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09/05/2006 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING September 5, 2006 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE P 1 IL ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS F 2- A. Oath of Office - New Chief of Police 3 B. Oath of Office - New Fire Fighters IV. CONSENT AGENDA 4 A. APPROVE MINUTES )q B. PERSONNEL ITEMS C. APPROVE CHECK REGISTERS V) 1'7 D. APPROVE Tobacco License for Shana Yang - Sixty One Stop, 3575 Pilot Knob Road Cl E. APPROVE Tobacco License for Melina To - MT Liquory, 1629 Lena Court # 105 F. APPROVE change in business structure of off-sale liquor license from Melina P. To, dba MT Liquory (Sole Proprietorship) to MT Liquory of Eagan LLC, dba MT Liquory. aQ G. AMEND Fee Schedule to revise quarterly community lights use fees within the street lighting utility H. APPROVE reconveyance of tax forfeit parcel 10-57504-010-00 (Pilot Knob Hts. Addition Outlot A to the State of r~ Minnesota) & I. APPROVE amendment to the 2006 General Facilities Renewal and Replacement Budget 4>27 J. APPROVE D.A.R.E. and Police Liaison Services Agreement with ISD 196 for the 2006-2007 school year K. APPROVE final payment to Harris Miniature Golf Courses, Inc. for the completion of Cascade Bay's Captain's Course golf course L. APPROVE the 2006 lease between the Dakota Center for the Arts (Eagan Art House) and the City of Eagan for the premises at 3981 Lexington Avenue and authorize the Mayor to execute the appropriate documents 34 M. APPROVE the Letter of Understanding with Health Partners to continue the Health Partners Frequent Fitness Program for eligible members of the Eagan Community Center and authorize the Mayor to execute the appropriate documents N. APPROVE CDBG Sub-recipient Agreements for Program Year 2006 with Dakota County CDA 3 O. AMEND conditions for approval of Manley Commercial Addition to include requirement to meet aircraft noise attenuation standards P. SCHEDULE public hearing to consider establishment of Cedar Bluffs Housing Improvement District on October 3, 2006 Lr4 Q. APPROVE Findings of Fact for Denial for a variance at 3220 Random Road on Lot 3, Harvey Addition in NW 1/4 of p Section 12 T 47R. APPROVE extension for recording the final plat of Oakview Center 2nd Addition L19 S. APPROVE modification to an approved planned development condition to allow full on-sale liquor at 3240 Denmark Avenue (Lot 2, Block 1, Wings Addition) 3 T. APPROVE Dakota County Traffic Signal Agreement for Project 778, TH 149 upgrade 5y U. RECEIVE Bids and Award Contract for Contract 06-09 (Nicols Road & Blackhawk Hills Road - Sidewalk Improvements) _%V. APPROVE plans & specifications and authorize advertisement for bids for Contract 06-08 (North Ridge Drive - Storm Sewer Improvements) P 5M 1W. ACKNOWLEDGE completion and authorize City Maintenance of Project 05-C (Pearlmont Heights) S$X. APPROVE Easement Agreement for Project 778 (TH 149 Upgrade) 5C7Y. PRESENT assessment roll and schedule public hearing (October 3, 2006) for Project 926, (Saddlehorn, Sunset Add, '7 Northview Meadows - Street Overlay) (OOZ. PRESENT assessment roll and schedule public hearing (October 3, 2006) for Project 927, (Meadowland I", Beaver Dam Road, Suncliff I "-5d' - Street Overlay) AA. PRESENT assessment roll and schedule public hearing (October 3, 2006) for Project 932, (Whispering Woods, Slater Acres & Slater Road - Street Overlay) P R1313. PRESENT assessment roll and schedule public hearing (October 3, 2006) for Project 933, (O'Leary Lane, Golfview Dr, Town Centre Dr - Street Overlay) O CC. RECEIVE petition and schedule public hearing (October 3, 2006) for public easement vacation, Eagandale Corporate Center No. 4 6 DD. RECEIVE petition and schedule public hearing (October 3, 2006) for public easement vacation, Eagandale Office p Park 5 h Addition EE. APPROVE a resolution to Metropolitan Council regarding Inflow/Infiltration Surcharge Program -r / FF. APPROVE Final Subdivision and Final Planned Development for Red Pine Crossing (SE of Red Pine Lane/Hwy. 3 p in SE 1/4 of Sec 36.) ~T 73 GG. APPROVE the 2007-2011 Parks and Recreation CIP V. OLD BUSINESS VI. PUBLIC HEARINGS cp 'i 79 A. VARIANCE - Erick Drenckhahn - A Variance for Four detached accessory buildings with an area exceeding 576 square feet with pitch, roof style, and finish materials incompatible with the principal structure located at 2811 Pilot Knob Road on Lot 1, Highview Acres in the SE 1/4 of Section 4. qo B. VACATION OF PUBLIC DRAINAGE & UTILITY EASEMENTS (Highview Park Addition) VII. NEW BUSINESS 93 A. CERTIFICATION OF PRELIMINARY 2007 BUDGET AND PROPERTY TAX LEVY and Setting of Truth-in- Taxation Hearting Dates ~QI B. PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY SUBDIVISION - Marion Ansari (homeowner) - A Planned Development Amendment to allow a second lot and a preliminary subdivision of 1.78 acres to create 2 lots located at 4365 Capricorn Court on Lot 5, Block 2, Wildnemess Park Third Addition in the NE '/4 of Section 27. 1 {p C. PRELIMINARY SUBDIVISION AND FINAL SUBDIVISION - Yankee Doodle Professional Building - MSP Commercial - A preliminary subdivision and final subdivision of 3.58 acres to create 2 lots located at 1519 22 Central Parkway on Lot 1, Block 2, Eagan Preserve in the NE 1/4 of Section 09. D. COMPREHENSIVE GUIDE PLAN AMENDMENT AND REZONING - St. Elizabeth Orthodox Mission - A Comprehensive Guide Plan Amendment from Retail Commercial (RC) to Quasi-Public (QP) for a church located at 1581 Century Point Avenue on Lot 1, Block 1 Century 2nd Addition in the SW 'A of Section 09. -P) 4SE. PETITION TO REVISE PARKING ORDINANCE (On-street Parking restriction - Denmark Court E & W and Denmark Trail E & W P 155 F. DIRECT staff to prepare an ordinance amendment to Chapter 11 relative to screening mechanical equipment VIII. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE 51 IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approval of Findings of Fact, Conclusions and Resolution for the Use of Eminent Domain for the Acquisition of the All American Recreation Property at 3820 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURNMENT X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIIL ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Emo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 1, 2006 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 5, 2006 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 5, 2006 City Council agenda, the following items are in order for consideration. 1 Agenda Information Memo September 5, 2006 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. OATH OF OFFICE - JIM MCDONALD-CHIEF OF POLICE ACTION TO BE CONSIDERED: 1.) To approve the appointment of Jim McDonald as Chief of Police with his starting date, Wednesday, September 6, 2006 2.) Administer the Oath of Office to Jim McDonald, Chief of Police FACTS: ♦ The City has completed a search/recruitment and final interviews for the position of Chief of Police. ♦ The final interviews were conducted on Tuesday, August 15, 2006 at a Special City Council meeting. ♦ The City Administrator was directed to make a conditional offer to Jim McDonald. ♦ All testing and other conditions have been satisfied for the City Council to consider the appointment of Jim McDonald as Chief of Police. Agenda Memo Regular City Council Meeting September 5, 2006 RECOGNITIONS AND PRESENTATIONS B. Oath of Office - New Fire Fighters ACTION TO BE CONSIDERED: None FACTS: • Fourteen firefighters have completed their 18 week Firefighter I training and have been released to respond to fire calls. • Upon completion of their Firefighter I training they have been attending weekly fire training and average approximately 10 hours per week in the performance of Fire Department related functions. • This fall they will start their 12 week First Responder training to prepare them to respond to medical calls, they will start a 40 hour Haz-Mat Operations course in 2007 and a fire apparatus operation course in the fall of 2007. • Out of the fourteen firefighters, nine are night responders and 5 are day responders. • The Fire Department is currently in the process of recruiting for our 2007 apprentice class and hope to add an additional 15 firefighters. • Our current staffing including the 2006 apprentice class is 106 firefighters. • Listed below are the Fire Fighters to be sworn in: Mike Dunn - Station 1 Tony Howe - Station 1 T.C. Schellinger - Station 1 Kari Schuch - Station 2 Jay Wiese - Station 2 Nick Gessell - Station 3 Tyler Moyna - Station 3 Jeff Tibbetts - Station 3 Steve Joerger - Station 4 Lisa Karel - Station 4 Dave Kocemba - Station 4 Greg Schauer - Station 4 Kari Wray - Station 4 Ryan Anderson - Station 5 ATTACHMENTS: None 3 Agenda Information Memo September 5, 2006 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 August 15, 2006 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the August 15, 2006 regular City Council meeting are enclosed on pages 45 through L IS-. MINUTES OF A REGULAR MEETING OF THE OR A EAGAN CITY COUNCIL F r Eagan, Minnesota August 15, 2006 A Listening Session was not held prior to the regular City Council meeting due to interviews for Police Chief. A regular meeting of the Eagan City Council was held on August 15, 2006 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert, City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an additional presentation would be made under Recognitions and Presentations, and an additional item regarding wetland delineation will be added as part of item A under New Business. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Acting Chief of Police McDonald introduced and Mayor Geagan administered the Oath of Office to newly hired Police Officer Chris Meade. John Ward made a presentation regarding the 2nd Annual Greenway Music Festival to be held on Sunday, September 10 at the Caponi An Park. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the July 31, 2006 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to accept the letter of resignation from Sheila Cartney, Planner. C. Check Registers. It was recommended to ratify the check registers dated August 3, 2006 and August 10, 2006 as presented. D. Proclamation. It was recommended to proclaim August 17, 2006 as Burnsville / Eagan Community Television Volunteer Appreciation Day. E. Correction to Ordinance. It was recommended to approve a correction to Ordinance 396 (Section 11.70, Subd. 21) regarding building design. F. Pr wect 778. It was recommended to approve a Cooperative Construction Municipal Agreement for Project 778 (Trunk Highway 149 - Street Upgrade) with the Minnesota Department of Transportation (MnDOT) and the City of Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. G. Contract 06-01. It was recommended to approve an Agency Agreement for Federal Participation in Construction for Project 778 (Trunk Highway 149 - Street Upgrade) with the Minnesota Department of Transportation (MnDOT) and authorize the Mayor and City Clerk to execute all related documents. H. Removed 1. Final Payment - 2006 Seal Coat - It was recommended to approve the final payment for the City of Eagan portion of the 2006 Seal Coat Contract in the amount of $182,258.15 to Pearson Bros., Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. J. Amendment to Joint Powers Agreement. It was recommended to approve the updated Joint Powers Agreement with Dakota County to manage a maintenance program for Individual Sewage Treatment systems (ISTS) in Eagan. 5 Eagan City Council Meeting Minutes ~j August 15, 2006 DRt4 r Page 2 K. Housing Improvement District Policy Amendment. It was recommended to authorize preparation of an Amendment of the City's policy related to Housing Improvement Districts to require replacement reserve studies meet Community Associations Institute's National Reserve Study standards and be performed by certified CAI reserve specialists. L. Ordinance Amendment. It was recommended to direct preparation of an Ordinance Amendment to Chapter 11 to clarify permitted finish material standards. M. Meeting Date - Patrick Eagan Master Plan. It was recommended to set August 24, 2006 at 6:00 p.m. at the Eagan Municipal Center as the date for the public to review the concept plans and provide input for the Patrick Eagan Park Master Plan. N. Election Judges. It was recommended to approve the list of election judges for the September 12, 2006 Primary Election. 0. Off-Sale Liquor License. It was recommended to approve a change in address on the off-sale liquor license for Madco, Incorporated, dba Cedar Grove Liquor to be located at 1967 Silver Bell Road. P. Off-Sale Liquor License. It was recommended to approve a change in manager on the off-sale liquor license for Black Diamond Liquor, LLC, dba Black Diamond Liquor located at 525 Diffley Road, Suite 2050. Q. Request for Proposals. It was recommended to authorize the advertisement for request for proposals for Occupational Health Services. PUBLIC HEARINGS VARIANCES - 3220 RANDOM ROAD City Administrator Hedges introduced this item regarding a request for a variance to exceed a 576 square foot detached accessory structure limitation and a variance to allow accessory structures exceeding the size of the principal building on property located at 3220 Random Road. City Planner Ridley gave a staff report, noting that the City Code does not allow an accessory structure to exceed the square footage of the principal structure. He stated the property would have to be rezoned to a district that allows storage as a principal use to accommodate the requested accessory structure. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Michael Holey, applicant, discussed his need for the proposed accessory structure. After discussion, it was the consensus of the Council that, due to violation of the City Code, an accessory structure larger than the principal structure on the subject property could not be allowed. Mr. Holey was informed that he could submit a written request to the Council for consideration of partial reimbursement of application fees due to the inability of the Council to issue a variance in this situation. Councilmember Tilley moved, Councilmember Fields seconded a motion to direct findings of fact for denial for a Variance to exceed a 576 square foot detached accessory structure limitation for a 768 square foot detached garage for property located at 3220 Random Road in the NW '/4 of Section 12. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember seconded a motion to direct findings of fact for denial for a Variance to allow accessory structures exceed the size of the principal building for property located at 3220 Random Road in the NW '/4 of Section 12. Aye: 5 Nay: 0 OLD BUSINESS There was no old business. Eagan City Council Meeting Minutes August 15, 2006 DRAFT Page 3 NEW BUSINESS FINAL PLAT, PRELIMINARY PLANNED DEVELOPMENT, FINAL PLANNED DEVELOPMENT AND PRELIMINARY SUBDIVISION - MANLEY COMMERCIAL City Administrator Hedges introduced this item regarding a final plat to create one lot; a preliminary subdivision to create two lots and one outlot, a preliminary planned development for a 90,000 square foot school and worship center, office buildings and a parking structure; and a final planned development for a school (grades 7-12) and worship center, located south of O'Neill Drive and 1-494 and west of Argenta Trail. Senior Planner Ridley gave a staff report. Public Works Director Colbert discussed the proposed wetland delineation plans. David Adkins, along with others, were present to represent Manley Commercial. Discussion was held regarding the proposed condition that the developer be responsible for the burying of the existing overhead utility lines along O'Neill Drive adjacent to the development. All Councilmembers except Councilmember Tilley agreed that burying the existing overhead utility lines would not be beneficial in that other overhead lines in the area would remain. Councilmember Fields moved, Councilmember Maguire seconded a motion to affirm the Water Resources Coordinator's actions related to the Manley Commercial Addition, including the Wetland Delineation Report for parcel No. 10-45700-140-00 and the exemption of wetland activity, and approve the associated Wetland Replacement Plan and authorize the Water Resources Coordinator to execute all related documents. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Final Plat (Manley Commercial Addition) to create one lot upon approximately 24.6 acres (Outlot N, Lone Oak) located south of O'Neill Drive and I-494 and West of Argenta Trail in the NE'/4 of Section 1. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to create two lots and one outlot upon 24.6 acres located south of O'Neill Drive / I-494 and west of Argenta Trail in the NE'/4 of Section 1, subject to the following conditions: Aye: 4 Nay: I (Tilley opposed) 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, 133, 134, C1, C2, C4, D1, and E1. 2. The property shall be platted. 3. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 4. All personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 5. Adequate fire hydrant coverage, in accordance with City engineering standards, shall be provided by the developer for the proposed school building. 6. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 7. The wetland delineation report shall be formally accepted as submitted. 8. The incidental wetland exemption request shall be granted. 9. High quality wetlands "A" and "B" shall be protected according to the following provisions, all of which are proposed by the developer: a. avoidance of any impacts without demonstration of significant public benefit b. minimum natural vegetation buffer width of 50 feet and average buffer width of 75 feet c. 25-foot no-grade zone around wetlands d. 25-foot structure setback from outer buffer edge, and e. A conservation easement for the surrounding area 7 Eagan City Council Meeting Minutes D R A August 15, 2006 Page 4 10. A wetland replacement plan must be approved by the City prior to issuance of a grading permit, or approval of the Final Planned Development or Final Subdivision. The following recommendations of the TEP shall be complied with: a. Specifications for design and installation of rain gardens shall be submitted for City review and approval. b. A conservation easement shall be established for the land area that includes the remaining wetlands, newly created wetlands, and associated upland buffer. c. New wetlands shall be constructed with irregular shorelines and undulating bottom depths to the extent possible without creating a steeper slope from the roadway. d. The impervious cover of the commercial portion of the site shall not exceed 75 percent, without review and approval by the City and unless the size of the stormwater pond is increased accordingly to accommodate it. e. All soils used for topdressing created wetlands shall be form upland areas free of invasive or non- native species. f. The applicant is responsible for submitted the required wetland replacement site monitoring reports, as required by Wetland Conservation Act rules. 11. The applicant shall be required to fulfill tree mitigation requirements through the installation of one hundred eight-one (181) Category B trees. 12. The applicant shall be required to protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 13. The applicant shall be required to contact the City forestry Division and wet up a preconstruction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the tree protection fencing. 14. This proposal shall be responsible for a cash parks and cash trails dedications, payable at the time of building permit issuance at the rates then in effect. 15. A 2.35 acre portion of the subject site is located in Inver Grove Heights and will require separate action by the Inver Grove Heights City Council for development and plat approval. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development for a 90,000 square foot school (grades 7-12) and worship center, and office buildings and a parking structure upon 24.6 acres located south of O'Neill Drive and I-494 and west of Argenta Trail in the NE '/o of Section 1 subject to the following conditions: Aye: 4 Nay: 1 (Tilley opposed) 1. The developer shall execute a Planned Development Agreement which includes the following plans: • Preliminary Site Plan • Preliminary Building Elevations • Preliminary Landscaping Plan • Preliminary Site Lighting Plan 2. The property shall be platted. 3. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A 1, B 1, B3, B4, C 1, C2, C4, D 1, and E 1. 4. This Preliminary PD approves the following uses: • Lot 1, Block 1 - 90,000 sq. ft. school (grades 7-12) and worship center, and associated parking and athletic field • Outlot A - Multi-story Office (up to 12,0,000 sq. ft.) and associated required parking 5. The Final Planned Development for Outlot A shall be subject to review and a public hearing by the Advisory Planning Commission. Compliance with City Code requirements and any proposed deviations shall be evaluated at the time of Final Planned Development. 6. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. e) RAFT Eagan City Council Meeting Minutes August 15, 2006 Page 5 7. All personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 8. Adequate fire hydrant coverage, in accordance with City engineering standards, shall be provided by the developer for the proposed school building. 9. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 10. The wetland delineation report shall be formally accepted as submitted. 11. The incidental wetland exemption request shall be granted. 12. High quality wetlands "A" and "B" shall be protected according to the following provisions, all of which are proposed by the developer: • avoidance of any impacts without demonstration of significant public benefit • minimum natural vegetation buffer width of 50 feet and average buffer width of 75 feet • 25-foot no-grade zone around wetlands • 25-foot structure setback from outer buffer edge, and • A conservation easement for the surrounding area 13. A wetland replacement plan must be approved by the City prior to issuance of a grading permit, or approval of the Final Planned Development or Final Subdivision. The following recommendations of the TEP shall be complied with: • Specifications for design and installation of rain gardens shall be submitted for City review and approval. • A conservation easement shall be established for the land area that includes the remaining wetlands, newly created wetlands, and associated upland buffer. • New wetlands shall be constructed with irregular shorelines and undulating bottom depths to the extent possible without creating a steeper slope from the roadway. • The impervious cover of the commercial portion of the site shall not exceed 75 percent, without review and approval by the City and unless the size of the stormwater pond is increased accordingly to accommodate it. • All soils used for topdressing created wetlands shall be form upland areas free of invasive or non- native species. • The applicant is responsible for submitted the required wetland replacement site monitoring reports, as required by Wetland Conservation Act rules. 14. The applicant shall be required to fulfill tree mitigation requirements through the installation of one hundred eight-one (181) Category B trees. 15. The applicant shall be required to protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 16. The applicant shall be required to contact the City forestry Division and wet up a preconstruction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the tree protection fencing. 17. This proposal shall be responsible for a cash parks and cash trails dedications, payable at the time of building permit issuance at the rates then in effect. 18. A 2.35 acre portion of the subject site is located in Inver Grove Heights and will require separate action by the Inver Grove Heights City Council for development and plat approval. 19. Trash and recyclables storage shall be provided inside the principal building. Outside storage of trash shall not be allowed. 20. The applicant shall provide the necessary percentages to demonstrate compliance with the architectural standards ordinance for incorporation into the Final PD Agreement. 21. All building elevations shall be provided for incorporation into the Final PD Agreement, and all facades shall be treated as a front and should utilize the same architecture and materials. 22. Building elevations shall be required prior to Final Planned Development approval for Outlot A. 23. A revised Landscape Plan, incorporating the following modifications, shall be submitted for incorporation into the Final Planned Development Agreement for Lot 1. 9 off" ' Eagan City Council Meeting Minutes August 15, 2006 /q F Page 6 a. Add shrubs or perennials on top of retaining walls to enhance screening of the parking areas on top of the retaining walls. The specific plant material should be well-suited to the growing conditions and withstand snow storage. b. Re-designate trees within parking lot islands as landscaping, not mitigation. c. Include underlying grading contours. d. Plan shall be signed by the landscape architect who prepared it. 24. A Landscape Plan shall be required at the time of Final Planned Development for Outlot A. 25. A sign plan shall be required at the time of Final Planned Development for the development of Outlot A. Signage for both the school and Outlot A shall be subject to compliance with City Sign Code standards. 26. The Final Site Lighting Plan shall include building and canopy lighting and show the lighting statistics. Parking lot lighting shall meet the 4:1 or less average to minimum standard. Additional pedestrian lighting shall be provided along the south side of the building along the sidewalk near the tumaround/drop-off area. 27. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of plant materials and placement of light fixtures do not conflict. 28. Site Lighting Plans shall be required for the development of Outlot A at the time of Final Planned Development and shall be subject to compliance with City Code standards in effect at that time. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve a Final Planned Development or a school (grades 7-12) and worship center upon 14.97 acres located south of O'Neill Drive and 1-494 and west of Argenta Trail in the NE 1/4 of Section 1, subject to the following conditions. Aye: 4 Nay: 1 (Tilley opposed) 1. The developer shall execute a Planned Development Agreement which includes the following plans: • Final Site Plan • Final Building Elevations • Final Landscaping Plan • Final Site Lighting Plan 2. The property shall be platted. 3. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A 1, B 1, B3, B4, C 1, C2, C4, D 1, and E 1. 4. This Final PD approves a 90,000 sq. ft. school (grades 7-12) and associated parking and athletic field 5. