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02/20/2007 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING February 20, 2007 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE I II. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA P A. APPROVE MINUTES P.,~ B. PERSONNEL ITEMS C. APPROVE CHECK REGISTERS P' a D. APPROVE renewal of a Consumption and Display (Set Up) Permit application for Parkview Golf Associates LLC dba Parkview Golf Course located at 1310 Cliff Road P 13 E. APPROVE renewal of a Consumption and display (Set Up) Permit application for Sambol, Inc. dba Sambol Restaurant located at 1260 Town Centre Drive P' l F. APPROVE Trash Hauler License renewal for Capital Waste Systems, 663 Maple Park Drive, Mendota Heights P. Jr G. APPROVE Shows License application for the July 4`h Funfest Committee for the July 4d' Funfest Celebration P. g5 H. APPROVE Parade Permit for the July 4`h Funfest Committee to hold the July 4`h Parade P. 1. APPROVE the use of the Community Center at no charge for the Miss Eagan Pageant J. APPROVE extension for Recording the Final Plat of Oakview Center 2nd Addition P. IL? K. APPROVE Tree Maintenance Contractor License for Asplundh Tree Expert Company 2-1 L. Removed M. APPROVE Contract 07-01, Receive Bids / Award Contract (City Wide - Street Overlays and Trail Improvements I Zy N. AUTHORIZE Request for Municipal State Aid Funding Advance - TH 149 Upgrade P.2-4 O. APPROVE Easement Agreement for Project 778 (TH 149 Upgrade) P. Z7 P. AMEND Snow and Ice Control Policy (Mailboxes) ( Q. ADOPT Resolution for the City of Eagan to participate in the Governor's Fit City Program P' 3 3 R. APPROVE Massage Therapist Establishment License for Joseph Jensen, (Massage Envy, 3250 Denmark Avenue) I V. PUBLIC HEARINGS P• ~`f A. PROJECT 928, Final Assessment Hearing Alexander Road / Meadowview Road (Street Improvements) VI. OLD BUSINESS P. u Jo A. COMPREHENSIVE GUIDE PLAN AMENDMENT - Paster Enterprises, LLC. A Comprehensive Guide Plan Amendment of approximately 24 acres from Special Area-Office/Service to Special Area-Commercial Retail located in the SE '/4 of Section 9. B. 2007 - 2008 CITY OF EAGAN GOALS VII. NEW BUSINESS P. 53 A. REZONING - City of Eagan - A Rezoning of approximately 2.3 acres from (T) Transitional to (R-3) Residential Townhouse located at 3206 Sibley Memorial Highway on Lot 9, Block 1, Letendre Addition No. 3 in the SW '/4 of Section 9. VIII. LEGISLATIVE,/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY p, f A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business P (p 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Approve Predevelopment Agreement with Atlas of Minnesota regarding Potential Redevelopment of Property on the South Side of Hwy 55 and Authorize Appraisals of Third Party Properties E. New Business F. Other Business G. Recess to Executive Session - The EDA will be asked to hold an executive session to discuss the relocation claim of the Vale School, previously located in the Cedar Grove Redevelopment District. The EDA will go to closed session and will not adjourn this meeting until the closed session is completed. X. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. A City of Eapne~o TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 16, 2007 SUBJECT: AGENDA INFORMATION FOR FEBRUARY 20, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the February 20, 2007 City Council agenda, the following items are in order for consideration. I Agenda Information Memo February 20, 2007 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the February 6, 2007 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the February 6, 2007 regular City Council meeting are enclosed on pages 3 through. MINUTES OF A REGULAR MEETING OF THE ((~D EAGAN CITY COUNCIL Eagan, Minnesota / February 6, 2006 A listening session was held on February 6, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Ken Vicarra who lives at Aspen Woods Apartments suggested the Police Department purchase additional decoy vehicles to help catch thieves that are breaking into cars. Police Chief McDonald was directed by Council to check into getting an additional vehicle for decoy purposes donated to the City. A regular meeting of the Eagan City Council was held on February 6, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Carlson, and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that an Executive Session will be held following the regular meeting. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Dispatchers Dawn Anderson, Sandra Flategraff and Kathryn Hoffinan were recognized for their years of service with the City. CONSENT AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the January 16, 2007 regular City Council meeting and the January 9, 2007 Special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Stephanie Schanus as a part-time Clerical Tech III in Community Development. 