11/09/2006 - City Council RegularAGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
November 9, 2006
6:30 P.M.
\ I. ROLL CALL & PLEDGE OF ALLEGIANCE
Q. i II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess)
III. RECOGNITIONS & PRESENTATIONS
P. a A. Retirement of Mike Schrader
IV. CONSENT AGENDA
f 3 A. APPROVE MINUTES
P. I3 B. PERSONNEL ITEMS
C. APPROVE CHECK REGISTERS
PJI D. APPROVE Resolution Accepting Donation from Home Depot for the Eagan Fire Department
P. (7 E. ACCEPT Grant in the amount of $2,000 from the Walmart Foundation to the Eagan Police Department
pIg F. ACCEPT resignation of Dean Haehnel from the Airports Relations Commission and appoint Steve Beseke to
3 complete the term which expires in April, 2007
P. (t G. APPROVE Temporary On-sale Liquor License and waive license fee for Faithful Shepherd Catholic School
H. APPROVE 2007 Cascade Bay User Rates and 2007 Budget
I. APPROVE Execution of Release of Regulatory Agreement - Woodridge Apartments
J. Item removed
f .*K. AUTHORIZE Cooperation with Dakota County Environmental Services in Site Assessment Project in the Cedar
p Grove Redevelopment District
P ap L. APPROVE Final Subdivision for Oldre Addition, (2900 Skyline Drive in the SE '/4 of Section 4)
10 30M. APPROVE Final Subdivision for Eagandale Center Industrial Park No. 19 (SW corner of Lexington Avenue and
f.,' Lone Oak Road in the NE 1/4 of Section 10).
A N. RECEIVE Assessment Roll and Schedule Public Hearing (Dec. 4, 2006) for Project 776, (Yankee Doodle Road -
Street Improvements)
P63 O. RECEIVE Petition and Schedule Public Hearing (Dec. 4, 2006) for Easement Vacation (Silicon Graphics First
Addition)
NP P. RECEIVE Right-of-Way Turnback from MnDOT, O'Neil Drive
Q. REJECT Bid for Contract 06-08, Sibley Terminal Industrial Park / Northridge Drive/Fish Lake Outlet/Shawnee
Road - Storm Sewer Improvements
R. RECEIVE Petition and Schedule Public Hearing for December 4, 2006 for Easement Vacation - Lena Court
146 S. APPROVE 800mhz Antennae Lease Agreement with Dakota County (Sperry Reservoir)
T. Item removed
1p4? U. APPROVE Design Contract for Thresher Fields Service Building
(4(p V. APPROVE Final Assessment Settlement Agreement (Project 874 - Cina)
LW W. DIRECT Staff to Prepare an Ordinance Amendment to Chapter 11 Regarding Sign Permits
V. PUBLIC HEARINGS
e LJ Q A. CERTIFICATION of Delinquent False Alarm Bills
B. CERTIFICATION of Delinquent Weed Cutting Bills
?p5a C. CERTIFICATION of Delinquent Utility Bills
p,?3D. VARIANCE - Spectrum Development - Variance of 5' and 15' to the required 20' parking setback from a public
right-of-way for Lot 3, Block 1, Spectrum Business Park in the NW '/4 of Section 2
E. PROJECT 928, Final Assessment Hearing, Alexander Road / Meadowview Road (Street Improvements)
to be continued to December 4, 2006
8SF. EASEMENT VACATION (Outlot A, Riverpark Office Center)
VI. OLD BUSINESS
P[/J A. Canvass of Ballots - November 7, 2006 Municipal Election
VII. NEW BUSINESS
qa A. Consider EAGAN ART HOUSE PROPOSAL
qtp B. WETLAND DELINEATION REPORT - WETLAND REPLACEMENT PLAN - Lone Oak Business Campus, 565
p Lone Oak Road in the SE '/4 of Section 01.
C. PRELIMINARY PLANNED DEVELOPMENT - Lone Oak Business Campus - A Preliminary Planned Development
of 85+ acres to create a business campus located at 565 Lone Oak Road in the SE 1/4 of Section 01.
/ f D. RESOLUTION FOR SUPPORT for Cedar Grove Transit/BRT Station Concept Plan.
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
2 47 A. APPROVE submittal of legislation to improve representation of the Noise Oversight Committee communities on the
Metropolitan Airports Commission (MAC).
IX. ECONOMIC DEVELOPMENT AUTHORITY
i . IS A. Call to Order
B. Adopt Agenda
C. Approve Minutes
D. Old Business
1. CEDAR GROVE REDEVELOPMENT DISTRICT - Update regarding status of Core Area Redevelopment
Agreement with Schafer Richardson
E. New Business
1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Consent to Collateral Assignment of Development
Agreement between the City and MG Eagan, LLC to LaSalle Bank
F. Other Business
G. Adjournment
X. ADMINISTRATIVE AGENDA
XL VISITORS TO BE HEARD (for those persons not on agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96
hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
A City of Eaall MeMo
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 3, 2006
SUBJECT: AGENDA INFORMATION FOR NOVEMBER 9, 2006 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the November 9, 2006 City Council agenda, the following items are in
order for consideration.
Consent Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
RECOGNITIONS & PRESENTATIONS
A. RETIREMENT OF MIKE SCHRADER
ACTION TO BE CONSIDERED:
Recognition of Officer Michael Schrader's 18 years of service to the City of Eagan
FACTS:
• Officer Schrader is retiring after 28 years of law enforcement service, 18 of those
years serving with the Eagan Police Department.
Officer Schrader was instrumental in staff development. Because of his teaching
abilities, commitment to training new officers, participation in defensive
tactics/firearms, and being a SWAT member, the Eagan Police Department enjoys
the reputation of having highly skilled and knowledgeable personnel.
• Officer Schrader was also instrumental in the development of the department's
Chaplain's Corps Program.
a
Agenda Information Memo
November 9, 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 October 10, 2006 Special City Council meeting and October 17,
2006 regular City Council meeting as presented or modified.
ATTACHMENTS:
• Minutes of the October 10, 2006 Special City Council meeting are enclosed on pages 4
through 7---
• Minutes of the October 17, 2006 regular City Council meeting are enclosed on pages
through .
3
MINUTES
SPECIAL CITY COUNCIL MEETING
OCTOBER 10, 2006
5:30 P.M.
EAGAN ROOM - EAGAN MUNICIPAL CENTER
City Councilmembers present: Mayor Geagan, Councilmembers Carlson, Fields, Maguire,
and Tilley.
City staff present: City Administrator Hedges, Director of Administrative Services
VanOverbeke, Director of Community Development Hohenstein, Director of Public Works Colbert,
Chief of Police McDonald, Director of Communications Garrison, City Engineer Matthys, City
Planner Ridley, Water Resources Coordinator Macbeth, and Administrative Intern Ziemer.
1. ROLL CALL AND AGENDA ADOPTION
Mayor Geagan called the meeting to order. Councilmember Fields moved; Councilmember
Maguire seconded a motion to adopt the agenda.
Aye: 5; Nay: 0
II. VISITORS TO BE HEARD
There were no visitors to be heard.
III. RECEIVE ORFIELD NOISE MONITORING ANALYSIS
City Administrator Hedges introduced this item and provided background on the City's
efforts to determine community noise impacts and changes related to the operation of the new
north-south 17/35 Runway. City Administrator Hedges introduced Administrative Intern Ziemer
who provided additional background regarding the purpose of the study, the results at the various
monitoring sites, and introduced Elliot Dick of Orfield Laboratories. Mr. Dick presented the raw
data collected from the Phase II study and a detailed analysis of the comparison of the Phase I and
Phase II studies. He sited numerous factors including a change in the number of total flights
between the two phases, the mix of arrivals and departures, and location within Eagan that make
definitive conclusions difficult. In general, the use of noise averaging which is the official
methodology in place at this time and is used for compliance studies, results in very little difference
in noise levels between the two Eagan studies. In response to City Council suggestions that that
conclusion does not match community experiences, Mr. Dick and Steve Orfield explained in more
detail how the methodology used generates a measurement of noise averages over time while noise
to citizens is an event. They also noted that a noise event may have an annoyance factor much
higher than what would be expected from an average noise level and that the earlier Wyle
Laboratories work was a compliance study.
After considerable discussion about the effectiveness of the information that was gathered, its
potential limitations in explaining noise events to the community, and whether or not more useful
data could be extrapolated from the report, the City Council accepted the report. Further, the City
Council directed the Airport Relations Commission to: 1) study the noise impacts on various sites in
more detail; 2) to determine whether or not better compliance standards could be promoted through
legislation; 3) to determine other ways to influence the collection of more useful data; and 4) to
review the options available to Eagan to gather and/or extrapolate data to distribute information that
would be meaningful to the community.
IV. RECEIVE UPDATE ON PRELIMINARY PREPLANNING EFFORTS TO ENSURE
CONTINUITY OF GOVERNMENT OPERATIONS - MANAGE THE PANDEMIC EVENT
City Administrator Hedges introduced this item and presented background on the staff
planning that is underway for a possible Avian Influenza Pandemic. Chief of Police McDonald
provided an overview to the City Council including a brief history of Avian Flu, the assumptions as
developed by the Minnesota Department of Public Safety being used as a basis for City planning
efforts, and a synopsis of City actions to date.
In response to a question from Mayor Geagan Chief McDonald reported that the plan being
developed for the potential Avian Flu Pandemic would not replace the City's existing Emergency
Preparedness Plan but would be a mini-plan to augment it.
V. REVIEW PROPOSED BURNSVILLE / EAGAN COMMUNITY TELEVISION (BECT)
2007 OPERATING BUDGET
City Administrator Hedges presented the background information on the development of the
Burnsville/Eagan Community Television 2007 Operating Budget and the requested action for the
meeting. Director of Communications Garrison outlined specifics of the budget including the
assumption that activities would continue as usual and the potential for Federal Government action
that would potentially disrupt that assumption. He also pointed out the present need for capital
spending to maintain a functional system and the progress on the one year lease for the facility as
previously directed by the two cities. Director Garrison pointed out the fund balance projections
and the future need for more revenue to include additional partnerships. Development of additional
revenue sources remains a priority in the 2007 work plan.
The City Council directed staff to place the proposed 2007 Burnsville/Eagan Community Television
Budget on a future regular City Council meeting consent agenda for formal ratification.
VI. RECEIVE AN UPDATE ON THE 2008 COMPREHENSIVE PLAN UPDATE
City Administrator Hedges provided background on the status of the 2008 Comprehensive
Plan Update and outlined a process for a review of the update as developed to date and presented in
the packet. City Administrator Hedges noted that staff did not plan to make a formal presentation
and would primarily respond to questions, although a more detailed presentation was contemplated
for the surface water management element of the Plan.
The City Council recessed at 6:44 p.m. and reconvened at 6:53 p.m.
Director of Community Development Hohenstein stated that the presentation at this meeting was
expected to serve as a checkpoint for the City Council and that the Plan would be brought back in
the spring after additional work had been completed and any additional suggestions incorporated
into the document. He noted there are two overarching themes included in the nine sections of the
report; those being the aging demographics of the Eagan population and the aging of both public
and private facilities and the need to reuse, revitalize or redevelop certain properties. He further
noted that the sections on emerging issues and trends help frame the public policy issues for the
City Council.
The following nine sections were presented for discussion by the City Council:
1. LAND USE - In response to a question City Planner Ridley stated that approximately
96% of the land in the City was built on or designated as open space. The 4% balance is
guided primarily (approximately 75%) for commercial/industrial uses.
2. TRANSPORTATION - In addition to the on-going studies emerging issues include a
growing desire for walkability, improved transit service, and the need to identify
additional funding sources for future transportation improvements.
3. AVIATION/AIRPORTS - The evolution of the use of the new north-south runway and
related noise impacts is an important issue in this section of the Plan.
4. PUBLIC UTILITIES (SANITARY SEWER) - A key component of this Plan section is
the determination of the sources and potential remediation efforts related to inflow and
infiltration of ground water into the sanitary sewer system.
PUBLIC UTILITIES (STORM SEWER) - There is crossover between this section with
surface water management to be discussed later in the Plan. A major component of this
section relates to the managed conveyance of storm water flows into, through, and from
Lebanon Hills Regional Park.
PUBLIC UTILITIES (WATER SUPPLY & DISTRIBUTION) - It was noted that the
future of the Sperry Water Tower would be studied and that additional water
conservation measures would be studied.
Director Hohenstein pointed out that the various systems in Public Utilities have had
numerous comprehensive plans prepared over the years to provide for the necessary
infrastructure.
PARKS & RECREATION - This section incorporates the work of the 20/20 Vision
planning process and adds it into the Comprehensive Guide Plan. The results of the
Patrick Eagan Park Master Plan will also provide potential land acquisition criteria that
will be helpful in the Comprehensive Guide Plan.
City Councilmember Carlson asked staff to investigate the Apple Valley Guide example to
see whether to differentiate between active park space and passive park space.
NATURAL RESOURCES (WATER QUALITY) -- Water Resources Coordinator
Macbeth presented the work that has been completed over the past year on the new 2007
City of Eagan Water Quality Management Plan. He explained the proposed vision, the
mission, the process used by the Water Quality Task Force, the Federal and State
Regulatory impact, operating goals and policies, public participation, and emerging
issues and trends. He noted the upcoming open house on November 13, 2006 and the
public hearing tentatively scheduled for February 6, 2007. Mr. Macbeth stressed the
transition to this future plan becoming more a local product with resulting responsibility
at the local level. It was noted in the discussion that the City can go beyond the State and
Federal regulations and may very likely decide to do that.
City Administrator Hedges noted that action to receive the Draft Water Quality
Management Plan and to authorize the public comment period is scheduled on the
October 17, 2006 regular City Council Agenda.
HOUSING PLAN - This section of the Plan will place an emphasis on life cycle
housing in response to the aging demographics of the community. It was noted that it
has not been permissible to use a land use designation to preserve land for future senior
housing sites.
8. ECONOMIC DEVELOPMENT - The development of this section will take place
primarily in early 2007 through coordination with the Economic Development
Authority.
9. COMMUNITY FACIITIES - The availability of high quality, redundant, high speed
internet service is emerging as a key in economic development and quality of life with
more services moving online. This section of the Plan will incorporate the work of the
Technology Task Force and the Technology Working Group. The recent work of the
Communications Committee was noted and City Administrator called the City Council's
attention to the notes included in the Additional Information Packet distributed on Friday
October 13, 2006. That material is also being forwarded to the Technology Working
Group for consideration at its next meeting.
Director Hohenstein again reminded the City Council that the next check on the draft
Comprehensive Guide Plan 2008 Update is scheduled for early to mid-spring of 2007 and asked that
any additional response or input to this presentation and to the material as written to date be
forwarded to staff for research and potential inclusion in the Plan.
VII. OTHER BUSINESS
There was no other business.
VIII. ADJOURNMENT
Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn at
7:28 p.m.
Aye: 5; Nay: 0
7
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
October 17, 2006
A Listening Session was held prior to the regular City Council meeting on October 17, 2006 in the Eagan Room.
There were no visitors who wished to be heard.
A regular meeting of the Eagan City Council was held on October 17, 2006 at 6:30 p.m. at the Eagan Municipal
Center. Present were Mayor Geagan, Fields, Tilley, and Maguire. Councilmember Carlson arrived at 6:45 p.m.
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
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as presented.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
There were no recognitions and presentations.
CONSENT AGENDA
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda as
presented. Aye: 4 Nay: 0
A. Minutes. It was recommended to approve the minutes of the October 3, 2006 regular City Council meeting
as presented.
B. Personnel Items.
1. It was recommended to approve the proposed reorganization of the clerical support staff in
Community Development by replacing one Clerical Tech III with a Clerical Tech IV and authorize
the advertisement of a Clerical Tech IV.
C. Check Registers. It was recommended to ratify the check register dated October 5, 2006 and October 12,
2006 as presented
D. Exempt Permit. It was recommended to approve an Exempt Permit for Faithful Shepherd Catholic School
E. Pigeon License. It was recommended to approve a license for Eric Drenckhahn to house pigeons on his
property at 2811 Pilot Knob Road.
F. Proiect 877. It was recommended to receive the Final Assessment Roll for Project 877 (Lexington Avenue,
Lone Oak Road to Trunk Highway 55 - Street Reconstruction an Overlay) and schedule a public hearing to
be held on November 21, 2006.
G. Amendment to Snow Plowing Agreements. It was recommended to approve the amendments to contractual
snow plowing agreements with Gallagher's, Inc. for the street and cul-de-sac snow removal and Bever
Landscaping for trail and sidewalk snow removal for the 2006-2007 winter season and authorize the Mayor
and City Clerk to execute all related documents
H. Project 04-R. It was recommended to acknowledge the completion of public infrastructure improvements
for City Project No. 04-R (Evergreen Enclave Addition) under terms of the Development Agreement and
authorize perpetual City maintenance subject to warranty provisions
1. Final Subdivision and Final Planned Development. It was recommended to approve the vacation of a
portion of public right-of-way (Gun Club Road) west of Biscayne Avenue in the SE'/4 of Section 36; a final
subdivision (Red Pine Crossing) to create two lots upon approximately 9.82 acres located south of Red Pine
Lane and east of Highway 3 in the SE '/4 of Section 36; 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
Highway 3 in the SE '/4 of Section 36.
J. Final Planned Development and Final Subdivision. It was recommended to approve a Final Subdivision of
21 acres to create 3 Lots and one Outlot on property located in the southwest corner of Yankee Doodle
Road and Highway 149 in the NW '/4 of Section 13 subject to conditions in the July 6, 2006 City Council
minutes; and a Final Planned Development to allow a 52,500 SF office/warehouse building on Lot 2, Block
9
Eagan City Council Meeting Minutes
October 17, 2006
Page 2
DRAFT
1, LoNidy, located in the southwest corner of Yankee Doodle Road and Highway 149 in the NW '/4 of
Section 13, subject to conditions in the July 6, 2006 City Council minutes.
K. Extension for Final Plat. It was recommended to approve a 60-day extension of time to record the final plat
for Manley Commercial Addition, located on O'Neill Drive south of 1-494 and west of Argenta Trail in the
NE '/4 of Section 1.
L. Cedar Bluff Housing Improvement Area. It was recommended to approve the implementation of a Housing
Improvement District under Minnesota Statutes Sections 428A.11 - 428A.21 by the adoption of
1. An ordinance establishing the Cedar Bluff Housing Improvements Area.
2. A resolution imposing fees on housing units within the Cedar Bluff Housing Improvement Area to
finance improvements.
3. A Development Agreement between the City and the Association.
M. Short Term Lease - Armful of Love Program. It was recommended to authorize the preparation of short
term lease agreement for Community Action Council - Armful of Love Program at Cedarvale Mall and
authorize the Mayor and City Clerk to execute the agreement.
N. Removed from Agenda.
0. Project 942. It was recommended to receive the Draft Feasibility Report for Project 942, Deerwood Drive
(Blackhawk Road to Pilot Knob Road - Street Improvements) and schedule a public hearing to be held on
November 21, 2006.
P. Project 943. It was recommended to receive the Draft Feasibility Report for Project 943 Wescott Road
(Pilot Knob Road to Denmark Avenue - Street Improvements) and schedule a public hearing to be held on
November 21, 2006.
Q. Final Assessment Rolls - City Projects 926/927/932/933. It was recommended to approve clarification of
the assessment roll property identification numbers for City Project No.'s 926 (Saddlehorn / Sunset /
Northview Meadows), 927 (Meadowland / Suncliffe / Beaver Dam Road) 932 (Whispering Woods / Slater
Acres / Slater Road), and 933 (Town Centre / O'Leary Lane / Golfview).
PUBLIC HEARINGS
PROJECT 930, SILVER BELL ROAD (NICOLS TO KENNEBEC)
STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements
for Silver Bell Road. Public Works Director Colbert gave a staff report.
Mayor Geagan.opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll
for Project 930 (Silver Bell Road - Street Overlay Improvements) and authorize its certification to Dakota County
for collection. Aye: 4 Nay: 0
PROJECT 931, ART RAHN / HILLANDALE STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements
for Art Rahn / Hillandale Additions. Public Works Director Colbert gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the Final Assessment Roll
for Project 931 (Art Rahn / Hillandale Additions - Street Overlay Improvements) and authorize its certification to
Dakota County for collection. Aye: 4 Nay: 0
9
Eagan City Council Meeting Minutes
October 17, 2006 R w F r
Page 3 OLD BUSINESS
MODIFICATION OF CONDITIONAL USE PERMIT - BEST BRANDS
(LOT 1, BLOCK 1, BEST BRANDS 2ND ADDITION)
City Administrator Hedges introduced this item regarding a request for a modification to the conditions of approval
regarding outside storage with the conditional use permit approved for Best Brands. City Planner Ridley gave a
staff report.
Councilmembers discussed the proposed modification regarding the bituminous surface and it was the consensus of
the Council that the site be inspected annually by City staff.
Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the request for a modification
to the conditions of approval regarding outside storage with the Conditional Use Permit approved for Best Brands on
Lot 1, Block 1, Best Brands 2"d Addition in the SE '/e of Section 8 with inspection of the recycled asphalt by City
staff annually. Aye: 5 Nay: 1 (Maguire opposed)
NEW BUSINESS
WATER QUALITY MANAGEMENT PLAN
PUBLIC COMMENT PERIOD
City Administrator Hedges introduced this item regarding the draft Water Quality Management Plan. Eric Macbeth,
Water Resources Coordinator presented the plan to the Council.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to receive the draft Water Quality
Management Plan and authorize a 60 day public comment period beginning October 18, 2006 and closing December
18, 2006. Aye: 5 Nay: 0
WETLAND DELINEATION - MADELYN WOODS
City Administrator Hedges introduced this item regarding the Wetland Delineation Report for Madelyn Woods.
City Planner Ridley gave a staff report.
Councilmember Fields moved, Councilmember Carlson seconded a motion to receive and affirm the Wetland
Delineation Report for Madelyn Woods. Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION (MADELYN WOODS)
VIRIDIAN VENTURES, LLC
City Administrator Hedges introduced this item regarding a Preliminary Subdivision to create eight single-family lots
upon approximately 5 acres for property located at 1810 and 1836 Cliff Road. City Planner Ridley gave a staff
report.
Chuck Ryan, representing the property owner and developer, discussed the proposed subdivision noting that as many
trees as possible will be preserved.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to
create eight single-family lots upon approximately 5 acres for property located at 1810 and 1836 Cliff Road in the
NE 1/4 of Section 32, subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February 2, 1993: A 1, B 1, B2, B3, B4, C 1, C2, C4, D 1, and E 1.
2. The property shall be platted.
3. The developer shall prepare and submit a noise abatement plan in accordance with Chapter 13.20,
Subd. 15, prior to final subdivision approval.
It,
Eagan City Council Meeting Minutes
October 17, 2006
Page 4
4FT
4. The applicant shall fulfill tree mitigation requirements through the installation of thirty-six (36)
Category B trees (or an equivalent combination of Category A and/or Category C trees).
5. The applicant shall submit a revised Tree Preservation Plan prior to Final Subdivision approval that
shows the correct placement of tree protection fencing required to protect the critical root zones of all
preserved trees. Required Tree Protective measures (i.e. orange colored silt fence or 4 foot
polyethylene laminate safety netting), shall be installed at the Drip Line or at the perimeter of the
Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site.
6. The applicant shall contact the City Forestry Division to set up a pre-construction site inspection at
least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan and placement of the Tree Protection Fencing.
7. All retaining walls shall be constructed outside the drainage and utility easements for the pond/wetland
areas.
8. 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.
9. 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.
10. Erosion control measures shall be installed and maintained in accordance with City Code and
engineering standards.
11. The proposed pipe draining to the easement area from the development shall be extended to the
elevation of the existing 24-inch pipe outlet elevation (-elevation 934.8).