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 6. All personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. Adequate fire hydrant coverage, in accordance with City engineering standards, shall be provided by the developer for the proposed school building. 8. The developer shall provide temporary public easement over the temporary cul-de-sac at the south end of the proposed street. 9. The developer shall provide a conservation easement around Wetlands A and B to be protected. The easement shall be provided prior to release of the Final PD Agreement for recording, in a form acceptable to the City Attorney. 10. The wetland delineation report shall be formally accepted as submitted. IL The incidental wetland exemption request shall be granted. 12. High quality wetlands "A" and "B" shall be protected according to the following provisions, all of which are proposed by the developer: a. avoidance of any impacts without demonstration of significant public benefit b. minimum natural vegetation buffer width of 50 feet and average buffer width of 75 feet c. 25-foot no-grade zone around wetlands d. 25-foot structure setback from outer buffer edge, and e. A conservation easement for the surrounding area 13. A wetland replacement plan must be approved by the City prior to issuance of a grading permit, or approval of the Final Planned Development or Final Subdivision. The following recommendations of the TEP shall be complied with: to CJL Eagan City Council Meeting Minutes August 15, 2006 Page 7 a. Specifications for design and installation of rain gardens shall be submitted for City review and approval. b. A conservation easement shall be established for the land area that includes the remaining wetlands, newly created wetlands, and associated upland buffer. c. New wetlands shall be constructed with irregular shorelines and undulating bottom depths to the extent possible without creating a steeper slope from the roadway. d. The impervious cover of the commercial portion of the site shall not exceed 75 percent, without review and approval by the City and unless the size of the stormwater pond is increased accordingly to accommodate it. e. All soils used for topdressing created wetlands shall be form upland areas free of invasive or non- native species. f. The applicant is responsible for submitted the required wetland replacement site monitoring reports, as required by Wetland Conservation Act rules. 14. The applicant shall be required to fulfill tree mitigation requirements through the installation of one hundred eight-one (181) Category B trees. 15. The applicant shall be required to protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 16. The applicant shall be required to contact the City forestry Division and wet up a preconstruction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the tree protection fencing. 17. This proposal shall be responsible for a cash parks and cash trails dedications, payable at the time of building permit issuance at the rates then in effect. 18. A 2.35 acre portion of the subject site is located in Inver Grove Heights and will require separate action by the Inver Grove Heights City Council for development and plat approval. 19. Trash and recyclables storage shall be provided inside the principal building. Outside storage of trash shall not be allowed. 20. The applicant shall provide the necessary percentages to demonstrate compliance with the architectural standards ordinance for incorporation into the Final PD Agreement. 21. All building elevations shall be provided for incorporation into the Final PD Agreement, and all facades shall be treated as a front and should utilize the same architecture and materials. 22. A revised Landscape Plan, incorporating the following modifications, shall be submitted for incorporation into the Final Planned Development Agreement for Lot 1. e. Add shrubs or perennials on top of retaining walls to enhance screening of the parking areas on top of the retaining walls. The specific plant material should be well-suited to the growing conditions and withstand snow storage. f. Re-designate trees within parking lot islands as landscaping, not mitigation. g. Include underlying grading contours. h. Plan shall be signed by the landscape architect who prepared it. 23. The Final Site Lighting Plan shall include building and canopy lighting and show the lighting statistics. Parking lot lighting shall meet the 4:1 or less average to minimum standard. Additional pedestrian lighting shall be provided along the south side of the building along the sidewalk near the turnaround/drop-off area. 24. The developer shall have the lighting engineer and landscape architect review the Site Lighting Plan in conjunction with the Overall Planting Plan to ensure that the selection of plant materials and placement of light fixtures do not conflict. PLANNED DEVELOPMENT AMENDMENT PRELIMINARY SUBDIVISION - ANXON, INC. City Administrator Hedges introduced this item regarding a planned development amendment to construct a new 14,409 square foot building, including drive-through service at 1274 Town Centre Drive. City Planner Ridley gave a staff report. The developer discussed architectural features that will be continued from the north and west elevations to the south elevation as requested by the Advisory Planning Commission. I I Eagan City Council Meeting Minutes RJR August 15, 2006 Page 8 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to construct a new 14,409 square foot building, including drive-through service, at 1274 Town Centre Drive (proposed Lot 1, Block 1, Town Centre 100 20`h Addition) in the NW 1/4 of Section 15 subject to the following conditions. Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Site Plan • Landscape Plan Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision to construct a new 14,409 square foot building, including drive-through service, at 1274 Town Centre Drive (proposed Lot 1, Block 1, Town Centre 100 20`h Addition) in the NW '/4 of Section 15, subject to the following conditions. Add condition to work with staff on south side elevation. Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, D1 and E1. 2. The property shall be platted. 3. A revised landscape and site plan shall be submitted which incorporates additional green space and landscape features to attain a minimum of 20% green space on the site. 4. The developer shall implement low impact development techniques on the large parking area that may include pervious pavement, infiltration basins, landscape plantings, etc. equivalent to the amount of stormwater storage and quality of stormwater treatment expected by traditional stormwater (NURP) ponds. 5. If low impact development techniques are not feasible and practical, a cash payment in lieu of the necessary stormwater treatment pond volume shall be required. 6. The developer shall provide evidence of private ingress/egress easements between the new lots and the existing retail center properties, for review and approval by the City Attorney. 7. A stop sign shall be installed on the service drive from the proposed drive-through as it enters the main parking area, and should be physically channeled with curb and sidewalk to provide the one-way exit movements only. 8. Prior to final subdivision approval, the developer shall provide a waiver of objection to assessment for Project 933. 9. The developer shall work with staff to reach an acceptable plan for continuation of architectural features from the north and west elevations to the south elevation of the building. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed a request by the Airports Relations Commission for additional analysis of the Phase II Noise Study by Orfield Labs. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve additional analysis by Orfield Labs at a cost not to exceed $12,000. Aye: 5 Nay: 0 The City Council meeting was recessed at 7:45 p.m. and a meeting of the Economic Development Authority was immediately convened. It was noted that a closed session of the Economic Development Authority would be held following the regular City Council meeting. The regular City Council meeting was reconvened at 8:00 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges noted that a Certificate of Recognition would be sent to Burnsville High School in recognition of their 50th anniversary. 17. Eagan City Council Meeting Minutes August 15, 2006 a► Page 9 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:10 p.m. 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. 1 Agenda Information Memo September 5, 2006 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Sports Program Assistant-- ACTION TO BE CONSIDERED: To approve the hiring of Jonathan Moore, Sports Program Assistant. Item 2. Chief of Police-- ACTION TO BE CONSIDERED: To ratify the appointment of Acting Chief of Police McDonald as Chief of Police. FACTS: • At a special City Council meeting held on August 15, three final candidates for Chief of Police were interviewed by the City Council. • Following interviews, the Council approved offering the position to Acting Chief of Police McDonald, pending psychological testing. • The Psychological exam was completed. The Psychologist recommended McDonald for the position of Police Chief, therefore the Council is set to ratify the appointment at this time. Item 3. Police Department Reorganization-- ACTION TO BE CONSIDERED: To approve the Police Department reorganization as presented. FACTS: • In 2004, the Eagan Police Department began a three phase process to reorganize the agency in light of key retirements and to be better prepared for incident management scenarios. The plan would be implemented in budget years 2004-2006. The initial plan called for appointing a Deputy Chief, three lieutenants, along with an additional "non-sworn" lieutenant, that would be able to coordinate emergency management responsibilities. Additionally, the position would be responsible for the supervision of police communications, animal control, and the community service officers. I q Agenda Information Memo September 5, 2006 Eagan City Council Meeting • When the city made the decision to consolidate its communications center with the other Dakota County agencies, police administration believed the original reorganization plan should be modified as a major part of the "non-sworn" lieutenant's responsibilities would be absent as the position would no longer require the supervision of the communication center. • Ultimately, police administration determined there were current staff members that could absorb more responsibilities whereupon there would be no need to hire an additional "non-sworn" lieutenant. • With the assistance of the human resources department, police administration developed job descriptions that would meet the goals of the third phase of the original reorganization initiative. Namely, the current Clerical Supervisor position would be re-titled "Office Manager" and the Administrative Assistant Position would be renamed "Manager of Support Services". • Approving this plan does not increase the number of personnel in the police department. However, it does increase the wage of the Clerical Supervisor (re-titled Office Manager) by approximately $3500 per year. The effective date would be September 3, 2006. • Ken Southorn has been performing the Emergency Management Responsibilities for the city on a part-time basis. Upon final approval of the reorganization, the department would transition his responsibilities to the Manager of Support Services. Ideally, Mr. Southorn would remain with the city no later than the end of the year to facilitate the development of an Avian Flu Response for city government. 115 Agenda Information Memo September 5, 2006 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 17, 2006, August 24, 2006 and August 31, 2006 as presented. ATTACHMENTS: • Check registers dated August 17, 2006, August 24, 2006 and August 31, 2006 are enclosed without page number. Agenda Memo September 5, 2006 Regular City Council meeting CONSENT AGENDA: D. Tobacco License for Shana Yang - Sixty One Stop, 3575 Pilot Knob Road ACTION TO BE CONSIDERED: Approve Tobacco License for Shana Yang - Sixty One Stop, 3575 Pilot Knob Road FACTS: • Shana Yang has applied for a license to sell tobacco products at 3575 Pilot Knob Road under the name of Sixty One Stop • This location is the former Kath Fuel Oil Station • All requirements of the application have been met and fees have been paid • The Police Department has reviewed the application and sees no reason to deny ATTACHMENTS: None. (The application is available for review in the Administration Department) Agenda Memo September 5, 2006 Regular City Council meeting CONSENT AGENDA: E. Tobacco License for Melina P. To - MT Liquory of Eagan, LLC, 1629 Lena Court #105 ACTION TO BE CONSIDERED: Approve Tobacco License for Melina P. To - MT Liquory of Eagan, LLC, 1629 Lena Court #105 FACTS: • Melina P. To has applied for a license to sell tobacco products at 1629 Lena Court #105 under the name of MT Liquory of Eagan, LLC • All requirements of the application have been met and fees have been paid • The Police Department has reviewed the application and sees no reason to deny ATTACHMENTS: None. (The application is available for review in the Administration Department) I~ Agenda Information Memo September 5, 2006, Eagan City Council Meeting F. APPROVE CHANGE IN BUSINESS STRUCTURE OF OFF-SALE LIQUOR LICENSE FROM MELINA P. TO, DBA MT LIQUORY (SOLE PROPRIETORSHIP) TO MT LIOUORY OF EAGAN, LLC DBA MT LIQUORY ACTION TO BE CONSIDERED: To approve a change in business structure of off-sale liquor license from Melina P. To, dba MT Liquory (Sole Proprietorship) to MT Liquory of Eagan, LLC, dba MT Liquory at 1629 Lena Court # 105. FACTS: ➢ On July 31, 2006, the City Council approved an off-sale liquor license for Melina P. The business was structured as a sole proprietorship. ➢ Due to a conflict with registering the business name with the Secretary of State, the applicant decided to change the business structure from a sole proprietorship to a limited liability company. Additionally, the licensee name changed from Melina P. To to MT Liquory of Eagan, LLC. ➢ The applicant has submitted all required documents for this change to occur and they have been reviewed and deemed in order by City staff. ➢ Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (0): 9 I Agenda Information Memo September 5, 2006 Eagan City Council Meeting G. Amend 2006 Fee Schedule to revise quarterly community lights user fees within the street lighting utility. ACTION TO BE CONSIDERED: To amend the 2006 Fee Schedule to revise quarterly community and signal lights user fees within the street lighting utility as follows: o R1/R2 $ 1.75 o R3 1.40 o R4 1.03 o Non-residential 7.02 FACTS: • The street lighting utility attempts to fully recover maintenance costs of operating the City's street/intersection lights and signal lights through collection of user fees in the quarterly utility bills. Maintenance expense consists primarily of electricity, but includes repair and other administrative costs as well. • Traditionally, an outside consultant has reviewed the user fees annually and recommended changes as necessary. • The rate structure adopted in 2005 was considerably revamped from the prior year, based on the consultant's recommendations. From the reduced billings the City has experienced since that time, it is now clear a significant calculation error was made in determining the 2005 rates. The error appears to involve the community and signal lights fees, not the neighborhood lights fees. The error has been carried forward into the 2006 rates as well. • The proposed fee changes represent a reversion to the 2004 rate structure, adjusted for inflation and other increases in expenses since that time. These fees are projected to provide full cost recovery in the street lighting utility going forward. • A more comprehensive rate study conducted by either another consultant (the prior consultant is now retired) or City staff is under consideration for setting 2007 rates. • The recommended rate revision will increase a single-family homeowner's quarterly bill for community lights by $1.18 (from $.57 per quarter to $1.75). ATTACHMENTS: • A history of the community and signal lights portion of the street lighting utility rates is attached on page 20 City of Eagan Street/Signal Lighting Rates Existing Proposed 2001 2002 2003 2004 2005 2006 2006 Community and signal lights R1/R2 $1.70 $1.70 $1.70 $1.45 $ 0.53 $ 0.57 $ 1.75 R3 1.36 1.36 1.36 1.16 0.43 0.46 1.40 R4 1.05 1.05 1.05 0.85 0.32 0.34 1.03 Non-residential 6.80 6.80 6.80 5.80 2.13 2.29 7.02 ZJ Agenda Information Memo September 5, 2006, Eagan City Council Meeting H. APPROVE RESOLUTION OF RECONVEYANCE OF TAX FORFEIT PARCEL (10-57504-010-00), OUTLOT A PILOT KNOB HTS. 5 ADDITION TO THE STATE OF MINNESOTA ACTION TO BE CONSIDERED: To approve the reconveyance of tax forfeit parcel 10-57504-010-00 (Outlot A Pilot Knob Hts. 5th Addition) to the State of Minnesota. FACTS: • In official action of the City Council at the regular meeting held December 6, 1999, the above referenced parcel was declared to have a public purpose noted as street right of way. The State of Minnesota subsequently conveyed the property to the City in January of 2000. • Staff has determined that this property is not needed as right of way for any current or future projects. • State statutes mandate that if the property is no longer or has never been used for the defined purpose, it is the responsibility of the City to either purchase the property or reconvey it back to the State. There is no reason for the City to own the parcel; therefore staff is recommending that it be reconveyed to the State per its direction. ATTACHMENTS- copy of a location map for this parcel. • • Enclosed on page is a • Enclosed on pages Z14 8,75 is a copy of a resolution approving this reconveyance. zz Dakota County Real Estate Inquiry Page 1 of 1 Dakota County Real Estate Inquiry Data Updated 8/24/2006. Need Help? What's New? Legend Map navigation Real. Estate Parcels AA E3 141111111- Select option and click on map: Panels ® Common. Ownership • Zoom In :v Zoom Out Pan Identify Water Show Full County Map Big Map IR RAW. Ease ment ❑ Dedicated RAW r o} Tax Parcels 4 )Market Value Y' - ? Recent Sales 7 r Year Built Air Photo Torrens NL y' l r Refresh Map Choose ONE search method, enter s criteria, and click Go or hit enter key. Go House OR - PIN:' Go Copyright 0 2W6, Dakota Goway This applicati n was developed by the Dakota County Office of GIS in cooperation with Assessi Services, Treasurer- Auditor and ProoertxRecords Departments C O U N T Y Click on the D kota County Logo above to return to the home page • ?OL it (Ile 23 http://gis.co.dakota.mn.us/scripts/esrimap.dll?Name=webql &Left=541254.455004096&B... 8/30/2006 PT Form 975 (Revised 11/99) Minnesota Department of Revenue Reconveyance of Forfeited Lands to the State of Minnesota By a Governmental Subdivision Under Minnesota Statutes, Section 282.01,.Subdivision ld State Deed Tax Due Hereon: 1.65 WHEREAS, pursuant to Minnesota Statutes, Section 282.01, Subdivisions la to lc, the State of Minnesota, on the 14th day of January 2000 , conveyed to the City of Eagan a governmental subdivision of the State of Minnesota (hereinafter "Governmental Subdivision"), by state deed numbered 0192078 the real property described below (hereinafter "Property") to be used for an authorized public use, and WHEREAS, the Governmental Subdivision has either failed to put the Property to the public use for which it was conveyed, or has abandoned the public use for which it was conveyed, and now desires to reconvey the Property under Minnesota Statutes, Section 282.01, Subdivision ld to the State of Minnesota, to be held in trust according to Minnesota Statutes, Section 281.25, NOW THEREFORE, the Governmental Subdivision, pursuant to said laws, and pursuant to the duly adopted resolution of its governing body number N/A dated September 5, 2006 , does hereby grant and convey the property in the County of Dakota , described as follows, together with all appurtenances thereunto belonging: 10-57504-010-00 Pilot Knob Hts. 5th Addition Outlot A to the State of Minnesota, to be held in trust as provided by Minnesota Statutes, Section 281.25, upon like conditions and with like effect as if the Property had not been conveyed to the Governmental Subdivision for a public use. City of Eagan (Name of Governmental Subdivision) By: Mayor 9-5-2006 Signature Title Date By: City Clerk 9-5-2006 Signature Title Date STATE OF MINNESOTA ) ss. County of Dakota ) On this 5th day of September 2006 Pat Geagan and Maria Petersen respectively the Mayor and the City Clerk of the governmental subdivision named in the foregoing instrument, appeared before me and acknowledged that they executed the same as the free act and deed of said governmental subdivision pursuant to the statutes in such case made and provided. Notary Date Tax Statements (if any) for the real property described in this instrument should be sent to the County Auditor of the County wherein the property is located, in care of the County Courthouse. Approved by the Attorney General. This instrument was drafted by the Commissioner of Revenue, Minnesota Department of Revenue, St. Paul, MN 55146. Approval The undersigned, acting for the Commissioner of Revenue of the State of Minnesota, under delegation of authority duly filed with the Secretary of State, does hereby approve the foregoing conveyance to the State of Minnesota. Dated: STATE OF MINNESOTA Commissioner of Revenue By: The duly appointed delegate of the Commissioner of Revenue, for these purposes. STATE OF MINNESOTA) )SS. COUNTY OF RAMSEY ) This Approval was acknowledged before me on by , the duly appointed delegate of the commissioner of revenue for these purposes. Notary Date Agenda Information Memo September 5, 2006 Eagan City Council Meeting 1. APPROVE AN AMENDMENT TO THE 2006 GENERAL FACILITIES RENEWAL & REPLACEMENT BUDGET ACTION TO BE CONSIDERED: To approve an amendment to the 2006 General Facilities Renewal & Replacement Budget. FACTS: • In late 2005 the City Council approved the 2006 Budget for the General Facilities Renewal & Replacement Fund. • After unsuccessful attempts to patch the leaking roof on Fire Station 4, the Fire Department is recommending that the roof be replaced at an estimated cost of $40,000. • Financing the roof replacement is consistent with the intent for the use of the City's General Facilities Renewal & Replacement Fund, although this specific project was not previously budgeted for 2006. • To protect the City's investment in the building and equipment it is staff's recommendation that the work be undertaken in 2006. • There is an adequate balance in the fund to provide the necessary 2006 funding for this project. Use of the money in 2006 will be taken into consideration in final preparation of the 2007 budget for this fund. ATTACHMENTS: (None) Agenda Information Memo September 5, 2006, Eagan City Council Meeting J. APPROVE D.A.R.E. AND POLICE LIAISON SERVICES AGREEMENT WITH ISD 196 FOR 2006-2007-SCHOOL YEAR ACTION TO BE CONSIDERED: To approve the D.A.R.E. and Police Liaison Services Agreement with ISD 196 for the 2006-2007 School Year. FACTS: ➢ The City of Eagan and ISD 196 have partnered for a number of years in teaching D.A.R.E. to students in the eight ISD 196 elementary schools in Eagan. ➢ The district wishes to continue this relationship and agrees to pay the City $20,583 for an Eagan Officer to teach D.A.R.E. for the 2006-2007 school year. ➢ The City of Eagan and ISD 196 have also previously partnered in establishing a school resource officer in the three ISD 196 secondary schools in Eagan. ➢ The district wishes to continue this relationship and agrees to pay the City $66,504 for Eagan Police Officers to continue working in the schools for the 2006-2007 school year. ➢ The total amount the district will pay the City of Eagan for providing D.A.R.E. and Police Liaison Services for the 2006-2007 school year is $87,087. ATTACHMENTS: (1) Enclosed on pages 28 throughq3l--- is a copy of the cover letter requesting approval and the D.A.R.E. & Police Liaison Services Agreement between ISD 196 and the City of Eagan. 27 INDEPENDENT SCHOOL DISTRICT 196 Jill E. Coyle, School District Attorney 651-423-7883 14445 DIAMOND PATH WEST FAX 651-423-7727 ROSEMOUNT, MINNESOTA 55068-4199 jill.coyle@districtl96.org August 2006 Mr. Tom Hedges City Administrator City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: Enclosed is a copy of the annual D.A.R.E. and Police Liaison Services Agreement for the 2006-2007 school year. The amount specified in the agreement was verified in conversation with representatives of your police department. The Minnesota Legislature has maintained the same amount of funds per pupil for the "Safe Schools Levy" as last year. We have provided the local police departments who work with District 196 an increase in funding of 3%. Levy funding for the D.A.R.E. program has been capped at $50,000 districtwide by the Board of Education. This amount is then divided by the number of fifth graders to determine the amount each department will receive per pupil served. This year's funding is $24.68 per student, up slightly from $24.51 last year. Based on 834 fifth graders in the eight elementary schools in Eagan, the payment for the D.A.R.E. program will be $20,583. The City of Eagan will also receive a total of $66,504 for police liaison services at the three secondary schools. Taking this into consideration, the City of Eagan will receive a total of $87,087 for D.A.R.E. and police liaison services in the eleven District 196 schools in Eagan that receive such services. Please review this document and return the signed copy to me. Sincerely, q ' f ca-n - Jill E. Coyle School District Attorney Enclosure cc: John.Currie, Superintendent Jeff Solomon, Director of Finance Jane Stewart, Principal on Special Assignment Educating our students to reach their full potential 196 Serving Apple Valley, Burnsville, Coates, Eagan, Inver Grove Heights, Lakeville, Rosemount, and Empire and Vermillion Townships c~ 2S D.A.R.E. & POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into this day of , 2006 by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City"). RECITALS WHEREAS, for purposes of this Agreement, the School District's participating elementary schools within the City consist of the following schools: Deerwood, Glacier Hills, Northview, Oak Ridge, Pinewood, Red Pine, Thomas Lake and Woodland. WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School; and WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes § 126C.44. NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a police officer who is a state certified peace officer and certified D.A.R.E. instructor to instruct a curriculum of drug abuse resistant education ("D.A.R.E.") in the School District's elementary schools. 2. The School District agrees to pay the amount of $20,583 to the City as and for the City's costs incurred in teaching the D.A.R.E. program for the School District. 3. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and c. Law enforcement. 4. The School District shall pay the City the amount of $66,504, as and for the City's police liaison services to the School District. 5. The parties agree and acknowledge that the police officers who are assigned to provide D.A.R.E. instruction and police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The police officers shall not become an agent or employee of the School District by virtue of this Agreement and shall not make any representations to the contrary. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools or be considered educational service providers, but shall be limited to their police functions. 2q 6. The amount to be paid by the School District as specified in Paragraphs 2 and 4 herein shall be payable for the 2006-2007 school year upon approval of this Agreement by both parties. 7. This Agreement is effective for the 2006-2007 school year; upon the expiration of the 2006-2007 school year, this Agreement shall automatically terminate. 8. Each party shall be liable for the acts and omissions of its own agents and employees and not the acts and omissions of the other party's agents and employees. The parties' liability shall be limited by the provisions of the Municipal Tort Claims Act, Minn. Ch. 466 or other applicable law. 9. The parties agree that all government data collected, shared or received as a result of the parties' duties under this Agreement shall be handled and maintained in accordance with all applicable federal, state and local laws, rules and regulations governing government data, including, but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The parties understand and agree that any sharing of data between them must occur in accordance with the law governing the dissemination of data, including, but not limited to, specific laws and governing the sharing of data on students and minors. SCHOOL DISTRICT NO. 196: By: Rob Duchscher Its: Chairperson By: Bruce Endler Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this day of , 2006, before me a Notary Public within and for said County, personally appeared ROB DUCHSCHER and BRUCE ENDLER, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public 30 CITY OF EAGAN: By: Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this _ day of , 2006 before me a Notary Public within and for said County, personally appeared PAT GEAGAN and MARIA PETERSEN to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 31 Agenda Memo September 5, 2006 City Council Meeting K. APPROVE final payment to Harris Miniature Golf Courses, Inc. for the completion of Cascade Bays Captain's Course golf course. ACTION TO BE CONSIDERED. To approve the final payment for Contract #06-06 in the amount of $2,000 to Harris Miniature Golf Courses, Inc. for the completion of Cascade Bay's Captains Course golf course. FACTS: ■ Captain's Course is a 9-hole miniature golf course constructed and opened within Cascade Bay in 2006. ■ The construction of the course began June 5 and was substantially completed to open to the public by June 27. ■ Since the course has been operational for the summer without any construction issues it would be appropriate to finalize the contract and send the balance of the retainage to close out the contract. ATTACHMENTS: None 3~ Agenda Memo September 5, 2006 City Council Meeting L. APPROVE the 2006 lease between the Dakota Center for the Arts (Eagan Art House) and the City of Eagan for the premises at 3981 Lexington Avenue and authorize the Mayor to execute the appropriate documents. ACTION TO BE CONSIDERED. To approve the 2006 lease between the Dakota Center for the Arts (Eagan Art House) and the City of Eagan for the premises at 3981 Lexington Avenue and authorize the Mayor to execute the appropriate documents. FACTS: ■ The Dakota Center for the Arts has been renting the city owned house located at 3981 Lexington Avenue for a number of years. ■ The former residential home now houses various art classes offered and coordinated by the Dakota Center for the Arts in partnership with Eagan Parks and Recreation. ■ The term of the lease is January through December, is renewable on an annual basis and is consistent with leases currently held with other city owned properties. ATTACHMENTS: None Agenda Memo September 5, 2006 City Council Meeting M. APPROVE the Letter of Understanding with Health Partners to continue the Health Partners Frequent Fitness Program for eligible members of the Eagan Community Center and authorize the Mayor to execute the appropriate documents. ACTION TO BE CONSIDERED. To approve the Letter of Understanding with Health Partners to continue the Health Partners Frequent Fitness Program for eligible members of the Eagan Community Center and authorize the Mayor to execute the appropriate documents. FACTS: ■ The City of Eagan approved a partnership with HealthPartners to offer their frequent fitness program to eligible members of the Eagan Community Center in 2004. ■ The fitness program offers a reimbursement of $20 per month to participating members who meet the minimum monthly criteria for participation. ■ The HealthPartners program was first introduced in July of 2004 and there are currently over 300 participating members. ■ In addition to the HealthPartners frequent fitness program the Eagan Community Center also partners with Blue Cross Blue Shield, U-Care and Medica for a wide variety of fitness reimbursement options for its members. ■ The continuation of this program helps maintain the marketability of the Eagan Community Center in the very competitive fitness market and has been very positively received by current members. ATTACHMENTS: None 34 Agenda Information Memo Eagan City Council Meeting September 5, 2006 Consent Agenda N. APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT 2006-2007 WITH THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) ACTION TO BE CONSIDERED: To approve the Community Development Block Grant (CDBG) Subrecipient Agreement for the City's 2006-2007 CDBG Program with the Dakota County Community Development Agency (CDA). FACTS: ➢ The City Council approved the submission of the City's Application for 2006-2007 CDBG funding at its meeting of December 20, 2005, for the fiscal year commencing on July 1, 2006. The application covers CDBG eligible activities totaling $214,500 for FY 2006 and previous fiscal years activities. ➢ The action was subject to the execution of a future subrecipient agreement defining the responsibilities of the City and the CDA in carrying out the programs outlined in the application. ➢ The 2006-2007 Subrecipient Agreement has been submitted to the City by the CDA for consideration. The agreement is in substantially the same form as in previous program years. The agreement has been reviewed and is in order for consideration by the City Council. ATTACHMENTS: None. 35 Agenda Information Memo September 5, 2006, Eagan City Council Meeting 0. MODIFICATION OF CONDITIONS FOR PRELIMINARY AND FINAL PLANNED DEVELOPMENT - MANLEY COMMERCIAL ACTION TO BE CONSIDERED: To Modify the conditions of approval for Preliminary and Final Planned Development for Manley Commercial Addition to include airport noise attenuation standards, upon approximately 24.6 acres (Outlot N, Lone Oak) located south of O'Neill Drive and I-494 and West of Argenta Trail in the NE '/4 of Section 1. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The Preliminary and Final PD were approved on August 15, 2006. ➢ The site is located south of O'Neill Drive and west of Argenta Trail in the NE '/4 of Section 1. This places the subject site within the one-mile Airport Noise Buffer Zone. ➢ The school is considered a provisional use within the Buffer Zone and requires sound attenuation construction standards to achieve an interior noise reduction to 45 dBA. ➢ This condition was inadvertently omitted from the August 15, 2006 Council agenda. ISSUES: None ATTACHMENTS (1): Location Map, page31 Eagan Boundary N Right-of-way Location Map Parcel Area Park Area - Building Footprint MENDOTA HEfG :1 ~ii Subject Site 6 ~ 0 9P s. \f W ®t o > O VAMP 0 O tt a ~ ~ fl i o ° s ~ o 1000 0 1000 2000 Feet Development/Developer. Manley Commercial Addition Application: Preliminary PD, Preliminary Subd., Final PD Case No.: 01-PD-03-05-06, 01-PS-10-05-06, and 01-FD-05-05-06 Map Prepared using ERSI ArcVi w 9.1. Parcel base map data provided N Ea p n by Dakota County Office of GIS and is current as of April 2005. City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY 37 W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Agenda Information Memo Eagan City Council Meeting September 5, 2006 Consent Agenda P. SCHEDULE PUBLIC HEARING TO CONSIDER ESTABLISHMENT OF CEDAR BLUFFS HOUSING IMPROVEMENT DISTRICT ON OCTOBER 3, 2006 ACTION TO BE CONSIDERED: To approve a resolution calling for a public hearing to establish the Cedar Bluffs Housing Improvement Area and approving the Cedar Bluffs Housing Improvement Fee. FACTS: ➢ In 2005, the City Council was approached by the Cedar Bluffs Homeowners Association regarding the potential creation of a City policy for the creation of Housing Improvement Districts, which permit homeowners associations to work with cities to finance improvements to common areas that cannot be financed by other means. ➢ In response, the City Council adopted a policy on September 20, 2005 that would permit consideration of petitions and the process by which applications would be reviewed. ➢ On April 4, 2006, the City Council received the Cedar Bluffs Homeowners Association preliminary application and petition and authorized staff to request that the Association make a formal submittal of improvement plans, detailed financial plans and a fee to cover City costs associated with the detailed review. ➢ Those submittals have been made and reviewed by City staff, the City Attorney, the Dakota County CDA and Ehlers and Associates, the City's fiscal consultant. They are in order for formal consideration through the public hearing process. Resolutions have been prepared calling for the public hearing and are in order for execution by the Mayor and City Clerk. ATTACHMENTS: ➢ Review schedule on page ➢ Location map on page DRAFT August 16, 2006 SCHEDULE OF EVENTS THE CITY OF EAGAN CITY COUNCIL FOR THE ESTABLISHMENT OF THE CEDAR BLUFFS HOUSING EWPROVEMENT AREA and APPROVING THE CEDAR BLUFFS HOUSING EWPROVEMENT FEE December, 2005 City receives Housing Improvement Area application for the Cedar Bluffs Association, including a petition from at least 51 % of the owners. August 29, 2006 Association submits financial plan and completes application. September 19, 2006 City Council meets at 6:30 p.m. and calls for public hearing on the establishment of the Housing Improvement Area. September 21, 2006 Notices are mailed to owners (at least 10 days prior to hearing). September 22, 2006 Date of publication of hearing notice and map (at least 7 days prior to hearing). Publication faxed to Thisweek News on September 20, 2006 October 3, 2006 City Council holds public hearing at 6:30 p.m. on the establishment of the Housing Improvement Area and approving the Cedar Bluffs Housing Improvement Fee. Following the public hearing, City Council directs preparation of Ordinance establishing the Housing Improvement Area and the development agreement. By Oct. 10, 2006 City and Association complete Development Agreement. October 17, 2006 City Council considers and adopts the Ordinance establishing the Cedar Bluffs Housing Improvement Area effective on or after November 24, 2006. City Council approves resolution establishing housing improvement fee and approves Development Agreement. October 18, 2006 City sends summary of ordinance and resolution and notice of owners' veto rights to each owner. (Within five days of adopting ordinance and/or resolution). By Nov. 16, 2006 Copy of Ordinance sent to the Minnesota Commissioner of Revenue (within 30 days of adoption). By Nov. 30, 2006 City certifies housing improvement fee to Dakota County. December 1, 2006 Housing Improvement Area becomes effective, if there are no owner vetoes or appeals. December 4, 2006 City cancels levy for housing improvement fee if an appeal is filed. 39 Eagan Boundary Location Map Sheet Centerline Parcel Area Building Footprint f i H 4! 11 ~"F k+;-1 I ,J /~"R a1 Ga ~ Gi ~I s n i ~ I 41 1 v r a - \ EP w T 44 o d ® EE F, - EE- s Sub'ect Site C lit 0 E iEz ® ® VIII d C n J 0 14 / C, ~ ~ ~ 0 0© mm ...r Av 0 ILL ~ I E m111®mm'S i~ mJ L-7- jL ® g o _ - - - _ ----C Ito .11 e~ m 117- nw~ Ln 'a r - - 1000 0 1000 2000 Feet Cedar Bluffs Townhomes Location Map Map Prepared using ERSI AmView 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of January2005. 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 Development Department not responsible for errors or omissions. i R + n N _ 1 AOL- P , ! t r ~ i I ~ I Agenda Information Memo September 5, 2006, Eagan City Council Meeting Q. FINDINGS OF FACT, CONCLUSIONS & RESOLUTIONS OF DENIAL - VARIANCES (3220 Random Road) ACTIONS TO BE CONSIDERED: To adopt the Findings of Fact, Conclusions & Resolution of Denial of a request for a Variance to exceed 576 square foot detached accessory structure limitation for a 768 square foot detached garage for property located at 3220 Random Road in the NW '/4 of Section 12. To adopt the Findings of Fact, Conclusions & Resolution of Denial of a request for a Variance to allow accessory structures exceed the size of the principal building for property located at 3220 Random Road in the NW '/4 of Section 12 REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: ➢ At its regular meeting on August 18, 2006, the City Council directed staff to prepare Findings of Fact, Conclusions & Resolution of Denial regarding the Variances considered at the September 05, 2006, Council meeting. ➢ To maintain the principal use of the property as single family dwelling, a detached garage of no more than 373 square feet can be built on site. This size structure negates the need for a Variance. 60 DAY AGENCY ACTION DEADLINE: September 22, 2006 ATTACHMENTS (1): Findings of Fact on page ~throughJ BEFORE THE CITY COUNCIL CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Application of Michael and Jackie FINDINGS OF FACT, Holey of two variances: (1) to exceed 576 CONCLUSIONS AND square foot limit for detached garage; and (2) RESOLUTION to allow accessory structures to exceed size of principal building This matter came before the Eagan City Council at a public hearing on August 15, 2006. The Council received and considered the August 1, 2006 Planning Report; input from City staff, together with all existing files, records and prior proceedings and material as presented to the Council. Based upon all the files, records and input which were presented at the meeting, the City Council makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. Applicants are owners of property located at 3220 Random Road, Eagan, Minnesota and legally described as follows: Lot 3, Harvey Addition, Dakota County, Minnesota according to the recorded plat thereof (the "Property"). 2. The Property is designated as LD, Low Density Residential, within the City's Comprehensive Guide Land Use Plan and is zoned R-1, Single-Family Residential. 3. Section 11.60, subd. 5.13 of the Eagan City Code (the "Code") lists permitted uses within R-1 zoning districts and includes single-family detached dwellings (one dwelling per lot). 4. Section 11.60, subd. 5.13 of the Code lists permitted accessory uses within R-1 zoning districts and includes private garages and parking spaces. 3 5. Section 11.30 of the Code defines "Dwelling" as a building intended to be occupied for residential occupancy. 6. There is an existing Dwelling on the Property that measures 1,206 square feet. 7. Section 11.30 of the Code defines an "Accessory Use" as a subordinate use that is located upon the same lot on which the primary use is situated and which is reasonably necessary and incidental to the conduct of the primary or main use. 8 Section 11.40, subd. 5.C.4 of the Code restricts the amount of floor area of all detached accessory structures to 576 square feet or less, when an attached Accessory Use is present on the Property 9. There is an existing garage attached to the Dwelling on the Property that measures 832 square feet. 10. The Applicant desires to construct a 768 square foot detached accessory structure ("Proposed Structure") to be located in the southeast quarter of Lot 3, approximately 11 feet from the rear corner of the existing garage (the "Project") as set forth in Applicant's letter to the City received July 24, 2006, together with exhibits attached thereto. 11. Together, the size of the Proposed Structure and the existing garage would exceed the size of the Dwelling by 394 square feet. 12. The Applicant intends to use the Proposed Structure to accommodate his hobbies of woodworking and classic car collection, as well as storage of yard equipment and a trailer. 13. In order to construct the Project, the Applicant requested two variances, one permitting the Applicant to exceed the 576 square foot limitation for a detached accessory structure and the other to allow the total square footage of the garages to exceed the total square footage of the Dwelling. (collectively, the "Variances"). 2 14. Section 11.50, subd. 3 of the Code governs the issuance of variances. 15. Section 11.50, subd. 3.A. of the Code states that variances are granted, "where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of such Code provisions." 16. Section 11.50, subd. 3.B.3 of the Code requires the City Council to consider the following factors in reviewing a request for a variance: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of the property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from the actions of the applicant. d. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CONCLUSIONS 1. Applicant's Property is consistent with standards for R-1 zoned property. 2. Applicant's letter received July 24, 2006 does not set forth extraordinary circumstances beyond Applicant's control, which would deprive him of property use commonly enjoyed by other, similarly-situated property owners. 3 Q15 3. Granting these Variances would confer on Applicant special privileges denied to owners of other, similarly-situated property owners in the same zoning and land use districts. 4. The Project is neither reasonably necessary nor incidental to the primary use of the Property for a single family dwelling. 5. Approval of the Variances would effectively rezone the Property, changing the use of the Property from residential to a designation that allows storage as a primary use. 6. The Applicant is able to construct an accessory structure, of no more than 373 square feet, without the need for any Variances. 7. The Property retains a viable use and can comply with existing Code requirements without granting these Variances. RESOLUTION The City Council of the City of Eagan does hereby resolve that the Applicant's request for the Variances is hereby denied. Dated at Eagan, Minnesota this day of , 2006. CITY OF EAGAN By. Pat Geagan Its: Mayor By: Maria Petersen Its: City Clerk 4 4~ Agenda Information Memo September 5, 2006, Eagan City Council Meeting R. EXTENSION FOR RECORDING FINAL PLAT - EAGAN HOSPITALITY GROUP (OAKVIEW CENTER 2 ADDITION) ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record the final plat for Oakview Center 2°d Addition, located south of Lone Oak Road and north of Hwy. 55 in the NW '/4 of Section 12. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on April 4, 2006. The plat is required to be recorded within 60 days of approval. ➢ A 90-day extension was approved on June 20, 2006, to allow for completion of a Phase 2 environmental study. ➢ The applicant has submitted a letter with this request explaining the reasons for the extension. The final plat will not be recorded until closing. The applicant is exploring a new hotel franchise, Cambria Suites, for this site, and that process will need to be completed prior to closing. ➢ The current 90-day extension would allow until November 30, 2006 for the plat to be recorded. ATTACHMENTS (1): Letter from Rian Gamble, Eagan Hospitality Group, page y~ D COMFORT ,,SUITES Eagan Hospitality Group, LLC August 16, 2006 Pam Dudziak Planner, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Extension of Plat Approval for Eagan Comfort Suites Dear Pam: Please consider this request for an extension of our plat approval for an additional 90 days. We are requesting this extension because we intend to propose a new Choice Hotels International franchise Hotel for the site; the new Cambria Suites. As a result, we are extending our closing on the land an additional 90 days and need an extension on the plat approval as well. At this time, we are in the process of having the required documentation prepared for your review regarding the Cambria Suites. The plans will similar to the artist rendition I provided to you, and will conform to your comments in your e-mail dated 8-15-06. If you have any questions regarding this request, please contact me. Sincerely, Rian Gamble Eagan Hospitality Group, LLC Badger Midwest Holdings, LLC Enclosure: Check for Plat Extension Fee ($75.00) PO Box 282 255 S. Jefferson Street Waterloo, WI 53594 4e) Agenda Information Memo September 5, 2006 Eagan City Council S. PLANNED DEVELOPMENT - FENDLER PATTERSON (LOT 2, BLOCK 1, WINGS ADDITION) ACTION TO BE CONSIDERED: To approve (or reject) the request for a Modification to the conditions of approval regarding on- sale liquor in conjunction with the PD approved for a multi-tenant retail building on Lot 2, Block 1, Wings Addition in the SE'/4 of Section 10. FACTS: ➢ On July 31, 2006, the City approved a Planned Development Amendment to allow a multi-tenant retail building on this site. ➢ The PD also included approval for drive-through service, Class II restaurant uses, and 3.2 on-sale liquor. ➢ The applicant now has a restaurant tenant that desires full liquor service. ➢ The restaurant would occupy approximately 3,000 sq. ft., with a capacity of 50 seats. ➢ The current PD approval allows restaurant uses of up to 4,500 sq. ft. and not more than a total of 84 seats. ➢ The applicant has submitted a letter explaining the proposed change and describing the tenant. ➢ The tenant is proposing an operation similar to King's Buffet in Burnsville, and currently owns that establishment. ISSUES: ➢ City staff has been working on design plans for the Northwood Parkway bridge/overpass and its connection to Denmark Avenue. The latest preliminary design indicates the likelihood that additional public or private cross easements will be necessary. Additional information is contained in the attached staff memo. ATTACHMENTS (3): Letter from applicant, page 5O Site Plan and Floor Plan, page Staff memo/graphic on page through q9 Fendler Patterson FM CONSTRUCTION August 19t", 2006 Attn: Pamela Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re.- Northwood Court Liquor Approval Dear Ms. Dudziak; This project has a prospective tenant who wishes to have capability of serving full liquor at his proposed restaurant. As discussed, please find attached a floor plan sketch of the proposed space. The proposed tenant is the current owner of King's Buffet in Burnsville, MN and is proposing a similar operation in this location. They are looking for approximately 3,000 s.f. and a total of 50 seats. I would like to get this item moving forward through the required approval process discussed last week. Feel free to contact me if you require any additional information. Sincerely, Fendler Patterson Construction, Inc. John Patterson, Vice President 50 4839 West 124`h Street Savage, MN 55378 • Lic. #20011239 • Tel. 952-890-4364 Fax 952-890-2916 www.fendIerpatterson.com {IS tt P i d it A 1` . ~ ` m€ s o I R~ 1 Y ~0 Xg- li / 41 ff1 i-~_ { ! r'n Fn Y a k L J /Z' w C=D C:n - nom x 3:. m i v a ;c o 3 3 v m R ° _ f~c N ~ gf a~ a g fi s N Sf t ;3 s _ SITE PLAN 5 1 WT 2, BLACK 1, WINGS ADDITION James R. Hill, Inc. v N N° u PAVING & DIMENSIONING PLAN PLANNERS / E1~GNEERS / SURVEYORS °2 <m FENDLER PATTERSON CONSTRUCTION, INC. V -A= o .BJ9 v,LS= i].M -ET. 5-a... 1131n I I I i y 6 ° 16 I~ W will 9 4 I~ I F 4 ~ I I • I ~ I I I I I I I I le.e• I I I I I I I I I Q I I 6 I I I I 0 B I I I L':J I I I m " I I D C= I/_11 1_JU I I I I u O I I I I ~ I I I I DD ~ ~J I I I I C~ ~ O I I I I O GJ - - I I I I I I I I I I I I I I I I e I I I I I I I I I I g - - - O I I I I I I I I I I I~ I ~ Ib I r5 I, I~ a ~ Ip I' k 4 - I - Oo - - - - u O 0 5 10 20 4 mmmmmm~ `s NORTHVMD COURT „ NEW MULTI-TENANT RETAIL CENTER om° .~:a m.i aa.y ° EAGAN. MN y = c e J sb.. -C Y'Y ~1 cz LEASING PLAN z City of Eakan ma TO: MIKE RIDLEY, CITY PLANNER FROM: TOM COLBERT, PUBLIC WORKS DIRECTOR DATE: SEPT. 1, 2006 SUBJECT: PLANNED DEVELOPMENT AMENDMENT (LOT 2, BLOCK 1, WINGS ADDITION) It is my understanding that the property owner and developer of the above referenced property is processing a request to amend the current Planned Development Agreement and that this request will be considered at the Sept. 5, 2006 Council meeting. During the past 2 months, city staff has been working on the design plans for the future Northwood Parkway bridge/overpass and its connection to Denmark Ave. The latest preliminary design for this new intersection is currently located near the southwest corner of Lot 2, block 1, Wings Addition and the Byerly's store rear service entrance. Due to the configuration of this new intersection, there is a strong likelihood that additional public or private cross easements will be required from adjacent properties, including the Wings Addition development. An easement dedication was anticipated and addressed in the original staff report of July 20 as staff condition #4: "The developer shall provide a private ingress/egress easement across all of Lot 2 to allow for the possible relocation of the current access driveway to Wings Addition, if necessary With the progression and refinement of the detailed road and bridge design process, the location of a possible easement has shifted from the north side (current access driveway) to the south side. It is estimated that a triangular easement of approximately 2,900 sq. ft will be required in the southwest corner of Lot 1, Block 2, Wings Addition instead of "across all of Lot 2". The Public Works Department would also like to pursue an amendment to the current Planned Development Agreement to provide for the dedication of this easement dedication in its new location. The preliminary design of the new intersection does not impact the approved site plan, internal circulation or number of parking stalls. It will require a relocation of the existing pylon sign slightly to the north. Attached is a graphic showing the preliminary intersection design, and its relationship to Lot 2 and the Byerly's service entrance. Therefore, it is requested that previous staff condition #4 be amended for consideration as part of the planned development agreement (or any future amendments) to read as follows: "The developer shall provide an ingress/egress easement across the southwest corner of Lot 2 (approx. 