the foundation and poured walls to bring in the water and sewer supply lines. Water and sewer supply lines go in first not last. Sincerely, Alan Menning 2159 WARRICK COURT, EAGAN, MN 55122 PHONE: 651-895-1978 • FAX: 612-379-3440 Agenda Information Memo July 6, 2003, Eagan City Council Meeting D. PRELIMINARY SUBDVISION (KREITZ ADDITION) - JIM HUGHES ACTIONS TO BE CONSIDERED: To approve a Preliminary Subdivision (Kreitz Addition) of 1.9 acres to create 2 single family lots, for Lot 13, Block 7, Country Home Heights, located at 2890 Fairlawn Place; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL • Majority of Council Members present FACTS: • A single family home is present on Lot 1. • A blanket easement from Xcel Energy covers the subject lot; the applicant has requested Xcel vacate the easement. • As proposed the subdivision meets R-1 standards. • A public hearing was held at the June 22, 2004 APC meeting and they did recommend approval. ISSUES: • A shed present on proposed Lot 2 will have to be removed prior to final subdivision. Accessory structures can not be the principal structure on a lot. • The applicant has requested that condition number 2 be modified to: "The shed on Lot 2 will be allowed to remain as long as Lot 2 remains in ownership of Mr. Hughes or is owned by Mr. Kreitz, who lives adjacent to Lot 2 to the north. At two years from the date of Final Plat approval by the Council the shed must be removed from Lot 2 even if Mr. Hughes or Mr. Kreitz owns said Lot 2." • Since the City does not control ownership, staff suggests Conditions 2 be changed to read "The shed on Lot 2 should be removed prior to the issuance of any permits related to Lot 2," if the City Council is interested in any modification to the Conditions in the APC minutes. 120 DAY AGENCY ACTION DEADLINE • September 15, 2004 ATTACHMENTS (3): APC minutes on page tlnaagiz` Staff report on pagef through 0 Letter from the applicant on page i City of Eagan Advisory Planning Commission Meeting Minutes June 22, 2004 Page 9 F. PRELIMINARY SUBDIVISION - JIM HUGHES A Preliminary Subdivision (Kreitz Addition) of approximately 1.19 acres to create two single family lots from Lot 13, Block 7, Country Home Heights, located at 2890 Fairlawn Place in the SW % of Section 3. Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated June 14, 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 back to the Commission. Member Bendt stated he is in favor of the proposal. Applicant representative Paul McGinley stated a request has been submitted to Xcel Energy asking them to release the easement with the exception of the 50-foot strip. Member Chavez moved, Member Hansen seconded a motion to recommend approval of a Preliminary Subdivision (Kreitz Addition) to create two single family lots, on property located at 2890 Fairlawn Place; subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, 3,_C1, D1 and E1 1. The property shall be platted. 2. The shed on Lot 2 shall be removed prior to Final Subdivision. 3. An individual tree preservation plan is required at the time of building permit for Lot 2. 4. The developer shall provide evidence of Xcel Energy's release of a portion of the easement to allow this proposed subdivision and construction of a house on Lot 2, prior to final subdivision approval, in a form acceptable to the City Attorney. 5. A cash dedication in lieu of on-site water quality ponding is required for this development. 6. A cash park and trail dedication for Lot 2 is due at time of building permit. All voted in favor. Motion carried 7-0. /Sr PLANNING REPORT CITY OF EAGAN REPORT DATE: June 14, 2004 CASE: 03-PS-08-05-04 APPLICANT: Jim Hughes HEARING DATE: June 22, 2004 PROPERTY OWNER: Same APPLICATION DATE: May 18, 2004 REQUEST: Preliminary Subdivision PREPARED BY: Sheila Cartney LOCATION: 2890 Fairlawn Place COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant requested approval of a Preliminary Subdivision of 1.19 acres to create 2 single family lots for property located at 2890 Fairlawn Place, Lot 13, Block 7, Country Home Heights, in the SW'/o of Section 03. AUTHORITY FOR REVIEW Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote 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: ~6 Planning Report - Kreitz Addition June 22, 2004 Page 2 City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. 13. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). 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 Planning Report - Kreitz Addition June 22, 2004 Page 3 maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The property is currently platted as Lot 13, Block 7, Country Home Heights Addition. The site borders Fairlawn Place and Burnside Avenue. A blanket easement from Xcel Energy covers the subject lot. EXISTING CONDITIONS There is an existing house on the west side of the lot (Fairlawn Place) the east side of the lot contains a shed and a concrete slab. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single Family R-1, Single family LD, Low Density Residential residential residential South Single Family R-1, Single family LD, Low Density Residential residential Residential East Office/warehouse RD, Research BP, Business Park Development West Single Family R-l, Single Family LD, Low Density Residential Residential Residential EVALUATION OF REQUEST Compatibility with Surrounding Area - The majority of the uses surrounding this site are single family residential. The proposed subdivision meets R-1 requirements and appears consistent with low density development. Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 3. L~ Planning Report - Kreitz Addition June 22, 2004 Page 4 Within this area, infill single family and multiple residential developments would be conditional. To approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft over flight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. With respect to the factual aspects of the findings, the property lies approximately 2 miles southeast of the nearest runway at the airport. On an annual average, approximately half of all arrivals and departures can be expected to use the runways to and from the southeast. Upon completion, approximately one-third of all arrivals and departures are expected to use the north-south runway. At current traffic levels, the airport handles approximately 530,000 operations annually. Because of the relationship of the property to the current departure and arrival procedures and the runway centerlines, a significant portion of the departures and arrivals will track over or near the property. The property is approximately 3 miles from the engine maintenance and run up area. (Issues #3, 4 and 8) While the implementation of the Stage III airline fleet in recent years has lessened the noise per operation, the net effect of these deductions has not yet been translated into new noise policy contours. Updated policy contours are expected to be available and adopted in the near future, and it is anticipated that the result will be a reduction in the contours. However, until that time, regional policy dictates that cities continue to utilize the last officially adopted noise policy contours. If the City determines that findings concerning these conditions support the approval of this application for in-fill development, it should be conditioned on the following: Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 65 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 20 dBA (Issue #5). f Planning Report - Kreitz Addition June 22, 2004 Page 5 Densi - The proposed density is 2 units/acre, the Comprehensive Land Use Guide for this property is Low Density 0-4 units/acre. The proposed density complies with the Guide Plan. Lots - The proposed Lot 1 will be 26,532 square feet and Lot 2 will be 25,092 square feet. The R-1 zoning designation requires 12,000 square foot lots. Proposed Lot 2 will have a shed present at the time of subdivision, the shed should be removed prior to final subdivision. An accessory structure can not be the primary use on a lot. Setbacks - Standard R-1 setbacks apply to this subdivision. The principal structure shall be 30 feet from any public right-of-way, 10 feet from the side property line, 15 feet from the rear property line. Any accessory structure shall maintain a five foot setback to the side and rear and a 30 foot setback to any public right-of-way. The subdivision appears to meet these setbacks. Grading/ Erosion Control - The preliminary grading plan is acceptable. The site is lightly wooded and generally slopes to the north. Utilities - The preliminary utility plan is acceptable. The existing house on Lot 1 is connected to the City sanitary sewer and water main system. Existing sanitary sewer and water mains of sufficient size, depth and capacity are shown on record plans to be available within Burnside Avenue to serve the proposed house on Lot 2. The sanitary sewer and water main service work for Lot 2 will require the removal and replacement of a portion of the Burnside Avenue street section. Streets/ Access/ Circulation - The driveway access for the existing house on Lot 1 will remain onto Fairlawn Place, while Lot 2 access is proposed onto Burnside Avenue. Wetlands/Water Quality - This 1.2-acre proposed subdivision is located in the "HDP" Watershed that drains the northwest portion of the City to the Minnesota River. Due to the size and nature of this residential subdivision, water quality ponding is not feasible. To meet the City's water quality requirements, therefore, a dedication of cash in lieu of ponding is appropriate for this development. There are no wetlands associated with this parcel. Easements/ Permits/ Right-of-Way- The entire property is covered by a private pipeline easement in favor of Xcel Energy. The developer should provide to the City Attorney evidence of Xcel Energy's release of a portion of the easement to allow this proposed subdivision and construction of a house on Lot 2, prior to final subdivision approval. Tree Preservation - An individual tree preservation plan will be required for Lot 2 at the time of building permit application. Parks and Recreation - A cash park and trail dedication is expected for the newly created lot. 1 ~O Planning Report - Kreitz Addition June 22, 2004 Page 6 SUMMARY/CONCLUSION The proposed subdivision is to create two single family lots. As proposed, the lots will comply with R-1 standards and is consistent with low density residential. There is a shed present on Lot 2 that should be removed prior to final subdivision, accessory structures can not be the primary use of a lot. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Kreitz Addition) to create two single family lots, on property located at 2890 Fairlawn Place; subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 3, C1, D1 and E1 1. The property shall be platted. 2. The shed on Lot 2 shall be removed prior to Final Subdivision. 3. An individual tree preservation plan is required at the time of building permit for Lot 2. 4. The developer shall provide evidence of Xcel Energy's release of a portion of the easement to allow this proposed subdivision and construction of a house on Lot 2, prior to final subdivision approval, in a form acceptable to the City Attorney. 5. A cash dedication in lieu of on-site water quality ponding is required for this development. 6. A cash park and trail dedication for Lot 2 is due at time of building permit. 