12. On-site rate-control ponding for the development shall provide storage to contain the 100-year storm
event with a rate of runoff equal to the current pre-development conditions.
13. Stormwater runoff shall be treated on site via one constructed pond. The design and construction of the
treatment ponds and infiltration basins shall satisfy City standards and criteria. A cash dedication in
lieu of on-site ponding shall be required for that portion of the site that does not drain to the pond.
14. The wetland delineation report for the site shall be explicitly accepted as submitted.
15. All existing well and septic systems on the site, if any, shall be abandoned in accordance with Dakota
County and City standards as part of this development.
16. This development shall dedicate public right-of-way along Cliff Road (County Road 32) as required by
Dakota County.
17. The entrance monument shall be eliminated or relocated. Alternatively, an agreement may be executed
with the City that provides for location of the monument within the right-of-way and its maintenance.
18. This development shall be subject to a cash parks and trails dedication on the six new dwelling units.
LONE OAK BUSINESS CAMPUS ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW)
CITY OF EAGAN
City Administrator Hedges introduced this item regarding an Environmental Assessment Worksheet (EAW) for Lone
Oak Business Campus. City Planner Ridley gave a staff report.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to adopt a Negative Declaration on the
need for a Lone Oak Business Campus Environmental Impact Statement (EIS) for the 85 acre property located north
of Lone Oak Road and west of Inver Grove Heights in the SE '/4 of Section 1. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no items.
ADMINISTRATIVE AGENDA
There were no items.
Eagan City Council Meeting Minutes
October 17, 2006
Page 5
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
ADJOURNMENT
Councilmember Maguire moved, Councilmember Fields seconded a motion to adjourn the meeting at 7: 20 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.
149,
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Police Officers-
ACTION TO BE CONSIDERED:
To approve the hiring of Lawrence Mark Kritzeck and David Streefland as Police Officers.
Item 2. Resignation/Operations Supervisor/Campus Facilities-
ACTION TO BE CONSIDERED:
To accept the letter of resignation from Randy Ragner, Operations Supervisor for Campus
Facilities.
Item 3. Community Service Officer-
ACTION TO BE CONSIDERED:
To approve the hiring of a community service officer contingent upon successful completion of
physical, drug and psychological testing.
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED: To ratify the check registers dated October 19, 2006,
October 26, 2006 and November 2, 2006 as presented.
ATTACHMENTS:
• Check registers dated October 19, 2006, October 26, 2006 and November 2, 2006 are
enclosed without page number.
I4
Agenda Memo
November 9, 2006
Regular City Council Meeting
CONSENT AGENDA:
D. Approve a resolution accepting a $825 donation from Home Depot
for the Fire Department.
ACTION TO BE CONSIDERED:
To approve a resolution accepting a $825 donation from Home Depot.
FACTS:
The Home Depot has made an $825 donation to the Fire Department for use in
updating their Fire Safety Trailer.
The Eagan Fire Department is requesting that these funds be applied towards
buying construction items to repair/update the Fire Safety Trailer.
A thank you letter will be sent to Home Depot.
ATTACHMENTS: R ' lQ .
'-
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF EAGAN,
DAKOTA COUNTY, MINNESOTA
A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly
held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on November 9, 2006, at
6:30 p.m.
The following members were present: Carlson, Geagan, Fields, Maguire, and Tilley.
Member introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN
WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the
costs to the general public of providing services in Eagan; and
WHEREAS, Home Depot has offered to donate $825 for use by the City of Eagan; and
WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution approved by two-thirds of the members of the
City Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota
County, Minnesota, that the donation is hereby accepted for use by the City;
BE IT FURTHER RESOLVED, that the City sincerely thanks the Sam's Club Foundation for the
gracious and generous donation.
ADOPTED this 9th day of November, 2006.
Pat Geagan, Mayor
ATTEST:
Maria Petersen, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Member
and upon the vote being taken thereon, the following voted in favor:
; and the following voted against the same:
WHEREUPON, said resolution was declared duly passed and adopted and was signed by the
Mayor and his signature attested by the City Clerk.
Ic.Q
Consent Agenda Information Memo
November 9, 2006
Eagan City Council Meeting
CONSENT AGENDA:
E. Acceptance of a $2,000 Walmart Foundation Grant
ACTION TO BE CONSIDERED:
To approve acceptance of a $2,000 grant from the Walmart Foundation to the Eagan
Police Department.
FACTS:
• Yearly, the Walmart Foundation makes a financial award to local police
departments.
• If accepted by Council, the money will be used to reimburse our Chaplain's for
personal expenses they incur when called out, as well as some equipment needs
that have been identified.
• The funds will be deposited in the Police Department 2007 operating budget.
ATTACHMENTS:
None
D
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
F. ACCEPT RESIGNATION OF DEAN HAEHNEL FROM THE EAGAN
AIRPORT RELATIONS COMMISSION
ACTIONS TO BE CONSIDERED:
To accept the resignation of Dean Haehnel from the Eagan Airport Relations Commission.
FACTS:
? Eagan Airport Relations Commission (ARC) member Dean Haehnel regretfully informed
staff that he will need to resign from the ARC due to new job responsibilities and family
commitments.
? Mr. Haehnel expressed how much he enjoyed his time on the Commission and noted that
he hopes to serve on a City Commission in the future when time allows.
? Mr. Haehnel's term on the ARC expires in April 2007, and thus his 3-year term will be
filled at that time.
Agenda Information Memo
November 9, 2006, Eagan City Council Meeting
G. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE AND WAIVE
LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL
ACTION TO BE CONSIDERED:
To approve a temporary on-sale liquor license and waive the license fee for Faithful
Shepherd Catholic School.
FACTS:
? Faithful Shepherd Catholic School has requested a temporary on-sale liquor license
be issued to them for a fundraiser planned for January 27, 2007. The fundraiser is
the seventh Annual Live and Silent Auction, which is being held to raise money for
the operation of the school.
? The application form has been submitted and deemed in order by staff.
? Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived.
Following Council approval, the application will be forwarded to the Department of
Public Safety/Liquor Control Division for their approval.
ATTACHMENTS (1):
Letter enclosed on pages through al._.
FAITHFUL
SHEPHERD Where educational excellence and Gods gifts are awakened.
3355 Columbia Drive • Eagan, Minnesota • 55121 • Phone 651.406.4747 • www.fscsmn.org
September 26, 2006
bear City Council Members:
I respectfully request that the Eagan City Council waive the $150.00
application fee for a temporary liquor license on January 27, 2007. We are
holding our seventh Annual Live and Silent Auction at Faithful Shepherd
Catholic School and Tri-Parish Center. The purpose of the Live and Silent
Auction is fundraising. All proceeds from the Auction will go to the school.
Faithful Shepherd Catholic School will follow the City of Eagan's ordinance
amendment by incorporating procedures that will be followed to engage in
the temporary sale of alcohol beverages.
¦ The designated property of the event will be limited to the school
grounds, which includes the school's building.
The following security measures will be taken to ensure proper safety in
enforcing alcohol beverage sale and consumption laws, crowd control, public
safety, and check the ages and identification of all attendees.
¦ No person under the age of 21 will be sold or served alcoholic
beverages.
¦ No person will sell or give alcohol beverages to an obviously
intoxicated person.
¦ All persons who consume, purchase, or possess an alcoholic beverage in
the licensed area will be issued and required to wear a wristband.
Faithful Shepherd Catholic School and Tri-Parish Center • Serving the parishes of St. John Neumann, St. Peter and St. Thomas Becket
a[)
(Wristbands will be purchased from an approved vendor list provided
from the City of Eagan.)
¦ The Welcome Committee will verify proper photograph identification
for those individuals that are under the age of 21.
¦ No person selling alcohol shall be intoxicated during his or her work
shift.
¦ Licensee will post signs at all entrances of the school to notify the
public that sales to and consumption of alcoholic beverages by person's
under the age of 21 or to persons intoxicated is prohibited.
¦ Licensee will provide volunteer private security to monitor the
licensed area.
¦ Licensee will follow the designated hours listed in the City of Eagan
procedures.
¦ Licensee will designate an on-site manager of the licensed area who
shall be within the licensed designated area at all times during the
hours of sale. The onsite manager will complete training in alcohol
beverage service and will train servers and security personnel in the
same.
If you have any questions, I can be reached at 651.406.4747. Thank you for
your consideration.
Respectfully submitted,
&AIC?
Christine Edinger
Director of Finance
Faithful Shepherd Catholic School
Agenda Information Memo
November 9, 2006, Eagan City Council
H. APPROVE 2007 CASCADE BAY USER RATES AND 2007 BUDGET
ACTION TO BE CONSIDERED:
To approve the 2007 Cascade Bay user rates and the 2007 Cascade Bay Budget
including elimination of further consideration of the $1,000,000 advance from the
Community Investment Fund (CIF).
FACTS:
• At the September 14, 2006 Special City Council meeting the proposed
2007 Cascade Bay user rates and the 2007 Cascade Bay budget were
presented and discussed.
• User fees support this enterprise fund budget and were last increased for
the 2003 season.
It was the consensus of the City Council as part of the 2007 budget
discussions that the no further consideration be given to the potential
repayment of the $1,000,000 construction advance from the CIF as part of
the final budget approval. City records will reflect this action and the
previous advance will be noted as a contribution from the CIF to the
original construction financing for Cascade Bay.
• At the September 14th meeting staff was directed to bring this action back
as a consent agenda item at a future meeting.
• Final approval of the 2007 rates and budget is being requested at this
meeting rather than in December to allow for publication of the new rates.
Passes to Cascade Bay are a popular Christmas item and staff would like
to prepare marketing materials and to advertise at this time.
ATTACHMENTS:
• Enclosed on page Q3 is a copy of the rate history from the opening
of Cascade Bay and the proposed 2007 rates displayed by the various
admission categories.
• Enclosed on page is a copy of the summarized Cascade Bay
revenues and expenses.
Cascade Bay Rate Comparison
1999 2000 2001 2002 2003 2004 2005 2006 2007
proposed
Daily Admission +.50* +.25 +.25 +1.00
> 42" 7.00 7.50 7.50 7.75 8.00 8.00 8.00 8.00 9.00
< 42" 4.50 5.00 5.00 5.75 6.00 6.00 6.00 6.00 7.00
> 62 years 4.50 5.00 5.00 5.75 6.00 6.00 6.00 6.00 7.00
< 18 months free free free Free Free Free Free Free Free
After 5 pm Admission
> 42" 5.00 5.50 5.50 5.75 6.00 6.00 6.00 6.00 7.00
< 42 " 3.50 4.00 4.00 4.25 4.50 4.50 4.50 4.50 5.00
> 62 years 3.50 4.00 4.00 4.25 4.50 4.50 4.50 4.50 5.00
< 18 months Free free free Free Free Free Free Free Free
Resident Season Passes +3.00 +2.00 +2.00
1st member 48.00 51.00 51.00 51.00 53.00 53.00 53.00 53.00 55.00
Add'I member> 42" 38.00 41.00 41.00 41.00 43.00 43.00 43.00 43.00 45.00
Add'I member <42" 25.00 27.00 27.00 27.00 29.00 29.00 29.00 29.00 31.00
Add'! member >62 yrs. 25.00 27.00 27.00 27.00 29.00 29.00 29.00 29.00 31.00
Add'I member < 18 mos Free Free Free Free Free Free Free Free Free
Resident Passes-after 5 pm +3.00 +2.00 +5.00
15` member 40.00 43.00 43.00 43.00 45.00 45.00 45.00 45.00 50.00 Rarely purchased
Add'I member > 42" 30.00 33.00 33.00 33.00 35.00 35.00 35.00 35.00 40.00
Add'! member <42" 20.00 22.00 22.00 22.00 24.00 24.00 24.00 24.00 30.00
Add'! member >62 yrs. 20.00 22.00 22.00 22.00 24.00 24.00 24.00 24.00 30.00
Add'! member < 18 mos Free Free Free Free Free Free Free Free Free
Non-Resident Season Pass
I5` member n/a n/a 61.00 61.00 63.00 63.00 63.00 63.00 65.00
Add'1 member > 42" n/a n/a 51.00 51.00 53.00 53.00 53.00 53.00 55.00
Add'l member <42" n/a n/a 37.00 37.00 39.00 39.00 39.00 39.00 41.00
Add'l member >62 yrs. n/a n/a 37.00 37.00 39.00 39.00 39.00 39.00 41.00
Add'I member < 18 mos n/a n/a Free Free Free Free Free Free Free
Non-Resident Pass-after 5 pm
151 member n/a n/a 53.00 53.00 55.00 55.00 55.00 55.00 60.00 Rarely purchased
Add'I member > 42" n/a n/a 43.00 43.00 45.00 45.00 45.00 45.00 50.00
Add'! member <42" n/a n/a 32.00 32.00 34.00 34.00 34.00 34.00 40.00
Add'I member >62 yrs. n/a n/a 32.00 32.00 34.00 34.00 34.00 34.00 40.00
Add'1 member < 18 mos n/a n/a Free Free Free Free Free Free Free
*to reflect sales tax
$2.00 increase over 9 years = $.22 increase/yr or 3% annually
4?v
2007 Cascade Bay rev-exp summary
Aquatic Facility (Cascade Bay) Fund
2007 Budget
Revenues, Expenses and Other Disbursements
Revenues
11/2/2006
2004 2005 2006 2007
Actual Actual Buduet Bud e
Daily Admissions/Season Pass $ 558,307 $ 663,158 $ 785,000 $ 809,200
Group Sales 131,013 127,063 140,000 136,800
Concessions 168,957 222,328 220,000 211,000
Classes / Camps 22,245 19,841 20,000 22,000
Merchandise Sales 3,549 14,403 4,000 6,100
Vending 909 3,172 1,200 1,400
Rental 4,473 7,345 5,000 5,000
Interest 15,751 13,887 - 20,000
Other (3,357) 1,113 - -
Total Revenues $ 901,847 $ 1,072,310 $ 1,175,200 $ 1,211,500
Expenses
Personal Services $ 440,573 $ 518,685 $ 539,700 $ 563,900
Parts & Supplies 53,808 366,166 69,500 89,400
Cost of Concession Sales 88,024 114,700 112,000 91,100
Services & Other Charges 232,330 244,016 182,300 195,700
Capital Outlay - - 45,600 44,500
Sub-total Expenses 814,735 1,243,567 949,100 984,600
Reserve for Renewal/Replacement 64,600 64,600 64,600 64,600
Total Operating Expenses 879,335 1,308,167 1,013,700 1,049,200
Non-Operating Disbursements
Debt Service Payments 158,882 160,202 161,500 162,300
Total Expenses/Non-Op Disbursements $ 1,038,217 $ 1,468,369 $ 1,175,200 $ 1,211,500
A?'
Agenda Information Memo
November 9, 2006, Eagan City Council
1. APPROVE EXECUTION OF RELEASE OF REGULATORORY AGREEMENT
-- WOODRIDGE APARTMENTS
ACTION TO BE CONSIDERED:
To approve the execution of release of regulatory agreement -- Woodridge
Apartments
FACTS:
• In January of 1997 the City authorized the issuance of $7,000,000
Multifamily Housing Revenue Refunding Bonds for the Woodridge
Apartments Project.
• The owner (Equity Residential) is in the process of paying off the bonds
and selling the project unencumbered.
• The counsel for Equity Residential has opined that the regulatory
agreement encumbering the project terminates upon redemption of the
bonds per its express terms and would like to remove the regulatory
agreement of record in connection with the redemption.
• Steve Rosholt of Faegre & Benson, the City's bond counsel, agrees with
that conclusion and has no issues with the request.
ATTACHMENTS:
(None)
ag-
Agenda Information Memo
Eagan City Council Meeting
Consent Agenda
November 9, 2006
K. AUTHORIZE COOPERATION WITH DAKOTA COUNTY ENVIRONMENTAL
SERVICES IN SITE ASSESSMENT PROJECT IN THE CEDAR GROVE
REDEVELOPMENT DISTRICT
ACTION TO BE CONSIDERED:
To authorize cooperation with Dakota County Environmental Services in Site Assessment Project in the
Cedar Grove Redevelopment District.
FACTS:
> The Dakota County Environmental Services Office maintains a database of possible dump sites,
sources of contamination and remediation alternatives of properties located in the County. The
Environmental Services staff has worked with a number of cities to assist in the identification and
sampling of environmental challenges found with public redevelopment projects and to advise
with respect to remediation.
> The Environmental Services staff has approached the City offering to provide such services in the
Cedar Grove Redevelopment Area. While the Phase I and Phase II Environmental Analyses for
the Core Area and the Nicols Ridge subdivisions have been completed, the County staff can be
available as the identified properties are demolished, excavated or improved to confirm
environmental conditions or to analyze any new conditions that arise during construction. The
County would work with the developer and the City to address remediation efforts for conditions
that are identified.
> The County will cover all County staff time for this service and there is no City financial
responsibility for agreeing to coordinate activities in this way.
ATTACHMENTS:
? Letter from Dakota County Environmental Management Division on page
C&
C O U N T Y
Environmental Management October 24, 2006
Barry C. Schade
Director
Jon Hohenstein
Dakota County Community Development Director
Western Service Center City of Eagan
14955 Galaxie Avenue
Apple Valley. MN 55124
3830 Pilot Knob Road
Eagan, MN 55122-1987
953.891.7557
Fax 952.891.7588 Re: Cedar Grove Redevelopment Project
www.co.dakotamn.us
Dear Jon:
Thank you for taking the time to meet with Terry Muller, Cathy Undem and me on
Thursday aftemoon, October 12. We appreciate the time that you and Mike
Ridley were able to spend with us.
We would like to work closely with the City and the Minnesota Pollution Control
Agency to review all potentially contaminated sites that are part of the Cedar
Grove Redevelopment Project and surrounding areas as this project moves
forward. We can help with the environmental review and sampling, as the
opportunity arises. We have been involved in public projects in other cities in the
County over the past three years, providing much of the costs of the
environmental investigation. While much of the environmental work in the Cedar
Grove area has been completed, we wish to work with you to find other ways
where we may be of assistance.
Also, Jon, we would like to be made aware of all other developments that may
involve sites that have been impaired. Our goal is to repair damage that has
been done, as best as the conditions allow, by working with the developers to
remove, remediate or contain contamination present. Any help that you, Mike, or
your staff can give will be greatly appreciated.
Thank you again for meeting with us and explaining your project. We look
forward to assisting you in this.
Since ly,
George Kinney OCT 2 6 2006 D
C: Mike Ridley, City of Eagan
Patrice Jensen, MPCA
O:\EMGMT\Site Assessment\Projects\Cedar Grove-City of Eagan-thanks.doc
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Agenda Information Memo
November 9, 2006 Eagan City Council
L. FINAL SUBDIVISION (OLDRE ADDITION) - HAFSTAD REALTY
ACTION TO BE CONSIDERED:
To approve a Final Subdivision (Oldre Addition) to create two single-family lots upon one acre
of land located at 2900 Skyline Drive in the SE '/4 of Section 4.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present.
FACTS:
? The Preliminary Subdivision was approved April 18, 2006.
? All documents and Agreements are signed and in order for execution at the regular
meeting of the City Council.
ATTACHMENTS (1):
Final Plat, page
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Agenda Information Memo
November 9, 2006 Eagan City Council
M. FINAL SUBDIVISION (EAGANDALE CENTER INDUSTRIAL PARK NO.
19) - LARSON PROPERTIES
ACTION TO BE CONSIDERED:
To approve a Final Subdivision (Eagandale Center Industrial Park No. 19) to create two lots
upon 3.79 acres located at 3000 Denmark Avenue in the NE 1/4 of Section 10.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present.
FACTS:
? The Preliminary Subdivision was approved June 6, 2006.
? All documents and Agreements are signed and in order for execution at the regular
meeting of the City Council.
ATTACHMENTS (1):
Final Plat, page 5-__
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Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
N. PROJECT 776, YANKEE DOODLE ROAD -
HIGHWAY 149 TO INVER GROVE HEIGHTS
FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 776
(Yankee Doodle Road Extension - Street & Utility Improvements) and schedule a public
hearing to be held on December 4, 2006.
FACTS:
• Project 776 provided for the extension of Yankee Doodle Road (Co. Rd. 28) as a 4-lane
divided roadway with raised median from Highway 149 to Inver Grove Heights (and
subsequently to Highway 55), bituminous trail on both sides of the roadway, trunk and
lateral water main, lateral sanitary sewer, and lateral storm sewer.
• The Dakota County Transportation Department was the lead agency on the
improvement of this County highway. In accordance with County policy, the City is
obligated to participate in 45% of the cost of any County road extension, all new trail
installations, lateral storm sewer, and right-of-way acquisition. Also in accordance
with the policy, the City is obligated for 100% of sanitary sewer and water main
construction.
• The City's policy for financing these obligations is to levy a special assessment
against the adjacent properties benefiting from the improvements. The trail
improvement is not assessable and will be financed from the City's Major Street and
Trail Fund.
• This project, constructed under County Contract 28-15, 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 benefiting 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 equal to the Fee Schedule rates contained in the feasibility
report presented at the public hearing held on May 15, 2001.
3Q
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
0. LOTS 1 & 2, BLOCK 1, SILICON GRAPHICS 1ST
EASEMENT VACATION
ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage and
utility easements within Lots 1 & 2, Block 1, Silicon Graphics and schedule a public
hearing to be held on December 4, 2006.
FACTS:
• On October 20, 2006, City staff received a petition from Jean Crosby of CSM
Equities requesting the vacation of existing drainage and utility easements within
Lots 1 and 2, Block 1, Silicon Graphics 1St Addition, at the southeast corner of the
intersection of Lone Oak Parkway Road and Lone Oak Drive.
• The drainage and utility easements were dedicated as part of the previous Silicon
Graphics development for ponding and public utility purposes.
• The petition is intended to coincide with the final subdivision approval process for
CSM's Waters Annex development on this property.
• On October 20, 2006, final subdivision submittal was made by CSM for Waters
Annex.
• Adequate replacement drainage & utility easements will be dedicated as part of the
Waters Annex final plat.
• 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 scheduled
public hearing.
ATTACHMENTS:
• Location Map, pag .
• Easement Vacation Exhibit, pag_
33
GHTS INTERSTATE 494
Proposed
Vacation
LONE OAK ROAD
TRUNK H" No. 55
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City of Eag,af Proposed Easement Vacation 11-1-06
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Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
P. O'NEILL DRIVE - AUTHORIZE RELEASE FROM MNDOT
ACTION TO BE CONSIDERED: Approve a resolution authorizing the release and
transfer of jurisdictional authority for a portion of O'Neill Drive within the City of
Mendota Heights from the Minnesota Department of Transportation (MnDOT) to City of
Eagan, and authorize initiation of annexation proceedings with the City of Mendota
Heights.
FACTS:
• O'Neill Drive is a two-lane urban roadway along the south side of 1-494 that extends
from Highway 149 to the Inver Grove Heights border in northeast Eagan. The street
was constructed in the mid-1980's as part of the construction of 1-494 and with
adjacent development.
• All of O'Neill Drive lies within MnDOT right-of-way, but has been maintained by the
City of Eagan since its construction. The corporate boundary between Mendota
Heights and Eagan is located on approximately the centerline of the roadway, with a
portion within both cities.
• Approval of this resolution would allow the release of control of the entire roadway to
the City of Eagan, consistent with current maintenance operations.
• Since the City of Mendota Heights does not have an interest in maintaining its portion
of O'Neill Drive, it would be appropriate for the City Council to also authorize
initiation of the annexation of the portion of O'Neill Drive property currently within
Mendota Heights to the City of Eagan This action would be similar to the reverse
annexation that occurred for that portion of 494 west of the I-35E junction in the late
`80s.
ATTACHMENTS:
• Location Map, page.