2900 sq. ft) to provide for the possible relocation of the current service access driveway to the Promenade Add. " Please let me know if further details or clarification of this request is necessary for Council consideration. Enc: Northwood/Denmark preliminary design sketch ,51 A G t / LLJ ft a i W~ 4 T~ S r . a3 , ' LL~ LiJ O Q bZ i~ t. ~ N e Opt i 'tC ~ Q qtk j t •x. n. U(01- ~ x tta, u3+ _ z Agenda Information Memo September 5, 2006 Eagan City Council Meeting T. PROJECT 778, TH 149 UPGRADE, TRAFFIC SIGNAL AGREEMENT WITH DAKOTA COUNTY ACTION TO BE CONSIDERED: Approve a Traffic Control Signal Agreement for Project 778 (Trunk Highway 149 - Street Upgrade) with the Dakota County Transportation Department and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 778 provides for the upgrade of Trunk Highway (TH) 149, beginning at TH 55 and terminating in Inver Grove Heights at Albano Trail, south of Rich Valley Blvd. (Co. Rd. 71). The proposed project upgrades TH 149 to a 4-lane divided roadway, with an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • The existing traffic signal at Yankee Doodle Road (CSAH 28) and TH 149 will be revised to accommodate the new intersection geometrics. Since Yankee Doodle Road (CSAH 28) is under the jurisdiction of Dakota County, a portion of the costs for the traffic signal revisions are eligible for reimbursement by Dakota County. • An agreement between the City of Eagan and the Minnesota Department of Transportation (Mu/DOT) has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. As set forth in the agreement, Mn/DOT and the City will split the costs of the traffic signal revisions with 50% of the costs paid by Mn/DOT and 50% of the costs paid by the City. • The Dakota County Transportation Department is not a party to any agreements with Mn/DOT for the TH 149 Upgrade. Therefore, it is necessary for the City to enter a Joint Powers Agreement with Dakota County to receive payment for the County share of the traffic signal costs at Yankee Doodle Road (CSAH 28). • A joint powers agreement between the City and the Dakota County Transportation Department has been prepared providing for the cost, maintenance, and operation of the traffic signal improvements. As set forth in the agreement, the City and County will further split the City's financial share of these improvements with 50% of the costs paid by the City and 50% of the costs paid by the County. The resulting cost breakdown for the traffic signal revisions at Yankee Doodle Road (CSAH 28) is 50% Mn/DOT, 25% Dakota County and 25% City. • City staff have reviewed this agreement and found it to be similar to other traffic signal agreements and in order for favorable Council action. 53 Agenda Information Memo September 5, 2006 Eagan City Council Meeting U. CONTRACT 06-09, NICOLS ROAD AND BLACKHAWK HILLS ROAD SIDEWALK IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids and award Contract 06-09 (Nicols Road - Sidewalk), including the alternate bid (Blackhawk Hills Rd - Sidewalk) to O'Malley Construction, Inc. in the total amount of $111,115.29, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 06-09 provides for the construction of a concrete sidewalk along the east side of Nicols Road, from Pin Oak Drive to Cliff Road. Contract 06-09 also includes an alternate bid for the construction of a concrete sidewalk along the north side of Blackhawk Hills Road, from Blackhawk Lake Drive to a point approximately 500 feet west which connects the existing concrete sidewalk to Blackhawk Lake Drive. • On July 18, 2006, the Council approved Project 938 (Nicols Rd - Sidewalk Improvements) and authorized the preparation of detailed plans and specifications. • The Blackhawk Hills Rd sidewalk is a staff initiated safety improvement programmed for 2006 in the City's current 5-yr Capital Improvement Program. As such, no formal public hearing was held. Construction of this segment of sidewalk will provide a continuous, off-street sidewalk through the traffic calming "choker" (street narrowing) area that was constructed in 1999. Informational letters were sent out on July 28 to adjacent property owners informing them of this proposed improvement (contained solely in public right of way). To date, no objections and 2 phone calls of support have been received. • On July 31, 2006, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 06-09. • At 10:30 a.m. on August 31, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid and alternate bid from O'Malley Construction, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page5 ~7 BID SUMMARY Nicols Road and Blackhawk Hill Road Sidewalk Improvements City Project No. 938 - City Contract No. 06-09 Bid Date: Thursday, August 31, 2006 Bid Time: 10:30 a.m. Contractors Total Base Bid* Alt. #1 1.) Oalley Construction, Inc $ 96,622.76 $14,492.53 2.) McNamara Contracting, Inc. $ 94,771.10 $18,489.50 Pember Companies, Inc. $ 101,142.31 $18,617.99 4.) Ti-Zack Concrete, Inc $ 124,069.00 $20,954.00 Proiect 938 - Nicols Road Sidewalk Improvements - Base Bid Low Base Bid $ 96,622.76 Feasibility Report Estimate $ 109,000.00 Percent Under Estimate - 11.3% Engineer's Estimate $ 99,515.00 Percent Under Estimate -2.9% Alternate Bid 1 - Blackhawk Hills Road Sidewalk Improvements Alternate Bid $14,192.53 Engineer's Estimate $16,279 Percent Under Estimate -12.8% 55 Agenda Information Memo September 5, 2006 Eagan City Council Meeting V. APPOVE PLANS & SPECIFICATIONS/ AUTHORIZE ADVERTISEMENT FORBIDS - CONTRACT 06-08, NORTH RIDGE DRIVE & SIBLEY TERMINAL STORM DRAINAGE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 06-08 (North Ridge Drive & Sibley Terminal Industrial Park Storm Drainage Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, September 28, 2006; FACTS: • Contract 06-08 provides for the construction of corrective storm drainage improvements to address recurring home flooding concerns in the North Ridge Drive neighborhood (City Project No. 939). • On May 9, 2006, the City Council directed City staff to proceed with neighborhood meetings with affected North Ridge residents to review the proposed project, and authorized preparation of detailed plans and specifications. • On June 1 and August 16, City staff held neighborhood meetings to review and discuss the proposed improvements, potential construction impacts, proposed schedule, and needed easements for the project. Alternative designs have been incorporated into the detailed plans for bid solicitation comparison to allow the Council to evaluate the cost implications of resident requested options. Upon receipt of bids, the Council will have to select a design alternative prior to awarding that portion of the contract pertaining to this project. • Contract 06-08 also provides for the drainage improvements through the Sibley Terminal Industrial Park area near TH 13 and Terminal Drive in northwest Eagan (City Project 858). • On July 18, 2006, the City Council held a public hearing for Project 858, approved the project, authorized the acquisition of the pond easement (alternate 94) and authorized preparation of detailed plans and specifications. • Contract 06-08 also provides for maintenance improvements to the Fish Lake outlet structure, and the installation of additional catch basins to reduce street flooding on Shawnee Road. • All of the easements needed for the construction of these improvements have either been acquired from the impacted property owners or are in the final process of conveyance. • The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. 9r Agenda Information Memo September 5, 2006 Eagan City Council Meeting W. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION - CITY PROJECT 05-C ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 05-C (Pearlmont Heights) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Pearlmont Heights is a 48-lot twinhome residential development requiring the installation of public streets, sanitary sewer, water main, storm sewer, and grading, which were all performed privately by the developer under the terms and 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. 57 Agenda Information Memo September 5, 2006 Eagan City Council Meeting X. PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 778 (TH 149 Upgrade - Street Upgrade and Trail Improvements) with the owner of Parcel No. 10-15501-050- 02 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four- lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • The upgrade of TH 149 requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the easements for this property initially indicated a value of about $8,000. An offer was accordingly forwarded to the property owners. The property owners responded by providing additional detailed information regarding the full impacts of the proposed trail construction activity to their property. The impacts included an irrigation system, fencing and retaining wall. • The property, consistent with the neighboring residential properties, has significant grade changes in the back yard. Unlike the adjacent properties, the rear most 20' has been leveled for the placement of a play structure and landscaping. The proposed construction impacts requiring an easement would remove this leveled area and result in a 3:1 slope per the plans. The owners have expressed a strong desire in maintaining a level area within the backyard. • A review of the previous appraisal has indicated a likely significant increase in the value of the impact to the property due to the construction activity within the easements. In order to settle and avoid additional costs in attorney fees and commissioner's hearings, the appraiser has suggested a revised offer of $36,000 as an appropriate alternative. The property owner has consented to this offer. • As a part of an easement agreement, the owners would be responsible to construct a retaining wall on their property to limit the impacts of the trail construction. The city would avoid any future liability or maintenance issues with the placement of the wall outside the easement. The owner would also be responsible to replace the fencing and irrigation system. This proposal has been satisfactorily reviewed for FHWA and MnDOT audit compliance. • An agreement between the City of Eagan and the owners of Parcel 10-15501-050-02, Lot 5, Block 2 Bur Oak Hills 2nd Addition, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. rzt9l Agenda Information Memo September 5, 2006 Eagan City Council Meeting Y. PROJECT 926, SADDLEHORN/ SUNSET/ NORTHVIEW MEADOWS - STREET OVERLAY - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 926 (Saddlehorn/ Sunset/ Northview Meadows - Street Overlay) and schedule a public hearing to be held on October 3, 2006. FACTS: • Project 914 provided for the bituminous overlay of streets within the Saddlehorn/ Sunset/ Northview Meadows Additions area, located east of Lexington Avenue and south of Diffley Road. The street resurfacing was completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 06-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on December 5, 2005. Agenda Information Memo September 5, 2006 Z. PROJECT 927, MEADOWLAND 1ST/ BEAVER DAM ROAD/ SUNCLIFF 1sT _ 5"'H- STREET OVERLAY - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 927 (Meadowland VV Beaver Dam Road/ Suncliff 1" - 5t' - Street Overlay) and schedule a public hearing to be held on October 3, 2006. FACTS: • Project 914 provided for the bituminous overlay of streets within the Meadowland l Beaver Dam Road/ Suncliff Additions, south of Diffley Road. and west of Blackhawk Road. The street resurfacing was completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 06-03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on December 5, 2005. Agenda Information Memo September 5, 2006 Eagan City Council Meeting AA. PROJECT 932, WHISPERING WOODS, SLATER ACRES, SLATER ROAD FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: To receive the Final Assessment Roll for Project 932 (Whispering Woods, Slater Acres, Slater Road - Street Overlay) and schedule a public hearing to be held on October 3, 2006. FACTS: • Project 932 provided for the bituminous overlay of the following streets within the Whispering Woods and Slater Acres neighborhoods, as well as Slater Road, as outlined and discussed in the feasibility report: James Street, James Court, Slater Court, Storland Road and Woods Court. • This project, constructed under Contract 06-03, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on January 17, 2006. I Agenda Information Memo September 5, 2006 Eagan City Council Meeting BB. PROJECT 933, O'LEARY LN, GOLFVIEW DR, TOWN CENTRE DR FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 933 (O'Leary Lane, Golfview Drive, Town Centre Drive - Street Overlay) and schedule a public hearing to be held on October 3, 2006. FACTS: • Project 933 provided for the bituminous overlay of O'Leary Lane, Golfview Drive and Town Centre Drive south of Yankee Doodle Road, on both sides of Lexington Avenue, as outlined and discussed in the feasibility report. • This project, constructed under Contract 06-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are less than the estimate contained in the feasibility report presented at the public hearing held on December 20, 2005. Agenda Information Memo September 5, 2006 Eagan City Council Meeting CC. LOT 1, BLOCK 1 EAGANDALE CORPORATE CENTER NO.4 EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements within Lot 1, Block 1 Eagandale Corporate Center No. 4 and schedule a public hearing to be held on October 3, 2006. FACTS: • On August 16, 2006, City staff received a petition from David DeSutter, representative of the property owner of Lot 1, Block 1 Eagandale Corporate Center No. 4, Discovery Road Partners, requesting the vacation of a portion of public drainage & utility easements within this lot, north of Yankee Doodle Road and south of Discovery Road. • Public easements were dedicated as part of the Eagandale Corporate Center No. 4 plat to cover public storm sewer within Lot 4. • The purpose of the request is to allow Discovery Road Partners to construct a building addition in the area of the proposed easement vacation. • The storm sewer will be relocated and replacement easements dedicated with the building addition building permit. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS: • Location Map, page • Easement Vacation Exhibit, page. b Ri % tih'1- Y N0. S s s J LONE OAK ROAD LONE OAK ROAD `O j Proposed 0 Vacation w z 0 w Si Y J z 2 $ O o a r cr 3 > w v Y_ YANKEE DOODLE ROAD o w a o 0 z x w J ESCOTT RD D ui Q J PAW RD. Z 0 Z \ z x w J DIFFLEY ROAD DIFFLEY ROAD --F Lot 1, Blk. 1, Eagandale Corporate Center 4th Add. Proposed Easement Vacation 8/30/06 Location Map City of Eagan I (Pq I I 14,- -'*35'58!'w 19 1.9 3 276.78--, 3 _ r 0. 145,86 355'58" E f 5Fr x(82`35"58"E&0- 10 01 w ° 8/T±~,` N20. ~32 114 FgSE p BE VACATED q TED t ~u~ 1 r r+ r~ C0`,._ co 40 ~ C3 1`Lq j y 1 e ~ .r o30, V, Pea mated-`. QY CD =E cotj ° ' it, ne 4 Agenda Information Memo September 5, 2006 Eagan City Council Meeting DD. LOT 2, BLOCK 1 EAGANDALE OFFICE PARK 5TH ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easements within Lot 2, Block 1 Eagandale Office Park 5th Addition and schedule a public hearing to be held on October 3, 2006. FACTS: • On August 25, 2006, City staff received a petition from Scott Soukup, representative of the property owner of Lot 2, Block 1 Eagandale Office Park 5t Addition, JBL Companies, requesting the vacation of a portion of public drainage & utility easements within this lot, east of Pilot Knob Road and south of Corporate Center Drive. • Public easements were dedicated as part of the Eagandale Office Park 5th Addition plat to cover public ponding and storm sewer. • In subsequent work on the development, the developer's land surveyor discovered a dimension error in the easement's legal description. • The purpose of the request is to remedy the error in the legal description. • Replacement easements, with the correct legal description, will be dedicated in concurrently with this vacation. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS: • Location Map, page . • Easement Vacation Exhibit, page ~S . MEND 0TA HEIGHTS INTERSTATE //494 s ByE GE Q CORPORATE CEN CID 1~ V O ~ T~ P T /f' = Proposed Q Vacation " SS LONE OAK ROAD LONE OAK ROAD O uj )011> 0 / z z 0 o o z J W CL J YANKEE DOODLE ROAD uj. L O 0 z x W J ~J ESCOTT RO D LLI Q J PAW N0. Z 0 0 x W J Lot 2, Blk. 1, Eagandale Office Park 5th Add. Proposed Easement Vacation 8/30/06 City of Location Map Y Eagan V~ N89 °59'37"E - 290.02 - 8^W 2 4 i. 6~~ O 'N3j 6~ " , wO Q F~Fpf p~ F40;;P~4F 4 4 % U a o 8.op~ Ty 2 m n pe( p pk O CL b _j o D W • 5094.-d, c : . .as'is . . . . ~ 18. `~~.fl• 0 0 N NG3!2,V53 W . . . . . . . Z Q f7 ZI............. LU _j -9 ' Ul. Ed g2 _P -Va c~° e?y 43.26 N89°52'16"W tiSS2? ,j 0 6 N. Lam. - r L EA ~$N ~A t\ /V A L v 44 p s 21-1 N C fi ~oP., r r T~ o`:... 8. o~~ V 1 F7 z I ~~o i~ 6 #4 J kry T 0 o ryPO G T ~ F h d~ ~S ?app 4j 0 n ~~hk 3yti 6 P C / ~ K\ 1;.i J Q ~ U 1n Agenda Information Memo September 5, 2006 Eagan City Council Meeting EE. RESOLUTION IMPLEMENTING INFLOW/INFILTRATION REDUCTION PROGRAM ACTION TO BE CONSIDERED: Approve a resolution implementing an Infiltration/Inflow Reduction Program and authorize the Mayor and City Clerk to execute said resolution. FACTS: • The Metropolitan Council, through its Environmental Services division (MCES), owns and operates 8 wastewater treatment plants and an extensive interceptor sewer system serving over 100 communities in the 7 county metropolitan area. The capacity of the regional treatment plants and interceptor system has been designed to accommodate the projected flows from existing and future development within its service area. Excessive flows resulting from uncontrolled storm water runoff inflow and/or ground water infiltration (I&I) uses the limited excess capacity reserved for future growth and overburdens treatment facilities with otherwise clean water. The MCES has estimated that it would cost approximately $900 million to expand the regional system (plants and pipes) to accommodate the current excessive flows in the metro area. • The MCES has estimated that it would only cost approximately $150 million if I&I were eliminated at its source of entry into the local community's sewer system. Subsequently, the MCES has implemented an VI Surcharge Program to provide financial incentives/penalties for local communities identified with excessive UI flows to implement appropriate measures to identify and eliminate their excessive flows at the source. Based on the results of the storm event of October 5, 2005, the City of Eagan has been identified as one of those communities with excessive flows that must implement a formal UI program. • Based on calculated excessive flows from the Oct '05 event, the City of Eagan's share of the metropolitan UI problem has been calculated at $2,110,500. The MCES Surcharge Program requires the communities to either pay this amount to the MCES via increased sewer billings over the next 5 years (2007-2011), or commit to spending a similar amount implementing an effective local I/I program to remove the excessive flows at their source. This amounts to an annual obligation of $422,100 per year. • Communities have the option of paying this annual obligation directly to the MCES through increased annual invoices, or passing a resolution committing to spending up to this amount in a local I/I program. Staff has initiated an I/I study to investigate the source of the local excessive flows, but it is not anticipated to be completed until early to mid 2007. In the interim, staff is recommending that the Council pass the attached resolution to avoid having to prepay the surcharge while the study is underway. ATTACHMENTS: 0 • Resolution, page V CITY OF EAGAN RESOLUTION MCES INFLOW/INFILTRATION SURCHARGE PROGRAM WHEREAS, sanitary sewer effluent from the City of Eagan is treated by the Metropolitan Council Environmental Services (MCES) as part of the Metropolitan Disposal System, and WHEREAS, the Metropolitan Council has adopted an Inflow and Infiltration (I/I) Surcharge Program to reduce the impact of UI on the wastewater capacity of their system, and WHEREAS, the Metropolitan Council has identified a preliminary 2007 UI surcharge amount of $422,100 for the City of Eagan, and WHEREAS, the City has initiated an UI Study and other I/I reduction steps that will not be completed until 2007, and WHEREAS, for 2007 only, Section 4.2.7 of the MCES Inflow/Infiltration Surcharge Procedure Manual dated January 2007 allows for a Surcharge Adjustment Based on a community submitting a Council resolution that implements an UI reduction program and commits the community to spend funds in the amount of the 2007 surcharge, and WHEREAS, Section 4.2.7 allows the City to obtain credit for UI reduction work to be done in 2007 without specific projects defined at the time of the resolution, NOW THEREFORE BE IT RESOLVED, the City of Eagan commits to spend City funds in an amount equal to or greater than $422,100 in 2007 on applicable UI reduction per the MCES procedure. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution as duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5c" day of September, 2006. Maria Petersen 10 Agenda Information Memo September 5, 2006 Eagan City Council FF. FINAL SUBDIVISION AND FINAL PLANNED DEVELOPMENT (RED PINE CROSSING) - REVESTORS, INC. ACTION TO BE CONSIDERED: To approve a Final Subdivision (Red Pine Crossing) to create two lots and a Final Planned Development to allow three commercial retail buildings on approximately 9.82 acres located south of Red Pine Lane and east of Hwy. 3 in the SE 1/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision and Preliminary Planned Development were approved April 4, 2006. ➢ All documents and Agreements are anticipated to be in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, pagel2L sgo «c c H~ a fl i ~ }}7~}~~~~ ~ o W ~ ~ ~ c> "g Pit P Y 8 i 3 a ; & 8 8 8 Q1 O o$a °a ~ag`o G °y r- o~ V s a 8 E_ • 8~ °g og ~ £~sg ~ ~ 8 3 r eQ B a - ,E o$a z` iu s= ~H •_g s t~_ ~ ~ ~ E $'s`o U 5 'cy"zS Eli yp ~za ¢o ~ ~ r~ s•Y$ ~e a e? aU i • S `o f 1nho I DO.OBL M .BQON Y a' °o rr aura !a ° Q j 1 to+~ RR y I: v~ Q ~ ! J+ e 1 ~I~ ~ ~ / 8E ~ li b 1 F•. i ~ 10 d ~ ~ I JAI \ ii I N ' WA*a \ gT ~ syT / Fi ~ S \ ~`Ik, Z \ YRY y \ 3L 4 O s 4 ~ ~ S t SS I _ gy S^~ 7-2 a - =5+ o c$ e C I _ ~ _ € ` ~ E R Y I - c '(Z aww•t §f aeeiut , ~ z 3s ' N Y= 8 a a r F I_ z aw°"ro Isnurws «n w .uw Agenda Memo September 5, 2006 City Council Meeting GG. 2007-2011 Parks and Recreation CIP. ACTION TO BE CONSIDERED. Approve the 2007-2011 Parks and Recreation CIP as presented. FACTS: ■ One of the primary responsibilities of the APrC is the annual preparation and updating of the Departmental Capital Improvement Plan. The CIP serves as a blueprint and planning guide for park projects. Projects included in the CIP must be either a park development or improvement project. Funding for the CIP comes from the Park Site Fund, which consists primarily of money collected from developments at the time of platting in lieu of a dedication of land. ■ The CIP review for 2005 and 2006 was focused only on each specific year pending the completion of the 20/20 Vision process, however the City Council directed the APrC to resume its review of capital improvement projects in 5 year increments when addressing the needs for 2007 and beyond. ■ The new 20/20 Vision has been a guide to assist the APrC in reviewing the priorities and needs for capital expenditures for 2007 as well as the longer range planning through 2011. ■ Historically the APrC has submitted to the City Council a CIP that consists of the current or "active" year (2007) and projections for the next five years (through 2011). To allow sufficient time for implementation, the current or active year of the CIP is generally considered to be final while all other years are subject to change as part of future reviews. ■ As in previous CIP's the 2007 proposal also includes two line item allocations that are renewed on an annual basis as needed. These are the land acquisition "opportunity" fund, which would be used to help acquire priority open space should it become available, and the "small projects" fund, which is used to complete smaller, unanticipated, capital projects or to help leverage additional financial assistance from an association or alternative funding source. These funds remain in the account for reallocation if not spent in that given year. ■ At its July meeting, the APrC unanimously approved a CIP recommendation for 2007-2011 and presented it to the Council for consideration at a workshop session on August 29, 2006. ■ The Council/APrC workshop included review and discussion of the overall Park Site Fund and how that might be sustained when there were no longer dedication dollars available. The City Council charged the APrC with the task of looking further into future funding options but asked that the review separate acquisition from park development. ATTACHMENTS: -1 L) • List of 2007 CIP projects, Page • List of 2007-2011 CIP projects, Pages. • Activity Summary of Park Site Fund, Page 13 2007 CIP project summary • Patrick Eagan Park Phase 1 of the implementation of the new Master Plan, primary focus most likely to be trail improvement, erosion mitigation and signage. • Playground Development (3) Continuation of the ongoing rotational installation program. Candidate sites include Skyhill, Captain Dodd and Bridle Ridge Parks. • Holz Farm Continuation of the ongoing implementation of the Master Plan • Thresher Fields Construction of a restroom/storage building and pavilion adjacent to the athletic fields. • Oak Chase Park Continuation of the ongoing rotational change of existing tennis courts in neighborhood parks. • Rink Upgrades Continuation of the ongoing rotational change of rinks at skating sites. • Signage System Upgrade First phase of the installation of new entrance signage, beginning with neighborhood parks • Small Projects Funding for opportunities and need • Acquisition Funding for acquisition opportunities %14 °C °o CD °o 0 0 C 0 C 0 C 0 0 000 0 00 ~n oven O, oo, N M V1 M O N A N ~N69 ~N W W 69 + 69 69 + 69 d II II II II E: d o ~ o ~ W >ai 0 o o In ~6 d d a w ~ ~zWo E"' W zAa L o ° o wz~~ o W a ow° R P6q a H a z °a w ~W p-d afa ¢ ¢ d as ¢ d ~ladd w a~ ~a ~z a a a a a zv~aa Z w 0-4 O oo~ 00 0~0~0~0-~0 000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~..I A o00 00 0000 00000 0000000000 O CD vi O O O O N O O O O O O O ~A F+~1 W O vl v', N O M 6q M 1f~ O_ N O M M M M N ~7 r!~ Q's 69 69 Os fij 69 6 69 GS 69 roq 69 69 69 69 69 ~O aUU W ~U 0 o c N p.~ F rr O y s O LL t` O F 0- 0~ ~ O a. o ~ o ~ o Eh 0 0 CA r4 Oa. 