2. It was recommended to approve the transfer of 50% of the sick balance of the City's former Dispatch Supervisor, to the Dakota Communications Center. C. Check Registers. It was recommended to ratify the check registers dated January 18, 2007, January 25, 2007 and February 1, 2007 as presented. D. Industrial Revenue Bonds. It was recommended to approve a Resolution to Refinance the 1997 City of Eagan (Master Mechanical) Industrial Development Revenue Bonds. E. Agreement. It was recommended to approve an agreement with Dakota County for Public Health Emergency Preparedness Grant. F. Project 778. It was recommended to approve Easement Agreements for Project 778 (TH 149 Upgrade - Street Upgrade and Trail Improvements) with the owner of Parcels No. 10-45900-041-00 and 10-80201- 010-01 and authorize the Mayor and City Clerk to execute all related documents. G. Project 778. It was recommended to approve an Easement Agreement for Project 778 (TH 149 Upgrade - Street Upgrade and Trail Improvements) with the owner of the Soo Line Railroad/Canadian Pacific Railway right-of-way and authorize the Mayor and City Clerk to execute all related documents. H. Contract 06-02. It was recommended to approve the final payment for Contract 06-02 (Citywide - Street Overlays and Improvements) in the amount of $30,894.80 to McNamara Contracting, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. 1. Contract 06-03. It was recommended to approve the final payment for Contract 06-03 (Citywide - Street Overlays) in the amount of $19,632.86 to McNamara Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. 3 Eagan City Council Meeting Minutes 14 February 6, 2007 Page 2 J. Contract 06-09. It was recommended to approve the final payment for Contract 06-09 (Nicols Road - Sidewalk Improvements) in the amount of $106,450.99 to O'Malley Construction, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. K. Proiect 938. It was recommended to receive the Final Assessment Roll for Project 938 (Nicols Road - Sidewalk Improvements) and schedule a public hearing to be held on March 6, 2007. L. Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements within Lots 1 and 2, Block 1, Terra Glenn 3`d Addition and schedule a public hearing to be held on March 6, 2007. M. Extension of Preliminary Subdivision Approval. It was recommended to approve a one-year extension of the Preliminary Subdivision approval for Gustafson Addition, consisting of two lots on approximately 2.38 acres located south of Red Pine Lane in the SE '/4 of Section 36. N. Extension for recording of CUP. It was recommended to approve a 60-day extension to the recording of a Conditional Use Permit for outdoor storage, for property located at 4870 Biscayne Avenue in the SE 'A of Section 36. 0. Final Subdivision. It was recommended to approve a Final Subdivision (Madelyn Woods Addition) to create eight single-family lots upon 6.7 acres located south of Cliff Road and west of Lenore Lane in the NE '/4 of Section 32. P. Donation. It was recommended to approve a resolution accepting an anonymous donation of a Medtronic LIFEPAK Automated External Defibrillator (AED). Q. Massage TherVy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Allison Webster (Rejuv Skin and Laser Center), 1625 Lena Court #300. R. Contract with Dakota County. It was recommended to approve the renewal of a one year contract with Dakota County for the provision of Sentence to Service work S. Pulled for discussion. Award Bid. It was recommended to award a bid for construction of a new 75' Fire Ladder Truck to Pierce Manufacturing for a total cost of $527,196.80. (includes a trade-in value of $100,000 for current truck) APPROVED: Fields - Bakken 5-0 T. Comprehensive Guide Plan Amendment. It was recommended to continue this request to the February 20, 2007 City Council meeting for consideration of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area - Office / Service, to Special Area - Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE '/4 of Section 9. U. Agreement with Tree Trust. It was recommended to approve an agreement with Tree Trust to become a host site for a Community Support Program. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no items of Old Business. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - EAGAN STATION City Administrator Hedges introduced this item regarding a Planned Development Amendment to add a detached trash enclosure to the existing building at 3450 Pilot Knob Road (MVTA Eagan Station). City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to add a detached trash enclosure to the existing building at 3450 Pilot Knob Road, legally described as Lot 1, Block 1, MVTA Eagan Station, in the NW '/4 of Section 15, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. Eagan City Council Meeting Minutes p w February 6, 2007 Page 3 2. The enclosure shall be located and constructed as shown on the Site/Details Plan sheet dated December 2, 2003. INTERIM USE PERMIT - NORTHWOOD EQUITY City Administrator Hedges introduced this item regarding an Interim Use Permit to allow outdoor storage of 47 vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle. City Planner Ridley gave a staff report. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to allow outdoor storage of 47 vehicles (buses, vans and bloodmobiles) located at 3265 Northwood Circle, Lot 1, Block 1, Northwood Business Park 2nd Addition in the SE i/4 of Section 10, subject to the following conditions: Aye: 5 Nay: 0 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. Storage is permitted for four blood mobiles that are 40 feet in length, 10 cut-away vans, six mobile vans that are 24 feet in length and 23 vans for outdoor storage associated with this IUP. 3. Storage is also permitted for three buses that are 25 feet in length and one van for outdoor storage associated with this IUP. 4. The IUP shall terminate on July 31, 2012. 5. The outdoor storage shall occur in the designated storage areas as indicated on the Site Plan dated April 24, 2002 and received January 17, 2007. 6. The Interim Use Permit shall be subject to administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The IUP may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. INTERIM USE PERMIT - RESOURCE ENVIRONMENTAL SERVICES (GOPHER RESOURCES) City Administrator Hedges introduced this item regarding an Interim Use Permit to operate a yard waste compost facility and landscape yard at 805 Yankee Doodle Road. City Planner Ridley gave a staff report. John Tapper, Gopher Resources, discussed the proposed compost facility and requested that the existing signs on the property be allowed to remain. Gino Pitera, Gertens, discussed the long term use of the site as a compost facility. Council discussion occurred relative to the non-conforming signage issue and it was determined that condition #8 should remain the same but the applicant was encouraged to submit an application for the Council to consider a Variance to the signage standards. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit to operate a yard waste compost facility and landscape yard at 805 Yankee Doodle Road, located north of Yankee Doodle Road at Elrene Road in the SW '/4 of Section 12, subject to the following conditions: Aye: 5 Nay: 0 1. The permit shall expire June 1, 2017 (a ten year term). 2. The Interim Use Permit shall be recorded within 60 days of its approval by the City Council. 3. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. The site shall be improved and operated in accordance with the Planned Site Layout dated January 9, 2007. 5. Hours of operation shall be limited to: 5 Eagan City Council Meeting Minutes February 6, 2007 DA)', Page 4 F Monday - Friday 7:00 a.m. - 9:00 p.m. • Saturday 7:00 a.m. - 8:00 p.m. • Sunday 8:00 a.m. - 7:00 p.m. 6. The applicant shall confirm that the irrigation system required with the 2004 IUP approval has been installed and if not, irrigation should be installed with these new proposed site improvements. 7. The applicant shall submit a detailed grading and paving plan for review by City Engineering staff, and if necessary, obtain a grading permit if prior to commending any site improvements. 8. Existing signage appears to be non-conforming as to size and setbacks. One sign shall be removed and a sign permit shall obtained for the other sign with adjustments made to conform to City Code requirements. 9. Updated storm water quality information shall be submitted for review and approval by the City Water Resources Coordinator prior to commending any new site improvements. 10. Landscape center products are limited to those items shown on the approved Site Plan as follows: Bulk Landscape Products - Boulders, bulk stone, timbers and miscellaneous supplies Bulk Bin Storage - Composts, soils, wood mulches, landscape gravels Palletized Landscape Supplies - Bagged mulches and gravel, paving brick, retaining wall block and natural stone 11. All operations on the site shall be maintained in a neat and orderly fashion and shall not emit any noxious odors that impact neighboring properties. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE RESOLUTION IN SUPPORT OF A 2007 STATE COMPREHENSIVE TRANSPORTATION FUNDING PACKAGE City Administrator Hedges discussed a resolution that the League of Minnesota Cities is encouraging communities to pass and send to the City's legislative delegation and Governor, to make them aware of the City's transportation needs, thus the need to pass a comprehensive transportation funding package in 2007. Public Works Director Colbert discussed the TINA study. Discussion was held and modifications to the proposed resolution were agreed upon. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve a resolution as amended in support of a 2007 State comprehensive transportation funding package. Aye: 5 Nay: 0 The regular Council meeting was recessed at 7:45 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:50 p.m. ADMINISTRATIVE AGENDA There were no Administrative Agenda items. VISITORS TO BE HEARD There were no visitors who wished to be heard. The regular meeting recessed and an Executive Session convened to discuss the MAC Lawsuit Update, Diffley Ventures, Mellon Property, Cedar Grove Acqusition of the Kelly Plourde Property at 3935 Sibley Memorial Highway in the Cedar Grove Redevelopment District. Councilmember Carlson moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:00 p.m. Date Administrative Secretary / Deputy City Clerk Eagan City Council Meeting Minutes b February 6, 2007 Page 5 / If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. 1 Agenda Information Memo February 6, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Criminal History and Driver's License History Checks-- ACTION TO BE CONSIDERED: To approve a resolution authorizing designated City staff to conduct pre-employment background checks using the State of Minnesota Bureau of Criminal Apprehension Computerized Criminal History database and driver's license history inquiries through the Minnesota Department of Public Safety on persons who are finalists for employment positions in the City and those who are volunteers in City programs that provide service to children and vulnerable adults in accordance with this resolution. FACTS: • The Eagan Police Department has been performing all local and state-wide background checks for all job candidates who have passed the interview process. • Recently, police staff attending training sponsored by the Bureau of Criminal Apprehension (BCA) related to conducting background checks. Regulations have changed and it is now required that the governing body of all jurisdictions must formally pass a resolution to approve the conducting of state-wide computerized criminal background checks on potential employees. • Nothing shall be construed to preclude the City from conducting comprehensive background investigations of applicants for City employment positions, including but not limited to accessing public data through other automated and non-automated sources and contacting references. • Nothing shall also be construed to preclude the City from periodically conducting driver's license inquiries on employees or volunteers where possession of a valid driver's license, including commercial driver's licenses, is an essential qualification of the position. The City of Eagan has a significant interest in protecting the general public in the performance of government services. There is a need to conduct computerized criminal history checks using the BCA computerized criminal history database and driver's license history inquiries on persons who are finalists for certain City positions and who are applying to volunteer in City programs providing services to children or vulnerable adults including. Agenda Information Memo February 6, 2007 Eagan City Council Meeting ➢ Certain City employees and volunteers work independently with and provide public services to children and/or vulnerable adults. Protection of these vulnerable persons warrants the investigation of persons who are finalists to fill certain employment positions within the City and who are applying to volunteer in City programs that provide services to these members of the public. ➢ Some City employees work closely with public funds and accounts who have access to property or assets of the City where losses are difficult to detect or prevent. In order to minimize risk that the public trust will be violated, computerized criminal history inquires of those individuals who are finalists to be employed in such positions are necessary. ➢ Other City employees enter private homes of City residents on a regular basis to perform necessary public services. Computerized criminal history inquires on persons who are finalist for such positions are deemed necessary to minimize the risk that the personal safety of residents in their homes will be violated. ➢ Certain City employees operate heavy equipment, street maintenance equipment and other City-owned motorized vehicles, on public rights-of-way. In order to minimize the loss of public property and the loss of life in serious traffic accidents, computerized criminal history and driver's license history inquiries of finalists for such positions are appropriate. • In accordance with state policy of encouraging the rehabilitation of criminal offenders, the computerized criminal history and driver's license history prescribed herein shall not be an automatic bar of public employment but rather will be used in assessing the rehabilitation of the finalist in accordance with MN Statutes, Sections 364.01 to 364.10. This resolution cannot guarantee that certain groups or individuals will be protected from the criminal acts of employees or volunteers; rather, its intent is to minimize certain risks