• O'Neill Drive Resolution, page.
3(.P
MEND 0TA HEIGHTS
} t I
Q l
\? V Area of O'Neill Drive to
be Released to Eagan
INTERSTATE 494
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HWy No• 55
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O'Neill Drive - Release Map 11-1-06
City of Ea,DIl Exhibit "A"
Engineering Department /
0Z?
RESOLUTION NO
APPROVING AND ACCEPTING THE RELEASE OF A PORTION OF
O'NEILL DRIVE, LOCATED IN MENDOTA HEIGHTS,
TO THE CITY OF EAGAN
WHEREAS, the Minnesota Department of Transportation (Mn/DOT) is processing the
request to release a frontage road to the City of Eagan.
WHEREAS, the road is called O'Neill Drive (formerly Blue Gentian) and is located on
the south side of 1-494 lying between TH 149 (Dodd Road) and a point just West of CSAH 63
(Argenta Road), said point being the East line of Section 1, Township 27 North, Range 23 West.
WHEREAS, most of said O'Neill Drive is located in the City of Eagan but there is
approximately 2500 feet of O'Neill Road that is located in both the City of Eagan and the City of
Mendota Heights. The road is split in the middle by the corporate boundaries of each city, as
shown on the attached `Exhibit A'.
WHEREAS, in order to preserve the continuity of the subject frontage road (O'Neill
Drive) and to insure that the subject road will be maintained and operated by the City of Eagan,
it is necessary that both the City of Mendota Heights and the City of Eagan agree and resolve to
accept the release, facilitated by Mn/DOT, of the entire proposed portion of O'Neill Drive to the
City of Eagan.
BE IT RESOLVED, that the City of Eagan hereby authorizes and agrees to the release
of that portion of O'Neill Drive, located in Mendota Heights, as shown in yellow on the attached
`Exhibit A', to the City of Eagan.
Adopted this 9th day of November, 2006.
CITY OF EAGAN
CITY COUNCIL
By:
Attest:
Pat Geagan, Mayor
Maria Petersen, City Clerk
CERTIFICATION
State of Minnesota
County of Dakota
City of Eagan
I hereby certify that the attached Resolution is a true and correct copy of a Resolution presented
to and adopted by the City Council of Eagan at a meeting thereof held in the City of Eagan,
Minnesota, on the 9th day of November, 2006, as disclosed by the records of said City in my
possession.
39 Maria Peterson, City Clerk
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
Q. CONTRACT 06-08, NORTH RIDGE DRIVE & SIBLEY TERMINAL
- STORM DRAINAGE IMPROVEMENTS
ACTION TO BE CONSIDERED: Reject the bids for Contract 06-08 (North Ridge Drive &
Sibley Terminal Industrial Park Storm Drainage Improvements).
FACTS:
• Part of Contract 06-08 provides for the construction of corrective storm drainage
improvements to address recurring home flooding concerns in the North Ridge Drive
neighborhood under City Project No. 939.
• 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 (Alt. #3) were
incorporated into the detailed plans for bid solicitation comparison to allow the
Council to evaluate the cost implications of resident requested options.
• All necessary easements have NOT been conveyed to allow this project to be
awarded.
• Another part of Contract 06-08 provides for the drainage improvements through the
Sibley Terminal Industrial Park area near TH 13 and Terminal Drive in northwest
Eagan under City Project 858.
• On July 18, 2006, the City Council held a public hearing and approved Project 858.
• All necessary easements have been acquired for this project.
• Contract 06-08 also includes a maintenance improvement to the Fish Lake outlet
structure (Alternate Bid #1), and the installation of additional catch basins on Shawnee
Road (Alternate Bid #2).
• The bids for both these alternates significantly exceeded the Engineer's estimate and
should be rejected and reconsidered under a future contract.
CONTRACT AWARD ISSUES:
• On October 3, when the City Council reviewed the bids, they concurred that Alternate
Bids #1 and #2 should not be included under this contract award.
• Alternate Bid #3 (North Ridge Dr) provides for the jacking/auguring of the proposed
new storm sewer pipe between the existing homes at 3864 & 3868 North Ridge Dr.
This alternate construction method would cost an extra $40,072. Adequate permanent
utility easements currently exist to accommodate this new construction. However,
additional temporary construction easements are needed to proceed with this method.
• On October 3, 2006 after testimony from affected property owners, the City Council
preliminarily indicated favorable consideration to award Alternate Bid #3 if all required
easements were conveyed and then continued final action to the November 9c' City
Council meeting (or sooner) to allow for the dedication of the necessary temporary
easements. Unfortunately, that hasn't happened to date and the bids expire prior to
another Council meeting.
• If the bids are rejected, the various improvements that have all required easements will
be repackaged and re-bid under another contract for construction n 2007. Project 939
(North Ridge) will not be reconsidered until all easements have been conveyed.
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
R. LOT 1, BLOCK 1, CENTENNIAL RIDGE 2ND (LENA COURT)
EASEMENT VACATION
ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public
drainage and utility easement within Lot 1, Block 1, Centennial Ridge 2d Addition, and
schedule a public hearing to be held on December 4, 2006.
FACTS:
• On October 30, 2006, City staff received a complete petition from James Lennon,
property owner, requesting the vacation of a portion of an existing drainage and
utility easement within Lot 1, Block 1 Centennial Ridge 2nd Addition, at the southeast
corner of the intersection of Diffley Road and Johnny Cake Ridge Road.
• The drainage and utility easement was dedicated as part of the Centennial Ridge 2nd
Addition plat for ponding and general utility purposes.
• The purpose of the request is to allow the property owner to construct a monument
sign within a small portion of the easement area, above the adjacent pond's high
water level.
• 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 scheduled
public hearing.
ATTACHMENTS-
• Location Map, page 4L. 4R
• Easement Vacation Exhibit, page
City of EaaaIl
Engineering Department
Lena Court
Proposed Easement Vacation
Location Map 41
10-31-06
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NE CORNER OF LOT 1
20.00
PROPOSED EASEMENT N89'41'00"E
TO BE VACATED
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Scale in Feet
PROPOSED LEGAL DESCRIPTION TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT
All that part the of drainage and utility easement lying over, under and across Lot 1, Block 1,
CENTENNIAL RIDGE 2ND ADDITION, according to the recorded plot thereof, Dakota County, Minnesota
as delineated and dedicated on said CENTENNIAL RIDGE 2ND ADDITION, described as follows:
Commencing at the northeast corner of said Lot 1; thence on an assumed bearing of South 00
degrees 19 minutes 00 seconds East, along the east line of said Lot 1, a distance of 11.60 feet, to
the piont of beginning; thence continuing South 00 degrees 19 minutes 00 seconds East, along
said east line, a distance of 20.00 feet; thence South 89 degrees 41 minutes 00 seconds West, a
distance of 20.00 feet; thence North 00 degrees 19 minutes 00 seconds West, a distance of 20.00
feet; thence North 89 degrees 41 minutes 00 seconds East, a distance of .20.00 feet; to the point
of beginning
14 0-1
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
S. 800MHz COMMUNICATION SYSTEM - LEASE AGREEMENT
ACTION TO BE CONSIDERED: Approve a resolution authorizing the City to enter
into a lease agreement with Dakota County for the installation of radio communications
equipment and support facilities on the Sperry Water Reservoir, and authorize the Mayor
and City Clerk to execute all related documents.
FACTS:
• On May 17, 2005, the City Council passed a resolution to join the Metropolitan
Regional 800MHz Radio Communications System.
• Dakota County is now in the process of constructing the Countywide 800 MHz
Public Safety Radio Communications Subsystem. This system is part of the
Metropolitan Regional Public Safety system and will consist of 9 radio
transmission locations, one of which is proposed for the Sperry Water Tower.
• Staff from, Eagan, Dakota County, Apple Valley, Burnsville, I.G.Hts, Lakeville,
and W. St. Paul Eagan have all agreed on the terms for a standard lease agreement
which is being presented to the respective governing bodies for formal approval.
The Dakota County Board of Commissioners approved the lease on August 22,
2006.
• The lease runs for 25 years with 5 year renewable options and a termination
clause subject to a 12 month notification by either party. By agreement from all
communities involved, there will be no rent/revenue associated with this lease.
• The City Administrator, Public Works Director and City Attorney have reviewed
the terms of the lease and find it in order for favorable consideration by the
Council.
ATTACHMENTS-
0 Resolution, page
q3
CITYOF EAGAN
RESOLUTION NO
TO EXECUTE A LEASE AGREEMENT WITH DAKOTA COUNTY FOR USE OF CITY PROPERTY TO
CONSTRUCT A RADIO COMMUNICATION SHELTER AND
INSTALL AND OPERATE RADIO EQUIPMENT
WHEREAS, by Resolution No. 05-28, dated May 17, 2005, the Eagan City Council authorized the City to join
the Metropolitan Regional 800 MHz Radio Communications System; and
WHEREAS, the Dakota County 800 MHz Radio Subsystem includes radio sites at the Cities of Apple Valley,
Burnsville, Eagan, Inver Grove Heights, Lakeville, and West Saint Paul; and
WHEREAS, a critical component to the design configuration of the Dakota County 800 MHz Subsystem is the
placement of radio sites; and
WHEREAS, the County is financing and constructing the County 800 MHz Subsystem; and
WHEREAS, the Eagan City Council must review and approve all leases before they can go into effect; and
WHEREAS, the City of Eagan has promoted partnerships between units of government to facilitate the
construction of the Dakota County 800 MHz Radio Subsystem; and
WHEREAS, both the County and the City will mutually benefit from access to and use of an 800 MHz radio
system.
NOW, THEREFORE, BE IT RESOLVED, that the Eagan City Council hereby authorizes the Mayor and City
Clerk to execute a lease agreement with Dakota County for the purpose of installing a radio shelter, antennas and
equipment on City property for use by Dakota County to facilitate the construction of the Dakota County 800 MHz Radio
Subsystem; and
BE IT FURTHER RESOLVED, that the terms of the lease shall be in effect for the period of September 15,
2006 to September 14, 2031, with an option for additional five-year extensions upon agreement to renew by the County
and the City by giving ninety (90) days written notice; and
BE IT FURTHER RESOLVED, that the terms of the lease provide for termination of the lease subject to a 12-
month written notice by either party.
Adopted this 9th day of November, 2006.
CITY OF EAGAN
CITY COUNCIL
By:
Pat Geagan, Mayor
Attest:
Maria Petersen, City Clerk
CERTIFICATION
State of Minnesota
County of Dakota
City of Eagan
I hereby certify that the attached Resolution is a true and correct copy of a Resolution presented to and adopted by the
City Council of Eagan at a meeting thereof held in the City of Eagan, Minnesota, on the 9"' day of November, 2006, as
disclosed by the records of said City in my possession.
q 1- Maria Peterson, City Clerk
Agenda Memo
Regular City Council Meeting
November 9, 2006
CONSENT AGENDA:
U. APPROVAL OF DESIGN CONTRACT FOR THRESHER FIELDS SERVICE
BUILDING
ACTION TO BE CONSIDERED:
Approve a contract with JAL Architects for the design of a service building to be
constructed at Thresher Fields Park and authorize the Director of Parks and Recreation to
sign the contract and any related documents on behalf of the City.
FACTS:
• The construction of a service building, consisting of restrooms and storage space,
at Thresher Fields Park was approved by the City Council in the 2007 CIP as part
of an overall improvement plan for the Park.
• Design services will include construction drawings, specifications, sufficient
detailing for use by mechanical and electrical contractors, and construction
inspections.
• JAL has served as the architects for numerous other Eagan park buildings and
helped develop the standard specifications and design pallet used in City park
buildings.
• The contract cost of $18,900 for design of the building is included in the overall
budget for the improvement project, estimated at $350,000 and will be paid from
the Park Site Fund.
• City staff will serve as the Construction Manager on the project.
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
V. APPROVE ASSESSMENT SETTLEMENT AGREEMENT
PROJECT 874 (CINA)
ACTION TO BE CONSIDERED: Approve an Assessment Settlement Agreement with
John Cina for Project 874 (Gift of Mary - Streets & Utilities) and authorize the Mayor
and City Clerk to execute all related documents.
FACTS:
• Project 874 provided for the extension of sewer and water and construction of a
frontage road stub along the north side of TH 55 to serve the future Gift of Mary
development.
On March 21, 2006, a Final Assessment Hearing was held for the two parcels
owned by Mr. John Cina. Although Mr. Cina submitted a written objection, the
Council adopted the assessment roll. Mr. Cina subsequently perfected his
objection with a formal appeal to the District Court. As a result of this litigation, a
settlement agreement has been reached to defer the full assessment amount
($77,128.72) with interest until future sale, transfer, subdivision, platting, other
development of the affected parcels or 12-31-30, whichever occurs first.
ISSUES:
• Since this assessment appeal is still active litigation until the agreement is
approved and executed by the City, any discussions or questions should be
directed to a closed session.
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
W. ORDINANCE AMENDMENT - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To direct staff to prepare an Ordinance Amendment to Chapter 11 to establish the
requirement for a footing inspection for all new pylon signs and an obligation of double
sign permit fees for permanent signage installed without a Sign Permit.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
? For public health and safety reasons, staff believes it would be appropriate to
perform a footing inspection with the installation of all new pylon signs (signs over
7' tall).
? In consultation with other metro cities, it was discovered that most cities do require
this type of inspection as part of the sign permitting process.
? Additionally, permanent signs are installed without the benefit of a Sign Permit a
few times a year. Similar to work done without a Building Permit, staff believes it
would be appropriate to charge a double Sign Permit fee in those instances.
? City staff believes the double fee is warranted to discourage the installation of
permanent signage with out first allowing staffs review, approval and permit
issuance.
? 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: None
P
Agenda Information Memo
November 9, 2006, Eagan City Council Meeting
V. PUBLIC HEARINGS
A. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS
ACTION TO BE CONSIDERED:
To close the public hearing and approve the final assessment roll for delinquent false
alarm bills and authorize its certification to Dakota County.
FACTS:
? The City Code allows for collection through certification of delinquent false alarm
bills, which are not paid.
? At the October 3 City Council meeting, a public hearing was scheduled for the
November 9, 2006 City Council meeting.
? The City does not charge residents or businesses for the first three false alarms in
a calendar year. A fourth or subsequent false alarm results in a $100 fee per
alarm. The delinquent false alarm bills include a 10% penalty and a $25
certification fee.
? The City currently has ten delinquent false alarm bills. The assessable amount of
these bills is $1,570. These items are in order for certification to the County.
? All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this hearing and their proposed assessments.
ATTACHMENTS (1):
Proposed assessment roll on page
Delinquent False Alarm Bills
Property ID Outstanding Dollar Amount
10-45703-010-01 $135.00
10-53790-020-02 $135.00
10-83475-070-01 $135.00
10-22515-020-01 $135.00
10-15550-010-01 $135.00
10-22502-370-05 $135.00
10-49600-010-01 $135.00
10-77055-011-01 $135.00
10-75300-020-01 $355.00
10-54200-010-02 $135.00
Total $1,570
4q
Agenda Information Memo
November 9, 2006, Eagan City Council Meeting
B. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS
ACTION TO BE CONSIDERED:
To close the public hearing and approve the final assessment roll for delinquent weed
cutting bills and authorize its certification to Dakota County.
FACTS:
? The City Code allows for collection through certification of delinquent weed
cutting bills, which are not paid.
? At the October 3 City Council meeting, a public hearing was scheduled for the
November 9, 2006 City Council meeting.
? A 10% penalty and a $25 certification fee are added to all outstanding delinquent
bills.
? The City currently has six delinquent weed cutting bills. The assessable amount
of these bills is $1,751.88. These items are in order for certification to the
County.
? All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this hearing and their proposed assessments.
ATTACHMENTS (1):
Proposed assessment roll on page
So
Delinquent Weed Cutting Bills
Property ID Outstanding Dollar Amount
10-48050-070-02 $168.94
10-22504-010-01 $458.88
10-17400-081-01 $168.94
10-20960-020-03 $669.96
10-16701-070-02 $168.94
10-31500-010-02 $116.22
Total $1,751.88
SI
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
PUBLIC HEARINGS
C. CERTIFICATION OF DELINQUENT UTILITIES
ACTION TO BE CONSIDERED:
To close the public hearing and approve the final assessment roll for delinquent utility
bills and authorize its certification to Dakota County for collection with property taxes.
FACTS:
• The City Code allows for collection through certification of delinquent utility bills
which are not paid.
• At the October 3d City Council meeting, a public hearing was scheduled for the
November 9, 2006 City Council meeting.
• The City currently has approximately 526 utility bill accounts with delinquent
payments. The assessable amount of these accounts is $101,355.89. These items
are in order for certification to the County.
• All notices have been published in the legal newspaper and sent to all affected
property owners informing them of this hearing and their proposed assessments.
ATTACHMENTS:
• Delinquent account list; pages through
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Agenda Information Memo
November 9, 2006, Eagan City Council
D. VARIANCE - LOT 3 BLOCK 1, SPECTRUM BUSINESS PARK -
SPECTRUM DEVELOPMENT
ACTION TO BE CONSIDERED:
To approve a 5-foot and 10-foot Variance to the minimum 20-foot parking setback for an office
building on Lot 3, Block 1, Spectrum Business Park, in the NW '/4 of Section 2.
FACTS:
? The applicant is proposing construction of a two-story 20,000 sq. ft. office building on
the subject site. The proposed building requires 107 parking stalls, 112 are provided.
Parking stalls satisfy minimum dimensional standards of 10' x 19'.
? City Code requires a minimum 20-foot setback of parking from public rights-of-way.
? The purpose of the required setbacks is to provide pervious surface area, snow storage on
private property and adequate space for landscaping/screening. Permitting parking to
encroach into the required setback is contrary to the intent of the Zoning Ordinance.
? Parking setback of 10 feet along TH-55 and 15 feet along Blue Water Road are
proposed.
? A Conditional Use Permit (CUP) and similar parking setback Variances were granted in
2001 for a different development proposal (hotel) for this site. The 2001 Variances were
never been implemented and have now expired.
? The Zoning Ordinance permits relief from a required ordinance provision if there are
special conditions such as topography, natural features, and lot configuration or area, that
apply to the land that make construction of a reasonable use difficult.
? The applicant's stated hardship is that the developable site area was reduced to
accommodate regional storm water needs, for which the applicant was financially
compensated, thus creating a hardship on the applicant and making development of this
parcel more difficult.
? Other performance standards - building coverage, green space, building height,
architectural materials, etc. - appear to be satisfied.
60-DAY ACTION DEADLINE: December 23, 2006
ATTACHMENTS (1):?"J(?
Variance Report, pages 1'_ through
-73
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: November 3, 2006
APPLICANT: Spectrum Development
PROPERTY OWNER: Spectrum Commercial
Properties
REQUEST: Variance
CASE: 02-VA-18-10-06
HEARING DATE: November 9, 2006
APPLICATION DATE: October 24, 2006
PREPARED BY: Pamela Dudziak
LOCATION: 2775 Blue Water Road (Lot 3, Block 1, Spectrum Business Park)
COMPREHENSIVE PLAN: SA, Special Area
ZONING: BP, Business Park
SUMMARY OF REQUEST
Spectrum Development is requesting a 10-foot Variance from the required 20-foot parking
setback from TH 55, and a 5-foot Variance from the required 20-foot setback from Blue Water
Road on property zoned BP (Business Park) located at Lot 3, Block 1, Spectrum Business Park in
the NW 1/4 of Section 2.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve,
approve with conditions or deny a request for a variance. In considering all requests for a
variance, City Council shall consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owners of property have no
control.
b. The literal interpretation of the provisions of this Code would deprive the applicant
property use commonly enjoyed by other properties in the same district under the
provisions of this Code.
c. That special conditions or circumstances do not result from actions of the applicant.
Planning Report - L3, B 1, Spectrum Business Park
November 9, 2006
Page 2
d. That granting of the variance will not confer on the applicant any special privilege that is
denied by this Ordinance to owners of other lands, structures or buildings in the same
district.
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.
BACKGROUND/HISTORY
The subject site was platted as Lot 3, Block 1, Spectrum Business Park, in 2000. An Alternative
Urban Area Review (AUAR) was completed for the Grand Oak Business Park, which included
the subject site. In the 2001 update of the original AUAR, the development assumption for this
property was a 62 room hotel. The current proposed use is a 20,000 sq. ft. office building. The
proposed office use will generate less traffic than the hotel use assumed for the AUAR.
Also in 2001, the City approved a Conditional Use Permit to allow a 77-room hotel on this site.
With the CUP, parking setback Variances similar to the present request also were approved.
Since the property remains vacant and the 2001 Variances have not been implemented, they have
expired and are now null and void.
EXISTING CONDITIONS
The site is vacant, and was graded with previous development. The land is relatively flat and
contains no significant vegetation.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround Lot 3,
Block 1, Spectrum Business Park:
Existing Use Zoning Land Use Designation
North Warehouse BP, Business Park SA, Special Area
South TH 55; Warehouses I-1, Limited Industrial IND, Limited Industrial
West Office; Parking BP, Business Park SA, Special Area
East Warehouse BP, Business Park SA, Special Area
EVALUATION OF REQUEST
Proposal - The applicant is proposing a two-story 20,000 sq. ft. office building to be constructed
on the western portion of the site. The project provides a total of 112 parking stalls, 23 stalls
underground and 89 stalls surface parking. A Variance to allow a ten-foot parking setback along
Planning Report - L3, B1, Spectrum Business Park
November 9, 2006
Page 3
TH 55, and a Variance to allow a 15-foot parking setback along Blue Water Road are also
requested.
Code Requirements - City Code requires a minimum 20-foot parking and pavement setback from
public rights-of-way. The proposal does not comply with these setbacks along Blue Water Road
and TH 55. Thus, the applicant is requesting a Variance to the required setbacks for parking and
pavement from public rights-of-way to allow a setback of 10' from TH-55 and a setback of 15'
from Blue Water Road.
The Zoning Ordinance states that relief may be granted from a required ordinance provision
provided that (1) there are special conditions that apply to the subject land, (2) the relief is not
contrary to the Zoning Ordinance and Comprehensive Guide Plan, and (3) it is necessary to
alleviate a demonstrable hardship or difficulty.
Other Performance Standards - The proposed two-story building is 30.5' in height, which is less
than the BP district maximum of 45 feet. The site plan proposes 28% green space, which meets
the minimum required 25%. City Code allows a maximum of 40% building coverage. The
proposed building has a 10,120 sq. ft. footprint, which results in 13.43% building coverage.
Exterior building materials and trash enclosures appear to satisfy City Code requirements.
Mechanical Equipment - Rooftop mechanical equipment is proposed to be painted to match the
building. Such equipment should be screened from views from off the property by a screen
immediately surrounding the equipment, or by a parapet wall along the edge of the building. The
height of the screen should be at least the height of the equipment. Rooftop screening must be
constructed of durable, low-maintenance materials and be either a complimentary neutral color
the same color as ht primary building materials of the outside walls.
Landscaping - The Zoning Ordinance requires all parking areas to be screened from all streets
with the use of berms, walls, fences, and landscaping. Such screens shall be solid and a
minimum of three feet in height. The Landscape Plan is unacceptable. The proposed
landscaping does not meet the ordinance standards, and should be enhanced along TH-55 and
Blue Water Road. The proposed setback Variances mean less area in which to plant landscaping
and may result in more damage to the landscaping that is installed from snow storage. The
Landscape Plan also lacks necessary information - landscape schedule, grading contours,
planting specifications and notes, etc.
Parking - The Zoning Code requires 107 parking stalls for the proposed 20,000 sq. ft. office
building. The site plan indicates that 112 stalls in both surface and underground parking are
proposed. Proposed parking stalls satisfy the minimum dimensional standard of 10 feet by 19
feet.