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. / t% ^ 7o4, 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 STANOARO.CON FINANCIAL OBLIGATION-Preliminary Subdivision-Kreitz Addition There are pay-off balances of special assessments totaling $-0-on the parcels proposed for subdivision. The pay-off balance will be allocated to the lots created by the subdivision. At this time, there are no pending assessments on the parcel proposed for subdivision. This estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or subdivision. IMPROVEMENT USE RATE QUANTITY AMOUNT Sanitary Sewer Trunk S.F. $1,000/Lot 1 Lot $1,000 Water Trunk S.F. 1,040/Lot 1 Lot 1,040 Storm Sewer Trunk S.F. .095/Sq. Ft 25,272 Sq. Ft. 2,401 Total $4,441 20 East Thompson Avenue Suite 20i St. Paul, MN 55118 Kreitz Addition Planning Tel 651.457.3645 ' Civil Engineering Fax 651.457.8642 NARRATIVE (5/13/04) Land Surveying homeC loucksniclagan eom Landscape Architecture tt,%tw.loucksmclaf,an.com James Hughes, the owner of Lot 13, Block 7, COUNTRY HOME HEIGHTS, wishes to Environmental divide his 1.19-acre single-family residential lot into two single-family residential lots. The current house will remain on new Lot 1 at•26,532 sq. ft. and new Lot 2, which will be vacant, will front on Burnside Avenue and be 25,092 sq. ft. The comprehensive plan guides the site for Low Density Residential (LD) or 4 units per acre, which is consistent with this request, which will result in 2 units per acre. The current zoning on the property is R-1, which fits the request so no rezoning is being requested. The new single-family residential lot conforms to the configuration of the lots on this side of Burnside Avenue. The proposed lots meet all zoning requirements so no variances are being requested. The zoning immediately east of the site, across Burnside, is RD. Immediately east of that the property is zoned I-1. The property is surrounded on the north, west and south by R-1 zoning which matches this site. There is a park across Fairlawn Place from the site and north one lot. There is no specific timing for home construction on the new lot. Mr. Hughes will probably sell the lot in the near future and it will be up to the new owner when they may build on the lot. The proposed homesite on Lot 2 should result in minimal or no tree removal. The entire parcel is covered by a blanket pipeline easement to Xcel Energy, as are all the lots in Country Home Heights. This easement over the entire plat predated the creation of Country Home Heights and was left in place. All the homes in Country Home Heights, apparently, are built within this easement. We are pursuing information from Xcel Energy as to how they want to handle this lot. We expect it will be one of two ways: 1) They may have adopted a procedure for this area whereby they grant a license or permission to build within their blanket easement within 20 or 25 feet of their pipeline, or 2) They may choose to release all of the site from the easement except the 50 foot wide strip shown on our plan - as they did in the Eagandale Center Industrial Park plats immediately to the northeast and in Timberwood Village to the southwest. If we do not have that determination from Xcel in time for the planning commission meeting on the preliminary plat we would certainly agree to the commissions decision on the plat being conditioned upon that item being finalized in writing before coming in with the final plat. The new lot and proposed house location should fit in very nicely with the rest of the lots and homes in Country Home Heights. The configuration of the lot matches the others along Burnside Avenue. • Y.. s 2004 Eagan Boundary Lo cation Map Street Centerline Parcel Area Building Footprint Mend t-ei hts ---InTQIT+TIi~M/FMOr~ / / E3 L' I.rti J f -G 1 J' R.: r 1 r r Li--L-L- H-0- lot Subject Site ~ B p Not dx°w' ~ LYLJ1 C J I C try~~t \ 'I'r~pq~Pa~'r~~j,{ as F- ® m e 1 • ' a G9 0:It + q D S a t9 •g n a....,,. Pf® sf~ T~ ~ F ~ r~ 0 • ~ mo 9•~O e'e, tf. 1000 0 1000 2000 Feet Development/Develpera Kreitz0 Addition Application: Preliminary Subdivisio / Case No.: 03-PS-08-05-0 6 Map Prepared using ERSI ArcVlew 3.1. Parcel bass map data provided N by Dakota County Office of GIS and is current as of January 2004. 4q kcltV of en on THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Communtty Devdopment Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Kreitz Addition Case No. 03-PS-08-05-04 Zoning Map T / PD \ NB Current Zoning: R R-1 -1 R-1 1-1 R-1 Single Family Residential RD R- ~ R_ 1-1 60- 1-1 1 RD soo o goo 1200 F..t Comprehensive Guide Plan Land Use Map BP BP IND ET D BP 11 Current Land Use Designation: P P LD Low Density Residential 7T a BP D LD D L BP coo 0 coo 7200 F..t -1 :a tercel a msp infomutbn d.dby Dakota County Land Survey Departmert Jame 2003. N ng Information maintained byCity Stott City of Eagan ~ 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. S 1: [ y 1\ o= t s=z;t }l}[i( 'till j 4 ~ f ( ~ t 1 { t[ [ . t`: }b(il[ { iy [ (i n e f Q F s r If:~1 il.ll(( ty :1 , P` j 1 1 K z ll i= N.. Y t o ~•,ttt~~i~llii 1041111111111 i sit, ► J! ! ...eo.-....p~~ t-v:i Tit B 0 0 e 5 . ~ . w 5 1 tt ~S i - 'r FF S 'c i E i~ic' u~i e E t keg BFI li ! t®~ a fbf - fee W •t =♦t \ y • / ddAAtt 1 / i 3- 0 + tll~ GG ~ i r L ~ = - x W la~llllilllll t~ E t--; ~ tlf El11Fl;lE ~ E e t F i ~ { 1E y[ E{ s= F s Y ¢ ee sit ~ 1 }L~YppBa I I 1118 e F F° '9 } ~33 Flttf~ 11ss e ss e{. Sit: F f nNaAV;aaisNaTia e .''ate _ € 0 N1 Y d \ : f i cli cr- { n- L r y t . -JY ~ F fit,t :l E . ♦ 1. d J r _ .F `S~ ~ i{~4 r {i j F♦r ! E, ~ i} l 1 / / / r~S g < ? izT ~fi IN Y 1 1I~Ii(~?I{fI f77 aid I I I I I I I I I I I~1i ~ 0 -~C f ~ GJ ' 1 1111111 I I ` o n - _ - _ - - J- _ _ - - -R . - _ - - _ _ _ _ _ s anuan CUSNUA9 cli I 'Q G 1fF I ®E 1 I bi 1 1 / l I 1? ~ I t + I .d • I Z ~ ~ I \ a~R J - . E CL \ r/- J ~ - < M` Ile / J J j F~~ l_/V- e FJ E / i i aoU ~1 ~ ~ , f~'IE~~E'~'I ii i tam : ~ ~ - Y o ,;.~Il,il ~a~ I i l l l l l l l l' i( E' l i r } LL9L S d EEai ~S ~,EF S#}FI ~••E j[ ` i t ~ ~ E;~ 7F~ L ------t -s-tj - f It: F F ' F t . r ~nNaAV aaIS ME1 i F ? ~ruE i F F Ilk is lot rr- 1..1..1 l1J r'Yx h:. E S:::: ry..••:: r. J (L c ° F CO p C 3 € 1 11 i m= ~m g iE ° W N to Jv / E / i / a(9 20 East Thompson .Avenue Suite 305 June 25, 2004 St. Paul, \IN 55113 Planning TAI (,5I.ti57.jG45 Mayor and City Council Fax 651.457.5642 Civil Engineering . City of Eagan Land Surveying 3830 Pilot Knob Road humeC=lnucksmcl:tgan.coi» r-p ` Lam[Isp(Alrchiteaure Eagan, MN 55122-1897 y t t Environrr kal I ~1 RE: Kreitz Addition JUN 2 9 [M4 Case No. 03-PS-08-05-04 Honorable Mayor and City Council: By - The above Preliminary Plat was approved by the planning commission on Tuesday, June 22nd Here is some background on this property. Jim Hughes currently owns Lot 13, Country Home Heights, which is being subdivided into Lot 1 and Lot 2. Lot 1 will contain Mr. Hughes house and Lot 2 will be the new lot, which currently contains a shed. Bill Kreitz lives immediately north of new Lot 2. He has lived on Lot 12 of Country Home Heights for 37 years. Mr. Kreitz and Mr. Hughes were at one time related and remain good friends. Mr. Kreitz is helping Mr. Hughes in this subdivision process. The owner and applicant, Jim Hughes, asked that we request, on his behalf, if there is any possibility of revising one of the planning commission's conditions. The condition in question is number 2, which reads, "The shed on Lot 2 shall be removed prior to Final Subdivision". Mr. Hughes intends to continue owning both lots for a while and then he will probably sell Lot 2 to Mr. Kreitz. The applicant would like to request that the condition be reworded as follows: "The shed on Lot 2 will be allowed to remain as long as Lot 2 remains in the ownership of Mr. Hughes or is owned by Mr. Kreitz, who lives adjacent to Lot 2 to the north. At two years from the date of Final Plat approval by the council the shed must be removed from Lot 2 even if Mr. Hughes or Mr. Kreitz still owns said Lot 2". Thank you on behalf of our clients, Jim Hughes and Bill Kreitz. Respectfully, LOUCKS MCLAG aul J. McGinley, PLS Principal PJM/pjm • Agenda Information Memo Eagan Economic Development Authority Meeting July 6, 2004 A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To adopt a resolution approving the minutes of the May 18, 2004 EDA meeting as presented or modified. ATTACHMENTS: • Enclosed on page a&5'is a copy of the minutes of the May 18, 2004 EDA meeting. • Enclosed on pages 42.0& is a copy of the resolution approving the minutes of the May 18, 2004 EDA meeting. ao MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota May 18, 2004 A meeting of the Eagan Economic Development Authority was held on Tuesday, May 18, 2004 at the Eagan Municipal Center. Present were President Geagan and Commissioners Fields, Tilley, Carlson 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 Mira McGarvey. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Feilds moved, Commissioner Maguire seconded a motion to adopt a resolution approving the minutes of the May 4, 2004 EDA meeting as presented. Aye: 4 Nay: 0 NEW BUSINESS 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 Community Development Director Hohenstein gave a brief overview. Greg Miller of Interstate Partners was present to answer questions of the Commission. Commissioner Fields moved, Commissioner Carlson seconded a motion to approve 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. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 11:40 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 corrunitted 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. a05- EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING THE MINUTES OF THE MAY 18, 2004 REGULAR MEETING BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the minutes of the May 18, 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 6th day of July, 2004. Jon Hohenstein, Secretary/Deputy Executive Director 0?0 Agenda Information Memo July 6, 2004 Eagan Eagan Economic Development Authority Meeting E. NEW BUSINESS 1. RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY AND UNITED PROPERTIES FOR THE REDEVELOPMENT OF PROPERTY LOCATED IN THE NORTH DISTRICT OF THE CEDAR GROVE REDEVELOPMENT AREA ACTION TO BE CONSIDERED: To approve or deny a Resolution Approving The Amended and Restated Development Agreement between the City and United Properties for the redevelopment of property located in the North District of the Cedar Grove Redevelopment Area. FACTS: • The City of Eagan and the Eagan Economic Development Authority previously approved a development agreement with United Properties relative to property located in the northeast quadrant of the intersection of TH 77 (Cedar Avenue) and TH 13 for redevelopment purposes. Under that agreement, the City and the EDA agreed to sell United a City owned parcel in the area, to assist with the acquisition of certain properties and to provide public assistance as available and necessary to bring about the construction of a Class A office building on the development site. • Subsequently it was determined that it would be in the interests of the City and United for the company to move forward with the acquisition of one of the properties in the development area, known as the Sill property. At the same time, United has asked that the City commit to selling the company its parcel at a rate to be determined in the context of the financial analysis at the time of the ultimate redevelopment activity. Under the proposed revised agreement, the parties would commit to these additional actions at this time, in contemplation of a future acquisition of the remaining property necessary to implement a redevelopment. In exchange for this commitment on the City's part, United will agree to sell the Sill property to the City at its cost, plus carrying costs, if it is unable to develop the site and the City determines to proceed with a project with a different developer. • The City's Redevelopment Consultant, Ehlers and Associates, has performed a review of the proposed amendments to the agreement and has provided an analysis of the changes for Council review. D Agenda Information Memo July 6, 2004 Eagan City Council Meeting ATTACHMENTS: • EDA Resolution approving the amended and restated development agreement on pages D • City Council Resolutioap approving the amended and restated development agreement on pages • Ehlers and Associates memo on pages • Site map on page 6~ 1_I,_ • Agreement on pages a off CITY OF EAGAN RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO THE CEDAR GROVE REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF EAGAN AND UNITED PROPERTIES BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to adopt a Resolution Approving The Amended and Restated Development Agreement Relating to the Cedar Grove Redevelopment Tax Increment Financing District Between the Eagan Economic Development Authority, the City of Eagan and United Properties for the Redevelopment of property in the northeast corner of Cedar Avenue and Highway 13. 