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03/01/2005 - City Council RegularAGENDA E EAGAN CITY COUNCIL -REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING MARCH 1, 2005 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA ~„ A. APPROVE MINUTES 6 B. PERSONNEL ITEMS /~ C. CHECK REGISTERS D. APPROVE Joint Powers Agreement for the Dakota County Drug Task Force ap E. APPROVE Change Order #10, Contract 03-09 (Water Treatment Plant) ~3 F. RECEIVE Feasibility Report and Schedule Public Hearing for Project 778 (TH 149 Upgrade -Street Reconstruction) ~. ~~ G. APPROVE Amendment of Service Contract Cost for Hoisington Koegler Group for Expanded Northeast Eagan Traffic Study da 6 H. ACCEPT Resignation of Greg Wilken from the Economic Development Commission r ~~ I. ACCEPT Resignation of Clint Hooppaw from the Airport Relations Committee ~~Q3 d J. SCHEDULE Special City Council meeting for March 14, 2005 / 3 (K. APPROVE Final Plat -Mount Calvary Church located at 3390 Rahn Road in the NW '/. of Section 20 V. PUBLIC HEARINGS VI. OLD BUSINESS 3 J A. VARIANCE - Mittlestaedt Brothers - A Variance to exceed the maximum building lot coverage of 20% allowed in a I single family zoning by 2.6% on Lot 8, Block 1, Woodland Place located at NW '/. of Section 36. ~~ B. SITE PLAN MODIFICATION - Eagandale Business Center, LLC - A Modification to the site plan for Lot 2, Block 1, Eagandale Office Pazk Sa' Addition located at 1345 Corporate Center Curve in the NW '/. of Section 3. VII. NEW BUSINESS n tj~ ~ A. CONDITIONAL USE PERMIT -Star Pipe Products - A Conditional Use Permit to allow outside storage on Lot 5, ~" Block 1, Eagandale Corporate Square located at 3160 Neil Armstrong Blvd. in the NW '/, of Section 11. p6~ B. PLANNED DEVELOPMENT AMENDMENT -Birchwood Office Park - A Planned Development Amendment to 1 change the exterior of the building on Lots 4 & 5, Block 1, Birchwood Office Pazk located at 3356, 3352, 3348, 3344 Sherman Court. VIII. • CAPONI PROPERTY ACQUISITION 9 3 A. Agreements - Caponi Property Acquisition B. Authorize Membership on the Boazd of Directors of the Caponi Art Park ~1~I IX. NEW RUNWAY/AIRPORT UPDATE X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE XI. ADMINISTRATIVE AGENDA XII. ECONOMIC DEVELOPMENT AUTHORITY (There are no business items at this time) 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 C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURNMENT XIII. OTHER BUSINESS XIII. VISITORS TO BE HEARD (for those persons not on the agenda) XIV. CLOSED SESSION XV. 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. City of EaQa~ ~e~o To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: FEBRUARY 24, 2005 Subject: AGENDA INFORMATION FOR MARCH 1, 2005 CITY COUNCIL MTG ADOPT AGENDA After approval is given to the March 1, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo March 1, 2005 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 February 15, 2005 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the February 15, 2005 regular City Council meeting are enclosed on pages 3 through ~. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 15, 2005 A Listening Session was held February 15, 2005 at 6:00 prior to the regular City Council meeting. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on February 15, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Acting Mayor Fields, Councilmembers Carlson, Tilley and Maguire. Mayor Geagan was out of town. 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 Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as presented. Aye:4 Nay: 0 RECOGNITIONS AND PRESENTATIONS RETIREMENT OF RON GJORVAD Police Officer Ron Gjorvad who will be retiring on March 1, 2005 was recognized for his 22 years of service to the City. CONSENT AGENDA It was noted that item F regarding Thrifty Car Rental will be moved to Old Business. A. Minutes. It was recommended to approve the minutes of the February 1, 2005 regular City Council meeting, the January 25, 2005 special City Council meeting, the January 21-22, 2005 special City Council retreat and the January 11, 2005 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve hiring of Amanda Lukkes as a 9-1-1 Dispatcher. 2. It was recommended to approve the promotion of Sandra Flategraff from Dispatcher to Lead Dispatcher. 3. It was recommended to approve the hiring of Andrew Olson as a part-time ConcessionsBuilding Attendant at the Community Center. C. Check Re isg ters. It was recommended to ratify the check registers dated February 3, 2005 and February ~ ~ 2005 as presented. D. Contract 04-10. It was recommended to approve Change Order #1 to Contract 04-10 (North Water Treatment Plant -Landscaping and Irrigation) and authorize the Mayor and City Clerk to execute all related documents. E. Findings of Fact - Middlestadt Brothers. It was recommended to continue this item to the March 1, 2005 City Council meeting at the applicant's request to allow them to finalize revisions. F. Findings of Fact -Thrifty Car Rental. G. Contract 05-05. It was recommended to acknowledge receipt of bids and award Contract OS-O5, Cascade Bay pool restoration, to Abhe & Svoboda, Inc. in the amount of $380,255. H. Grant -Thresher Fields. It was recommended to authorize application of a grant from the State of Minnesota for enhancements to Thresher Fields and designate the march 14, 2005 Advisory Parks Commission meeting as the public hearing. I. Lease Agreement. It was recommended to approve a lease agreement between the City of Eagan and St. Croix Harley Davidson. Motion was made by Maguire, seconded by Tilley to approve the Consent Agenda as amended. Aye: 4 Nay: 0 3 Eagan City Council Meeting Minutes February 15, 2005 Page 2 OLD BUSINESS FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION OF DENIAL FOR PLANNED DEVELOPMENT AMENDMENT THRIFTY CAR RENTAL City Administrator Hedges and City Planner Ridley discussed the background of this item regarding a request made at the February 1, 2005 Council meeting for a Planned Development Amendment to allow outdoor storage of up to 10 cars in the parking ]ot for the Thrifty Car Rental located at 1964 Rahncliff Court, #100. The applicant was not present at the February 1 meeting to answer questions of the Council in regard to maintenance of the rental vehicles on the site. Joel Simmons representing Thrifty Car Rental discussed the proposed plans with the Council and stated that the majority of maintenance of vehicles would be take care of off-site. Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve a Planned Development Amendment to allow up to 10 cars to be stored onsite for Thrifty Car Rental, located at 1964 Rahncliff Court, Suite 100, Lot 2, Block 3, Rahncliff2°d Addition, in the NE'/. of Section 32 subject to the following conditions: Aye: 3 Nay: 1 (Carlson opposed) The Planned Development Amendment Agreement must be executed and recorded. Storage of the vehicles shall occur on the east side of the building. The total number of vehicles stored onsite shall not exceed 10. The sale of vehicles is prohibited. No flags, balloons, banners, signs, pennants, ribbons, streamers, or whirling devises shall be attached to vehicles. The vehicles stored on the property shall not be utilized for display purposes, nor shall such vehicles have rental information displayed on the windows or any other part of the vehicles. Vehicle maintenance shall occur inside or offsite. NEW BUSINESS PRELIMINARY AND FINAL SUBDIVISION (CAPONI ART PARK) - TPL City Administrator Hedges introduced this item regarding a Preliminary and Final Subdivision (Caponi Art Park) of 60 acres to create four parcels, two ten acre parcels and two twenty acre parcels on property located in the southeast quarter of Section 22 and the northeast quarter of Section 27. City Planner Ridley gave a staffreport. Robert McGillivary, Trust for Public Land, was present to answer questions of the Council. Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision and a Final Subdivision (Caponi Art Park) of 60 acres to create four parcels, two ten acre parcels and two twenty acre parcels. The subject site is the Caponi Art Park and the Caponi estate located in the SE'/< of Section 22 and the NE '/< Section 27, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993; Al, B1, 3. 2. The property shall be platted. 3. This development shall dedicate public right-of--way along Diffley Road, as determined by the Dakota County Plat Commission. CAPONI PROPERTY ACQUISITION / CAPONI ART PARK UPDATE Mr. McGillivary discussed the pending agreements between the City and Trust for Public Land. y Eagan City Council Meeting Minutes February 15, 2005 Page 3 AMENDMENT TO CONDITIONAL USE PERMIT -TMI COATINGS City Administrator Hedges introduced this item regarding a modification of the Conditional Use Permit for Lot 8, Block 1, Sibley Terminal Industrial Park for outdoor storage of vehicles and equipment for property located at 3291 Terminal Drive. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve a modification of the Conditional Use Permit for Lot 8, Block 1, Sibley Terminal Industrial Park for outdoor storage of vehicles and equipment for property located in the SE'/< of Section 8 at 3291 Terminal Drive, contingent upon the acquisition and relocation of TMI Coatings to the site. Aye: 4 Nay: 0 NEW RUNWAY /AIRPORT UPDATE Assistant to the City Administrator Miller provided an update on the runway /airport issue. ADMINISTRATIVE AGENDA REVISED 2005-2006 EAGAN CITY COUNCIL GOALS City Administrator Hedges stated that per the request of the Council at the February 1, 2005 City Council meeting, staff has revised the City Council goal statement with regard to green space. Discussion was held and it was the consensus of the Council to work with staff to further define the goal and bring back to Council at a future date. REDEVELOPMENT DISTRICT UPDATE Community Development Director Hohenstein provided an update regarding the City's redevelopment districts. VISITORS TO BE HEARD Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 7:30 p.m. Aye: 5 Nay: 0 Date Administrative Secretary /Deputy 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. s Agenda Information Memo March 1, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. 9-1-1 Dispatcher -- ACTION TO BE CONSIDERED: To approve hiring of Tara Showmaker as a 9-1-1 Dispatcher. Item 2. Full-time Custodian/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Virgil Stewart as a full-time custodian at the Community Center. 6 Agenda Information Memo March 1, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 17, 2005 and February 24, 2005 as presented. ATTACHMENTS: • Check registers dated February 17, 2005 and February 24, 2005 are enclosed without page number. Agenda Information Memo March 1, 2005, Eagan City Council Meeting Consent Agenda: D. Joint Powers Agreement Renewal for the Dakota County Drug Task Force ACTION TO BE CONSIDERED: To approve a Joint Powers Agreement renewal that would allow the City of Eagan to continue its participation in the Dakota County Drug Task Force. The signed agreement would be in effect until December 31, 2009. FACTS: • The City of Eagan has participated in a Drug Task Force since 1987 by providing a fulltime Detective. • The task force is currently made up of the following consortium of governmental jurisdictions: Apple Valley, Burnsville, Eagan, Lakeville, Mendota Heights, South St. Paul, Savage, West St. Paul, Farmington, Hastings, Inver Grove Heights, Rosemount, and the Dakota County Sheriff's Office. • The aforementioned governmental agencies have entered into a joint powers agreement to support and maintain the Dakota County Drug Task Force. ATTACHMENTS: • The original copy of the Joint Powers Agreement. ~~ 9 DAKOTA COUNTY DRUG TASK FORCE JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes §471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Drug Task Force. 2. General Purpose. The purpose of this Agreement is to establish an organization to coordinate efforts to apprehend and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of Savage City of South St. Paul City of West St. Paul Dakota County 4. Administrative Board. 4.1 Creation and Composition. A joint powers board, known as the Drug Task Force Administrative Board, is established for the purposes contained herein with the powers and duties set forth in this Agreement. The Board shall consist of one member from each of the member units of government, appointed by their respective police chief or sheriff, plus one member appointed by the Dakota County Attorney. Board members appointed by police chiefs and the sheriff must be full-time supervisory peace officers of their jurisdiction or office. Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 4.2 Term. Board members shall serve at the pleasure of their respective police chief, sheriff or county attorney, or their legal successor. In the event that any Board member DAKOTA COUNTY DRUG TASK FORCE ~ 1 JOINT POWERS AGREEMENT 9 shall be removed by the appointing agency, the vacancy shall be filled by the appropriate appointing agency. 4.3 Officers. In January of each year, the Board shall elect from its members a chair, avice-chair, asecretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. Officers shall serve for a term of one (1) year or until the officer ceases to be a board member, whichever is shorter. 4.4 Meetinl;s. The Board shall have regular and special meetings at such times and places as the Board shall determine. Special meetings may be held on three (3) days' notice by the chair or any two (2) board members, except that a special meeting to consider adoption of or amendments to the Board's operating rules pursuant to paragraph 6.1 shall require ten (10) days' notice. The presence of two-thirds (2/3) of the board members at a meeting shall constitute a quorum. 4.5 Voting. Each board member shall be entitled to one vote. Proxy voting is not permitted. The Board shall function by a majority vote of the board members present. 5. Duties of the Administrative Board. 5.1 The Board shall formulate a program to carry out its purpose. 5.2 The Board shall coordinate intelligence between the members and the Task Force. 5.3 The Board shall appoint and supervise the Agent-in-Charge of the Task Force. The Board may appoint and supervise Assistant Agent(s)-in-Charge of the Task Force. All such appointments are subject to the concurrence of an Agent's police chief or sheriff. 5.4 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following information: (a) the financial condition of the Task Force; (b) the status of all Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 5.5 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. DAKOTA COUNTY DRUG TASK FORCE / T 2 JOINT POWERS AGREEMENT 6. Powers of the Administrative Board. 6.1 The Board may adopt and amend such bylaws that it may deem necessary or desirable for the conduct of the business of the Board. Such bylaws shall be consistent with the terms of this Agreement and any applicable laws or regulations. 6.2 The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and enforce such contracts to the extent available in equity or at law. The Board may authorize the chair of the Board to execute those contracts. 6.3 The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the parties to this Agreement. 6.4 The Board may apply for and accept gifts, grants or loans of money or other property or assistance from the United States Government, the State of Minnesota, or any person, association or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money, property or assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5 The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 6.6 The Board may contract with any of its members to take title to, hold, manage and convey real property obtained by the Board and on its behalf as a result of civil asset forfeiture proceedings; to enter into contracts regarding such real property; and to pay reasonable and necessary expenses related to the hold, managing and conveyance of such real property. The member shall be entitled to reimbursement for such expenses upon sale of the property and shall transmit any net proceeds to the Board. If expenses exceed the sale of proceeds, the Board shall reimburse the member from other funds. 