__71
Planning Report - L3, B 1, Spectrum Business Park
November 9, 2006
Page 4
Easements - Public street access is available via Blue Water Road to the north via a private
shared service drive with Lot 2, Spectrum Addition. The developer should provide evidence of
private ingress/ egress easements between Lots 2 and 3, Spectrum Business Park, for review and
approval by the City Attorney prior to building permit approval for the proposed development of
Lot 3.
Applicant's Estimate of Hardship - The applicant's stated hardship is that the developable area
of this site was reduced to accommodate regional storm water needs for not only the 27-acre
Spectrum development, but an additional 107 acres of the developed property on the west side of
the TH 55 and approximately 14 acres of land to the north (slated for future office development).
The narrative states that the land area needed for the ponding reduced the available land area for
development, creating a hardship on the Applicant and "making development of this land parcel
to its highest and best use as a Corporate office building much more difficult."
Evaluation - It is appropriate to grant relief from a required ordinance provision if there are
special conditions that apply to the land that make construction of a reasonable use difficult.
Special conditions may include topography, natural features, and lot configuration or area. The
applicant was the developer of Spectrum Business Park, and as-such,-was aware of the
constraints on the site.
The requested Variances from minimum required setbacks are inconsistent with the intent of the
Zoning Ordinance. The purpose of these setbacks is to provide pervious surface area, snow
storage on private property, and adequate space for required landscaping/screening of the parking
from public rights-of-way. Permitting parking to encroach 10 feet into a required 20 foot setback
is contrary to the intent of the Zoning Ordinance.
The site can be put to a reasonable use without the setback Variance; a smaller office building or
other use could be built on the site. The stated hardship concerning the pond was created with
the original subdivision. In addition to the pond handling run-off from the Spectrum site, the
applicant also realized a financial benefit as the City compensated Spectrum just under $40,000
for oversizing the pond.
SUMMARY/CONCLUSION
Spectrum Development is requesting a Variance to allow a 10-foot parking setback along TH 55
and a Variance to allow a 15-foot parking setback along Blue Water Road.
The proposed office appears to be an appropriate use for the area and zoning district, however,
the site plan does not comply with the parking setback of the Zoning Ordinance. With the
exception of landscaping, other performance standards appear to be satisfied. A similar Variance
was granted in 2001 for a different use (hotel) of this property, but that Variance was never
utilized and has now expired.
-17
Planning Report - L3, B 1, Spectrum Business Park
November 9, 2006
Page 5
This applicant's estimate of hardship is that accommodation of regional ponding needs reduced
the developable site area. As the original developer of Spectrum Business Park, the applicant
was aware of the constraints on the site. The proposed Variances are inconsistent with the intent
of the Zoning Ordinance. The current requested Variances from parking setbacks will continue a
pattern of City Code deviations established with the original development of the Spectrum
Commerce Center, which received similar relief as is requested presently.
ACTION TO BE CONSIDERED
To recommend approval of Variance to allow a 10-foot Variance from the required 20-foot
parking setback from TH 55, and a 5-foot Variance from the required 20-foot parking setback
from Blue Water Road on property zoned BP (Business Park) located at Lot 3, Block 1,
Spectrum Business Park in the NW `/4 of Section 2. If approved the following conditions should
apply:
1 If within one year after approval, the variance shall not have been completed or
utilized, it shall become null and void unless a petition for extension has been granted
counci . uc ex ension s a e reques e in wri ink gat cast 30 days before
by the
expiration and shall state facts showing a good faith attempt to complete or utilize the
use permitted in the variance.
2. The Landscape Plan shall be revised to incorporate the following:
a. Landscape screening shall be installed along Blue Water Road and TH 55 to
screen the parking as required by the Zoning Ordinance.
b. The Landscape Plan shall be prepared by a state-registered landscape architect or
state-certified nurseryperson, and be signed by that person.
c. The Landscape Plan shall include grading contours, a landscape schedule and
planting specifications and notes.
The developer shall provide evidence of private ingress/ egress easements between
Lots 3 and 2, Spectrum Business Park for review and approval by the City Attorney
prior to building permit approval for the proposed development of Lot 3.
Location Map Eagan Boundary
Right-of-way
O Parcel Area
Park Area
Building Footprint
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1000 0 1000 2000 Feet
Development/Developer. Spectrum Commercial Properties
Application: Variance
Case No.: 02-VA-18-10-06
City of Eayn Map Prepared using ER51 ArcView 3.1. Parcel base map data provided
by Dakota County Office of GIS and is current as of April 2005.
THIS MAP IS INTENDED FOR REFERENCE USE ONLY N
W E
Community Development D.padment The City of Eagan and Dakota County do not guarantee the accuracy of this information and are
not responsible for errors or omissions. s
Current Zoning and Comprehensive Guide Plan
Land Use Map L3, B1, Spectrum Business Park
Variance
02-VA-18-10-06
Zoning Map tar
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Parcel bese map Information provided by Dakota County Land Survey Department Decmber 2005.
Zoning Information maintained by City Staff. N
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THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+ E
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F. 22
SMIPECIRUM
DEVELOPMENT GROUP, L.L.C.
VARIANCE REQUEST
SETBACK FROM STATE HIGHWAY 55/BLUE WATER ROAD
LOT 3, BLOCK 1 SPECTRUM BUSINESS PARK
EAGAN, MINNESOTA
This narrative for a Variance Request is being submitted on behalf of Spectrum
Commercial Properties, LLC, a Minnesota limited liability company, by Spectrum
Development Group, LLC, a Minnesota limited liability company ("the Applicant").
The Applicant is requesting a variance from the City of Eagan's parking setback
requirement under the Business Park zone of 20 feet from a public street. The
proposed setbacks on the submitted site plan for the Corporate office building for
Enterprise Rent-A-Car:
Five Feet from the face of the curb to the property line
along Highway 55
Fifteen Feet from the face of the curb to the property line
Along Blue Water Road
The Applicant has supplied 100% of the land required, and has constructed a detention
pond capable of holding 12+ acre/feet of water runoff (live and dead storage) from not
only the Applicant's 27 developed acres, but also a substantial portion of the developed
property on the west side of STH 55 (approximately 107 acres), and the contiguous 14
acres of land to the north (presently single family homes on Blue Gentian Circle but
slated for future office building development by McGough Construction). Lot 3 totaled
approximately 3.389 acres at the time the Applicant acquired the property. Since the
construction of the new detention pond, the net acreage of the site has been reduced to
approximately 1.71 acres. Approximately half of the original site (1.68 acres) was
dedicated to the construction of the detention pond. This detention pond, which will
accommodate present and future drainage needs in the Grand Oak/Spectrum area, has a
substantially larger capacity than is needed for just the 27 acre Spectrum Business Park
development. Its construction has placed some unexpected development constraints on
land planning this commercial corner. A hardship was placed on the Applicant, making
the development of this land parcel to its highest and best use as a Corporate office
building much more difficult.
RECEIVED OCT 2 1, ^{.
IUOU 131un Gentian Road • Suite 135 • Eagan. MN 55121
651.675.0500 0 I,t' 651.675.2290
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
E. PROJECT 928, MEADOWVIEW ROAD/ ALEXANDER ROAD
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
ACTION TO BE CONSIDERED: Continue the Final Assessment Hearing for Project
928 (Meadowview Road/ Alexander Road - Street Improvements) to December 4, 2006.
FACTS:
• Project 928 provided for upgrade of Meadowview Road to current City standards and
realignment/resurfacing of Alexander Road, located west of Highway 13 in northwest
Eagan. The project also provided for the construction of concrete entrance aprons to
commercial/ industrial properties along both streets.
• The Final Assessment Roll was presented to the City Council on October 3, 2006,
with a public hearing scheduled for November 9 to formally present the final costs
associated with this public improvement to the affected benefiting properties.
• All notices have been published in the legal papers and sent to all affected property
owners informing them of this public hearing. An informational meeting was held on
November 2 to address all property owners' questions or concerns and provide any
additional information of interest. Of the 10 parcels (all Commercial/ Industrial) being
assessed, 2 people representing one parcel attended.
• As a result of questions raised at this meeting regarding the assessment amounts and
allocation methodology, the City Attorney is recommending that the Final
Assessment Roll be revised. This will require re-notification of all property owners
and new publications for the rescheduled hearing date of December 4, 2006.
ATTACHMENTS:
• Project improvement and assessable properties map, page
iLp
LEGEND
ASSESSMENT AREA
STREET UPGRADE
STREET OVERLAY
CONCRETE ENTRANCE APRON
STATE OF MINNESOTA
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G:Project and Contract Info\0928 Meadowview Alexander\Graphics\Assessments
Meadowview Rd. / Alexandria Rd.
401 City of Eaaai Street Improvements - Assessment Map 10/26/06
Engineering Department e? Project 928
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
F. OUTLOT A, RIVERPARK OFFICE CENTER
EASEMENT VACATION
ACTION TO BE CONSIDERED: Approve the vacation of a portion of public drainage
& utility easements within Outlot A, Riverpark Office Center and authorize the Mayor
and City Clerk to execute all related documents.
FACTS:
• On September 14, 2006, City staff received a petition from William Everson of Blue
Cross Blue Shield/Minnesota, requesting the vacation of a portion of an existing
drainage and utility easement within Outlot A, Riverpark Office Center, at the
northwest corner of the intersection of Yankee Doodle Road and Yankee Drive.
• The drainage and utility easement was dedicated as part of the Riverpark Office
Center plat for ponding and general utility purposes. A 24" storm sewer pipe is
located in this general area.
• On July 31, 2006, the City Council approved a Planned Development Amendment to
allow three pylon directional signs and a uniform sign package for the Blue Cross
Blue Shield properties. Two pylons are to be located on the south side of Yankee
Doodle Road between Highway 13 and Blue Cross Road, and one pylon at the noted
location on Outlot A Riverpark.
• A condition of this Council approval required a petition to vacate a portion of the
easement area on Outlot A prior to the recording of the Planned Development
Agreement and issuance of the sign permits.
• The purpose of the request is to allow the property owner to construct the pylon sign
as indicated in the presentation to the City Council at the July 31 meeting.
• 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
• Easement Vacation Exhibit, page 9Z--
ge
AbIlL. Outlot "A" - Riverplace Office Center
City of ll Proposed Easement Vacation
Engineering Department gj Location Map
9120106
That part of Outlot A, Riverpark Office Center, within Section 8, Township 27, Range
23, Dakota County, Minnesota, commencing at the northeast corner of Outlot A,
Riverpark Office Center; thence South 32 degrees 17 minutes 20 seconds West a distance
of 22.00 feet to the point of beginning of the line to be described; thence South 32
degrees 17 minutes 20 seconds West a distance of 31.00 feet; thence North 57 degrees 42
minutes 40 seconds West a distance of 20.00 feet; thence North 32 degrees 17 minutes 20
seconds East a distance of 31.00 feet; thence South 57 degrees 42 minutes 40 seconds
East a distance of 20.00 feet to said point of beginning and said line there terminating.
Y'9
\ DRAINAGE
\ EASEMENT
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PROPOSED VACATION
'90
Outlot "A" - Riverplace Office Center
Engineering Department O Proposed Easement Vacation
9/20/06
Agenda Information Memo
November 9, 2006, Eagan City Council Meeting
VI. OLD BUSINESS
A. CANVASS OF BALLOTS - NOVEMBER 7, 2006 MUNICIPAL ELECTION
ACTION TO BE CONSIDERED:
To certify the results of the November 7, 2006 Municipal Election.
FACTS:
• State law provides that within seven days after an election, the governing
body of a city conducting any election including a special municipal
election shall act as the canvassing board, canvass the returns, and
declare the results of the election.
• Election results will be distributed at the meeting on Thursday.
ATTACHMENTS:
(None)
qi
Agenda Memo
November 9, 2006 Eagan City Council Meeting
NEW BUSINESS
A. CONSIDER PROPOSAL FROM EAGAN ART HOUSE
ACTION TO BE CONSIDERED:
Approve proposal from the Eagan Art House Board to have the Eagan Art House
operations become part of the Parks & Recreation Department.
FACTS:
• A letter from Vicki Wright, Chair of the Eagan Art House Board requesting a change to
their partnership with the City along with a staff memo discussing this request was
distributed as additional information on October 20.
• This year, the Eagan Art House was audited by the Internal Revenue Service and by the
Minnesota Department of Revenue. The audit demonstrated that the EAH is in good
financial standing, but must reclassify all instructors from independent contractors to
employees by January 1, 2007. The Art House Board does not feel that it has the
bookkeeping/administrative resources to run their organization with this change and is
requesting that the programs and appropriate staffing be absorbed into Eagan Parks and
Recreation.
• All penalties resulting from this decision will be the responsibility of the current non-
profit organization and will be paid before the City assumes management.
• The mission of the Eagan Art House fits very closely with the goals of Eagan Parks and
Recreation and the two organizations have worked in partnership for many years.
Recreation art classes also support the direction created in the 2020 Vision as they
provide cultural programming suitable and accessible to a wide range of ages and
abilities.
• If this agreement is approved, the Eagan Art House Board would change the mission of
their non-profit organization to become solely a supporting, fundraising arm, with no
direct operational responsibility for the Eagan Art House. The board would retain its role
in managing the Eagan Arts Festival with proceeds to benefit the Eagan Art House.
• The new partnership would be very similar to the City's current partnership with the
Friends of the Farm. This successful partnership has provided volunteer service,
programs and improvements at the Historic Holz Farm for several years.
ATTACHMENTS:
• Background memos on pages toy
9 0;
From: Vicki Wright [mailto:vickiwriahthcomcast.net1
Sent: Thursday, October 19, 2006 2:02 PM
To: Juli Johnson
Subject: Eagan Art House 2007
Importance: High
To Tom Hedges and Julie Johnson -
The Eagan Art House is currently providing a substantial amount of programming
for Eagan Parks and Recreation as well as operating the annual Eagan Art
Festival. We have been operating as an non-profit partner of the City of Eagan
and are seeking to make some changes to clarify that relationship.
1. This year, our organization was audited by the Internal Revenue Service and
by the Minnesota Department of Revenue. That audit demonstrated that we are
in good financial standing, but that we must reclassify our contractors as
employees by January 1, 2007. Any penalties resulting from this decision will be
the responsibility of the current non-profit organization and will be paid before this
date. We are hoping that the teachers can become part-time employees of
Eagan Parks and Recreation. This would also include Julie Anderson, currently
employed as the director of the Eagan Art House.
2. As the City now manages the registration for our classes, the board of
directors is also seeking to have the operation of the Eagan Art House to come
under the management of Park and Recreation.
3. The building occupied by the Eagan Art House in Patrick Eagan Park is owned
by the City and leased by our organization for $1.00/year. The board is willing to
forego this lease agreement and also return its use to the City for the Eagan Art
House programs.
4. With these changes, the board of directors would then change the mission of
the non-profit organization to become solely a supporting, fundraising arm, with
no direct operational responsibility for the Eagan Art House, retaining its role in
managing the Eagan Art Festival - proceeds to benefit the Eagan Art House.
This document is a draft for our mutual consideration. We hope to refine this
proposal for presentation to the Eagan City Council before the end of this year,
with your help. Thank you very much.
Vicki Wright
Chair, Board of Directors
Eagan Art House, Dakota Center for the Arts
Mobile: 651226.8954
E-mail: vickiwrightaC).comcast.net
95
TO: Tom Hedges, City Administrator
FROM: Juli Seydell Johnson, Director of Parks and Recreation
DATE: October 19, 2006
RE: Eagan Art House Request for Art House Operations to Become a Part of
the Eagan Parks and Recreation Department
The Eagan Art House Board has approached City staff regarding the possibility of Art
House programming becoming a part of the Eagan Parks and Recreation department.
Due to the results of an IRS audit, the Art House must hire their instructors as employees
rather than independent contractors as they have in the past. The Art House Board does
not feel that it has the bookkeeping/administrative resources to run their organization
with this change.
The mission of the Eagan Art House, along with the classes and services offered to Eagan
residents, fit very closely with the goals of Eagan Parks and Recreation. The two
organizations have worked in partnership for many years. Recreational art classes also fit
very well with the direction created recently in the 20/20 Vision as they provide cultural
programming suitable and accessible by a wide range of ages and abilities.
Expanding the partnership to allow the administration of all classes to become a part of
Parks and Recreation operations will allow for the Eagan Art House to further benefit
from the staff, administrative structures and resources available within the City. In the
end, this will lead to an expansion of art-related classes and programs to Eagan residents.
The Art House has been operating with a balanced budget for the past several years.
Because all program revenues along with program expenses would be absorbed into the
City budget, there would likely need to be only a small subsidy during the transition
($3,000-$5,000) in addition to the in-kind services currently included in the Art House
partnership. The subsidy would be expected to decrease as the art programs continue to
grow.
The Art House Board of Directors would like to take a role similar to that of the Friends
of the Farm at Holz Farm. The board would become solely a supporting, fundraising
arm, with no direct operational responsibility for the Eagan Art House. They would
continue to manage the Eagan Art Festival. This type of partnership has been successful
at Holz Farm.
This opportunity seems to offer a positive resolution to the difficult situation that the Art
House Board has encountered. The transfer will combine the strengths of Parks &
Recreation operations with the strong arts foundation created by the Art House to move
forward with a solid offering of leisure-time arts-based classes and activities for Eagan
residents.
9?
Background: Current Eagan Art House - City of Eagan Partnership
• The City of Eagan purchased the Lillian McCarthy house and the surrounding
property to become part of Patrick Eagan Park. The original intention was to provide
for a more formalized entrance to the park.
• The house was rented for a period of time as a private residence until there was a
emerging interest from a fledgling art association that saw the need to provide a level
of art programming in the community. The partnership with the City originally
involved the use of the house in Patrick Eagan Park since there were no other city
facilities that would be able to house this new programming element.
• The Art House provides a variety of art classes and art-related events to the
community. The Parks and Recreation Department does not offer art-based classes.
• Art House classes had 1,341 registered participants in 2005. This is similar to the
number of participants in City preschool programs during the same year. Total
recreation program registrations in 2005 were 25,000.
• The Art house leases the house in Patrick Eagan Park for $1.00 per year. The City
provides lawn maintenance, snow and ice removal (except for sidewalk to house
entrance), trash pick-up, pumping of septic tanks, cleaning supplies for the building
and general repairs as needed.
• City improvements to the building for the Art House have included: remodeling of
the original house into class room space with an accessible restroom, addition to an
accessible ramp, remodeling of garage into pottery studio, connected City water
service, rewired house for kilns, replaced house roof and constructed a stage for Art
House events.
• The City provides clerical management for most Art House class registrations and
promotes Art House classes in the Discover brochure. The cost of the space in the
Discover brochure including mailing is $12,840. The cost of the clerical time required
to manage the registrations is approximately $5,000.
• The City retains 8% of Art House class registration revenues. In 2005 this was $6825.
• The Art House Board has been discussing the possibility of a campaign to solicit
funding for future expansion of the existing building and/or campus in order to
expand programming opportunities.
95"
Agenda Information Memo
November 9, 2006 Eagan City Council Meeting
B. WETLAND DELINEATION REPORT - WETLAND REPLACEMENT
PLAN - LONE OAK BUSINESS CAMPUS
ACTIONS TO BE CONSIDERED: 1) Receive and affirm the wetland delineation
report; and 2) Approve wetland replacement plan by Lone Oak Development, LLC. for
wetland impacts of the proposed Lone Oak Business Campus development.
FACTS:
• Minnesota Wetland Conservation Act (WCA) rules provide that the Local
Government Unit (LGU) is responsible for wetland-related decisions. The rules
allow decision authority to be placed with staff according to procedures established
by the LGU.
• On November 8, 2001, the City Council delegated the decision authority for
exemption, wetland type, wetland boundary, and no-loss determinations to the Water
Resources Coordinator while retaining approval authority for replacement and
wetland banking plans.
• Recent special interests and challenges to wetland-related decisions have resulted in
administrative procedures whereby all authorized staff decisions are formally
reviewed and affirmed by the City Council.
• A wetland delineation report dated August 2006 was submitted by McCombs Frank
Roos Associates, Inc. for this site. The Water Resources Coordinator has field
verified and confirmed the delineation of portions of two state public waters and 10
other wetlands.
• Effective September 2006, the developer completed a wetland replacement plan
application. The proposal includes 49,148 ft2 (1.14 acres) of proposed fill impacts to
seven wetlands to be replaced on site by 52,860 ft2 of new wetland credits and
123,385 ft2 of public value credits. Neither of the state public waters is proposed to be
impacted by draining, filling, or excavation.
• The Water Resources Coordinator has reviewed and provided findings on the wetland
replacement plan application in favor of approval (see attached).
• At its October 16, 2006 meeting, the Advisory Parks Commission recommended
approval of the wetland delineation report and the wetland replacement plan.
ATTACHMENTS:
• LGU Findings of Fact, page
• LGU Sequencing Findings of Fact, page - 7
9?
11/03/2006 14:05 EAGAN MAINTENANCE 4 CITY HALL DNSTR
Location of Project: SE 1 27N ?Uw
'/. /4 Sec. T". Range Lot/Block
1. Type of determination requested (check those that apply):
Exemption (WCA Exemption 9 No-Loss
X Wetland Boundary and Type ( Replacement Plan
N0. 964 102
2. Description of Wetland(s) with proposed impact:
a. Wetland Type (Circular 39) 1,2,3 (Cowardin)
b. Wetland Size
c. Size of Proposed Impact (acres and square feet) 1=2.966 sq.i =14.817 soft.: 3=31,365 sq.fi.
3. Have sequencing requirements been met? Attach Sequencing Finding of Fact as supporting information.
E Yes ? No (if no, list why)
4. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the
metropolitan surface water management plan and metropolitan groundwater management plan, and local comprehensive
plan and zoning ordinance? (Eyes ? No (if no, list why)
5. How will the project affect the following wetland functions:
Functions Impact No Impact LuMrove
Floodwater Storage X
Nutrient Assimilation X
Sediment Entrapment X
Groundwater Recharge X
Low Flow Augmentation X
Aesthetics/Recreation X
Shoreland Anchoring X
Wildlife Habitat I,
Fisheries Habitat X
Rare Plant/Animal Habitat X
Commercial Uses X
6. For replacement plan or no-loss determinations, are wetland functions maintained at an equal or greater level?
® Yes ? No (if no, list why)
7. Is approval of the activity proposed in item I. recommended?
® Yes ? Yes, with Conditions ? No (if no, list why)
If no, why?
S. SIGl1')TURE
L U Rep rat (Dale)
Page I of l 9?
LGII Findings of Fact.doc ``??
(August 2005)
County: Dakota LGU Contact: Eric Macbeth
Project Name/#:Lone Oak Business Campus/App.# 06090805 Phone #: 651.675.5300
11/03/2006 14:05 EAGAN MAINTENANCE -4 CITY HALL DNSTR
Date: October 9. 2006
Project Name or Number: Lone Oak Business Campo,
Location of Project: SE
tV4 i/0 1/4
I. DETERMINATION OF IMPACT AVOIDANCE
1) Is the project wetland dependent?
? yes C?J no (If yes, proceed to Item 11 of this form)
LOU: City of Ewan
LOU contact: Eric Macbeth
l 27N 2
Sec. Twp. Range
NO.964 003
2) Has the applicant provided documentation describing at least 2 good faith alternatives that would avoid
wetland impacts? (e.g. no-build, alternate sites, alternate project configurations)
M yes ? no (If no. then sequencing requirements are not met and the permit cannot be approved)
3) Have all feasible and rodent alternatives that would avoid impacts to wetlands been considered?
Z yes ? no (7f no. then sequencing regt-iiremenrs are not me: and the permit canner be approved)
IT. DETERMINATION OF IMPACT MINIMIZATION (8420.0520, Subp. 4)
1) Has the applicant sufficiently demonstrated efforts to minimize impacts to wetlands by considering the
following?