in the performance of government services to the general public. Candidates who are applying for employment in any position or who are applying for volunteer opportunities that provide services to children or vulnerable adults shall be notified that computerized history and/or driver's license history inquiries will be conducted prior to their hiring or volunteering. The City may in good faith rely on the accuracy of the criminal history information received from federal, state and county authorities in conducting the computerized criminal history or driver's license history inquiry discussed herein. q Agenda Information Memo February 6, 2007 Eagan City Council Meeting Item 2. Part-time Guest Services Rep/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Barbara Showalter as a part-time guest services rep at the Community Center. Item 3. Part-time Building Attendants/Concessions Workers/Community Center-- ACTION TO BE CONSIDERED: To approve the hiring of Katherine England, Sean King and Odwar Portillo as a part-time building attendants/concessions workers at the Community Center. Item 2. Resignation/Seasonal Equipment Maintenance Worker-- ACTION TO BE CONSIDERED: To accept the resignation of John Van Diver, seasonal equipment maintenance worker and authorize his replacement. FACTS: • John Van Diver has been a seasonal maintenance employee for the City since 1992. • John resigned from his position as of January 11, 2007. • It would be appropriate at this time for the Council to authorize John's replacement. 1 C~ Agenda Information Memo February 20, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated February 8, 2007 and February 15, 2007 as presented. ATTACHMENTS: • Check registers dated February 8, 2007 and February 15, 2007 are enclosed without page number. I 1 Agenda Information Memo February 20, 2007, Eagan City Council Meeting D. APPROVE RENEWAL OF A CONSUMPTION AND DISPLAY (SET UP) PERMIT APPLICATION FOR PARKVIEW GOLF ASSOCIATES LLC DBA PARKVIEW GOLF COURSE LOCATED AT 1310 CLIFF ROAD ACTION TO BE CONSIDERED: To approve the renewal of a Consumption and Display (Set Up) Permit application for Parkview Golf Course located at 1310 Cliff Road. FACTS: ➢ The State Alcohol and Gambling Enforcement Division issues Consumption and Display permits effective April 1 through March 31. The Parkview Golf Club is seeking a renewal of their permit at this time. ➢ Staff has reviewed the application and does not find any reason to deny the permit request. ATTACHMENTS (0): ~2 Agenda Information Memo February 20, 2007, Eagan City Council Meeting E. APPROVE RENEWAL OF A CONSUMPTION AND DISPLAY (SET UP) PERMIT APPLICATION FOR SAMBOL, INC. DBA SAMBOL RESTAURANT LOCATED AT 1260 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve the renewal of a Consumption and Display (Set Up) Permit application for Sambol Restaurant located 1260 Town Centre Drive. FACTS: ➢ The State Alcohol and Gambling Enforcement Division issues Consumption and Display permits effective April 1 through March 31. Sambol Restaurant is seeking a renewal of their permit at this time. ➢ Staff has reviewed the application and does not find any reason to deny the permit request. ATTACHMENTS (0): l~ Agenda Memo February 20, 2007 City Council Meeting CONSENT AGENDA: F. Trash Hauler License Renewal for Capital Waste Systems ACTION TO BE CONSIDERED: Approve renewal of Trash Hauler License (construction / demolition debris) for Capital Waste Systems, 663 Maple Park Drive, Mendota Heights FACTS: • Capital Waste Systems has applied for the renewal of their Trash Hauler License for 2007 • They will be operating two trucks in Eagan for construction / demolition debris • Application fees have been paid and staff deems the application in order for approval ATTACHMENTS: None. (The application is available for review in the Administration Department) I Agenda Memo February 20, 2007 City Council Meeting CONSENT AGENDA: G. Shows License Application for July 4th Funfest Celebration ACTION TO BE CONSIDERED: Approve Shows License and waive fees for the July 4th Funfest Committee to hold the July 4th Funfest Celebration July 3-4, 2007 FACTS: • The July 4th Funfest Committee has applied for a Shows License to hold the July 4th Funfest Celebration July 3 - 4, 2007 at Eagan Central Park. • The Funfest is an annual event featuring a parade, carnival, street dance, food booths and fireworks. • Staff and the Police Department have reviewed the application and find no reason to deny. ATTACHMENTS: None. (The application is available for review in the Administration Department.) I~ Agenda Memo February 20, 2007 City Council Meeting CONSENT AGENDA: H. Parade Permit for July 4th Parade - July 4th Funfest Committee ACTION TO BE CONSIDERED: Approve Parade Permit and waive fees for the July 4th Funfest Committee to hold the July 4th Parade on July 4, 2007. FACTS: • The July 4th Funfest Committee has applied for a Parade Permit