6.7 The Board will purchase liability insurance, which shall be payable from Task Force funds, and the members may not take any actions under this Agreement until such liability insurance is in effect. 6.8 The Board may hold such property as may be required to accomplish the purposes of this Agreement and upon termination of this Agreement make distribution of such property as provided for in this Agreement. 6.9 The Board may recommend changes in this Agreement to its members. DAKOTA COUNTY DRUG TASK FORCE / ) 3 JOINT POWERS AGREEMENT 7. Budgeting and Funding. 7.1 The members intend to fund the cost of operation of the Task Force from grant funds and matching funds from member cities and Dakota County, from the proceeds of forfeiture actions, and from restitution. It is the members' intention that matching funds shall fund the continued cost of maintaining the replacement officers for the full-time 'officer assigned by some members to the Task Force. 7.2 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. 7.3 The Board may contract with any of its members to provide budgeting and accounting services necessary or convenient for the Board. Such services shall include, but not be limited to: management of all funds, including member contributions and grant monies; forfeiture proceeds; payment for contracted services; and relevant bookkeeping and recordkeeping. No payment on any invoice for services performed by any person providing services in connection with this Agreement shall be authorized unless approved by the chair, vice-chair or secretary/treasurer. 7.4 The members agree to contribute their grant funds and required matching funds to operate the Task Force. 7.5 All funds shall be accounted for according to generally accepted accounting principles. The Secretary/Treasurer shall make a monthly financial report of all expenditures and receipts, and current fund balances to the Board. 7.6 The Board may not incur debts. 7.7 The Board's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the receipt of grant funds for that purpose. If insufficient grant funds are received, the Board may reduce the level of reimbursement and/or reduce other expenditures. 8. Agent. 8.1 Each member shall assign one experienced, licensed peace officer to serve as agents for the Task Force as follows: City of Apple Valley City of Burnsville City of Eagan City of Farmington DAKOTA COUNTY DRUG TASK FORCE One (1) Full Time Equivalent (FTE) One (1) FTE One (1) FTE One Seventeen-Hundredth (.17) FTE `~ 4 JOINT POWERS AGREEMENT City of Hastings City of Inver Grove Heights City of Lakeville City of Mendota Heights City of Rosemount City of Savage City of South St. Paul City of West St. Paul Dakota County One Half (.50) FTE One (1) FTE One (1) FTE One Quarter (.25}FTE One Twenty-Hundredth (.20) FTE One Quarter (.25) FTE One Half (.50) FTE One (1 }FTE Four (4) FTE 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be compensated by that member. Each party to this Agreement shall be responsible for injuries to or death of its own personnel. Each party to this Agreement waives its right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injury were caused wholly or partially by the negligence of any other party, or its officers, employees or agents. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development and case charging. Agents will also assist other agents in surveillance and undercover operations. Agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent-in-Charge or, in his/her absence, by the Team Leader assigned by the Agent-in-Charge to act in his/her behalf. 8.5 The member appointing the Agent shall furnish the Agent a weapon, cellular phone, and a vehicle and pay any lease payments, insurance, maintenance and operating costs of the vehicle. Further, the member appointing the Agent shall pay all expenses associated with tuition, travel, lodging and meals. Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or loss were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffing assigned to the Task Force as shown in 8.1. DAKOTA COUNTY DRUG TASK FORCE ~~ 5 JOINT POWERS AGREEMENT 9. Agent-in-Charge and Team Leader(s). 9.1 From among the full-time Agents assigned by members, the Board shall appoint an Agent-in-Charge who shall serve at the Board's pleasure. The Agent-in Charge must be a full-time, licensed supervisory peace officer of a member. The Agent-in-Charge shall remain an employee of the member that has assigned them to the Task Force. 9.2 The Agent-in-Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Agent-in-Charge is responsible for staffing, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management and intelligence management. The Agent-in- Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent- in-Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-in-Charge will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. 9.3 The Agent-in-Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member agency only during that time that the Agent-in-Charge is absent. The Team Leader(s) shall remain an employee of the member city or County at all times. 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Agent- in-Charge is absent, shall be the same as the Agent-in-Charge as described in paragraph 9.2 herein. If there is more than one Team Leader, the Agent-in-Charge will assign one Team Leader to act as Agent-in-Charge while the Agent-in-Charge is absent. 10. Forfeiture, Seizures and Fines. Items that are seized pursuant to this Agreement shall be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of federal forfeiture actions, established federal rules shall be followed. The Board may divide all remaining forfeited items among Task Force members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution DAKOTA COUNTY DRUG TASK FORCE ~ 6 JOINT POWERS AGREEMENT monies ordered paid to the Task Force by court order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force to the extent not covered by ifisurance. This Agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 12. Effective Date. This Agreement shall take full effect on January 1, 2005. All members need not sign the same copy. The signed Agreement shall be filed with the City of Burnsville, who shall notify all members in writing of its effective date. 13. Termination and Withdrawal. 13.1 Termination Date. This Agreement shall terminate upon the occurrence of any one of the following events, whichever occurs first: • When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or • When a majority of members agree by resolution to terminate the agreement upon a date certain; or • On December 31, 2009. 13.2 Withdrawal. Any member may withdraw from this Agreement upon six months' written notice to the Board. The Board shall notify the members pursuant to paragraph 14. Withdrawal shall not act to discharge any liability incurred by the member prior to withdrawal. Such liability shall continue until discharged by law or agreement. In the event of withdrawal by any member, the agreement shall remain in full force and effect as to all remaining members. 13.3 Effect of Termination. Upon termination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 7.1 herein. DAKOTA COUNTY DRUG TASK FORCE ~~ 7 JOINT POWERS AGREEMENT 14. Notice. Notice of withdrawal shall be provided by first class mail to the following: Apple Valley Chief of Police 7100 147' Street West Apple Valley, MN 55124 Burnsville Chief of Police 100 Civic Center Parkway Burnsville, MN 55337 Eagan Chief of Police 3830 Pilot Knob Road Eagan, MN 55122 Farmington Chief of Police 325 Oak Street Farmington, MN 55024 Hastin~s Chief of Police 150 3` Street East Hastings, MN 55033 Inver Grove Heights Director of Public Safety 8150 Barbara Avenue Inver Grove Heights, MN 55077 Savage Chief of Police 6000 McColl Drive Savage, MN 55378 Lakeville Chief of Police 20110 Holyoke Avenue South Lakeville, MN 55044 Mendota Heights Chief of Police 1101 Victoria Curve Mendota Heights, MN 55118 Rosemount Chief of Police 2875 145th Street West Rosemount, MN 55068 South St. Paul Chief of Police 125 3rd Avenue North South St. Paul, MN 55075 West St. Paul Chief of Police 1616 Humboldt Avenue West St. Paul, MN 55118 Dakota County Sheriff Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute §471.59. Approved by the City Council Date CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE ~~ 8 JOINT POWERS AGREEMENT Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council CITY OF BURNSVILLE By Date of Signature Attest Date of,Signature CITY OF EAGAN By Date of Signature Attest Date of Signature CITY OF FARMINGTON By Date of Signature Attest Date of Signature CITY OF HASTINGS By Date of Signature Attest Date of Signature CITY OF INVER GROVE HEIGHTS Date By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE ~ 9 JOINT POWERS AGREEMENT Approved by the City Council Date Approved by the City Council Date CITY OF LAKEVILLE By Date of Signature Attest Date of Signature CITY OF MENDOTA HEIGHTS By Approved by the City Council Date Approved by the City Council Date Date of Signature Attest Date of Signature CITY OF ROSEMOUNT By Date of Signature Attest Date of Signature CITY OF SAVAGE By Approved by the City Council Date Date of Signature Attest Date of Signature CITY OF SOUTH ST. PAUL By Date of Signature Attest Date of Signature DAKOTA COUNTY DRUG TASK FORCE ~ ~/ 10 JOINT POWERS AGREEMENT Approved by the City Council Date Approved by Dakota County Board Resolution No. Dakota County Attorney's Office Dakota County Judicial Center 1560 Highway 55 Hastings, MN 55033 651-438-4438 O:\CNIL\CONTKAC712005~IC05-54 DCDTF 2005 JPA.doc CITY OF WEST ST. PAUL By Date of Signature Attest Date of Signature COUNTY OF DAKOTA By Date of Signature Approved as to Form (Asst County Atty): By Date of Signature DAKOTA COUNTY DRUG TASK FORCE / 11 JOINT POWERS AGREEMENT Agenda Memo March 1, 2005 E. CONTRACT 03-09, CHANGE ORDER #10 (WATER TREATMENT PLANT EXPANSION) ACTION TO BE CONSIDERED: Approve Change Order #10 to Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-09 provides for the expansion and renovation of the existing north Water Treatment Plant located on Coachman Rd. This contract was awarded in July of 2003 and the construction is approx. 93 % complete. • Change Order #10 consists of the following items (Note: Parts that result in no change to the contract amount are not listed here): o Part 1: This provides for upgrading the valves to better balance the flows and the head pressure in the chiller to the heat exchanger. (ADD $4,874) o Part 2: This provides for an upgrade to the 5 ton chlorine cylinders' trolley hoists from a manual to an electrically operated system due to the weight of the cylinders for safety during movement. (ADD $5,036) o Part 4: Add solenoid valves to control the sludge valves that feed the plate settlers. They were shown to be pneumatically operated on the process drawings but manually operated on the electrical drawings. (ADD $1,959) o Part 5: Solenoid Valves were added to the pre and post chlorination feed points to allow control of the chlorine ejectors during plant operations. They were shown to be pneumatically operated on the process drawings but manually operated on the electrical drawings. (ADD $1,028) o Part 6: This provides for the reinstallation of water and air connection ports to the main distribution lines throughout the plant. The old ports were removed under the demolition plan but inadvertently not included on the replacement piping plan. (ADD $9,330). o Part 7: Add two new weir plates to the splitter box outlets. These were necessary to insure a balanced flow distribution between the existing and new splitter box outlets. (ADD $1,105). o Part 8: Relocate the manual override control switches for the plate settler sludge pumps to a location next to the pumps themselves for better safety control and add pressure switches for auto shut down capabilities. (ADD $3,388) o Part 10: Add new and/or relocate old light fixtures in 6 rooms, 5 offices and general workroom to provide the minimum illumination from original design due to higher ceilings. (ADD $6,291) o Part 11: This provides for the removal and reconstruction of the old sloping concrete floor in the meter repair room to a flat floor surface in the newly designated lab area. (ADD $5,852) ao Agenda Memo March 1, 2005 E. CONTRACT 03-09. CHANGE ORDER #10 (WATER TREATMENT PLANT EXPANSION) (Continued) FACTS: (cont.) o Part 12: This provides for the resurfacing of the old exposed brick exterior wall that that was demolished for conversion to an interior wall due to the facility's expansion and addition. (ADD $15,197) o Part 14: This provides for a new lintel for the added fire exit door (#257) required by the fire inspector that was not included in the original design. (ADD $793) o Part 15: Install lintels for a new louver and window in the old chemical storage rooms (#150A & 153). (ADD $1,980) o Part 16: Add flashing to the front entrance overhang. (ADD $920) o Part 17: This provides for 50% of the cost for the removal of 5 door frames to accommodate replacement installations. The demo plans did not identify this required removal. (ADD $750) o Part 18: This provides for the installation of the required door jamb for the new coiling overhead door into the High Service Pump Room that was not included in the door detail plan. (ADD $2,854) o Part 19: This provides for the added cost of using a fire rated clear glass more suitable for an office setting in the administrative area in lieu of the specified optional wire encased glass (ADD $11,651) o Part 20: Install 8 new drop in sinks in locker rooms and lavatories that were shown to be integral sinks on the Mechanical plans but drop in sinks on the Architectural plans. (ADD $2,138) o Part 21: Provides for a credit to eliminate the carpet, base, and ceiling material in the communications egpt. room (#214). (DEDUCT $670) o Part 22: Relocate an 8" rain leader in the mechanical room (# 116) for compatibility with the exterior retaining wall location. (ADD $2,234) o Part 23: Saw cut existing brick and install flashing around the replacement window in the converted laboratory (room #253). (ADD $414) o Part 24: The Fire Code required that the original designed recessed wall heater units (3) in the vestibules be replaced with a wall mounted model. (ADD $1,605) o Part 25: Add extensions to the sluice gate valve operating shafts due to discrepancy in the record plan elevations for the existing clear well storage reservoir. (ADD $3,915) o Part 26: Extend hot water lines to the Variable Air Volume control box & coil and the fin tube radiation units which were not shown on the original mechanical drawings. (ADD $1,757) ~/ Agenda Memo March 1, 2005 E. CONTRACT 03-09, CHANGE ORDER #10 (WATER TREATMENT PLANT EXPANSION) (Continued) FACTS: (cont.) o Part 27: Modify door frame and hardware for lavatory doors (#258 & 259) to meet fire code requirements. (ADD $476) o Part 28: Subsequent vulnerability assessment security plan required the replacement of door hardware at various locations. (ADD $1,817) o Part 30: Install a new water supply line to the 2 new polymer units and install a Reduced Pressure Zone (RPZ) valve not shown on the original plans. (ADD $1,543) o Part 31: Repaint the distribution control boxes, metal steps and walkway surfaces in existing filter cells A & B. (ADD $3,511) The net total of this change order is an ADD of $91,748 (0.63%) to the original contract amount ($14,620,958). If approved, the total of Change Orders 1-10 will be $517,665.02 (3.54%). This compares to a 10% contingency contained in the feasibility report's preliminary cost estimate of $17,400,000 and a 5% contingency used upon receipt of bids. All work and costs associated with this change order have been reviewed by the consultant and Public Works Dept. and found to be in order for favorable Council consideration. a~ Agenda Memo March 1, 2005 F. PROJECT 778, TRUNK HIGHWAY 149 STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 778 (TH 149, TH 55 to Albano Trail -Street Improvements) and schedule a public hearing to be held on April 5, 2005. FACTS: • Project 778 provides for the upgrade of a 2.7 mile segment of Trunk Highway (TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail. The proposed project includes upgrading TH 149 to a 4-lane divided roadway, a new traffic signal at the intersection of TH 149 and Wescott Road, dedicated turn lanes at street intersections and a raised center median. Additionally, a trail will be constructed adjacent to the east side of TH 149, interconnecting the existing neighborhoods and businesses with the existing regional trail system. • The City has received $5,500,000 in Federal Surface Transportation Funding through the Metropolitan Council for fiscal year 2008 with a commitment of $1.6 million from MnDOT towards the project cost. With the extension of the project beyond the city limits, Inver Grove Heights has applied for $540,000 of Cooperative Agreement funding, as well as contributing additional funds for their portion of the costs. • On June 15, 2004, the City Council retained the firm of Bonestroo & Associates to perform professional engineering services for the design, bid and construction phases of the project. • The upgrade of this portion of Trunk Highway 149 is programmed for 2006 in the City of Eagan's 5-Year CIP (2005-2009). With this schedule, it is necessary for the City to have the plans, specifications, environmental studies, permits and easement acquisitions completed as soon as possible. • A public informational open house was held at the Wescott Library on Nov. 30. for approx. 