• Spatial requirements of the project Individual and cumulative impacts
Locations of existing structural or natural features Alternative project configurations
• Project purpose relative to the proposed impacts • Site constraints
• Confining impacts to the fringe of the wetland(s) Site design relative to natural features
• Value, function, and distribution of wetlands on the site - Others as necessary
® yes ? no (If no, then the LGU shall trot (fy the applicant in writing of Its objections to the project. If the application is not
withdrawn or modified to satisfy the LGU's objections within 30 days, then dire statement of objection shall
constitute n denial of the application.)
I11. DETERMINATION OF IMPACT RECTIFICATION (8420.0520, Subp. 5)
t) Has the applicant proposed to repair, rehabilitate, or restore to pre-project conditions any temporary impacts
associated with the project`?
? yes ? no O N/A (Ifno, then sequencing requirements are not met and the permit can, of be approved)
IV. DETERMINATION OF REDUCTION OR ELIMINATION OF IMPACTS OVER TIME (8420.0520,
Subp. 6)
1) Will additional wetland impacts be reduced or eliminated by maintaining, operating, and managing the project
in a manner that preserves and maintains the remaining wetland functions and values?
® yes ? no (If rro, then sequencing requirements are not met and the permit cannot be approved)
V. UNAVOIDABLE IMPACTS (8420.0520, Subp. 7)
I) Will unavoidable wetland impacts be replaced in accordance with M.R. 8420.0530 to 8420.0630?
M yes ? no (If no, then sequencing requirements are not met and the perrnit cannot be approved)
VI. SEQUENCING FLEXIBILITY (8420.0520, Subp. 7a)
1) Has sequencing flexibility been requested?
® yes ? no (If yes, explain compltence with MN Rule 8420.0520, Subp. 7a)
Explanation: Alternatives have been considered and proposed replacement to provide equal or greater
functions and public values.
2) Will the proposed replacement wetland provide equal or greater functions and values than the impact wetland?
® yes ? no (If no, then sequencing flexibility cannot be implemented)
Based on the information above, is sequencing adequately addressed?
ZYE ?NO
`0
Authorized IJKU fficial Date
Page l of l
Sequencing Findings of Fact.doc 0 (December 2002)
Agenda Information Memo
November 9, 2006, Eagan City Council Meeting
C. PRELIMINARY PLANNED DEVELOPMENT - LONE OAK
DEVELOPMERNT
ACTIONS TO BE CONSIDERED:
To approve (OR direct preparation of findings of fact for denial for) a Preliminary Planned
Development to create an office park upon approximately 85 acres located north of Lone Oak
Road west of Inver Grove Heights in the SE'/4 of Section 01, subject to the conditions listed in
the APC minutes, as amended.
REQUIRED VOTE FOR APPROVAL: At least three votes
FACTS:
? The development site contains several wetlands and a shoreland protected lake as
well as scattered wooded areas.
? The proposal consists of seven buildings with 676,000 sq. ft. of commercial office
and warehouse space.
? The scale of the proposal required submittal of a mandatory Environmental
Assessment Worksheet (EAW). The City Council made a negative declaration on the
need for an Environmental Impact Statement on October 17, 2006.
? The Wetland Replacement Plan application has been made and appears separately on
this meeting agenda for Council action.
? The development site will need to be subdivided and platted, and a Final Planned
Development will be required for each building.
? Shoreland zoning applies to approximately 3/4 of the site.
? Through the Planned Development, flexibility in typical zoning standards can be
accommodated.
? This Preliminary PD provides site design and infrastructure plans for the entire 85-
acre site. More detailed plans will be submitted with the subdivision and Final PD
applications.
? The acceptability of deviations to typical City Code standards is a policy matter to be
determined by City officials. Proposed deviations include:
• Green space and building coverage for the entire site rather than individually for
each lot or building.
• Two five-story buildings exceeding the 35-foot height limit of the shoreland
district.
• Impervious coverage area exceeding 25% in the shoreland overlay district.
• Parking setbacks less than 20' from the public right-of-way and adjacent property.
• Reduced parking stall size and a reduced number of parking stalls.
99
? In reviewing the conditions of approval in the APC minutes, the City Attorney
identified some redundancies. Staff has edited and consolidated a few of the
conditions to eliminate duplication and clarify content. A copy of the edited
conditions is attached.
? On October 24, 2006, the Advisory Planning Commission held a public hearing on
the Preliminary Planned Development and recommended approval.
ISSUES:
? Of the proposed deviations, the APC action was to require the developer to meet
parking setbacks and parking stall size requirements.
ATTACHMENTS (2):
October 24, 2006 APC Minutes, pages, through lOb
Edited Conditions of Approval, page /Q
Staff Report dated October 18, 2006, pages, hroughA9'0
/ ,?o
8. The existing shed on proposed Lot 1 shall be relocated to meet required building
setbacks.
Chair Hansen explained to the audience that the commission had little choice but to
recommend approval because proposed subdivision was consistent with all City
subdivision and zoning standards.
A vote was taken. All voted in favor. Motion carried: 7-0.
B. Lone Oak Business Campus
Applicant Name: Lone Oak Development
Location: 565 Lone Oak Road; North of Lone Oak Road adjacent to
Inver Grove Heights
Application: Preliminary Planned Development
A Preliminary Planned Development of 85+ acres to create a multi-building
office and office/warehouse business campus.
File Number: 01-PD-04-08-06
Planner Dudziak introduced this item and highlighted the information presented in the
City Staff report dated October 18, 2006. She noted the background and history.
Applicant Gary Tushie, Tushie-Montgomery & Associates, Inc., discussed their requests
for deviations to the requirements for green space, parking setbacks, parking stall
dimensions, and clarified the height of the multi-story office buildings.
Chair Hansen opened the public hearing.
John Todd, 6689 Argenta Trail, Inver Grove Heights, discussed the history of the
property and concern for protection of the lakes and wetlands.
Kathy Weiner, 510 Lone Oak Road discussed possible roadways, screening, setbacks
and water run off.
Jeremy Illg, 540 Lone Oak Road discussed concerns with the future widening of Lone
Oak Road.
George Mikutowski, 520 Lone Oak Road stated concern for assessments for water and
sewer.
There being no further public comment, Chair Hansen closed the public hearing and
turned the discussion back to the Commission.
Sirish Samba, Civil Engineer with MFRA, addressed questions about storm water run
off and water quality on the property.
lo(
Member Keeley noted structured parking could speak to a number of concerns. She
discussed benefits of an amended parking plan. She stated support for the use of low
impact development measures in the development.
There was discussion on the parking and parking setback requirements, including the
applicant's request to deviate from standard requirements. There was also discussion
about the green space, building height, and right-of-way.
Member Dugan asked for clarification on the height and location of the multi-story
buildings, the number of parking stalls and the anticipated development scenario.
Planner Dudziak clarified the concern relative to the parking areas not meeting setback
from the new north/south collector street; she stated the standard 20' setback provides
a continuous green space that affords an opportunity berm and landscape the parking
lot from the street.
Mr. Tushie discussed green space around the lake and the rationale for the location and
building height of the two multi-story office buildings. He stated the City's ordinance for
parking requirements is in excess of industry standards. He discussed the build-to-suit
lots and explained that the development will be built in phases, as needed.
City Engineer Russ Matthys clarified that the new north-south road is a collector street
with an 80-foot right of way to accommodate a road of 54 feet, as well as a trail or
sidewalk on both sides.
Member Keeley moved, Member Heaney seconded a motion to recommend approval of
a Preliminary Planned Development to create an office commercial development
upon approximately 85 acres located north of Lone Oak Road and west of the Inver
Grove Heights border in the SE 1/4 of Section 1, subject to the following conditions as
amended:
The developer shall execute a Preliminary Planned Development Agreement which
includes the following plans:
• Site Plan
• Building Elevations
• Site Lighting Plan
• Landscaping Plan
• Signage Plan
2. A Final Planned Development Agreement shall be executed for each building/lot of
the development. The following plans are necessary for the Final Planned
Development Agreement:
• Final Site Plan
Final Building Elevations
Final Site Lighting Plan
Final Landscaping Plan
• Final Signage Plan
3. The property shall be subdivided and platted prior to issuance of any building
permits.
4. This development shall be subject to RD, Research and Development, zoning
district setback requirements.
5. A minimum of 50% green space shall be provided for the overall development.
6. Parking setbacks shall be provided in accordance with the City's zoning code.
7. Parking stalls shall be a minimum of 9 feet in width and 19 feet in depth.
8. If additional parking spaces are required by an actual tenant in Buildings 6 or 7 that
exceeds the number provided, the additional parking shall be provided through
structured parking such that the total green space is not reduced.
9. Buildings 1 and 2 shall not exceed one story and 45 feet in height, and Buildings 3-5
shall not exceed one story and 35 feet in height. Buildings 6 and 7, shall not exceed
five stories and 75 feet in height.
10.A detailed landscape plan shall be submitted at the time of Final Planned
Development for each building, overlaid on the grading and utility plans and
including a landscape schedule and planting specifications and notes.
11.A site lighting plan shall be submitted at the time of Final Planned Development for
each building. Lighting fixtures shall be consisted throughout the development
Minimum light levels of 0.5 footcandles shall be provided in all parking lot areas, and
light levels shall not exceed one footcandle at the property line. Average to
minimum ratios within parking lots shall not be greater than 4:1.
12. Building architecture and materials shall comply with the City's architectural
standards ordinance. All buildings within this Planned Development shall utilize
some common architectural features and materials.
13. Trash enclosures shall be provided in accordance with City ordinances, attached to
the principal structure and constructed of materials to match the principal structure
with gates or doors having at least 90% opacity.
14. All ground and roof-mounted mechanical equipment shall be screened in
accordance with the provisions of the City's zoning code.
15. Site and building signage shall be subject to City Sign Code standards. One
monument sign is permitted for each building and all monument signs in this
/O.3
Planned Development shall be consistent in design and size and be constructed of
the same materials.
16. The future park dedication for the development(s) shall be satisfied through a cash
dedication, the method and timing of the calculation to be determined through
consultation with staff. (payable at the time of building permit at the rates then in
effect.)
17. The future trails dedication for the development(s) shall be satisfied through a cash
dedication. A full credit may be given for portions of a trail within the grade of the
primary public roadway, consistent with the City Transportation plan and built to City
specifications. Additional credit may be granted, upon staff review, for on-site trails
determined to provide connectivity and obvious public value, all found to be
consistent with the over-all resource protection measures implemented on the site.
18. Water quality requirements shall be met through the construction of on-site
treatment ponds.
19. The developer shall modify the outlet structures of the treatment ponds to increase
storage times in the ponds and allow retention of up to 5-year storms and infiltration
through side slopes of the ponds to achieve higher levels of reduction (up to 96%) in
the post-development phosphorous loads. Vegetated buffer strips, rain gardens,
infiltration basins, and other low-impact Best Management Practices shall be
incorporated as needed to further reduce phosphorus load and runoff volume
further.
20. A cash water quality dedication will be due for the amount of land area that drains
stormwater off-site without treatment payable at the time of final plat or issuance of
building permit, whichever occurs first.
21. The wetland delineation report must be formally accepted by the City Council prior to
approval of the Preliminary Planned Development.
22.The City Council must make a formal decision regarding the acceptability of the
wetland replacement plan prior to approval of the Preliminary Planned Development.
23. The applicant shall be responsible for submitting a Tree Mitigation Plan at the time of
Preliminary Subdivision that satisfies any tree mitigation required for the
development.
24. The applicant shall protect the preserved trees' 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.
?D?
25. The applicant shall contact the City Forestry Division and set up a pre-construction
site inspection at least five days prior to the issuance of the grading permit to ensure
compliance with the approved Tree Preservation Plan and placement of the Tree
Protection Fencing.
26.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.
27. 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.
28. Public improvement projects providing for pipe outlets for Ponds FP-8 and FP-9, in
accordance with the Storm Water Management Plan, shall be approved by the City
Council prior to final subdivision approval for this development.
29. The grading and site plan shall be revised to reflect street grades below 6 percent on
the collector roadway.
30. The developer shall provide temporary public easement over the temporary cul-de-
sac at the south end of the proposed street.
31. The internal roadway/ service drive system of the site plan should be modified to
reflect restriction of access to Lone Oak Road per Dakota County requirements.
32. At time of subdivision approvals, this development shall accept the City's
determination of responsibility and per acre costs for mitigative traffic improvements
as identified in the Northeast Eagan Area Wide Traffic Study and provide payment of
such costs to the City pursuant to an escrow agreement in a form acceptable to the
City Attorney.
33.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.
34. 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.
35. This development shall dedicate, provide, or financially guarantee the acquisition
costs of drainage, ponding, and utility easements in addition to public street rights-
/05-
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.
36. To the extent that cross parking is utilized, cross easements shall be provided at the
time of final subdivision in a form acceptable to the City Attorney.
37.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 (in a form acceptable to the City Attorney).
38. 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.
39.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.
40.A detailed grading, drainage, erosion, and sediment control plan must be prepared
in accordance with current City standards prior to final plat approval.
41.This development shall ensure that all dead-end public streets shall have a cul-de-
sac constructed in accordance with City engineering standards.
42.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 two years after the date of
City certified compliance.
43. 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.
44. This development shall be responsible for the acquisition of all regulatory agency
permits required by the affected agency prior to final plat approval.
45.A more detailed landscape plan will be required at the time of Final Planned
Development for each lot/building. Landscaping shall be in addition to required
mitigation. Each Final Landscape Plan shall include a planting schedule, planting
specifications and notes, automatic irrigation, and be signed by a certified landscape
architect.
Chair Hansen commented that the proposal has a significant number of conditions.
A vote was taken. All voted in favor. Motion carried: 7-0.
/G'O
Lone Oak Business Campus Conditions
10. A detailed landscape plan shall be submitted at the time of Final Planned
Development for each building, overlaid on the grading and utility plans and -and including a landscape schedule, planting specifications and notes, automatic
irrigation and signature of certified landscape architect.
23. The applicant shall be responsible for submitting a Tree Mitigation Plan at the
time of Preliminary Subdivision that satisfies any tree mitigation required for the
development. Tree mitigation shall be in addition to required landscaping.
mitigation.
42. A separate detailed landseape plan shall be submitted ever-laid on the propose
grading and utility plan. The financial guarantee for landscaping such p! shall
be included in the Development Contract and shall not be released until two years
after the date of City certified compliance.
45. A ,n e detailed landscape plan will be " re'l at the time of Final Planned
Development for- eaeh let?bttilding. Landscaping should be in addition to " re'l
mitigation. Each Final Landscape Plan should planting
a certified landscape architect
Edited Nov. 3, 2006
V 7
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: October 18, 2006
APPLICANT: Lone Oak Business Campus
PROPERTY OWNER: Lone Oak
Development, LLC
REQUEST: Preliminary
Planned Development
CASE: 01-PD-04-08-06
HEARING DATE: October 24, 2006
APPLICATION DATE: October 17, 2006
PREPARED BY: Pamela Dudziak
LOCATION: North of Lone Oak Road west of Inver Grove Heights
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: PD, Planned Development
SUMMARY OF REQUEST
Lone Oak Development, LLC is requesting approval of a Preliminary Planned Development to
create an office commercial development upon approximately 85 acres located north of Lone
Oak Road and west of the Inver Grove Heights border in the SE 1/4 of Section 1.
AUTHORITY FOR REVIEW
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.
4. Encouraging the preservation and enhancement of desirable site characteristics, natural
features, and open space.
/dc)
Planning Report - Lone Oak Business Campus
October 17, 2006
Page 2
5. Encouraging a development pattern that is consistent with land use density, transportation
facilities and community facilities objectives of the Comprehensive Plan.
BACKGROUND/HISTORY
The site consists of several unplatted parcels.
In 2004, subsequent to a Comprehensive Guide Plan Amendment proposal for this property, the
City Attorney and staff reviewed the zoning and Comprehensive Guide Plan history of the
subject site and found that the site had a zoning of R-1, Single Family with the 1964 subdivision
known as Delaware Estates. The property retained the R-1 zoning until Cray Research acquired
and rezoned it to Planned Development in the early 1990's. Since the City's first Comprehensive
Guide Plan in 1974, the property has been guided for retail, office, office/showroom and research
and development.
EXISTING CONDITIONS
The site consists of several unplatted parcels, scattered wooded areas, many wetlands and one
shoreland waterbody on the north end of the site.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use Designation
North Single-Family home PD, Planned Development SA-O/S, Special Area -
Office/Service
South Single-family homes/ PD, Planned Development SA-O/S, Special Area -
Gift of Mary site, Office/Service
approved but not yet
developed
East Vacant/Single-family Agricultural Low Density Residential
(Inver Grove Heights) (up to 6 units per acre)
closest structure to
Eagan border is -750'
West Ecolab PD, Planned Development SA-O/S, Special Area -
Office/Service
EVALUATION OF REQUEST
Description of Proposal - The applicant is proposing a commercial office development
consisting of seven buildings on approximately 85 acres. The development site contains
numerous wetlands, and a shoreland protected lake on the northern end. The proposal
incorporates a public street extending north from Lone Oak Road through the site. Private streets
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Planning Report - Lone Oak Business Campus
October 17, 2006
Page 3
and service drives provide access to each of the proposed buildings.
Two of the buildings are proposed to be five stories, the other five buildings are proposed as one-
story. The two multi-story buildings are situated in the central portion of the site, south of the
lake. All parking is proposed to be in surface lots initially. The applicant's narrative states
structured parking will be provided if necessary for the two five-story buildings, Buildings 6 and
7.
Lot lines are shown on the site plan although a request for preliminary subdivision has not been
submitted to date. The application request is for Preliminary Planned Development approval,
subdivision of the land is expected in the future.
Compatibility with Surrounding Area - The proposed office and office/warehouse uses are
compatible with surrounding development in Eagan, which has a zoning or comprehensive guide
plan land use designation of SA-Office/Service or Office/Service. The adjacent property to the
east in Inver Grove Heights is largely undeveloped, with a couple single-family homes. The IGH
property is zoned Agricultural and has a land use designation of Low Density Residential (6
units/acre)
Airport Noise Compatibility - The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
in its Transportation Policy Plan that anticipates the impacts from the continued operation of the
airport at its current location. The current noise policy contours place this site within the buffer
zone of Noise Zone 4. The Met Council has recently adopted new land use compatibility
guidelines, which incorporate the 2007 Noise Policy Contours. Under the new guidelines, office
and warehouse uses are considered compatible in this zone.
Environmental Assessment Worksheet - The scale of this development proposal required
preparation of a mandatory EAW. The EAW was submitted with the application. The public
comment period for the EAW expired on October 11, 2006. The City received comments from
Dakota County, the Metropolitan Council, the Minnesota Department of Transportation, the
Minnesota Pollution Control Agency, and the Minnesota Department of Natural Resources. The
EAW was brought before the City Council on October 17, 2006, and the City Council made a
negative declaration regarding the need for an Environmental Impact Statement.
Density - This proposal consists of 676,000 sq. ft. of commercial office and warehouse space on
approximately 85 acres. Because of the lake on the northern portion of the site, development is
concentrated on the southern two-thirds of the site.
Lots - A subdivision application was not submitted, however, a preliminary plat drawing was
included that shows future anticipated lots. The plat drawing shows lots that conform in size and
dimensions to the Research and Development zoning standards.
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Planning Report - Lone Oak Business Campus
October 17, 2006
Pane 4
Proposed Lots 1 and 2, Block 1 (Buildings 7 and 5) do not have public street frontage. The City
Code prohibits landlocked parcels or parcels that are served only by private easements.
However, for the purposes of establishing separate taxable parcels within a commercial complex,
the City may permit landlocked parcels provided the parcels "have access to a public street by an
easement over another parcel with the same ... complex. This matter will be reviewed more
closely at the time of subdivision.
Shoreland Zoning Standards - The site lies within the shoreland overlay district of Shanahan
Lake, a general development State DNR waterbody The lake and surrounding wetlands occupy
approximately the northern 1/3 of the site. The shoreland overlay zone extends over
approximately the northern 3/4 of the site. The subject site is zoned Planned Development.
The Shoreland Ordinance is applied as an overlay in conjunction with the base zoning of the
property. The purpose and intent of the shoreland ordinance is "to regulate the use and
development of shorelands of public waters to preserve and enhance the quality of surface
waters, conserve the economic and natural environmental values of shorelands and provide for
effective and efficient use of waters and related land resources." The shoreland zone extends
1,000 feet from the Ordinary High Water Level of the protected lake. In addition to standard
zoning requirements, the shoreland zoning contains provisions regarding density, vegetation
removal, open space, setbacks, and impervious surface coverage and building height.
The following dimensional standards apply in the shoreland overlay zone. For comparison
purposes, typical RD, Research and Development, zoning standards are also identified.
Lot
Size Lot
Width Width at
Shoreline Setbacks Building
Height Lot
Coverage
RD 40 acres 300' N/A Front: 30' 45' 20% bldg.
Zoning (minimum Side: coverage;
Standards contiguous 10' house 25% min.
RD district) 5' garage green space
Rear: 15'
Shoreland Avg. Size 100' 100' 50' bldg. Four 25%
Riparian Riparian: from Stories; impervious
NonRiparian 40,000 s.f. OHWL* >35' surface for each
Nonriparian requires lot and within
20,000 s.f. CUP each tier
Structure setbacks from the lake for Buildings 6 and 7 are proposed to be a minimum of 100 feet,
which exceeds the required 50-foot minimum. While the lot sizes and dimensions will be
reviewed more closely at the time of subdivision, it appears that the minimum lot requirements
within the shoreland district can be satisfied. The two five-story buildings will exceed the 35'
maximum building height established in the shoreland ordinance. Building height can be
Planning Report - Lone Oak Business Campus
October 17, 2006
Page 5
increased with a conditional use permit, or through the Planned Development approval in lieu of
a conditional use permit.
Shoreland zoning requires at least 50% of the project area to be preserved as open space, and at
least 50% of the Shore Impact Zone shall be preserved in its natural state. The Shore Impact
Zone for this lake extends 25 feet from the OHWL. Open space shall include areas with physical
characteristics unsuitable for development in their natural state. This development proposes
most of the Shore Impact Zone preserved in open space and in its natural state, and 48% of the
project site within the shoreland district is proposed to be open space. A total of 52% impervious
coverage is proposed within the shoreland district portion of the site. Within the first 200-foot
tier around the lake, both north and south of the lake, only 4% impervious coverage is proposed.
The shoreland ordinance allows for impervious coverage to exceed 25% with a conditional use
permit, or as part of a Planned Development in lieu of a conditional use permit, provided "the
City has approved and implemented a community-wide stormwater management plan ... and
required the necessary water quality mitigation features to meet non-degradation standards for
phosphorous for the nearest downstream recreational water body." As discussed in the Water
Quality section later in this report, these requirements appear to be satisfied.
Staff has consulted with the Minnesota DNR regarding the shoreland zoning. The DNR has
expressed concern with regard to the impervious coverage exceeding 25%, but acknowledges the
stormwater management and water quality treatment facilities proposed with this development to
mitigate those impacts. Building setbacks from the lake are double the minimum required, which
is acceptable to the DNR. The building height, however, exceeds the 35' maximum. The
increase in building height for Buildings 6 and 7 is not consistent with the DNR's standards.
Bulk Standards - While the City Code does not specify bulk standards for the PD zoning district,
the RD standards are applicable for comparative purposes. The RD zoning district requires the
following.
