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07/05/2005 - City Council RegularAGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING July 5, 2005 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA f 1 A. APPROVE MINUTES 19 B. PERSONNEL ITEMS ?/ y C. CHECK REGISTERS D. APPROVE Checklist for the Consideration of R-2 and R-3 Development in LD Low Density Comprehensive Guide Plan Districts pr q E. APPROVE Change Order No. 1 for Contract 05-01, Citywide Street Improvements 'p a1D F. APPROVE Change Order No. 1 for Contract 05-02, Citywide Street Improvements G. APPROVE Amendment No. 1 to MNDOT Cooperative Agreement No. 86692 (Project 859, TH 551Lexington Avenue/Blue Gentian Road - Intersection Reconfiguration) n a?H. APPROVE Final Payment of Contract 02-17, Cedar Grove Parkway and Central Parkway - Streetscaping and I Lighting ;J I. ACKNOWLEDGE completion and authorize City Maintenance of Project 02-K (Forest View Addition) J. APPROVE Off-Sale Liquor License for E & M Liquor LLC, 1444 Yankee Doodle Road ?,2b K. DIRECT Preparation of an Ordinance Amendment, Chapter 5, Wine, Beer and Liquor Licensing and Regulation ?a L. AUTHORIZE Preparation of Policy regarding Requirements that Banks or Financial Institutions Provide Letters of 1 Credit or Financial Guarantees p? 9 M. APPROVE 2005 Fee Schedule Amendment to add Temporary Sign Permit 3 N. APPROVE Final Planned Development and Final Subdivision - Manley Land Development / Homestead Village - A Final Planned Development of 7.30 acres to create nine (9) twin homes. A Final Subdivision of 7.30 acres to create nine (9) twin home lots and one (1) outlot in the SE'/4 of Section 36 ?3 r O. APPROVE five (5) one-day conference registrations for five members of the Eagan Airport Relations Commission to attend the 2005 Summer N.O.I.S.E. Conference at the Eagan Community Center. pal P. APPROVE request for 6" private well for Thomson West V. PUBLIC HEARINGS 3 A. EASEMENT VACATION - Vacation of public drainage and utility easement - Oak Hills Church 3d B. PROJECT 922, Lone Oak Drive and Lone Oak Parkway (Trail) - Continue Public Hearing to July 19, 2005. VI. 1 OLD BUSINESS P 7 A. CONDITIONAL USE PERMIT - First Industrial - A Conditional Use Permit to allow outside storage of trailers located at Lot 1, Block 1, Apollo Subdivision in the NE '/4 of Section 11 VII. NEW BUSINESS p 96 A. ORDINANCE AMENDMENT - Amendment of City Code Chapter 10 to Require the Posting of a Financial Security Associated with Appeals of Wetland Determinations f19 B. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT - Manley Land Development - Eagan Woods - A Planned Development Amendment and Final Planned Development to build a 24,000 sq. ft. 2 story Class A office building located at Outlot B, Eagan Woods Office Park (2nd Addition) in the NE '/4 of Section 4 C. WAIVER OF SUBDIVISION - James Carlson and Robert Koenke, A Waiver of Subdivision to shift the property P / de VV line between Lots 5 and 6, Block 1, Wilderness Park Addition in the NE `/4 of Section 27. IX. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE X. ADMINISTRATIVE AGENDA a. Comments by City Council, City Administrator, and Department Heads XI. NEW RUNWAY/AIRPORT UPDATE r0xil. ECONOMIC DEVELOPMENT AUTHORITY 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 1191. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize staff to enter into negotiations for the potential acquisition of MEI Business Solutions (Yarbrough) Property, 4040 Cedar Grove Parkway p /al 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize staff to enter into negotiations for the potential acquisition of AVVR (Lundeen) property, 3994 Cedarvale Drive F. OTHER BUSINESS G. ADJOURNMENT XIII. VISITORS TO BE HEARD (for those persons not on 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. A City of Eagan In To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: JULY 1, 2005 Subject: AGENDA INFORMATION FOR JULY 5, 2005 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 5, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo July 5, 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 June 21, 2005 regular City Council meeting and the June 15, 2005 special City Council meeting as presented or modified. ATTACHMENTS: Minutes of the June 21, 2005 regular City Council meeting are enclosed on pages) through -g. Minutes of the June 15, 2005 special City Council meeting are enclosed on pages through / .. . a MINUTES OF A REGULAR MEETING OF THE ®R4 FT EAGAN CITY COUNCIL Eagan, Minnesota June 21, 2005 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Jim Roseblum, one of three owners of Cedar Bluff Townhomes represented at the meeting, addressed the City Council about the need for improvements to the housing units at Cedar Bluff. He informed the Council that is seeking to have the homes designated as a Housing Improvement Area (HIA) through the State of Minnesota. Mr. Roseblum noted that under the HIA program, the City would provide a loan to the owners of Cedar Bluffs Townhomes to make improvements to the units. The loan would then be assessed back to the association, according to Mr. Roseblum. The City Council directed staff to work with Mr. Roseblum and his fellow owners, as well as contact the Community Development Agency, to further explore the options available to Cedar Bluff Townhomes to improve their housing units and property. A regular meeting of the Eagan City Council was held on June 21, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmember Fields, Councilmember Tilley, Councilmember Carlson and Councilmember Maguire. Also present were City Administrator Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. AGENDA City Administrator Hedges stated that item F on the Consent Agenda will be pulled from the agenda and continued to the July 5, 2005 Council meeting and that item D on Old Business will to be continued to the November 15 Council meeting per the request of the applicant, Paster Enterprises. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as modified. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Fields asked to pull Item C for a separate vote. A. Minutes. It was recommended to approve the minutes of the June 7, 2005 regular City Council meeting, the May 31, 2005 special City Council meeting, and the May 24, 2005 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Matthew Steele and Andrew Paul as seasonal parks maintenance workers. 2. It was recommended to approve the hiring of Lindsey Taylor as a seasonal landscape crew worker. 3. It was recommended to approve the hiring of Michael Graves and Mark Gradient as seasonal utilities maintenance workers. 4. It was recommended to approve the hiring of Mary Schlender and James Snodgrass as part-time seasonal recreation assistants (emcee & special events). 5. It was recommended to approve the hiring of Mandy Wineberg as a part-time seasonal program assistant (tennis program). 6. It was recommended to approve the hiring of Michelle Collette, Chris Donahue, Peter Fredricksen, Sarah Hartman, Derek Hoffman, Samantha Freund, Kevin Hu and Iosif Sorokin as part-time seasonal tennis instructors. C. (Pulled for discussion) Check Registers. It was recommended to ratify the check registers dated June 9, 2005 and June 16, 2005 as presented. Eagan City Council Meeting Minutes b19 A June 21, 2005 Page 2 Councilmember Carlson moved, Councilmember Tilley seconded a motion to ratify the check registers dated June 9, 2005 and June 16, 2005. Aye: 4 Nay: 0 Abstain: 1 (Fields) D. Tree Maintenance Contractor License. It was recommended to approve Tree Maintenance Contractor Licenses for A+ Tree Service and Prime Cut Tree Service. E. Conduct Excluded Bingo. It was recommended to approve an application to Conduct Excluded Bingo for the Eagan Foundation. F. (Pulled for continuance) Final Plan Development and Final Subdivision. It was recommended to continue the Final Planned Development and Final Subdivision- Homestead Village-Manley Land Development - A Final Planned Development of 7.30 acres to create nine (9) twin homes and a Final Subdivision of 7.30 acres to create 18 lots and one outlot in the SE '/4 of Section 36 to the July 5`s Council meeting. G. Preparation of Ordinance Amendment. It was recommended to direct Preparation of an Ordinance Amendment regarding bond requirements for wetland appeals. H. 897 Hyland Court. It was recommended to approve a no-loss decision, or no negative impact, to a wetland area at 897 Hyland Court. 1. Amendment. It was recommended to approve amendment to the April 19, 2005 City Council minutes. J. Contract 04-07. It was recommended to approve Change Order No. 3 for Contract 04-07 (Lexington Ridge-Street Improvements). Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the balance of the Consent Agenda. Aye:4 Nay:0 (Fields abstaining) PUBLIC HEARINGS PROJECT 813, FINAL ASSESSMENT HEARING, CENTRAL PARKWAY (STREETSCAPING) City Administrator Hedges introduced this item regarding the final assessment of Project 813 providing streetscaping on Central Parkway. Director Colbert provided information on the location of the project. He also provided information on which property owners will be assessed to support Project 813. All potentially affected property owners have been notified by legal publication. Lockheed Martin is the only property owner to object to these assessments. Kevin Darrenkamp spoke on behalf of Lockheed Martin renewing an objection based on a formerly negotiated agreement on December 27,2001 in which no costs were to be assessed to Lockheed Martin related to Central Parkway. City Attorney Mike Dougherty discussed the agreement entered into with Lockheed Martin at the end of 2001 and subsequent discussions. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the final assessment roll of Project 813 (Central Parkway streetscaping improvements) for the Argosy and Duke assessments and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion for continuance of the final assessment roll with Lockheed Martin until July 19, 2005. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes npol e 21, 2005 Jun Page 3 OLD BUSINESS ORDINANCE AMENDMENT-CITY OF EAGAN-CONSIDER APPROVAL OF ORDINANCE AMENDMENTS TO EAGAN CITY CODE, CHAPTER 10.10 REGARDING DANGEROUS WEAPONS AND ARTICLES AND EAGAN CITY CODE, CHAPTER 10.13 REGARDING TRAPPING REGULATIONS City Administrator Hedges introduced this item regarding a request from the Police Department to work with the City Attorney's office to draft an ordinance addressing coyote control measures. Chief Therkelsen presented the staff report and answered questions. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve ordinance amendments to Eagan City Code 10.10 regarding dangerous weapons and articles and Eagan City Code 10.13 regarding trapping regulations. Aye: 3 Nay: 2 (Fields and Maguire opposed). PARTICIPATION IN INDEPENDENT SCHOOL DISTRICT 196 FIBER PROJECT City Administrator Hedges introduced this item regarding participation in a joint project with ISD 196 for fiber technology installation. Communications Director Garrison provided comments and additional introduction of members of the Tech Task Force. Rick King, Chief Technology Officer of Thomson West, spoke in favor of the City being proactive in its approach to providing technology for its community through the installation of fiber and additional conduit. He is confident that this is a wise and farsighted perspective by the Council. Jody Mikasen, Telecommunications Commission Member, spoke in support of this issue to extend connectivity in Eagan. She believes this is a great, economical step to take to prepare for the future. The City Council directed staff to keep the Council posted on a preliminary business plan and discussions with the Technology Task Force. Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a resolution authorizing participation in the Independent School District 196 fiber project. Aye: 5 Nay: 0 ORDINANCE AMENDMENT-CITY OF EAGAN-AN AMENDMENT TO CHAPTER 11, SECTION 11.70, SUBDIVISION 28, PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS RELATIVE TO TEMPORARY AND WINDOW SIGNAGE. City Administrator Hedges introduced this item regarding an ordinance amendment in regard to temporary signs and window signs. City Planner Ridley provided a staff report. A brief discussion was held. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve an ordinance amendment to modify Chapter 11, Section 11.70 Subd 28 Placement, Erection and Maintenance of Signs by modifying regulations for temporary signage and adding regulations regarding window signage and direct the City Attorney to prepare and publish the amendment in the legal newspaper. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 21, 2005 /`1 F T Page 4 COMPREHENSIVE GUIDE PLAN AMENDMENT-PASTER ENTERPRISES, LLC-A COMPREHENSIVE GUIDE PLAN AMENDMENT OF APPROXIMATELY 24 ACRES FROM SPECIAL AREA-OFFICE/SERVICE TO SPECIAL AREA-COMMERCIAL RETAIL LOCATED IN THE SE '/. OF SECTION 9. City Administrator Hedges introduced the item providing a letter from Paster Enterprises asking for a continuance until November 15, 2005. Allowing the continuance will provide a more comprehensive approach to the entire development, of which a portion is being currently presented. City Planner Ridley expanded on the reasoning for the continuance. Councilmember Carlson moved, Councilmember Tilley seconded a motion to continue to the November 15, 2005 City Council meeting consideration of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area-Office/Service, to Special Area-Retail Commercial, upon approximately 24 acres located north of located of Yankee Doodle Road and west of Central Parkway in the SE '/< of Section 9. Aye: 5 Nay: 0 NEW BUSINESS PRELIMINARY SUBDIVISION-TAN ME INDUSTRIAL-A PRELIMINARY SUBDIVISION OF 2.6 ACRES PARCEL INTO TWO (2) LOTS FOR EXISTING BUILDING AND FUTURE DEVELOPMENT LOCATED AT LOT 2, BLOCK 1, TAN ME INDUSTRIAL PARK IN THE SE OF SECTION 9. City Administrator Hedges introduced this item regarding a preliminary subdivision. City Planner Ridley presented a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create two lots on 2.6 acres, and a Variance to create a lot without public street frontage, located at 3275 Sun Drive, legally described as Lot 2, Block 1, Tan Me Industrial Park in the SE '/4 of Section 8, subject to the following conditions. Aye: 5 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by council on February 2, 1993: Al, B1, Cl and El. 2. The property shall be platted. 3. The developer shall provide evidence of private ingress/egress easement for Lot 2, in a form acceptable to the City Attorney, prior to final subdivision approval. 4. A cash dedication in lieu of on-site water quality ponding shall be required for this development. The dedication is payable at the time of final subdivision, prior to release of the final plat for recording. 5. A Tree Inventory, Preservation and Mitigation Plan shall be required at the time of building permit application for Lot 2. ENCROACHMENT AGREEMENT-FINCH PLACE-DAN MARKES City Administrator Hedges introduced this item regarding expanding a backyard into a conservation easement. City Planner Ridley provided additional information as well as the recommendation from the APrC meeting on June 20, 2005 to deny the request in order to preserve the conservation easement as it was originally established. In addition the APrC directed their staff to determine when the builder is going to restore the buffer area and to also determine if any other party has contributed to the destruction of the conservation easement. Further, they were directed to determine which party is the responsible party for restoring the conservation area. 6 Eagan City Council Meeting Minutes June 21, 2005 1 jA F Page 5 T Councilmember Fields moved, Councilmember Tilley seconded a motion to deny an encroachment within a conservation easement area for 4802 Red Pine Court (Lot 16, Block 1, Finch Place) in the NE 1/4 of Section 36. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Central Park Playground City Administrator Hedges introduced this item regarding Central Park Playground location, cost and features. Mesko presented a map clarifying the seven potential locations of the playground that were staked on site, Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct staff to proceed with the installation of a playground at Central Park. Aye: 3 Nay: 2 (Carlson, Fields) Councilmember Maguire moved, Councilmember Tilley seconded a motion to direct staff to locate a playground at Central Park at Site 3 per previous memos. Aye: 5 Nay: 0 Change Order #1 - Contract 04-05 Public Works Director Colbert spoke about an extension of Contract 04-05, Well #20, from June 1 to August 1, 2005. Councilmember Fields moved Councilmember Tilley seconded a motion to approve Change Order #1 to Contract 04-05 (Well #20, Pumping Equipment) and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Community Development Director Hohenstein provided an update on Cedar Grove Redevelopment, Northeast Eagan, and Southeast Eagan. NEW RUNWAY/AIRPORT UPDATE City Administrator Hedges presented an update on the noise data collection provided by Wyle Laboratories. The regular City Council meeting was recessed at 8:00 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 8:05 p.m. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council meeting at 8:10 p.m. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes June 21, 2005 Page 6 "RAFT Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000 (TDD phone: (651) 454-8535) The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL MEETING JUNE 15, 2005 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. City staff members present: City Administrator Hedges, Assistant to the City Administrator Miller, Community Development Director Hohenstein, Planner Cartney, Planner Dudziak, City Planner Ridley, Superintendent of Recreation Asfahl, Director of Communications Garrison, Parks and Recreation Administrative Coordinator Mesko, Administrative Intern Walz, and Landscape Architect Lilly. 