90+ interested attendees. Another informational meeting will be held with the adjacent property owners and all other interested parties prior to a public hearing to review and discuss the proposed improvements. This public meeting has been tentatively scheduled for Monday, March 21 in the Council Chambers. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for April 5, 2005. ATTACHMENTS: Draft Feasibility Report, attached without page numbers. Nov. 30 Open house comments enclosed without page numbers. a3 Agenda Information Memo March 1, 2005 Eagan City Council Meeting Consent Agenda G. APPROVE Amendment of Service Contract Cost for Hoisington Koegler Group for Expanded Northeast Eagan Traffic Study ACTION TO BE CONSIDERED: To approve an amendment of a service contract for Hoisington Koegler Group for the expanded Northeast Eagan Traffic Study. FACTS: - The City Council previously directed preparation of a more detailed traffic study regarding the areas in and around the Northeast Eagan Land Use Study Area. That additional work was not contemplated as part of the original Scope of Services for Hoisington Koegler, the City's Planning Consultant for the study. - During the course of the expanded traffic study, staff has asked that Rusty Fifield of Hoisington Koegler participate in some of the meetings with the Traffic Consultant, SRF, to insure consistency between the land use planning effort and the expanded traffic study. Staff is requesting authorization to amend the original service contract to permit Mr. Fifield's participation in these meetings on an as needed basis. The hourly rate for such services will be $135.00 per hour and the expectations for the additional work are outlined in the attachment. ATTACHMENTS: Ji Consultant memorandum on page a a~ Hoisington Koegler Group Inc. ©© ©® To: Jon Hohenstein From: Rusty Fifield Subject: Transportation Planning Date:. February 1, 2005 The purpose of this memo is to describe services to be provided by Hoisington Koegler Group Inc. (HKGi) in support of the transportation planning and traffic analysis (Project) being conducted by the City of Eagan (City) and SRF Consulting Group (SRF). The Project falls outside our scope of Basic Services for the NE Eagan Land llse Study. The Agreement for the Study authorizes HKGi to perform Additional Services upon written consent and direction of the City. Upon your approval of this amendment for Additional Services and at your direction, HKGi will perform the following: • Attend meetings with City and consultants. • Analyze future land use options and provide inputs for traffic analysis. • Review and comment on reports and analysis prepared by SRF. • Provide other assistance, at the request of the City, related to the Project. HKGi will bill the City on an hourly basis as work in performed. I want to use this opportunity to alert you to the need to amend the Agreement for the NE Eagan Land Lase Study when the process resumes. The additional transportation planning will result in tasks not covered by the basic scope of work. The nature and amount of additional work will be determined by the transportation planning. This work may include additional meetings of the Study Advisory Committee, evaluation of new development scenarios, and revisions to evaluation of future development scenarios. I will provide an amended scope of work and budget for your approval when the process for the conclusion of the Study can be determined. I welcome your comments on this approach. If these terms are acceptable, please send conformation for our files. -~ 123 North Third Street, Suite 100, Minneapolis, MN 55401-1659 Ph (612) 338-0800 Fx (612) 338-6838 www.hkgi.com J Direct (612) 252-7133 Email rusty@hkgi.com Agenda Information Memo March 1, 2005 Eagan City Council Meeting Consent Agenda H. ACCEPT Resignation of Greg Wilken from the Eagan Economic Development Commission FACTS: - Greg Wilken has been serving as a member of the City's Economic Development Commission since June 2003. - Mr. Wilken has informed the City that job and personal demands prevent him from continuing to serve in this capacity. As a consequence, he has submitted a letter of resignation from the Commission. Because new member appointments are being considered for the Commissions in the next two months, staff is proposing that this vacancy be filled as a part of the regular appointment process. ATTACHMENTS: Resignation letter on page ~1~~ ~6 Gregory P. Wilken 4331 Matthew Court Eagan, MN 55123 February 15, 2005 John Hohenstein Director of Community Development City of Eagan Eagan City Hall 3830 Pilot Knob Road Dear John: ;~ F~~ ~ ~ 2e~ ~; 1~ I . - -`~ :J This will follow our conversation of yesterday in which I informed you of my intention to resign my position on the Economic Development Commission. As I mentioned during our conversation, I have enjoyed my time on the Commission. I believe the Commission has made great strides forward in the last 12 months, largely as a result of your involvement and leadership. At this time, however, I do not have the time to devote to the Commission that I believe is necessary to be an effective and valuable member. I want to thank you for giving me the opportunity to serve the City. Please also pass along my thanks to the Mayor and City Council. I hope to be able to serve again at some point in the future. ' cerely, Grego P. Wilken ~~ Agenda Information Memo March 1, 2005 Eagan City Council Meeting I. ACCEPT RESIGNATION OF GLINT HOOPPAW FROM THE AIRPORT RELATIONS COMMITTEE ACTIONS TO BE CONSIDERED: To accept the resignation of Clint Hooppaw from the Airport Relations Commission FACTS: - Clint Hooppaw has served on the Airport Relations Commission since January 2003. - Mr. Hooppaw has informed staff that he will be moving to Apple Valley in May, and therefore must resign from the Commission. - Applications to fill his vacancy will be accepted through the Commission application process currently underway. ATTACHMENTS: - Enclosed on page is the letter of resignation from Clint Hooppaw. ag To: Dianne Miller, Fellow Eagan ARC members, Mayor Geagan & City Council Members. Re: Eagan Airport Relations Commission. I will be resigning my position on the commission effective May I, 2005. My wife and I have purchased a home in Apple Valley. We will be closing on the new home April 29th and moving in sometime in May. During the past two years on this commission, along with my previous commission appointments, I have learned volumes about the issues that effect Eagan and the surrounding communities. I have also truly enjoyed meeting and working with my fellow commissioners, elected officials, city staff and others. I will miss my involvement with the commission. I will still be available for all meetings and community open houses between now and the first of May, and should you need any assistance with community open houses after the first of May, please don't hesitate to call. Thank again for the experience and the opportunity to serve Eagan. Sincerely, Clint Hooppaw 4176 Topaz Drive Eagan, MN 55122 651 454 4302 952 239 1909 a9 Agenda Memo March 1, 2005 CONSENT AGENDA: J. Schedule Special City council meeting for March 14, 2005 ACTION TO BE CONSIDERED: Schedule a Special City Council meeting for March 14, 2005. It is necessary to schedule a special City Council meeting which will be a joint meeting with the Advisory Parks Commission to review the Park Systems Plan update. The meeting should take approximately one hour 3a Agenda Information Memo March 1, 2005 Eagan City Council Meeting K. FINAL PLAT (MOUNT CALVARY ADDITION) -MOUNT CALVARY LUTHERAN CHURCH. ACTIONS TO BE CONSIDERED: To approve a Final Plat to create one lot for Mount Calvary Lutheran Church located at 3930 Rahn Road in the NW 1/4 of Section20. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - The subject site contains a church and two single family homes. - The single family homes are part of the church property and used for church functions (rectory and youth meetings etc). - Because the single family homes are being used as part of the church operations staff required the church to plat this property so legally the houses will be part of the church property and only function for church uses. - All .documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat on page~2 31 • u ..~ c - 0 N (n 7 ~ -~ ~ ' R r ~ s IO1 ~c? ~ E ? ._ 0 (A ~ d~ °q ~ I ~ :7 Q t; . 8 jl _____ I ~-~.-~ ~~ ~E ~ ` O -----~ ~ - i ~ \ g I ~ s a -. N . ~ ._1 F `. 5~ 3 ~ lol ~~ _ a .w,_ o '- * I f+e~ y «\ ~4~. yy _..~ .. ~r ` o ~ O I ci +awyu.wa.~i~.e,N Yt wl~aq N +wro 1 wro n Kws -'-. I N •YI Ka. WI VW NMne ~!1 d g ~\ ~ I ~ . 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M41 .VI N nM.^0 IwVIMS .W N M K^J [5 `~<S h / ~Ei - / / .... .. ,. _ ,, .. .. ~ _ ~.Q.t, / J / ~ ~ ~ _.., Sa8 p$` Gf: N (.:-: 3) W '~J t ~ ~ o +- ~ N t ~_:J to ~ i::° [r~_J Err•.T~~ EEGq~~ ~~~po F.~1 3z Agenda Information Memo March 1, 2005 Eagan City Council Meeting VI. OLD BUSINESS A. VARIANCE - MITTLESTADT BROTHERS ACTIONS TO BE CONSIDERED: To approve a 2.6 percent Variance to the building coverage maximum of 20 percent for new construction of a single family home located on Lot 8, Block 1, Woodland Place in the NW '/4 of Section 36, subject to the conditions in the staff report. OR To adopt Findings of Fact and Conclusion for Denial of a 2.6 percent Variance to the building coverage maximum of 20 percent for new construction of a single family home located on Lot 8, Block 1, Woodland Place in the NW '/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - At the regular City Council meeting on February 15, 2005 the applicant requested to continue the adoption of findings of fact for denial until the March 1, 2005 regular meeting because they are working on revised plans. - At the regular City Council meeting on February 1, 2005 the City Council directed staff to prepare Findings of Fact and Conclusion for Denial of a 2.6 percent variance over the 20 percent building maximum requirement for the March 15, 2005 regular meeting. - The applicant has revised the plans and is now requesting a 1.2 percent variance, by reducing the front covered porch, bonus garage space and living area. - The subject site is located in the Woodland Place subdivision which was approved in November 2004, the site is under construction. - City Officials shall determine if this situation meets the hardship requirements in order to grant the variance. 60 DAY AGENCY ACTION DEADLINE: March 15, 2005 33 Old Business A. ATTACHMENTS (4): Revised Site Plan on page Findings of Fact for-Denial 3~c''3~ 2/1/05 City Council Minutes on page Planning staff report on pages ~ through 3~ r, ~ vN 5~. ~F/ ` ....~/ , V ~ ~ + ~ 1 ',, ~ • '• ' ~s~ ~ }~~ ~~ ~ ~ M~ . it ,f , s.v ~4 '~V • ~~ • ~- ~0 ~~ ~„'''' i 6 `~'' ~o r S~ `t . ~ ' ~ ~-- ~ ~ ~~ ~ ~ -- N ~ -~ ~ ~ - a ~,~ ~ ~ ~~ > > ~, ~ ~~~ ~ ~ ~ ___- ~ . ~ J .o _ _- , ~ ~ . ~ - - ~~ \'~~\ ,~ i `~ ~ ~, ~-~-~ "~ ~ ~~~ V ~ ~~ T ~' ~ • 1t ~~ i ti- ~ .~--- Q ,, cn .~ ~ S s ..~ ~. ~ 3S . ' ~' „~ ~ Z ~ s ,. . ~ ors, , ,. ,~ ~~ ~.. BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Thomas and Theresa Mitsch fora 2.5% Variance to Exceed the 20% Lot Coverage Limit on Lot 8, Block 1, Woodland Place FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan City Council at a public hearing on February 1, 2005. The Council received and considered the January 21, 2005, Planning Report; input from City staff; together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input which was presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. MITTELSTAEDT BROTHERS CONSTRUCTION INC., a Minnesota corporation, is the owner of Lot 8, Block 1, Woodland Place (the "Property") 2. The Property is designated as LD, Low-Density, within the City's Comprehensive Guide Land Use Plan, and is zoned R-1, Single-family Residential. 3. Section 11.60, Subd. 5(E) of the City Code restricts the amount of building coverage on any lot in the R-1 district to a maximum of twenty percent (20%). 4. The Property is part of a subdivision, Woodland Place (the "Subdivision"). The plat of Woodland Place was approved by the City in November 2004. 36 5. Thomas and Theresa Mitsch (the "Applicants") have submitted an application for a variance of 2.5% to the 20% maximum building coverage on the Property. 6. The Property is 15,552 square feet in size and the Applicants propose to build a structure with a building footprint of 3,521 square feet, which is 22.6% of the lot area. 7. Section 11.50, Subd. 3 of the City Code governs the issuance of variances. 