Building Setbacks - Minimum building setbacks in the RD district are:
Front yard = 40 feet from local streets
50 feet from Lone Oak Road
Side yard = 20 feet
Rear yard = 20 feet
Parking Setbacks - Minimum setbacks for parking are 20 feet from a public right-of-way, and
5 feet from side and rear lot lines. Parking lots for Buildings 2, 3, 4 and 6 are set back only
10 feet from the proposed new north/south street. The 20 foot parking setback from Lone
Oak Road appears to be satisfied. Compliance with the required 5 foot minimum setback
will be determined at the time of Final PD application for each building.
A minimum 20 foot setback is also required adjacent to properties residential zoning districts
or property guided for residential use. The property in Inver Grove Heights is guided for
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Planning Report - Lone Oak Business Campus
October 17, 2006
Page 6
residential use. Parking lots for Buildings 5 and 7 meet the 5 foot side yard setback on the
east side of the site, but the 20 foot setback from property guided for residential use is not
satisfied.
The proposed reduced parking setbacks limit the ability to provide berming and landscape
screening of parking. In addition, reduced parking stall depth (discussed later in this report)
for single-loaded parking stalls relies on the ability of vehicle bumpers to extend beyond the
curb. With reduced parking setbacks, the bumper overhangs can interfere with or damage
landscape materials. While reduced setbacks can be accommodated through the Planned
Development, for the above reasons, staff believes the parking setbacks should be provided in
accordance with City Code.
Building Coverage - While building coverage is typically calculated on a lot by lot basis, the
proposed Preliminary Planned Development precedes the subdivision. For this reason, we
are unable to evaluate individual lot coverage. With the large amount of open space provided
in the northern part of the site, and development occupying the southern portion of the site,
the Planned Development proposes building coverage be considered for the entire site. With
future subdivision, individual lots may exceed the 20% coverage limit. Overall building
coverage for the entire site is 396,000 sq. ft..
Green Space - As with building coverage, green space is typically calculated on a lot by lot
basis. However, for the same reasons as building coverage, green space is calculated for the
overall site. The RD zoning district requires a minimum of 25% green space for each lot.
Shoreland zoning requires that at least 50% of the project site be preserved in open space, and
limits impervious surface to 25% for each lot. Since the shoreland zoning standard is more
stringent than the typical RD zoning standard, the shoreland zoning standard applies to those
areas within the shoreland overlay district.
The 25% impervious maximum may be increased with a Conditional Use Permit, or through
the Planned Development approval in lieu of a Conditional Use Permit, if the City has an
approved an implemented community-wide stormwater management plan in place, and
necessary water quality mitigation features to meet non-degradation standards for
phosphorous for the nearest downstream recreational water body identified in the Eagan
Water Quality Management Plan are required. This development proposes 48% green space
within the shoreland district (excluding the area below the OHWL of the lake).
Through the Planned Development, green space is proposed to be provided for the entire site
rather than on a lot by lot basis. In the areas of the site outside the shoreland district, the
minimum 25% green space would typically apply. Through the Planned Development, green
space on individual lots may be less than 25% provided the entire development maintains at
least a 25% minimum.
Building Height - The RD zoning district allows a maximum structure height of 45 feet.
Building height is measured to the mean roof level of a pitched or hip roof, and to the highest
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Planning Report - Lone Oak Business Campus
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Page 7
point of a flat or mansard roof. Although we have no specific architectural plans at this time,
the one-story buildings in this development (Buildings 1 - 5) are anticipated to be less than
the maximum 35 foot height required by shoreland zoning.
The two five-story buildings (Buildings 6 and 7) will exceed the 35-foot maximum building
height for shoreland zoning. These two buildings are also placed closest to the lake, whereas
the shoreland zoning would require taller more imposing buildings to be set back further
from the lake. At 100', Buildings 6 and 7 are set back double the minimum required
structure setback. Building heights in excess of 35 feet can be approved through the Planned
Development, and such approval is requested for Buildings 6 and 7 at this time. The
acceptability of this deviation is a policy matter to be determined by City officials.
Trash Enclosures - The zoning ordinance requires trash enclosures to be provided where
trash storage does not occur within the principal building. In commercial developments, such
enclosures must be attached to the principal structure and be constructed of materials to
match the principal structure with gates or doors having at least 90% opacity.
Mechanical Equipment - All ground and roof-mounted mechanical equipment shall be
screened in accordance with the provisions of the City's zoning code.
Proposed Use - The RD zoning district permits uses such as offices, research and development
laboratories, and light manufacturing with negligible smoke, dust, odor fumes or noise when
conducted in conjunction with other agricultural or other research and development laboratories.
The proposed development shows primarily office uses, with some warehouse space in Buildings
1-5. The proposed allocation of uses in sq. ft. is summarized below:
Office Warehouse Total
Building 1 46,000 5,000 51,000
Building 2 40,000 4,000 44,000
Building 3 83,000 9,000 92,000
Building 4 95,000 10,000 105,000
Building 5 30,000 4,000 34,000
Building 6 175,000 0 175,000
Building 7 175,000 0 175,000
Grading/ Topography - The site is lightly to heavily wooded and has rolling topography and
numerous wetland areas. A majority of the southern portion of the site will be disturbed in
preparation for the proposed buildings and parking lots. The preliminary grading plan shows a
street grade slope on the proposed public street in excess of the City code maximum of 6% for a
collector roadway. This plan should be revised to reflect street grades below 6% on the collector
roadway.
All erosion/ sediment control plans submitted for development and grading permits should 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
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Planning Report - Lone Oak Business Campus
October 17, 2006
Page 8
stormwater pollution prevention plans. Also, all personnel responsible for the installation of
erosion/ sediment control devices, and the establishment of vegetation for the development,
should have received Erosion/Sediment Control Inspector/Installer certification through the
University of Minnesota, or approved equal training as determined by the City Engineer.
Storm Drainage - The preliminary storm drainage plan is acceptable with modifications.
The size of the development and its proximity to existing wetlands make it a candidate for "low-
impact" development (LID) techniques, which can include infiltration areas, reducing impervious
surfaces, and open drainage. A majority of the development will drain to the existing pond/
wetland complexes along the northern and eastern portions of the site (Ponds FP-8 and FP-9).
The proposed development's storm water management system is designed to maintain existing
storm runoff volumes and high water levels in the wetlands. The City's Storm Water
Management Plan (December 2005) identifies future pipe outlets for both Ponds FP-8 and FP-9.
Public improvement projects providing for these pipe outlets, in accordance with the Storm
Water Management Plan, should be approved by the City Council prior to final subdivision
approval for this development.
Drainage & utility easements should be provided on all ponding areas to three feet (vertical)
above the calculated 100-year event high water level.
Utilities - The preliminary utility plan is acceptable with modifications. Sanitary sewer and water
main lines of sufficient size, depth, and capacity are available along the western edge of the site
to serve the proposed development. The City Water Supply & Distribution Plan identifies the
need for a 12-inch diameter trunk water main along Lone Oak Road (from Lone Oak Drive to the
proposed public street) to provide adequate flows and pressures for this development and future
development of the area. The developer has the option of installing this 12-inch privately at their
own expense, or petitioning for this improvement as a public improvement project. If it is
petitioned, the public improvement project providing for this trunk water main extension should
be approved by the City Council prior to final subdivision approval for this development.
Streets/ Access/ Circulation - Public street access is proposed via public collector roadway to be
constructed north-south through the development. This public street will intersect with Lone
Oak Road (County Road 26) to the south, and is planned to intersect with O'Neill Drive to the
north with future extension and development as part of the overall roadway network in the
northeast Eagan area. The location of the public street's intersection with Lone Oak Road is
under review by the Dakota County Transportation Department as part of access management
along Lone Oak Road in both Eagan and Inver Grove Heights. The developer also proposes
private street driveway access to Lone Oak Road in three other locations. Dakota County has
indicated that three private accesses do not meet their access spacing guidelines. These accesses
will likely not be allowed unless they meet the spacing guidelines (1/8 mile from a full access)
and only when Lone Oak Road is reconstructed to a four-lane roadway with a divided median to
restrict the access to right-in/ right-out turning movements only. The reconstruction of Lone Oak
Road is not scheduled on Dakota County's Capital Improvement Plan within the next five years,
11
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Planning Report - Lone Oak Business Campus
October 17, 2006
Page 9
and, therefore, the private accesses will not available in the near future. The internal roadway/
service drive system should be modified to reflect this restriction of access to Lone Oak Road.
A traffic study was completed by the City's consultant, SRF Consulting, to evaluate the Lone
Oak Business Campus and other nearby development proposal impacts to key intersections in the
northeast Eagan area. The study indicates that all intersections are expected to operate at
acceptable levels of service in 2007 assuming that additional westbound and eastbound through
lanes are constructed on Highway 55 (from Highway 149 North and Highway 149 South), and
that an additional left-turn lane is constructed on Highway 55 at Lone Oak Road.
This study, along with the Northeast Eagan Area Wide Traffic Study (May, 2005) also evaluated
the various transportation related impacts and the associated improvements necessary due to
continued traffic growth and development in northeast Eagan. With previous development in the
area, specifically the Grand Oak subdivision, the City Council approved a condition obligating
developers to contribute financially to fund these future roadway improvements, based on the
projected increase of traffic generated from those developments. At time of City subdivision
approvals, this development should accept the City's determination of responsibility and per acre
costs for mitigative traffic improvements as identified in the study. The financial obligation will
be placed in an escrow account with the City to be used solely for financing the improvements
and any unused amount will be returned to the payers within ten years of full development of the
properties within the study area.
Pedestrian access is provided with six-foot wide sidewalk and eight-foot wide trail along the
public street within the development.
Easements/ Permits/ Right-of-Way - The developer should provide temporary public easement
over the temporary cul-de-sac at the north end of the proposed street.
The developer should obtain all necessary permits from Dakota County for any work within the
Lone Oak Road right-of-way.
To the extent that cross parking is utilized, cross easements shall be provided at the time of final
subdivision in a form acceptable to the City Attorney.
Financial Obligation - At this time, there are no pending assessments on the parcel proposed for
platting.
Based upon a study by City staff of the financial obligations collected in the past and proposed
use for the property, the following estimated charges will be collected at time of final subdivision
or connection to the City's utility system. The final charges will be computed using the rates in
effect at time of connection or subdivision. The estimated financial obligation is subject to
change based upon the areas, dimensions and land uses contained in the final subdivision or plat,
with due allowances for easements and right-of-way required with the plat:
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Planning Report - Lone Oak Business Campus
October 17, 2006
Page 10
Improvement Use Rate Quantity Amount
Storm Sewer Trunk C/I $0.159/ sf 971,388 sf $154,450
Water Trunk C/I $2,430/ ac 55 ac $133,650
Total
$288,100
Water Quality - This proposed 85-acre development, located in the northeast corner of the City,
includes portions of two recreational class waterbodies (Class IV - Wildlife Habitat), according to
the City's current water quality management plan (WQMP). Both are also state public waters:
Shanahan Lake (DNR# 19-0054P), which is within a City Shoreland Overlay District, and
Unnamed Wetland (DNR# 19-0256W).
As part of the ongoing process to update Eagan's WQMP in early 2007, ecological assessments of
the two public waters were conducted in Fall 2005 using standard (Minnesota Routine Assessment
Method) approaches. The assessments indicate both waterbodies have high ecological quality,
primarily because they are not connected to the City's stormwater drainage system. Water quality
data collected in 2005 by City staff also indicate Shanahan Lake has very good water quality, nearly
similar to Heine Pond for phosphorus and nearly similar to Fish Lake for water clarity. Heine Pond
has the City's lowest phosphorus levels and Fish Lake is among the best for clarity. The 2005
phosphorus level in Shanahan Lake is lower than that measured in 1983.
For over 16 years, the City has required new developments to address increased phosphorus runoff
with the goal of maintaining the integrity of downstream recreational waterbodies. Typically,
stormwater ponds have been required with an assumed minimum phosphorus retention standard of
70 percent. In addition to providing proper ponding, new developments are also required to provide
mitigative measures if the development results in an increase in the phosphorus concentration of
downstream recreational waterbodies. Such measures shall include but not be limited to: reducing
impervious area, constructing additional treatment ponds, treating stormwater discharge through
other means, or contributing cash in lieu for mitigation as determined by the City.
Preliminary analysis by City staff of modeled runoff from this proposed development when using
traditional treatment ponds suggested Shanahan Lake water quality would degrade significantly
because of a two-fold increase in both phosphorus load and runoff volume, as compared to existing,
pre-development conditions.
In direct response to this issue, the developer proposes to achieve up to 96% reduction in the post-
development phosphorus loads by modifying the outlet structures of the treatment ponds. These
modifications would dramatically increase storage times in the ponds, allowing retention of up to 5-
year storms and infiltration through side slopes of the ponds. In the final plans, the developer also
proposes to incorporate vegetated buffer strips, rain gardens, infiltration basins, or other low-impact
Best Management Practices as needed to reduce phosphorus load and runoff volume further.
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Planning Report - Lone Oak Business Campus
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Page 11
The proposed treatment ponds are associated with only a portion of the runoff, not the entire site.
The amount of land area that drains stormwater off-site without treatment is subject to a water
quality cash dedication payable at the time of final plat or building permit, whichever occurs first.
Wetland Delineations - The wetland delineation report for the project site (McCombs Frank Roos
Associates, Inc.; MFRA# 16051) identifies the two abovementioned public waters and ten other
wetlands. The developer's consultant evaluated the boundaries and characteristics of the wetlands
using widely accepted methods. Any proposals to impact the bed of the public waters are subject to
the Public Waters Work Permit Program, under jurisdiction of the Minnesota DNR. Any proposals
to impact the ten other wetlands by draining, filling, or excavating are subject to Minnesota
Wetland Conservation Act Rules (WCA Rules) (Minn. Rules Ch. 8420), under jurisdiction of the
City of Eagan.
Wetland Ecological Assessments - Preliminary wetland management classifications being
developed in the WQMP update process indicate the two public waters wetlands would receive the
highest level of protection. Approaches for this management classification may include: 1)
avoidance of any impacts without demonstration of significant public benefit; 2) minimum natural
vegetation buffer widths of 50 feet and average buffer widths of 75 feet; 3) 25-foot no-grade zone
around wetlands; and 4) 25-foot structure setback from outer buffer edge. The other 10 wetlands
would be protected according to WCA Rules.
The developer is proposing an average setback of 75 feet to structures and an average buffer of 30
feet to grading limits for Unnamed Wetland. These distances are exceeded around Shanahan Lake.
Wetland Replacement Plan - The developer proposes 1.14 acres (49,148 square feet) of fill
impacts to seven of the ten wetlands. The plan proposes to replace these impacts by creating
52,860 square feet of new wetland and by claiming 123,385 square feet of public value credit for
construction of stormwater treatment ponds and establishing wetland buffers. The proposed
amounts of on-site replacement exceed the minimum 2:1 standards of the WCA rules. Effective
September 8, 2006, the City determined the developer's wetland replacement application was
complete. The City has not called for a review by its Wetland Technical Evaluation Panel. A
decision on the wetland replacement application is scheduled for November 9, 2006.
Tree Preservation - A tree inventory submitted with this application indicates that there are
twenty-one (21) significant trees and 977,393 square feet (22.4 acres) of significant woodlands in
the inventory. The significant woodlands on this site are comprised mostly of softwood
deciduous trees such as elm, boxelder, and cottonwood trees, along with scattered areas of
conifer trees and some areas of hardwood deciduous (oak) trees.
According to the conceptual Tree Preservation Plan submitted, the development as proposed will
result in the removal of eighteen (18) of the twenty-one (21) significant trees (86 % of the total),
and in the removal of 501,254 square feet of the significant woodlands, (51% of the total).
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Planning Report - Lone Oak Business Campus
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Page 12
According to the City of Eagan Tree Preservation Ordinance, allowable tree removal for this type
of development proposal (single-phase, multiple-lot, commercial) is set at 47.5% of the total
significant trees and significant woodlands. Required tree mitigation calculates to one-hundred
seventy-eight (178) Category B trees.
The applicant has not submitted a Tree Mitigation Plan.
Landscaping - The City landscape ordinance requires that tree mitigation be provided in addition
to required landscaping. Consequently, the Landscape Plan should stand alone and satisfy the
landscape ordinance standards, absent any mitigation plantings. A Conceptual Landscape Plan
has been provided, but lacks sufficient detail to determine compliance with the City's landscape
ordinance. Also, the Tree Mitigation Plan has not been submitted, and that must be satisfied
before determining landscape compliance.
The conceptual landscape plan identifies in general overstory, ornamental, and evergreen trees;
shrub massings and prairie grasses and wildflowers. For this scale of conceptual plan,
foundation plantings were omitted. Overstory trees are shown along the new north-south public
street, along the private access drives and in parking lot islands. Shrub massings are located near
ponding areas. A more detailed landscape plan will be required at the time of Final Planned
Development for each lot/building. Landscaping should be in addition to required mitigation.
Each Final Landscape Plan should include a planting schedule, planting specifications and notes,
automatic irrigation, and be signed by a certified landscape architect.
Parks - The North East area of the City has been designated for commercial development and is
being planned and developed accordingly. Several other large scale corporate developments such
as the "Waters" business park are already in existence.
Because of the area designation, and subsequent lack of existing or future residential elements,
the current park systems plan does not identify a need for park land in the Northeast area. The
closest existing residential developments are located to the south, separated from the
development site by State Highway 55, and are contained within the service area of Bur Oaks
Park. Bur Oaks Park is one of the larger neighborhood parks in the City system. For these
reasons, it may be appropriate to consider that the park dedication requirements for the
Development be satisfied through a cash dedication.
Currently, the cash dedication for the Development would be calculated by applying the
appropriate Commercial rate, as specified in the existing Park Dedication fee schedule, to the
area of "buildable land" calculated from the final approved site plan. In very general terms, the
definition for "buildable" includes that area of a site outside of wetlands, having slopes less than
a predetermined grade, minus those areas of the development that are, or will be, covered by
easements. An alternative method, which would utilize a formula based upon the size of the
building to determine the amount of dedication for commercial/industrial developments, is
currently being evaluated.
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Planning Report - Lone Oak Business Campus
October 17, 2006
Paee 13
Should this project area be developed in phases, consistent with the overall plan, the dedication
amount would be calculated on a lot by lot basis at the time the building permits are applied for,
versus a single phase development for which a single dedication would be collected. The method
of calculating the dedication would be determined by the method applicable at the time of
application.
Trails - The Development proposes, in concept, a number of trails and sidewalks, some of which
are designated as "future." In general, credit towards a cash trails dedication is considered on a
lineal foot basis only for those trails that have "public benefit," are built to City specifications,
and/or are requested specifically by the City. Trails and sidewalks considered to be primarily
internal to a site with minimal potential for connectivity to the City system or of low recreational
value are not considered for credit.
The Development will be seeking credit for a number of trails that it considers to be of
"tremendous benefit to the business employees and area residents." An internal link to the
existing City trail system on Lone Oak Road is proposed. In addition, the site does abut an area
of Inver Grove Heights that may be developed as residential and will be connected to Eagan via a
new road corridor, though the benefits to Eagan are difficult to evaluate at this time. Because of
the connectivity that sections of the internal and external trails could provide, and the apparent
public purpose and consistency with the Eagan Transportation plan, it may eventually be
appropriate to consider a credit towards the cash trails dedication of the Development.
Other "future trails" as currently depicted, lack definition. Any future credit will be determined
through discussions with City staff as details emerge. As with Park Dedication, should the
development be built in phases, consistent with this concept plan, the amount of credit and
subsequent dedication amount would be calculated on a lot by lot basis.
Building Architecture/Elevations - The submittal included architectural samples to illustrate the
style and materials the developer intends to utilize in this development. Without specific
building plans in the Preliminary Planned Development, this development will be subject to the
City's architectural standards ordinance for Research and Development zoning. Compliance
with ordinance requirements will be determined at the time of Final Planned Development for
each building.
Si is e - One entry monument sign is shown at Lone Oak Road east of the proposed new north
-south street through the site. The development should be subject to the provisions in the City's
Sign Code. The City Sign Code allows one monument sign for each building. The sign cannot
exceed 7 feet in height, with a sign message area not exceeding 4-feet in height. To create
uniformity throughout the Planned Development, all monument signs should be consistent in
design and size, and be constructed of the same materials.
Parking - Number of Stalls - The Site Plan provides for internal site circulation between parking
lots. The required minimum amount of parking should be provided for each building. The
gad
Planning Report - Lone Oak Business Campus
October 17, 2006
Pave 14
parking calculations were evaluated based on the anticipated future lot lines, and the
office/warehouse split provided in the proposal.
City Code requires one parking stall for every 150 sq. ft. of net leaseable office space. For
warehouses space, the minimum is one stall for the first 6,000 sq. ft. plus one stall for every
1,000 sq. ft. above 6,000 sq. ft. Applying these standards to the development plan, Buildings 2-5
satisfy the minimum requirements, Buildings 1, 6 and 7 do not.
Required Parking
Building 1 258
Building 2 223
Building 3 461
Building 4 526
Building 5 178
Building 6 933
Building 7 933
Proposed Parking Difference
253 - 8
229 + 6
465 + 4
615 +89
214 +36
669 -264
841 - 92
The difference between the parking required and parking provided for Buildings 1, 2, and 3, are
in the single digits. With the scale of this development, these differences are unlikely to impact
the functioning of the site. However, Buildings 4 and 5 have a substantial excess of parking (89
and 36 stalls) and Buildings 6 and 7, have significant shortfalls of parking (264 and 92 stalls),
even taking into consideration the underground parking provided for these two buildings. The
applicant's narrative addresses the parking shortage for Buildings 6 and 7, indicating "based
upon past experience and tenant requirements, that one (1) space/200 s.f. is adequate," as
compared to the one stall per 150 s.f. required by City Code. Using the 1/200 ratio proposed by
the applicant, Buildings 6 and 7 would require 700 parking stalls each. The narrative further
states "If additional spaces are required by an actual tenant that exceeds the number provided we
will provide these spaces in structured parking thereby not effecting the total green space."
Parking - Dimensional Standards - City Code requires parking stall dimensions of 10' wide by
19' deep. Driving aisles should have a minimum width of 24' for a two-way aisle. The Site Plan
shows 9' x 18' stalls; driving aisles are 24' wide. The proposed parking stall size is a deviation
from ordinance standards. The City has approved parking stall widths as narrow as 9 feet in
other developments where parking turnover and activity is limited. A reduced parking stall depth
has been found to be acceptable only for single-loaded stalls, which allow vehicle bumpers to
overhang the curb, thereby reducing the depth needed to accommodate vehicles without overhang
into the driving aisles. Double-loaded stalls are bumper to bumper, with no overhang. The full
19-foot depth should be provided on the double loaded parking stalls. In this proposal, all
parking stalls, including the double-loaded stalls, are proposed at 18 feet deep. The deviation in
parking stall dimensions can be approved as part of a Planned Development however, the
acceptability the reduced parking stall size is a policy matter to be determined by City officials.
Site LightingPlan - A Site Lighting plan was not submitted with this Preliminary Planned
Development. The Site lighting plan will be required with the Final Planned Development for
/a1
Planning Report - Lone Oak Business Campus
October 17, 2006
Page 15
each building. Lighting fixtures should be consistent throughout the development. Site lighting
is required for site security, safety and traffic circulation. Minimum light levels of 0.5 foot-
candles should be provided in all parking lot areas. Light levels should not exceed 1 footcandle
at the property line. In addition, site lighting should comply with the Illuminating Engineering
Society of North America (2003) manual which suggests an average-to-minimum uniformity
ratio not greater than 4:1. Site lighting will be reviewed for compliance with these standards at
the time of Final Planned Development for each building.
SUMMARY/CONCLUSION
The applicant is requesting approval of a Preliminary Planned Development to create an office
development upon approximately 85 acres located north of Lone Oak Road and west of the Inver
Grove Heights border. The development site contains several wetlands and a shoreland protected
lake as well as scattered wooded areas. The development proposal consists of seven buildings
with 674,000 sq. ft. of commercial office and warehouse space.