to hold a parade on July 4th • The July 4th Parade is an annual event in the City of Eagan. • The proposed parade route is eastbound on Yankee Doodle Road from Highway 13, turning northbound at Central Parkway and terminating at the turn-in to Central Park / Community Center. • Staff and the Police Department have reviewed the application and find no reason to deny. ATTACHMENTS: None. (The application is available for review in the Administration Department.) I~ Agenda Memo February 20, 2007 City Council Meeting CONSENT AGENDA: 1. Use of Community Center at no charge for the Miss Eagan Pageant ACTION TO BE CONSIDERED: Approve the use of the Community Center at no charge for the Miss Eagan Pageant to be held July 1 - 2, 2007. FACTS: • The July 4`" Funfest Committee has requested the use of the Community Center at no charge for the Miss Eagan Pageant to be held Sunday, July 1, 1:00 p.m. - 11:00 p.m. and Monday, July 2, 9:00 a.m. - 11:00 p.m. • The Committee is requesting use of the following rooms: ❖ Large meeting room for gown, speech and talent competition ❖ 3 small rooms for girls' changing rooms ❖ 1 large conference room (upstairs) for pageant headquarters for paperwork and scoring ❖ Senior Center for judge's interview room ATTACHMENTS: • Attached as page T) is a copy of a summary of the pageant plans and a list of parade and personnel appearances of the Miss Eagan Royalty. • The application (No charge request form) is available for review in the Administration Department. I~ City of Eagan The Eagan 4d' of July Funfest Committee is planning to continue the Miss Eagan Pageant as a part of the July 4`" Festivities again this year. The Pageant will be an opportunity for young girls (8 years to 12 years old) and older teens (13 to 18 years old) as well as Young women (19 to 22 years old) to have a role in the July 4d' Festivities. The committee is trying to keep the cost of the pageant as low as possible. We are requesting the use of the Eagan Community center as the location of the Pageant. This would keep all of the 4d' of July activities centered on the Eagan Park and Community Center. We would like the use of the Center on the following days: Sunday, July 1 2007 1:00 PM-11:00 PM Monday, July 2°d 2007 9 AM-11:00 PM We are in need of the following rooms: Large meeting room for Gown, Speech and Talent competition. 3 Small rooms for Girls changing rooms 1 Large conference room (upstairs) for Pageant Head quarters for paperwork and scoring Senior center for judge's interview room The 4d' of July committee is requesting that the fee for the rooms be waived for the use of the Pageant activities. Since the crowning of Miss Eagan in July 2004 the Queens and Princesses have participated in many activities in Eagan and the surrounding communities. The following is a list of the parade and personnel appears of Miss Eagan Royalty The Eagan Royalty attends numerous events through out the state of Minnesota and in Eagan. This Miss Eagan Royalty have attended Lakeville's Pan o Prog, Hopkins Raspberry Festival, National Night Out, Rosemount Leprechaun Parade, Apple Valley 4th of July Parade, Eagan's 4th of July Parade and Funfest, Eagan's Fire House Ice cream Social, Eagan's Grand opening of Cascade Bay Mini Golf course, Sparkle Night at Minnesota Twins, The Minnesota State Fair Parade, Jesse James Coronation, and Jesse James Day Parade, Pola Czesky Days, MS Tram Bike Tour, and KS95 Stuff the Bus Event. Most recently the Miss Eagan Royalty were seen at the Anoka Halloween Parade, Anoka Coronation, Eagan's Halloween Hodgepodge and Eagan's Anchor Banks Social for small business owners. 1 ~j Agenda Information Memo February 20, 2007, Eagan City Council Meeting J. EXTENSION FOR RECORDING FINAL PLAT - EAGAN HOSPITALITY GROUP (OAKVIEW CENTER 2 ADDITION) ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record the final plat for Oakview Center 2°d Addition, located south of Lone Oak Road and north of Hwy. 55 in the NW 1/4 of Section 12. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on April 4, 2006. The plat is required to be recorded within 60 days of approval. ➢ The plat approval has previously been extended three times for 90 days each time. The current approval expires February 28, 2007. ➢ The applicant submitted a request for a 90-day extension of the final plat approval. ➢ The requested extension would allow until May 29, 2007 for the plat to be recorded. ATTACHMENTS (1): Letter from Rian Gamble, Eagan Hospitality Group, page LJJ Iq COMFORT SUIT Eagan Hospitality Group, LLC February 13, 2007 Pam Dudziak Planner, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Extension of Plat Approval for Eagan Comfort Suites Dear Pam: Please consider this request for an extension of our plat approval for 90 days. We are requesting this extension in order to complete the requirements for the final plat and execute the planned development agreement. Per our conversation, we