8. Section 11.50, Subd. 3(A) of the City Code states that the basis for the granting of a variance is those situations where practical difficulties or a particular hardship would result from carrying out the strict letter of the City Code. 9. Section 11.50, Subd. 3(B)(3) of the City Code requires the City Council to consider the following factors in reviewing a request for a variance: (a) Exceptional or extraordinary circumstances apply to the Property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography, or other circumstances over which the owners of the Property have no control; (b) The literal interpretation of the provisions of the Code would deprive the Applicant's Property of a use commonly enjoyed by other properties in the same district; (c) Special conditions or circumstances do not result from the actions of the Applicant; (d) The granting of a variance request will not confer on the Applicant any special privilege that is denied to the owners of other lands, structures or buildings in the same district; (e) The variance requested is the minimum variance which would alleviate the hardship; and (f) The variance would not be materially detrimental to the purposes of the City Code or to other property in the same zone. 10. The Applicants submitted a letter to the City dated January 13, 2005, requesting a variance based on the "extenuating circumstances of this particular family," specifically Theresa Mitsch's use of a wheelchair and handicap van, which require additional space in the house and 37 garage; Brandon Mitsch's schooling; and Nate Mitsch's respiratory disease which requires him to be within 5 minutes of emergency medical services. CONCLUSIONS 1. The Applicants do not assert that any exceptional or extraordinary circumstances apply to the Property that do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography, or other circumstances over which the owners of the Property have no control. Rather, the Applicants assert extenuating medical and educational circumstances of their particular family, which are unrelated to the Property. 2. The literal interpretation of the provisions of the Code would not deprive the Applicant's Property of a use commonly enjoyed by other properties in the same district. 3. The granting of a variance request will confer on the Applicants a special privilege that is denied to the ovv~iers of other lands, structures or buildings in the same district, specifically, the privilege of constructing a building that covers more than 20% of an R-1 lot without any basis for the vaziance under the provisions of the City Code. 4. The Applicants have offered no evidence or testimony that the variance requested is the minimum variance that would alleviate the hardship. 5. The variance would be materially detrimental to the purposes of the City Code or to other property in the same zone because it would permit greater than 20% lot coverage without any basis for the variance under the provisions of the City Code. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicants' request for a Variance is hereby denied. 3~ Dated at Eagan, Minnesota this day of , 2005. CITY OF EAGAN By: at Geagan Its: Mayor By: Maria Petersen Its: City Clerk 39 Eagan City Council Meeting Minutes February 1, 2005 Page 3 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 property shall be platted prior to issuance of the building permit for construction of the new rental office building. 3. The new rental office building shall meet required setbacks. VARIANCE - MIDDLESTADT BROTHERS City Administrator Hedges introduced this item regarding a request fora 2.S percent Variance to the building coverage maximum of 20 percent for new construction of a single family home located on Lot 8, Block 1, Woodland Place. City Planner Ridley gave a staff report. Teresa and Thomas Mitsch discussed their need for a larger rambler style house which would require the proposed variance. Dan Fulford, with Middlestadt Brothers, discussed the plans for the house. He stated there are lots within the development that would have accommodated the larger home, but they had been sold to other buyers. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmembers discussed the possibility of a precedent being set if the variance for this vacant property is approved. Mr. and Mrs. Mitsch were asked if they would like to continue consideration of the variance to see if alterations could be made to the house plans that would better suit the lot. Mr. Mitsch indicated he was not interested in downsizing the proposed house by 400 square feet. Councilmember Carlson moved, Councilmember Fields seconded a motion to direct Findings of Fact for Denial of a 2.S percent Variance to the building coverage maximum of 20 percent for new construction of a single family home located Lot 8, Block 1, Woodland Place in the NW '/4 of Section 36 to be prepared by the City Attorney and brought back to the February 1S, 2005 Council meeting. Aye: 3 Nay: 2 (Geagan and Tilley opposed) LOT 7, BLOCK 1, MCCARTHY RIDGE AND LOT 19, BLOCK 3 OSLUND TIMBERLINE EASEMENT VACATION City Administrator Hedges introduced this item regarding a vacation of public drainage and utility easements at 1 S 81 McCarthy Road. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and fumed discussion back to the Council. Councihnember Fields moved, Councilmember Tilley seconded a motion to approve vacation of public drainage and utility easements on Lot 7, Block 1, McCarthy Ridge and Lot 19, Block 3 Oslund Timberline (1581 McCarthy Road) and authorize the Mayor and City Clerk to execute all related documents. Aye: S Nay: 0 City Planner Ridley discussed the final plat of McCarthy Ridge 2°d Addition which combines two lots into one for properties located at 1 S81 McCarthy Road in the NE '/4 of Section 9. Councihnember Fields moved, Councihnember Tilley seconded a motion to approve the fmal plat for McCarthy Ridge 2na Addition located at 1 S81 McCarthy Road in the NE '/< of Section. Aye: S Nay: 0 ORGANIZATIONAL BUSINESS EAGAN CONVENTION AND VISITORS BUREAU APPOINTMENTS Councilmember Fields moved, Councilmember Tilley seconded a motion to appoint Councilmember Carlson, City Administrator Hedges and Chief Financial Officer Pepper the Eagan Convention and Visitors Bureau Board of Directors. Aye: 5 Nay: 0 PLANNING REPORT CITY OF EAGAN REPORT DATE: January 21, 2005 APPLICANT: Teresa & Thomas Mitsch PROPERTY OWNER: Middlestadt Bros REQUEST: Variance to Lot Coverage LOCATION: 634 Woodland Way CASE: 36-VA-02-O1-OS HEARING DATE: February 1, 2005 APPLICATION DATE: January 14, 2005 PREPARED BY: Sheila Cartney COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to the building lot coverage of 20 percent for a covered porch addition resulting in a 2.5 percent variance, for property located at 634 Woodland Way in the NW '/4 of Section 36. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance,, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special .conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. ~~ Planning Report - Mitsch Variance January 21, 2005 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.60 Subdivision 5 E Bulk Standards: States building coverage maximum in the R-1 district is limited to a maximum of 20 percent. BACKGROUND/HISTORY The subject site is located in the Woodland Place subdivision which was approved in November 2004. Woodland Place is a 141ot subdivision and is located on the old Weirke properties on Dodd and Cliff. Each lot was approved based on meeting the R-1 requirements. EXISTING CONDITIONS The site is graded and ready for development. APPLICANT'S ESTIMATE OF HARDSHIP The Mitsch's have extraordinary health concerns within their family that require a certain type of housing style and location. According to the applicant one of their son's needs to stay in school district 196 and their other son must be within five minutes of emergency medical services. The applicant feels that Woodland Place is the best location for their family needs. The applicant indicates they have explored other options and locations but their needs are not able to be met with the alternatives. EVALUATION OF REQUEST The zoning code defines hardship as a situation where property in question cannot be put to a reasonable use under the conditions allowed by the official controls where the plight of the landowner is due to circumstances unique to this property, not created by the landowner. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the off cial controls. The applicant's situation is not self created and appears to be a unique circumstance. Because of the applicants .physical circumstances a one level house is necessary. City Officials shall determine if this situation meets the hardship requirements in order to grant the variance. ~a Planning Report- Mitsch Variance January 21, 2005 Paee 3 SUMMARY/CONCLUSION The applicant is requesting a variance to the building coverage requirement for the R-1 zoning district. The proposed house would exceed the 20 percent maximum requirement by 2.5 percent. The applicant has some unusual circumstances that require the house to be built as proposed and in this subdivision. It appears their situation constitutes a hardship. ACTION TO BE CONSIDERED To approve a 2.5 percent Variance to the 20 percent building coverage requirement for the proposed house at 634 Woodland Way, Lot 8, Block 1, Woodland Place. 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 house and any accessory buildings shall not exceed 22.5 percent coverage area. ~3 January 13, 2005 RE: Request for Variance for Mitsch Residence in Woodland Place TO WHOM R MAY CONCERN: The purpose of this letter is to request a variance for the above referenced new home to be built in Woodland Place on Lot 8, Block 1 with regard to City Code Section 11, Subd. 5, Sec. E referring to building coverage. The code states building coverage max 20%; the home in question covers approximately 22.5% of the lot. This request is being made for the following reasons: 1. Mrs. Mitsch is confined to a wheel chair which requires that all hallways, door- ways, kitchen, baths, etc. be enlarged to accommodate her wheelchair. Her mother who is also confined to a wheel chair is a frequent visitor to their home. 2. The Mitsch's also drive a handicap van with lift which requires greater space in the garage. Woodland Place does not permit out buildings, therefore, the garage needs to be enlarged to accommodate their vehicles and the usual yard maintenance equipment, etc. 3. The Mitsch's son, Brandon (13), currently attends special education classes in the 196 school district and it would be detrimental to move him to another school district. 4. The Mitsch's son, Nate (5) suffers from a respiratory disease which requires him to be within 5 minutes of emergency medical services. 5. Mrs. Mitsch's handicap is the result of an accident which happened 1.5 years ago. Since that time, they have searched and have been unable to find existing housing which would meet all of their needs. They currently live in a two story home mere blocks from this new development and obviously require a one level home. The same accident resulted in chronic back injuries for Mr. Mitsch as well. In conclusion, as you can see, we are not requesting a large increase to the code regulations and the extenuat- ing circumstances of this particular family are very unique. We have exhausted the possibilities of finding an existing home or building a smaller home to fit the 20% code requirement but have not been able to find a viable option. Thank you for your consideration of this very important matter. Sincerely, t ~~ 1 t ~ ~(, ~~ c!~ Thomas & Theresa Mitsch 5~ ~ '< Eagan Boundary Location Map ~'~\~ Street Centerline O Parcel Area ~ Building Footprint ~~~,,,~~~{ ~7 ~ V ~ .. ~ ~ Q ~ I aI9IoI~k~41~1ak~~Im y~l - 1 V~ '°~. ~ © .. p ~ 0~~ '" o '. ~ ~ ~ o, y o~7~ `30d ~ ~ opd .~ a, Y5f C 1, D ~ s.. i' ~ G?~ ~ ~> ~ ~ ~ p ~ fi ~~ -q .,,. .. ~ '+ej q C? 6 `9 i i 3 = j z rk s J s rQG ~ ~ /9 . V 4 .s ~ .. ~ ea' a.~ r.3 a 4 s c ~ (19994' - P9 ca P o ~ A ~ ® ~ - ~ d Qdl®~r~u~~, ~ ~ 4 ~ 6` ~ ~: ~ 6 - . d3 ~ ~ ~ `~ ~ 6. P P d q 9 0 F7 &~ 9 4 ~. ~ ~ Subject Site 7 o - F? ""~ ~ ~ ~ u , ~~(r~ C ~y ~. ~ ` . '- ~ •..... ~ u. ~ C) G~ [, • ~ ~ .A ~4 ~ ~ ~ m g .e ~ f ~ © ~ ~ '~ ~ . SE-.hy1rHQ: JStGLIFFROAO ~j ~Al1. NO: .f ~ ~ um ~~ caof <<a. .. ~, 0 B ~~ S~' 6 v d CJ 6• ~ o ~ ~9~~ ~. ~uc~ ~ e `tJI~ di ~ ~ ~ : ' S ~i` o ~ ~®953 v 9 ~ ~ ~ ` ®i.. Q . .o r . p S3 4 P ~ a ' 3 ~ ~ ~ e ~ r° c>a ® ~ ~ `P ~ ~ Q `_! ~tt~' \ t f'1 . ~p?3r ~ ~~°~, ~o°°~ ~ e r J ® ~ t ,~J ~ ~ i o A H yJ ~ \/.~ \~ fl 3 ~~ ~.~ i Fwr~t ~ , _ a~, 4r t• W •6 ® •~~ 1 ra ~ e .tea a p! ' x~ves 4 J=~ ~ ` t _ O D ~. 4 ~ " p p c .~ ti ~a~ ,J m®` ~ .> ~ U C9 - O a r_a 1000 D 1000 2000 Feet Development/Developer: Woodland Place Application: Variance Case No.: 36-VA-02-01-0 ~ '~ ~`-, Map Prepared using ER51 ArcView 3.7. Parcel base map data provided 6y Dakota County Off ce of GIS and is tuveiA as of January 2004. N ( -, a + i~~- ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E ~~~~~ Ei~~ ~ The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Devdopment Department not responsible for errors or om[ssions. ~ ~ ~ ~ ~ ~ D ~ ~ ~~ ~~ -~ ~ ~ ~ ~ ~ ~ ~ ~ 0 9~~$~~ .-' ~~ ~ ~ ~6 ~ max. ~ ~ ~• \~ \~~ ~~ ~~o \~\ ~s\ ,. •~ . .~ . r ~ • ~• i ~ • ', ~. ~ S' ,goo ~s ~~ • ~.. .•.•.. -- • ~; ~• •~ ~~f j v~ i ~'~ s~i.. _1 bo I s~o t '. ~~~- - N t`~! ~~ J ~ " - ' / ~\\ ~ ; ~ j ~~ / ~~~ ~ J . T ~~ ~~' ~ T It 11 4-~, ....- ~~ .~~.. .• \~9Z / . ~~/ -,s~ ~~ ~a s/! ~ ~ ~ ~~ ~~ ~~ ~~ OOVOOI~Op+ ~,,,,,,,,, ~ ~ ~~~~~~ ~ MITSB ~;~~A~~P~..HERESA ;~„~~~ $ ~ ~ a EAC3AN, MN 55123 MITTELSTAEDT A ~ ~ - wrosr~ucnoa.Siwc. Agenda Information Memo March 1, 2005, Eagan City Council Meeting B. MODIFICATIONS TO FINAL SITE PLAN (LOT 2, BLOCK 1, EAGANDALE OFFICE PARK ST ADDITION) -EAGANDALE BUSINESS CENTER, LLC ACTIONS TO BE CONSIDERED: Approve a modification to the site plan for Eagandale Business Center, LLC, Lot 2, Block 1, Eagandale Office Park 5`h Addition. REQUIRED VOTE FOR APPROVAL: Majority of Council members present FACTS: - On January 4, 2005, Eagandale Business Center, LLC, received approval of a Planned Development Amendment and Final Planned Development for afour-building 20-unit town office condominium development on Lot 2, Block 1, Eagandale Office Park 5`}' Addition. - In addressing some of the drainage issues with this site, the shape and location of Building 4 on the east end of the site was modified. - Building 4 has been shifted 20 feet to the west and the shape of the building has changed - it is now a standard rectangle shape rather than the original "L" shape. - The shifting of the building to the west results in a net reduction of 12 parking stalls, from 249 to 237 (including the proof or parking areas). - The square footage of the building and the office use do not change or intensify as a result of this modification. - The Planned Development Agreement has been drafted, but has not yet been executed and recorded. Thus, these changes to the site plan can be incorporated as an exhibit of the final PD Agreement. 60 DAY AGENCY ACTION DEADLINE: None ATTACHMENTS (2): Revised Site Plan, page ~. ~. Letter from the Applicant's architect, pages ~Q through `fg -.. ,~ ~ ~~~~ . ~W w ~^ ~i i -~~ i 1~'~ f ^~ C' ~: ~~. ,.s ~~ 1 i ~~ ., ~~ ! . mN 4 -~ .. ... 