The scale of the proposal required submittal of a mandatory Environmental Assessment
Worksheet (EAW). The EAW was submitted with this proposal and the City Council made a
negative declaration on the need for an Environmental Impact Statement on October 17, 2006.
Application for wetland replacement plan approval has been made and is pending. Approval of
the wetland replacement plan must occur before approval of the Preliminary Planned
Development. The development site will need to be subdivided and platted, and a Final Planned
Development will be required for each building.
Shoreland zoning applies to approximately 3/4 of the site. The shoreland zoning standards are
applied in conjunction with the base land use zoning for the property and contains provisions
regarding density, vegetation removal, open space, setbacks, and impervious surface coverage
and building height. Through the Planned Development, flexibility in typical zoning standards
can be accommodated to encourage creative site design, efficient use of the land, and
preservation and enhancement of desirable site characteristics and natural features.
This Preliminary Planned Development provides site design and infrastructure plans for the
entire 85-acre site. More detailed plans for landscaping, tree mitigation, site lighting and
building architecture and elevations will be required for the Final Planned Development approval
for each building. The Preliminary Planned Development proposes the following deviations to
typical ordinance standards: green space and building coverage for the entire site rather than
individually for each lot or building, two five-story buildings likely exceeding the 35-foot height
limit of the shoreland district, impervious coverage area exceeding 25% in the shoreland overlay
district, parking setbacks less than 20' from the public right-of-way and adjacent property,
reduced parking stall size and a reduced number of parking stalls. The acceptability of these
deviations is a policy matter to be determined by City officials.
Jai
Planning Report - Lone Oak Business Campus
October 17, 2006
Page 16
ACTION TO BE CONSIDERED
To recommend approval of a Preliminary Planned Development to create an office commercial
development upon approximately 85 acres located north of Lone Oak Road and west of the Inver
Grove Heights border in the SE'/4 of Section 1. If approved, the following conditions shall
apply:
The developer shall execute a Preliminary Planned Development Agreement which
includes the following plans:
• Site Plan
• Building Elevations
• Site Lighting Plan
• Landscaping Plan
• Signage Plan
2. A Final Planned Development Agreement shall be executed for each building/lot of the
development. The following plans are necessary for the Final Planned Development
Agreement:
• Final Site Plan
• Final Building Elevations
• Final Site Lighting Plan
• Final Landscaping Plan
• Final Signage Plan
3. The property shall be subdivided and platted prior to issuance of any building permits.
4. This development shall be subject to RD, Research and Development, zoning district
setback requirements.
5. A minimum of 68% green space shall be provided for the overall development.
6. Parking setbacks shall be provided in accordance with the City's zoning code.
7. Parking stalls shall be a minimum of 9 feet in width and 19 feet in depth.
8. If additional parking spaces are required by an actual tenant in Buildings 6 or 7 that
exceeds the number provided, the additional parking shall be provided through structured
parking such that the total green space is not reduced.
9. Buildings 1 and 2 shall not exceed one story and 45 feet in height, and Buildings 3-5 shall
not exceed one story and 35 feet in height. Buildings 6 and 7, shall not exceed five
stories and 35 feet in height.
143
Planning Report - Lone Oak Business Campus
October 17, 2006
Page 17
10. A detailed landscape plan shall be submitted at the time of Final Planned Development
for each building, overlaid on the grading and utility plans and including a landscape
schedule and planting specifications and notes.
11. A site lighting plan shall be submitted at the time of Final Planned Development for each
building. Lighting fixtures shall be consisted throughout the development Minimum
light levels of 0.5 footcandles shall be provided in all parking lot areas, and light levels
shall not exceed one footcandle at the property line. Average to minimum ratios within
parking lots shall not be greater than 4:1.
12. Building architecture and materials shall comply with the City's architectural standards
ordinance. All buildings within this Planned Development shall utilize some common
architectural features and materials.
13. Trash enclosures shall be provided in accordance with City ordinances, attached to the
principal structure and constructed of materials to match the principal structure with gates
or doors having at least 90% opacity.
14. All ground and roof-mounted mechanical equipment shall be screened in accordance with
the provisions of the City's zoning code.
15. Site and building signage shall be subject to City Sign Code standards. One monument
sign is permitted for each building and all monument signs in this Planned Development
shall be consistent in design and size and be constructed of the same materials.
16. The future park dedication for the development(s) shall be satisfied through a cash
dedication, the method and timing of the calculation to be determined through
consultation with staff. (payable at the time of building permit at the rates then in effect.)
17. The future trails dedication for the development(s) shall be satisfied through a cash
dedication. A full credit may be given for portions of a trail within the grade of the
primary public roadway, consistent with the City Transportation plan and built to City
specifications. Additional credit may be granted, upon staff review, for on-site trails
determined to provide connectivity and obvious public value, all found to be consistent
with the over-all resource protection measures implemented on the site.
18. Water quality requirements shall be met through the construction of on-site treatment
ponds.
19. The developer shall modify the outlet structures of the treatment ponds to increase storage
times in the ponds and allow retention of up to 5-year storms and infiltration through side
slopes of the ponds to achieve higher levels of reduction (up to 96%) in the post-
development phosphorous loads. Vegetated buffer strips, rain gardens, infiltration basins,
and other low-impact Best Management Practices shall be incorporated as needed to
further reduce phosphorus load and runoff volume further.
las'
Planning Report - Lone Oak Business Campus
October 17, 2006
Page 18
20. A cash water quality dedication will be due for the amount of land area that drains
stormwater off-site without treatment payable at the time of final plat or issuance of
building permit, whichever occurs first.
21. The wetland delineation report must be formally accepted by the City Council prior to
approval of the Preliminary Planned Development.
22. The City Council must make a formal decision regarding the acceptability of the wetland
replacement plan prior to approval of the Preliminary Planned Development.
23. The applicant shall be responsible for submitting a Tree Mitigation Plan at the time of
Preliminary Subdivision that satisfies any tree mitigation required for the development.
24. The applicant shall protect the preserved trees' 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.
25. The applicant shall contact the City Forestry Division and set up a pre-construction site
inspection at least five days prior to the issuance of the grading permit to ensure
compliance with the approved Tree Preservation Plan and placement of the Tree
Protection Fencing.
26. 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.
27. 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.
28. Public improvement projects providing for pipe outlets for Ponds FP-8 and FP-9, in
accordance with the Storm Water Management Plan, shall be approved by the City
Council prior to final subdivision approval for this development.
29. The grading and site plan shall be revised to reflect street grades below 6 percent on the
collector roadway.
30. The developer shall provide temporary public easement over the temporary cul-de-sac at
the south end of the proposed street.
S
Planning Report - Lone Oak Business Campus
October 17, 2006
Page 19
31. The internal roadway/ service drive system of the site plan should be modified to reflect
restriction of access to Lone Oak Road per Dakota County requirements.
32. At time of subdivision approvals, this development shall accept the City's determination
of responsibility and per acre costs for mitigative traffic improvements as identified in the
Northeast Eagan Area Wide Traffic Study and provide payment of such costs to the City
pursuant to an escrow agreement in a form acceptable to the City Attorney.
33. 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.
34. 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.
35. 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.
36. To the extent that cross parking is utilized, cross easements shall be provided at the time
of final subdivision in a form acceptable to the City Attorney.
37. 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 (in a form acceptable to the City Attorney).
38. 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.
39. 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.
40. A detailed grading, drainage, erosion, and sediment control plan must be prepared in
accordance with current City standards prior to final plat approval.
41. This development shall ensure that all dead-end public streets shall have a cul-de-sac
constructed in accordance with City engineering standards.
)d4P
Planning Report - Lone Oak Business Campus
October 17, 2006
Page 20
42. 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 two years after the date of City
certified compliance.
43. 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.
44. This development shall be responsible for the acquisition of all regulatory agency permits
required by the affected agency prior to final plat approval.
45. A more detailed landscape plan will be required at the time of Final Planned
Development for each lot/building. Landscaping should be in addition to required
mitigation. Each Final Landscape Plan should include a planting schedule, planting
specifications and notes, automatic irrigation, and be signed by a certified landscape
architect.
N7
Location Map Eagan Boundary
Right-of-way
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ARCHITECTS
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Mike Ridley
City Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
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Re: Lone Oak Business Park
Dear Mike:
At the applicant meeting on Wednesday, August 23, 2006, Staff raised four issues that need
clarification. We offer the following responses/clarifications:
1. Parking shortage for five-story office buildings: The proposed site plan shows 2 - five-story
buildings with 175,000 s.f. in each building and 1,510 parking spaces. The parking ratio required
by ordinance is one (1) space for every 150 s.f. of leaseable office space. The leaseable area
for the building is 350,000 x (.80) = 280,000 s.f. By ordinance we would need 1,867 spaces. We
feel that based upon past experience and tenant requirements that one (1) space/200 s.f. is
adequate which would require 1,400 spaces and we have provided 1,510. It is our understanding
that this reduced number of spaces has been allowed on other projects in Eagan, therefore we
would not be setting a precedent by asking for this reduction. However, if additional spaces are
required by an actual tenant that exceeds the number provided we will provide these spaces in
structured parking thereby not effecting the total green space. The balance of the buildings meet
your ordinance.
2. Park trails as a portion of the park dedication fee: We have shown an extensive trail system
though-out our development that also provides possible future connections to adjacent
properties. An extensive trail system in this area of the City would be of tremendous benefit to
the business employees and area residents as well. The proposed trails would connect the
natural features of the site and all proposed buildings. Without these trails, public access to this
unique natural feature would not be provided.
3. Wetland setbacks: Staff has requested that we provide an average 75' setback to wetlands
from buildings and parking and an average 50' to grading limits. We understand that this may be
an ordinance in the future but currently is not. The current ordinance requires an average 40'
setback to structures and an average 25' to proposed grading. Our plan provides an average of
75' to structures and an average of 30' to grading limits for the southeast wetland. These
setbacks are far exceeded for the large northern wetland / lake area.
T!T
RECEIVED AUG 3 0 2GO6
/37645 Lyndale Avenue South, # 100
Minneapolis , Minnesota 55423
612 . 861. 9636 Fax: 612. 861. 9632
w w w. t m i a r c h i t e c t s. c o m
City of Eagan
Lone Oak Business Park
August 30, 2006
Page 2 of 2
4. Tree Preservation: The City ordinance requires that 52.5% of all significant trees be preserved
on the site (maximum 47.5% removal). Many of the existing trees were planted as part of the
original farmstead and subsequently by the previous landowner as a tree nursery and as such
are not native original growth vegetation. In addition, the unusual natural features of this site
makes it difficult to maintain the desired tree preservation. The natural lake and adjacent
wetland areas consume a large portion of the site, and at the same time do not contain many of
the existing significant trees. Preserving these wetland areas was a higher priority than actual
tree preservation. In addition to preservation of these wetland / lake areas, we exceeded the City
requirement for green space. City ordinance requires this development to have 1,817,171 s.f. of
green space and we have provided 2,252,806 s.f. This requires that the balance of the site be
used for development uses. We have analyzed the tree survey and our proposed site plan and
have determined that we can save an additional 188,634 s.f. of forested area by moving the
central stormwater pond to between the two office buildings and slightly modifying the grades for
the southern and northern stormwater ponds, which can be done at the final development stage
submittal. Since we are going to great extremes to preserve and enhance the existing wetland
and lake by adding landscape buffers and increasing setbacks, we request that this site be
exempt from providing additional mitigation due to tree loss beyond 47.5%. The proposed plan is
within 4.5% of the maximum loss allowed by ordinance. This can be summarized as follows:
Total Woodland Area 977,393 s.f.
Current woodland area proposed to be removed 642,904 s.f. (65.7%)
(Proposed Site Plan)
Stormwater pond modifications -134,074 s.f. (reduced removal)
to increase woodland preservation
Modified Total woodland area proposed to be removed 508,830 s.f. (52%)
Allowed tree removal by ordinance 464,261 s.f. (47.5%)
If you have any questions regarding this please contact our office.
Sincerely,
TUSHIE-MONTGOMERY & ASSOCIATES, INC.
4ry Rie?,
President
R D 2006
I'?
Agenda Information Memo
Eagan City Council Meeting
New Business
November 9, 2006
D. RESOLUTION OF SUPPORT FOR CEDAR GROVE TRANSIT/BRT STATION
CONCEPT PLAN
ACTION TO BE CONSIDERED:
To approve a resolution of support for the Cedar Grove TransitBRT Station Concept Plan.
FACTS:
? As part of the redevelopment planning for the Cedar Grove Redevelopment District, the City has
pursued transit oriented design approach that will complement and take advantage of the planned
Cedar Avenue Bus Rapid Transit route. As part of the planning for that project, the Minnesota
Valley Transit Authority has retained TKDA to develop a concept plan for phased
implementation of a transit station at the west end of the Cedar Grove Redevelopment Area.
? At one point in the Cedar Grove Redevelopment Planning process, the City had considered a
redevelopment design that would have located a short and medium term park and ride near the
east end of the Cedar Grove Area, because it appeared that it would be some time before a future
BRT station on the west end could be implemented. More recently, it was determined that a
phased approach to the west end station could be undertaken that would permit the investments in
transit at that location to serve the long term BRT needs as well.
? TKDA has worked with MVTA, its Development Committee and City staff to develop a
conceptual approach to the project that could serve as a traditional park and ride in the short term
and as a transit station for a center running BRT station in the long term, by connecting the
parking location to the BRT platforms with a pedestrian bridge. As the City's liaison to MVTA,
Councilmember Tilley has participated in these discussions together with staff.
? At its meeting of October 25, 2006, the MVTA Board received a presentation of the concept plan
by TKDA and voted to approve the concept as the basis for further discussions with MnDOT on
the transfer of excess right of way, the development of phase plans and the ultimate construction
of the first phase of the project. As part of that action, the Board requested that a presentation be
made to the Eagan City Council and that the Council be asked to consider a resolution of support
for the project. TKDA staff will be present at Thursday's meeting for that purpose.
ATTACHMENTS:
? MVTA letter on page __
? Summary of project timeline and preliminary budget on pages
rt,f through
? TKDA presentation materials enclosed without page number.
? Resolution of support on page
Kl I
Minnesota Valley Transit Authority
100 East Highway 13 • Burnsville, MN 55337 ;
Ph. (952) 882-7500 • Fax (952) 882-7600 • E-mail: mvta@mvta.com
November 2, 2006
Mr. Tom Hedges
City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mr. Hedges:
At the October 25, 2006 meeting of the Minnesota Valley Transit Authority (MVTA) Board of
Directors, we had a presentation by consultant TKDA regarding the Cedar Grove project. At
that meeting, the MVTA accepted the concept presentation. Further, it was suggested that a time
be scheduled on an upcoming Eagan City Council agenda to present the status of this project.
We understand that this item has been placed on the November 9, 2006 Eagan City Council
agenda. Terry Olsen of TKDA has been coordinating the work on this project, and will lead the
presentation. After the presentation, the MVTA is requesting a resolution of support from the
City Council. A draft of such a resolution is attached. Upon presentation to your Council,
information will be forwarded to the full Cedar Group to determine the next steps.
We look forward to seeing you next week.
Sincerely,
Beverle Miller
Executive Director
c: Meg Tilley
Jon Hohenstein
Terry Olsen
Public transportation for Apple Valley, Burnsville, Eagan, Rosemount, and Savage
/ /A
MVTA Board Meeting Status Report October 25, 2006
Cedar Grove Transit Station
1
2
3
4
5
6
7
As a recap, TKDA was originally asked to evaluate 3 different Alternatives. The goal was to
provide parking and increase as needed, anticipating 123 parking spaces by year 2010, 156
spaces by year 2020, and 204 spaces by year 2030. These Alternatives were as follows:
a. Concept IA: Investigate two Cedar Grove Park and Rides, East and West, with the east
location in the proposed Cedar Grove Gateway Development and the west location to
tie to the future center-running BRT.
b. Concept 1B: Investigate a Cedar Grove West Park and Ride on Nicols, to tie to the
future center-running BRT.
c. Concept 2: Investigate a Diffley Road Station initially on the northbound and
southbound ramps to Cedar with a Park and Ride on Nicols, and a future BRT station
on an enlarged Diffley Road overpass structure.
d. Concept 3: Investigate a Diffley Road Station initially on the northbound and
southbound ramps to Cedar with a Park and Ride on Nicols, and a future BRT station
midway between Diffley Road and Highway 13.
On 2/22/06 MVTA and TKDA held a technical meeting with representatives from MNDOT,
Dakota County, Metropolitan Council, and the City of Eagan. This group concluded the most
appropriate solution to serve the Transit-Oriented Development and the other BRT passengers
would be Alternative 1B, which became the Selected Alternative. Phase One would be a park
and ride serving the neighborhood. Phase Two at this location would link to a center median-
running BRT and a circulator bus in this location.
At the MVTA Board meeting 4/26/06, TKDA was given authorization to omit the work related
to Alternatives 2 and 3 and use that time to further develop Selected Alternative 113, including
developing a three-dimensional computer image from Cedar and one from Nicols.
On 6/5/06 eight separate examples of possible parking layouts for the Selected Alternative were
developed and reviewed by representatives of MVTA, the City of Eagan and TKDA. Parking
count, topography along Cedar, setback for possible future MNDOT right-of-way and roadway
expansion, roadway alignment with Cedar Grove development, and topography along Nicols
were discussed. A "kiss and ride" with sight-lines to the circulator bus function was added.
On 6/20/06 TKDA assisted MVTA at the Cedar Avenue Bus Rapid Transit Open House at the
Dakota County Western Services and displayed a preliminary conceptual image selected from
several possible images. Consideration for CPTED (Crime Prevention Through Environmental
Design) was applied to the design.
On 9/28/06 TKDA prepared and presented a preliminary construction cost estimate and a
preliminary working schedule based on critical tasks / triggering events to representatives of
MVTA, Dakota County, and the City of Eagan. Preliminary budgets for capital expenses as
well as on-going operational and maintenance expenses were plotted and discussed. The
timing of building the first parking lot after the Circulator Bus station would be built was
discussed, with conclusion that to assist with short-term operational costs, current MVTA bus
routes could be modified to service the Cedar Grove area prior to construction of the park and
ride lot. One critical timing item is that MNDOT needs to put this on their schedule and budget
funding for their engineering review of future lane modifications and anticipated exit ramp
changes from Cedar northbound to Highway 13, prior to releasing the property to MVTA.
Images based on Triggering Events will be displayed at the 10/25/06 MVTA Board meeting.
TKDA Status Report Page 1 t413 October 25, 2006
PROJECT Minnesota Valley Transit Authority ( MVTA) Cedar Grove Transit Station TK?A
LOCATION: Nicols Road and Cedar Avenue, Eagan DRAFT
PROJECT NO. 0013621.000
Preliminary Opinion of Probable Cost - October 25, 2006 ENGINEERS - ARCHITECTS - PLANNERS
Estimate is based on providing minimum 123 parking stalls in Phase 1 2010-2020 (140 actual);
Estimate is based on providing minimum 156 parking stalls in Phase 2 2020-2030 (274 actual);
Estimate is based on providing minimum 204 and parking stalls in Phase III beyond 2030 (274 actual)
Third level adds 132 stalls for 408 stalls.
No demolition costs, business relocation costs, or remediation costs anticipated. Escalation for inflation beyond 2006 not included.
ITEM ESTIMATED UNIT TOTAL ESTIMATE
NO. DESCRIPTION QUANTITh UNIT PRICE AMOUNT
ESTIMATED LAND ACQUISITION COSTS - SEQUENCE I
1 Sale from MNDOT (Land Conveyance Assumed, government entity to government entity) 6 Acres $ 1.00 $ 1
2 Engineering report / traffic study for MNDOT 1 each $ 25,000.00 $ 25,000
TOTAL SEQUENCE 1 $ 25,001
SURFACE CIRCULATOR BUS PARKING/LOADING/TURN AROUND - SEQUENCE 2
1 Concrete Paver Drive - Permeable Paving - exposed granite aggregate 18,388 S.F. $ 16.10 $ 296,018
2 Concrete Curb and Gutter 769 L.F. $ 34.02 $ 26,161
3 Concrete Paver Sidewalk - Permeable Paving - colors 4,564 S.F. $ 15.04 $ 68,621
4 Grass in Median 7,710 S. F. $ 0.06 $ 435
5 Grass South of Bus 21,676 S. F. $ 0.06 $ 1,224
6 Interlocking Masonry Reinforced Retaining Walls - 2'-6" high average 830 S.F. $ 156.73 $ 130,087
SUBTOTAL $ 522,546
CIRCULATOR BUS STATION AND CANOPY - SEQUENCE 2
1 24' x 48' steel frame structure with brick or a better material than precast or concrete block 1,152 SF $ 175.47 $ 202,143
2 Roof 1,170 S.F. $ 6.38 $ 7,463
3 Footing 3 C.Y. $ 669.76 $ 2,143
4 Foundation Wall 520 S.F. $ 24.13 $ 12,549
5 Concrete Floor Slab 890 S.F. $ 6.19 $ 5,507
6 Doors (Pairs) 4 EA. $ 3,892.56 $ 15,570
SUBTOTAL $ 245,375
TOTAL SEQUENCE 2 $ 767,921
EXCAVATION AND GRADING - SEQUENCE 3
1 Excavate and Haul Off Site (3 6-CY dumptrucks, 4 mile round trip) 2,546 C.Y. $ 24.07 $ 61,287
2 Cut and Fill with On-Site Material (200 HP dozer, 300' haul, 4" lift, 4 passes) 15,702 C.Y. $ 19.82 $ 311,203
SUBTOTAL $ 372,489
SITE LANDSCAPING - SEQUENCE 3
1 Top Soil 2,865 ].Y. $ 37.21 $ 106,603
2 Sod or Erosion Control Blanket with Seed 32 MSF $ 900.48 $ 28,365
3 Seed (Grass) 75,541 S.F. $ 0.04 $ 3,046
4 Shrubs (Allowance) including mulch, entrance and visual interest areas 500 Each $ 40.00 $ 20,000
5 Trees (Allowance) including mulch, 30' O.C. along street and highway frontage 500 Each $ 500.00 $ 250,000
6 Ornamental Metal Fence (6' high, 2" posts, Painted) 1,409 S. F. $ 73.66 $ 103,784
SUBTOTAL $ 511,798
STORM WATER RETENTION POND - SEQUENCE 3
1 _ Excavation and Final Grading (Cut and Fill with On-Site Material) 2,400 C.Y. $ 19.82 $ 47,566
2 Top Soil 435 C.Y. $ 37.21 $ 16,186
3 Plant Materials - Erosion Control Blanket with Aquatic Grass Seed 2 MSF $ 900.48 $ 1,531
SUBTOTAL $ 65,283
SURFACE PARKING LOT/PICK-UP/DROP OFF/TURN AROUND - SEQUENCE 3
1 Concrete Curb and Gutter 664 L.F. $ 34.02 $ 22,589
2 Concrete Paver Sidewalk - Permeable Paving - colors 2,846 S.F. $ 15.04 $ 42,791
3 Asphalt Driveway - 4" binder course, 2" Bituminous Wear Course, Substrate (First Lift), Aggregate Base 3,041 S.Y. $ 23.77 $ 72,268
4 Asphalt Parking Lot 1,644 S.Y. $ 23.77 $ 39,064
5 Asphalt Drop Off 1,397 S.Y. $ 23.77 $ 33,204
6 Grass in Median 1,571 S.F. $ 0.06 $ 89
7 Grass East of Drop Off 1,638 S.F. $ 0.06 $ 92
8 Signage (Accessibility and Directional, Allowance) 8 EA. $ 101.75 $ 814
9 Paint Striping 19 STALL $ 20.09 $ 382
10 Handicap Symbol 8 EA. $ 104.18 $ 833
SUBTOTAL $ 212,125
LEVEL I SURFACE PARKING - SEQUENCE 3
1 Concrete Curb and Gutter 598 L.F. $ 34.02 $ 20,344
2 Concrete Wall Panels (Length X 4') 3,457 S.F. $ 73.35 $ 253,600
3 Concrete Drive Surface 48,058 S.F. $ 37.06 $ 1,781,020
4 Signage (Accessibility and Directional, Allowance) 20 EA. $ 101.75 $ 2,035
5 Paint Striping 140 STALL $ 20.09 $ 2,813
SUBTOTAL $ 2,059,812
TOTAL SEQUENCE 3 $ 3,221,507
14'
10/19/2006 Page 1 MVTA_CG_Cost_Rearranged_For Board
PROJECT- Minnesota Valley r Authority ( MVTA) Cedar Grove Transit Station TKDA
LOCATION: Nicols Road and Cedar Avenue, Eagan DRAFT
PROJECT NO. 0013621.000
I I ?