1. ROLL CALL AND AGENDA ADOPTION Acting Mayor Fields called the meeting to order and noted that Mayor Geagan would be arriving at the meeting shortly. City Administrator Hedges noted that a request has been received from an Eagan resident regarding their desire to hold an "old west" show during the 4`h of July parade. There was City Council consensus to direct the item to Other Business. Councilmember Tilley moved; Councilmember Maguire seconded a motion to adopt the agenda as presented. Aye: 4, Nay: 0 (Mayor Geagan not yet present) II. VISITORS TO BE HEARD City Administrator Hedges introduced Administrative Intern Genee Walz who started with the City on Monday, June 13. Hedges noted that Ms. Walz would be working in partnership with the CDA over the next year. There were no visitors to be heard. Joint Meeting with the APC III. LOW DENSITY COMPREHENSIVE GUIDE PLAN DESIGNATION / HOUSING TYPES Councilmember Fields welcomed the members of the APC present at the meeting. Members of the APC introduced themselves. City Administrator Hedges introduced the item noting that issues have arisen over the past several months regarding the Comprehensive Guide Plan's low density (0-4 units per acre) designation. Community Development Director Hohenstein and City Planner Ridley provided 9 an overview of the issue, and noted that the APC has discussed both the LD density and mixed housing issue in workshop settings. Ridley also added that it is the Commission's recommendation and observation that the 0-4 density range is necessary and concerns about unit type should be addressed via modifications to the text of the Comprehensive Guide Plan (i.e., identifying scenarios or conditions where attached housing and/or a density between 3 and 4 units per acre would be entertained). Mayor Geagan arrived at 5:40 p.m. Carla Heyl, Chair of the APC, provided a summary of the APC discussions thus far on the issue of low density Comprehensive Guide Plan designations. The City Council and APC discussed the housing needs across the City, including the need for "empty nester" housing and the need to preserve flexibility in maintaining a balance and diverse housing stock. The City Council and APC also discussed demographics for the City over the next 20 years. The City Council discussed various criteria to be considered to determine whether R2 or R3 buildings would be permitted in the LD district. The Council noted that they would like the developers to address the following issues when submitting a proposal: homeowners association or other means to insure common treatment and maintenance of exteriors, adequate on-site and/or on- street parking, true clustering of units, public streets, looped streets and connected streets, open space benefits, wetland mitigation on-site, efficient use of existing infrastructure and street zoning setbacks. There was City Council consensus to compile the criteria into a City checklist to be provided to developers. The Council also directed that the checklist be reviewed by the City Attorney before being provided to developers. The City Council also directed staff to conduct additional demographic research regarding housing needs in the next 20 years. IV. NOISE ATTENUATION ORDINANCE City Administrator Hedges introduced the item noting that as part of the City's update of its Comprehensive Guide Plan Aviation Section, one of the goals is to consider adoption of a noise attenuation construction ordinance to permit the City to require noise attenuation construction techniques for buildings that may require the additional improvements within the noise policy contours. Director of Community Development Hohenstein provided an overview of the issue, noting that while a larger number of land uses may be noise sensitive at the highest noise level close to the airport, noise compatibility issues in Eagan largely relate to residential uses because of the distance between the developed areas of the City and the airport because of the river valleys. Hohenstein noted that it has long been a policy of the City to minimize the establishment of noise sensitive uses in areas in which the noise impacts are the greatest. Hohenstein noted that staff has reviewed the Metropolitan Council model ordinance and the ordinance adopted by the City of Mendota Heights as baselines for a possible ordinance for Eagan. The City Council discussed the existing aviation section of the Comprehensive Guide Plan as well as the cost implications if such an ordinance was approved. The City Council also discussed the area in which the ordinance would apply. . The City Council directed staff to proceed with the development of the ordinance for further review by the Advisory Planning Commission. There was Council consensus that such A/) an ordinance should apply to the 60 DNL contour as well as the one mile buffer area around the 60 DNL contour. Joint Meeting with the APrC V. 2020 VISION (PARKS AND RECREATION) a.) 2020 Vision and Agricultural Zoning/Greenspace Preservation Options City Administrator Hedges introduced the item noting that meetings with the Public Stakeholders' Group and Plan Direction Committee have been ongoing since November of 2004 to provide input and information for the consultants to prepare for the completion of a 15-year strategic parks systems plan. Hedges also noted that the Council and APrC have together previously reviewed components of the draft Parks Master Plan, and since the Council's last review, additional information has been compiled leading to some policies/recommendations for the Council to consider. Terry Davis, Chair of the APrC, and the other members of the APrC introduced themselves. Bill Beckner, Alan Sullivan and Harvey Feldman, consultants for the 2020 Vision Parks Master Plan process, also introduced themselves. APrC Chair Davis presented the draft 2020 Vision Parks Master Plan and provided an overview on the process thus far. The City Council discussed the draft plan and how a change in demographics in the community will affect the use of parks in the future. Consultant Bill Beckner summarized the key principals included in the draft plan. Beckner also commented on the concept of a parks foundation and partnership opportunities that may exist with Dakota County, particularly in naturalist services. The consultants, APrC and City Council discussed greenspace preservation options available to the City. The Council noted that the Parks Master Plan must be a long term, flexible plan. Chair Davis noted that many of the elements included in the plan would likely be included in upcoming Parks CIP documents. The Council directed that upon completion of the plan, it should be available at City Hall, county libraries, on the Eagan website and at the Eagan Community Center. They also requested that the document be provided to resident groups, such as the EAA, as well as the school districts in Eagan. The Council also requested that the APrC produce a summary of the plan for the public. The Council suggested that the APrC plan to host one or two open houses to present the final Parks Master Plan. Councilmember Fields moved; Councilmember Tilley seconded a motion to schedule the public hearing for the 2020 Vision Parks Master Plan for the July 18, 2005 APrC meeting. VI. OTHER BUSINESS City Administrator Hedges summarized a request that he received from an Eagan resident regarding their hope to conduct an old west re-enactment at the 4th of July parade. Hedges noted that the City's code does not allow shooting of blanks. The City Council discussed the request and noted that they continue to receive complaints about how noise at the parade scares kids. There was City Council consensus not to allow the shooting of blanks during an old west re- enactment at the 4th of July parade. City Administrator Hedges also noted that the NOISE Conference will be taking place at the Eagan Community Center on July 20 - 22. Councilmembers Carlson, Fields, Maguire and Tilley requested that the City Administrator submit registrations for their attendance at the conference. Councilmember Carlson requested a list of active building permits in order that the Council can be kept up to date on various developments and remodeling activities going on in the City. There was City Council consensus for staff to include such a list in the weekly Additional Information Memo. VII. ADJOURNMENT Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn the meeting at 7:35 p.m. /o2, Agenda Information Memo July 5, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Seasonal Parks Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Tori Johnson as a seasonal parks maintenance worker. 13 Agenda Information Memo June 21, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 23, 2005 and June 30, 2005 as presented. FACTS: • At the June 7 meeting the City Council directed that Eagan Charter Commission expenses will be reimbursed by the City on an invoice basis upon approval by the City Council. • Enclosed on page is a copy of an email from Betty Fedde, Eagan Charter Commission Secretary, requesting reimbursement for a Charter Commission expense. • Through the normal course of business a check has been produced, but will not be released without Council approval. That approval will be considered through action on the check register (dated 6-30-05 for the subject invoice). If the City Council would like to deny payment, the claim should be removed before the check register is approved. ATTACHMENTS: Check registers dated June 23, 2005 and June 30, 2005 are enclosed without page number. • E-mail from Betty Fedde (referenced above). 14?4 Page 1 of I Gene VanOverbeke From: Betty Fedde [bettyf@ironwoodelectronics.com] Sent: Wednesday, June 29, 2005 2:16 PM To: Gene VanOverbeke Subject: Request for check Importance: High June 29, 2005 From: Eagan Charter Commission Betty Fedde, Sec. 1662 Norwood Drive Eagan, MN 55122 To: Gene VanOverbeke City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Amount: $4.98 Payee: Betty Fedde 1662 Norwood Drive Eagan, MN 55122 Re: Multi purpose Ream of paper. I have copy of receipt available. Please process and have available as soon as possible. I will present the receipt when I pick up the check. This expenditure per Minnesota statute 410 is a reasonable and necessary charter commission expense and has been approved for payment by the Eagan Charter Commission. Betty Fedde Secretary Eagan Charter Commission 6/30/2005 Agenda Information Memo July 5, 2005, Eagan City Council Meeting D. APPROVE CHECKLIST FOR THE CONSIDERATION OF R-2 AND R-3 DEVELOPMENT IN LD LOW DENSITY COMPREHENSIVE GUIDE PLAN DISTRICTS ACTION TO BE CONSIDERED: To approve a checklist for the consideration of R-2 and R-3 development in LD Low Density Comprehensive Guide Plan Districts and authorize preparation of City Code Amendment. FACTS: ? The City's Comprehensive Guide Plan identifies a range of zoning categories that may be considered in various Comprehensive Guide Plan Districts. The Guide identifies some of the zoning designations as compatible and others as "potentially" compatible. ? The City Council and Advisory Planning Commission have discussed means of defining the criteria by which the City would consider whether potentially compatible zoning categories could be compatible. The City Council discussed the matter at a retreat earlier this year and the APC followed up on the Council discussions at workshop meetings last spring. > At the joint workshop of the Council and Commission on June 15, a list of criteria was identified and direction was given to place the item on a regular Council agenda for consideration as a checklist of criteria to evaluate potential compatibility. > As outlined in the attachment, a list of nine criteria were identified by the Council and Commission. Two additional criteria related to adjacent land uses and factors unique to a development are discussed in the memo as well. If the Council is prepared to accept the list including the two additional criteria, the action to approve this item will include them. If further discussion is desired, the item may be pulled. ? The City Attorney has advised that to be a valid basis for decisions, the criteria checklist should be incorporated in the zoning ordinance. As such the action requested would be to approve the checklist and direct preparation of an ordinance amendment for that purpose. ATTACHMENTS: Staff memo outlining draft checklist on pages ]17411 /6 A City of Evan Memo TO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 30, 2005 SUBJECT: LOW DENSITY COMPREHENSIVE GUIDE PLAN DESIGNATION - CRITERIA FOR CONSIDERATION OF "POTENTIALLY" COMPATIBLE ZONING DESIGNATIONS At the joint City Council-Advisory Planning Commission workshop on June 15, 2005, the Council and Commission discussed the the means differentiating between zoning districts that are compatible with the LD Comprehensive Plan designation and those that are potentially compatible, under the Comprehensive Guide Plans Fig 3.5 Land Use/Zoning Consistency. Based on the discussion at that time, the City Council gave direction to formalize a checklist of criteria that would be considered in Council and Commission reviews when applicants propose to develop R-2 Twinhome or R-3 Townhome uses in areas designated LD in the Comprehensive Plan. Checklist of Criteria for R-2 and R-3 Development in LD Guided Districts The following criteria will be considered by the City in its consideration of development applications within which R-2 or R-3 buildings are proposed to be developed in LD Comprehensive Guide districts. • Home Owners Associations or Other Means to Insure Common Treatment and Maintenance of Exteriors - The City will require a home owners association to be in place or other means of insuring uniform building finishes and color, organized refuse collection and storage, common area maintenance, etc. • Adequate On-Site and/or On-Street Parking - If parking requirements are to be met at locations other than the driveways of individual units or on public streets, some of the additional spaces need to be proximate to all of the homes, to avoid having parking bays at one end or location of the development and not convenient to many of the units. • True Clustering of Units - Spacing clusters of no more than 4-6 units to provide openings from front areas to back yards more frequently than is available for long groups of row homes. • Public Streets - The baseline is that all streets be public and meet requirements for cul-de- sac design on dead ends rather than hammer heads or other substandard turn around designs. The City could still consider private streets, only if the City deems it to be appropriate and not solely for the purpose of increasing density. • Looped Streets and Connected Streets - To the extent possible the general design of the neighborhood will have looped or connected designs, rather than function as a series of dead-ends. • Open Space Benefits - If flexible design is proposed, the City expects that there will be true public greens or shared activity space, rather than only setting aside the wetlands and undevelopable areas as the primary green space. Wetland Mitigation On-Site - While there may be unique circumstances in which the existing wetlands are of such low quality that the best strategy is to replace them off-site, the general expectation of the City is that developers mitigate on-site. Off-site mitigation should not be used primarily as a means of increasing the intensity of development of the subject property. Straight Zoning Setbacks - While there may be situations in which the site sensitivity trade offs support modified setbacks, the basis of comparison will be straight zoning standards. Efficient Use of Existing Infrastructure - The City may consider the presence and scope of existing infrastructure - arterial or collector street capacity, walkable proximity to shopping, etc. as factors in reviewing R-2 and R-3 buildings in developments. At the close of the meeting, one of the Planning Commission members noted that the Commission had discussed adding the criteria that a proposal's relationship to adjacent uses be one of the criteria as well, but that the background had not been modified to reflect that. Adjacent land use is one of the planning considerations already highlighted in staff reports, but the Council may consider calling it out as a specific checklist criterion. In addition, the Council may wish to consider a criterion that acknowledges factors the City would find to be unique about a site that could justify a flexible approach to its development. If the Council would like to add these two criteria, draft language would be: • Relationship to Adjacent Land Uses - The City will consider the proximity and nature of adjacent land uses in its review of R-2 and R-3 buildings within an LD development proposal. • Other Factors Unique to the Development - At its discretion, the City may identify factors not on this checklist, but unique to a site, that would justify a more flexible approach to the housing types or mix in a proposed development Other Related Requirements The City council previously adopted ordinance requirements for applicants for planned developments to submit a site plan that conforms to straight zoning for the land use designation for the development property, as a standard of comparison when applicants suggest that their proposed development does not increase density, but is a more sensitive use of a site. The Council also adopted a requirement that the developer must submit a narrative description of what the City will gain from granting the flexibility of PD zoning that would not be required of the development under straight zoning. For example, upgraded finishes or additional site amenities might be benefits of a PD plan over a straight zoning plan, while things such as required connections of utilities, provision of required ponding easements or fulfillment of parks dedications would not be unique to a PD. This requires the developer to make the case to justify flexible standards, rather than requiring the Commission and Council to divine them from the general narrative or site plan. Agenda Memo July 5, 2005 E. CONTRACT 05-01, CHANGE ORDER #1 WINDCREST/ WALDEN HEIGHTS/ THOMAS LAKE HEIGHTS/ ST. FRANCIS WOODS ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order #1 to Contract 05-01 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 05-01 provides for the bituminous overlay of the streets in the Windcrest/ Walden Heights/ Thomas Lake Heights/ St. Francis Woods Additions Additions neighborhoods. This contract was awarded in March of 2005 and the construction is approx. 90% complete. • Change Order #1 consists of the bituminous overlay of the trail which follows the "Highline" power line corridor between Johnny Cake Ridge Road and Thomas Lake Road, as scheduled in the City's 2005-2009 Capital Improvement Plan. (est. $31,790) • The change order provides for the extension of the contract completion date from July 1, 2005 to August 1, 2005 and a cost increase of $19,235 (2.5% of original contract) which will be the responsibility of the Major Street Fund.. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the City. The time extension is adequate for the completion of the additional work requested. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. /9 Agenda Memo July 5, 2005 F. CONTRACT 05-02, CHANGE ORDER #1 RIDGECLIFFE/ BERKSHIRE/ CINNAMON RIDGE/ COACHMAN ROAD STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order #1 to Contract 05-02 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 05-01 provides for the bituminous overlay of the streets in the Ridgecliffe/ Berkshire Ponds/ Cinnamon Ridge Additions neighborhoods, and a portion of Coachman Road near the City's Central Maintenance Facility. This contract was awarded in March of 2005 and the construction is approx. 75% complete. • Change Order #1 consists of the bituminous overlay of the Central Maintenance Facility's parking lots and yard pavement areas, as scheduled in the City's 2005- 2009 Capital Improvement Plan. • The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the City. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The change order provides for a cost increase of $75,355 (9.3% of original contract), and will be the shared responsibility of the City's General Facilities Renewal Fund and the Water Treatment Plant expansion fund. ao Agenda Information Memo July 5, 2005 G. CONTRACT 04-04, LEXINGTON AVENUE STREET & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Amendment No. 1 to Cooperative Agreement No. 86692 for Contract 04-04 (Lexington Avenue, Lone Oak Road to TH 55 - Street & Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 04-04 provides for the reconfiguration of the TH 55/Lexington Ave/Blue Gentian Road intersection as part of the rehabilitation of Lexington Avenue (County State Aid Highway 43) between TH 55 and Lone Oak Road. • City staff has been successful in securing Cooperative Agreement funding through MnDOT for the portion of the contract for the reconfiguration of the TH 55 intersection. • On May 12, 2005, MnDOT staff informed the project engineer of a safety concern with the MnDOT approved plans regarding the new construction of the intersection approach of Blue Gentian Road with TH 55. City staff has worked with the contractor and MnDOT to enable the resolution of this concern as part of this contract. • Also, at the time of bidding this contract, a MnDOT resurfacing project was being completed on TH 55. In order to attain the best final product due to the City's anticipated work within the intersection of Lexington Avenue and TH 55, it was agreed that the City's contractor would complete the surface overlay in the intersection. MnDOT's contractor stopped short of the agreed construction limits, increasing the area of work associated with completing the City's contract. • On June 21 the City Council approved Change Order No. 2 to the City's Contract 04- 04 addressing this additional work requested by MnDOT. Now, the city needs to formally approve the amendment to the Cooperative Agreement providing for reimbursement by MnDOT to the City. This amendment has been reviewed by the Engineering Division and found to be in order for favorable Council action. • The amendment provides for a cost increase of $38,467.55 ($34,260.85 for construction and $4,206.70 for engineering) to the Cooperative Agreement funding amount. The revised total Cooperative Agreement funding for this contract is now $305,105.87. ai Agenda Information Memo July 5, 2005 H. CONTRACT 02-17, STREETSCAPING & LIGHTING CEDAR GROVE PARKWAY & CENTRAL PARKWAY ACTION TO BE CONSIDERED: Approve the final payment for Contract 02-17 (Cedar Grove Redevelopment Area and Central Parkway - Streetscaping and Lighting Improvements) in the amount of $17,097.68 to Jay Brothers, Inc. (Northern Escrow), and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 02-17 provided for the streetscaping and lighting improvements related to the Central Parkway and Central Park/Community Center improvements and the street and access modifications in the Cedar Grove Redevelopment Area, as authorized by the City Council under City Projects 813 and 866, respectively. • Due to the contractor's failure to complete this work in accordance with the schedule of the contract and associated change orders, liquidated damages of $52,047.69 have been assessed and deleted from the final contract payment. • These improvements have been completed, inspected by representatives of the Public Works and Parks Departments, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. as Agenda Memo July 5, 2005 I. PROJECT 02-K, FOREST VIEW ADDITION ACTION TO BE CONSIDERED: To acknowledge the completion of Contract 02-K (Forest View Addition - Street & Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Forest View Addition is 10-lot single-family subdivision constructed west of Blackhawk Road and south of Highway 13 in northwest Eagan. This development required the construction of public streets, storm sewer, sanitary sewer, and water main performed privately by the developer under the conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. ATTACHEMENTS: (I U • Location map, page f a3 ?fEqgm Location Map Tri-Land ?? tsr ?i e A o 0 . Preliminary Subdivision N Case No. 17-PP-14-5-97 ly of EW c«nnmcy D&Moprnenc Deparhwt / am 0 Boo WO re. Agenda Information Memo July 5, 2005, Eagan City Council Meeting J. APPROVE OFF-SALE LIQUOR LICENSE FOR E & M LIQUOR LLC DBA E & M LIQUOR, 1444 YANKEE DOODLE ROAD ACTION TO BE CONSIDERED: To approve the off-sale liquor license for E & M Liquor LLC, dba E & M Liquor, 1444 Yankee Doodle Road. FACTS: ? Pakou H. Vang and Wa Meng Hu have applied for an off-sale liquor license with the City of Eagan. The business will be structured as a Limited Liability Company. The owners are purchasing the existing E & M Liquor store. The new owners will continue to operate the establishment using the name of the current establishment E & M Liquor. ? The change of ownership is scheduled to occur in late July/August of 2005. ? Due to a last minute change in the business structure, an additional background check needs to be conducted on Wa Meng Hu. All other required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. The license should be approved subject to successful completion of the background check for Mr. Hu. ATTACHMENTS (0): as Agenda Information Memo July 5, 2005, Eagan City Council Meeting K. DIRECT PREPARATION OF AN ORDINANCE AMENDMENT, CHAPTER 5, WINE, BEER AND LIQUOR LICENSING ACTIONS TO BE CONSIDERED: To direct the City Attorney's office to prepare an ordinance amendment to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. FACTS: ? In mid June, staff was contacted by a representative of Granite City Brewery who requested applications for the applicable liquor licenses. Granite City Brewery is classified as a brewpub that manufactures malt liquor on site. In addition to selling their manufactured malt liquor for consumption on premise (on-sale), they also requested an application to allow for the sale of malt liquor to be consumed off premise (off-sale). ? In 2003, the Legislature passed new legislation to allow the off-sale of malt beverages brewed on the premises of a licensed brewpub. The brewpub off-sale malt liquor license would allow the off-sale of containers of brewpub malt beverages commonly referred to as "growlers". The growler containers are 64 ounces in size and must bear the name and address of the brewpub, amongst other requirements. Off sale of brewpub malt beverages may only occur during the hours permitted by law for off-sale liquor stores. ? In order for Granite City Brewery's operation to be compliant with Eagan's City Code, certain revisions are necessary to Chapter 5, Wine, Beer and Liquor Licensing and Regulation. ? The City Attorney's office is recommending that the Code be amended to provide for the definition of a brewpub and to add language referring to the applicable State Statute which allows for brewpubs plus language that allows for the off-sale of malt liquor referred to as "growlers". ? The establishment will be located in the former Sidney's Restaurant and is expected to open in the fall of 2005. ? The draft ordinance amendment will be placed on the July 19, 2005 City Council meeting. ATTACHMENTS (0): ;?6 Agenda Information Memo July 5, 2005 Eagan City Council Meeting L. FINANCIAL GUARANTEE - CITY OF EAGAN ACTION TO BE CONSIDERED: To authorize the creation of a policy requiring bank, savings association or credit union licensed by the state of Minnesota to conduct the business of making loans/extending credit and has a business office in the seven-county metropolitan area to provide financial guarantees in favor of the City. FACTS: ? Financial guarantees and Letter's of Credit are required from developers to insure work (from landscaping to sanitary sewer) is done properly. If not, and no remedy can achieved, the City can present the guarantee to the lender and receive the money to complete the necessary work. ? Issues arise from time to time when a developer proposes to provide the City with a financial guarantee from a non-Minnesota financial institution or from an entity that is not licensed by the state to make loans or extend credit. ? The City Attorney recommends that the City Council adopt a formal policy stating that the City will only accept a letter of credit/financial guarantee from a bank, savings association or credit union licensed by the state of Minnesota to conduct the business of making loans/extending credit and has a business office in the seven-county metropolitan area. ATTACHMENTS: (1) 091 City Attorney memorandum on page y . a? SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL bauerr@seversonsheldon.com TO: Thomas L. Hedges, City Administrator CC: Gene VanOverbeke, Director of Administrative Services Michael G. Dougherty, City Attorney FROM: Robert B. Bauer, City Attorney DATE: June 24, 2005 RE: Letters of Credit Our File No. 206-4768 Tom, An issue has arisen concerning the necessary requirements for a bank or financial institution to provide a letter of credit or financial guarantee in favor of the City. To avoid any ambiguity in the future, we believe it is appropriate that the Council adopt a formal policy that the City will only accept a letter of credit/financial guarantee from a bank, savings association or credit union that is licensed to conduct the business of making loans or extending credit within the state of Minnesota and that has a business office for presentment of the letter of credit within the Minnesota seven-county metropolitan area. If the bank, savings association or credit union does not have a business office for presentment of the financial guarantee within the Minnesota seven- county metropolitan area, the financial guarantee must state that it may be accepted via facsimile. It may be appropriate to place this item on the Consent Agenda for Council consideration. Should you have any questions concerning this matter, please feel free to give me a call. a?- Agenda Memo July 5, 2005 Eagan City Council Meeting M. Approve 2005 Fee Schedule Amendment to add Temporary Sign Permit Fee ACTION TO BE CONSIDERED: To approve an amendment to the 2005 Fee Schedule to add a $25 fee for Temporary Sign Permits. FACTS: • At its June 21 meeting, the City Council approved an ordinance amendment to City Code Section 11.70 subd. 28 modifying regulations for temporary signage. • The ordinance calls for a $25 permit fee for temporary signage displayed up to 10 days over a 60-day period. This action will incorporate the fee into the City's Fee Schedule. ATTACHMENTS: None. a9 Agenda Information Memo July 5, 2005 Eagan City Council N. FINAL SUBDIVISION (HOMESTEAD VILLAGE) & FINAL PLANNED DEVELOPMENT - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To continue approval of the Final Planned Development and Final Subdivision to the August 2, 2005 City Council meeting. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ? The Final Planned Development is for 9 twin homes (18 units) and the Final Subdivision (Homestead Village) is to create 18 lots and one outlot for the twin-home development upon 7.3 acres located at 500 Gun Club Road in the SE'/4 of Section 36. The Preliminary Planned Development and Preliminary Subdivision were approved January 18, 2005. ? While the final documents necessary for approval of the Final Planned Development and Final Subdivision were anticipated to be in order for execution by the City, as of Friday, July 1, some of the documents had not been completed. ? Therefore, this item will be postponed until such time as all documents have been completed and are in order for Council action. ATTACHMENTS (None): 30 Agenda Information Memo July 5, 2005 Eagan City Council Meeting V. CONSENT AGENDA 0. APPROVE FIVE (5) ONE-DAY CONFERENCE REGISTRATIONS FOR FIVE MEMBERS OF THE EAGAN AIRPORT RELATIONS COMMISSION TO ATTEND THE 2005 SUMMER N.O.I.S.E. CONFERENCE AT THE EAGAN COMMUNITY CENTER. ACTIONS TO BE CONSIDERED: To approve five (5) one-day conference registrations for five members of the Eagan Airport Relations Commission to attend the 2005 summer N.O.I.S.E. conference at the Eagan Community Center. FACTS: ? The 2005 Summer N.O.I.S.E. Conference is scheduled to take plan on July 20-22. ? Five members of the Eagan Airport Relations Commission (ARC) have expressed an interest in participating in the conference, albeit most would be unable to attend the entire three day conference. ? In anticipation of community groups such as the ARC, N.O.I.S.E. has offered a one-day registration option at a cot of $85/person, which includes one day's sessions, meals, and tours. ? In recognition of limited funding, the one-day registration is being proposed to provide interested ARC members the opportunity to participate in the conference. ? The total cost for five members of the ARC to participate would be $425, which could be paid through the Administration Conferences and Schools budget. c3 Agenda Memo July 5, 2005 P. PRIVATE WELL PERMIT -THOMSON WEST GROUP ACTION TO BE CONSIDERED: Approve a permit for a 6" private well to Thomson West Group for Lot 11, Block 1, West Publishing 4th Add. FACTS: • The City has received a request from the Thomson West Group for a permit to install and develop a second 465' deep 6" well to provide an alternate/backup water supply for the cooling towers for their 2nd Data Processing Center located at 610 Opperman Dr. This well will be used only in emergencies to maintain critical operations. • A permit has already been approved by the Dakota County Environmental Department and the Mn Dept. of Health. • According to City Code 4.30, subd. 5h, any new well greater than 4" in diameter must be approved by the City Council. City staff has met with the applicant and reviewed the purpose, need, location and design detail and found that it meets the City's standards. ATTACHEMENTS: • Request letter from Thomson West, page 3? Thomas J. Walrath Senior Director Facility Management Tel 651.687.7490 Fax 651.687.5718 June 22, 2005 Eagan City Council c/o Mr. Tom Colbert Director of Public Works 3830 Pilot Knob Road Eagan, MN 55122 To: Eagan City Council THOMSON LEGAL & REGULATORY RECEIVER JUN 2 2 2005 EAGAN ENGINEERING DEPARTMENT We hereby request city council approval for the installation of a well greater than 4" in diameter on our campus located at 610 Opperman Drive. A permit was previously issued by Dakota County Environmental Management Department. In addition, all plans and specifications have been submitted to the City of Eagan's engineering staff for review. We look forward to your review and approval of this request. Should questions arise, please feel free to contact me at 651/687-7490. mas J. Walrath Thomson Legal & Regulatory 610 Opperman Drive, Eagan, MN 55123, 651.687-7000 651.687.5718 www.tlrg.com 33 Agenda Memo July 5, 2005 PUBLIC HEARINGS A. OAK HILLS CHURCH ADDITION (LOT 1, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: Continue consideration of the vacation of public drainage & utility easements on Lot 1, Block 1 Oak Hills Church Addition to be concurrent with the Final Plat and subdivision application for this property. FACTS: • On May 16, 2005, City staff received a petition from Paul Danielson, representative of Oak Hills Church, requesting the vacation of a portion of the existing drainage and utility easement on Lot 1, Block 1, Oak Hills Church Addition, southeast of the intersection of Yankee Doodle Road and Coachman Road to accommodate a possible future subdivision of the property. Oak Hills Church wishes to vacate the easement to provide area to create two single-family lots near Coachman Road.. • Drainage & utility easements were dedicated over Pond CP-1 (as designated in the City Storm Water Management Plan) as part of the Oak Hills Church Addition plat to provide for flood storage for large runoff events. The request would vacate the existing easement over Pond CP-1 in the southwest corner of the property to 3 feet above the calculated I% rainfall event pond level. • If there is a favorable reaction to this requested vacation, the future development of the property would still require preliminary and final subdivision approval by the City Council. An application for that process has not been initiated yet pending action on the required Comprehensive Guide Plan amendment. • Notices were published in the legal paper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Notices were sent to all the potentially impacted private utility companies. No comments or objections to the proposed vacation have been received as of the date of this report. • The request has been reviewed by the Engineering Division and found to be in order for consideration by the Council. ATTACHMENTS: • Location Map, page • Legal Description, page . • Petitioner's Letter, page 3e City of Eagan t EXIST. DRAINAGE & TILITY EASEMENT- O-9 % cti CI/Ir 7 PROPOSED EASEMENT VACATION AREA Lot 1, Block 1, Oak Hills Church Ponding Easement Vacation - Location Map 6/14/05 Lot 1, Block 1, Oak Hills Church 5/18/05 Proposed Easement Vacation Location City of Eagan ^? / May 13, 2005 Mr. John Gorder City of Eagan Engineering Department 3830 Pilot Knob Road Eagan, MN 55122-1897 Re: Oak Hills Church Petition to Vacate Utility Easement Dear Mr. Gorder: On behalf of the Oak Hills Church we are submitting a petition to vacate a drainage and utility easement. Oak Hills Church is proposing to develop two single-family residential homes on their current 7.09 acre parcel. An application for a Comprehensive Guide Plan Amendment was submitted previously to the City of Eagan Planning Department. Based on their review, it was determined that this petition to vacate the existing drainage and utility easement that encumbers the property must be processed before the Guide Plan amendment can be considered Oak Hills Church received approval in 1997 to construct a church on a 7.09 acre parcel located at the southeast comer of Yankee Doodle Road and Coachman Road. The parcel was previously guided for medium-density residential development. The church development occurs on the north half of the property. The remaining parcel is generally comprised of wetlands. However, there is a non-wetland area along Coachman Road particularly in the southwest corner of the 7.09 acre parcel. This area abuts an existing single-family residential development to the south. This is the area that we are proposing the lots would be located generally east of the existing maintenance facility access to Coachman Road. When the property was platted for the church project, a drainage and utility easement was provided over the entire south portion of the property. The majority of the area is wetland and is part of the City's storm water management system. The area proposed to be vacated is the southwest comer of the property where the two residential lots would be constructed. The limits of the drainage and utility easement is based on maintaining a drainage and utility easement over the wetland area including all portions of the proposed lots lying three feet below the high water elevation of the wetland. Based on information provided by you, it is our understanding that the high water level is 832.2. We have maintained the drainage and utility easement to a minimum elevation of 835.2. 