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 6th day of July, 2004 Jon Hohenstein, Secretary/Deputy Executive Director ao~ CITY OF EAGAN RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO THE CEDAR GROVE REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT BETWEEN THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF EAGAN AND UNITED PROPERTIES BE IT RESOLVED by the City Council of the City of Eagan to adopt a Resolution Approving The Amended and Restated Development Agreement Relating to the Cedar Grove Redevelopment Tax Increment Financing District Between the Eagan Economic Development Authority, the City of Eagan and United Properties for the Redevelopment of property in the northeast corner of Cedar Avenue and Highway 13. 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 Authority in a regular meeting thereof assembled this 6th day of July, 2004. Maria Petersen, City Clerk a~~ EHLERS &.ASSOCIATES INC O To: Jon Hohenstein, City of Eagan From: Jim Prosser, Ehlers Associates Subject: Amendment to United Properties Preliminary Development W Agreement Date: June 24, 2004 Brian Carey, Vice President of United Properties, has requested an amendment to their existing preliminary development agreement with the City of Eagan. The current agreement provides United Property the opportunity to develop specified areas (City owned parcel, the Sill parcel and the Brad Ragen site) of the Cedar Grove area. The major elements of the agreement include: ❑ United Properties commitment to market the property for specified uses (255,000 square foot class "A" office building. Building design to be consistent with City design guidelines. (The final design cannot be prepared now. Class "A" user will want a "signature" building custom to their needs. Therefore design will occur after identification of a tenant.) ❑ City of Eagan commitment to sell the City owned parcel. ❑ City agreement to assist with land acquisition if needed. ❑ City agreement to provide public financial assistance to the extent needed and possible. This determination is expected to be made at such time as United Properties has identified a user and plan. ❑ Agreement that United Properties with City could be terminated to permit development by another developer if another developer proposes a use consistent with City goals and United Properties is unable to match the proposal. ❑ Agreement contingent on land use and regulatory approvals. That is to say that the City was not granting specific land use "pre-approvals". Jim Prosser, CIPFA (651) 697-8503 Fax: (651) 697-8555 Executive Vice President/Director jim@ehlers-inc.com 3060 Centre Pointe Drive http://www.ehlers-inc.com Roseville, MN 55113-1105 c~ The City's established development goal for this parcel is a class "A" office and/or a full service hotel. There is general agreement that the market does not currently exist for either of these uses. Given these circumstances the strategy of the City has been to "partner" with a developer to market the site for the intended use. Because of the over-supply of existing class "A" office and full service hotel sites and buildings, the strategy of partnering with a leading developer, it was expected that a longer term commitment would be appropriate. Since the agreement was executed, United Properties has marketed this site to a variety of potential users. In addition, at the request of the City, they have initiated efforts to gain control of the parcels not owned by the City. Recently they have reached agreement with the Sill parcel. That agreement is contingent on the ability of United Properties to reach agreement with the City on amendments to the existing preliminary development agreement. Those amendments address the following issues: 1. United Properties to acquire Sill Property. 2. City will provide an option to United Properties to purchase City owned parcel at market value to be determined on the basis of market conditions at time of development. This value may be reduced, if necessary, to make the project financially feasible. The analysis to determine the need and extent of any reduce value will be made at the time of proposed development and will be based on providing the developer with a reasonable rate of return for the project investment. 3. The determination of the level of any assistance (including land value write down) will be made solely at the discretion of the Eagan EDA at the time of development. 4. An extension to existing agreement from April 1, 2010 to April 1, 2012. 5. The City will have a right to purchase the Sill property from United Properties at the purchase price of United Property plus holding costs. Holding costs will include property taxes, special assessments, out of pocket marketing costs and interest on costs paid by United Properties. Entering into this agreement with United Properties will improve site control and increase the feasibility of achieving development goals. The request for an extension provides a reasonable balance between the needs of the developer and the ability of the City to assure targeted development. /j 3060 Centre Pointe Drive uPhone» Fax: (651) 697-8555 Roseville, MN 55113-1105 oEmail Address)> Page 2 of 2 http://www.chlers-inc.corn a1~ o ' United Properties ♦ Development Area Ramnarine . r. ■ 9s~ i m i Brad.... _ , - of/ /Ranan Tire ~ iEagan N~ 00- k/ v o' f ~ -1e . ■ voo ii # L!ft w rt . • 1 r - Jr- III NELfA -CAR Location Map Legend ~CG Redevelopment Area United Properties Development Area R= Cedar Grove Redevelopment Area c?, /.3 = Parcels N United Properties Development Location Roding atl 0 350 700 1,400 Feet Draft: 6/30/04 PRELIMINARY REDEVELOPMENT, PURCHASE OPTION AND FIRST REFUSAL AGREEMENT THIS AGREEMENT, made and entered into as of the day of July, 2004, by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota public body corporate and politic ("EDA"), the CITY OF EAGAN, a Minnesota municipal corporation (the "City") and UNITED PROPERTIES INVESTMENT LLC, a Minnesota limited liability company ("Redeveloper") BACKGROUND The purpose of this Agreement is to set forth the understanding between the parties with respect to the proposed redevelopment of portions of the area generally described as Cedarvale North Sub Area 1-B ("the Redevelopment Property") and shown in Exhibit A. This Agreement supercedes the Preliminary Redevelopment Agreement dated , 2002 (the "Original Agreement") between the EDA and Redeveloper; provided, however, if the Redeveloper fails to acquire the Sill Parcel described herein on or prior to August 1, 2004, then this Agreement terminates and the Original Agreement shall be reinstated as of such date. BASIC TERMS AND CONDITIONS 1. Redevelopment Property. The properties proposed to be redeveloped are the properties set forth in Exhibit A and more fully described in the legal descriptions set forth in Exhibit B hereto ("the Site"). The Site includes three parcels: one of which is owned by the City of Eagan (the "City Parcel"), one of which the Redeveloper intends to acquire following execution of this Agreement (the "Sill Parcel") and a remaining parcel owned by a third party (the "Remaining Parcel"). The exact dimensions and square footage of the Site shall be determined by survey. The parties agree that the Site may be enlarged to include other lands at the mutual agreement of the parties. 2. Undertaking and Exclusive Rights; Purchase Option. In consideration of the time, effort and expenses to be incurred by the Redeveloper in pursuing the undertakings set forth herein and in further consideration of the amount of $12,500.00 paid to the EDA, the receipt of which is hereby acknowledged, the EDA hereby agrees that for the term of this Agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development within the area covered by the Site; or (ii) condemn or agree to proceed with the condemnation of any property within such area to assist or facilitate development within such area by a third party. If the Redeveloper acquires title to the Sill Parcel prior to August 1, 2004, this Agreement and said exclusive rights shall continue, unless earlier terminated as provided herein, for a period ending April 1, 2012. This Agreement and the exclusive rights granted hereby shall terminate upon the earlier to occur of any of the following: a~ (a) The Redeveloper shall have failed to acquire title to the Sill Parcel on or prior to August 1, 2004. (b) Another developer shall have submitted to the EDA a proposal for development of all or a portion of the Site and both (i) the EDA determines by resolution and written notice to the Redeveloper that the proposal is acceptable and (ii) within 60 days following such determination and written notice thereof from the EDA, the Redeveloper fails to submit to the EDA a proposal which the EDA determines in its reasonable discretion to be at least as desirable as the proposal from the other developer. In determining the relative desirability of the proposals the EDA may in its reasonable discretion consider the amount and nature of any financial assistance requested and the nature of the proposed development and the feasibility thereof and such other factors as it may in the exercise of its reasonable discretion deem relevant. The determination of the EDA shall be conclusive. For purposes of this Agreement, any sale or lease of the City Parcel at a price determined by the EDA to be fair market value shall not be considered to be financial assistance to the purchaser or tenant. If Redeveloper fails to timely submit any proposal to the EDA, the "Termination Date" under this clause (b) shall be the 61" day following such notice to the Redeveloper from the EDA. If Redeveloper does timely submit a proposal to the EDA but the EDA determines in its reasonable discretion that such proposal is not at least as desirable as the proposal from the other developer, the "Termination Date" under this clause (b) shall be that date when EDA notifies Redeveloper in writing of such determination. Notwithstanding anything herein to the contrary, if no other developer is selected by the EDA, this Agreement shall remain in full force and effect. In the event this Agreement is terminated pursuant to clause (b) above and Redeveloper still owns the Sill Parcel and has not improved the Sill Parcel, then (x) the EDA shall have the option to purchase the Sill Parcel for the greater of (a) fair market value or (b) the Acquisition Cost plus the Cost of Carry, exercisable within 60 days of the Termination Date by giving written notice thereof to Redeveloper, and the Redeveloper hereby grants such option as described herein, and (y) if the EDA's option is not timely exercised, the Redeveloper shall have the option, exercisable not later than 90 days after the Termination Date by giving written notice thereof to the EDA, to sell the Sill Parcel to the EDA, and the EDA shall be required and hereby agrees to purchase the Sill Parcel, at a price equal to the price equal to the Acquisition Cost plus the Cost of Carry. For purposes of this paragraph, the "Acquisition Cost" means the aggregate of (a) expenditures by the Redeveloper to acquire the Sill Parcel and conduct environmental and soil evaluating of the Sill Parcel and City Parcel, not to exceed $ , plus (b) actual expenditures not exceeding $250,000 for the first five years and $20,000 per year thereafter for engineering, design, planning, marketing and development of the Sill Parcel, and "Cost of Carry" means simple interest on the Acquisition Cost calculated at 9.00% per annum for the period the Redeveloper has owned the property, plus property taxes and special assessments paid with respect to the Sill Parcel for the period the Sill Parcel was owned by the Redeveloper. 