STAIR AND ELEVATOR CIRCULATION LINK - SEQUENCE 4
1 Electric Passenger, Base Unit, 2000 LB, 200 FPM, 4 Stop, Standard Finishes 1 EA. $ 170,757.28 $ 170,757
SUBTOTAL $ 170,757
PEDESTRIAN SKYWAY OVERPASS AT CEDAR - SEQUENCE 4
1 2 Enclosed Towers with 2 stop elevators to skyways - at Transit Stations & to parking structure 2 EA. $ 282,214.63 $ 564,429
2 Enclosed Pedestrian Skyways over Cedar w/ HVAC (42' between stations and 150' to parking structure) 2 AVG $3,135,367.07 $ 6,270,734
SUBTOTAL $ 6,835,163
BRT TRANSIT STATIONS - SEQUENCE 4
1 2 12'x 165' BRT Transit stations, steel structure 3,960 S.F. $ 297.99 $ 1,180,033
SUBTOTAL $ 1,180,033
TOTAL BUILDING AND SITE DESIGN SEQUENCE 4 $ 8,185,954
SECOND LEVEL OF STRUCTURED PARKING RAMP - SEQUENCE 5
1 132' x 360' reinforced concrete structure with precast panels and dual helix 56,105 S.F. $ 71.87 $ 4,032,101
TOTAL SEQUENCE 5 $ 4,032,101
THIRD LEVEL OF STRUCTURED PARKING RAMP - SEQUENCE 6
1 reinforced concrete structure with precast panels 56,105 S.F. $ 71.87 $ 4,032,101
TOTAL FOR BUILDING AND SITE DESIGN - SEQUENCE 6 - $ 4,032,101
( ANTICIPATED TOTAL 2010 THROUGH 2030 INCLUDED 77 $ 20,264,585
I ?S
10/19/2006 Page 2 MVTA_CG_Cost_Rearranged_For Board
CITY OF EAGAN
RESOLUTION NO. 06-
APPROVING CONCEPT PLAN FOR CEDAR GROVE TRANSIT STATION
WHEREAS, Cedar Grove has been identified as a specific location to be served by the
Cedar Avenue Bus Rapid Transit (BRT) line;
WHEREAS, a variety of sites were reviewed to determine what would be the best
location for a park & ride facility - both now and in the future;
WHEREAS, through a series of meetings with City of Eagan staff, the Minnesota Valley
Transit Authority (MVTA) staff (who has been leading the study), Dakota County, MnDOT and
others, the choices have been narrowed and a phased implementation approach has been
suggested as outlined today;
NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan approve the concept
dated September 28, 2006, for the Cedar Grove Transit Station prepared by TKDA for the
Minnesota Valley Transit Authority, which establishes a transit presence in the Cedar Grove area
in a phased approach, which will ultimately connect to the Cedar Avenue BRT system.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify
that the foregoing resolution was duly passed and adopted by the City Council in a regular
meeting thereof assembled this 9th day of November, 2006.
Maria Petersen, City Clerk
40
Agenda Memo
Regular City Council Meeting
November 9, 2006
LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE:
A. APPROVE SUBMITTAL OF LEGISLATION TO IMPROVE REPRESENTATION
OF THE NOISE OVERSIGHT COMMUNITIES ON THE METROPOLITAN
AIRPORTS COMMISSION
ACTION TO BE CONSIDERED:
To approve the proposed legislation from the local Noise Oversight Committee regarding
community representation on the Metropolitan Airports Commission.
FACTS:
• The local Noise Oversight Committee (NOC) representing the cities of Eagan,
Bloomington, Richfield, Mendota Heights, Minneapolis, St. Paul, Apple Valley,
Lakeville, Burnsville and others met Oct. 18 to draft legislation concerning community
representation on the Metropolitan Airports Commission (MAC).
• The committee agreed the legislation would add four new seats to the MAC board. A
representative from Eagan, Bloomington, Richfield, and Mendota Heights would fill
those seats. The determining factor for those seats is the 65 DNL noise contour which
affects those four cities. In addition to noise concerns, key message arguments for the
four new seats will focus on economic and other airport impacts.
• If approved by the legislature, the mayor of each city or by a person appointed by each
respective city councils would fill the four seats.
• Minneapolis and St. Paul already have permanent representation on the board. The other
13 of 15 seats currently on the MAC board of commissioners are appointed by the
governor. The proposal would add four seats and not reconfigure the MAC.
• The proposal includes options. Option #2 would add two seats - one for the two
communities north of the river - Bloomington and Richfield, and one for the two
communities south of the river - Eagan and Mendota Heights. Option #3 would add one
seat for all communities in the affected areas. Under options #2 or #3 city councils would
approve community representatives upon recommendation of the city NOC group.
• Past attempts to add or change the MAC have failed at the state legislature; none have
made it out of committee. The majority of those proposals were offered by individual
communities. The legislation drafted by the city NOC group presents a unified front.
• A number of state legislators have indicated their support for the legislation in some
form, whether four seats or one. After the election, NOC representatives will contact their
state legislators to solidify support of the proposal, and ask them to do the same with their
colleagues in St. Paul.
• After all city councils approve, the legislation will be drafted and jacketed in December,
and ready for the 2007 legislative session.
X47
ATTACHMENTS:
Proposed language for a Bill pertaining to representation on the MAC is attached on
pages through.
(LW
Proposed Language for a Bill Pertaining to City Representation on the Metropolitan Airport
Commission (2006-2007 Legislative Session)
1.1 A bill for an act
1.2 relating to the metropolitan airports commission;
1.3 adding mayors to the commissioner membership; amending
1.4 Minnesota Statutes 2002, sections 473.604, subdivision
1.5 1; 473.605, subdivision 2; 473.622; repealing
1.6 Minnesota Statutes 2002, section 473.601, subdivisions
1.7 3, 6.
1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2002, section 473.604,
1.10 subdivision 1, is amended to read:
1.11 Subdivision 1. [COMPOSITION.] The commission consists of:
1.12 (1) the mayor of each of the cities of Minneapolis, St.
1.13 Paul, Bloomington, Eagan, Mendota Heights, and Richfield,
1.14 or a qualified voter appointed by the mayor, for the term of
1.15 office as mayor;
1.16 (2) eight members, appointed by the governor from each of
1.17 the following agency districts:
1.18 (i) district A, consisting of council districts 1 and 2;
1.19 (ii) district B, consisting of council districts 3 and 4;
1.20 (iii) district C, consisting of council districts 5 and 6;
1.21 (iv) district D, consisting of council districts 7 and 8;
1.22 (v) district E, consisting of council districts 9 and 10;
1.23 (vi) district F, consisting of council districts 11 and 12;
1.24 (vii) district G, consisting of council districts 13 and
1.25 14; and
1.26 (viii) district H, consisting of council districts 15 and
2.1 16.
2.2 Each member shall be a resident of the district represented.
2.3 Before making an appointment, the governor shall consult with
2.4 each member of the legislature from the district for which the
2.5 member is to be appointed, to solicit the legislator's
2.6 recommendation on the appointment;
2.7 (3) four members appointed by the governor from outside of
2.8 the metropolitan area to reflect fairly the various regions and
2.9 interests throughout the state that are affected by the
2.10 operation of the commission's major airport and airport system.
2.11 Two of these members must be residents of statutory or home rule
2.12 charter cities, towns, or counties containing an airport
2.13 designated by the commissioner of transportation as a key
2.14 airport. The other two must be residents of statutory or home
2.15 rule charter cities, towns, or counties containing an airport
2.16 designated by the commissioner of transportation as an
2.17 intermediate airport. The members must be appointed by the
2.18 governor as follows: one for a term of one year, one for a term
2.19 of two years, one for a term of three years, and one for a term
2.20 of four years. All of the terms start on July 1, 1989. The
2.21 successors of each member must be appointed to four-year terms
2.22 commencing on the first Monday in January of each fourth year
2.23 after the expiration of the original term. Before making an
2.24 appointment, the governor shall consult each member of the
2.25 legislature representing the municipality or county from which
1qq
2.26 the member is to be appointed, to solicit the legislator's
2.27 recommendation on the appointment; and
2.28 (4) a chair appointed by the governor for a term of four
2.29 years. The chair may be removed at the pleasure of the governor.
2.30 Sec. 2. Minnesota Statutes 2002, section 473.605,
2.31 subdivision 2, is amended to read:
2.32 Subd. 2. [PER DIEM, EXPENSES; EXCEPTION.] Each commission
2.33 member shall receive $50 per diem compensation and be reimbursed
2.34 for actual and necessary expenses. The chair shall receive a
2.35 salary as prescribed in section 15A.0815 and shall be reimbursed
2.36 for reasonable expenses to the same extent as a member. The
3.1 mayors and members of the city councils of Minneapolis and, St.
3.2 Paul, Bloomington, Eagan, Mendota Heights, and Richfield shall
3.3 not be eligible for per diem compensation. The annual budget
3.4 of the commission shall provide as a separate account
3.5 anticipated expenditures for per diem, travel, and
3.6 associated expenses for the chair and members, and compensation
3.7 or reimbursement shall be made to the chair and members only
3.8 when budgeted.
3.9 Sec. 3. Minnesota Statutes 2002, section 473.622, is
3.10 amended to read:
3.11 473.622 [EXISTING AIRPORTS; CONTROL, JURISDICTION.]
3.12 The corporation shall exercise control and jurisdiction
3.13 over any other airport within either 35 miles of the city hall
3.14 of either the city of Minneapolis or St. Paul or within the
3.15 metropolitan area. Control and jurisdiction of the corporation
3.16 over any privately or publicly owned airport shall be limited to
3.17 control and jurisdiction of the flight and traffic patterns of
3.18 such airport in the interests of safety of the operation of any
3.19 airport owned or operated by the corporation. No airport shall
3.20 be acquired or operated within the metropolitan area without
3.21 first securing the approval of the corporation, provided,
3.22 however, such approval shall not be withheld except after notice
3.23 to all interested parties and a public hearing held thereon, as
3.24 provided in section 360.018, subdivision 7, and then only upon a
3.25 finding by the corporation that the acquisition or operation of
3.26 such airport would create a flight hazard to any airport or
3.27 airports owned or operated by it. As to any airport once
3.28 licensed with the approval of the corporation, approval of the
3.29 continued operation of such airport shall at no time be
3.30 withdrawn by the corporation except after notice to all
3.31 interested parties, a public hearing had, and a finding by the
3.32 corporation based on substantial evidence that the operation of
3.33 such airport is inconsistent with the safety of flight to and
3.34 from an airport owned or operated or presently to be or being
3.35 constructed to be operated by the corporation, and then only
3.36 after payment of just compensation to cover the loss sustained
4.1 by reason of such withdrawal, such just compensation, if not
4.2 arrived at by agreement, to be ascertained in the condemnation
4.3 of said airport by the corporation under the power of eminent
4.4 domain, the commission to institute the condemnation proceedings
4.5 promptly and to pay in connection with the prosecution thereof
4.6 all reasonable and necessary expenses incurred not only by it
4.7 but also by the owner of such airport.
4.8 Sec. 4. [REPEALER.]
4.9 Minnesota Statutes 2002, section 473.601, subdivisions 3
4.10 and 6, are repealed.
15170
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
NOVEMBER 9, 2006
A. CALL TO ORDER
B. ADOPT AGENDA
C. APPROVE MINUTES
D. OLD BUSINESS
1. CEDAR GROVE REDEVELOPMENT DISTRICT - Update Regarding
Status of Core Area Redevelopment Agreement with Schafer Richardson
E. NEW BUSINESS
1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Consent to
Collateral Assignment of Development Agreement between the City and
MG Eagan, LLC to LaSalle Bank
F. OTHER BUSINESS
G. ADJOURNMENT
/SI
Agenda Information Memo
Eagan Economic Development Authority Meeting
November 9, 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 September 5, 2006 EDA meeting as presented or
modified.
ATTACHMENTS:
• Minutes of the September 5, 2006 EDA meeting on pages a/ . C/
/5
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
September 5, 2006
A meeting of the Eagan Economic Development Authority was held on Tuesday,
September 5, 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
Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
APPROVE MINUTES
Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a
resolution approving the minutes of the August 15, 2006 meeting as presented.
Aye: 5 Nay: 0
OLD BUSINESS
There was no old business.
NEW BUSINESS
CEDAR GROVE REDEVELOPMENT DISTRICT
USE OF EMINENT DOMAIN FOR ACQUISITION OF
ALL AMERICAN RECREATION PROPERTY
Community Development Director Hohenstein discussed the proposed acquisition of the
All American Recreation Property and noted that the action is to consider approval of the
findings of fact and resolution that were directed at the conclusion of the public hearing
to consider the use of eminent domain at the EDA meeting of August 15, 2006.
Commissioner Tilley moved, Commissioner Carlson seconded a motion to approve the
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.
Aye: 5 Nay: 0
OTHER BUSINESS
There was no other business.
/53
ADJOURNMENT
Commissioner Fields moved, Commissioner Maguire seconded a motion to adjourn the
meeting at 7:50 p.m.
Date
Thomas Hedges, Executive Director
is?
Agenda Memo
Eagan Economic Development Authority Meeting
November 9, 2006
1. CEDAR GROVE REDEVELOPMENT DISTRICT - UPDATE
REGARDING STATUS OF CORE AREA REDEVELOPMENT
AGREEMENT WITH SCHAFER RICHARDSON
ACTION TO BE CONSIDERED: To receive an update on the status of the TIF
Development Agreement between the City and Cedar Grove Development Corp for the
redevelopment of the core area of the Cedar Grove Redevelopment District and to
provide staff direction in that regard.
FACTS:
• The background materials related to this item will be distributed with the additional
information packet on Tuesday.
Agenda Memo
Eagan Economic Development Authority Meeting
November 9, 2006
1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - CONSENT TO
COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND MG EAGAN, LLC TO LASALLE BANK
ACTION TO BE CONSIDERED: 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.
FACTS:
• The City of Eagan and the Eagan Economic Development Authority held a
public hearing on November 1, 2005 with respect to a development agreement
between the City and MG Eagan, LLC for the redevelopment of a portion of the
Northeast Eagan Redevelopment District. Findings of Fact for the approval of the
agreement were subsequently approved on March 6, 2006.
• The developer and City have proceeded with efforts to acquire the remaining
properties in the affected portion of the redevelopment district and the developer
is arranging its financing for related to property acquisition and development.
• As a part of the financing, the developer requested that the City approve an
agreement. for collateral assignment of the agreement to Marshall & Isley Bank.
That request was approved in August 2006.
• McGough is rearranging its financing for the project and, as a consequence, it is
requesting that a replacement collateral assignment to the LaSalle Bank be
approved by the City.
• The proposed agreement has been reviewed by staff and the City Attorney and is
in order for consideration by the City Council. The assignment facilitates the
financing of the project and does not modify the obligations on the developer to
undertake the improvements contemplated by the agreement.
ATTACHMENTS:
• Area map on page I'
• Resolutions on pages throughtg?
• Agreement on pages / through
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EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION TO APPROVE COLLATERAL ASSIGNMENT OF THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC
TO LASALLE BANK
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to approve an agreement for the collateral assignment of the
Development Agreement between the City and MG Eagan, LLC to LaSalle Bank and to
authorize the EDA President and Executive Director to execute the appropriate
documents.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development
Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the
foregoing resolution was duly passed and adopted by the Authority in a regular meeting
thereof assembled this 9th day of November, 2006.
Jon Hohenstein, Secretary/Deputy Executive Director
151F?
CITY OF EAGAN
RESOLUTION TO APPROVE COLLATERAL ASSIGNMENT OF THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MG EAGAN, LLC
TO LASALLE BANK
BE IT RESOLVED by the Eagan City Council to approve an agreement for the
collateral assignment of the Development Agreement between the City and MG Eagan,
LLC to LaSalle Bank and to authorize the EDA President and Executive Director to
execute the appropriate documents.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council in a
regular meeting thereof assembled this 9t' day of November, 2006.
Maria Petersen, City Clerk
/9q
AGREEMENT REGARDING DEVELOPMENT AGREEMENT
THIS AGREEMENT REGARDING DEVELOPMENT AGREEMENT (this
"Agreement"), is made and entered into as of , 2006, by and among the EAGAN
ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the
"Authority"), the CITY OF EAGAN, a Minnesota municipal corporation (the "City"), MG
EAGAN, LLC, a Minnesota limited liability company (the "Developer"), and LASALLE
BANK NATIONAL ASSOCIATION, a national banking association (the "Lender").
RECITALS
A. The Authority, the City and the Developer have entered into that certain
Development Agreement dated as of March 16, 2006 (the "Development Agreement").
B. The Development Agreement pertains to the development by the Developer of
certain yet to be constructed improvements on the property legally described on Exhibit A
attached hereto (the "Land") and certain other property.
C. The Lender has made a revolving loan to McGough Development, LLC, a
Delaware limited liability company ("McGough"), in the maximum principal amount of Seven
Million Five Hundred Thousand and No/100 Dollars ($7,500,000.00) (the "Loan") pursuant to
that certain Loan Agreement dated as of October , 2006 (the "Loan Agreement"), by and
between McGough and the Lender.
D. The obligation of McGough to repay the Loan is evidenced by that certain
Promissory Note dated as of October , 2006, as amended (the "Lender Note"), executed by
McGough and payable to the Lender in the principal amount of Seven Million Five Hundred
Thousand and No/ 100 Dollars ($7,500,000.00).
E. The Lender Note is secured by that certain Revolving Mortgage, Security
Agreement, Assignment of Rents and Leases and Fixture Filing dated as of October , 2006,
as amended (the "Mortgage"), executed by the Developer in favor of the Lender and
encumbering the Land and any improvements located thereon.
F. Under Section 5.01(d) of the Loan Agreement, the Lender has required that the
Authority and the City (a) consent to the assignment of the Development Agreement to the
Lender, and (b) agree to certain other matters, all as more fully set forth herein.
NOW THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto hereby agree as follows:
1. The Developer hereby represents and warrants to the Lender that (a) except for
the Mortgage, the Developer has made no assignment of the Development Agreement, (b) the
Development Agreement is a valid and enforceable agreement which remains in full force and
I (OD
effect, and (c) to the best of its knowledge, without investigation, neither the Authority, the City,
nor the Developer is in default of their respective obligations under the Development Agreement,
and all covenants, conditions and agreements have been performed as required therein, except
those not to be performed until after the date hereof. Without the Lender's prior written consent,
the Developer shall not sell, assign, pledge, mortgage or otherwise transfer or encumber its
interest in the Development Agreement until the Mortgage is released and satisfied by the
Lender.
2. The Authority and the City hereby consent and agree to the collateral assignment
of the Development Agreement to the Lender.
3. The Authority and the City shall endeavor to notify the Lender of any default by
the Developer under the Development Agreement, and shall afford the Lender the same
opportunity to cure any such default as is given to the Developer thereunder, but the failure of
the Authority or the City to provide notice to Lender shall not affect any default.
4. If (a) the Lender becomes the owner of the Land and the Developer's interest in
the Development Agreement through foreclosure, deed or assignment in lieu of foreclosure or
otherwise, and (b) the Lender complies with the provisions of Section 4.3(b) of the Development
Agreement, then provided that there is not an uncured default under the Development
Agreement, the Authority and the City will treat the Lender as if it were the Developer under the
Development Agreement for all purposes.
5. This Agreement can be waived, modified, terminated or discharged only
explicitly in a writing signed by the parties hereto. A waiver shall be effective only in a specific
instance and for the specific purpose given. Mere delay or failure to act shall not preclude the
exercise or enforcement of any party's rights or remedies hereunder. All rights and remedies of
a party shall be cumulative and shall be exercised singularly or concurrently, at the party's
option, and any exercise or enforcement of any one such right or remedy shall neither be a
condition to nor bar the exercise or enforcement of any other.
6. Any notice, request, demand or other communication hereunder shall be deemed
fully given if delivered personally or if mailed, postage prepaid, certified or registered, addressed
to the party as set forth below:
If to the Authority: Executive Director
Eagan Economic Development Authority
3830 Pilot Knob Road
Eagan, Minnesota 55122
If to the City: City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
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If to the Developer: MG Eagan, LLC
c/o McGough Development, LLC
2737 Fairview Avenue North
St. Paul, Minnesota 55113
Attention: Gregory S. Miller
with a copy to: Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, Minnesota 55402-1498
Attention: Jay F. Cook
If to the Lender: LaSalle Bank National Association
50 South Sixth Street, Suite 1400
Minneapolis, Minnesota 55402
Attention: Thomas R. Bobak
or at such address with respect to any party as that party may, from time to time, designate in
writing and forward to the others as provided in this Section.
7. This Agreement shall be governed by and construed in accordance with the laws
of the State of Minnesota.
8. This Agreement may be executed in any number of counterparts, all of which
taken together shall constitute one agreement, and any of the parties hereto may execute this
Agreement by signing any such counterpart.
9. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement
as of the day and year first above written.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
-3-
[SIGNATURE PAGE OF THE AUTHORITY TO AGREEMENT REGARDING
DEVELOPMENT AGREEMENT]
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
By
Pat Geagan, Its President
By
Thomas L. Hedges, Its Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
2006, by Pat Geagan and Thomas L. Hedges, the President and Executive Director, respectively,
of the Eagan Economic Development Authority, a Minnesota municipal corporation, for and on
behalf of the corporation.
Notary Public
-4-
40
[SIGNATURE PAGE OF THE CITY TO AGREEMENT REGARDING
DEVELOPMENT AGREEMENT]
CITY OF EAGAN
By
Pat Geagan, Its Mayor
By
Maria Petersen, Its Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2006, by Pat Geagan and Maria Petersen, the Mayor and the Clerk, respectively, of the City of
Eagan, a Minnesota municipal corporation, for and on behalf of the corporation.
Notary Public
-5-
14?q
(SIGNATURE PAGE OF THE DEVELOPER TO AGREEMENT REGARDING
DEVELOPMENT AGREEMENT]
MG EAGAN, LLC
By
Thomas J. McGough, Jr., Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
2006, by Thomas J. McGough, Jr., the President of MG Eagan, LLC, a Minnesota limited
liability company, for and on behalf of the company.
Notary Public
-6-
/&,57
[SIGNATURE PAGE OF THE LENDER TO AGREEMENT REGARDING
DEVELOPMENT AGREEMENT]
LASALLE BANK NATIONAL ASSOCIATION
By
Thomas R. Bobak, Its Senior Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2006, by Thomas R. Bobak, the Senior Vice President of LaSalle Bank National Association, a
national banking association, for and on behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Winthrop & Weinstine, P.A. (JLL)
225 South Sixth Street, Suite 3500
Minneapolis, Minnesota 55402
2965269v1
9154-73
-7-
Agenda Information Memo
Eagan Economic Development Authority Meeting
November 9, 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.