319 Mr. John Gorder May 13, 2005 Page 2 of 2 The following information is being submitted: 1) Petition to Vacate Form 2) Application Fee of $300 3) Legal Description of the property to be vacated 4) Sketch of the property to be vacated Please review the information and let us know if you have everything you need for this submittal. Please call me at 651-643-0407 if you have any questions or need additional information. Thank you for your consideration. Sincerely, Oak Hills Church Paul B. Danielson Building Committee Member C: Pastor Rod Carlson, OHC 3g, Agenda Memo July 5, 2005 B. PROJECT 922, LONE OAK DRIVE/ LONE OAK PARKWAY TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Open the Public Hearing for Project 922 (Lone Oak Drive/ Lone Oak Parkway - Trail Improvements) and continue Public Hearing until July 19, 2005. FACTS: • On March 23, 2005 City staff received a petition from CSM Corporation, developer and owner of properties adjacent to Lone Oak Drive in the Waters Area in northeast Eagan, requesting trail improvements, along the west boulevard of Lone Oak Drive and Lone Oak Parkway. • On April 5, 2005, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the installation of a sidewalk/trail on Lone Oak Drive and Lone Oak Parkway. • On June 7, 2005, the feasibility report for Project 922 was presented to the City Council and a Public Hearing was scheduled for July 5 to formally present and discuss the report with the adjacent property owners. • An informational meeting was held with CSM Corporation on Wednesday, June 29, 2005 to review and discuss the proposed improvements. • Due to CSM staff absences, the petitioner has requested that the Public Hearing be continued to July 19, 2005 for Council consideration. ISSUES: • A significant amount of assessable frontage is adjacent to the United States Postal Service (USPS) Regional Facility Service Center on Lone Oak Parkway. The City does not have any authority to assess this property without their consent. It should be noted that the USPS was not one of the petitioners. The feasibility report identifies the construction of a bituminous trail along this segment of the project as an alternate for the Council's consideration and direction. ATTACHMENTS- 0 Feasibility Report, pages 0 through 39 City of Eaan Report for Lone Oak Drive/Lone Oak Parkway Waters Area Trail Improvements City Project No. 922 Eagan, Minnesota July 9, 2005 Z/ 0 401? City of Eagan Pat Geagan MAYOR Peggy Carlson Cyndee Fields Mike Maguire Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com THE LONE OAK TREE The symbol of strength and growth in our community. July 1, 2005 Honorable Mayor and City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Lone Oak Drive/ Lone Oak Parkway Waters Area Trail Improvements City Project No. 922 Dear Mayor and City Council: Attached is our report for the Lone Oak Drive/ Lone Oak Parkway - Trail Improvements, City Project No. 922. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sind, Timothy J. lath PE Transportation Engineer Department of iblic Works I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minns Timothy J. Date: _WReg. No.42024 Date: Reviewed By: Finance Dept. Date: ? ?? TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Scope/ Introduction ...............................................................................................2 Feasibility and Recommendations ..............................................................................3 Proposed Improvements ...........................................................................................4 Permits/ Right-of-Way ............................................................................................5 Cost Estimate ........................................................................................................5 Area to be Included ................................................................................................6 Assessments ..........................................................................................................6 Assessment Financing Options ...................................................................................7 Revenue Source ......................................................................................................8 Project Schedule .....................................................................................................9 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures -1 Location Map -2 Trail Improvement/ Assessment Map -3 Proposed Typical Sections 1-? a June 2005 Trail Improvement Report Lone Oak Drive/ Lone Oak Parkway Eagan, Minnesota Scone/ Introduction This project provides for the construction of an 8-foot wide bituminous trail along the west side of Lone Oak Drive from Lone Oak Road to Lone Oak Parkway. Also included for consideration is additional trail construction along the west side of Lone Oak Parkway from Lone Oak Drive to Northwest Parkway, in northeast Eagan. Figure 1, located at the back of this report, shows the project location. Lone Oak Drive and Lone Oak Parkway are 84-foot wide parkway streets with sodded center medians constructed in 1987 with adjacent business campus development known as the "Waters". Development of the Waters area did not include the construction of sidewalks or trails within public right-of-way. This project was initiated in response to a petition from the CSM Properties, Inc., developers and owners of various properties adjacent to Lone Oak Drive, to provide improved pedestrian facilities for their tenants and employees in the area. The City's Master Trail Plan, most recently updated in 1994, does not identify the need for a trailway connection as proposed with this project. While it has not been City policy to require developments to install sidewalks/trails in business campus areas, recent changes in lifestyles and health habits has created a demand for pedestrian improvements such as proposed with this project. ?{3 Additionally, the ongoing Northeast Eagan land use study further supports the appropriateness of the proposed trail construction. The area of the study is generally located north of Lone Oak Road and east of TH 149 (Dodd Road). The final study will provide the Council with information needed to properly evaluate the current land use designation. The analysis includes road capacity, interstate interchanges, aviation (location of airport and noise), land supply for various uses, economic impacts, etc. Preliminary results of the traffic study component indicate that improvements to the northeast area transportation system will be required regardless of the future land use in this area. These improvements have been included in the draft Transportation Infrastructure Needs Analysis (TINA) as projects E108-E111. Specifically, project E110 is likely to require an upgrade of Lone Oak Drive's roadway functional classification. The proposed construction of a bituminous trail would be consistent with the City's design standards for collector or arterial roadways. Feasibility and Recommendations This project is necessary to provide safe pedestrian access along Lone Oak Drive and Lone Oak Parkway (alternate). This project is cost-effective in that the needed trail system will be constructed as a whole instead of in portions by individual development. It is recommended that this improvement be combined with other similar improvements within the City to encourage additional cost savings due to the benefit of scale. This project was initiated by a single petitioner who owns all of the parcels along the Lone Oak Drive portion of the project. In order to comply with the City's assessment policy, this petitioner will be solely responsible for 100% of the costs associated with the improvements along their parcels. It is recommended that the petitioner be required to execute a waiver of appeal for any and all assessments related to the portion of the project along their parcels prior to approval of plans and specifications to avoid the City incurring any costs associated with this project. Z/ Y Proposed Improvements This project provides for the construction of an 8-foot wide bituminous trail with a 9-foot boulevard green space adjacent to Lone Oak Drive from existing sidewalk on Lone Oak Parkway to future bituminous trail on Lone Oak Road, as shown on Figure 2. Bituminous trail along Lone Oak Parkway from Lone Oak Drive to Northwest Parkway (adjacent to the US Postal Service Information Center property - Outlot D, Lone Oak) is presented herein as an alternate to the project, as discussed below. Alternate: While the proposed trail along Lone Oak Drive is adjacent to property owned by the petitioner, CSM Properties, the petition also requested the installation of trail along Lone Oak Parkway, along property owned by the US Postal Service (LISPS). CSM feels this portion is needed to provide further connectivity of the trail system in the area. The USPS did not pay a trail dedication fee at time of development of their building, and likely would not recognize a special assessment toward their property for trail installation. Given the City's inability to specially assess the USPS property, the City Council should consider this segment of trail separately. Typical sections for both the main trail construction and the alternate construction are shown on Figure 3. On December 13, 2004, the City Council approved the Community Transportation Trail System Policy for staff implementation. The policy states that proposed trail segments should be evaluated with its criteria to ensure the utmost safety and practicality for the citizens of Eagan while bearing in mind proper fiscal responsibility. The policy also states that its guidelines should be used as a general method to rank all future trail segments to be constructed as public improvements. In reviewing the proposed trail segments, the trail policy evaluation indicated a medium ranking for both segments. Based on this evaluation, the trail segments are supported by the City's trail policy. 4 Permits/ Right-of-Way It is anticipated that only a MN Pollution Control Agency Construction Stormwater Permit for projects disturbing over one acre will be required. All of the proposed work with this project, including the alternate construction, will take place within the existing right-of-way of Lone Oak Drive and Lone Oak Parkway. Cost Estimate A detailed cost estimate is located in Appendix A. The estimate is based on anticipated 2005 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. Lone Oak Drive Trail Construction $116,700 Lone Oak Parkway Trail Construction (Alternate) $ 71,600 Y 5 Area To Be Included Listed below are the properties proposed to be assessed and the construction area of the project. Construction Area Lot 1, Block 1 Blue Ridge 2nd Addition Lot 1, Block 1 Blue Ridge 4th Addition Lot 1, Block 1 Blue Ridge 5th Addition Assessment Area Lot 1, Block 1 Blue Ridge 2nd Addition Lot 1, Block 1 Blue Ridge 4th Addition Lot 1, Block 1 Blue Ridge 5th Addition Alternate- Lone Oak Parkway Construction & Assessment Area Outlot D, Lone Oak Assessments A preliminary assessment roll is provided in Appendix B located at the back of this report. An assessment map is shown on Figure 2. Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for sidewalk/trail improvements for commercial/ industrial properties on local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. If the alternate construction is approved, it is also proposed to assess the trail construction adjacent to the USPS Information Center (Outlot D, Lone Oak) on a front footage basis based on final costs. 6 City Special Assessment Policy Assessment Ratio Property City Local Sidewalks/Trails • Commercial/ Industrial 100% 0% All commercial/ industrial lots as shown on Figure 2, adjacent to the trail to be constructed, are proposed to be assessed. The City's Assessment Policy states that 100% of the trail costs are assessable. The estimated cost for trail per commercial/ industrial foot to be assessed based on the City Assessment Policy for the Lone Oak Drive portion of the project is $41.40/ Front foot and is calculated as follows: 1) [$116,700 (Trail Cost) x 100%] = $116,700 (Total Assessment) 2) $116,700 (Commercial/Industrial Assessment) 4 $41.40/foot 2,819 F.F. The estimated cost for trail per commercial/ industrial foot to be assessed based on the City Assessment Policy if the Lone Oak Parkway (Alternate) portion is included as part of the project is $43.20/ Front foot and is calculated as follows: 1) [{$116,700 + $71,600 (Trail Cost)} x 100%] = $188,300 (Total Assessment) 2) $188,300 (Commercial/Industrial Assessment) - $43.20/foot 4,359 F.F. Assessment Financing Options The property owners will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over ten years for commercial/industrial properties with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 5.0% interest for the assessed amounts: Assessment Schedule (per $10,000 Assessment) Principal Per Year Interest Per Year Cost Per Year First Year $1,000 $500 $1,500 Tenth Year $1,000 $50 $1,050 Revenue Source Lone Oak Drive Trail Estimated Estimated Project Cost Assessment Revenue Balance $116,700 $116,700 $0 Lone Oak Drive and Lone Oak Parkway Trail (Alternate) Estimated Estimated Project Cost Assessment Revenue Balance $188,300 $121,800 ($66,500) It is proposed to assess the benefiting properties the entire cost of the proposed improvements along Lone Oak Drive in accordance with the City Assessment Policy. The remaining balance of the cost of the improvements along Outlot D of the Lone Oak Plat, $66,500 with the alternate construction, would be the responsibility of the City's Major Street Fund due to the City's inability to collect assessments from the United States Post Office. The amount of trail dedication fees previously paid by affected properties has been appropriated to the City's Major Street Fund, for use in the construction and maintenance of trails adjacent to collector and arterial roadways. y 8 9 Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ................................................................. June 7, 2005 Public Hearing .................................................................................. July 5, 2005 Approve Plans and Specifications .............................................................. August 16, 2005 Award Contract ..................................................................... September 20, 2005 Project Completion ..........................................................................October 31, 2005 Final Cost Report ........................................................................... December, 2005 Final Assessment Hearing ................................................................................ Winter, 2005 First Payment Due with Property Tax Statement .................................... May 15, 2006 SD Appendix A Lone Oak Drive Trail Improvements City Project No. 922 Preliminary Cost Estimate 1. - Lone Oak Drive Trail Item No. Item Unit Est. Qty. Unit Price Est. Cost 2021.501 Mobilization LS 1 $4000.00 $4,200 2104.501 Remove Concrete Curb and Gutter LF 265 $6.50 $ 1,720 2105.501 Common Excavation CY 1,000 $12.00 $12,000 2211.501 6" Aggregate Base, C1. 5 (100% Crushed) TON 1,050 $20.00 $21,000 2350.501 2" Bituminous Walk (LV45030B) SY 2,535 $8.00 $20,280 2521.602 Pedestrian Ramps (wl Truncated Domes) EA 11 $800.00 $ 8,800 2575.505 Sod and 4" Topsoil SY 3,500 $5.00 $17,500 Subtotal $ 85,500 +5% Contingencies $ 4,300 Subtotal $ 89,800 + 30% Indirect Costs $ 26,900 TOTAL $116,700 S/ II. - Lone Oak Parkway Trail Item No. Item Unit Est. Qty. Unit Price Est. Cost 2021.501 Mobilization LS 1 $2,600.00 $2,600 2104.501 Remove Concrete Curb and Gutter LF 145 $6.50 $ 950 2105.501 Common Excavation CY 550 $12.00 $ 6,600 2211.501 6" Aggregate Base, Cl. 5 (100% Crushed) TON 570 $20.00 $11,400 2350.501 2" Bituminous Walk (LV45030B) SY 1,370 $8.00 $10,960 2521.602 Pedestrian Ramps (w/ Truncated Domes) EA 6 $750.00 $ 4,500 2564.531 Sign Panels Type C SF 56 $25.00 $ 1,400 2564.618 Zebra Crosswalk White-Epoxy SF 576 $7.00 $ 4,050 2575.505 Sod and 4" Topsoil SY 2,000 $5.00 $10,000 Subtotal $ 52,500 +5% Contingencies $ 2,600 Subtotal $ 55,100 + 30% Indirect Costs $ 16,500 TOTAL $ 71,600 9'-a Appendix B Lone Oak Drive Trail Improvements City Project No. 922 Preliminary Assessment Roll 1. Lone Oak Drive Trail Parcel Front Rate/ Estimated Parcel ID No. Footage Front Foot Assessment 10- Lot 1, Block 1 Blue Ridge 2nd Addition 14576- 010-01 412 $41.40 $17,100 10- Lot 1, Block 1 Blue Ridge 4th Addition 14578- 010-01 771 $41.40 $31,900 10- Lot 1, Block 1 Blue Ridge 5th Addition 14579- 010-01 1,636 $41.40 $67,700 TOTALS 2,819 $116,700 II. Lone Oak Drive and Lone Oak Parkway Trail (Alternate) Parcel Front Rate/ Estimated Parcel ID No. Footage Front Foot Assessment 10- Lot 1, Block 1 Blue Ridge 2nd Addition 14576- 010-01 412 $43.20 $17,800 10- Lot 1, Block 1 Blue Ridge 4th Addition 14578- 010-01 771 $43.20 $33,300 10- Lot 1, Block 1 Blue Ridge 5th Addition 14579- 010-01 1,636 $43.20 $70,700 10- Outlot D, Lone Oak 45700- 040-00 1,540 $43.20 $66,500 TOTALS 4,359 $188,300 53 Q MENDOTA HEIGHTS I INTERSTATE - 494 LxJ BLUE GENi4W CIF- 7 J No. ss ? a, Project i. L t' ? ? ? `? '? oca to , _ LON? AK ROAD % LONE OAK ROAC t lRUN / o 1 W I Y I YANKEE DOODLE RD. YANKEE DOODLE ROAD - - - _ -? I \? LEGEND I \y EXISTING SIDEWALK - - - \D`? PROPOSED TRAIL 1FUTURE TRAIL - - - - rpm ?O ? \ S City of Eap Engineering Department l Figure 1 Lone Oak Drive / Lone Oak Parkway - Trail Improvements City Projgct No. 922 LONE OA FOURTH ADDITION NORT NWE 7- Pk ltl; 0 9 0 ev- ???? 290D 11 \ BU \ 2915 t.: TRIl EVANG. llli 4 CH. Q '?~ o1a55 0 2980 9JDs --------------------- LONE OAK SECOND ADD OUTmOTA 1 SIL/CON eV? F'RST ADD. T 2 SY Capp T pN D 0 NORTHWEST AIRLINES l I ?J I ? ' L XISTING SIDEWALK RO•f bSED,,,?TF AJL UTURE IL R-O P_OSSE-D-A•S S E S S 990.55 07055 mug 1 Lone Oak Drive / Lone Oak Parkway - Trail Improvements Figure City of Ea?an 2 Engineering Department city Pro'ect O. 922 JCTION TUMINOUS TRAIL (LV4, B) 3G. BASE, CL. 5 (100% CRUSHED) Proposed Typical Section Lone Oak Drive / Lone Oak Parkway - Trail Improvements Figure Ci of ? City Project No. 922 3 Engineering Department o* Trail Improvements Agenda Information Memo July 5, 2005 Eagan City Council VI. OLD BUSINESS A. CONDITIONAL USE PERMIT (LOT 1, BLOCK 1, APOLLO SUBDIVISION) - FIRST INDUSTRIAL ACTION TO BE CONSIDERED: To approve (OR to deny) a Conditional Use Permit for outside storage of semi trailers on property at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ? This item was continued from the June 7, 2005 Council meeting at the applicant's request. ? The site contains an existing office/ manufacturing and warehouse building consisting of 312,265 sq. ft. The building has loading docks, and a shared truck court with the adjacent building to the west. Vehicle parking is provided in two locations north and south of the building. > The applicant indicates that the ability to park trailers on the property enhances its attractiveness to more possible buyers/tenants, and in particular one current prospect who wishes to relocate within Eagan. The property is zoned Limited Industrial and there are no residential properties in the surrounding area. > The applicant has revised the proposal based on the discussion by the Advisory Planning Commission. The applicant is now proposing outside trailer storage in the rear yard only. > The applicant originally proposed trailer storage in the northwest parking lot, behind the building and at the east loading docks. ? The APC held a public hearing on May 24, 2005 and did recommend denial. The primary reason for the denial was the proposed storage in the front yard. ISSUES: > The APC was clear that they were not opposed to outdoor storage on this industrial site; however, the commission was very concerned with storage in the front yard and the precedent that would be set. ? The applicant requested the continuance in June to allow time to adjust the plans to address the concerns from the APC meeting, and to secure the prospective tenant so that the plans can be made specific to that tenant's needs. s? ? The applicant has indicated they now have an agreement in concept with a prospective tenant that is contingent upon the site being granted a Conditional Use Permit for the trailer storage. ? The revised proposal locates the trailer storage in the rear yard and would expand the pavement area behind the building. The trailer storage in the northwest parking lot has been eliminated from the proposal and that area will remain for vehicle parking. ? These changes to the outside storage proposal have brought the plan into compliance with City Code requirements for outside storage. As a result, conditions #2, #3 and #5 in the staff report can be eliminated if the Conditional Use Permit is approved. 