2 a~~ 3. Exercise of Purchase Option. If the EDA exercises the option described in paragraph 2, the Redeveloper and the EDA shall endeavor to agree on the market value of the Sill Parcel within 30 days after the EDA exercises its option to purchase the Sill Parcel from the Redeveloper. If the Redeveloper and the EDA cannot agree on the market value of the Sill Parcel within such 30-day period and the Redeveloper requests a market value determination, each party shall select a disinterested, MAI appraiser familiar with the Minnesota real estate market within 15 days after the expiration of such 30-day period. Each of the two appraisers shall independently arrive at an opinion of the market value of the Sill Parcel within 60 days after the expiration of such 30-day period and submit such opinion to its client in writing. The Redeveloper and the EDA shall exchange such written opinions of the market value of the Sill Parcel as soon as each party has received an opinion from its appraiser. If the higher opinion of market value of the Sill Parcel does not exceed the lower opinion of market value of the Sill Parcel by more than 10 percent, the market value of the Sill Parcel shall be deemed to be the average of the two opinions. If the higher opinion of market value of the Sill Parcel exceeds the lower opinion of market value of the Sill Parcel by more than 10 percent, the two appraisers shall jointly select a third disinterested, MAI appraiser familiar with the Minnesota real estate market within 15 days after the Redeveloper and the EDA exchange opinions. If the two appraisers cannot agree on a third appraiser within the time period allowed, either the Redeveloper or the EDA may petition a court of competent jurisdiction to select the third appraiser. If a court of competent jurisdiction refuses to select a third appraiser, the parties agree to jointly petition the American Arbitration Association in Minneapolis, Minnesota for the selection of the third appraiser. Each party shall pay for its appraiser and shall equally share the cost of any third appraiser. The third appraiser shall have 45 days after appointment to determine the market value of the Sill Parcel and submit a written opinion of value to both parties. If a third appraiser is appointed, the market value of the Sill Parcel shall be deemed to be the opinion of value of the third appraiser. 4. Grant of Refusal Right. In the event that Redeveloper decides to sell the Sill Parcel (other than pursuant to the option described in paragraph 2), the EDA shall have a right of first refusal to purchase the Sill Parcel (the "Refusal Right"), on the terms and conditions set forth in this Agreement and subject to the conditions precedent to exercise of the Refusal Right specified herein. Prior to accepting any such bona fide offer to purchase the Sill Parcel, the Redeveloper shall notify the EDA of such offer and deliver to the EDA a copy thereof. The Redeveloper shall not accept any such offer unless and until the Refusal Right has expired without exercise by the EDA. The purchase price for the Sill Parcel pursuant to the Refusal Right shall be an amount equal to the purchase price set forth in the bona fide offer. The Refusal Right may be exercised by the EDA by (a) giving prior written notice of its intent to exercise the Refusal Right to the Redeveloper, and (b) complying with the contract and closing requirements hereof. Any such notice of intent to exercise the Refusal Right shall be given within thirty (30) days after the EDA has received the Redevelopers aj, notice of a bona fide offer pursuant to this paragraph. The notice of intent shall specify a closing date within ninety (90) days immediately following the date such Refusal Right is exercised. If the foregoing requirements are not satisfied as and when provided herein, the Refusal Right shall expire and be of no further force or effect. 5. Procedures of Completing Purchase. Upon determination of the purchase price following exercise of either the purchase option or sale option under paragraph 2 or following the giving of notice of exercise of the Refusal Right under paragraph 4, as the case may be, the Redeveloper and the EDA shall enter into a written contract for the purchase and sale of the Sill Parcel in accordance with the terms of this Agreement and containing such other terms and conditions as are standard and customary for similar commercial transactions in the geographic area where the Sill Parcel is located, providing for a closing not later than the date specified in the notice of intent to exercise the purchase or sale option or Refusal Right, as applicable, or thirty (30) days after the purchase price has been determined, whichever is later. In the absence of any such contract, this Agreement shall be specifically enforceable upon the exercise of the purchase or sale option or the Refusal Right, as applicable. The purchase and sale hereunder shall be closed through the title company that has insured Redeveloper's title to the Sill Parcel or another mutually acceptable title company. Upon closing, the Redeveloper shall deliver to the EDA, along with the deed to the property, a commitment for an ALTA Owner's Policy in the amount of the purchase price, subject to the liens, encumbrances and other exceptions then affecting the title. The EDA shall be responsible for all costs including, but not limited to, transfer taxes, title policy premiums and recording costs. 6. The City Parcel. If the Redeveloper shall have acquired title to the Sill Parcel on or prior to August 1, 2004 the Redeveloper shall have and is hereby granted an option to purchase the City Parcel for $1, which option may be exercised by the Redeveloper upon 30 days' notice to the EDA at any time prior to April 1, 2012 if, but only if, the Redeveloper has also acquired title to the Remaining Parcel and has entered into an agreement satisfactory to the EDA to develop the Site. The City Parcel shall be conveyed to the Redeveloper by limited warranty deed which, unless otherwise agreed as part of a redevelopment agreement, may provide for reversion of the City Parcel to the EDA or right of re-entry with respect to the City Parcel in the event the Project is not completed by April 1, 2012. 7. The Project. The Project will consist of the redevelopment of the Site to include an approximately 255,000 square foot Class A office building or corporate campus to be constructed in accordance with the design standards for the Cedarvale Redevelopment Project Area. 8. Public Assistance. In order to achieve the foregoing redevelopment, it is anticipated that a definitive redevelopment agreement, if any, will contain provisions addressing a variety of forms of public assistance which may be necessary in order to accomplish the redevelopment. The EDA has no obligation hereunder to enter into any redevelopment agreement in any form and the Redeveloper acknowledges that the EDA has not made any commitments in that regard. No commitment is presently being made to 4 17 provide any form of public assistance and the Redeveloper acknowledges that the neither the EDA nor the City of Eagan has made any representations that assistance will be available. Examples of public assistance that may ultimately be agreed upon, include, but are not limited to, the following: a. Site Assembly. The EDA will consider acquisition of the Remaining Parcel based upon terms and conditions contained in the redevelopment agreement. Acquisition may be through negotiated purchase, or condemnation or a combination. Acquisition by the EDA shall be considered only after the Redeveloper has demonstrated good faith efforts to purchase the property, and these efforts have been unsuccessful. b. Tax Increment Financing. The EDA has approved a tax increment financing district which includes the Redevelopment Property and agrees to give due consideration to any such request for tax increment assistance for the Project. C. City Parcel Environmental Issues. The EDA will consider reimbursement for all or a portion of environmental clean-up related to the City Parcel. 9. Redeveloper's Proposed Use, Minimum Improvements. Any redevelopment agreement will include a description of the minimum improvements to be made by the Redeveloper pursuant to plans which are acceptable to and approved by the EDA as part of the redevelopment agreement. 10. Ownership. It is expected that any final redevelopment proposal will provide that the Project will be sold by the Redeveloper, or its assignee, to parties acceptable to the city. 11. Contingencies. It is expected that any redevelopment agreement will address the following items, which the parties acknowledge may be material to the Project: a. Determination of the portion of tax increment from the tax increment financing district, if any, which will be made available to the Redeveloper; b. The acquisition of all or part of the Redevelopment Property by direct purchase or condemnation, on such terms and conditions acceptable to the EDA and as determined by the EDA in its sole and absolute discretion. c. Acceptance by the Redeveloper of a Phase I and, if requested, Phase II environmental assessment and all other environmental and wetland reports and surveys certified to the Redeveloper and its lender, deemed necessary by the EDA and the Redeveloper for all of the property located within the Project, U a which reports and surveys must be satisfactory to the EDA and the Redeveloper; d. The EDA and the Redeveloper have obtained all necessary approvals for the Project from any participating governmental unit, including but not limited to any necessary watershed district; e. All zoning modifications, rezoning approvals and conditional use permits necessary to allow the Project to move forward have been granted; f. The title for the Redevelopment Property shall have been found acceptable to the Redeveloper in its sole discretion; g. Testing results are satisfactory to the Redeveloper including, but not limited to, soils, well, engineering, hazardous waste, and environmental reviews; h. Financing acceptable to the Redeveloper is obtained; i. The EDA agreeing to cooperate with the Redeveloper's lender or lenders and agreeing to execute any and all reasonable documents including typical subordination documents with respect to said lenders or any replacement lenders, provided that the EDA may refuse to enter into any such documents if it, in its reasonable discretion determines that to do so would create an unreasonable risk to it, jeopardize any of its security, or make it less likely that the Project would be developed as contemplated. j. Agreement on maximum density of the Site and applicable setback requirements. 12. Termination. This Agreement may be terminated prior to April 1, 2012 in accordance with the provisions of paragraph 2 above. 13. Legislative Judgment. The Redeveloper understands that many of the actions which may be necessary for the Project and may be contemplated by a redevelopment agreement involve matters of the Board of Commissioners' discretion, and in some instances, its legislative judgment. Such actions may only be made following established procedures, and the EDA cannot and does not agree, in advance, to any specific decision in such matters. 