anticipate that these items will be completed within the next 90 days. If you have any questions regarding this request, please contact me. Sincerely, Rian Gamble Eagan Hospitality Group, LLC Badger Midwest Holdings, LLC Enclosure: Check for Plat Extension Fee ($75.00) P.O. Box 282 Waterloo, WI 53594 2-0 Agenda Memo February 20, 2007 City Council Meeting CONSENT AGENDA: K. Tree Maintenance Contractor License for Asplundh Tree Expert Company ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Asplundh Tree Expert Company, 8236 Arthur Street NE, Suite G, Spring Lake Park FACTS: • Brian Nelson of Asplundh Tree Expert Company has applied for a Tree Maintenance Contractor License. • Asplundh has been licensed in Eagan for the past few years • Fees have been paid and all requirements of the application have been met • Staff deems the application in order for approval ATTACHMENTS: None (The application is available for review in the Administration Department). ~I Agenda Information Memo February 20, 2007 Eagan City Council Meeting M. CONTRACT 07-01, CITYWIDE STREET & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 07-01 (Citywide Street & Trail Improvements), to Valley Paving, Inc., for the base bid in the amount of $1,477,178.25, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The bituminous overlay of o Deerwood Drive (Blackhawk Rd. to Pilot Knob Rd.- City Project 942) o Wescott Road (Pilot Knob Rd. to Denmark Ave. -Project 943) o Thomas Center Drive (Project 946) o Killdeer Addition (Joyce Court - Project 944) o Sheffield Addition (Sudberry Lane - Project 945) o Fawn Ridge Additions (Project 947) o Bituminous trail along the west side of Thomas Lake Road (Thomas Center Drive to the Highline Trail - also Project 946), is programmed for 2006 in the City's 5-Year Capital Improvement Program (2007-2011). • On November 21, 2006, the City Council authorized the street improvements for Deerwood Drive, and Wescott Road. • On December 19, 2006, the City Council authorized the street improvements for the Westbury Addition neighborhood, the Lexington Square neighborhood, and Thomas Center Drive (Thomas Lake Road to Cliff Road) and the trail improvements along Thomas Lake Road. • On January 2, 2007, the City Council authorized the street improvements for the Killdeer Addition, the Sheffield Addition, and Fawn Ridge Addition neighborhoods. • These projects have been combined under one contract (Contract 07-01), to increase economies of scale. • On January 16, 2007, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 07-01. • At 10:30 a.m. on February 15, formal bids were received for this project. A copy of the bid summary is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low base bid from Valley Paving, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, pagez~) BID SUMMARY CITY CONTRACT 07-01 DEERWOOD DR, PROJECT NO. 942 THOMAS CTR DR., PROJECT NO. 946 (Blackhawk Rd. - Pilot Knob Rd.) Overlay/Trail Overlay WESCOTT RD, PROJECT NO. 943 FAWN RIDGE 1sT & 2ND ADDNS (Pilot Knob Rd. - Denmark Ave.) PROJECT NO. 947 Overlay Overlay KILLDEER ADDN, PROJECT NO. 944 WESTBURY ADDN, PROJECT NO. 948 (Joyce Ct.) Overlay Overlay SHEFFIELD ADDN, PROJECT NO. 945 LEXINGTON SQ, PROJECT NO. 949 Overlay Overlay Bid Date: Thursday, February 15, 2007 Bid Time: 10:30 a.m. Contractors Total Base Bid 1. Valley Paving, Inc. $1,477,178 2. Bituminous Roadways, Inc. $1,569,275 3. Niles - Wiese $1,592,151 4. Northwest Asphalt, Inc. $1,598,846 5. Ace Blacktop $1,607,019 6, McNamara Contracting, Inc. $1,610,745 7. Hardrives, Inc. $1,800,309 8. Midwest Asphalt Corporation $1,887,414 Projects Low Base Bid Feasibility Report % Over/Under Engineer's Est. % OverfUnder Estimate Estimate Estimate 942 $315,529 $271,250 +16.3% $333,780 -5.5% 943 $100,160 $92,590 +8.2% $116,230 -13.8% 944 $43,926 $48,590 -9.6% $46,120 -4.8% 945 $56,402 $71,360 -21.0% $60,020 -6.0% 946 $155,413 $137,130 +13.3% $137,650 +12.9% 947 $191,671 $244,740 -21.7% $216,260 -11.4% 948 $180,799 $212,920 -15.1% $203,750 -11.3% 949 $433,351 $497,780 -13.0% $495,900 -12.6% Totals $1,477,178 $1,576,360 -6.3% $1,610,000 -8.3% G:Projects.&Contracts/07-01/Bids&SpecBidSummaryTable 2Z Agenda Information Memo February 20, 2007 Eagan City Council Meeting N. REQUEST ADVANCE FROM MUNICIPAL STATE AID ROAD PROGRAM ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Department of Transportation to advance to the City of Eagan $6.2 million of future apportionments from the Municipal State Aid (MSA) Construction account. FACTS: • The Municipal State Aid (MSA) program distributes a portion of the State's gas tax to each Minnesota city (over 5,000 population). These funds are limited to the maintenance and construction of only those streets designated as a State Aid roadway. Only 20% of the city's local street mileage is eligible for this designation. • The apportionment of the gas tax to eligible cities is based on a formula of population