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U Ea. xx~ E o b a O o U o V v] C O a O o aaw a° 0U N3' ° a 0 CA a) wa >o'>V Akw~o°~ iao S'>V 46 H ai OaaZr~OZoG[- xv~v~a4rs:rn wZ~t~Hw~id cy 0 N m v~ l~ --N m ~ to 1.0 N N M vi N o°~o N F Z00 C7 tY~ Year End PART III PARKS CAPITAL IMPROVEMENT PROGRAM Cumulative SUMMARY Balance December 31, 2005 Fund $ Balance 2,310,000 Estimated Revenues Appropriations 2006 $ $ 330,000 400,000 Estimated Balance 12-31-06 $ 2,240,000 2007 2011 Capital Improvement Program: 2007 $ $ $ 300,000 750,000 1,790,000 2008 300,000 245,000 1,845,000 2009 250,000 255,000 1,840,000 2010 200,000 170,000 1,870,000 2011 $ 200,000 185,000 1,885,000 2007 2011 CIP Total $ $ 1,250,000 1,605,000 Potential Land Acquisition(s) $ $ 650,000 1,235,000 Agenda Information Memo September 5, 2006 Eagan City Council Meeting VI. PUBLIC HEARINGS A. VARIANCE - ERIC DRENCKHAHN ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) Variance to exceed the number of allowed detached accessory buildings located at 2811 Pilot Knob Road; subject to the conditions listed in the staff report. To approve (OR direct findings of fact for denial) Variance to exceed the allowed square footage for detached accessory buildings located at 2811 Pilot Knob Road; subject to the conditions listed in the staff report. To approve (OR direct findings of fact for denial) Variance to allow a 192 square foot accessory structure that does not have finish materials, roof pitch or roof style similar to that of the principal structure located at 2811 Pilot Knob Road; subject to the conditions listed in the staff report.. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present. FACTS: ➢ The applicant is requesting Variances to the accessory building code for three existing accessory buildings, which are used as pigeon lofts, prior to submitting an application for a pigeon permit. The structure Variances do not deal with the number of pigeons at the site or with the pigeon harboring permit. ➢ City Code requires that no building permit shall be issued for more than two detached accessory buildings for each single family dwelling. ➢ City Code requires that when an attached accessory use is present on the site, the total floor area of all detached accessory structures shall not exceed 576 square feet ➢ City Code requires that accessory buildings greater than 150 square feet in size shall exhibit finish materials similar and compatible to those utilized on the principal building and match the principal building in color. ➢ City Code also requires that the roof of all detached accessory structures 150 square feet or larger to match the pitch and style of the principal structure. ➢ The house and attached garage, detached garage, and three pigeon lofts create lot coverage of 4%. 60 DAY AGENCY ACTION DEADLINE: Deadline is September 27, 2006 ATTACHMENTS (1): Planning Staff Report pages8othrough_N -7q PLANNING REPORT CITY OF EAGAN REPORT DATE: August 24, 2006 CASE: 04-VA-17-08-06 APPLICANT: Eric Drenckhahn HEARING DATE: September 5, 2006 PROPERTY OWNER: Same APPLICATION DATE: August 5, 2006 REQUEST: Variances PREPARED BY: Mary Granley LOCATION: 2811 Pilot Knob Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R- 1, Single-Family Residential SUMMARY OF REQUEST The applicant is requesting approval of Variances for property located at 2811 Pilot Knob Road, in the SE '/4 of Section 4 to allow: ➢ Four detached accessory buildings ➢ Accessory buildings exceeding 576 square feet ➢ An accessory building larger than 150 square feet that do not have a roof pitch, roof style, or finish materials that match the principal structure. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.5 0, Subdivision 3 states that the City Council may grant a variance from the strict application of the provisions of the applicable Code provisions and impose conditions and safeguards in the variance so granted where practical difficulties or particular hardships result from carrying out the strict letter of the regulations of such Code provisions. The City Council may approve, approve with conditions or deny a request for a variance and shall consider the following factors: A. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of the property have no control. B. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Planning Report - Drenckhahn Variance September 5, 2006 Page 2 Code. C. That special conditions or circumstances do not result from the actions of the applicant. D. That granting of the variance requested will not confer on the applicant any special privilege D. that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. E. The variance requested is the minimum variance which would alleviate the hardship. F. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Chapter 11, Sec. 11.40, Subd. 5.A.2 states that "Accessory buildings greater than 150 square feet in size shall exhibit finish materials similar and compatible to those utilized on the principal building and match the principal building in color". Sec. 11.40 Subd. 5.C.2 states "No building permit shall be issued for more than two detached accessory buildings for each single family dwelling". Sec. 11.40 Subd. 5.C.4 states "When an attached accessory use is present on the site, the total floor area of all detached accessory structures shall not exceed 576 square feet". Sec. 11.40 Subd. 5.C.7 states "The roof of all detached accessory structures shall match the pitch and style of the principal structure". BACKGROUND/HISTORY The property is zoned R-1, Single Family Residential and has a Comprehensive Guide Plan land use designation of LD, Low Density residential. EXISTING CONDITIONS The 1.93 acre property is located on the northwest corner of Pilot Knob Road and Highview Avenue. The property contains an existing single-family residence on the east side of the site that was constructed in 1952. An attached garage and shop was added in 1960; the shop has since been converted to a porch entry area. A detached garage was added in 1980. SURROUNDING USES The site is surrounded on the south, east and west sides by single-family uses, zoned R-1, Single- family residential and guided LD, Low Density. To the north of the site is Children's Therapy, zoned Neighborhood Business, with an office/service use. at Planning Report - Drenckhahn Variance September 5, 2006 Page 3 EVALUATION OF REQUEST The applicant is requesting quantity, area, and design Variances for existing accessory buildings. The applicant is seeking to obtain the Variances prior to submitting a pigeon permit application. The four detached accessory buildings are 96, 144, 192 and 576 square feet in area, totaling 1008 square feet. The one attached accessory building is 672 square feet. uanti - There are five accessory buildings on the site. One detached and one attached accessory building are used as storage of vehicles, yard maintenance equipment, and household items. Three detached accessory buildings are used as racing pigeon lofts. - t4 ~y, ✓ Y 4 I t _ City Code requires a building permit be issued for any accessory building greater than 150 square feet in area. A building permit was issued in 1960 for the attached 672 square foot building, and in 1980 for the detached 576 square foot building. A building permit has not been obtained for the existing accessory building measuring 192 square feet in area. City Code states that no building permit may be issued which would result in more than two detached accessory buildings on the site. Area - The attached accessory building is a 672 square foot garage. The total floor area of all detached accessory buildings is 1008 square feet. City Code states when an attached accessory building exists, the total floor area of all detached accessory structures shall not exceed 576 square feet total. Desi n - The principal dwelling is sided with brick and wood. The attached garage is constructed of painted cinder block and sided with vinyl siding. All surfaces of the home and garage are taupe in color with white trim and a brown roof. The detached accessory building is board and batten construction, taupe in color with a brown roof. The three detached accessory buildings used for the housing, care and training of pigeons are sided and roofed with white corrugated steel. The corrugated steel is a commercial building material that does not require painting. Each building is set on blocks and has white plastic Planning Report - Drenckhahn Variance September 5, 2006 Page 4 lattice trim surrounding the base of the structure. One roof is thatched with string to prevent pigeons from settling on the roof. Two of the accessory buildings have porches, with floors, screened sides and roofs, with a screened trap entrance area for the birds. Finish materials, color, roof pitch and roof style do not match the principal building. All buildings meet setback requirements of 30 feet from the front yard or right-of-way, and 5 feet from the side and rear property lines. Lot coverage is 4% with all the existing buildings. City Code allows up to 20% maximum lot coverage. SUMMARY/CONCLUSION Eric Drenckhahn is requesting approval of Variances for property located at 2811 Pilot Knob Road, in the SE '/4 of Section 4 to allow: ➢ Four detached accessory buildings ➢ Accessory buildings exceeding 576 square feet ➢ An accessory building larger than 150 square feet that do not have a roof pitch, roof style, or finish materials that match the principal structure. The applicant is seeking to obtain the Variances prior to submitting a pigeon permit application. ACTION TO BE CONSIDERED To approve (OR direct findings of fact for denial) Variance to exceed the number of allowed detached accessory buildings located at 2811 Pilot Knob Road; subject to the conditions listed below. To approve (OR direct findings of fact for denial) Variance to exceed the allowed square footage for detached accessory buildings located at 2811 Pilot Knob Road; subject to the conditions listed below. To approve (OR direct findings of fact for denial) Variance to allow a 192 square foot accessory structure that does not have finish materials, roof pitch or roof style similar to that of the principal structure located at 2811 Pilot Knob Road; subject to the conditions listed below. 1. A pigeon permit application will be made within 30 days of the approval of these Variances. If denied, the accessory buildings currently used for pigeon lofts will be removed from the site within 30 days, and additional accessory buildings will not be constructed on the site. 2. If a pigeon permit is not obtained on a yearly basis, the three detached accessory buildings currently used for pigeon lofts must be removed within 30 days of expiration of the permit, and not replaced with any additional accessory buildings. 0 -2 U we Planning Report - Drenckhahn Variance September 5, 2006 Page 5 3. No additional pigeon loft space may be created within any other existing accessory building on the site. 4. The site is subject to periodic inspection by building, code enforcement, animal control or health department staff. 5. A building permit must be obtained for the 192 square foot accessory building. Any applicable electrical permits will be obtained from the state. All building and electrical code requirements shall be met. 6. The site shall stay in compliance with all other City Code requirements. Eagan Boundary / / Right-of-way Location Map L~ Parcel Area Park Area - Building Footprint lwrrunTC uwr..o. aes r` D Sub-ect Site , .r JIM 161 oil t Ila IL a' . :y. ~ it ~ N t f ~ • • r till I v 'V 0 f e k Irg•~s I i ♦ 1 /1 /71 d If an aa[-~~ 1 1 t+1~ a ,1 f rl ~ a w ~ . a I s + ♦ to • r fore - - .1-0 r • E 1 ■ 1 C)IJ eta * . . ~r wrw.~,m ,r ♦ or ~r 1000 0 1000 2000 Feet Development/Developer.. Eric Drenckhahn Application: Variance Case No.: 04-VA-17-08-06 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N pnq by Dakota County Office of GIS and is current as of April 2005. y of Eagn THIS MAP IS INTENDED FOR REFERENCE USE ONLY 85 W-+ E GG The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. t I I' I I +a 1 Ire , F ~ i# X xx h ' l " ' I - i k- r i b ~A r , A r 0 City of Eagan Variance Submittal for 2811 Pilot Knob Rd Legal Description Lot 1 Highview Acres Property Identification Number (PID) 10-32880-010-00 Written Narrative Comprehensive Guide Plan Designation of Property R1 - Residential Low-density single-family housing. Zoning classification • Existing: R-1 • Proposed: R-1, no change is requested. Variance Proposal: To allow several exceptions to the current city codes regarding accessory buildings. • Allow up to four accessory buildings. • Allow more than 576 square feet for total accessory building square footage. Up to an additional 576 square feet is requested. • Allow more total square footage in accessory buildings, attached garage, and detached garage than foundation size. • Allow exception to City code (Sec. 11.40 subd. 5.A.2) that requires materials and color matching to principle building. Pigeon races are extremely competitive, special building designs are necessary for maximum efficiency in training, care and racing. The current buildings have been designed with this functionality in mind. Buildings are approximately 190' away from principle building and are surrounded by trees. • To allow the housing of up to 125 pigeons. Other Criteria to be used in evaluating this variance proposal Three racing pigeon lofts will/have been built over the past several years and a variance is necessary to comply with City Code regarding accessory buildings. The buildings have been built for the efficient housing, care and training of pigeons for the specific purpose of racing them. All buildings currently constructed have a foundation size of less than 150 square feet. Current city code (Sec. 10.12 subd. E. L(a)) allows for up to 576 square feet of pigeon lofts. All setback provisions of the city code have been complied with. Lofts are a minimum of 5' from side, 5' from back and 30' from front yard or right-of-way per (See. 11.40 subd. 5.A.C). All buildings are structurally sound and maintenance free. Both siding and roofs have utilized 50-year warranty materials and are aesthetically pleasing. 8/5/2006 RECEIVED AUG 0 7 26Mf3 11 - F)7 City of Eagan Variance Submittal for 2811 Pilot Knob Rd Currently, the property is designated by the city as `Residential Underutilized' on the "Vacant and Underutilized Residential Guided Land (8/19/1999). At some point in the near future, the property will be subdivided and accessory buildings will be removed to allow for development. Any variance granted for this purpose would not in actuality be permanent. The additional accessory buildings are temporary in nature. Buildings have block foundations. The use that is proposed is the same as is currently being used. Property is slightly less than two acres. Lot size, according to Dakota County, is 280' x 300' or 84,000 square feet. It is roughly the size of seven regular-size lots in other areas of Eagan. Some of the existing accessory buildings have been on property for over 10 years. If property was subdivided, seven properties with a standard lot size (12,000 sq could be developed on this lot footprint. A total of 4032 square feet of accessory buildings (7 x 576') would be allowed by city code, over seven times this request. With the requested additional accessory buildings square footage, the total lot coverage of all buildings (including house, attached garage, detached garage, and accessory buildings) is approximately 4%. Existing City code (Sec. 11.60 subd. 5.E) allows up to 20% lot coverage. There have been no complaints to date. The neighbors enjoy the races and birds exercising and training. Existing Land uses on Property The existing land use is a Residential Family dwelling, zoned Single Family (D-1/LD) Surrounding land uses and Zoning within 660' Current land use per "Current Land Use Guide Map, 712211999" is as follows: Immediately to the north is zoned Commercial Planned Development (CPD). This has mostly been developed into office space. The area immediately surrounding the property to the west, South and East, is Single Family (D-1) There are also areas of Public Facilities (PF) with Lost Spur County Club, Park (P) with Highview Park and various Research and Development (RD) buildings. Current land zoning per "Comprehensive Plan Land Use Map, 212012001" is as follows: Immediately to the north is zoned Office Service (OS). The area immediately surrounding the property to the west, South and East, is Low-Density (LD) There are also areas of Park and Recreational Open Space (P) with Lost Spur County Club, Park (P) with Highview Park and various Business Park (BP) buildings. 8/5/2006 195 RECEIVED Aa "1f(l06 City of Eagan Variance Submittal for 2811 Pilot Knob Rd Site Plan Children's Therapy Center Privacy Fence AMP' Approx 240, - 1101- aX Apr o o+70 01 o X N N V 24x28 } Garage t ! 14 x28 Driveway! i{ 24x24 APProx 85' Entry Parking 50 z 28 C Man House 7A~ i Highview Ave Approximate Scale 1" = 40' N Total Lot Square Footage = 84,000 Total Square Footage of All Buildings = 3,456 Total Accessory Building Square Footage = 992 Percent Coverage = 4.11 % All setback requirements have been met RECEIVED AUG 0 7 2006 8/5/2006 3 of 3 Agenda Information Memo September 5, 2006 Eagan City Council Meeting B. HIGHVIEW PARK ADDITION - EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing and continue the public easement vacation for formal consideration with the Final Plat for the Highview Park Addition. FACTS: • On July 21, 2006, City staff received a petition from Gloria Fritz, property owner of Lots 2 & 3, Block 1 Highview Park Addition, requesting the vacation of public drainage & utility easements within those lots, south of Highview Avenue and west of the intersection of Pilot Knob Road and Highview Avenue. • The petition submittal coincided with the final subdivision approval process for the Heritage of Highview development. • On July 31, the City Council scheduled a public hearing to be held on September 5 to consider the petition to vacate a portion of said easements. • 10' wide easements were dedicated as part of the Highview Park Addition plat as the typical side lot easements for drainage and utility purposes, and to cover utility service across Lot 2 to the existing house on Lot 3. • The purpose of the request is to allow Ms. Fritz to subdivide the properties into four single-family lots as part of the Heritage of Highview Addition. The proposed final subdivision approval will be presented to the City Council at a future Council meeting. Typical 10' wide side lot easements for drainage and utility purposes will be dedicated as part of the new plat. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No 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 favorable Council action. ATTACHMENTS- • Location Map, page _qL. Q' • Easement Vacation Exhibit, page I&W. QV 1 MENDOTA HEIGHTS INTERSTATE //494 Proposed Easement Vacation 0 . 0 0 z =O 0 ~ LONE OAK ROAD S~ d Z 2r > Q J 0 r\n Z iLp~j z w 1(~ J 3d 3 YANKEE DOODLE ROAD YANKEE C ~P~ Qom. spy OQ'~N e~ek~K'K SILVER BELL RD. (qKE W = Q L) l~RS~PC ZO wanMV aw 0 DR oRK ~.r1 Z OED X W I DIFFLEY ROAD DIFFLEY ROAD Lots 2 & 3, Blk 1, Highview Park Addition City of Eap Proposed Easement Vacation 7/27/06 Engineering Department Location Map 9) 1 EXHIBIT DRAINAGE AND UTILITY EASEMENT VACATION l I1/11 It It[-IA/ At /[:-All IC- r71t7r7VIL_YV /-I V L_I VVL N89'51'04"E 245.06 ,1$0.0585;00 1D ---DRAINAGE AND -U j, ,p' EASEMENT PER PLAT JJJ is ;ate / I'"I rn ";9 DO '1 04 O N N N (V O O O O Z (,1 1, 11 A, 1 '1 r c o" J fL DhAINAGf AND UTUT`/ T T .'EASEMENT PER PLAT 10.06 ' 65.00 S89'51'04"W 245.06 The drainage and utility easements dedicated in the plat of HIGHVIEW PARK ADDITION, on Lots 2 and 3, Block 1, of said addition, according to the recorded plat thereof, Dakota County, Minnesota. I v DENOTES DRAINAGE AND UTILITY EASEMENTS TO BE VACATED W E S I so so 90 RECEIVED JUL 19 2006 SCALE IN FEET Anderson Engineering of Minnesota, LLC C I V I L E N G I N E E R I N G A N D L A N D S U R V E Y I N G 10924VACATEDU 13605 1ST AVENUE NORTH, SUITE 100, PLYMOUTH, MN 55441 TEL (763) 383-1084 FAX (763) 383-1089 Agenda Memo September 5, 2006 Eagan City Council Meeting NEW BUSINESS: A. Certification of the preliminary 2007 budget and property tax levy and setting of Truth-in- Taxation hearing dates. ACTIONS TO BE CONSIDERED: • To approve the preliminary payable 2007 property tax levy as follows: General Revenue levy: General Fund $19,067,200 Major Street Construction Fund 1,247,812 Equipment Revolving Fund 905,440 General Facilities Renew/Replace Fund 134,010 MVHC/DCC Capital 950,100 Subtotal - General Revenue levy 22,304,562 Community Center bonds debt service 1,198,523 Cedarvale Special Services District 3,000 Total levy $ 23,506,085 • To approve the preliminary 2007 General Fund expenditure budget, including contingency, of $25,354,200. • To set the initial Truth-in-Taxation hearing date for Monday, December 4, with a continuation hearing date (if necessary) of Monday, December 11. FACTS: • The City Council is required by law to certify the proposed payable 2007 property tax levy on or before September 15, 2006. The levy can be subsequently decreased, but not increased. • The City Council reviewed the proposed budget and levy at a special meeting on August 22. • The above levy differs from the levy presented in the August 22 packet information as follows: o It includes a levy for the loss of the Market Value Homestead Credit (MVHC) of $950,100 (to be used for DCC capital costs, if MVHC is actually paid by the state) o It excludes a levy for Communication of $202,845 o It is therefore higher in total by $747,255 The attached memo provides further explanation and rationale for this option and other levy options the Council may consider. • The General Fund budget figures above are the same figures presented at the special meeting, and are not impacted by the amended levy. • The County will use the certification information to mail Truth-in-Taxation notices in late- November. • Both the budget and levy will be reviewed again prior to final adoption in December. G3 Agenda Memo September 5, 2006 Eagan City Council Meeting • Truth-in-Taxation hearing dates were reviewed at the August 22 special meeting. • Changing the date of the first City Council meeting in December is not necessary as the meeting was already scheduled for Monday, December 4 at the beginning of the year in anticipation of Truth-in-Taxation. ATTACHMENTS: • The preliminary 2006 General Fund expenditures budget summary is enclosed on page. • A memo prepared by Director of Administrative Services VanOverbeke addressing levy options is attached on pages J&gthrough 1 8/30/2006 2007 Comparative Summary of Expenditures General Fund Budget 2005 20067] 1 2007 Difference 07 vs.06 Budget Actual Budget Proposed Amt % GENERAL GOVERNMENT 01 Mayor & Council $ 112,577 $ 121,900 $ 127,500 $ 5,600 4.6% 02 Administration 532,276 502,100 484,000 (18,100) -3.6% 03 Information Technologies 1,135,655 1,060,000 1,141,400 81,400 7.7% 04 City Clerk 225,887 294,900 229,000 (65,900) -22.3% 05 Finance 821,927 900,400 955,200 54,800 6.1% 06 Legal 478,504 400,700 458,000 57,300 14.3% 07 Comm Dev--Planning/ED 820,341 813,900 873,400 59,500 7.3% 08 Comm Dev--Inspections 925,919 999,300 906,300 (93,000) -9.3% 09 Communications 401,639 394,500 452,800 58,300 14.8% 10 Human Resources 231,800 240,500 241,900 1,400 0.6% Gen Govt Total 5,686,525 5,728,200 5,869,500 141,300 2.5% PUBLIC SAFETY 11 Police 8,778,306 9,334,500 9,832,600 498,100 5.3% 12 Fire 1,100,821 1,218,500 1,541,700 323,200 26.5% Public Safety Total 9,879,127 10,553,000 11,374,300 821,300 7.8% PUBLIC WORKS 21 Public Works/Engineering 1,206,353 1,315,900 1,138,900 (177,000) -13.5% 22 Streets 1,412,796 1,454,000 1,617,400 163,400 11.2% 24 Central Svices. Maint. 