14. Consultants to be retained. The EDA intends to retain the services of Faegre & Benson LLP, and Ehlers & Associates, Inc. upon the execution of this Agreement. Faegre & Benson is being retained to assist with legal matters pertaining to redevelopment financing. Ehlers & Associates, Inc. is being retained to assist the EDA in the technical matters such as project management, financial feasibility, tax increment procedures and calculations, and other factors pertaining to any claim for economic assistance. The fees and expenses of such consultants will be paid by the EDA for the period up to the execution of a 6 a. q definitive redevelopment agreement, and the responsibility for additional costs of such consultants shall be as provided in the redevelopment agreement. 15. Notices. All notices and other communications shall be directed to the Redeveloper at: United Properties Investment LLC 3500 American Boulevard West, Suite 22 Bloomington, NIN 55431 Attn: Brian P. Carey All notices and other communications shall be directed to the EDA at: Eagan Economic Development Authority City Hall 3830 Pilot Knob Road Eagan, MN 55122-1810 7 cgcwu IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the date and year first above written. UNITED PROPERTIES INVESTMENT LLC EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: By: Its Its: President By: Its: Executive Director CITY OF EAGAN By: Its: Mayor And Its: City Clerk 8 6 00 STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me, a notary public, this day of , 2004, by , and the and of United Properties Investment LLC, a Minnesota limited liability company. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me, a notary public, this day of , 2004, by , and the President and Executive Director of Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me, a notary public, this day of , 2004, by , and the Mayor and City Clerk of the City Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public M1:882187.08 a9 ~ Agenda Information Memo July 6, 2004 Eagan Eagan Economic Development Authority Meeting E. NEW BUSINESS 2. RESOLUTION APPROVING PURCHASE, LEASE BACK AND RELOCATION AGREEMENTS WITH EAGAN PET CLINIC FOR THE ACQUISITION OF PROPERTY FOR REDEVELOPMENT PURPOSES, CEDAR GROVE REDEVELOPMENT AREA. ACTION TO BE CONSIDERED: To approve or deny a Resolution Approving The Purchase, Lease Back and Relocation Agreements between the City and the Eagan Pet Clinic for the acquisition of property located in the Nicols Ridge development project of the Cedar Grove Redevelopment Area. FACTS: • The City of Eagan and the Eagan Economic Development Authority previously authorized staff and the City Attorney to proceed with acquisition of the Eagan Pet Clinic property located on the south side of Cedar Grove Parkway in the Nicols Ridge development area in the Cedar Grove Redevelopment District. The purpose of the acquisition is to permit land assembly to bring about the redevelopment of the area consistent with the goals outlined in the Cedar Grove Redevelopment Plan and the previously approved TIF Development Agreement between the City and US Home for the development of the Nicols Ridge project, a 230 unit rowhome and condominium development. • Staff and the City Attorney were able to reach an agreement with the property owners through mediation that they believe to represent a fair market value of the property, including a lease back of the property to the business owners for a period of up to 18 months to permit the owners to construct a building at their new location elsewhere in the City and expedite their relocation to that space. The purchase price of $600,000 was based upon an appraised value and negotiation regarding specific aspects of the property and the transaction. • Under the agreement the City and the developer will have access to the south portion of the site to conduct grading and other development activities that may be necessary to facilitate the Nicols Ridge development if that is necessary within the period of the lease back. ATTACHMENTS: • EDA Resolution approvin the Acquisition, Lease Back and Relocation Agreements on pages V • City Council Resolution ap rovi g the Acquisition, Lease Back and Relocation Agreements on pages • Site map on page • Agreements on pages ~6k (L ~a3 CITY OF EAGAN RESOLUTION APPROVING PURCHASE, LEASE BACK AND RELOCATION AGREEMENTS WITH EAGAN PET CLINIC FOR THE ACQUISITION OF PROPERTY FOR REDEVELOPMENT PURPOSES, CEDAR GROVE REDEVELOPMENT AREA BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to adopt a Resolution to approve the Purchase, Lease Back and Relocation Agreements between the City and the Eagan Pet Clinic for the acquisition of property located in the Nicols Ridge development project of the Cedar Grove Redevelopment Area. 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 6th day of July, 2004 Jon Hohenstein, Secretary/Deputy Executive Director i CITY OF EAGAN RESOLUTION APPROVING PURCHASE, LEASE BACK AND RELOCATION AGREEMENTS WITH EAGAN PET CLINIC FOR THE ACQUISITION OF PROPERTY FOR REDEVELOPMENT PURPOSES, CEDAR GROVE REDEVELOPMENT AREA BE IT RESOLVED by the Eagan City Council to approve the Purchase, Lease Back and Relocation Agreements between the City and the Eagan Pet Clinic for the acquisition of property located in the Nicols Ridge development project of the Cedar Grove Redevelopment Area. 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 6th day of July, 2004. Maria Petersen, City Clerk O- C)5 i Jr / CGj w: < , ■ I _ '`r;/ ~i' lo-,' i Eagan Pet Clinic Alm- ti o t Nico s Ridge Development Area 's s \ p Ow. ♦ r CARNELI A li , y SAee rREi Legend Location Map IRCG Redevelopment Area Nicols Ridge Development Area Cedar Grove Redevelopment Area Parcels N Eagan Pet Clinic Location Building - Road 0 350 700 1,400N 6/18/04 - RBB Clean Version PURCHASE AGREEMENT The undersigned, Eagan Economic Development Authority, a Minnesota municipal corporation, hereinafter referred to as "Buyer", hereby agrees to purchase from Hansen-Metcalf Enterprises, a partnership consisting of Bruce A Hansen and Timothy P. Metcalf, hereinafter collectively referred to as "Seller," certain real estate in Dakota County, Minnesota and legally described as follows: That part of the Northeast Quarter of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South he of said Northeast Quarter, said point being 1155.73 feet East of the center of said Section 19, thence Northwesterly at an angle of 55 degrees, 34 minutes to the South line of said Northeast Quarter to the centerline of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 120 feet, thence Southeasterly and parallel with the first described line 624.2 feet, thence Southerly to a point on the South line of said Northeast Quarter, said point being 98.5 feet East of the point of beginning, thence west along said quarter line 98.5 feet to the point of beginning, Dakota County, Minnesota according to the Government Survey thereof. (the "Property"). upon the terms and conditions hereinafter set forth: 1. Purchase Price. The purchase price for the Property shall be $600,000.00. The Seller has waived any right it may have to payment of relocation benefits, as provided in the Waiver of Relocation Benefits/Indemnification Agreement in the form and text of Exhibit "A" attached hereto. 2. Payment of Purchase Price. The purchase price shall be paid as follows: a. $1.00 by cash, the receipt of which is hereby acknowledged. b. $599,999.00 shall be payable in cash or certified funds on the date of closing. C;i- 3. Title and Remedies. The Seller shall, within ten (10) 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 pay the reasonable cost of having the Abstract of Title or Registered Property Abstract certified to date. The Buyer shall be allowed ten (10) days after receipt thereof for examination of title and the making of any objections thereto, all objections to be made in writing or deemed to be waived. If any objections are so made, the 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 the 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. If the title to the property shall be found marketable or shall be so made within the time specified herein, and Buyer shall default in any of the agreements and continue in default for a period of 10 days after written notice to Buyer, then the Seller may terminate this Agreement, time being of the essence hereof. 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 the real estate taxes in all subsequent years. Seller shall be responsible for any deferred real estate taxes (i.e., Green Acres taxes) due for the Property, 2 i &A'4w • a which shall be paid at closing. Buyer represents that it has made reasonable inquiry and has determined that there are not currently any deferred real estate taxes due for the Property. 5. Special Assessments and Development Charges. Seller shall be responsible for, and shall pay at the closing, any special assessments levied against the Property as of the date of this Agreement. Buyer shall assume any special assessments pending against the Property on or after the date of this Agreement. Buyer represents that it has made reasonable inquiry and has determined that there are not currently any special assessments levied against the Property. 6. Well Disclosure/SWtic System Disclosure. Seller shall provide a well(s) disclosure and septic(s) disclosure within ten days following execution of this Agreement. Buyer shall be responsible for capping and sealing any well on the Property and for removing any septic system existing on the Property. 7. Closing. Closing shall take place on or before July 15, 2004, at any location in Dakota County designated by Buyer, time being of the essence. 8. Fixtures and Improvements. Prior to the Closing, Seller and Buyer shall work to identify all trees that will be preserved in the development of the Property. After Seller and Buyer reach agreement concerning which trees will be preserved, Seller may remove any other trees from the Property prior to closing. 9. 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 all liens and encumbrances, subject to the following: 3 LO &a 4 A? - - - D a (No (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; and (D) Reservation of any mineral rights by the State of Minnesota. (the "Permitted Exceptions"); H. Execute and deliver an Affidavit of Seller indicating the absence of judgments, mechanic's liens, bankruptcy, etc.; iii. Provide a FIRPTA Affidavit; iv. Execute and deliver the Waiver of Relocation Benefits/Indemnification Agreement in the form and text of Exhibit "A" attached hereto; V. Execute and deliver a Lease between the Seller and the Buyer for the building on the Property in the form and text of Exhibit "B;" and vi. Pay recording fees for any corrective instruments required to remove encumbrances and place marketable title in Buyer's name. b. Buyer shall: i. Make the necessary payments as required under Paragraph 2 of this Agreement; ii. Execute and deliver the Lease in the form and text of Exhibit "B;" iii. Pay all costs related to updating the Abstract of Title and the issuance of any Title Insurance Commitment; iv. Pay all recording fees and charges related to the filing of the Warranty Deed; V. Pay the Title Insurance Policy Premiums and closing fee charged by the title company, if any; and vi. Pay the state deed tax. C. Each party shall execute such other instruments, certificates and affidavits as the other party's attorney reasonably may request. 4 10. Representations, Warranties and Covenants of Seller. a. General. Seller represents, warrants and covenants to Buyer, as of the date hereof and as of the Closing, that: i. Seller is not a "foreign person," foreign partnership," "foreign trust," or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. ii. Seller has not received notice of any default (nor is there any default) under any note, mortgage or contract for deed related to the Property, and Seller covenants to not default thereunder nor to grant any liens, leases, easements, options, rights of refusal or contracts with respect to the Property; iii. Except as otherwise provided herein, at Closing, Seller will have and will convey to Buyer good and marketable fee simple title to the Property free and clear of any and all encumbrances except the Permitted Exceptions; iv. Seller does not know of any underground or above ground storage tanks currently or formerly located on the Property. b. Specific Environmental Representations and Warranties. Seller represents, warrants and covenants to Buyer, as of the date hereof and as of the Closing, that to the best of its knowledge it has not 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 Subject Property; or H. taken any action in "response" to a "release" in connection with the Subject Property; or iii. otherwise knowingly engaged in any activity or knowingly omitted 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 Subject Property, 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. 