49 PACT Architects, pllc 3563 Widgeon Way Eagan, Minnesota 55123 651-253-0184 February 8, 2005 Pamela Dudziak -Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Minor Amendment to Planned Development Eagandale Business Center Corporate Center Curve Eagan, MN Legal Eagandale Office Park Description: 5`h Addition Block 1 Lot 2 Dear Ms. Dudziak, We ha~ had further conversations with the City of Eagan Engineering Department regarding the proposed method of accommodating overall site drainage through the existing detention basin and storm water piping system on the Eagandale Business Center site. Due to a philosophical change by our civil engineers in concert with the City Engineer, and allowing for code required egress in Building No. 4 which requires a walking path on the East side of the building, we performed additional calculations to confirm the proper size of the detention basin. We have reached agreement on the method of carrying storm water through the existing piping, but due to these new constraints, we have determined that a minor modification is required to the previously approved planned development for Eagandale Business Center. To resolve these additional constraints, we propose changing the shape of Building No. 4 and moving the building approximately 20 feet to the West. This change allows for a larger detention volume to meet code requirements. This minor modification to the existing approved plans does not change the building or site usage, building construction materials, or building image. However, it does reduce by 12 spaces the number of parking stalls. This is a reduction of 5% of the total stalls (including proof), from 249 to 237 stalls. .... ~ - -z '.., Sd Eagandale Business Center February 8, 2005 Page 2 In light of the Eagan City Council's direction that final agreement be reached between City Staff and Eagandale Business Center, we respectfully request this minor modification be administratively approved for inclusion in the final Planned Development Modification document. If this approach is not deemed appropriate, we will gladly appear before the Council at your request. We look forward to your decision and direction. Sincerely, /, / 1 ~ //!" ~~ ~ Peter M. Styx, AIA PACT Architects, pllc C: Jeffrey B. Larson George Zirnhelt Dale Forsberg Attachment: Revised Site Plan s~ Agenda Information Memo March 1, 2005, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT -STAR PIPE PRODUCTS ACTIONS TO BE CONSIDERED: To approve a Conditional Use Permit to allow outdoor storage of large diameter cast iron pipe fittings, municipal castings such as manhole covers, meter boxes and valve boxes for Star Pipe Products in the East parking lot located at 3160 Neil Armstrong Blvd in the NW '/4 of Section 11; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - Star Pipe Products would like to open a new distribution site in Eagan and is requesting a CUP for outdoor storage of various materials related to their business. - All items will be stored on pallets and the maximum amount stored outside will be 800 items. - The proposed outside area is 15,925 square feet, the entire parking area on the east end of the building; a chain link fence will enclose the storage. - If the CUP for outdoor storage is approved, the site will provide only 47 delineated parking stalls. - The Advisory Planning Commission held a public hearing on February 22, 2005 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: April 1, 2005 ATTACHMENTS (2): Advisory Planning Commission Min tes on page s~ "' S Staff report on pagesthrough sa MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA February 22, 2005 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, February 22, 2005 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members Dugan, Matthees, Hansen, Leeder, Chavez, and Gladhill. Also present were, City Planner Mike Ridley, Planner Sheila Cartney, City Attorney Gary Huusko, and Recording Secretary Camille Yungerberg. AGENDA Member Chavez moved, Member Leeder seconded a motion to adopt the Agenda. All voted in favor. Motion carried 7-0. January 25, 2005 ADVISORY PLANNING COMMISSION MEETING MINUTES Member Hansen moved, Member Leeder seconded a motion to approve the January 25, 2005 Advisory Planning Commission Meeting Minutes. All voted in favor. Motion carried 7-0 III. VISTITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. PUBLIC HEARINGS New Business A. Star Pipe Produc#s Applicant Name: Grubb & Ellis / Northco, Scott Carlson Location: 3160 Neil Armstrong Blvd; Lot 5, Block 1, Eagandale Corporate Square Application: Conditional Use Permit A Conditional Use to allow outside storage. File Number:11-CU-02-01-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated February 10, 2005. She noted the background and history. Member Dugan stated he will be abstaining from voting on this item. Eric Duholm, Grubb & Ellis/Northco explained the location, parking, and landscaping of the proposed use. He stated there would be office space in the northeast corner of the building. He explained that there would be a six foot high chain link fence, with outside storage not to exceed the height of the fence. Member Chavez questioned the residential like structure to the north. Duholm was unsure of the use of that building. S3 City of Eagan Advisory Planning Commission Meeting Minutes February 22, 2005 Page 2 Chair Heyl discussed a letter submitted by Gary Santoorjian, of Dart Transit Company. Chair Heyl opened the public hearing. City Planner Ridley stated the vocational college owns the residential like building for purpose of hands on training. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated the parking is sufficient, unless the use of the property changes. She inquired about the screening situation in regard to the outdoor storage. City Planner Ridley explained that typically, screening. of storage is not required in an industrial area but that an additional condition, stating thee. storage is not to exceed the height of the fence would be appropriate. Member Hansen moved, Member Chavez seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of large diameter cast iron pipe fittings, municipal castings such as manhole covers, meter boxes and valve boxes for Star Pipe Products located at 3160 Neil Armstrong Blvd in the NW '/4 of Section 11 subject to the following conditions as amended: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Approval of this CUP shall terminate the GUP for the storage silos that was approved in 1992 case file# 11-CU-13-5-92. 3. Outdoor storage items are limited to large diameter cast iron pipe fittings and municipal castings such: as manhole covers, meter boxes, and valve boxes, each to be stored on pallets and limited to 800 items. 4. Outdoor storage-shall be strictly within the chain link fenced area on the east side of the building located in: the parking lot as indicated on the Site Plan. 5. No outdoor storage shall take place until the chain link fence is installed. 6. The height of the outdoor storage shall not exceed the height of the fence enclosure. All voted in favor. Motion carried 6-0. Member Dugan abstained from voting on this item. sy PLANNING REPORT CITY OF EAGAN REPORT DATE: February 10, 2005 APPLICANT: Grubb & Ellis/Northco PROPERTY OWNER: Scott Carlson REQUEST: Conditional Use Permit CASE: 11-CU-02-01-OS HEARING DATE: February 22, 2005 APPLICATION DATE: January 20, 2005 PREPARED BY: Sheila Cartney LOCATION: 3160 Neil Armstrong Blvd COMPREHENSIVE PLAN: 1ND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of large diameter cast iron pipe fittings, municipal castings such as manhole covers, meter boxes and valve boxes for Star Pipe Products located at 3160 Neil Armstrong Blvd in the NW '/4 of Section 11. 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 recorrunend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 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. 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. SS Planning Report -Star Pipe CUP February 22, 2005 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress aid egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The office/warehouse building was constructed in 1991. In 1992, Genistar was granted a Conditional Use Permit (CUP) for outdoor storage of seven silos. The silos were located at the east end of the building in the parking lot. At time of this application the silos have been removed. EXISTING CONDITIONS The subject site has a 96,000 square foot office/warehouse building present. PolyOne is leasing 57,600 square feet; PolyOne is the world's largest polymer service company. Voicestream leases 19,200 square feet, Voicestream is now T-mobile and provides cellular phone service and products. The applicant is planning to occupy 19,200 square feet of space if the CUP is approved. SURROUNDING USES The subject site is surrounded by office/warehouse uses and properties that are zoned and guided for Industrial use. EVALUATION OF REQUEST S6 Planning Report -Star Pipe CUP February 22, 2005 Page 3 Compatibility with Surrounding Area -The proposed occupant is compatible with the surrounding area. A Conditional Use Permit has been issued on this site for outdoor storage in the past; therefore outdoor storage appears compatible with the surrounding area. Proposal - Star Pipe Products would like to open a new distribution site in Eagan and is requesting a CUP for outdoor storage of various materials related to their business. The items include large diameter cast iron pipe fittings and municipal castings such as manhole covers, meter boxes, and valve boxes. All items will be stored on pallets and the maximum amount stored outside will be 800 items. The proposed outside area is 15,925 square feet, the entire parking area on the east end of the building. A six foot metal chain is proposed for the enclosure. Outdoor Storage Requirements a. Outdoor storage items shall be placed withi~z an enclosure as necessary to achieve appropriate security and containment or for public safety reasons wlze~z 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 (I-2) zoning districts, the enclosure nzay be detached from the principal building. The site is zoned I-1, Limited Industrial therefore allowing the enclosure to be detached. A six foot chain link fence is proposed as the enclosure. b. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The designated storage area is located in the rear of the building and is not encroaching into building setbacks. The outdoor storage area shall be screened front view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehezzsive guide plan. The outdoor storage area is not visible from the public-right-of way, but is visible from the railroad right-of--way. The adjacent properties have the same zoning as the subject site. d. The storage area shall ~zot interfere with any pedestrian or vehicular movement. The proposed storage area occupies and entire parking lot to the east of the building. No vehicular or pedestrian movement would be possible in this location; pedestrian traffic is not desirable in this location. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is an existing parking lot. Based on the uses the warehouse portion of the building requires 97 parking stalls and the office use requires 53 parking stalls for a total of 150 parking stalls, this is an overall figure based on the breakdown of the building as provided by the applicant. The submitted Site Plan indicates there are 47 parking stalls on the west end of the s~ Planning Report -Star Pipe CUP February 22, 2005 Paee 4 building and 39 parking stalls on the east end of the building, totaling 86 parking stalls, the required parking stalls that are calculated above are based on proposed and current warehouse and office uses, at the time of construction the ratio of office and warehouse may have been different. The applicant has indicated that the parking to the north maybe used for their employee or visitor parking. Star Pipe does not have walk-in customer traffic. The parking lot to the north is separated from the subject site by curb and landscaping. Staff conducted a site visit on a Friday afternoon and there were only 2 cars parked in the parking lot on the west end and no cars on the east end. There were also some cars parked in the dock area. 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. The proposed storage is within a paved parking area. SUMMARY/CONCLUSION The applicant is requesting a Conditional Use Permit to allow outdoor storage of large diameter cast iron pipe fittings and municipal castings such as manhole covers, meter boxes, and valve boxes. The outdoor storage area is proposed at the east end of the building encompassing the entire parking lot; the storage will be enclosed with a chain link fence. The storage will occupy 15,925 square feet with a maximum of 800 items stored outside on pallets. If the CUP for outdoor storage is approved, the site will provide only 47 delineated parking stalls; over 100 less than the code requires parking based on the existing use of the building. Staff has concern with the outdoor storage occupying and entire parking lot at the east end of the building that may cause a possible parking shortage if the tenant mix changes in the future. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of large diameter cast iron pipe fittings, municipal castings such as manhole covers, meter boxes and valve boxes for Star Pipe Products located at 3160 Neil Armstrong Blvd in the NW '/< of Section 1 l; subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. Approval of this CUP shall terminate the CUP for the storage silos that was approved in 1992 case file# 11-CU-13-5-92. 3. Outdoor storage items are limited to large diameter cast iron pipe fittings and municipal castings such as manhole covers, meter boxes, and valve boxes, each to be stored on pallets and limited to 800 items. 4. Outdoor storage shall be strictly within the chain link fenced area on the east side of the building located in the parking lot as indicated on the Site Plan. 5. No outdoor storage shall take place until the chain link fence is installed. ss' FINANCIAL OBLIGATION-II-CU-02-O1-05, Lot 5, Block 1, Eagandale Corporate Square Grubb & Ellis / Northco There are pay-off balances of special assessments totaling $-0- 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 None USE RATE QUANTITY AMOUNT Total 59 `i; Eagan Boundary Location Map r ~ r Street Centerline Parcel Area t l Building Footprint ~ I ~ of ~-+--J l~l I ~ _ ~ ~ ;~,. t,~ W I ~ `\ ~ .tN-NP36ylDNFOAKti1D: 5 °s, ~ r- - ., -------~ ~ _ ~. ~.~- iJ `~ `r- ~ ° ~~ ~: . ~ ~ ~,_ ~ ` a ~ J I'` Subject Site -~-; ~ `~~ ~ ~ ~J- I ~ f C L ~ ,~ ~ h. `-~--' ~4 _ _ '~ ~r I ~ ~ _ i ~ © ~ ~' `u~ I i - I ~~ u ° z ~ ~ ~---~ tl r_-°-, o ~ ~ z ~-- _ e (~ o s-"; C] ~r~f d ~ ~ Ih r -- -- _ `--' ,_ _._- I ---~I p: Nwr. Nome YANKEFpOODLFRp: Y ' ~ ~ ~ ice, 0 d ~ " rrI'' L'.. ~ iv.. w ' w~ 1 ~ ~ t. ° y f' ~^ ~, ~ ' L 7 ~.. ~ Y ~' w' i j : d ' ~ l`a ~~.' 1000 0 1000 2000 Feet DevelvpmentlDeveloper: Star Pipe Products Application: Conditional Use Per Case No.: 11-CU-02-01-05 /O (~ ,'-. 4 '' ~ ' Map Prepared using ER51 ArcView 3.7. Parcel base map data provitled by Dakota County Office of GIS and Is current as of January 2004. N city of eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of E agan and Dakota County do not guarantee the accuracy of this information and are 5 CommuNty Devdopmen! Oepartrrsnt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Star Pipe CUP Case No. 11-CU-02-01-05 Zonin Ma -- g p ~ Q - c ~- ~ ~ G f ~ ' 1-1 _ ~ ~ - 1. _ i h Z u .. __- - t _ _-.7 ~ 1"~ ~ I ~ I i ~ Current Zoning: i ""; ~ ^ r~ ~ ~ I ~ - ''~ -- ~ , l I-~ f.~ Limted Industrial ;~~ ' _ ~ -~ __.. _ - _ _ I - - r _ BP l _._ ~ ._.._. 0 =~ ~ L. ,----'_ Location ~-- - a _,~ _ ~ `~~ -- ~ d ~ I ' i c i ~ i 19 '----- 1.1I i- o _ -- w n v __ coo o soo uoo r..e {~ _ ~ .. '~ ~ - - Comprehensive Guide Plan x - - Land Use Map = ~- - -_ i - IND i '~ o a o i ~ i - ~-... _- - _ ~ ... _ ~ i r ~ ~ ~ _ - '- IND it I ~ I it I 1 N i ~-....._~ ~ I _ ~ t__. - I Current Land Use Designation: ii fND j ~ ~ ~ I _ i ,~-~ __ ~ IND _ _ -- -- - -- gP _ a ~ ~ Limited Industrial ~ - - ~ Location ~_ __ r 1 IND ~~~ z ~ D ' _i 111 i IND ~ ~I U _ ~ _ - _ 600 0 600 7300 r.et l °• o ~J~ _ -. -.-3 ~ N - parcel base map inlor lion prow' y Dakota County Land Survey Departmert June 200J. Zo Information maintained byGity Staff City of Eagan ~ W E TNIS 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 ALTA/AGSM LAND (:TITLE SURVEY FOR: ANIB INSTITUTIONAL REALTY ADVISORS, INC.'? °''~ "° '~ °' -• -- - APT CORPORA'~E SQUARE, INC. .... ~ ` ' a'J . -' -. - . , ... j COD4MONWEALTH LAND TITLE INSURANCE COMPANY C C .°TTs 1 1.) 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Np. %I t o a ,xrML Sm«y rAFkall> eared nntW ). 1995 Revved: Mmrir 6. 19% Updarr rN Rurnih ..LOCATION MAP ~I gQnde Land 5urvcying ~Iuc_._, I~ z w~ 4z ~ ('~ V 1 ~-'- N ~"_~ 4~ W~ Ozw O Z~ Qm ~.. 4~ w Q ~ 0 ' C<= ~~y~ ~~= a 3 e 1~~~#:~~ d` -' . 4 mr~~ _~m ~~EF =Of ~'iF .-s<+~: s ~ 3 ' b - 'd~19 `JNO~IISW?~b' 113N - -- -- >_. . ,.::., _,.:,_.~.:w.... r~45~NG PAi'1N6 p J / , AREA ~OTLNTIAL STORAGE `~` t~ '~ ~~ '~ . 925 5~ SHAWN HATCHED 15 {; ~ ~~ ~; ~~ , . E - _. _ __-____ ___________ _~ -- _,____~ - ,, :r ~~~hr ~~ : t - __ . ___. _ hPRON ~ ~ ~ `'s f /;_ ., y;-,~- G r r' >~ ~ I ~` ~ ~ i U c cv `-JX "X ~ ~ I ,~,~` ~ ~ ~~~ ~ ~~' i ,~. 