60-DAY STATUS: Deadline is July 5, 2005 ATTACHMENTS: (3) May 24, 2005, APC Minutes, pages through Staff report, pages P through Letter from Applicant dated June 30, 2005 and Revised Site Plan, pages 7 through Z5 se City of Eagan Advisory Planning Commission Meeting Minutes May 24, 2005 Page 5 B. First Industrial Applicant Name: First Industrial Location: 900 Apollo Road; Lot 1, Block 1, Apollo Subdivision Application: Conditional Use Permit A Conditional Use Permit to allow outside storage of Trailers. File Number: 11-CU-08-04-05 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 13, 2005. She noted the background and history. Joe Gearen, Leasing and Marketing Director with First Industrial, explained that due to the size of the building, outside storage will most likely be necessary to attract a buyer or tenant. He stated the site is not visible to residential, only other industrial uses. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl asked staff how many other properties have been allowed to have parking/storage in the front yard. She asked the applicant if there is a reason, other than cost that would prevent storage in the back City Planner Ridley stated staff is aware of no others. On behalf of 1st Industrial, Ted Carlson, Welsh Properties stated trailer storage on the south side of the building would impede building to the south. Member Hansen stated his concern with the proposal. City Planner Ridley stated customer and employee parking between the building and street is typical; however outdoor storage in the front is unusual. Member Matthees stated agreement with the proposal because it is in an industrial area; however additional screening would be helpful. Member Bendt asked if a number of rows of trailer storage in the front could be removed to increase greenspace. Mr. Gearen stated the amount of storage could be adjusted. City Planner Ridley clarified that this is an industrial area and outdoor storage is expected; however, staff's concern is that invariably other property owners with outdoor s? City of Eagan Advisory Planning Commission Meeting Minutes May 24, 2005 Page 6 storage in this or any industrial area will see this as a precedent for potentially increasing outdoor storage by utilizing the front yard. Chair Heyl concurred that this precedent would not be good public policy. She stated outdoor storage on this site would be appropriate provided the provisions of the City Code are met. She encouraged the applicants to add the needed outdoor storage space to the south side of the building. Member Heyl moved, Member Bendt seconded a motion to recommend denial of a Conditional Use Permit for outside storage of semi trailers on property located at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, in the NE 1/4 of Section 11 due to the following requirements not being satisfied: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operation and maintained so as to be compatible in appearance and use with the existing or intended character of the general vicinity. City Code Section 11.70, Subdivision 22, C, 2 b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. A vote was taken.,, Aye: Chair Heyl, Members Hansen, Bendt, Keeley, and Chavez. Nay: Member Matthees. Motion carried 5-1. 90 PLANNING REPORT CITY OF EAGAN REPORT DATE: May 13, 2005 APPLICANT: First Industrial PROPERTY OWNER: First Industrial REQUEST: Conditional Use Permit LOCATION: 900 Apollo Road CASE: 11-CU-08-04-05 HEARING DATE: May 24, 2005 APPLICATION DATE: May 5, 2004 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit for outside storage of semi trailers on property located at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, in the NE'/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 recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 6/ Planning Report - First Industrial May 24, 2005 Nee 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. 6? Planning Report - First Industrial 3 May 24, 2005 Page f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. BACKGROUND/HISTORY This property was first platted between 1967 and 1969. The Donaldson Company constructed the existing office/ manufacturing/warehouse building in 1969. The building has rail access on the east side and loading docks on the west side. In 1995 the parcel was subdivided into two lots, creating this L-shaped parcel containing the existing building. At that time, Anchor Hocking Plastics occupied the bulk of the building, and intended to sublease approximately 20,000 sq. ft. of office space. At the same time, a Conditional Use Permit was requested, and approved, to allow outdoor storage of semi trailers on this parcel. The CUP approval allowed trailer storage in the northwest parking lot. Additionally, a condition of the CUP required that the outdoor trailer storage "be discontinued upon the termination of Anchor Hocking's interest in the property or the assignment or subleasing by Anchor Hocking of more than 20,000 sq. ft. of the existing space within the building located at 900 Apollo Road." EXISTING CONDITIONS The site is known as the Apollo Distribution Center and contains an existing office/ manufacturing and warehouse building consisting of 312,265 sq. ft. The building has loading docks, and a shared truck court with the adjacent building to the west. Vehicle parking is provided in two locations north and south of the building. Trailer storage is proposed in the northwest parking lot and to the south of the building. While Anchor Hocking no longer occupies the building, trailers continue to be stored on the property in the northwest lot and south of the building. The owner is requesting approval of a new CUP to continue to allow trailer storage on the property for other future tenants. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zonin Land Use Designation North Office/Warehouse/ Manufacturing I-1, Limited Industrial IND, Limited Industrial South Warehouse 1- 1, Limited Industrial IND, Limited Industrial East Warehouse/Pond/ BAX Global I-1, Limited Industrial IND, Limited Industrial West Warehouse I-1, Limited Industrial IND, Limited Industrial o13 Planning Report - First Industrial May 24, 2005 EVALUATION OF REQUEST Compatibility with Surrounding Area - Outdoor storage is a conditional use in the I-1 zoning district. The subject site is surrounded by other industrial properties. There is no nearby residential property. The proposal appears consistent with the land use designation of Limited Industrial. Proposal/Site Plan - The applicant is proposing outdoor storage of up to 146 trailers on the site. The applicant's narrative states "The building has been vacant, with the exception of short term deals, since January 2004. The building is difficult to demise providing us with the challenge of finding a single user for all 312,256 square feet. In today's commercial real estate market, the number of tenants of that size is minimal. We are asking for this conditional use permit to give us the opportunity to provide a user that must have outside trailer storage that ability." The applicant has indicated that they have a prospect that is currently located in Eagan "absolutely need[s] the ability to park trailers in the designated spots shown on the ... plan. This prospect is the ideal user for this property and it allows us to keep their business in Eagan." Most of the trailer storage (108) is proposed for the parking lot on the northwest portion of the property, with some trailer storage in a lot to the south of the building (30), and a few trailers (6) at the docks on the east side of the building. The total proposed storage would accommodate up to 146 trailers. The area proposed for the 30 trailers south of the building is shown larger on the site plan than it exists on the property. The pavement in that area currently holds 11 trailers. Compliance with green space standards should be demonstrated before expanding this storage area, and the expanded storage area should be surfaced with bituminous asphalt and concrete curb and gutter. Outdoor Storage Requirements - a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (1-1) and general industrial (1-2) zoning districts, the enclosure may be detached from the principal building. An enclosure is not proposed. It is a policy decision whether an enclosure is necessary. The enclosure is intended to provide security and containment. With screening provided by berming, and the only storage item being trailers, an enclosure may not be necessary. It is a policy matter for City officials to determine whether an enclosure is needed. 6154 Planning Report - First Industrial 5 May 24, 2005 Page b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposal partially satisfies this requirement. A large portion of the storage is located in a front yard, but does not encroach into required yard setback areas. This area proposed for trailer storage was originally constructed for employee parking. Staff is concerned with the outdoor storage being located in the front yard. Expansion of the rear yard storage area is constrained due to topography. While some expansion can be accommodated, the rear yard slopes up significantly and grading necessary to accommodate the proposed trailer storage entirely in the rear of the lot would require significant grading, retaining wall and possibly some tree removal. The trailer storage as proposed makes use of existing paved areas. c. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The applicant's narrative states, and a site visit confirmed, that the northwest storage lot is screened from the public right-of-way by berming. While there is some berming and some mature evergreen trees, the trailers in the northwest lot remain visible from the public right-of-way. Additional landscaping should be added so that the trailers are not visible from public rights-of-way. All surrounding and adjacent properties are zoned and guided Limited Industrial d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed trailer storage areas leave open the drive aisles for circulations around the building. The Fire Marshal has reviewed the plans and indicates that an east-west emergency access aisle must be provided between trailers in the northwest storage area. This would allow sufficient access to all- areas of the stored trailers should there be a fire or other emergency. This would reduce the number of trailers able to be stored in this area by 10. e. The storage area shall not take up required parking spaces or landscaping areas. The proposal does not satisfy this condition. An estimated 383 parking stalls are required to support the building. With trailer storage occupying a majority of the parking stalls, available vehicle parking does not meet City Code requirements. The trailer storage proposed in the northwest lot does take up vehicle parking spaces, leaving only 79 vehicle parking stalls to serve the building. One of the concerns in 1995 with the Anchor Hocking proposal was that the demand for employee parking could fluctuate dramatically depending on the tenant and number of employees. A future tenant with a labor intensive operation or more office space could have a much higher demand for employee parking. In that event, the trailer storage could conflict with employee parking needs and should be discontinued. The concerns raised in 1995 are still pertinent in 2005. 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 areas are surfaced with bituminous asphalt, which is in good condition. 6s Planning Report - First Industrial 6 May 24, 2005 Page There are a few areas which show some wear and deterioration and these areas should be patched. Most of the area has concrete curb around the perimeter. Where it is not currently provided, concrete curb should be added. All new and existing parking spaces and storage areas should be surfaced with bituminous surface, concrete curb and gutter and storm drainage provided. Landscaping - No new landscaping is proposed. Existing landscaping is not shown on the plans, however the applicant's narrative states the parking lot adjacent to Apollo Road is currently screened by berming. A site visit by staff confirmed this. While berming is currently provided, and mature evergreen trees are located along Apollo Road, the trailer storage area remains visible from the right-of-way. At a minimum, landscaping/screening should be provided so the trailers are not visible from public right-of-way. Access/Street Design. - Access into the site is provided from Apollo Road in several locations. Tree Preservation - A tree preservation plan is not required since the proposal involves no new development. SUMMARY/CONCLUSION The application is for a Conditional Use Permit to allow outdoor storage of semi trailers in several locations on Lot 1, Block 1, Apollo Subdivision. The site is occupied by a manufacturing and warehouse building and shares a truck court with the adjacent property to the west. The proposed trailer storage satisfies three of the six outdoor storage criteria. The three things that fail to satisfy outdoor storage standards include 1) the storage occupies required parking stalls, 2) some of the storage is located in a front yard, and 3) an enclosure is not provided, although one may not be necessary. Conditions which are satisfied include screening, access/circulation, and surfacing. Staff is concerned with the proposed trailer storage in the front yard of the site. The applicant is proposing the trailer storage to make the property more marketable and attract larger tenants. The applicant indicates that the ability to park trailers on the property enhances its attractiveness to more possible tenants, and in particular one current prospect who wishes to relocate within Eagan. The property is zoned Limited Industrial and there are no residential properties in the surrounding area. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit for outside storage of semi trailers on property located at 900 Apollo Road, legally described as Lot 1, Block 1, Apollo Subdivision, in the NE %4 of Section 11. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. ?6 Planning Report - First Industrial 7 May 24, 2005 Page 2. An east-west drive aisle shall be provided between trailers in the northwest storage area to provide emergency access within the storage area. The size and location of the aisle shall be acceptable to the City Fire Marshal. 3. The bituminous surfacing shall be patched where necessary, and new concrete curb installed at the edge of pavement in areas where none currently exists. 4. All new and existing parking spaces and storage areas should be surfaced with bituminous surface, concrete curb and gutter and storm drainage provided. . Landscaping/screening shall be provided so that the trailers are not visible from public right- of-way. bl ?? FINANCIAL OBLIGATION-1 I-CU-08-04-05 - 900 Apollo Road Lot 1, Block 1, Apollo Subdivision There are pay-off balances of special assessments totaling $-0- on the parcel proposed for the conditional use. At this time, there are pending assessments in the amount of $-0- proposed to the parcel. Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed using the City's existing fee schedule and for the connection and availability of the City's utility system. The charges will be computed using the rates in effect at time of connection or conditional use. IMPROVEMENT None USE RATE QUANTITY AMOUNT -0- Total 6d' r Eagan boundary Right-of-way Location Ma P -a[ Area building Footprint N nl? 1. 1 ME-HIM ui.h t: Y: .. --..rte ..-? -.. .. .. 'I _ e° S L 'any P Gmi se m Vill p i 1. IT, 1000 0 1WDO 200D Feet Development/Developer: First Industrial Application: Conditional Use P ?t Case No.: 11-CU-08-0405 Map Prepared using ERSI AmView 3.1. Parcel base map data provided N by Dakota County Offlee of GIS and is current as of April 2005. oETHIS MAP 13 INTENDED FOR REFERENCE USE ONLY W E City of Egan and Dakota County do not guarantee the accuracy of this infrmaiCnot responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map IND I I I IND Zoning Map Current Zoning: I-1 Limited Industrial ca s see 1201 root 16 1 Comprehensive Guide Plan I RC Land Use Map IIND NO IND a ?w Current Land Use Designation: IND Limited Industrial IND cos I 100 1200 F..t First Industrial Conditional Use Permit Case No. 08-PS-02-04-05 Prc.i b11. map Inform. • my L.nd svv.y b p.rtm.rt Ju.. 2007. N Zoning infotaUon m.intain.d b)Cky Staff City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S •1 C I- . ]i ocp? r9 ma tt. =UJI g E y'"P 4 E tllli! illfill; lfll91 Eilli B "Of evil x MNUX MpEi I 1 ELF /??;t I HIP 11121 Ills 101 "71 S IT F- PLAN ORRST ® INDUSTRIAL May 5, 2005 FIRST INDUSTRIAL REALTY TRUST, INC. 7615 Golden Triangle Drive Suite N Minneapolis, MN 55344 952/943-2700 Fax 952/943-8776 Ms. Pamela Dudziak Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Conditional Use Permit 11-CU-08-04-05 Dear Pamela- I would like to thank you for the consideration of our application for a Conditional Use Permit for outside trailer storage at Apollo Distribution Center, located at 900 Apollo Road, Eagan, MN. The purpose of this letter is to address the issues that were brought to our attention in your letter to Michael Stephens dated April 28, 2005. Enclosed, you will find a current site plan showing the number of trailers we are proposing to store. This plan does reflect surrounding properties or what is adjacent to the subject site. Apollo Distribution Center is a 312,265 square foot manufacturing/distribution building. The building has been vacant, with the exception of short term deals, since January 2004. The building is difficult to demise providing us with the challenge of finding a single user for all 312,256 square feet. In today's commercial real estate market, the number of tenants of that size is minimal. We are asking for this conditional use permit to give us the opportunity to provide a user that must have outside trailer storage that ability. Currently, we are having conversations of leasing or potentially selling this building to an existing Eagan corporation. This prospect has been in business since 1935 and currently employs approximately 100 people. They are a third party logistics company that provides short and long-term storage, public warehousing and third party trucking. They absolutely need the ability to park trailers in the designated spots shown on the attached plan. This prospect is the ideal user for this property and it allows us to keep their business in Eagan. C 7E I V E MAY ') 5 20' J In regards to screening, I apologize that it is not demonstrated with grading contours. However, the parking lot adjacent to Apollo Road is currently screened by Berming. Again, we are asking for this conditional use permit for two major reasons: We need it to give the building as many amenities as we can to attract a company sizable enough to lease/purchase 312,265 square feet and to give us the ability to continue working with our prospect. We understand the concern that the City of Eagan has with regards to outside storage, but it is our hope that we have shown, with this plan that the visual aspect of the storage from the street will be minimal. Thank you for your consideration. Sincerely, FIRST INDUSTRI?L REALTY TRUST, INC. ` os Gearen Leasing and Marketing Director JPG/amp enclosure ?23 ¦ FJRST 4 INDUSTRIAL IFIRsT INDUti I ILIA I June 30, 2005 FINSI INIHSIHIN. Ri.Alrr - TKr - 1. IM'. /fl i5 Golden Triangle Drive Srulr N Minneapoiri MN S5:?