5 031 &AW14W 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. C. Indemni . Seller shall indemnify, defend and hold Buyer, its successors and assigns harmless from and against all fines, penalties, liabilities, claims, suits, actions, damages, losses, costs and expenses including, without limitation, consequential damages and the cost of any environmental remediation, removal, response, abatement, clean-up, investigation and monitoring, directly or indirectly, and in whole or in part, arising out of or attributable to a breach of any of the representations, warranties or covenants of Seller in Paragraph 10 of this Agreement. d. Remedv. In the event that any of Seller's representations, warranties or covenants set forth in this Agreement are not true and correct as of the Closing, Buyer may, in addition to its other remedies, terminate this Agreement. e. Update and Survival of Representation. Warranties. Covenants and Indemnity. i. Notwithstanding anything to the contrary contained herein, the representations, warranties and covenants in this Agreement shall be deemed remade as to the Property as of Closing. ii. If any of the representations, warranties and covenants contained herein are or become untrue or incorrect before Closing, Seller shall use Seller's good faith best efforts to take reasonable action to make such representations, warranties and covenants true and correct as of the Closing. iii. The representations, warranties and covenants and the indemnification provisions in this Agreement shall survive Closing or any termination of this Agreement and shall not be merged therein. 6 a~ ~ 11, Notices. Any notices under this Agreement shall be delivered personally or mailed to the respective parties by U.S. mail, at the following respective addresses: To the Seller: Hansen-Metcalf Enterprises Attn: Bruce A. Hansen and Timothy P. Metcalf 3990 Cedar Grove Parkway Eagan, MN 55122 With a Copy to: Gary Hansen, Esq. Oppenheimer, Wolff & Donnelly, LLP Plaza VII, Suite 3300 45 South Seventh Street Minneapolis, MN 55402-1609 To the Buyer: 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 12. Headings. The headings contained herein are for the purpose of convenience only and are not intended to define or limit the contents of such section or paragraph. 13. 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. 14. 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. 7 a32 15. 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 may cancel this Agreement as Seller's sole and exclusive remedy. 16. Commission. Seller shall pay any commission to any broker or agent that is due or arising in connection with the entering into of this Agreement, the sale or purchase of the Property, or the consummation of the transactions contemplated herein. Seller agrees to indemnify and hold Buyer harmless from and against all liability, loss, cost, damage or expense, which Buyer shall suffer or incur because of any claim by a broker, agent, or finder claiming by, through or under, for any compensation with respect to the entering into of this Agreement, the sale or purchase of the Property or the consummation of the transactions contemplated herein. 8 a3 f IN WITNESS WHEREOF the parties have executed this Agreement this day of C , 2004. LLt& SELLER: 1/ BUYER: HANSEN-METCALF ENTERPRISES, EAGAN ECONOMIC DEVELOPMENT a partnership consisting of Bruce A Hansen AUTHORITY, a N mnesota municipal and Timothy P. Metcalf corporation By: By: Bruce A. Hansen Pat Geagan Its: Partner Its: President By: By: Timothy P. Metcalf Thomas L. Hedges Its: Partner Its: Executive Director 9 (6/28/04 RBB Clean Version) LEASE This is a legal agreement between the Tenant and the Landlord to rent the Building described below. The word LANDLORD as used in this Lease means the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a M[iinnesota municipal corporation. The word TENANT as used in this Lease means Hansen-Metcalf Enterprises, a Minnesota partnership, and Eagan Pet Clinic, P.A, a Nfinnesota professional association. The entity authorized to reside in the Building during the term of this Lease is: Eagan Pet Clinic, PA and any subtenant that has been approved by the City of Eagan. This Lease is a legal contract that can be enforced in court against the Landlord or the Tenant if either one of them does not comply with the Lease. 1. Description of Building. The building is located at 3990 Cedar Grove Parkway, in the City of Eagan, County of Dakota, State of Nfinnesota. The Building is located on property legally described as follows: That part of the Northeast Quarter of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said Northeast Quarter, said point being 1155.73 feet East of the center of said Section 19, thence Northwesterly at an angle of 55 degrees, 34 minutes to the South line of said Northeast Quarter to the centerline of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 120 feet, thence Southeasterly and parallel with the first described line 624.2 feet, thence Southerly to a point on the South line of said Northeast Quarter, said point being 98.5 feet East of the point of beginning, thence west along said quarter line 98.5 feet to the point of beginning, Dakota County, Minnesota according to the Government Survey thereof. (the "Property"). 2. Term of Lease. This Lease is for a fixed term from , 2004 and ending no later than eighteen (18) months thereafter, time being of the essence. Tenant may terminate the lease at any time earlier than the end of the term and shall not be liable for payment of rent beyond the period of occupancy. 3. Rent a. Amount. The rent for the Building is One Dollar ($1.00) per year for the first twelve months of occupancy, the receipt of which is hereby acknowledged. The rent for the Building for the thirteenth through fifteenth months of occupancy c2% D gD Aral @* shall be $1,000.00 per month and for the sixteenth through eighteenth months of occupancy shall be $6,000 per month. b. Payment. The rent payment for each month must be paid before the first day of each month at Landlord's address. Landlord does not have to give notice to Tenant to pay the rent. Tenant understands that Landlord will not accept a partial payment of rent. 4. Acceptance/Quiet Enjoyment. Tenant accepts the condition of the Building and surrounding property in an "as-is" condition. If Tenant complies with the provisions of the Lease, Tenant may use the Building for the term of this Lease. 5. Use of Building. The Building must be used only as a veterinary clinic and for no other purpose. The Tenant may not use the Building for unlawful activity. In particular, Tenant agrees that (a) Tenant will not unlawfully allow controlled substances in the Building; and (b) the property will not be used by the Tenant or others acting under his or her control to manufacture, sell, give away, barter, deliver, exchange, distribute, or possess a controlled substance in violation of any local, state, or federal law, including Minn. Stat. Chapter 152. This agreement by Tenant is not violated if a person other than Tenant possesses or allows controlled substances in the Building or on the property unless the Tenant knows or has reason to know of the activity. 6. Maintenance and Repair. a. By Landlord. Since Tenant has occupied the Building for a number of years and this Lease is for a short duration, Landlord has no responsibility whatsoever for maintenance or repair of the Building or any of its utility systems, including but not limited to the heating, electrical, plumbing or air conditioning systems. b. By Tenant. Tenant promises, at Tenant's expense, to maintain the Building (including its utility systems, e.g. the heating, electrical, plumbing or air conditioning systems) and surrounding property in a neat and orderly condition. Tenant agrees to eliminate any violation of health and safety laws that result from the negligent, willful, malicious or irresponsible conduct of the Tenant or the Tenant's family, agent or guest. Tenant shall comply with all the sanitary laws affecting the cleanliness, occupancy and preservation of the Building. 7. Alterations/Removal of Personal Property from the Building. Tenant may not make any material alterations to the Building absent the Landowner's written consent. During the term of this Lease, Tenant may remove any and all portions of fixtures, improvements and personal property provided, Tenant may not remove any load bearing walls or cause any unsafe condition (e.g. exposed wires, pipes, etc.). Tenant acknowledges that Landlord intends to resell the property to a developer and that the developer intends to undertake grading at the property during the term of this Lease. 2 aC3 D 4 D ® a Landlord agrees that such grading will not occur closer than 90 feet to the rear of the Building on the property. 8. Damage to Building. If the Building is damaged or destroyed, other than by fault of Landlord or the developer described in Paragraph 7, Landlord may terminate this Lease immediately and may decide not to rebuild the Building. For purposes of this paragraph, the Building is deemed damaged or destroyed if the Building is damaged by more than 25% as determined by the City's Building Inspector. 9. Utilities. Tenant shall pay for all utilities, including electric, gas, telephone, water, etcetera. 10. Insurance. Tenant shall, at Tenant's expense, procure liability and personal property insurance for the term of the Lease listing Landlord as additional insured and indemnifying Landlord from any claim relating to Tenant's tenancy of the Subject property. The amount of insurance coverage must be approved by Landlord prior to the commencement of the Lease term. Such insurance shall be provided by an insurance company acceptable to Landlord. 11. Right of Entry. Landlord and Landlord's agents may, upon prior written notice to Tenant, enter the Building at reasonable hours to inspect the Building and perform any work that Landlord decides is necessary. 12. Assignment and Subletting. Tenant may not assign this Lease, lease the Building to anyone else (sublet), sell this Lease or permit any other person to use the Building without the prior consent of the Landlord. If Tenant does, Landlord may terminate this Lease. Any assignment or sublease made without Landlord's written consent will not be effective. 13. Termination. Tenant shall move out of the Building when the Lease term ends. Tenant may not renew the Lease, time being of the essence. 14. Surrender of Premises. Tenant shall move out of the Building when this Lease ends. When Tenant moves out, Tenant shall leave the Building in a "broom clean" condition and as it was when the Lease started, with the exception of reasonable wear and tear and with the exception of the removal of fixtures, improvements, and personal property, as provided herein. All personal property, garbage, debris, and materials known to Tenant to be hazardous must be removed at Tenant's cost. Tenant is not required to remove fixtures or improvements. Upon surrender of Premises, Tenant may leave a sign not exceeding two feet by three feet on the front door of the Building or on the permanent sing at the front of the Property, advising clients of the Tenant's new location. Landlord will permit the sign to be displayed and will ask the developer to which Landlord intends to resell the Property to permit the sign to be displayed for at least 90 days after surrender of the Premises unless the developer determines that it needs to remove the Building or the permanent sign at an earlier date after surrender of the Premises. 