441,541 485,900 531,800 45,900 9.4% Public Works Total 3,060,690 3,255,800 3,288,100 32,300 1.0% PARKS & RECREATION 31 Parks & Recreation 3,246,188 3,429,000 3,678,800 249,800 7.3% 32 Tree Conservation 386,240 408,400 464,100 55,700 13.6% Parks & Rec Total 3,632,428 3,837,400 4,142,900 305,500 8.0% GENL GOVT BLDG MAINT 33 Building Maintenance 647,788 616,200 639,400 23,200 3.8% Total Expenditures- General Fund 22,906,558 23,990,600 25,314,200 1,323,600 5.5% 41 Contingency--undesignated - 26,900 40,000 13,100 48.7% Transfer Out 1,575,000 - - - Total Expenditures + Contingenc $24.481.558 $ 24.017.500 $ 25.354.200 $ 1.336.700 5.57% /11 Li 401~ City of Eapn ma To: City Administrator Hedges From: Director of Administrative Services VanOverbeke Date: August 30, 2006 Subject: Payable 2007 Property Tax Levy Options At the budget workshop on August 22, 2006 staff was directed to prepare some alternatives to the proposed 2007 payable tax levy and to provide some pros and cons for levying for some or all of the Market Value Homestead Credit (MVHC). This material is to be presented to the City Council for consideration at their regular meeting on September 5, 2006 at which time a preliminary levy for payable 2007 and a preliminary 2007 budget is proposed to be certified to the County. The following calculations and alternatives do not include the market value referendum levy for the debt service on the Eagan Community Center. That levy is decreasing from $1,202,093 in payable 2006 to $1,198,523 for payable 2007 and is therefore not a significant factor in any change from 2006 to 2007. The following table illustrates the proposed levy as presented on the 22"a: Preliminary Allocation of 2007 Property Tax Levy Net Preliminary Budgeted Amount of MVHC Amount of Taxes 2007 Prelim Tax Revenue General Fund $ 19,067,200 $ 840,353 $ 18,226,847 General Facilities R & R 134,010 5,906 128,104 Equipment Revolving Fund 905,440 39,906 865,535 Major St Const Fund 1,247,812 54,995 1,192,817 Communications 202,845 8,940 193,905 Totals $ 21,557,307 $ 950,100 $ 20,607,207 $ 841,800 or 4.6% Increase 5% Increase New Note: The proposed levy as allocated above assumes the State will pay the MVHC to the City as is currently provided for in State law. Additional research has determined that a number of cities are not confident that the State will in fact /(.0 make this payment and a budget shortfall will result thereby penalizing communities that have not levied to make up for this potential loss in revenue. The following observations would argue in favor of adding the replacement levy for certification on the 5th: • The levy can be decreased at the time of final certification in December if more favorable information is presented increasing the likelihood of State payment. • Non payment of MVHC by the State would cause a budget shortfall in the operations for 2007 long after the budget was approved limiting options for the City to make the necessary corrections/adjustments. • Regardless of State action a constant level of services could be maintained without spending from the City's fund balance account or making cuts to operations, if the City levied the MVHC. • In the event the City does not levy for the MVHC and the State implements levy limits for payable 2008, the City's levy limit base will be below the level necessary to maintain a constant level of services causing additional problems in future years. • A number of one time options for use of the money are available as place holders for the levy proceeds, if it is levied and the State pays the MVHC. • Due to having levied for the loss of MVHC for the previous two years Eagan's base is established and the projected 2007 amount could be levied back without the City officially being required to hold a truth in taxation hearing per State parameters. • The City's General Fund fund balance could be protected from supporting operations as a replacement for lost MVHC. The following observations would argue against adding the replacement levy for certification on the 5th: • If the State determines that cities are levying for the potential loss of MVHC, it will be an easier target for reduction as no budget cutting pain will be felt by the cities. However, the cities will have already elected to assume responsibility for the levy through the levy adoption process. • Cities are subject to accusations that they are double taxing the property owners. Most cities attempt to overcome this potential criticism by designating the dollars to something that would eliminate/reduce an additional tax levy in the future, if the money is not needed to back fill for the loss of MVHC. In other words the additional levy dollars are not used for or directed towards an expansion of services or operations. -1 • Cities may be accused of finding new uses for already established levy capacity rather than reducing the levy. In the event the MVHC is levied for, to avoid the double taxation problem, and to be fair to taxpayers it seems that a high priority for use of the levy should be to designate it toward something that would either decrease or eliminate a future levy obligation. Those items would typically include the following and Eagan could certainly make a reasonable case for choosing any of these options. The final determination could be to one area or to a combination of items. • Debt service levies • Future capital costs • Major infrastructure obligations Debt Service Levies The only debt service levy the City currently has is on the Community Center which was approved by referendum and is well established as an obligation of the tax base. A one or two year reduction in this tax levy to offset the debt service levy probably would not serve a long-term purpose and would cause an upward tick in levy and tax rates later. Future Capital Costs Using available revenues for future capital costs thereby eliminating future levies has been a well received past practice for the City. There are numerous examples of equipment and facilities that have been acquired in this manner with acceptance and appreciation by the community. At this juncture future capital costs include an obligation to the DCC for capital equipment that is currently not in the proposed budget. The specific funding mechanics have not been worked out by the executives and governing bodies at the DCC at this time, however, Eagan has an obligation currently estimated to be $1,175,321 for DCC capital equipment related to the new facility and to the conversion to the 800 MHz systems. One option that has been discussed is for the County to bond for these costs and to have participants pay their obligations over a seven year term which is the expected life of the equipment. Eagan's annual obligation in that scenario is estimated to be $218,274. Major Infrastructure Obligations This particular option is closely related to the designation of future capital costs in that it has been successfully used historically and includes all of the same elements of prudent financial planning. The most obvious infrastructure choice at this time would be to designate any levy not needed to replace MVHC to the Major Street Fund for future street improvements. Unfortunately, many City traffic improvement needs will probably be pushed farther and farther into the future as participation by the State and County does not meet their obligations nor keep pace and as costs continue to increase and the City responds to traffic issues in the community. /ion The tax impact on property owners of increasing the levy as presented in the proposed budget is as follows: Impact of Increases in Tax Levy on Average Market Value House City Tax Tax Proposed Amount At Proposed Capacity Levy Adjusted of Levy Rate Plus... City Tax Increase $ 278,021 Market Value $ 684 0.24311 0.24433 $100,000 $ 687 $ 3 0.24556 200,000 690 6 0.24679 300,000 694 10 0.24802 400,000 697 13 0.24925 500,000 700 16 2006 Payble taxes on same house 0.25047 600,000 703 19 valued at $264,281 was $709 with 0.25170 700,000 707 23 tax capacity rate of .26704. 0.25293 800,000 710 26 Given the new information it would be my suggestion that consideration be given to increasing the levy and to allocate it per the following table: Optional Allocation of 2007 Property Tax Levy Net Preliminary Budgeted Amount of MVHC Amount of Taxes 2007 Prelim Tax Revenue General Fund $19,067,200 $ 812,199 $ 18,255,001 General Facilities R & R 134,010 5,708 128,302 Equipment Revolving Fund 905,440 38,569 866,871 Major St Const Fund 1,247,812 53,153 1,194,659 MVHC/DCC Capital 950,100 40,471 909,629 Totals $ 22,304,562 $ 950,100 $ 21,354,462 The net affect of this change is to eliminate the proposed levy for communications ($202,845) and to levy for the potential loss of MVHV ($950.,100) which taken together increases the total levy by $747,255 going from $21,557,307 to $22,304,562 which is a 3.5% increase over the payable 2006 levy and preliminarily proposed 2007 levy. This 3.5% increase is at the low end of Eagan's MLC peer cities that previously provided information. Per the above referenced table outlining the tax impact of various increases to the proposed levy, this change would amount to approximately $23 ($684 to $707) on the average market value house in Eagan for payable 2007. This would result in the tax impact being approximately the same as for payable 2006 while including inflation on the property values. In the event the State pays the MVHC the money is to be used to meet the City's DCC capital obligation. If it is levied and not paid, the City will determine other appropriate options to finance the DCC capital assessment at that time. In terms of the State's benchmark parameter for a truth in taxation hearing being legally required the following summarizes the available capacity even after this proposed increase to the levy. COMPARISON TO STATE TnT HEARING REQUIREMENT Final Optional Change 2006 2007 Amount Per Cent Operating Levy $ 21,557,307 $ 22,304,562 $ 747,255 3.5% Debt Service Levy 1,202,093 1,198,523 (3,570) -0.3% Subtotal $ 22,759,400 $ 23,503,085 $ 743,685 3.27% Cedarvale Sp Service 3,000 3,000 - 0.0% Total $ 22,762,400 $ 23,506,085 $ 743,685 3.27% State Threshold 24,223,450 Available $ 717,365 Conclusion While presenting what I believe to be the best option at this time, the information provided in this memo should allow the City Council to make an informed decision regarding potential changes to the levy. I have also tried to lay out the pros and cons related to any choice that is made. Using this information at the meeting we can determine fairly closely the tax impact and ramifications of any adjustments to the original proposed levy. The potential use can also obviously be modified and incorporated into the certification to the County. Finally, the City still maintains the option to make a downward adjustment in the levy at the time of final certification in December taking advantage of any additional information that may become available. If history repeats itself, it seems that it will be very difficult for Eagan or any combination of cities to influence what the State might do in response to any potential budget shortfall it experiences. As a result of what is not a particularly beneficial relationship with the State, it seems that the City must first protect its financial interests and be prepared to meet citizen expectations for services with or without assistance from St. Paul. P ase let me know if you would like any additional information. Y-Lky Dir for of Administrative Services VanOverbeke cc: Chief Financial Officer Pepper 100 Agenda Information Memo September 5, 2006, Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (MARIAN ADD) - MARIAN ANSARI ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision of 1.8 acres to create two lots, with a Variance to the minimum lot width and street frontage requirements, for property located at 4365 Capricorn Place for property located at 4365 Capricorn Place in the NE I/4 of Section 27, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ There is an existing house and detached garage on-site which will remain on Lot 1. A shared driveway is proposed. ➢ Lot 1 will be 55,443 square feet and Lot 2 will be 22,437 square feet, easily exceeding the R-1 minimum lot size of 12,000 square feet. Lot 2 is a flag lot configuration that does not meet the 85 foot lot width at the setback line requirement or the minimum street frontage of 50 feet requirement. It is 40.8 feet; the lot does widen and provides ample buildable area. ➢ The Advisory Planning Commission held a Public Hearing on August 22, 2006 and is recommending approval. 120 DAY AGENCY ACTION DEADLINE: November 15, 2006 ATTACHMENTS (2): Draft APC minutes on pages Staff report on pages through 101 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA August 22, 2006 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, August 22, 2006, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members Chavez, Keeley, Heaney, Fuller, Jensen, and Dugan. Also present were, City Planner Mike Ridley Planner Pam Dudziak, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Chavez moved, Member Keeley seconded a motion to adopt the Agenda. All voted in favor. Motion carried 7-0. July 25, 2006, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Heaney moved, Member Keeley seconded a motion to approve the July 25, 2006, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 7-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Marian Addition Applicant Name:Homeowner Location:4365 Capricorn Court; Lot 5, Block 2, Wilderness Park Third Addition Application -Planned Development Amendment A Planned Development Amendment to allow a second lot. File Number: 27-PA-12-07-06 Application: Preliminary Subdivision A Preliminary Subdivision of 1.78 acres to create 2 lots. File Number: 27-PS-13-07-06 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 11, 2006. He noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. There was discussion regarding precedence for the variances associated with the flag lot. 102, Advisory Planning Commission Minutes August 22, 2006 Page 2 of 5 Member Chavez moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision of 1.8 acres to create two lots for property located at 4365 Capricorn Place in the NE'/4 of Section 27 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: All, B1, C1, D1, and E1 2. The property shall be platted. 3. The developer shall provide private ingress/ egress easement documents for review and approval by 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. 5. The newly created lot is subject to a cash park and trail dedication. A vote was taken. All voted in favor. Motion carried: 7-0. 103 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 11, 2006 CASE: 27-PS-13-07-06 APPLICANT: Marian Ansari HEARING DATE: September 25, 2006 PROPERTY OWNER: Same APPLICATION DATE: July 19, 2006 REQUEST: Preliminary Subdivision PREPARED BY: Sheila Cartney LOCATION: 4365 Capricorn COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (Marian Addition) of 1.8 acres to create two lots for property located at 4365 Capricorn Place in the NE 1/4 of Section 27. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. 1Dq Planning Report - Marian Add August 22, 2006 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." PD Amendment: 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. 10's Planning Report - Marian Add August 22, 2006 Page 3 BACKGROUND/HISTORY The subject 1.8 acre lot was platted in 1972, as Lot 5, Block 2, Wilderness Park 3rd Addition. EXISTING CONDITIONS There is an existing house that was built in 1967 and an existing detached garage that was built in 1996. The lot is lightly wooded. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Goat Hill Park P, Park P, Park and Recreation Open Space South Single family home PD, Planned Development LD, Low Density Residential East Goat Hill Park P, Park P, Park and Recreation Open Space West Single family home PD, Planned Development LD, Low Density Residential EVALUATION OF REQUEST Proposal - The applicant is proposing to subdivide 1.8 acres to create two lots. The existing house is to remain on Lot 1, a shared driveway is proposed. The subject lot is part of a Planned Development that is regulated by R-1 requirements. Compatibility with Surrounding Area - The subject site is surrounded by park and single family homes. An additional single family home appears compatible with the surrounding area. Density -The subject site is guided Low Density Residential allowing a density of 0-4 units an acre. As proposed the density is 1.1 units an acre. Lots - The R-1 zoning district requires each lot to be a minimum of 12,000 square feet. The proposed lots are 55,443 square feet and 22,437 square feet. Each lot is required to be 85 feet wide at the front setback line (30'). As proposed, Lot 2 is only 40.8 feet wide at the setback line; however the buildable part of the lot is 90 feet wide. Each lot is required to have a minimum of 50 feet of street frontage, as proposed Lot 2 is 40.8 feet wide at the street and does not meet this requirement. Lot two does not meet two of the lot requirements; therefore, City officials should determine if these deviations are appropriate ~vr Planning Report - Marian Add August 22, 2006 Page 4 Setbacks - The resulting lot can accommodate R-1 setback requirements. Grading/ Erosion Control - The site is generally open with lightly wooded areas. The proposed grades for the new house and driveway on Lot 1 generally match the existing grades. Wetlands/Water Quality - Similar to other residential developments, regardless of size, this subdivision will generate additional stormwater runoff within the City. Because it is small, however, on-site treatment of stormwater for water quality purposes is not reasonable or practical. Nevertheless, in accordance with the policies the City has had in place since 1990, the development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. There are no jurisdictional wetlands associated with this site. Utilities - The existing house on Lot 1 is connected to the City sanitary sewer and water main system. Existing sanitary sewer and water stubs of sufficient size, depth and capacity are available from Capricorn Court for service connection for proposed Lot 2. Extension of City utility services to Lot 2 will require the removal and replacement of a portion of the Capricorn Court street section. Streets/ Access/ Circulation - The driveway access for the existing house on Lot 1 will remain onto Capricorn Court, and access to Lot 2 access is also proposed onto Capricorn Court, a local residential cul-de-sac. Due to steep grades on Lot 1, the existing driveway is located mainly on proposed Lot 2 property. The developer should provide private ingress/ egress easement documents for review and approval by the City Attorney, prior to final subdivision approval. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. Tree Preservation - There are no tree preservation issues with this development. Parks and Recreation -The newly created lot is subject to a cash park and trail dedication. The Advisory Parks and Recreation Commission reviewed this subdivision as a consent item and recommend SUMMARY/CONCLUSION The applicant is proposing to subdivide a 1.8 acre lot into two lots. The existing home will remain on Lot 1, a shared driveway is proposed. The property is zoned Planned Development and is regulated by R-1 requirements. The R-1 requirements are met except for the 85 foot lot width at the setback line and the minimum lot frontage of 50 feet for Lot 2. 101 Planning Report - Marian Add August 22, 2006 Page 5 There are no tree preservation issues associated with this subdivision. The shared driveway will require cross easements. Cash dedication for park and trails applies to the new lot and a cash dedication for water quality is required. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision of 1.8 acres to create two lots for property located at 4365 Capricorn Place in the NE 1/4 of Section 27. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, C1, D1, and E1 2. The property shall be platted. 3. The developer shall provide private ingress/ egress easement documents for review and approval by 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. 5. The newly created lot is subject to a cash park and trail dedication )08 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. Io--.^ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for provided a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks Commission and approved by Council action. H. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval Eagan Boundary Right-of-way Para Location Map ~Park Area 0 k Area - Building Footprint ~ • ♦ f zo, e J • ~y v + - D 't• 1°ie ' b ~ t ~ ~ et r c '01"I a. 41 04 16 F 31- PIP s ♦ R A r + Subject Site e ` ,t. 1 0,111- PIN • 3 c• ~ ♦ t B■€t • s ■ • ■ je.w i { ■r8 e ■ ado ! • ,y a f • >r'A r 40 a& f 4 ~ ♦ °+«c + j A ' JL 40 i r~ Ica ~•.w•4'~ i ! r3 p j ♦ ~ ~ S O O 11~ t r r~f ! i a 1000 0 1000 2000 Feet Development/Developer. Marian Addition Application: Prelim Subdivision Case No.: 27-PS-13-07-06 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided I N 40' by Dakota County Office of GIS and is current as of April 2005. City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Marian Addition Land Use Map Prelim Subdivision 27-PS-13-07-06 -LLLPI Zoning Map P P t - PD Location P Current Zoning: D Pd ' Planned Development P R- P D P D D A~ sy~ D goo o goo 1200 F..t Comprehensive Guide Plan P L Land Use Map = 9 C O/s Location D P € MD O/ Current Land Use Designation: D LID LD P Low Density Residential L L P Ly X40+ D L Soo 0 goo 1200 Fwt N Parcel base map Information providedby Dakota County Land avwy Departtnatt Dacmbar 2005. N Zoning information maintained byCity 4tafL City of EajaIl W+E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S n txt r!1r ~ vi r o { r ° ~,;t ~ k DCA u. Y' Y t 'p M Y'~Zi ~~Y~a~ a M.s r y r _ ,u H` T it ~y a y -x Y I M'~ , pcm ~oX '~n spat ~o L.~ pow-Bm osB) ~~d I ~'.~1W wMOUp6 OOpB-5Y)I (ICNw .auryd pEpl-BCL~IpB) suoVd ~ u ICS '~B3 FLIP. W11 'uaLp3 g d pWL ~J unq,do~ sB[Y II[yshT a : ww cw .B R o.M°,wa LYId ,{NYN!/PI7,Vyd w, A v., •wa s.,.. ,la wa N~we La..r ArommOY N17UYX.-n,p .vc B 0 °~0~0 ~ QV II8 w Zcr O N; O t C14 01 CY) ca Yoe o... Q.Z i i W a g o O b .rr 2 a F a Y $ Lq ~8g@$ ~ ~ ~ 4X8' O H 2 E • ~ g~"' 99 0 A v bi 12 - - - - - I Ya A I I I I ~ l.~V ~dP- I II 'I - I „vv ~L ~A r r cl mm a I I ••W-- o I LI l4 rl ~ ~ ~ 1_ I I I I C I I I I[ w I` -+-t I~ I- r I~ I- ~:~~I i I I~r I I I II I I ~ II rfi I I i _~._t~r~i I'I I _L~ -I I-I II I,I - - _ - ygyg „I li A ~l I I ~v~wc __3,ogro.oo x _ I ~ : d0 ~I ~~^1 / ~ I ~ l T L- I ~ ~ II - Ldp o /r"~ ~'>l'• ~ ~ I ~ J ~~/F yr' r 'I ~ j a - I I I I I J I ~ Jam. ~~L/~ ~Ig I ~~+-1 _ y (i- Y- F~ I I ~I i ~ 4 I Enclosed is a request for a preliminary subdivision for a single family lot into two single family lots. The property address is 4365 Capricorn Court and the legal description is :pt 5, Block 2, Wilderness Park Third Addition. The parcel is located at the north end of Capricorn Court adjacent to Goat Hill Park to the east and to the north. Per the City of Eagan's existing and proposed Comprehensive Guide Plan and Zoning Classification the current land use and zoning for this parcel is D-1, Single Family with the surrounding 650 feet currently zoned D-1 to the south and west and the area to the north and east is zoned PF, Public Facilities. The future land use and zoning for parcel and surrounding areas are LD, Low Density Single Family, to the south and west, and P, Parks and Recreational Open Space to the north and east. A single family home with a detached garage currently occupies the 1.8 acre (77,880 sq.ft.) site. With the completion of the subdivision the existing home will have a lot size of 55,443 sq. ft. and the new lot will have a lot size of 22,437 sq.ft. Both lots meet the minimum lot size of 12,000 sq.ft. The new lot will be accessed by an existing driveway. The subdivision will require a variance on the lot width at the right of way for the new lot. The width is 40.8 feet and the front set back and 90 feet at the house pad location. The applicant and owner, Marian Ansari, will have a shared access and maintenance agreement with the new home owner. The applicant is hoping to put the new lot on the market before the end of year since the subdivision will not require any grading prior to construction of new home. 115 5 Agenda Information Memo September 5, 2006 Eagan City Council C. PRELIMINARY SUBDIVISION AND PLANNED DEVELOPMENT AMENDMENT (YANKEE DOODLE PROFESSIONAL BUILDING) MSP COMMERCIAL ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision and Final Subdivision (Yankee Doodle Professional Building) of 3.58 acres to create 2 lots located at 1519 Central Parkway, in the SE 1/4 of Section 9; subject to conditions in the August 22, 2006, APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of members present FACTS: ➢ This 3.5-acre site was platted in 2003. ➢ A Planned Development consisting of a two-story office building and two free-standing restaurants was approved for this site in 2005. ➢ The office building is under construction on the northern end of the property (proposed Lot 1). ➢ Subdividing the property allows for the sale of the restaurant portion of the property separate from the office building. ➢ There are no changes to the development plans for the site. Landscaping, setbacks, lighting, signage, and architectural standards remain as previously approved in the Preliminary Planned Development. ➢ A public hearing was held on August 22, 2006 at the Advisory Planning Commission, the Commission recommended approval. ➢ All documents and Agreements for the Final Subdivision are anticipated to be signed and in order for execution at the regular meeting of the City Council. ISSUES: None 120 DAY AGENCY ACTION DEADLINE: November 17, 2006 ATTACHMENTS: (2) Draft August 22, 2006 APC Minutes, pages 1 P tb~- Staff report, pages I(&_ through. Advisory Planning Commission Minutes August 22, 2006 Page 3 of 5 B. Yankee Doodle Professional Building Applicant Name:MSP Commercial Location: 1519 Central Pkwy; Lot 1, Block 2, Eagan Preserve Application: Preliminary Subdivision A Preliminary Subdivision of 3.58 acres to create 2 lots. File Number: 09-PS-14-07-06 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 16, 2006. She noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Hansen inquired about the access points from Quarry Road. City Planner Ridley stated there will be one access point. Member Dugan inquired about the parking on the site and if it would be adequate. Planner Dudziak stated the parking will be adequate with up to 159 seats per restaurant. Member Heaney moved, Member Fuller seconded a motion to recommend approval of a Preliminary Subdivision to create two lots on 3.58 acres located at 1519 Central Parkway, legally described as Lot 1, Block 2, Eagan Preserve, in the SE 1/4 of Section 9 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, C1, C2, C4, D1, and E1 2. The property shall be platted. 3. The developer should provide evidence of private ingress/ egress easement, in a form acceptable to the City Attorney, between Lots 1 and 2 providing for shared access to Quarry Road prior to final subdivision approval. 4. A pedestrian connection shall be provided from Lot 2 to Yankee Doodle Road. A vote was taken. All voted in favor. Motion carried: 7-0. I l~ PLANNING REPORT CITY OF EAGAN REPORT DATE: August 16, 2006 CASE: 09-PS-14-07-06 APPLICANT: MSP Commercial HEARING DATE: August 22, 2006 PROPERTY OWNER: MSP Commercial APPLICATION DATE: July 19, 2006 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 1519 Central Parkway (NW corner of Yankee Doodle Rd. and Central Pkwy.) COMPREHENSIVE PLAN: SA-O/S, Special Area - Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST MSP Commercial is requesting approval of a Preliminary Subdivision to create two lots on 3.58 acres located at 1519 Central Parkway, legally described as Lot 1, Block 2, Eagan Preserve, in the SE 1/4 of Section 9. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. hs Planning Report - MSP Commercial (Yankee Doodle Professional Building) August 22, 2006 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 119 Planning Report - MSP Commercial (Yankee Doodle Professional Building) August 22, 2006 Page 3 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY This 3.5-acre site was platted in 2003. In 2005, a Planned Development consisting of a two-story office building and two free-standing restaurants was approved for this site. EXISTING CONDITIONS Construction is underway on the office building on the northern portion of this site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Argosy University RD, Research and Development SA, Special Area East Lockheed Martin RD, Research and Development SA, Special Area South Townhomes (Surrey R-4, Multiple Residential HD, High Density Heights) Residential West Vacant A, Agriculture SA, Special Area EVALUATION OF REOUEST Compatibility with Surrounding Area - The subject property is surrounded with a broad range of land uses. The Office/Service Land Use designation is geared toward office and lower intensity service and retail businesses. The Planned Development for this site allows for an office and two Class I restaurants. Lots - Lot 1 is proposed to be 1.95 acres in area, and Lot 2 is proposed to be 1.64 acres. Proposal - There are no changes to the development plans for the site. Subdividing the property allows for the sale of the restaurant portion of the property separate from the office building. Landscaping, setbacks, lighting, signage, and architectural standards remain as previously approved in the Preliminary Planned Development. Parking - The parking lot is designed with free vehicular movement and shared parking throughout. Collectively, the minimum required number of parking stalls must be provided for each use. Lot 1 provides the required 134 parking stalls for the 25,088 sq. ft. office building. I~ Planning Report - MSP Commercial (Yankee Doodle Professional Building) August 22, 2006 Page 4 Specific restaurant proposals will be reviewed for compliance with City Code parking requirements at the time of Final Planned Development approval for each restaurant. Therefore, the size of the restaurants may be limited by the parking available on the site. The Preliminary PD provided for two restaurants seating up to 159 people each. Grading - The preliminary grading plan is acceptable. The site was graded with previous development. Grades and slopes on the site will remain generally as current, with the site sloping toward the northwest comer. Wetlands/Water Qualitv - There are no jurisdictional wetlands on this property and water quality requirements were previously satisfied. Utilities - The preliminary utility plan is acceptable. Existing sanitary sewer and water main of sufficient size, depth, and capacity are available in the northwest corner of the property from Quarry Road for connection by this development. Access/Street Design - Access to Quarry Road is proposed at one location. Quarry Road will be extended west through the property to the west and Quarry Park to serve as an east-west traffic reliever for Yankee Doodle Road and to provide street access for the Gramercy Park senior housing development. Two potential connections to future parking service drives within the adjacent property to the west are planned with the proposed parking lot layout. If these connections are made, the developer proposes to close the one access to Quarry Road from this lot. Pedestrian circulation in the area is provided by sidewalks and trails on Central Parkway and Yankee Doodle Road connected to the City's trail system. Pedestrian access via sidewalk or trail should be provided to Yankee Doodle Road trail system from each of the proposed new lots adjacent to Yankee Doodle Road. Easements/Rights of Way/ Permits - The developer should provide evidence of private cross easements, in a form acceptable to the City Attorney, in favor of the adjacent property to the west to allow for the possible future parking lot connections and circulation. The developer should provide landscaping easement, in a form acceptable to the City, for the existing City streetscaping improvements located in the southeast corner of the site near the intersection of Central Parkway and Yankee Doodle Road. Parks and Recreation - Park and trail dedications were fulfilled through the dedication of land with the Eagan Preserve subdivision in 2002. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. 12.1 Planning Report - MSP Commercial (Yankee Doodle Professional Building) August 22, 2006 Page 5 SUMMARY/CONCLUSION In summary, MSP Commercial is requesting approval of a Preliminary Subdivision to create two lots on 3.58 acres located at 1519 Central Parkway, north of Yankee Doodle Road. A Planned Development was approved for this property in 2005 which approved an office building and two restaurants. The office building is currently under construction. The developer requests to subdivide the property into two lots to allow for separate ownership of the restaurant portion of the property. Subdivision at this time entails creation of ingress/egress and cross-parking easements between the two lots. A pedestrian connection to Yankee Doodle Road from Lot 2 should also be provided. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots on 3.58 acres located at 1519 Central Parkway, legally described as Lot 1, Block 2, Eagan Preserve, in the SE 1/4 of Section 9. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B3, C1, C2, C4, D1, and E1 2. The property shall be platted. 3. The developer should provide evidence of private ingress/ egress easement, in a form acceptable to the City Attorney, between Lots 1 and 2 providing for shared access to Quarry Road prior to final subdivision approval. 4. A pedestrian connection shall be provided from Lot 2 to Yankee Doodle Road. 122 STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage requirements. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 12~ 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for provided a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks Commission and approved by Council action. H. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 G:Engineering/Forms/Standard Conditions of Plat Approval lagan Boundary : Right-of-way Parcel rcel Area Location Map Park Area - Building Footprint 1 y t• ~ w w4 I 10 dM i Y a ® .fit ftr■ f t ®®s ILI IM _I 1 I 44P ~ ~ s NOW~ _ r Subject Site mom L!~ ~c L I New.. we , ♦ r BL fI ® 1 _Q wry ® ® OWN A w rr III! I • A V to 011111111111111 r! 1 r* t1 P B~1ad `M ' left i i M . 1 F a5! •9 1000 0 1000 2000 Feet Development/Developer.. Yankee Doodle Professional Building Application: Preliminary Subdivision Case No.: 09-PS-14-07-06 N by Map Prepared using ERSI ArcView 3.1. Parcel base map data provided I yn'Q Dakota County Office of GIS and is current as of April 2005. ~j y of Eap 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 C.mmunlty o-..P-.nt D.part-.nt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Yankee Doodle Professional Building Preliminary Subdivision 09-PS-14-07-06 IU N^vI P P l u Zoning Map U, R-4 O 9 PD R-3 4 RD y x i u Location LB PI P Current Zoning: RD I-4 A RD LB PD Research and Development U "B RD A ~otF aoaol ~j 1.33 P R-4 Dy !p R.4 PF 4i v- ~ PD G R-3 ' PD PD m 0 i m 0 µa .3 ®a ~ PD Elis 0 LB Goo 0 ago 1200 rest P ~ CS SA SA Comprehensive Guide Plan 1j, Land Use Map OMD D D f e I Location SA SA P SA 1 SA Current Land Use Designation: ols SA SA LE ROl1a1 ETI Special Area DP D ~ " ~ SA S SA ~ m 0 D EEII■- o©a n SA "Ir Goo o Goo 1200 Feet P I I SA Parcel base map Information providedty Dakota County Land 3u y Departmett Decmber 2003. N Zoning Information maintained byClty 3taft ^ City of Eagan THIS MAP IS INTENDED FOR REFERENCE USE ONLY l W+E The City of Eagan and Dakota County do not guarantee the accuracy of this Information. 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EAGAN PROFEESIONAL BUILDING • EAGAN. MINNESOTA a BY:_ ass w.. mm oF80PBmOx Gam„ WBr A ; ~ CONTOUR. MSP COMMERCIAL oPnvm Br: ' n"00S BO%AxB~N . - ' Engineering . ❑ NaV50UBWiTK FOP OPMW PgWf Od:000iD T:~} 6 OLOIM CT'COMMENIBFI e vu)sBe cnr cw.a:man 815 TOWER DRIVE, MEDINA, MN 55340 LANDSCAPE PLAN rsn i ~101~~6E61'.4WAT.8IXV. wrwiroP .n:P~F.1.mnF.x:m».ISO>as I 0]MAF PEII OxwEP, PEV. MONUMFMfnECIPMJI PM E4aL:MM~aNOwah+eM1gxl td 01/-- FWIW - OIIY.OIi L~9„~/1~SCAPC ~C,4iU 13Z- Agenda Information Memo September 5, 2006, Eagan City Council Meeting D. COMP PLAN AMENDMENT - ST. ELIZABETH ORTHODOX CHURCH ACTIONS TO BE CONSIDERED: To direct staff to submit Comprehensive Land Use Plan Amendment to change the land use from RC, Retail Commercial to QP, Quasi-Public for a church on property located at 1581 Century Point in the SW '/4 of Section 09 to the Metropolitan Council for review (OR direct findings of fact for denial) REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: The subject site is vacant and is surrounded by a mixture of uses. ➢ It's common for churches to be located close to residential uses and mixed in with commercial uses. ➢ According to the Comprehensive Land Use Plan "quasi-public and institutional uses are compatible with most other uses throughout the city." ➢ While the City Council cannot take action on the requested Rezoning from Neighborhood Business to Public Facility prior to Met Council action on the Amendment, the City Council should consider/discuss both requests tonight. ➢ If the City Council takes favorable action tonight, the Amendment and Rezoning will come back on a future Consent Agenda. ➢ The Advisory Planning Commission held a Public Hearing on August 22, 2006 and is recommending approval of the Comp Plan Amendment and the Rezoning. ISSUES: ➢ The Staff Report erroneously states the Conceptual Site Plan provides the required number of parking stalls. In fact, the plan depicts 23 on-site stalls and 33 are required for a 100-seat sanctuary. 120 DAY AGENCY ACTION DEADLINE: November 15, 2006 ATTACHMENTS (2): Draft APC minutes on pages Planning Report on pages through Advisory Planning Commission Minutes August 22, 2006 Page 4 of 5 C. St. Elizabeth Orthodox Mission Applicant Name:St. Elizabeth Orthodox Mission Location: 1581 Century Point Ave.; Lot 1, Block 1, Century 2nd Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from Retail Commercial (RC) to Quasi-Public (QP) for a church. File Number: 09-CG-05-07-06 Application: Rezoning A Rezoning of .60 acres from Neighborhood Business (NB) to Public Facility (PF) for a church. File Number: 09-RZ-07-07-06 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated August 11, 2006. He noted the background and history. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Keeley moved, Member Chavez seconded a motion to recommend approval of a Comprehensive Land Use Plan Amendment to change the use from RC, (Retail Commercial) to QP, (Quasi Public) for 0.5 acres located at 1581 Century Point in the SW % of Section 09. A vote was taken. All voted in favor. Motion carried: 7-0. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Rezoning to change the use from NB, (Neighborhood Business) to PF, (Public Facility) for 0.5 acres located at 1581 Century Point in the SW Y4 of Section 09. A vote was taken. All voted in favor. Motion carried: 7-0. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS City Planner Ridley announced that a Workshop would be held at 5:30 p.m. on September 7, 2006. VIII. ADJOURNMENT Member Heaney moved, Member Keeley seconded a motion to adjourn the Advisory Planning Commission meeting at 6:53 p.m. All voted in favor. Motion carried 7-0. I3 PLANNING REPORT CITY OF EAGAN REPORT DATE: August 11, 2006 CASE: 09-CG-05-07-06, 09-RZ-07-07-06 APPLICANT: St. Elizabeth Orthodox Mission HEARING DATE: August 22, 2006 PROPERTY OWNER: Same APPLICATION DATE: July 19, 2006 REQUEST: Rezoning Comp Plan Amendment PREPARED BY: Sheila Cartney LOCATION: 1581 Century Point Pt COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Land Use Plan Amendment to change the use from RC, (Retail Commercial) to QP, Quasi Public and a Rezoning to change the use from NB, (Neighborhood Business) to PF, Public Facility for 0.5 acres located at 1581 Century Point in the SW '/4 of Section 09. AUTHORITY FOR REVIEW Comprehensive Land Use Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Rezoning: City Code Chapter 11, Section 11. Subd. 5 states in part, 1'~5 Planning Report - St. Elizabeth Church August 22, 2006 Page 2 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The subject parcel (Lot 1, Block 1, Century 2„ d Addition) was platted in 2002. EXISTING CONDITIONS The subject site is vacant with some vegetation. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Apartments R-4, Residential Multiple HD, High Density Residential South Klecatsk 's NB, Neighborhood Business RC, Retail Commercial East Scuba Center NB RC West Apartments R-4, Residential Multiple HD, High Density Residential EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is surrounded by a mixture of uses. It's not uncommon for churches to be located close to residential uses and in proximity to commercial uses. According to the Comprehensive Land Use Plan quasi-public and institutional uses are compatible with most other uses throughout the city. Comprehensive Land Use Plan - The subject site is currently guided Retail Commercial, this land use category is to provide for a variety of retail related uses; including but not limited to: shopping centers, supermarkets, drug stores, convenience/gas center restaurants, hotels etc. Retail commercial uses tend to generate substantial amounts of customer traffic, visibility and convenient access is important, these uses should be located along arterial or collector roads. The subject site does not have good visibility and limited access and is not located along an arterial or collector road. The proposed land use is Quasi-Public; this land use category is intended for general public use. Quasi-Public uses are generally less intense and are compatible with most other uses throughout 130 Planning Report - St. Elizabeth Church August 22, 2006 Page 3 the city. These uses should be located with easy access to arterial and collector roads. The subject site is located along Century Point, just north of the Coachman Road/Yankee Doodle Road intersection. Concept Plan - A sanctuary and connected annex are proposed. According to the applicant, the sanctuary will seat 100 people. Thirty three parking stalls are required, the concept plan shows the required parking stalls, and the applicant also has parking easements with the properties to the east and south. The parking stalls should be 10'x19' in size. The setbacks are not clear, a parking setback of 20 feet is required along Century Point and 5' from side and rear lot lines. Building setbacks should meet City Code requirements: every structure within a public facilities district shall have a minimum setback from its lot or land area boundaries of two (2) feet of setback for each one (1) foot in height of such structure, excluding steeples, ornaments or antennas. This provision shall not allow a minimum structure setback of less than 30 feet nor require a minimum structure setback of more than fifty (50) feet. (Example: 15-foot tall or less structure = minimum 30-foot setback; 20-foot tall structure = minimum 40-foot setback; and 25- foot or taller structure = minimum 50-foot setback.) Landscaping - A Landscape Plan will be required with a building permit. Grading/ Topo rg aphy - The site has been previously graded and is open and relatively flat. Minor grading will be required to prepare the site for development. Storm Drainage - Storm drainage for the development will be accommodated by the existing storm system within Century Point. Utilities - Existing sanitary sewer and water main of sufficient size and depth are available for this development in the northeast corner of the site. Streets/ Access - Public street access is available for the development from Century Point to the south. Century Point was constructed in 1985 as a dead-end street without a cul-de-sac bubble. With the building permit for this site, the City will require the street/ driveway layout at the west end of the site to include a provision for a turnaround at the end of Century Point Avenue utilizing the driveway/ service drive access to the development. The subject site is surrounded by a mixture of uses. It's not uncommon for churches to be located close to residential uses and mixed in with commercial uses. According to the Comprehensive Land Use Plan quasi-public and institutional uses are compatible with most other uses throughout the city. SUMMARY/CONCLUSION The subject site is zoned NB, Neighborhood Business and Guided RC, Retail Commercial; the applicant is requesting to change the zoning to PF, Public Facilities and change the Guide Plan to QP, Quasi Public for a church. The concept plan is not to scale so it is not clear on proposed setbacks, but it appears the site can accommodate the proposed church. 3~1 Planning Report - St. Elizabeth Church August 22, 2006 Page 4 Access to the site is from Century Point currently is a dead-end street without a cul-de-sac bubble. At the time of building permit a turnaround will be required at the end of Century Point utilizing thedriveway/service drive access to the development. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Land Use Plan Amendment to change the use from RC, (Retail Commercial) to QP, (Quasi Public) for 0.5 acres located at 1581 Century Point in the SW '/4 of Section 09. To recommend approval of a Rezoning to change the use from NB, (Neighborhood Business) to PF, (Public Facility) for 0.5 acres located at 1581 Century Point in the SW '/4 of Section 09. Eagan Boundary N Right-of-way Para Location Map Park Area Park Area Building Footprint ems, ® ~ _ ~ 3 IRS , . . ~ a • ' o i l Subject Site M I~I j1 a ~ '10 44.5 ILP +1 fl: 51 FINN: How 4 eJ -~9t ® ® E w r ~ 9 ° i' a t ~t vs ° ~ ~1■ O -e' . uY Y If ,..-".v ere ■ • f ♦ ♦ • 4 + • - 11161211 ~ • dI • ee' 1000 0 1000 2000 Feet Development/Developer. St. Elizabeth Orthodox Mission Application: Rezoning and Comp Guide Amendment Case No.: 09-RZ-07-07-06 and 09-CG-05-07-06 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided h by Dakota County Office of GIS and is current as of April 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eapa W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan St. Elizabeth Orthodox Land Use Map Rezone/Comp Guide 09-RZ-07-07-06 ~O RD Zoning Map R-3 Ni JH 0 Location : P 0 1 mm 0 -4 mm10 Current zoning: m A LB NB N13 R~ RD NB A Neighborhood Business COUNTY ROAD N0.28 (YANKEE DOODLE ROAD) D Tk ~a® R-4 PD -3 C: ELI PF -3 ff ~a s coo o goo 1200 F..t Comprehensive Guide Plan HMD Land Use Map LD MD HD Location P mm m SA Current Land Use Designation: OiS 't RC HD RC COUNTY ROAD NO. 28 YANKEE DOODLE ROAD) Retail Commercial LLI E, HI SA ~R TK QP M Cd ~a s ❑ i00 0 100 1200 Feet .ad parcel base map information providedby Dakota County Land Survey Department Decmbar 200. N Zoning Information maintained byCity Staff V ITP City of Ea aIl WE THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S 011 1 :ts I' { p J 4 r ♦ri~ 7 T` <'A A ~y x rt r "1`s l!w » ~ i S~i ~ilv ~ f i:: V i ]y]ygg i0. 6 I p fir. ~t1 'if~ 1 A. n Alli ~ ptl E. k I s nom' ti c~ t 4 t K 3 4 V ~S1 Ddb- ,01 , It J r t C At i co May L I UO I I .07 ~J IVUI I ICU i r i i 4 70. r C t Lf Q c ° J 31 to% - 13 v`~~~E~N ORTyo~~ 0 Re-zoning Submittal - St. Elizabeth Orthodox Mission ZZ . Z 1581 Century Point Avenue • Eagan, MN • Rev. Fr. Marc Boulos, Pastor, (651) 204-2108, seocc.org okay MINNES~~~ 1 St. Elizabeth Orthodox Mission St. Elizabeth Mission is a parish of the Midwest Diocese of the Orthodox Church in America, under the stewardship of its current priest and the community's founder, the Reverend Father Marc Boulos. The mission was incorporated in 2003 as a non- profit religious organization in the State of Minnesota. Based in Chicago, the Diocese of the Midwest is under the protection of His Eminence, the Most Reverend tJOB, Archbishop of Chicago and the Midwest, and includes approximately 80 parishes, monasteries, missions and other institutions. The Diocese of the Midwest is in full communion with approximately 6 million Orthodox Christians in the United States, and some 300 million worldwide. 2 Proposal The mission has recently purchased .5 acres of vacant land located at 1581 Century Point Avenue in Eagan, MN, where it plans to construct a church building and annex hall. 1581 Century Point Avenue is currently designated for commercial use. The mission proposes that the site be re-zoned for "public" or "community" use. 2.1 Site Plan N ~r wwTn„ss s eww~e i f P R w I M1. 11 COILS , riM C• M T u w V r 0 1 r* rt V i M V i 1 The site is surrounded by residential apartments to the north and to the west, a parking lot and Scuba Shop to the east, and Klecatsky and Sons' Funeral Home to the south. RECEIVED JUL 19 2006 l~ Re-zoning Submittal - St. Elizabeth Orthodox Mission The church building and annex hall are designed to hold 100 persons, respectively. In support of this capacity, the site plan allows for 23 parking spaces. Additionally, the mission currently enjoys a 15 year parking easement with properties to the east and to the south. This easement facilitates shared parking on evenings and weekends, covering the primary operating hours of the mission. The easement expands parking capacity to approximately 100 vehicles. 2.2 Concept The church building is modeled after the neo-Byzantine style, with an acoustic dome and cruciform nave. The church building is planned to be approximately 3000 square feet and the annex hall approximately 2000 square feet. The entrances to both facilities are oriented westward. Conversely, the sanctuary of the church is oriented eastward. 2.2.1 South Elevation ,t ~M M1i4M N.« S#r tTV~M1t' 2.2.2 West Elevation ►r f~ilN N~4. 1 arc r~nwr 2.2.3 Annex Features • Classroom and office space • Bookstore/library • Full kitchen and dining area • Rest Rooms • Storage • Handicap access 2 I Re-zoning Submittal - St. Elizabeth Orthodox Mission 2.2.4 Church Features • Neo-Byzantine architecture • Cruciform layout • Easy access to annex facility • Handicap access 2.2.5 Floor Plan L.... - - - 14It&Etna. 'folurtS/OFF ,o. , to I 11 SHI+I1iG 00 1 A I ~ H~ loop. i 1= Nnw~1. ~ t ° a-1 0 ~ II I P111.6101%alo DTI F M1ANIL I+frr'►M 1 RIA IM • Ir 1_1 "Ply 1.Of. 2.3 Impact 1581 Century Point Avenue is currently vacant. The construction of a Byzantine style church on this site will beautify the surrounding neighborhood and increase the value of the property. City services such as sewer, water and electricity have already been connected to the site and will be used for the subject property. The site is flat and will remain so throughout the entire project. Construction will have no impact to current storm water run-off or to Century Point Avenue proper. Century Point Avenue is the only street coming into contact with the property and "dead ends" parallel to the lot's west side. 3 )4(o Re-zoning Submittal - St. Elizabeth Orthodox Mission 2.4 Schedule Pending city approval, the mission hopes to break ground in the fall and begin actual construction in the second quarter, as early as June of 2007. Construction of both facilities and landscaping is planned to be completed within one year. The mission has concluded the requirements gathering phase of the project and is currently soliciting bids for engineering and construction services. Once a vendor or vendors have been selected, a detailed project plan will be published. In the interim, the following is a high level summary of key milestones for the project, leading up to major construction: Key Milestone Completion Date Requirements Gathering and Concept Phase June 06 Re-zoning Submittal Accepted Q3 Selection of Engineering and Construction Services August 06 Ground Breaking Ceremony Q4 Detailed Architectural Plans Approved April 07 Major Construction Begins June 07 3 Comments St. Elizabeth Mission is committed to serving the local community through its liturgical ministries, educational programs and charitable activities. To this end, the mission currently sponsors the Minnesota Bible Lecture Series, a semiannual educational program in the Twin Cities area. The mission also seeks a working relationship with other religious and non-profit organizations in Eagan to foster a sense of cooperation and good will among local residents. Standing in direct continuity with the earliest Christian communities founded by the apostles of Jesus, the faith of the Orthodox Church is expressed in her ancient worship. The artistic, musical, cultural, and architectural traditions of the Orthodox Church will warmly compliment Eagan's diverse culture. To learn more about St. Elizabeth Mission or any of it programs, please visit our parish on the web at seocc.org. 4 9 I l"'IL, Agenda Information Memo September 5, 2006 Eagan City Council Meeting E. WINTER PARKING ORDINANCE REVISION- DENMARK COURT EAST AND WEST DENMARK TRAIL EAST AND WEST ACTION TO BE CONSIDERED: Receive a petition requesting a revision to City Ordinance 9.09 (Winter Season Parking) and direct staff to prepare an amendment for further consideration. FACTS: • In 1983, the City's instituted a winter season parking ordinance to provide for more efficient and safer snow removal and to help identify abandoned or disabled vehicles. • The winter parking ordinance is in effect from November 15 to April 15 of each year. According to City Ordinance 9.09, "on odd-numbered days parking shall be permitted only on that side of the street with odd-numbered addresses for a period of 12 hours beginning at 6:00 a.m. and continuing until 6:00 p.m." There is a similar restriction for even addresses/days. Parking is allowed on both sides of the street from 6 p.m. to 6 a.m. • All houses on Denmark Trail West and Denmark Court West are odd-numbered and all houses on Denmark Trail East and Denmark Court East are even- numbered. The current winter parking restrictions essentially prohibit all parking on these streets every other day (6am - 6pm) between November 15 and April 15. • On August 29, the City received a petition from 16 people representing 15 of the 41 affected properties requesting that signage be installed that would regulate parking on alternating sides of each cul-de-sac on alternating days (Nov. 15 - April 15) similar to the current odd/even restriction. If this petitioned request is considered for approval, the City Attorney has stated that it would require an official amendment to the current ordinance. • The proposed designation would also help relieve parking inconveniences caused by the "No Parking" restrictions that exist on the west side of Denmark Avenue resulting from the recently completed sidewalk improvements. • The proposed designations would have no adverse effects on the City's snow removal operations ATTACHMENTS: • Petition and Petitioners' Map, pages Atgw_,• • Maps indicating the recommended winter parking schedule, pages 153 and 154. )48 1168 207 \ w - --_*3687 J 11Q4 1209 Z 308 3680 1120 d 1162 168 1176 117 118 120 1205 1250 1201 TIMBERSHORE LN. 1310 1 199 3694 1163 117 118 119 W 1169 117 117 118 244 1197 3697 3695 696 1191 116 116 117 117 1181 118 1189 Y 3702 3 718 z w 3704 3708 3712 3716 )11~ 3705 \ NORTH DENMARK CT. E 3711 3715 3732 3728 G'~ • 3724 3723 3719 3740 3725 3737 3741 3744 3756 3758 3733 3752 3727 3748 3729 K 19 376 3747 3745 ENMp•R 3749 D PETITIONERS 37 PRK ~R' 3762, ENM 3770 3753 O 3769 3771 766 3784 3767 3779 375 376 3794 3763 3787 QQ 3757 3795 JGO 3759 3761 vV Lij Q Z W G:FeasRe orts2005 DenmorkTrail Petition Ma Porkin City of Eaffln Denmark Avenue - Petitioners Map 1498/30/06 Engineering Department Winter Parking Schedule FOR CITY USE ONLY Date Received Q "vZ~% ~~O •Y of Date Presented CIf aTo Council t Approved ❑ PETITION Denied ❑ DESIGNATE A WINTER PARKING SCHEDULE I/We, the undersigned, hereby petition the City Council of the City of Eagan to designate a winter parking schedule by allowing parking on the south and east sides of certain streets listed below on even calendar days and allowing parking on the north and west sides of certain streets listed below on odd calendar days from November 15 to April 15 of the following year. We further petition the installation of associated permanent signing on the certain streets listed below to identify these designations. The winter parking designations and associated permanent signing are petitioned for the following streets: Denmark Trail West, Denmark Trail East, Denmark Court West and Denmark Court East. I/We request this parking designation for the following reasons: • All houses on Denmark Trail West and Denmark Court West are odd-numbered and all houses on Denmark Trail East and Denmark Court East are even-numbered. The current winter parking regulations only allow parking on these streets every other day between November 15 and April 15. • The proposed designations of a winter parking schedule would allow parking on one side of these streets each day. The side of the street where parking is allowed would alternate each calendar day between November 15 and April 15 and would be identified with permanent signing. • The proposed designation would help relieve parking inconveniences caused by the "No Parking" restrictions that exist on the west side of Denmark Avenue required by the recently completed construction. • The proposed designations would allow snow removal to occur on a similar schedule with the majority of streets in the City. I/We request that the City Council take this petition request under consideration at its earliest opportunity. Name (Please PRINT and INITIAL)) , ADDRESS 1. LU 2. 