1 ChLL1~ u '°•" :~ F U~~ ~ r ~ a. -F--l-i_#_ f._#-~_-~ .. ~. '~-~--:"-F -r-a ~e c e { aI NII ~` t The green shaded area indicates the outside storage area. The blue lines indicate the location of the six foot metal chain link fence to be constructed. The outside storage would consist of large diameter cast iron pipe fittings and municipal castings such as manhole savers, meter boxes, and valve boxes. Everything will be an pallets. The maximum amount to be stq~~''- f,e will be around 80Q items. r 1 ,~ Grubb~Ellis® Property Solutions Worldwide February 1, 2005 Northco Real Estate Services Sheila Cartney, Planner VIA E-Mail City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 scarnley c(~,cityofea~an.com RE: Conditional Use Permit -Additional Information 3160 Neil Armstrong Boulevard, Eagan Dear Sheila: Thank you for your assistance with the Conditional Use Permit Application regarding 3160 Neil Armstrong Boulevard. The following is a response to your letter dated January 25, 2005, requesting further information on the following seven points: 1. Revised site plan (including enclosure} - Please find the attached revised site plan, which indicates the type and location of the enclosure. The enclosure will be constructed of chain link fencing at a height of approximately six feet. 2. Tanks - The owner, AMB Property L.P., has no knowledge of any tanks on the site. 3. Star Pipe - Star Pipe would be leasing (contingent to this permit) 19,200 square feet at 3160 Neil Armstrong Boulevard. 500 square feet would be built out as office space. The remaining 18,700 square feet would be warehouse. 4. Building breakdown - Please find the attached breakdown of the current tenants in the building. Grubb & Ellis ~ Northco Real Estate Services 4900 Viking Drive, Edina, Minnesota 55435 952.820.1600 - 952.820.1620 fax L+dependen(ly Ow+ted m:d Opernted ~n Polyone is leasing 57,600 square feet. 6,155 square feet is office space. 51,445 square feet are warehouse space. Polyone is the world's largest polymer service company, providing customers with a single source for colorant and additives products. ~-- _~ ~- E rG F I :.._.___ polymer, elastomer, Voicestream is leasing 19,200 square feet. ~ r~ ~ ~ r .~ ; .: 1,314 square feet is office space. 17,886 square feet is warehouse. Voicestream does business as `~ T-Mobile and is a world-wide provider to cellular phone products and service. 5. Site Plan (including contents) - The outside storage would consist of large diameter cast iron pipe fittings and municipal castings such as manhole covers, meter boxes, and valve boxes. Everything will be on pallets. The maximum amount to be stored there will be around 800 items. Please find the outdoor storage location on the attached revised site plan, which is where these items will be stored. 6. Storage Size - The outdoor storage area would encompass the entire area indicated on the attached revised site plan. This area is approximately 15,925 square feet. The tenant will have no more than four employees on site at any time. The area immediately to the north of the space will allow for employee and/or visitor parking. Star Pipe does not have walk-in customer traffic. 7. Star Pipe Current Location - Star Pipe has it headquarters in Houston, Texas. This new distribution location at 3160 Neil Armstrong Boulevard is not being relocated from another location. Rather, this location will be a new facility for Star Pipe to allow them to better serve their local clients. Thank you for your assistance with this project. Please contact me with any questions. Sincerely, Scott Carlson Brokerage Assistant 66 Sheila, We feel all outdoor storage of items that could otherwise be stored in a warehouse should at a minimum be fully screened from view from public roadways and neighboring properties whose value maybe adversely impacted.. In Star Pipe's case that would mean some type of privacy fencing extending from the northeast corner of the building north to the property line and then east to the easterly property line (see attached diagram). With our existing office use to the north along with our plans to construct a second office building on the site possibly in the near future it'd important that reasonable measures be taken to screen outdoor storage so as to not damage our property value. Unscreened outdoor storage would be quite visible to persons entering our property from the south. Back in April of 2002 we submitted a CUP application for outdoor storage at our 935 Aldrin Drive facility which is a short distance from the subject property. City staff recommend the following conditions for approval among others: i) "The outdoor storage areas shall be enclosed with anodized aluminum panels of a color compatible with the principal structure; ii) Outdoor storage shall not exceed the height of the enclosure; iii) A landscaping plan that provides a mixture of evergreens and overstory trees along the east property line shall be submitted tot he City for staff review prior to the release of the Conditional Use Permit for recording." Ultimately the cost of the anodized aluminum fencing was so high we withdrew our application. We don't feel Star Pipe should be required to install such ail outlandishly expensive fence, rather we'd like to see some type of wood fencing with architectural design features to make it look nice. Limited landscaping to soften the fence might also be appropriate and storage should not exceed the height of the fence. You may include our comments in your report to the reviewing bodies. Sincerely, Cary Santoorjian Real Estate Manager c/o Dart Transit Company 800 Lone Oak Road Eagan, MN 55121 651-683-1406 952-212-4975 cell 651-681-6406 fax gsantooij ian@dart.net 6~ 02116%005 13:08 EA~;AN EN6+GOM UEU i 96i~1i~1~b NU. iJ4 Wk7G `~ ~~J ~s~-o'' zo'-c" , T A~~A ~ ~~r~NriA~ ~ ~~R~~ ~ SHOWN H~1~~H~D 15,25 5f COr~RErE • APRON T N ~8 Agenda Information Memo March ], 2005, Eagan City Council Meeting B. PLANNED DEVELOPMENT AMENDMENT - BIRCHWOOD OFFICE PARK ACTIONS TO BE CONSIDERED: To approve a Planned Development Amendment to change the exterior building elevations of the four office condos and to Re-Plat Lots 4 and 5, Block 1, Birchwood Office Park, for property located west of I-35E North of Yankee Doodle Road and East of Marice Dr, in the SW '/4 of Section 10; subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: - In December 2004 the subject site was granted final approval for four office condo buildings on one parent ]ot and a dental office on the lot to the south. - The applicant is requesting to modify the exterior building materials and alter the appearance of the office condos. - The Amendment no longer includes the common area that was approved with the Final Planned Development, resulting in a slight expansion of Lots 4 and 5. - The total building square footage remains the same - The Advisory Planning Commission held a public hearing on February 22, 2005 and recommended approval 6-1. ISSUES: - After the APC meeting the applicant provided staff with an alternate plan (option A) to the proposed amendment which includes removing the stone veneer band (originally approved) around the bottom of the buildings and replacing it with EIFS Wainscot, this option was not viewed by the APC or part of the original Planned Development Amendment application. Wainscot is proposed for the sides and rear of all buildings. - Due to confusion at the APC meeting additional elevations are included separate from the staff report. 60 DAY AGENCY ACTION DEADLINE: March 29, 2005 69 New Business B. ATTACHMENTS (4): Draft APC Minutes on page through Proposed Elevations on pages through Approved Elevations on page Staff Report on Pages ~ through 'JD City of Eagan Advisory Planning Commission Meeting Minutes February 22, 2005 Page 3 B. Birchwood Office Park Applicant Name: Korey Bannerman, Metropolitan Office Condos Location.: 3356, 3352,3348,3344 Sherman Court; Lot 4 & 5, Block 1, Birchwood Office Park Application: Planned Development Amendment A Planned Development Amendment to change the exterior of the building. File Number: 10-PA-01-01-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated February 7, 2005. She noted the background and history. Clark Wicklund, Engineer stated the marketing of the product became difficult due to the shape and size of the footprint. 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 Chavez inquired about the application indicating two different north elevations. He also inquired about the bottom of page two of the staff report, discussing the windows and added balconies. Mr. Wicklund explained that the lower elevation should be labeled as the south elevation. He stated page A-8 of the application shows proposed balconies on the front elevation of building B. Jason Jennings stated the buildings forming an "L" around the pond are proposed to have a walk out feature. He discussed-the deviations from the plan to clarify inaccuracies in the application submitted for the staff report. He stated the total office square footage has not changed. He explained that instead of the loft area, a full third floor has been created, serviced by an elevator, leaving the rear elevation unchanged. Chair Heyl stated disagreement with lack of marketability as reason for a Planned Development Amendment. She stated preference that the plan remains as originally approved by the City Council. She also directed the applicant to provide staff revised plans that better clarify the request prior to the March 1St City Council meeting. Member Gladhill moved, Member Leeder seconded a motion to recommend approval of a Planned Development Amendment to change building elevations on the office condos and to Re-plat lots 4 and 5 for property located west of I-35E North of Yankee Doodle Road and East of Marice Dr, known as Birchwood Office Park in the SW '/< of Section 10 subject to the following conditions as amended: 1. A Planned Development Amendment agreement must be executed and recorded. 2. Revised property owner association documents shall be submitted prior to release of the plat for recording. ~i City of Eagan Advisory Planning Commission Meeting Minutes February 22, 2005 Page 4 3. All other conditions in the Final Planned Development Agreement and Subdivision apply. 4. All building sides shall be treated as a front. 5. All mechanical equipment shall be screened from public rights-of-way and properties with different land use designation. 6. 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. 7. Proof of ownership for Lot 1 shall be provided. 8. Stone Veneer shall be added to the rear of the buildings as originally approved. A vote was taken. Aye: Members Dugan, Hansen, Leeder, Chavez, Gladhill, and Matthees. Nay: Chair Heyl. Motion carried 6-1. VII. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VIII. OTHER BUSINESS City Planner Ridley stated a Workshop will be held at 5'30 p.m. on Thursday March 10, 2005. IX. ADJOURNMENT Member Leeder moved, and -Member Chavez seconded a motion to adjourn the Advisory Planning Comraiission meeting at 7:25 p.m. All voted in favor. Motion carried 7-0. 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I 1 : 'I 11 a~~ I =___--~ 11 I ~ {~a; ,1 _ ;1 1 9~='• y 11 I - ,I 1 II ~ ti i 11 ~ ~ >. 1 11 I ,I ® ©~~ X0~1 0O 1 ~' ~ ,, z' 1 \" ' 1 1 O _u_~ f- -LL'--'~ ~ pp • 11 1 Q t > ~i > O 03 I 0y w a ~~ _y i~ ~ ~ / w wl w I w ~ i; ~ o 1 r R1 11 M 8 _ 1 ~ YI ~~ 1 _al C _u_i ----- ,.I ~ ~ a 1 ~ PLANNING REPORT CITY OF EAGAN REPORT DATE: February 7, 2005 APPLICANT: Korey Bannerman PROPERTY OWNER: Same REQUEST: Planned Development Amendment CASE: 10-PD-O1-O1-OS HEARING DATE: February 22, 2005 APPLICATION DATE: January 28, 2005 PREPARED BY: Sheila Cartney LOCATION: East of Pilot Knob Road at Maxice Drive between Sherman Court and I-35E COMPREHENSIVE PLAN: Special Area 4 ZONING: PD, Planned Development and Re-Plat SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to change building elevations on the office condos and to Re-plat lots 4 and 5 for property located west of I-35E North of Yankee Doodle Road and East of Marice Dr, known as Birchwood Office Park in the SW '/4 of Section 10. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote oftwo-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 2004 an application for Rezoning, Preliminary Subdivision and Preliminary Planned Development was filed for the subject site. The Subdivision combined 3 lots to create 61ots and was called Northwood Office Condos. In December 2004, Northwood Office Condos changed to Birchwood Office Park and received approval of a Final Subdivision and Final Planned Development for 4 office condo buildings on one parent parcel and a dental office on the southern g'o Planning Report -Birchwood Office Park February 22, 2005 Page 2 end of the site. Recently the dental site has been sold to an independent party and is no longer part of the Birchwood Office Park. EXISTING CONDITIONS The site is graded and currently under construction. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Desi nation North Future Northwood PD, Planned HD, High Density Parkway; Glen Pond Development A artments East Hotel, bank, daycare PD, Planned O/S, Office Service Develo ment South Interstate 35E ROW ROW West Senior assisted living LB, Limited O/S, Office Service a artment/restaurant/office Business EVALUATION OF REQUEST Proposal -The applicant is requesting to modify the exterior building materials and alter the appearance of the office condos, as well as re-plat Lots 4 and 5. The Amendment no longer includes the common area that was approved with the Final Plamled Development, resulting in an expansion of Lots 4 and 5. Building_Materials -The original materials consisted of asphalt shingles, cement trim, culture stone around the bottom of the building, and hard surfaced siding in neutral colors. The side elevation included small triangular windows and the rear elevation had various square windows. The front elevations have a window feature on a triangular facade. With a stone veneer finish. The rear elevations have entrances that are distinctive by a roof structure. The Amendment includes similar materials as the approved plan, but has a different architectural style. The front of the building will still have the cultured stone veneer along the bottom but the rear elevations will not, it will be an EIFS accent band, due to lack of exposure. This deviation from the approved plan is not consistent with standard code provisions which require all sides of a building to be treated as a front. The EIFS and asphalt shingles are the same. The windows are predominately different. The style of the windows are different and the front facades are different (see exhibit). The windows on the rear elevations will be outlined in EIFS and a balcony is added. The entrances to the rear are not as distinctive as the original plans. S/ Planning Report -Birchwood Office Park February 22, 2005 Page 3 It appears the building materials are comparable to what was originally approved. According to the applicant's narrative the revised plans will blend more with the surrounding area and the parcel to the south (dental site). Re-Plat -The applicant is requesting to re-plat lots 4 and 5 Block 1 Birchwood Office Park into Lots 2 and 3 Birchwood Office Park 2"d Addition. The re-plat is being proposed because the common space that was in between lots 4 and 5 is no longer going to be developed, therefore leaving room for Lots 4 and 5 to expand. The proposed re-plat is consistent with the Planned Development. SUMMARY/CONCLUSION The applicant is requesting an Amendment to the Final Planned Development to change the exterior elevations. The materials are generally consistent with the original approvals the appearance is altered slightly. The changes appear to be minor, although removing the stone band from the rear of the buildings is a deviation from the approved plans and code requirements. The applicant is also seeking to re-plat Birchwood Office Park in order to enlarge Lots 3 and 4 because the common area is no longer needed. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to change building elevations on the office condos and to Re-plat Lots 4 and 5 Block 1, Birchwood Office Park into Lots 2 acid 3 Birchwood Office Park 2"a Addition for property located west of I-35E North of Yankee Doodle Road and East of Marice Dr, known as Birchwood Office Park in the SW '/a of Section 10; subject to the following conditions: 1. A Planned Development Amendment agreement must be executed and recorded. 2. Revised property owner association documents shall be submitted prior to release of the plat for recording. 3. All other conditions in the Final Planned Development Agreement and Subdivision apply. 4. All building sides shall be treated as a front. 5. All mechanical equipment shall be screened from public rights-of--way and properties with different land use designation. 6. 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. 7. Proof of ownership for Lot 1 shall be provided. A~ Birchwood Office Condos Project Narrative What you want to do; timing/phasing Clearing and site utilities have been completed based on the original plan and this amendment request is to change the exterior presentation of the building to comply more with the current and proposed character of the immediate area. Footings and foundation have been completed for building number one and construction of the shell only is ready to conunence at this date. The exterior finish of building number one will not start until the PD amendment review process is completed and a decision is received. Construction scheduling for the remaining buildings is contingent on re-plat approval. Building number two construction would be expected to begin in April with the remaining two buildings with in the next two years as warranted by market conditions. The Principals previously involved in the original planned development submittal are no longer with the company. During our construction review, the plans were modified to bring the footprint into compliance with the original lot set-back requirements and the exterior appearance and finishes were revised to be more compatible with the character of the surrounding neighborhood and the proposed new construction on Bleek-tvn~rle. ('n~~'fz~t s~~~ ~- ~ ~; l c~U,G 1 Existing land uses on subject property Site work including work related to the wetlands has been completed based on the previously approved civil documents. The proposed use has not changed from the original PD Agreement. Surrounding land uses and zoning within 660 feet This PD amendment has no impact on the surrounding uses and offers improvement in the external appearance of the proposed construction. What impact does the PD amendment have on surrounding property and land uses? The planned development amendment provides an opportunity for the owners to offer a cohesive and compatible appearance to the planned development. What impact does the PD amendment have on the subject property? The revision offers a more esthetically pleasing appearance to the building exteriors. What impact does the PD amendment have on City services, such as sewer, water, stormwater run-off and roads? None. Does the requested land use proposed by the amendment result in a better use of the land? The requested land use proposed by this amendment has not changed per the original plan. 83 Location Map = .-~ - ~ f r 'r. ' D B~~ ,~:, I ~ ~'~, ,, Eagan Boundary rr`. j Street Centerline Parcel Area Building Footprint ~~ ~ ?° ;. o ., ~ _ r %` r ,~~' F. _ ;-.- ,. ,. ~~,, ,, . `~ `~ ~~ ~ ~- ~_ v ~ ~ \ L i i. ; ;, ^~, ~,, . \. v' ~~~* C 7 .~ ,, ^``~ .~Yl `d ~J .~r ~ W ~ r r- . Q i LI ~-= i ,: .~ ~~ ~~'~ o ~. 0 C 10 D^ 1000 0 1000 2000 Feel Development/Developer: Birchwood Office Park Application: Planned Developm dment Case No.: 10-PA-01-01- Q~' .-Tr~j:,-t Map Prepared using ER51 AreView;.1. Parcel base map data provided N ._,~~4 ,~- ~ by Dakota Counly Office of GIS and is curtent as of January 2004. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city of eagnn The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Devtlopment Dep.rtne nt not responsible for errors or omissions. Subject Site % ~ ~ ~ ~ =o' i; r ti~ F _ LJ > _ - C `$ 1 f / 2 ~[ O Y /'J . ~ ~ ~- e~~ T~DUNT~^ROAD-N0,2µYANNEEL000LEHOALL) r ~~ - ~ [~ Current Zoning and Comprehensive Guide Plan Land Use Map Birchwood Office Park PD Amendment Case No. 10-PD-01-01-05 Zoning Map R-Z R-4 t-L, P c 4 m R - 0 ~ PD ~~" o =o. pp 3 Current Zoning: r Z ~" D y PD Planned Development y a ~'" ~ g LI3 PD RD PD Location PD oo o coo uoo r..t P I G PD COUNTY ROAD N0.26 (YANKEE I PD S PD ~ ~~~ ~ ~ Comprehensive Guide Plan Land Use Map SA SA o a D a O ~ x SA ny j 20 SA r3 ~v, _ P ~ p = 0/ Current Land Use Designation: SA SA SA SA Location SA Special Area 4 SA 00 0 600 1500 Het A COUNTY ROAD N0.29 (YANKEE [ A SA ~~ - _ Parcel hass map infor atidarPbvi~k ~ n!y LandSvvey DeparlmeN June 2001. 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I a rww a ~~ o ~~ ~xx s ~ ~ ~ ~ ~ ~~ ~ ~~~~ ~~~ g ~~ ~_ ~~ ~ ~~~ ~ ~~~" ~a ~ ~ . ~ ~~ ~ ~~ a ~ ~ ~ ~§ ~ ~~ ~~~ ~~ ~ ~~g ~ ~~ a .i : d x s~ ---L b~ I 1 D cn O 0 I U rc ~~ Q ^~ I9 W '"' Agenda Memo March 1, 2005 VIII. CAPONI PROPERTY ACQUISITION: A. AGREEMENTS-CAPONI PROPERTY ACQUISITION ACTION TO BE CONSIDERED: To approve the following agreements (8) providing for acquisition of the Caponi property and creation/operation of the Caponi Art Park subject to City Attorney and City Administrator satisfaction that all City Council conditions are satisfied: (One motion is sufficient for all agreements.) 1. Grant Agreement -DNR Natural and Scenic Area Grant • Provides for $200,000 of funding • City/County/State • Requires completion of federally certifiable appraisal 2. Grant Agreement -DNR Remediation Grant • Provides for $300,000 of funding • City/County/State • Requires completion of federally certifiable appraisal 3. Dakota County/City of Eagan Joint Powers Agreement • Condition of County's $850,000 funding • Provides for use of South 20 acres • Similar to JPA on Anderson acquisition 4. Conservation Easement -South 20 Acres • City/County • Provides for permanent use restrictions on South 20 acres • Limits future value of property 5. Conservation Easement -Northwest 10 Acres • City/Caponi Art Park Board • Provides for permanent use restrictions on Northwest 10 acres • Limits future value of property - in second position behind CAP mortgage to Caponis • Reflects life estate granted to Caponis 6. Conservation Easement -Middle 20 Acres • City/County/Caponi Art Park Board • Provides for permanent use restrictions on Middle 20 acres • Limits future value of property - in first position ahead of CAP mortgage to Caponis Q3 7. Maintenance Agreement • Condition of Memo of Understanding • City/Caponi Art Park Board • Includes Caponi Art Park Business Plan 8. Operating Agreement • Condition of Memo of Understanding • City/Caponi Art Park Board FACTS: • The Memo of Understanding providing for the acquisition/operational framework was approved by the City Council on December 13, 2004. • A purchase agreement with the Trust For Public Land (TPL) was approved by the City Council on January 4, 2005. • Approval of the preliminary and final subdivision of the Caponi Art Park was given by the City Council on February 15. • The scheduled closing date is March 15, 2005. The closing will involve a simultaneous transfer of the property from the Caponis to TPL and to the City. • A number of documents were received by City officials on Wednesday, February 23 and turning them around for packet preparation has been problematic. • The documents as drafted reflect previous City CounciUSubcommittee direction and the hard work of Councilmembers Carlson and Maguire. The documents formalize earlier discussion into the necessary legal format. • Since all of the documents are not in final form for review by the Caponi Subcommittee and City Council, staff is asking that the City Council provide additional direction and approve them subject to City Attorney and City Administrator satisfaction that all City Council conditions are satisfied. Every effort is being made by the City Attorney's office and City staff to meet the desired closing date of March 15. • The Caponi Subcommittee of the City Council is scheduled to meet on Tuesday, March 1 before the regular City Council meeting to review/discuss all agreements in order to make a recommendation to the full Council. 9~ • The City Attorney's Office continues to work on all other required documents such as Title Opinions required for closing. • There are numerous technical attachments to the agreements such as the Natural Resources Management Plan that are not included in this packet material and do not require specific approval by the City Council. • There are also numerous documents between the Caponis and the Caponi Art Park Board in which the City is not officially a party. The City Attorney's Office is reviewing those documents to ensure consistency with City expectations. • Per City Council direction staff is expecting that all City assessments and connection charges will be paid at closing and unless otherwise directed by the City Council, staff will not close the transaction without such payment. • The Dakota County Board is scheduled to consider their required agreements on March 1 as well. • A complete Sources and Uses of Cash/Value on this transaction is as follows: Cash/Value: Dakota County $ 850,000 City of Eagan 720,000 DNR Natural and Scenic Area Grant 200,000 DNR Remediation Grant 300,000 TPL (Metro Wildlife Corridors Program) 191,000 Subtotal $2,261,000 Caponi Art Park Board-Gross $3,158,000 Less: Value of Life Estate (321,500) Caponi Gift 956 500 Caponi Art Park Board-Net $1,880,000 • Total cash and mortgages is therefore $4,141,000 ($2,261,000 + $1,880,000). Total value is $5,419,000 ($2,261,000 + $321,500 + $956,500 + $1,880,000). qs ATTACHMENTS: • Enclosed without page number are the following agreements: Note: The agreements are rather technical in nature; however, they reflect the guidance provided by the Caponi Subcommittee and the City Council. The agreements are not all in their final form at this time as to the technical details, although substance will not change. 1. Grant Agreement - DNR Natural and Scenic Area Grant 2. Grant Agreement -DNR Remediation Grant 3. Dakota County/City of Eagan Joint Powers Agreement 4. Conservation Easement -South 20 Acres 5. Conservation Easement -Northwest 10 Acres 6. Conservation Easement -Middle 20 Acres 7. Maintenance Agreement 8. Operating Agreement • In the event any City Councilmember would like a copy of the Memo of Understanding, the Purchase Agreement, or any other documents or information, please contact the Office of the City Administrator. 96 Agenda Memo March 1, 2005 B. AUTHORIZE MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE CAPONI ART PARK ACTION TO BE CONSIDERED: To agree to appoint a member to the Caponi Art Park (CAP) Board. FACTS: • The Caponis have been recently provided a legal opinion regarding their gift which is included in the acquisition of their property by the City. The opinion states generally that due to the size of the gift, the CAP status maybe changed by the IRS from a publicly supported charitable organization to a private foundation. • To avoid that potential IRS problem and its negative consequences the attorney is suggesting that the CAP become a support organization of the City of Eagan which results in a special tax classification. The necessary test to be classified as a support organization can be met in one of two ways. First, one officer or director of the CAP is elected by an officer of the City of Eagan. For example, if the mayor of the City of Eagan (or some other city official) appoints one of the directors of CAP, this requirement would be satisfied. Second, one member of the governing body of the City of Eagan is also an officer or director of CAP. For example, this requirement could be satisfied if the Bylaws of CAP provide that one member of the city council of Eagan will be a director of CAP. • It appears that the first method would allow the City Council to appoint the Mayor, a City Councilmember or a citizen to the CAP. • The City Attorney is reviewing the letter for any legal ramifications and other City considerations. • The CAP must have their Bylaws amended by the closing on the property (Scheduled for March 15); hence action is required by the City Council. However, the appointment does not need to be made at this time. ATTACHMENTS: • Enclosed on pages ~~~ through ~~ is the legal opinion as provided by the Caponis. ~~ D1C20VG rItJRVn'v ra.~••..vlvvvv~w i vV is .v-.~ ... ... ..... ~.ii' ZTCU FfRST iv.lTil)~1~L bANiK 9LILSJ'iD+(+ 3a2 ~!11~NfSU'fA 1TRfF'T S~lh!' P.~UL. h!I~'NE~Q1'A 3,5lC:I BRIGGS ~~ ;,1TORG~.~T 1'RC71"i:SSi~iN.i. A;tiC,C. to?IC)N Tl:i.~i!iVtilr :6i1: rUa•hbC)C) F~CSIKILF. '6S1? r,c;~-~-4iv ~:~ITER'S PfRECi DIA! (631; 8d8-6G09 WRITER'S F•M+U;. g't~am p~briggs tom l`Cl7rL1&ry 21, 2C}Q,S Mr. Cary Felbab President Caponi Art Park 1:05 Diffley Road Eagan, ?vIIvT 55123 Dear Mr. Felbab: Section 4 of the proposed Merroraxrdum of C'nderstandiag beriv'cen the City- of Eagan and L ony Caponi and Cheryl Caponi prod des, ir. relevant part, a9 follows: :. -The tentative purchase price of Parcels A and B will be reductd by a gift from the Caponis irr the arrount of 596,540 to ylcld the final purchase p:'ice to be paid by Caponi Art Paxk (CAF) for parcels A and B; and 2. The fi;tizl purchase price will be paid by 3 note and conveyance of a mortgage by CAP t0 tf1C CaporllS Iti'Itll a tCri71 OS t1VC yCarS. the gift in the amount of 5956,500 by the Caponis to CAP will ha~-e an ex:trcnlely adverse effect on tre tax-exempt status of CAP whfca Jeopardizes the purposed transaction with the City of Eagan. Since the size of the gift sfgnificautly exceeds prior gifts to CAP, the gif3 will convert C.~P`s tax-exempt status from a publicly supported charitable organization to a private foundation. ]f CAP is classified as a private foundation for tzx purposes, the proposed salt of Parcels A and B will constitute a prohibiter act of "scif-dealing" under Section 4941 of the Internal Revonuo Code. If an act of self dealing is r:a*. corrected by conveying the property back to the Caponis within the taxable period permitts3 by the L*tternal Revenue Code, t~he LRS will impose a tax equal to 24Q% of the amcun.:nvo4ved on the Caporis and a tax equal to 50°~0 of the amot.tnt involved or. foundatior. managers (including officers and directors) who do not agree to the correction. Sincm correction of the self-dealing would mean negating the sale and conveying the property back to the Capon;,s, all parties (including the Caponis, CAP and the City of Eagan) should be concemcd about maintaining the tax-exempt status of CAP as a public charity. To avoid classification as a private Foundation, I recommend that CAP become a support organization of the City of Eagan. A "support organization" is a special tax classification under 177?~d.3 MI\ VfrP:)I.I~ .''I' FIL C r I^~ ;: E~?ER a W1t'W SR!i;t~S.C'(1~1 l•:LJAELR LIX 1AU~D1. R t~t: )AA'.. ~i<;1C1~T;~)N Cif tiv^ECF.r?