15. Abandonment. If Tenant moves out of the Building before the end of this Lease and Tenant fails to provide seven (7) days written notice to Landlord, Landlord may bring a legal 3 a~~ D O D e ~ action to recover possession of the Building. If Landlord recovers possession of the Building after Tenant moves out, then Landlord may consider Tenant's personal property in the Building to also have been abandoned. Landlord may then dispose of the personal property in any legal manner. 16. Indemnification. Tenant shall indemnify and save harmless Landlord against all liabilities, damages, claims, fines, penalties, costs and other expenses, which may be imposed upon, incurred by or asserted against Landlord by reason of all of the following: (a) any use or condition of the Premises or any part thereof, (b) any personal injury or property damage occur- ring on the Premises; (c) any negligence on the part of Tenant, its agents, contractors, licensees or invitees; (d) any failure to comply with any requirement of any governmental authority; (e) any prosecution or defense of any suit or other proceeding in discharging the Premises or any part thereof from any liens, judgments or encumbrances created upon or against the same or against Tenant's leasehold estate; (f) any proceedings in obtaining possession of the Premises after the termination of this Lease by forfeiture or otherwise; (g) any litigation commenced by or ` against Tenant to which Landlord is made a party without any fault on the part of Landlord; (h) any response costs, other damages and expenses which may be imposed upon, incurred by or asserted against Landlord by reason of the use, release, threatened release or disposal of Hazardous Wastes at the Premises; and (i) any failure on the part of Tenant to perform or comply with any covenant or agreement required to be performed or complied with by Tenant hereunder. 17. Default. If Tenant violates a term of this Lease and Landlord does not terminate this Lease or evict Tenant, Landlord may still terminate this Lease and evict Tenant for any other violation of this Lease. If contraband or a controlled substance manufactured, distributed, or acquired in violation of Minnesota law is seized in the Building or on the property on which the Building is located incident to a lawful search or arrest, and if Tenant has no defense under Minnesota Statues Section 609.5317, Tenant shall have no further right to possession of the Building, and Landlord may bring an eviction action against Tenant. 18. Heirs and Assigns. The terms of this Lease apply to the Tenant and Landlord. The terms of this Lease also apply to any heirs, legal representatives and assigns of Tenant or Landlord. 4 C::Qz?~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. LANDLORD: EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Pat Geagan Its: President By: Thomas L. Hedges Its: Executive Director TENANT: EAGAN PET CLINIC, P.A., a Minnesota professional association By: Its: TENANT: HANSEN-METCALF ENTERPRISES, a Partnership consisting of Bruce A. Hansen and Timothy P. Metcalf By: 1~----v Bruce A Hansen Its: Partner By: Timothy P. Met alf Its: Partner 5 a~a D o ~D o QW STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2004 by Pat Geagan and Thomas L. Hedges, respectively the President and Executive Director of the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me thisW,4dO day of ar t 4- 2004, by Bruce A. Hansen and Timothy P. Metcalf the Partners of Hansen- Metcalf nterprises, a partnership consisting of Bruce A. Hansen and Timothy P. Metcalf. VgUCHERFFE~HIG PUBLIC -MINNESC`TA com-AM On Expos ion. 31,2r.5 N taryblic STATE OF MINNESOTA) )ss. COUNTY OF P e0 r The foregoing instrument was acknowledged before me this .'NO day of G. 2004, by i1'JoTiil S/ ~1d1'Ce4-LF and the 2!&- 5l00/y~- and- of Eagan Pet Clinic, P.A., a Minnesota professional association, on behalf of the professional association. t:: JLYNWUCHERPFEN . raoTMY PUBLIC - MINNESOTA Caa~eeiwlon Expirzr Jan. 31, 2oC5 Not Pub 6 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SBELDON, DOUGBERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (MDK: 206-20268) 7 a (6/28/04 RBB Clean Version) WAIVER OF RELOCATION BENEFITS/INDEMNIFICATION AGREEMENT THIS AGREEMENT is entered into this day of , 2004, by and between Eagan Economic Development Authority, a Minnesota municipal corporation ("EDA"), and Hansen-Metcalf Enterprises, a partnership consisting of Bruce A. Hansen and Timothy P. Metcalf ("Landowners"); and Eagan Pet Clinic, P.A., a Minnesota professional association ("Tenant"). RECITALS: A. Landowners are the owners of a building located on real property in Dakota County, Minnesota, and legally described as follows: That part of the Northeast Quarter of Section 19, Township 27, Range 23, described as follows: Beginning at a point on the South line of said Northeast Quarter, said point being 1155.73 feet East of the center of said Section 19, thence Northwesterly at an angle of 55 degrees, 34 minutes to the South line of said Northeast Quarter to the centerline of the Old Sibley Highway as now used, thence Northeasterly along the centerline of said road 120 feet, thence Southeasterly and parallel with the first described line 624.2 feet, thence Southerly to a point on the South line of said Northeast Quarter, said point being 98.5 feet East of the point of beginning, thence west along said quarter line 98.5 feet to the point of beginning, Dakota County, Minnesota according to the Government Survey thereof. (the "Subject Property"). B. Tenant has an interest as Lessee in the Subject Property. C. EDA desires to acquire Landowners' and Tenant's possessory interest in the Subject Property and Landowners and Tenant acknowledge that such acquisition is not in lieu of eminent domain, but rather, a voluntary sale to the EDA. D. Landowners, Tenants and EDA have reached an agreement for EDA to pay $600,000.00 to Landowners to purchase the Subject Property and for Landowners and Tenant to waive any right they may have to receive relocation benefits pursuant to MnNN. STAT. § 117.52 or other applicable laws. C~2 3 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, EDA, Landowners and Tenant agree as follows: SECTION ONE RELOCATION BENEFITS 1.1 Landowners and Tenant waive any right they may otherwise have to payment of relocation benefits pursuant to NUNN. STAT. § 117.52 or other applicable laws, including without limitation any payment for moving expenses or reestablishment expenses. 1.2 Landowners and Tenant acknowledged that the sole Shareholders of Tenant are Bruce A. Hansen and Timothy P. Metcalf, the same individuals that are Landowner's sole partners. SECTION TWO VACATION OF SUBJECT PROPERTY 2.1 Landowners and Tenant shall vacate the Subject Property pursuant to the terms of a separate Lease Agreement. SECTION THREE RELOCATION OBLIGATION SATISFIED/WAIVER OF CLAIMS/INDEMNIFICATION 3.1 Landowners and Tenant expressly acknowledge that this Agreement shall fully satisfy any obligation of the EDA to provide alleged relocation assistance as may be required under applicable law. Landowners and Tenant expressly waive any other claims against EDA (on Landowners' behalf and on behalf of their heirs 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 Landowners shall indemnify and hold the EDA harmless from any and all claims that may be made by Tenant or any other past or present occupant of the Subject Property for any claim of relocation benefits. This indemnification includes, but is not limited to, the amount of any alleged relocation benefits as well as reasonable attorneys' fees, costs and expenses incurred by the EDA in defending or paying such claim. a2 ~y~ SECTION FOUR MISCELLANEOUS 4.1 The covenants, representations, warranties and indemnifications set forth herein shall survive the closing of this transaction. 4.2 Landowners, Tenant 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. Landowners and Tenant, 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 Landowners, Tenant 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 parry 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. 3 /-/IS- 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 Landowners and Tenant have had the opportunity to be represented by legal counsel in the negotiation of this Agreement and fully understand EDA's obligation to provide relocation assistance. SECTION FIVE REPRESENTATION BY COUNSEL 5.1 Landowners and Tenant expressly acknowledge and agree that, prior to execution of this Agreement, their legal counsel has explained the contents of this Agreement to them and to their full and complete satisfaction. Landowners and Tenant further acknowledge and agree that they have throughout been fully and adequately represented by legal counsel retained by them and they have fully been advised by legal counsel of their respective rights and obligations under this Agreement. The Tenant acknowledges that it has been represented by the same counsel as the Landowners and have been advised of its opportunity to obtain separate counsel to review this Agreement, the Purchase Agreement and the Lease, and it has knowingly elected not to obtain such counsel and knowingly waives any rights it may have to any eligible relocation expenses. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Pat Geagan Its: President By: Thomas L. Hedges Its: Executive Director STATE OF 1VIlNNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2004, by Pat Geagan and Thomas L. Hedges, respectively the President and Executive Director of EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public LANDOWNER: HANSEN-METCALF ENTERPRISES, a Partnership consisting of Bruce A. Hansen and Timothy P. Metcalf By: 145) I-IC .r Bruce A. Hansen Its: Partner By. ,z' / . Timothy P. Metcalf Its: Partner STATE OF MINNESOTA) )ss. COUNTY OF VqV01'4 ) The foregoing instrument was acknowledged before me this -"Dday of 2004, by Bruce A. Hansen and Timothy P. Metcalf, the Partners of Hansen-Mete f *Eerprises, a partnership consisting of Bruce A. Hansen and Timothy P. Metcalf. ary 11C WARY FLMSUC-M4AWEKbT 1.. NO l ;Pu' as TENANT: EAGAN PET CLINIC, P.A., a Minnesota professional association Its: By: Its: S« •~~-c.