•t•1 Wi? 443-2700 Fax rJ52/943-6770 Ms. Pamela Dudriak Planner City of Eagan 3720 Pilot Knob Road Eagan, MN 55122-1897 RE. Conditional Use Permit 11-26-08-04-05 Dear Pam- I would personally like to thank you, the planning commission and the council for all of your time and efforts that you have put towards First Industrial's request for a conditional use permit. I would also like to thank the council for the continuance granted use at the last council meeting. The purpose of this letter is to address the revised request of our conditional use permit. We have provided plans that have addressed the planning commissions concerns as of the May 24, 2005 meeting. Taking into considerations the concerns with storage in the front of the building and the lack of employee parking, we have shown on the new plan, an area in the rear of the building by which we are requesting a conditional use permit be granted. We have also shown, in the shaded area, an area for future potential trailer storage. This shaded area is to show the council where we could add additional stalls should the need ever present itself in the future. As has been addressed a couple of times, Fist Industrial is negotiating a lease with a full building user at this time. This lease is contingent upon First Industrial receiving a conditional use permit for the trailer storage presented in this revised plan. We are excited about the opportunity to have a full building user for the City of Eagan and for First Industrial. However; it has been our objective to work with the City of Eagan on a conditional use pennit that provides First Industrial with the trailer storage for any potential tenant and addresses the concerns of the planning commission. Again, First Industrial appreciates the Eagan Planning commission and the City Council's review and consideration of our request. Sincerely, 4 oe Gea en ng & Marketing Director t? ? Z00/Z00'd 9LGO# AZ'IK3d 'IKILiISnQNI iSuI3 BLLB £b6 Zc6 Lti:51 900Z,0£'isnf li -- - - ? 111 41 Lr I _ 1 TT(TTM L=jI€ I i) ( I!` III, I Ij , I II I I j II 1. ? I ,j i , I I I it I 1 1 II (I ( I I I I I II - ? I I II I I ? I I .) I I ? I I II -- - ? I, mgt sr?c (131 9P -? I II 11 ? ? ? ??? j , ? I 1 1 1 I ;ir .1 - -- ?1 as «u ?R ? ? ?? y?\\ \ vv?At ? A\,?A?\ ` ? /I • I-j Hil 113=3 C> 2 c=n .46 0 Agenda Information Memo July 5, 2005 Eagan City Council Meeting NEW BUSINESS A. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an Ordinance Amendment to Chapter 10, Section 10.25 to stipulate that appeals made to the Board of Soil and Water of a City approved wetland replacement plan require the party making the appeal to post payment of $500 with the City. FACTS: ? At their regular meeting of June 21, 2005, the City Council directed the City Attorney to prepare and ordinance amendment requiring any petitioner appealing a wetland replacement action to post a letter of credit, cashier's check or cash in the amount of $500 with the City. ? The $500 posted must be returned to the petitioner unless there is finding by the Board that the appeal lacks merit, is trivial or brought solely for the purposes of delay. ATTACHMENTS: (1) Draft Ordinance Amendment on page _ 77 96 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.25 REGARDING COMPLIANCE WITH WETLAND CONSERVATION STATUTES AND REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Ten is hereby amended by changing Sectionl0.25, to read as follows: Sec. 10.25. Compliance with wetland conservation statutes and regulations. It is unlawful for any person to conduct any activity, including, but not limited to, draining, filling or burning, in wetland areas as governed by state wetland conservation statutes and regulations and any amendments thereto hereafter without first notifying the city of such activity. Upon the filing and service of a petition to appeal a decision by the City Council regarding any wetland replacement plan, banking plan, public road proiect notice, exemption, no loss or wetland boun or type request, the petitioner shall post a letter of credit, cashier's check or cash in the amount of $500.00 with the Ci Clerk. The appeal bond will be returned to the petitioner upon the completion of the appeal unless the Board of Water and Soil Resources determines that the appeal was meritless, trivial, or brought solely for the purpose of delay. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Pat Geagan Its: Mayor -**07 7 Agenda Information Memo July 5, 2005, Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT (OUTLOT B, EAGAN WOODS OFFICE PARK 2" ADDITION) - MANLEY LAND DEVELOPMENT ACTION TO BE CONSIDERED: To recommend approval of (OR direct Findings of Fact for Denial) a Planned Development Amendment and a Final Planned Development for a 24,000 sq. ft. two-story office building upon 1.8 acres located on the northwest corner of Pilot Knob Road and Buffet Way in the NE '/4 of Section 4, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: • The applicant is proposing a two-story 24,000 sq. ft. multiple occupant condominium office building. The site is vacant and was previously graded. • The proposed office use is consistent with the Office/Service land use designation. • OCB intended to create a focal point and sense of arrival into the office park. The applicant is proposing an entrance feature that consists of decorative iron fence, precast support columns, landscaping and a 24' obelisk. • The proposed building utilizes primarily glass, EIFS, and cultured stone with prefinished metal canopies and sunscreens; surrounding buildings are primarily brick and glass. This presents a different style of architecture and use of materials than surrounding buildings. • Multiple business signs are anticipated on the building. Specific conditions regarding signage are outlined in the staff report. • The Landscape Plan needs some minor modifications . • The proposal largely satisfies typical City Code standards. Two exceptions are in regard to the structure setback from a remnant public right-of-way on the northwest corner of the property, and a deviation in the number of parking stalls provided. • The APC held a public hearing on June 28, 2005, and recommended approval of the Planned Development Amendment and the Final Planned Development. ISSUES: • Staff is concerned about the location of the driveway on Buffet Way and traffic conflicts with the Buffet Way/Eagan Woods Drive intersection. Staff recommended that driveway be relocated to Eagan Woods Drive. The applicant wished to retain some access on Buffet Way and the APC compromised with approval of a right-in only on Buffet Way. This would result in a further reduction in the number of parking stalls to provide for the driveway entrance. 78' Staff is concerned about the multiple building signs that are anticipated with a multiple occupant condominium building. Consequently, specific restrictions on signage are listed in the conditions of approval in the staff report. The acceptability of the proposed amendment and its deviations are a policy matter to be determined by City officials. 60-DAY STATUS: Deadline is August 9, 2005 ATTACHMENTS: (2) June 28, 2005, APC Minutes, pages & through S t Staff report, pages" through ?y 79 City of Eagan Advisory Planning Commission Meeting Minutes June 28, 2005 Page 6 C. Eagan Woods Applicant Name: Manley Land Development Location: In the NE 1/4 of Section 4.; Outlot B, Eagan Woods Office Park ( 2nd Addition) Application: Planned Development Amendment A Planned Development Amendment to build a 24,000 sq. ft. 2 story Class A office building. File Number: 04-PA-03-05-05 Application: Final Planned Development A Final Planned Development of 1.80 acres to create a 24,000 sq. ft. 2 story office building with underground parking. File Number: 04-FD-09-05-05 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 21, 2005. She noted the background and history. Tim Johnson, Manley Land Development stated concern for the access and preference to unrestricted access on Buffet Way. 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. Mr. Johnson explained that they were trying to create a street presence without the building being the sole presence. Chair Hey[ inquired about adding brick to the building and the color of the proposed materials. Todd Mohagen, Mohagen Hansen Architects, stated additional brick could be added to the building. He stated the colors will be earth tones. He displayed a picture of an existing similar project. He stated each tenant on the first floor has an individual entrance; the larger second floor tenants would share an entrance. He stated additional evergreen landscaping materials could be added. Mr. Corder stated a right-in access would be acceptable from Buffet Way. Mr. Mohagen stated some parking could be eliminated to accommodate the additional access. He indicated the occupants that typically locate in this type of building do not have a high parking need. The applicant and Advisory Planning Commission discussed access to the property, building/entrance signage, right-of-way, elevations, and building materials. 8"0 City of Eagan Advisory Planning Commission Meeting Minutes June 28, 2005 Page 7 It was determined that the building location was a good tradeoff for underground parking, that limited building signage was appropriate and that additional brick on all four sides of the building was necessary to better fit existing development in the area and to avoid the building's appearance being too retail. Member Chavez moved, Member Hansen seconded a motion to recommend approval of a Planned Development Amendment and Final Planned Development subject to the following conditions as amended: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office prior to issuance of a building permit. 2. The following exhibits are required for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations/Signage Plan • Final Landscape Plan • Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. The property shall be platted. 5. The developer shall provide evidence of interior noise reduction to 50 dBA at the time of building permit application. 6. The landscape architect shall review the landscape plan and determine areas where evergreen materials for year around color can be incorporated. 7. The landscape architect and lighting consultant shall review the plans to make sure that the lighting and island landscaping are compatible. 8. All signage shall comply with City Code requirements. 9. Building signage shall be limited to the business identification name only, and only one sign shall be permitted for each occupant. All building signage shall be uniform in design, size, font and color, and be backlit or otherwise externally lit. Can signs and internally lit signs shall be prohibited. 10. Signage on the obelisk shall be prohibited. Signage on the panel beneath the obelisk shall be restricted to address numbers only. 11. Full public street access to the development shall be to Eagan Woods Drive with a right-in only from Buffet Way. 12. This development is responsible for cash parks and trails dedications due at the time of building permit application at the rates then in effect. 13. Brick materials shall be added to all four facades, specifically using brick in place of EIFS on the middle band of all four facades. 14. The approved uses shall be limited to professional offices only, no retail uses and no outdoor storage shall be permitted, as defined by City Attorney in the Planned Development Agreement. All voted in favor. Motion carried 7-0. 7,, PLANNING REPORT CITY OF EAGAN REPORT DATE: June 21, 2005 CASE: 04-PA-03-05-05; 04-FD-09-05-05 APPLICANT: Manley Land Development PROPERTY OWNER: Manley Land Development REQUEST: Planned Development Amendment HEARING DATE: June 28, 2005 APPLICATION DATE: June 1, 2005 PREPARED BY: Pamela Dudziak LOCATION: NW corner of Pilot Knob Road and Buffet Way COMPREHENSIVE PLAN: O/S, Office Service ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment and a Final Planned Development to change the approved land use from hotel to office upon 1.8 acres located on the northwest corner of Pilot Knob Road and Buffet Way, legally described as Outlot B, Eagan Woods Office Park 2°a Addition, in the NE '/4 of Section 4. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY This property was platted as an outlot with the Old Country Buffet (OCB) development in the mid- 1990s. The OCB Planned Development called for a hotel on this parcel. The original intent of the OCB development was to "develop a campus where, in addition to their corporate offices, the employees can be trained at a training facility, be housed at the hotel, and operate their restaurant; all on one site." (OCB Staff Report, April 25, 1995) However, these other uses have not developed ?C2 Planning Report - Eagan Woods Office Condos June 28, 2005 Page 2 and OCB has recently sold the property. Manley Land Development is now proposing a two-story office building on this property. EXISTING CONDITIONS The site is vacant and was graded with previous development. There is no significant vegetation on the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Vacant (PD approval for a hotel use) PD, Planned Development O/S, Office/Service South Vacant PD, Planned Development O/S, Office/Service East Hotel PD, Planned Development BP, Business Park West Office (OCB)/vacant PD, Planned Development O/S, Office/Service EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed office use is consistent with the Comprehensive Guide Plan Office/Service land use designation. The proposed use also appears compatible with the surrounding uses. Buffet Way leads into the Old County Buffet headquarters office building and the Eagan Woods office buildings. Also to the southeast across Pilot Knob Road is another office building. Other uses in the area include a hotel, the adjacent property to the south is approved for a restaurant use, and the adjacent property to north is approved for a hotel. Airport Noise Standards - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter of its Metropolitan Development Plan that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property within Noise Zone 2. Within this area, office development is considered to be provisional, meaning that it must comply with certain structural performance standards to be acceptable according to MS 473.192. In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 50 dBA (provisional land use performance standards) as compared with a noise level of 75 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 25 dBA (DNL level minus required dBA level) as compared with the noise level at the inner boundary of the noise zone, in this case 75 DNL. Site Plan - The Site Plan shows a two-story office building on the northern portion of the site, with surface parking on the southern portion of the property. The building is proposed to have 83 Planning Report - Eagan Woods Office Condos June 28, 2005 Page 3 some underground parking. A small surface parking lot is located off the west end of the building, leading to the underground parking area. The northern and southern surface lots are separated by a retaining wall. The applicant intends for this to be a multiple occupant building, with individual offices sold as condominium units. The sidewalk along the front of the building connects to the trail along the west side of Pilot Knob Road. This location is a gateway to Eagan, the first main intersection south of 1-494. The OCB development intended to "create a focal point and a sense of arrival to the corporate campus at the intersection of [Buffet Way] and Pilot Knob Road." (OCB Staff Report, April 25, 1995) However, since Outlots B and D have not developed, the intended focal point also did not materialize. In a preliminary meeting with this developer, staff suggested a site design that places the building on the southeast corner of the site. Orienting the building in that way would deemphasize the parking lot and create a building presence at the entrance to this office park and at this gateway intersection. The office park to the southeast across Pilot Knob Road has a similar design with no parking between the building and the intersection, and the hotel to the northeast across Pilot Knob Road has a significant building presence. As an alternative to utilizing the building to create the gateway presence, this developer is proposing instead to create a landscaped entrance feature utilizing a decorative iron fence with precast concrete support pillars, a 24' precast obelisk, and a brick backdrop for the development signage. This decorative feature serves the purpose of creating the intended focal point and sense of arrival into the office park. This type of feature is preferred by the developer due primarily to the site topography, which is conducive to locating the building on the north end of the property. Staff suggests that while this developer does not control Outlot C on the south side of Buffet Way, when Outlot C develops, the same entrance monument feature and landscaping elements should be incorporated on the south side of Buffet Way. Setbacks - The proposed building setbacks are 50 feet from Pilot Knob Road, 20 feet from the northerly lot line, and more than 50 feet from Buffet Way and Eagan Woods Drive. Minimum Parking setbacks are proposed to be 20 feet from all public streets and 25 feet from the northern lot line. These setbacks are consistent with ordinance requirements and typical setbacks for office uses required by other zoning districts. There is a remnant of public right-of-way that was dedicated with Eagan Woods 1" Addition. The