~FN) I AV.' P~xwl;i 9~ BItIGGg ti.u 3TO~iG~N yi:. Cary Felbab February 21, 2COS Pegs 2 Section 509(x)(3) of the Ir_temel Revenue Code that will allow CAP to be ~'cated as a public charily ~vithout regard to the size of ary gifts received from the Capatua or any other donors. A support organization is treated as a pubi.ic charity by virtue of a special relationship with another charitable orgamza*ion or a poli:ics.l subdivision, such as the City of Eagan. To facilitate classification of CAP as a support organization, I recommend the fallowing: I. CAP' should amend its Articles o` lncorpvration to specifically state 1~at CAP is organized and ahali be operated exclusively for charitable and educational purposes, and in particular, to estaolislt, finance, create, develop, operate znd promote a cultural center for xlle benefit of the City of Eagan. 2. in addition, I recommend that the Board of Directors of CAP include a member of the city council or a person :rho is appointed by the mayor ar some other city official. The reason for tris recommendation is to satisfy the so-called "responsiti~cncss test" which is one of the statutory requirements of a support organization. The responsivctuss test can be satisfied by either of the fo:lowing statutory requirements: (aj One officer or d-reC20r o° CAP is elected by an officer o; the City of Eagan. Far axarnple, if the mayor of the City of Eagan (or some other city ofG:ial) appoints one of the directors of CAF, this requirement would be satisfied. (b) On: member of the governing body of the City of Eagan i5 also an officer ar director of CAP. For exerriple, this requirement cou]d be satisfied if tf~e $ylax•s of CAP provide the: one nrsenzbcr of the ciz}~ council of Eagan will be a director of CAP. Please let :ne lmoty •.vhich of the two alternate methods of satisfying tl:e responsiveness test is preferable to the City of Eagan and CAP. I will then prepare appropriate amendments to die governing documents to satisfy tr.e responsiveness test and the other statutory regui.rcments of a support organization. Sines rime is of the essence, I rccornmcnd that this matter be discussed with the City of Eagan. as soon as possible so that appropriate changes can be rnadc to the govcmirg documents of C:~P before the scheduled closing on Niarch 1 S, 2005. If yore have a~ty questions concerning this matter, or if you want to discuss the statutory requirements of a support organization in g.*cater detail, please do not hesitate to contact me. I'»ts;d~ ~ 3 99 BRIGI,s:~ tiN+~ 1ti10RC3A1~ M=. Cary F zlbab February 2l, 2005 Pag: 3 GA:{%tg Erclosurc cc. A]bart W. Linkeke III Tony and C31«yl CapQni Sincerely, Crrego ~ . Kvam /~ Agenda Information Memo March 1, 2005 Eagan City Council Meeting IX. NEW RUNWAY/AIRPORT UPDATE ACTIONS TO BE CONSIDERED: There is no formal action to be considered. This item is for informational purposes only. FACTS: - The Noise Oversight Committee (NOC) Community Representatives have held two open houses in the past two weeks at Mendota Heights City Hall and Cedar Valley Church in Bloomington. - Approximately 50 people attended the Mendota Heights Open House, and 10 people attended the Bloomington Open House. - There are two open housed remaining. The next open houses will take place on Thursday, March 3 at Diamond Lake Lutheran Church in Minneapolis and Thursday, March 10 at Richfield Middle School. The open houses begin at 7 p.m. and conclude by 9 p.m. - Residents from all communities are invited to attend the open houses. - The next Eagan New Runway/Airport Open House will take place on Apri121 at Thomas Lake Elementary School, beginning at 6:30 p.m. - As an informational item for the Council, State Representative Lynn Wardlow informed the City that he sent correspondence to Minnesota's Congressional delegation to request that they strongly encourage the FAA to uphold the original Record of Decision incorporating the 1996 Noise Mitigation Program and its intent to be an aggressive response to the busy and expanding MSP Airport. In short, he requested that the FAA issue a determination which would disapprove the proposed Noise Compatibility Program included in the MAC Part 150 Program submittal. /o/ ..a(~; i ~; .... >j Cily of Eagan Mcmo TO: HONORABLE MAYOR AND CTTY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 28, 2005 SUBJECT: ADDITIONAL INFORMATION /MARCH 12005 CITY COUNCIL MEETING RECOGNITIONS AND PRESENTATIONS Dan Wolters, the new Metropolitan Council appointment by Governor Pawlenty, will be present for introduction and comments during Recognitions and Presentations tomorrow evening. OLD BUSINESS Item A. Mittlestaedt Brothers Variance -Enclosed on page 47A is a memo addressing the relationship of the Mittlestaedt Brothers variance request to additional space necessary for wheelchair accessibility. NEW BUSINESS Item B. Birchwood Office Park -City Councilmember Maguire has made a request for a site plan of the original plat to compare with the re-plat of Lots 4 and 5, Block 1; the copy will be available for review at the meeting on Tuesday. s/s Thomas L. Hedges City Administrator City of Eagan Memo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIltECTOR DATE: FEBRUARY 28, 2005 SUBJECT: ADDITIONAL INFORMATION - MTTTLESTAEDT BROTHERS VARIANCE LOT 8, BLOCK 1, WOODLAND PLACE -MODIFIED PLAN Councilmember Carlson contacted staff requesting additional information regarding the Woodland Place-Mittlestaedt variance request. Specifically, she asked about the square footages of the home and garage as compared to a home that did not require wheelchair accessibility. As is noted in the packet background for this item, the applicant originally requested a 2.6% variance. In response to the Council's request that they attempt to reduce the footprint to minimize the variance, the applicant reduced the footprint by 214 square feet to reduce the variance request to 1.2% or 197 square feet over the 20% standazd. Because the hallways and specific rooms are embedded in the floorplan, it is difficult to back out specific square footages from the home that relate to these accommodations, although it is noted that hallways in the proposed home are planned to be at least six inches wider than a typical home and that ADA bathrooms and kitchens tend to require additional maneuvering space and often need to displace under counter storage to accommodate knee spaces. It is possible to compaze the proposed gazage to a typical three stall gazage, acknowledging that additional area is necessary in this case to accommodate wheelchair transfers to and from vehicles and for a person in a wheelchair to maneuver around the vehicles. As part of the footprint reductions, the applicant eliminated storage space from the garage and reduced it from 1,070 square feet to 950 square feet. Chief Building Official Schoeppner indicates that a typical three stall garage averages around 700 square feet, a difference of 250 square feet. If the revised proposed house footprint were paired with a typical garage, it would meet the lot coverage maximum. If the Council determines that the applicant's efforts to minimize the amount of the variance and the larger garage size to accommodate wheelchair accessibility support the request for the variance, this calculation can be used as that basis. H7A fl{ r { "sJ `. ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MARCH 1, 2005 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update City of Baran Memo TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 28, 2005 SUBJECT: ADMINISTRATIVE AGENDA /MARCH 1, 2005 CITY COUNCIL MEETING CITY ATTORNEY At this time there is no Executive Session planned, however, the City Council does reserve the right to call an Executive Session for the purpose of pending or threatened litigation or matters of union negotiations. CITY ADMINISTRATOR There are no items at this time. DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update -Staff is providing regular updates to the City Council regarding the City's redevelopment districts as a part of each administrative agenda. In addition to the information enclosed on pages o~ _ througll~, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. /s/ Thomas L. Hedges City Administrator J City of Eagan Memo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIItECTOR DATE: FEBRUARY 28, 2005 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redeveloument District • Schafer Richardson Ryland Development Agreement - At the City Council's direction, the staff, consultants and City Attorney aze continuing negotiations of the Development Agreement for the redevelopment of the core area. Staff will coordinate the details of the negotiation with the Council Finance Committee. A goal of Mazch 15 has been set to bring the agreement to the Council for action. • Acquisition and Relocation Plans -Staff is working with the developer to implement the Council direction to acquire and relocate properties and businesses in the redevelopment area in a timely manner. Staff has been approached by a number of property owners and is having initial meetings with them regarding willing seller-willing buyer acquisitions within the area. • Communications Activities -The update letters that were sent to businesses and neighbors of the redevelopment area have resulted in a number of calls to the City for additional information and clarification. The calls from businesses have tended to be for further information about the City and the developer's acquisition and relocation plans. The calls from residents have generally been clarification of the areas impacted by the redevelopment activities. • Nicols Ridge - In addition to the townhome models that are under construction in Phase I of the Nicols Ridge project, permits have been issued for the first of the condominium buildings. Of the properties necessary for Phase II of the project, only the Joos property has not been acquired by the developer to date the Joos property. Joe Joos has agreed to a purchase price and he has a purchase agreement in hand for consideration. When the agreement is executed, it will be forwarded to the EDA at a future meeting. • Financing Plans -Staff and the consultants are providing information to the Council Finance Committee for the long term financing of the public improvement projects in the area to date and the prospective costs of redeveloping the azea moving forward. Northeast Eagan Redeveloament District • Grand Oaks Development - On the basis of the Council approval of revised conditions for the outdoor storage CUP for the former Armor Sanitation site on Terminal Drive, TMI Coatings has closed on the property and have begun the remodeling of the from its current location to a site on Terminal Drive. McGough Office Project -Negotiations on the development agreement for the Blue Gentian Road property are continuing. McGough continues to refine assumptions about the building size. Retail Development Potential -There is continuing interest in potential retail development in the Hwy 55 area. Staff will provide specific information to the Council if a specific project comes forward. Data Center Proposal -The City has been contacted by a broker interested in locating a 200,000 to 300,000 s.f. data center in Eagan. At the present time the broker is not revealing the company name, but is narrowing the search for them. A number of locations that meet the company's site criteria are in northeast Eagan, although not specifically within the redevelopment district. Staff has forwarded candidate sites to the broker and will stay in touch to promote the Eagan locations. 3 i ~ ~ ~,: ADMINISTRATIVE AGENDA REGULAR CITY COUNCIL MEETING EAGAN, MINNESOTA MARCH 1, 2005 CITY ATTORNEY CITY ADMINISTRATOR DIRECTOR OF PUBLIC WORKS DIRECTOR OF COMMUNITY DEVELOPMENT Item 1. Redevelopment District Update City of Ea~au ~e~o TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 28, 2005 SUBJECT: ADMINISTRATIVE AGENDA /MARCH 1, 2005 CITY COUNCIL MEETING CITY ATTORNEY At this time there is no Executive Session planned, however, the City Council does reserve the right to call an Executive Session for the purpose of pending or threatened litigation or matters of union negotiations. CITY ADMINISTRATOR There are no items at this time. DIRECTOR OF PUBLIC WORKS There are no items at this time. COMMUNITY DEVELOPMENT DIRECTOR Item 1. Redevelopment District Update -Staff is providing regular updates to the City Council regarding the City's redevelopment districts as a part of each administrative agenda. In addition to the information enclosed on pages ~_ throug~_, staff will be available to provide comments or respond to questions relative to the redevelopment projects at Tuesday's meeting. /s/ Thomas L. Hedges City Administrator J City of Ea~au Memo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: FEBRUARY 28, 2005 SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE The following update reflects activity in the City's redevelopment districts. Cedar Grove Redevelopment District • Schafer Richardson Ryland Development Agreement - At the City Council's direction, the staff, consultants and City Attorney are continuing negotiations of the Development Agreement for the redevelopment of the core area. Staff will coordinate the details of the negotiation with the Council Finance Committee. A goal of March 15 has been set to bring the agreement to the Council for action. • Acquisition and Relocation Plans - Staff is working with the developer to implement the Council direction to acquire and relocate properties and businesses in the redevelopment area in a timely manner. Staff has been approached by a number of property owners and is having initial meetings with them regarding willing seller-willing buyer acquisitions within the area. Communications Activities -The update letters that were sent to businesses and neighbors of the redevelopment area have resulted in a number of calls to the City for additional information and clarification. The calls from businesses have tended to be for further information about the City and the developer's acquisition and relocation plans. The calls from residents have generally been clarification of the areas impacted by the redevelopment activities. Nicols Ridge - In addition to the townhome models that are under construction in Phase I of the Nicols Ridge project, permits have been issued for the first of the condominium buildings. Of the properties necessary for Phase II of the project, only the Joos property has not been acquired by the developer to date the Joos property. Joe Joos has agreed to a purchase price and he has a purchase agreement in hand for consideration. When the agreement is executed, it will be forwarded to the EDA at a future meeting. Financing Plans -Staff and the consultants are providing information to the Council Finance Committee for the long term financing of the public improvement projects in the area to date and the prospective costs of redeveloping the area moving forward. Northeast Ewan Redevelopment District • Grand Oaks Development - On the basis of the Council approval of revised conditions for the outdoor storage CUP for the former Armor Sanitation site on Terminal Drive, TMI Coatings has closed on the property and have begun the remodeling of the from its current location to a site on Terminal Drive. McGough Office Project -Negotiations on the development agreement for the Blue Gentian Road property are continuing. McGough continues to refine assumptions about the building size. Retail Development Potential -There is continuing interest in potential retail development in the Hwy 55 area. Staff will provide specific information to the Council if a specific project comes forward. Data Center Proposal -The City has been contacted by a broker interested in locating a 200,000 to 300,000 s.f. data center in Eagan. At the present time the broker is not revealing the company name, but is narrowing the search for them. A number of locations that meet the company's site criteria are in northeast Eagan, although not specifically within the redevelopment district. Staff has forwarded candidate sites to the broker and will stay in touch to promote the Eagan locations. 3