~., STATE OF MINNESOTA) )ss. COUNTY OFD !CO P The foregoing instrum t was acknowledged befor me this day of J u L 209, by T m p and ACU11G the R es1 pwiv`r and ~~RE I9` S u Q g of Eagan Pet Clinic, P.A., a Minnesota professional association, on behalf of the professional association. l N07M2Y PUSUC - N%NhEP0TA No lic Ny Candaoiwfon Exams Aft 31, 2rZ ~ APPROVED AS TO FORM: By: Gary Hansen 6 i Agenda Information Memo Eagan Economic Development Authority Meeting July 6, 2004 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Commission meeting. a \ V-L Minnesota Lawful Gambling Page 1 of 2 3/01 For Board Use Only LG220 - Application for Exempt Permit Fee - $25 Fee Paid Organization Information Check No. Organization name Previous lawful gambling exemption number EX- / r 3 ~)60S ~ Street ~'dy City State/Zip Code County --173 6 s~'a,eFv.03'i AV w . r I Me ,4-/ Name of chief executive officer (CEO) First name Last name Daytime phone number of CEO /s X, A :~IPAI-j 7dr-a Name of treasurer Daytime phone number of First name Last name treasurer: Type of Nonprofit Organization Check the box that best describes your organization: ❑ Fraternal ❑ Religious ❑ Veteran ❑ Other nonprofii "organization Check the box that indicates the type of proof your organization attached to this application: ❑ IRS letter indicating income tax exempt status ❑ Certificate of Good Standing from the Minnesota Secretary of State's Office ❑ A charter showing you are an affiliate of a parent nonprofit organization Q Proof previously submitted and on file with the Gambling Control Board Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Address (do not use PO box) City State/Zip Code County Date(s) of activity (for raffles, indicate the date of the drawing) C /0 CZCt Check the box or boxes that indicate the type of gambling activity your organization will be conducting: ❑ *Bingo E3"Raffles (cash prizes may not exceed $12,000) ❑ *Paddlewheels ❑ *Pull-Tabs ❑ *Tipboards *Equipment for these activities must be obtained from a licensed distributor. This form will be made available in Your name and and your organization's the following: Board members, staff of the alternative format (i.e. large print, Braille) name and address will, be public information Board whose work assignment requires upon request. The information requested when received by thevoard. Athe other that they have access to the information; on this form (and any attachments) will be information that you prbyide will a private the Minnesota Department of Public Safety; used by the Gambling Control Board data about you until the Board is, ues your the Minnesota Attorney General; the (Board) to determine your qualifications to permit. When the Board issues your Minnesota Commissioners of be involved in lawful gambling activities in permit, all of the information that you have Administration, Finance, and Revenue; the Minnesota. You have the right to refuse to provided to the Board in the process of Minnesota Legislative Auditor, national and supply the information requested; however, applying foryour permit will become public. international gambling regulatory agencies; if you refuse to supply this information, the If the Board does not issue you a permit, anyone pursuant to court order; other Board may not be able to determine your all the information you have provided in the individuals and agencies that are qualifications and, as a consequence, may process of applying for a permit remains specifically authorized by state or federal refuse to issue you a permit. If you suppy private, with the exception of your name law to have access to the information; the information requested, the Board will and your organization's name and address individuals and agencies for which law or be able to process your application. which will remain public. legal order authorizes a new use or sharing Private data about you are available only to of information after this Notice was given; and anyone with your consent. LG220 - Application for Exempt Permit Page 2 of2 3/01 Organization Name F X e~isl e,r 7X11 d¢1'Pg C r~ Tip Local Unit of Government Acknowledgment If the gambling premises is within city limits, the If the gambling premises is located in a township, both city must sign this application. the county and township must sign this application. On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Check the action that Check the action that the city is taking on this application. the county is taking on this application. ❑ The city approves the application with no ❑ The county approves the application with no waiting period. waiting period. ❑ The city approves the application with a 30 day The county approves the application with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to'issue a permit after 30 days (60 days for a first class permit after 30 days. city). The county denies the application. The city denies the application. Print name of city Print name of county j(Signature of city personnel receiving application) (Signature of county personnel receiving application) Title Title ' Date Date TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2).] Print name of township (Signature of township official acknowledging application) Title Date Chief Executive Officer's Signature The information provided in this application is complete and accurate to the best of my knowledge. Chief executive officer's signature Name (please print) Date Mail Application and Attachments At least 45 days prior to your scheduled activity date send: • the completed application, If your application has not • a copy of your proof of nonprofit status, and been acknowledged by the • a $25 application fee (make check payable to "State of Minnesota"). local unit of government or Application fees are not prorated, refundable, or transferable. has been denied, do not Send to: Gambling Control Board send the application to the 1711 West County Road B, Suite 300 South Gambling Control Board. Roseville, MN 55113 LG220 - Application for Exempt Permit, Information Sheet 3/01 Who may be issued An exempt permit can be issued to nonprofit organizations conducting lawful gambling an exempt permit? activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. (Raffles: Total cash prizes for a raffle may not exceed $12,000.) Separate Complete a separate application for each occasion. An occasion may be either: applications 1. One day of gambling activity. required If your organization wants to conduct gambling activity on April 5, May 5, and June 5, you must submit a separate application and fee for each activity date. -OR- 2. Two or more consecutive days of gambling activity. • If your organization wants to conduct gambling on July 3, 4, and 5 at the same site, you may submit only one application and one fee. Raffle: If you are conducting a raffle, each day a drawing is held constitute$ one day of gambling. If drawings are held on more than five days in a calendar year, your organization must obtain an organization license, a gambling manager's license, and a premises permit. How. to obtain a copy of proof of nonprofit status Minnesota Secretary of State IRS Income Tax Exemption Certificate of Good Standing - Nonprofit Articles OR Under a national organization of Incorporation If your organization falls under a national organization, Attach a copy of your organization's Certificate ai tach both of the following: of Good Standing (317A) showing incorporation 1. a copy of the IRS letter showing that your national as a nonprofit organization. organization has been a registered nonprofit 501(c) } organization and carries a group ruling, and This certificate can be obtained from the 2. a copy of the charter, or letter from your national Minnesota Secretary of State: organization, recognizing your organization as a subordinate. Minnesota Secretary of State Not under a national organization Business Services Division If yoyr organization does not fall under a national 180 State Office Building organization, attach a copy of the IRS income tax St. Paul, MN 55155 exemption [501(c)] letter in the name of your Phone: 651-296-2803 organization, showing income tax exempt status. To obtain a copy of your federal income tax exempt letter, send your federal ID number and the date your organization initially applied for tax exempt status to: IRS Pb. Box 2508 Room 4010 Cincinnati, OH 45201 Sales tax exempt status or federal ID employer numbers are not proof of income tax exempt status. Financial report • A financial report form and instructions will be sent with your permit. and recordkeeping . Complete and return the financial report form to the Board within 30 days of your date of required activity. • Your organization must keep its gambling records for 3-1/2 years. Questions? Call the Licensing Section of the Gambling Control Board at 651-639-4000. If you use a TTY, you can call the Board by using the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to 651-639-4000. Or, check our Web site at www.gcb.state.mn.us. 51~~~ - _., '~ city of eagan TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 6, 2004 SUBJECT: UPDATE /JULY 6 REGULAR CITY COUNCIL MEETING RECOGNITIONS AND PRESENTATIONS MEMO Mayor Geagan has asked for a moment to thank the 4t" of July Celebration Committee for their work and volunteerism for an excellent 4t" of July celebration. Attached is a copy of an e-mail from Margo Danner that she requested for distribution to the Mayor and City Council. CONSENT AGENDA L. APPROVE Final Subdivision, Schwanz Addition -The final subdivision for Schwanz Addition will be continued to the July 20 meeting. M. APPROVE Final Pay Request, Eagan Community Center -The final pay request for Eagan Community Center is not ready for consideration and this item will be pulled from the agenda. NEW BUSINESS A. GEMSTONE -The City has received a letter from the General Manager of Gemstone requesting a continuance of the above-ground tank storage conditional use permit until the July 20 City Council meeting. They also have indicated in their correspondence, acopy is attached, that they are waiving the sixty-day action deadline requirement. EXECUTIVE SESSION There will be an Executive Session to discuss matters of collective bargaining with the Police Officers Union and an update on pending litigation which includes the McCarthy easement/acquisition for the retention basin access road and clarification on that access road to the lift station. /s/ Thomas L. Hedges City Administrator Attachments ~~ -d~/ ~..~ ~1'lay G ;,rte. ~..~~I, ~ w~~ ~ ~ ,~s~' QV~ ic~d~ vS ~~i,~o ~~ ~ ~ G~ ~ ~~ ~u ~ ~ ,~ ~--~ ~ ~ ~ ~1~. s~-~ -may ~~ ~~ `~~ ~~~ Page 1 of 2 Tom Hedges From: Tom Hedges Sent: Monday, July 05, 2004 7:15 PM To: 'Margo Danner' Subject: RE: July 4th Event Thank you Margo Thank you for this a mail and I will pass it on to the CC. This year was difficult for me, our daughter and husband is moving to L. A. in three weeks so he can work on his MBA at UCLA. Our family including Debbie's parents planned to meet at my Dad's cottages for a family celebration. It was fun but it presents a struggle for me because my heart is also with our festival. I have only missed 4 in 28 years; I will be present next year. I wish our family lived closer! I will pass on your very nice words; you are very unselfish and epitomize volunteerism in this community!! We will acknowledge these employees. Thanks for all you do! Tom -----Original Message----- From: Margo Danner [mailto:mrsmagoo@usfamily.net] Sent: Monday, July 05, 2004 1:45 PM To: Tom Hedges Subject: July 4th Event Thank you Hi Tom (Would you please pass this on to Mayor Geagan and the City Council also?) It is hard to believe that another July 4th Funfest has come and gone. It was an enormous task, to say the least, and this year we tried to do a few new things, as well as get situated on our new festival grounds. I think that we were successful and many people commented on the fun time we provided on this special weekend, in spite of the rain on Saturday. The spectacular fireworks made for a grand finale. The July 4th committee is small, with about four committed citizen volunteers. An event this large cannot be done by so few, so I want to thank you for providing a city staff that really makes this all happen. These people are the greatest. If we need something, it's done, we ask and we receive. They attend meetings starting in January and are accessible through July 4th and beyond as we plan for the next year. They take us over hurdles, have great ideas, they help get the kinks out of questionable situations and give us unending support. I am sure all this takes away from their regular City tasks. I hope you can see why I recommend the following for Employees of the Month or whatever other employee recognitions you provide. Give a BIG 'Thank You' to Joanna Foote, Jeff Asfahl, Paul Graham, the gals from the ECVB, Sue Hegarty and Ann Carlon, our police coordinator Officer Greg Johnson and the Community Center 7/6/2004 Page 2 of 2 staff who were so accommodating with the Miss Eagan pageant. Thanks to the City for allocating the funding that is so necessary to keep this tradition going, especially now that we have a permanent home for this festival and others to come. I than k you a l l.---------------------------------Just me, Margo PS. We missed you but know that you can't always be in two places at once. ------ USFamily.Net -Unlimited Internet -From $8.99/mo! 7/6/2004