portion of right-of-way that extended through this parcel was vacated with the replatting of the property with the OCB development, but the right-of-way that extends adjacent to the northwest corner of this parcel was never vacated. Therefore, a 30-foot building setback is required from this right-of-way and the proposed building setback of 20 feet in this location is a deviation from the typical City Code standard. It is anticipated that this existing right-of-way ultimately will be vacated with development of the adjacent parcel to the north, so there are no foreseen adverse impacts from this deviation. Parkin - The proposed two-story office building contains approximately 24,000 square feet. City Code requires that one parking stall be provided for each 150 sq. ft. of net office space. This calculates to a minimum required parking amount of 128 stalls. The applicant is proposing 90 8?4 Planning Report - Eagan Woods Office Condos June 28, 2005 Page 4 surface parking stalls in the main parking lot, an additional 12 stalls in the lower parking lot, and 24 underground stalls for a total of 126 parking stalls. This is two stalls short of the amount required by City Code. Parking stalls are proposed to be 10 feet wide by 19.5 feet deep; two-way driving aisles are proposed to be 24 feet wide. These dimensions are consistent with City Code standards. Landscaping - The landscape plan shows a continuous planting of Snowmound Spirea to form an undulating hedge for screening between the main parking lot and public rights-of-way. Groupings of shade trees (Autumn Blaze Maple) are proposed to add a vertical element and will shade the parking area in summer. The hedge ends in a cluster of Dwarf Korean Lilac, Little Princess and Magic Carpet Spirea and ornamental trees (Prairifire Crab or Japanese Lilac); such clusters flank the driveway entrance. The obelisk monument and sign panel have a backdrop of lilacs and are fronted with spirea, daylilies and salvia. The parking lot islands are proposed to be planted with ornamental trees and spirea. The top of the retaining wall between the two parking lots is landscaped with low growing spreading juniper, one variety of which will be placed "to allow to cascade down wall," and two varieties of spirea. The building foundation plantings consist largely of various species of spirea with some dwarf lilacs, daylilies and salvia. The northern side of the building is landscaped with Nigra Yew (an evergreen shrub), Nannyberry Viburnum and Grey Dogwood (both deciduous shrubs). Three Red Oak trees are proposed between the east side of the building and Pilot Knob Road; Swamp White Oak trees are proposed off the northeast and northwest corners of the building. While the landscape plan appears to address screening concerns and provide a fully landscaped site, staff is concerned about the lack of evergreen materials to provide year round screening and color along the public rights-of-way. A densely planted deciduous hedge may provide the screening required by City Code, but lacks the year-round green. Staff also is concerned that the canopy of the ornamental trees in the parking lot islands, when leafed out, will interfere with the site lighting and create dark spots within the parking lot. The developer should have the landscape architect and lighting consultant review this to make sure the two plans are compatible. Building Elevations/Architecture - The applicant's narrative states that the proposed amendment "would allow for a complementary and creatively designed two-story ... Class A office building." According to the applicant, the proposed building has a "Southwestern style architecture" utilizing "attractive building materials such as ... stone, glass, EIFS, canopies, all designed to create visual interest and enhance curb appeal." The proposed building architecture is a two-story flat roof design. Building materials consist primarily of EIFS and glass, with cultured stone elements and burnished block accents. Each individual office entrance is covered by a canopy. The central entrance is highlighted by a stepped raised roof line and a second story arch with a pre-finished arched metal canopy. Sunscreens above the central entrance and above the second story and end windows add a horizontal element. ? s Planning Report - Eagan Woods Office Condos June 28, 2005 Page 5 Aside from the glass, the building is approximately two-thirds EIFS material. This is a departure from the brick and glass standard that has been utilized in previous developments in this area (the hotel, OCB and Eagan Woods buildings and the office buildings in the corporate development to the southeast across Pilot Knob Road). Staff suggests that brick be added to the building exterior, perhaps between the first and second floor windows to create greater consistency with other office buildings in the area. It is a policy matter for City officials to determine whether the proposed building design and materials are acceptable. The building utilizes the topography of the site such that the parking level is exposed on the north side and will be finished in rockface block with some cultured stone. On the south side, the parking level is underground and the surface parking is then on the same level as the individual entrances and offices. The use of different materials to create both vertical and horizontal elements adds visual interest to the building. Site Lighting - City Code requires that on-site lighting be provided as is necessary for security, safety and traffic circulation. Illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property. The proposed site lighting plan appears to satisfy these standards. Site lighting is proposed through free-standing pole-mounted lights with 320 watt metal halide shoebox type fixtures. These fixtures are to be mounted on 22' poles within the parking lot. The photometric plan shows light levels of not less than 0.5 footcandles at all points within the parking lots, with a high of 8.5 footcandles and an average of 2.44 footcandles. Light levels at the property lines are 0.0 to 0.3 footcandles. Signage - A monument sign is proposed as part of the entrance monument feature. Multiple building signage areas also are proposed since this will be a multiple occupant condominium building. Individual occupant building signage will be unique for this area and staff suggests that the Advisory Planning Commission and City Council carefully consider this request. A Class A office with individual occupant building signage will be unusual. Staff suggests that building signage be limited to a building identification name rather than multiple occupant signs. If multiple occupant signs are allowed, the restrictions outlined in the following paragraph should be applied. All signage should comply with City Code requirements. In addition, building signage should be limited to the business identification name only, and only one building sign should be allowed per occupant. All building signage should be uniform in design, font, size and color, and be backlit or otherwise externally lit. Can signs or internally lit signs shall be prohibited so as to avoid the appearance of this building as a retail center. Signage should be prohibited on the obelisk, and signage on the panel beneath the obelisk should be restricted to address numbers only. Grading - The site was graded with previous development in the area and is generally open and slopes to the north. B"6 Planning Report - Eagan Woods Office Condos June 28, 2005 Page 6 Utilities - Sanitary sewer and water main of sufficient size, depth, and capacity are available for connection by this development. Storm Drainage - Storm sewer drainage is available via existing storm sewer pipe and pond (Pond HP-7) to the northwest of the site. Wetlands/Water Quality - There are no jurisdictional wetlands on the property. Water quality requirements for this site were previously satisfied with the first phase of the OCB development. Access - Street access is proposed in two locations, one onto Eagan Woods Drive to the west and one to Buffet Way to the south. The proposed access location onto Buffet Way is in close proximity (about 85 feet) to the Buffet Way/ Eagan Woods Drive intersection. The Buffet Way leg of the intersection is anticipated to accommodate a large volume of traffic when the area is fully developed. The close proximity of the proposed development access may cause vehicle conflicts on Buffet Way and at the intersection. To reduce the potential conflicts, the proposed access to Buffet Way should be relocated to the Eagan Woods Drive leg of the intersection, which is a lower-volume street. Tree Preservation - Since the site was graded with the development of the OCB headquarters building, there is little vegetation remaining on the property. What does exists is along the northern boundary of the site. Parks and Recreation - This development is responsible for cash park and trail dedications due at the time of building permit at the rates then in effect. The 2005 rates are $4,532.00 per acre for parks and $1,137.00 per acre for trails. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment and Final Planned Development to change the approved use from hotel to office upon 1.8 acres of land located north of Buffet Way at Pilot Knob Road. The acceptability of this development is a policy matter to be determined by City officials. The proposed office use appears compatible with surrounding development. The site is within Airport Noise Zone 2, within which office uses are considered provisional. Consequently, the building will have to meet the interior noise reduction standard to 50 dBA. The proposed building is a two-story flat roof design and is intended to be a condominium for multiple occupants. The developer is proposing an entrance feature that consists of both decorative iron fence, precast support columns, landscaping and a 24' obelisk. The building materials are a departure from the existing office uses within this office park and from the buildings across Pilot Knob Road which are primarily brick and glass. This building utilizes EIFS, glass and cultured stone. g? Planning Report - Eagan Woods Office Condos June 28, 2005 Paae 7 The applicant is also proposing multiple building signs that will introduce that feature to the area. Staff suggests the Advisory Planning Commission and City Council consider the office building signage be limited to a building name rather than allow individual businesses to each have a building sign. The development appears to meet most typical zoning code standards. Exceptions are the setback from the right-of-way to the north that has not been vacated, and the site is short two parking stalls. Most of the technical design elements are satisfactory. Also, relocation of the driveway access will be necessary. The developer is asked to review the site lighting and landscape plans to respond to concerns regarding conflicts with the landscaping and lighting, and the lack of evergreen landscape materials. The applicant has simultaneously applied for approval of the Planned Development Amendment and a Final Planned Development. Therefore, approval of the Planned Development Amendment constitutes approval of a Final Planned Development, which will be incorporated into a forthcoming PD Agreement. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment and Final Planned Development to change the approved land use from hotel to office upon 1.8 acres legally described as Outlot B, Eagan Woods Office Park 2a Addition. If approved the following conditions shall apply: 1. The applicant and/or developer shall enter into a Final Planned Development Agreement with the City. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office prior to issuance of a building permit. 2. The following exhibits are required for the Final Planned Development Agreement: ? Final Site Plan ? Final Building Elevations/Signage Plan ? Final Landscape Plan ? Final Site Lighting Plan 3. The site shall be developed in accordance with the above referenced final plans. 4. The property shall be platted. 5. The developer shall provide evidence of interior noise reduction to 50 dBA at the time of building permit application. 6. The landscape architect shall review the landscape plan and determine areas where evergreen materials for year around color can be incorporated. 88' Planning Report - Eagan Woods Office Condos June 28, 2005 Page 8 7. The landscape architect and lighting consultant shall review the plans to make sure that the lighting and island landscaping are compatible. 8. All signage shall comply with City Code requirements. 9. Building signage shall be limited to the business identification name only, and only one sign shall be permitted for each occupant. All building signage shall be uniform in design, size, font and color, and be backlit or otherwise externally lit. Can signs and internally lit signs shall be prohibited. 10. Signage on the obelisk shall be prohibited. Signage on the panel beneath the obelisk shall be restricted to address numbers only. 11. Public street access to the development shall be restricted to Eagan Woods Drive only. 12. This development is responsible for cash parks and trails dedications due at the time of building permit application at the rates then in effect. ?9 FINANCIAL OBLIGATION-Final Plat- Manley Land Development Based upon the study of the financial obligations collected in the past and the uses proposed for the property, the following charges will be collected. 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 collected using the rates in effect at time of building permit issuance. IMPROVEMENT Storm Sewer Trunk Water Trunk Water Availability Charge Storm Sewer Lateral USE RATE C./I. $.1545/Sq. Ft. C./I. 2,350/Ac. C./I. 3,705/Ac. C.A. 30.30/F.F. QUANTITY AMOUNT 32,844 Sq. Ft. $5,074 .75 Ac 1,762 .75 Ac 2,779 259.87F.F 7,874 TOTAL $17,489 90 Eagan Boundary Parcel Areay Location Map Park Area Building Footprint Development/Developer. Application: Case No.: Eagan Woods Office Condos PD Amendment & Final PD 04-PA-03-05-05 & OAFD-09-0 M 6 Map Prepared usi ERSI7VC)lew f.1. Par 1 base map data provided N by Dakota Co ty Office Cl nd is rmnt as of April 2005. City of Cajall THIS MAP INTEN OR REFERENCE USE ONLY R' E Community D evelopment Department The City of Eagan and Dakota Coun not guarantee the accuracy of this information and are not responsible for errors or omissions. s 1000 0 1000 2000 Feet Current Zoning and Comprehensive Guide Plan Land Use Map Eagan Woods Office Condos PD Amendment & Final PD Case Nos. 04-PA-03-05-05 & 04-FD-09-05-05 Zoning Map INTCRETAIE 11YFY. N0. 4.4 Location Current Zoning: ?• PD PD Planned Development PD L t' P PD T NB PD R-1 goo o Goo 1200 F.n P R-1 N 1 ?? i( Comprehensive Guide Plan Land Use Map i! NWT. 60.494 Location O/S Current Land Use Designation: P P /S up O/ S O/S ° SP Office Service OIS BP oo 0 Gog 1240 F..1 ® D LD D P D er? ?? Parch base map "fa-0 p Is abofa Cou.ty LLaze Survey D.partmeM Juna 2003. N 2 I n k to C mointained Cad SLR. City of Eagan W E THIS MA IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S V 9 Y 1 l? ON ,'H •S'? j avo j 80N?1 i1031d J I 011 I ? ------ ge I / Q U I _ cl.. L Z ? O ? I Ir d LL- O p I ?-. 7;' 14 Z O w ? ,I I 1 l I. al --1--=-- J --_-----_ /, _ / I f \ W LL LL- I w dd ?_'"? :aet a # 3M 1a SCQOM NVOV3 -7t 7 93 I) 3 it W Oil wa I;F EXISTING CONDITIONS 2 a y ? L t O u 6 < °Sa U . a. m iai a a a +d 8 p yS 5 9G9 ? g a? a o Y _ c a a s e ?d Rid L 'ON 'Hb'S'0 CIVMJ 90N>1 lOuld a E-+ \ m ?- ! I I ;? oW.;- I W i II ®_ o I i I i ??? i I 3AI2JG Sa00M NVOV3 I? y SITE PLAN ' ? CwN wa EW z 8 r 3 0 - ? LL- D m i --j c O A P. t`o t I r •;? 7a a S 9 9:C €t ] f ; i EsK #!ff' Iii ! ( p i i 4' b tlf?? #u ?i } W s '$ =f3s{`?' F$i fI d 2 = aww WI= I i s sOrc a&u ii?slii sa tltt" F d ? U s & 4 a $? g_ p is 'ON==.•H'V°S'0 _ ab02i 80NN -l01id ; • _'!?:..?.__ ?a v ¢ vim- c -1- - L`- ?'I t i O _. ?L.? 1 -7- al rl ?y-1 ?'?? c {,1aJ o"zol I -_ L??? `Ij 7 %? (I 'r •'- 711 i -/? ,1 o n j T l' 'f - II I t I.. , - I T 3A180 SQOOM NdJb 3? Z 1A U O I 4c• A -. I; gyy¢ 7t7- 04 W a g?g -i it m oe ;:• 7n ¢gg 2e g3 q a?¢$ V?j z i E 9 Q i I! e tl ?Y r pi lilt 111 M (11: x 3! YI p p let A?' Fiq y r 9 3 S ,. t?9f WE?f f BPf Lg ?Y[fEY"e $ 5 !; ? ? Y 3. ?? ? S e??eV l lI If l ? @_e ! I bit! a? wKBy ? _ ? o?®I ill I ? - ? C F$ ~ i is ? a: LL ? f $ l?;ll I•- ? S ? € PRELIM. GRADING PLAN I it 5 5 l2 ON -H-?'S_O o°<m-v?.I - (]VON 80NN-LO1ld z N X Q U z z z 0 U rt =v < v v aaa 1 +?, 01 A of I ?_g?f _ +Im a% ?!? 1 10, F=j " s ? c..n I I I I ? #? f?f ]AINa Sa00M Nb0d3 ?= a ?.-cf - ? I'.II 9g a$ i 44aas5 :a2?qqopqqqq??"a a pp?? I} a RIm?$ Y k Ft??????L <<`k<C <ip Ck<<KKk?? ° i i C- f "YN Y?tg Fug W3. a K x?xx>ixxaxxxt?xxxaxa 1? bf K ; $z a 9 ? ?e WEYew ? e? e a ez z9?9 € 3 v vv ' W . 7: c C zs s; d: ? o g ?_III?III I?1 !, 1111111 $ ?1 I I e••• 1 1 1 I-I Ivl '•DI??Od•d7. ii®d?F?l 9e I•o'?°°OFO}?•®??,? I I $7% I 111 n 01 Iao al I a 8n__ ¢? I ?? `?l? PRELIM. UTILITY PLAN ?' 60 !i p q { g3g ? {F . e.. . 3 t ¢ = Y rc Ey .... 2 r} 1 3c. .? s 1l11i! lkR?e .i rp r ? e CG? ? u 66. ..Q?pp g{ ? { ; 8 i 'A{ F AAS {a EY rc J E a all EII 11 1r e!( P v-S v v rth'x,- 4 II? X ' ! E e - 1 Iw u = i is ; _ = ti •E i { tl El ( ?{ {;! SEi it p ; = it 2 %M. 0 Z ? !1 F S vs ii Ss Sit e E #$ I I a d T z . J N H m 0 91 6, 11 ,1 0, r • i z N l E! 9 P; € 8 3Z Il r ?Ii e tlI; ?ls+ f„1 IRi I Mai a 7 a ?{ .3! ail; EE PRESERVATION/LANDSCAPE PLAN I II 5 3 V E Z 7 8 2 o o yo 2 u `® u 11 i 2p_.'4.I is L {F`Eil F ]fa i' t r? F i i i g i 3;?!E 2E? t t EE? A Z 4,i rt I ,? E •jE ? I o a .a a a s r , a .. . :.., . a .2 . .. . a a a a r .. P .2 Z - - - ------------------------- 9s' 9 .-t W W C.3 W Cr u ?+ R PRELIM. SITE LIGHTING ? < O Z SE0 9 ?? ? S '® o uSOV 4 Y d E u s 9t si ELEVATIONS z O M ?