0-orle"t ~46ocAL-e ~;_761 4 M. 3-7 Sci 3. 4. (Ifv~ GAForms\Petitions\Winter Parking Schedule- Denmark Cul-d-sacs.doc ~ 5~ FOR CITY USE O LY Date Received q -W Date Presented ~ ~To Council City of Approved ❑ PETITION Denied ❑ DESIGNATE A WINTER PARKING SCHEDULE I/We, the undersigned, hereby petition the City Council of the City of Eagan to designate a winter parking schedule by allowing parking on the south and east sides of certain streets listed below on even calendar days and allowing parking on the north and west sides of certain streets listed below on odd calendar days from November 15 to April 15 of the following year. We further petition the installation of associated permanent signing on the certain streets listed below to identify these designations. The winter parking designations and associated permanent signing are petitioned for the following streets: Denmark Trail West, Denmark Trail East, Denmark Court West and Denmark Court East. I/We request this parking designation for the following reasons: • All houses on Denmark Trail West and Denmark Court West are odd-numbered and all houses on Denmark Trail East and Denmark Court East are even-numbered. The current winter parking regulations only allow parking on these streets every other day between November 15 and April 15. • The proposed designations of a winter parking schedule would allow parking on one side of these streets each day. The side of the street where parking is allowed would alternate each calendar day between November 15 and April 15 and would be identified with permanent signing. • The proposed designation would help relieve parking inconveniences caused by the "No Parking" restrictions that exist on the west side of Denmark Avenue required by the recently completed construction. • The proposed designations would allow snow removal to occur on a similar schedule with the majority of streets in the City. I/We request that the City Council take this petition request under consideration at its earliest opportunity. Name Please PRINT and INITIAL ADDRESS 1. 3~ 3 3,~. 2. 2~v 3. ~l~ t✓ CtJ 4. ~ fL UJ655 box 0- IV 5.-r 3702 i>,,MgrK; Gt P GAForms\Petitions\Winter Parking Schedule- Denmark Cul-d-sacs.doc 1151 JAo 440=-~, ~evc~ Fi~cher,~c -3 '1 en m" ~~}v i ~ € ~ /~uR/J/~fhm 37 S-~' l~ m Rr2~C Tit, I Q 3668 3666 3667 366 ~oo0 1« 1307 1243 130 1297 3670 367 1214 1218 1217 215 DOVE KOLSTAD 367 ,16 qDDI 1211 215 1249 1295 TIM ERS ORE 212 6 oUR,G 11 4 117 308 13061300 1209 207 3680 1158 129 1162 168 120 1203 1205 1250 302130 1292 1201 1310 304 3687 TIMBERSHORE LN. 119 1294 3694 1163 117 118 119 199 3693 W 1169 117 117 118 1197 1244 3697 3695 Q 696 116 116 117 117 1181 118 1189 1191 Y 3702 rY 3718 z w 3704 3708 3712 3716 Q NORTH 3705 DENMARK CT. E. 3711 3719 3715 3732 3728 3724 ~ 3723 r" 3740 1 PARKING 6AM-6 PM 3725 3737 3741 3744 3756 3758 EVEN DAYS 3733 3752 NOV 15-APR 15 3727 3748 3729 _ J?,. S. 376 3747 3745 oeN& K 3749 3751 DEtAMPSF ~R'NN 3762 3770 3753 376 9 3771 766 3757 3784 375 376 3779 3763 3787 3794 3757 O,`.~ ~O 3795 _A1 ! 45G 3759 3761 Vv Q G:FeosRe orts2005 DenmarkTroil PetitionMO Parkin 4111~ City of Ea u Denmark Avenue - Recommended 53 Winter Parking Schedule & Signage ( Even ays) 8i30/06 Engineering Department 11 04 ni L_. 308 1306 1300 G n1244 y. 3680 1168 168 1176 1 129 1 162 17 IW 1292 302130 TIMBERSHORE 1294 3694 1163 117 3693 W 1169 117 117 1310304 3687 3697 3695 Q 3696 116 116 117 117 1181 Y 3702 Q Y 3718 z w 3704 3708 3712 3716 0 3705 NORTH DENMARK T. E. 3711 3715 3732 3728 3724 3723 3719 3740 3725 3737 3741 3744 3756 3758 PARKING 3733 3752 3727 3748 6 AM - 6 PM 3729 TR E. 376 ODD DAYS 3747 3745 DeN0p,9K N6Y 15-APR 15 3749 3751 RK IR•~ 3762 DENMP 3770 3753 3769 3771 766 3784 3767 3779 375 376 3794 3763 3787 3757 0~0 3795 45G 3759 3761 ~i Lij Q Q~ z W G:FeosRe orts20D5 DenmorkTrail Petition Ma Porkin City of Eagan Denmark Avenue - Recommended 15q 8/30/06 Engineering Department Winter Parking Schedule & Signage ( Odd Days) Agenda Information Memo September 5, 2006 Eagan City Council Meeting F. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to prepare an Ordinance Amendment to Chapter 11 to establish screening requirements for roof and ground mounted mechanical equipment. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ Planning staff worked with the Advisory Planning Commission (APC) through 2005 at several workshops to review and discuss the merits and advantages of existing exterior material finish standards imposed by Eagan in Cedar Grove and other metro cities. ➢ These design and finish standards were adopted by the City Council earlier this year. ➢ Consistent with the ordinance work that has been completed in regard to exterior building finishes in commercial and industrial districts, a uniform standard for screening building mechanical equipment will complement that work and will enhance the appearance of buildings throughout Eagan. While requirements to screen mechanical equipment have been included in some development approvals and planned developments, a current zoning standard exists only in the Cedar Grove District (CGD). A standard requirement in the zoning code could be applied to all new construction and in upgrades and equipment replacement on existing buildings. ➢ This would be an amendment to Chapter 11 which will require a Public Hearing to be held by the APC before returning to the Council for formal action. ATTACHMENTS: (1) Existing CGD language on page. I 6. All mechanical equipment, whether roof-mounted or ground-mounted, shall be completely screened from the ground-level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. 7. All exterior trash enclosures or other accessory structures shall be constructed of the same materials and colors as the principal building. 8. Consistent interior window treatments are required for windows that are visible from a public street or open space in offices and multiple residential complexes. 9. All buildings containing non-residential uses on the ground floor shall meet the following standards: a. The building shall have entrances to a street or public open space spaced no more than one hundred (100) feet apart. b. Entrances shall be oriented conveniently to the street frontage and to on-street and off-street parking serving the use. 10. All buildings containing residential uses on the ground floor shall have a first floor elevation at least two and one half (2-1/2) feet above the adjacent street level in the front yard. This standard may be modified with a variance in unique or hardship situations if the intent is preserved. In addition, each first-floor unit must have an individual private entrance at street level. All such residential units must meet ADA and other applicable access requirements. 11. Trash Handling: All trash, recyclable materials, and equipment for handling them, including compactors, shall be completely screened from eye level view from public streets and adjacent properties, whether in the front, side or rear, either by being stored within the principal structure, completely screened from view by the principal building, or stored within an accessory structure constructed of the same materials and colors as and City of Eagan Zoning Regulations Cedar Grove District Adopted December 2002, modified January 2003 page 13 15~ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER SEPTEMBER 5, 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approval of Findings of Fact, Conclusions and Resolution for the Use of Eminent Domain for the Acquisition of the All American Recreation Property at 3820 Sibley Memorial Highway F. OTHER BUSINESS G. ADJOURNMENT 15'~ Agenda Information Memo Eagan Economic Development Authority Meeting September 5, 2006 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the August 15, 2006 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the August 15, 2006 EDA meeting on pages MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 15, 2006 A meeting of the Eagan Economic Development Authority was held on Tuesday, August 15, 2006 at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Carlson 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 Community Development Director Hohenstein noted that item 2 under New Business regarding a property management service contract with Griffin Companies for operation of the Cedarvale Mall property would be continued to the August 22, 2006 Special City Council meeting. Commissioner Tilley moved, Commissioner Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the July 18, 2006 meeting as presented. Aye: 5 Nay: 0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT - PUBLIC HEARING TO CONSIDER THE USE OF EMINENT DOMAIN FOR THE ACQUISITION OF THE ALL AMERICAN RECREATION PROPERTY AT 3820 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the proposed use of eminent domain for the acquisition of the All American Recreation property at 3820 Sibley Memorial Highway. He noted that facts and background with respect to the history of the proposed acquisition and possible findings in the background memos in the EDA packet. President Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Board. Commissioner Maguire noted that no one had appeared to object to the public purpose of the proposed acquisition. Commissioner Carlson moved, Commissioner Fields seconded a motion to close the public hearing to consider the public purpose of acquisition of All American Recreation (JR Mega) property located at 3820 Sibley Memorial Highway and to direct preparation of findings of fact for approval of the use of eminent domain to be considered at a future City Council - EDA meeting. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT - PROPERTY MANAGEMENT SERVICE CONTRACT WITH GRIFFIN COMPANIES FOR OPERATION OF THE CEDARVALE MALL PROPERTY It was noted that this business item was continued to the August 22, 2006 City Council workshop as part of the approval of the agenda. NORTHEAST EAGAN REDEVELOPMENT DISTRICT CONSENT TO COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC TO M&I MARSHALL & ILSEY BANK Community Development Director Hohenstein discussed a request by MG Eagan, developer of the Northeast Eagan Redevelopment District, as part of its financing, to consider an agreement for collateral assignment of the development agreement to its financing institution, Marshall & Isley Bank. Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution to consent to the collateral assignment of the Development Agreement between the City and MG Eagan, LLC to M&I Marshall & Ilsey Bank and to authorize the EDA President and Executive Director to execute the appropriate documents. Aye: 5 Nay: 0 NORTHEAST EAGAN REDEVELOPMENT DISTRICT ISSUANCE OF PHASE I TAX INCREMENT NOTE TO INTERSTATE PARTNERS FOR GRAND OAKS REDEVELOPMENT Community Development Director Hohenstein discussed a request for the Phase I TIF Revenue Note to be issued for completion of Phase I improvements to the Northeast Eagan Redevelopment District. Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a resolution to certify that the Grand Oak CR LLC has substantially completed the Phase I minimum improvements under its TIF development agreement in the Northeast Eagan Redevelopment District, to authorize the EDA Executive Director to execute the certificate of completion for that Phase and to authorize the EDA President and Executive Director to execute the Tax Increment Revenue Note for that Phase. Aye: 5 Nay: 0 OTHER BUSINESS It was noted that an executive session to discuss negotiations for the acquisition of the Cedarvale Shell Station and relocation negotiations regarding Grand Slam in the Cedarvale Mall would be held after regular business of the City Council meeting is completed. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting September 15, 2006 1. CEDAR GROVE REDEVELOPMENT DISTRICT - RESOLUTION TO AUTHORIZE THE USE OF EMINENT DOMAIN FOR THE ACQUISITION OF THE ALL AMERICAN RECREATION PROPERTY AT 3820 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To approve the findings of fact, conclusions and resolution to authorize the use of eminent domain for the acquisition of All American Recreation (JR Mega) property located 3820 Sibley Memorial Highway and authorize the execution of the documents by the EDA President and Executive Director and Mayor and City Clerk. 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. • As the process leading up to the redevelopment of the area has been going on, the City has considered the acquisition of properties, in which there is a willing seller. • The All American Recreation property is a core property in the initial phase of redevelopment of the Redevelopment District. • With respect to the All American Recreation property, staff has discussed the possible acquisition of the property with its owner, Gerald Schiltz, doing business as JR Mega Inc. • In keeping with its past practice, the City asked Mr. Schiltz if he would be interested in preparing an appraisal of the value of the property on which to base negotiations for purchase. In lieu of doing so, in February, Mr. Schiltz sent correspondence asking the City to make an offer for his property. • The City had an appraisal prepared and, on its basis, an offer of $1.25 million was made to Mr. Schiltz for the property. Mr. Schiltz has responded that he believes that the offer is insufficient, but he has not made a counteroffer or submitted appraisal information that would provide the basis for further negotiation. • At its meeting of July 6, 2006, the EDA and City Council scheduled a public hearing for its meeting of August 3, 2006. When the August 3 meeting was rescheduled for July 31, the EDA and Council also rescheduled the Public Hearing in this regard to August 15, 2006 to permit adequate time for published and mailed notice to be made. • At the public hearing on August 15, 2006, the EDA reviewed the facts related to the matter. No one appeared to testify in its regard. The EDA then directed the preparation of findings of fact, conclusions and a resolution to authorize the use of eminent domain to acquire the property, to be considered at this meeting. ATTACHMENTS: • Redevelopment District map on page • Resolution on pages i I NNftil~taa~a r~ t ` 3i{va-Bd1:Rd 1 Cedar-Grove- edevelopment~Area, t r l Cedatvale Mall Site J~ , 4- _L x <yyr'~ ' rINNIi y f s ` 1` 0 325 850 1.300 Feet d V*FGOgw Cedar Grove Redevelopment Area Cedarvale Mall Site - ~q3 BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Condemnation of a Certain Property Located in Section 19, Township 27, Range 23, located at 3820 Sibley Memorial Highway, FINDINGS OF FACT, more commonly known as the All-American CONCLUSIONS AND Recreation Property located in the Cedar Grove RESOLUTION Development District and Tax Increment Financing District No. 1 This matter came before the Eagan Economic Development Authority (the "EDA") at its meeting of August 15, 2006. The EDA received and considered input from City staff together with all existing files, records and prior proceedings and material as presented to the EDA. JR Mega, Inc. (the "Owner") did not appear. No member of the public offered comment at the hearing. Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District"), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications to create a Special Area, the adoption of Cedar Grove District building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA established the Redevelopment District and the City created and established a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove Redevelopment Area, all pursuant to the authority granted by Minnesota Statutes, Sections 469.090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"). 3. Pursuant to the Acts on or about October 2, 2001, the EDA adopted and the City approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the Redevelopment District. The TIF Plan was certified on July 22, 2003. 4. The adoption of the Redevelopment Plan and the TIF Plan conforms in all respects to the requirements of the Acts and will help fulfill a need to redevelop an area of the City which is already built up, and help correct conditions that allow designation as a redevelopment district under Minnesota Statutes, Section 469.174, including, but not limited to: acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution or contaminants; acquiring adjacent parcels necessary to provide a site of sufficient size to permit development; demolition and rehabilitation of structures; clearing of the land; the removal of hazardous substances and remediation necessary for development of the land; and the installation of utilities, roads, sidewalks, and parking facilities for the site 5. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has previously determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 6. The EDA and the City have entered into development agreements with developers in furtherance of the TIF Plan and in accordance with the City's plans for the redevelopment of the Redevelopment District. 7. General facts concerning the Redevelopment District and the development agreements are as follows: • Short Elliot Hendrickson, Inc. (SEH) was hired by the City to survey, evaluate and perform an analysis of properties (the "Redevelopment Eligibility Assessment") in the Cedarvale/Cedar Grove commercial area on the east side of Cedar Avenue/Hwy 77 at its intersection with Hwy 13. A true and correct copy of the map showing the area is on file in the Eagan Community Development Department and is incorporated herein by reference. • On September 28, 2001, SEH prepared the Redevelopment Eligibility Assessment, a true and correct copy of which is on file in the Eagan Community Development Department and incorporated herein by reference, finding that properties within the Redevelopment District met the standards necessary under Minnesota statutes to qualify as a redevelopment Tax Increment Financing District. • The Redevelopment Eligibility Assessment found that the TIF District consists of 88 parcels. At least 70 percent of the area in the parcels in the TIF District are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and more than 50 percent of the buildings in the TIF District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance, and in particular, the properties were found to have the following Code deficiencies: o Heating, ventilation, and cooling systems; o Electrical systems; o Energy Code compliance; o General egress, construction and accessibility; and o Fire protection systems; In addition, the following Systems Condition deficiencies were observed and found to exist: o Structural and construction type; o Maintenance; o Zoning; o Condition and appearance; and o Useful life. • One purpose for the TIF District under the TIF Plan is to replace an obsolete regional shopping center and to provide new life-cycle housing options for existing Eagan residents, as well as to enhance the public transit infrastructure by correcting a number of traffic problems within the TIF District. • The TIF Plan makes a finding that but-for creation of the TIF District, the intended redevelopment activity would not happen. The City's Redevelopment Consultant has reviewed the financial proforma for the proposed development and has prepared a memo indicating, likewise, that the specific proposed redevelopment contemplated by the Development Agreement would not occur but-for the assistance outlined in the Development Agreement, regardless of and not dependent upon whom the developer is for the proposed redevelopment. • The TIF assistance to the project is outlined in the proforma for the development and will be transferred in stages at the completion of each development phase. 8. The City has been in discussion with the Owner, regarding the purchase of the property commonly referred to as the All American Recreation building and comprising two parcels, (the "Property), legally described as follows: Tax Parcel 10-01900-050-04 That part of the NE 1/4 of Section 19, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the NE corner thereof; thence South 0 degrees 31 minutes 30 seconds East along the East line of said NE 1/4 distant 609.74 feet, said East line being the centerline of Town Road; thence South 38 degrees 27 minutes 22 seconds West along the centerline of said Town Road 11.31 feet; thence North 44 degrees 36 minutes 10 seconds West distant 249.80 feet to the actual point of beginning; thence South 47 degrees 52 minutes 26 seconds West distant 150.0 feet; thence North 44 degrees 36 minutes 10 seconds West distant 290.40 feet to a point of 40.0 feet Southeasterly of the Southeasterly right of way line of State Highway #13; thence Northeasterly parallel with said right of way line 150.0 feet to its intersection with a line drawn North 44 degrees 36 minutes 10 seconds West from the point of beginning; thence South 44 degrees 36 minutes 10 seconds East 290.40 feet to the point of beginning. Also a non-exclusive perpetual easement to be used in common with adjoining property for roadway purposes over and across the following described property: That part of the NE 1/4 of Section 19, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the NE corner thereof, thence South 0 degrees 31 minutes 30 seconds East along the East line of said NE 1/4 distant 609.74 feet, said East line being the centerline of Town Road; thence South 38 degrees 27 minutes 22 seconds West along the centerline of said Town Road 11.31 feet; thence North 44 degrees 36 minutes 10 seconds West distant 540.20 feet to a point 40.0 feet Southeasterly of the Southeasterly right of way line of State Highway #13, said point being the actual point of beginning; thence Southwesterly parallel with said right of way line 150.0 feet; thence North 44 degrees 36 minutes 10 seconds West; distant 40.0 feet to said right of way line; thence Northeasterly along said right of way line 150.0 feet to its intersection with a line drawn North 44 degrees 36 minutes 30 seconds west from the point of beginning; thence South 44 degrees 36 minutes 30 seconds East distant 40.0 feet to the point of beginning, AND Tax Parcel 10-01900-060-04 That part of the Northeast'/4 of Section 19, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at the Northeast comer thereof; thence South 0 degrees 31 minutes 30 seconds East along the East line of said N.E. '/4 distant 609.74 feet, said East line being the centerline of Town Road, thence South 38 degrees 27 minutes 22 seconds West along the centerline of said Town Road 11.31 feet to the actual point of beginning; thence continuing South 38 degrees 27 minutes 22 seconds West along said centerline 150.98 feet; thence North 44 degrees 36 minutes 10 seconds West 274.60 feet; thence North 47 degrees 52 minutes 26 seconds East distant 150.0 feet to its intersection with a line drawn North 44 degrees 36 minutes 10 seconds West from the point of beginning; thence South 44 degrees 36 minutes 10 seconds East distant 249.80 feet to the point of beginning. 9. The EDA has made good faith efforts to acquire the property. An appraisal was made of the property by BRKW Appraisals, Inc., and on the basis of the fair market value as determined by that appraisal, an offer was made to the property owner, which was declined. 10. The City and the Owner have reached an impasse in the negotiations for the purchase of the Property by the City. 11. Acquisition of the Property is necessary to carry out the redevelopment of the Redevelopment District. 12. The City and the EDA published in the requisite legal newspaper the Notice of Hearing on July 30, 2006, which is no more than 30 days nor less than 10 days prior to the hearing by the EDA to consider acquisition of the Property identified above and below by exercise of the EDA's powers of eminent domain. 13. The EDA sent the Notice of Hearing to the Owner, by registered United States mail on August 2, 2006, which is no less than 10 days prior to the hearing by the EDA to consider acquisition of the Property identified above and below by exercise of the EDA's powers of eminent domain. 14. No one appeared at the public hearing to object to or otherwise comment on the public purpose of use of eminent domain for the consideration of acquisition of the Property. CONCLUSIONS 1. The City, by adoption of an enabling resolution in compliance with the procedural requirements of Minnesota Statute Section 469.093, established the EDA having the powers contained in Minnesota Statutes Sections 469.090 to 469.108. 2. The Property is located within the Redevelopment District and its acquisition is necessary to carry out the Redevelopment Plan and the redevelopment of the Property will lead to substantial economic development. 3. The redevelopment of the Property is proper and desirable and will help eliminate structurally substandard buildings in an area of blight, modernize outdated and incompatible buildings, increase the tax base and employment and further the City's ultimate objective of creating an economically viable Redevelopment District. 4. The conceptual development plan for the Redevelopment District, including the Property, is generally in conformance with the City's Comprehensive Guide Plan, and zoning ordinance and further appears to be consistent with the surrounding development and development plans for the Redevelopment District. 5. The EDA has been unable to purchase the Property through direct negotiation. 6. The Property considered to be acquired by the EDA will be acquired for public uses and public purposes and the use of eminent domain is necessary in furtherance of the Redevelopment District within the City. RESOLUTION The EDA does hereby resolve that acquisition of the Property commonly referred to as the All American Recreation building is necessary to carry out the Redevelopment Plan within the Redevelopment District. The City staff, the EDA's advisors and legal counsel are authorized and directed to acquire the Property through the exercise of eminent domain, including the use of quick take. Dated at Eagan, Minnesota this day of 72006. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Pat Geagan Its: President By: Thomas L. Hedges Its: Executive Director Agenda Information Memo Eagan Economic Development Authority Meeting September 5, 2006 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.