¦ ? ? § Q ? c?S+ I i m Fy° ?o C c; a o o a - c c a a \ c U / m ril cc O=v E C E 0 O 0 vw H w O ? d N c u '-i W w ENTRANCE FEATURE ,rs g C Z D W avOu 80N)1 LOlld 9 0 ow a 5 ° will 0 c 0 U c, O y o y o C v N /OmZ a M/a\NLEY Land Development, Inc. 21 13 Cliff Drive Eagan, MN 55122 Phone 651.454.4933 Fax 651.454.9371 www.manleybrothers.com May 11, 2005 Pam Dudziak, City Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Planned Development Amendment and Final Planned Development narrative for Eagan Woods Development Site. Dear Pam, Manley Land Development is making combined applications for a Planned Development Amendment, Final Planned Development, and Final Plat for a vacant parcel of land identified as Outlot B, located adjacent to Pilot Knob Road and Buffet Way. Several years ago, Buffet Corporate developed the site, and had a master plan approved for both a restaurant on the south parcel, and a hotel on the north parcel facing Pilot Knob Road. Unfortunately these uses never materialized and as such the parcels are currently empty. Manley is interested in developing an approximate 24,000 square foot two-story Class A Office Building with underground parking on the north parcel, and requests the Planned Development Agreement be changed to allow for office use. After City approvals it is Manley's intent to condo out the office space thru a CIC Plat. The surrounding land uses consist of corporate office buildings, with Buffet Corporate directly to the west of these parcels, one single-family home, town-offices and a craft store to the south. Northwestern Financial is across the street to the east, and a hotel exists to the northeast. The current Zoning is Office/Service and the Comp Plan is forecast as Planned Development. The office use we're proposing would be consistent and compatible with the zoning district and surrounding land uses. The Planned Development Amendment would allow for a complementary and creatively designed two- story Southwestern style architecture Class A office building. The building will feature attractive building materials such as brick, stone, glass, EIFS, canopies, all designed to create visual interest and enhanced curb appeal. We are proposing to locate the building on the north side of the parcel to take advantage of the woods and existing topography, allowing us to minimize the grading and to provide a driveway to the underground parking. This development will also provide an economic benefit with additional tax capacity and further emphasize the corporate presence along Pilot Knob Road. The Planned Development Amendment will have no measurable impact on City services, as infrastructure is in place, and services are available to the parcel. The amendment will allow for this parcel to realize its full potential other than vacant land with `for sale' signage. Our plan is to make application for building permits after our Planned Development Amendment is approved. We would hope to start construction this year and be complete by spring of 2006. RECEIVED MAY 1 87n(; /413 13 M „ NLEY Land Development, Inc. 21 13 Cliff Drive Eagan, MN 55122 Phone 651.454.4933 Fax 651.454.937I www.manleybrothers.com We ask that you review our submittal and look forward to your response. I can be reached at (651) 209- 7745 or my mobile @ (651) 587-9354. Sincerely, G u Tim Johnson Land Planner Enclosures cc: Kurt Manley / O J ? / - RECEIVED MAY 1 g app, 14 Agenda Information Memo July 5, 2005, Eagan City Council Meeting C. WAIVER OF SUBDIVISION - JAMES CARLSON AND ROBERT KOENKE ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Waiver of Subdivision requirements to shift the lot line between Lots 5 and 6, Block 1, Wilderness Park Addition, located at 1247 and 1245 Carlson Lake Lane, in the NE I/4 of Section 27, subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ? The lot line between Lots 5 and 6 is only 1.9 feet from the attached garage on Lot 5. ? The two property owners want to rectify this nonconforming setback by adjusting the lot line between the two lots ? The proposed adjustment would shift the common lot line 3.10 feet to the east (into Lot 6) to create the required five foot setback between the garage on Lot 5 and the side property line. ? The strip of land affected is 595.5 sq. ft. ? Both Lots 5 and 6 will continue to exceed the minimum 12,000 sq. ft. lot size. ? The house on Lot 6 will continue to meet required setbacks. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: August 8, 2005 ATTACHMENTS (1): Staff report, pages/through /1/ /og PLANNING REPORT CITY OF EAGAN REPORT DATE: June 30, 2005 APPLICANT: James Carlson Robert Koenke CASE: 27-WA-01-06-05 HEARING DATE: July 5, 2005 PROPERTY OWNER: James & Gayle Carlson Robert Koenke REQUEST: Waiver of Subdivision LOCATION: 1247 & 1245 Carlson Lake Lane PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-l, Single Family Residential SUMMARY OF REQUEST The Carlson's and Mr. Koenke are requesting a Waiver of Subdivision requirements to shift the common property line between their two lots at 1247 and 1245 Carlson Lake Lane, legally described as Lots 5 and 6, Block 1, Wilderness Park Addition, located in the NE 1/4 of Section 27. AUTHORITY FOR REVIEW City Code Section 13.02, Subd. 2 states that the Council may waive compliance with any of the provisions of the Subdivision Regulations where compliance will involve an unnecessary hardship, where failure to comply does not interfere with the purpose of the Subdivision Regulations, or where an improved plat can be achieved by deviation from certain provisions of the Subdivision Regulations. Section 13.40, Subd. 4 further states that the Council may impose conditions and safeguards in the variances or waivers so granted. BACKGROUND/HISTORY Wilderness Park Addition was platted in 1974. The house on Lot 5 was constructed first and according to the applicant, it was placed "based on preliminary stakes denoting the property line between Lots 5 and 6." The home on Lot 6 was constructed three years later, and it was discovered that the lot line was closer to the garage on Lot 5 than intended, resulting in a non- conforming setback for Lot 5. Only a two-foot setback exists between the property line and attached garage on Lot 5. /06 Planning Report - Carlson/Koenke July 5, 2005 Page 2 Both owners have been aware of the situation, but as it did not present any problems for them, they agreed "to address a correction some time in the future." The home on Lot 6 is being sold, and the owners now wish to resolve the situation. EXISTING CONDITIONS Both Lots 5 and 6 contain single-family homes with attached garages. The common property line is only two feet from the garage on Lot 5, and 21.5 feet from the house on Lot 6. EVALUATION OF REQUEST The current owners of the two lots have agreed to an adjustment in the common lot line to correct the nonconforming setback on Lot 5. The two owners are proposing to shift the common property line 3.10 feet to the east. The strip of land affected by this adjustment is 595.5 sq. ft. The resulting lot sizes will be 19,144 sq. ft. for Lot 5, and 16,697 sq. ft. for Lot 6. Lot 6 will continue to satisfy minimum setback requirements. There is no new development associated with this proposal and the resulting new parcel boundaries meet R-1 zoning standards for lot size, dimensions, and setbacks. SUMMARY/CONCLUSION The Waiver of Subdivision is proposed to shift the common lot line to the east so as to achieve the required minimum five foot setback from the garage on Lot 5. Both lots contain existing homes and this waiver request is not associated with any additional development. ACTION TO BE CONSIDERED To recommend approval of a Waiver of Subdivision to shift the common property line between the two lots at 1247 and 1245 Carlson Lake Lane, legally described as Lots 5 and 6, Block 1, Wilderness Park Addition, located in the NE 1/4 of Section 27. If approved, the following conditions should apply: 1. The applicant shall file with the County Auditor a lot combination to combine Lot 5 with the small portion of Lot 6, Block 1, Wilderness Park Addition, for tax purposes, and proof of the filing shall be submitted to the City within 60 days following City Council approval of the Waiver. /o 9 Planning Report - Carlson/Koenke July 5, 2005 Page 3 Parcel A (1247 Carlson Lake Lane Lot 5, Block 1, Wilderness Park Addition, according to the recorded plat thereof, Dakota County, Minnesota, and the west 3.10 feet of Lot 6, Block 1, Wilderness Park Addition, Dakota County Minnesota. Parcel B (1245 Carlson Lake Lane) Lot 6, Block 1, Wilderness Park Addition, according to the recorded plat thereof, Dakota County, Minnesota, except the west 3.10 feet. /a000/ Eagan Boundary N g Location Map Ri ht- Away Park Area Building Footprint {?. r • f . s = ' FT . . . - - a r f1 A fi •. TF t ;. 1 ? • ¦ " l e r 1 ' I ¦ 1 - • i ' ' 1 ¦ +? _?- Sub ect ? 1 1 1 a 3 ¦ t ?? ? ~ ` r t t f} rye, M - - an V:: a NX 11-s e wake. "M ft war d am =t i ?? c • r i i r ? r • ? • ?w ? a? n - ! r JIL- 411 t / a rr ? r a¦ a [ g x` ly 'iKa `J? ti 1000 0 1000 2000 Feet Development/Developer. Carlson/Koenke Application: Waiver of Subdivision Case No.: 27-WA-01-06-05 Map Prepared using E ArcView 9.1. Paroe map data provlda. by Dakota County OIb Trent as of April 2005. N City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Dw.lopm.nt Department not responsible for errors or omissions. BOUNDARY SURVEY FOR: _ BD5nd7 JAMES CARLSON D.ELMAR Fk SCtIVVANZ LAND SURVEYORS, INC. 1247 CARLSON LAKE L1i5s5 SOUTH ROBERT TRAIL ROSEMOUNr. MINNESOTA 55088 661-423-1789. EAGAN, MN 55123 SURVEYOR'S CERTIFICATE SCALE: 1 INCH - 30 FEET O - SET IRON PIPE MONUMENT • - FOUND IRON PIPE MONUMENT --94.72 EAST-- _ 68.37 EAST 97.82 65.27 3.10 OWNER: OWNER: JAMES CARLSON ROBERT J. KOENKE -0124/7 J #m Y5 LOT 5 LOT 6 0 P_ cLr c x ¢C7 NEW PROPERTY Q NEW PROPERTY D Z CONFIGURATION - (D Z F CONFIGURATION - 19, 144 SO. FT. ¢ 16.697 SO. FT, g p (r) '?. r 1 m 1D Rl m 111 Cu O) vl CO 595.5 SO. FT.= Arta o? ?Y Li%S4?!' £ 46.0, M 16.3 Z Ti BLOCK 1 BLOCK I 18.6 5.0.- 3.10- _ J? 6 UTILITY 111.89 EASEMENT o 98.11 DRAINAGE - - j - 115.00 N85'38'13"E 95.00 NB5'38 13 E CARLSON LAKE LANE NEW PROPERTY DESCRIPTIONS: CARLSON' LOT 5, BLOCK 1, WILDERNESS PARK ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, DAKOTA COUNTY MINNESOTA,AND THE WEST 3.10 FEET OF LOT 6, BLOCK 1 WILDERNESS PARK ADDITION.DAKOTA COUNTY MINNESOTA. KOENKE: LOT 6 BLOCK 1, WILDERNESS PARK ADDITION, DAKOTA COUNTY. MINNESOTA. EXCEPT THE WEST 3.10 FEET. DESCRIPTION OF LAND TO BE TRANSFERED: THE WEST 3.10 FEET OF LOT 6, BLOCK 1, WILDERNESS PARK, ACCORDING TO THE RECORDED PLAT THEE bpP1"Hr ,j? DAKOTA COUNTY, MINNESOTA. •..'1 S ? •ti hereby cerlWy that Ude eorve64 IPbRI I P.aPafeb by me DCH AR Z SWAN I r or Under my trod bupervtelan and that I am a duly Replalered Land surveyor under the law. of the Stale of Minnesota. /(J 25- f Demur H. Solw.nt Dated °??- RECEIVED JUN 0 9 1005 MnneeolaUoenee No. 0626 , su Single Family Waiver of Subdivision Narrative This request is to resolve a lot line error made 30 years ago between lots #5 and #6 in Wilderness Park First Addition. The request is made by and between Robert J. Koenke, and James A. Carlson, original owners of the lots affected. No other owners or lots are affected. The excavation and foundation for the Carlson home on lot #5 was based on preliminary stakes denoting the property line between lots 5 and 6. A side yard setback on the garage end was targeted to be 12 feet as noted in the original site drawing. Three years later the Koenke home was built on lot #6 and it was discovered that the lot line was 10 feet closer to the Carlson garage than planned leaving only a two-foot setback. Both owners know and understand the situation, but since there no critical problem, agreed to address a correction some time in the future. The Koenke home is about to be sold and the side yard lot line might represent an encumbrance to the Koenke transaction. Both owners agree it is better to resolve the issue by moving the lot line to meet the minimum setback of five feet. A certified survey shows a lot line move of 3.10 feet will eliminate any encumbrance and meet the Carlson garage setback requirement. The lot line move does not threaten the Koenke home minimum 15 foot side yard setback. Robert Koenke along with James Carlson request approval for a Waiver of Subdivision to establish a 3.10 foot wide parcel to be acquired by Carlson to eliminate any encumbrance on the either property. Properties platted in 1974, Zoning is single family, Homes located on both properties Koenke PIN 10-84250-060-01 (Lot 6) Carlson PIN 10-84250-050-01 (Lot 5) Site survey including new descriptions is enclosed ) RECEIVED JUN 0 0 Agenda Information Memo July 5, 2005 Eagan City Council Meeting XI. NEW RUNWAY/AIRPORT UPDATE ACTIONS TO BE CONSIDERED: This item is for informational purposes only. No formal action is required. FACTS: Open Houses ? The most recent open house was held on Thursday, June 16 at Glacier Hills Elementary School. Approximately 1,191 households received invitations to the open house, and approximately 50 residents were in attendance. The next open house will take place on Thursday, July 14 at 6:30 p.m. at Oak Ridge Elementary School. Approximately 2,100 invitations have been sent to residents living around Oak Ridge Elementary School. Baseline Noise RFP The monitoring for the baseline noise study has been completed. > Bill Albee, Wyle Laboratories Project Manager, and Clint Morrow, Engineer for Wyle Laboratories, will be in attendance at the July 19, 2005 City Council meeting to formally present the results of the baseline noise study. pia AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 5, 2005 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. - NEW BUSINESS I . CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Staff to Enter into Negotiations for the Potential Acquisition of MEI Business Solutions (Yarbrough) Property, 404OCedar Grove Parkway 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Staff to Enter into Negotiations for the Potential Acquisition of AVVR (Lundeen) Property, 3994 Cedarvale Drive F. OTHER BUSINESS G. ADJOURNMENT 113 Agenda Information Memo Eagan Economic Development Authority Meeting July 5, 2005 A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the June 21, 2005 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the June 21, 2005 EDA meeting on pages .t.+ 5 /11, //4/ MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota June 21, 2005 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 21, 2005 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Carlson, Commissioner Tilley, and Commissioner Maguire. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Maguire moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:O APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the May 3, 2005 EDA meeting as presented. Aye:5 Nay:0 OLD BUSINESS CONSIDER REQUEST FOR REVIEW OF RELOCATION BENEFITS AND FOR AN ADMINISTRATIVE APPEAL HEARING FOR INSTANT TESTING COMPANY AND ALLIED TEST DRILLING, FORMERLY LOCATED AT 3996 CEDAR GROVE PARKWAY Community Development Director Hohenstein discussed this item. Commissioner Tilley moved, Commissioner Fields seconded a motion to deny a request for review of relocation benefits and also deny Petitioners' request for administrative appeal hearing as untimely for failure to file the same within 90 days after receipt of the written notification concerning the amount of relocation benefits. Aye: 5 Nay: 0 NEW BUSINESS There was no new business. OTHER BUSINESS There was no other business. //s ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD phone: (612) 454- 8535. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. //b Agenda Memo Eagan Economic Development Authority Meeting July 5, 2005 1. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH THE PROPERTY OWNER FOR THE POTENTIAL ACQUISITION OF MEI BUSINESS SOLUTIONS (YARBROUGH) PROPERTY, 4040CEDAR GROVE PARKWAY ACTION TO BE CONSIDERED: To authorize negotiations for the possible acquisition of the MEI Business Solutions (Yarbrough) Property, 4040Cedar Grove Parkway FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Lennar Homes developer of the Nicols Ridge Development to facilitate the next phases of the redevelopment. • While most property acquisitions in the past have been in anticipation of a specific redevelopment plan for a portion of the area, the City has also considered the voluntary acquisition of properties in which there is a willing seller. • The City has been approached by Wade and Debbie Yarbrough, owners of the former MEI Business Solutions building at 4040Cedar Grove Parkway • Staff is requesting authorization from the EDA and City Council to enter into negotiations with Mr. Lundeen to purchase the property. ATTACHMENTS: • Resolutions on pages a /a)?) //7 CITY OF EAGAN RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF THE MEI BUSINESS SOLUTIONS (YARBROUGH) PROPERTY, 4040CEDAR GROVE PARKWAY BE IT RESOLVED by the Eagan City Council to authorize staff to enter into negotiations for the potential acquisition, of the MEl Business Solutions (Yarbrough) Property, 404OCedar Grove Parkway in the Cedar Grove Redevelopment District as a voluntary sale to the EDA for future redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION 1, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 5" day of July, 2005. Maria Petersen, City Clerk EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF THE MEI BUSINESS SOLUTIONS (YARBROUGH) PROPERTY, 4040 CEDAR GROVE PARKWAY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to authorize staff to enter into negotiations for the potential acquisition of the MEI Business Solutions (Yarbrough) Property, 4040 Cedar Grove Parkway in the Cedar Grove Redevelopment District as a voluntary sale to the EDA for future redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 5h day of July, 2005. Jon Hohenstein, Secretary/Deputy Executive Director /i9 CITY OF EAGAN RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF THE AWR (LUNDEEN) PROPERTY, 3994 CEDARVALE DRIVE BE IT RESOLVED by the Eagan City Council to authorize staff to enter into negotiations for the potential acquisition of the AVVR (Lundeen) Property, 3994 Cedarvale Drive in the Cedar Grove Redevelopment District as a voluntary sale to the EDA for future redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 5th day of July, 2005. Maria Petersen, City Clerk /ad Agenda Memo Eagan Economic Development Authority Meeting July 5, 2005 2. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH THE PROPERTY OWNER FOR THE POTENTIAL ACQUISITION OF AVVR (LUNDEEN) PROPERTY, 3994 CEDARVALE DRIVE ACTION TO BE CONSIDERED: To authorize negotiations for the possible acquisition of the AVVR (Lundeen) Property, 3994 Cedarvale Drive as a voluntary sale to the EDA for future redevelopment purposes. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • While most property acquisitions in the past have been in anticipation of a specific redevelopment plan for a portion of the area, the City has also considered the voluntary acquisition of properties in which there is a willing seller. • The City has been approached by Michael Lundeedn, owner of the AWR property at 3994 Cedar Grove Parkway. • Staff is requesting authorization from the EDA and City Council to enter into negotiations with Mr. Bunkers to purchase the property. ATTACHMENTS: • Resolutions on pages 1 A aI- 1?3 jai EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF THE AVVR (LUNDEEN) PROPERTY, 3994 CEDARVALE DRIVE BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to authorize staff to enter into negotiations for the potential acquisition of the AWR (Lundeen) Property, 3994 Cedarvale Drive in the Cedar Grove Redevelopment District as a voluntary sale to the EDA for future redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION T, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 5n day of July, 2005. Jon Hohenstein, Secretary/Deputy Executive Director /ate CITY OF EAGAN RESOLUTION TO AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS FOR THE POTENTIAL ACQUISITION OF THE AVVR (LUNDEEN) PROPERTY, 3994 CEDARVALE DRIVE BE IT RESOLVED by the Eagan City Council to authorize staff to enter into negotiations for the potential acquisition of the AWR (Lundeen) Property, 3994 Cedarvale Drive in the Cedar Grove Redevelopment District as a voluntary sale to the EDA for future redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 5t' day of July, 2005. Maria Petersen, City Clerk Agenda Information Memo Eagan Economic Development Authority Meeting July 5, 2005 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. /9I