and construction needs. The City of Eagan's apportionment for 2007 is approximately $1.65 million. Anticipated State Aid eligible construction costs for 2007 are approximately $7.9 million, including $7.2 million for the reconstruction of TH 149. • The MSA program allows cities to advance funds in excess of their annual apportionment, with no interest costs, for use in the construction of streets in the State Aid roadway system. The advance can be in an amount of not more than five year's annual allocations. • This resolution requests the Commissioner of Transportation to advance the City of Eagan a total of $6.2 million from five years of future State Aid Construction Account payments. With the advance, the City will not receive its annual apportionments for the next five years. • Although the City has requested $6.2 million in advanced funds, Mn/DOT indicates that only $2.0 million in advanced funds is currently available for the City of Eagan. However, this amount will likely be increased when account balances are reviewed at the end of 2007. The exact amount of advanced funds that will be paid to the City in 2007 is unknown at this time. ISSUES: • This resolution does not increase the net transportation funding available to the City of Eagan. Rather, it is an interest free loan made to the City against future funding allocations. A comprehensive transportation funding mechanism, as discussed at the February 6, 2007 City Council meeting, is still critical for meeting the current and future needs of the City's transportation infrastructure. ATTACHMENTS: • Municipal State Aid Advance Funding Resolution, pages 25 *16 RESOLUTION NO TO ADVANCE FUNDING FROM THE MUNICPAL STATE AID STREET CONSTRUCTION FUND WHEREAS, the City of Eagan is planning to implement Municipal State Aid Street Project(s) in 2007 which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said City is prepared to proceed with the construction of said project(s) through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account, and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8820, 1500, Subpart 10. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the City of Eagan in an amount up to $6,200,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 10b. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Constriction Account of said City in accordance with the schedule herein indicated: Repayment from entire fixture year allocations until fully repaid. X Repayment from future year allocations in amounts listed below until fully repaid (maximum 5-year repayment). I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County of Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 20th day of February, 2007, as disclosed by the records of said City on file and of record in the office. Maria Petersen, City Clerk City of Eagan (SEAL) 2,5 Agenda Information Memo February 20, 2007 Eagan City Council Meeting 0. PROJECT 778, TH 149 UPGRADE STREET UPGRADE & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 778 (TH 149 Upgrade - Street Upgrade and Trail Improvements) with the owner of Parcels No. 10-45900-051-00 and 10-45900-052-00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency on the upgrade of Trunk Highway (TH) 149 to a four-lane divided highway between TH 55 and Albano Trail in Inver Grove Heights. The proposed project includes an urban curb & gutter section north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and a trail along the east side, north of Wescott Road. • The upgrade of TH 149 requires the acquisition of numerous permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The estimated value of the permanent and temporary easements for the properties initially indicated a value of about $42,550. An offer was accordingly forwarded to the owner of the properties. • The property owner incurred legal fees for review of the associated appraisal and easement documents. These legal fees were not included in the offer. Therefore, the property owner requested additional compensation for these expenses, which he is entitled to a minimum of $1,500 per property appraisal, by law. • The property owner has also requested additional compensation to address impacts to landscaping, fencing and a sign. The remainder of the difference in opinion on the valuation is directly related to the property values assigned by the appraisers. • In order to settle and avoid additional costs in attorney fees and commissioner's hearings, the appraiser has suggested a revised offer of $57,150 as an appropriate alternative. The property owner has consented to this offer. • An agreement between the City of Eagan and the owner of Parcels 10-45900-051-00 and 10-45900-052-00, Lot 5 Loren Place, has been prepared providing for the acquisition cost for the necessary easements. • Engineering staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. 2(.o Agenda Information Memo February 20, 2007 Eagan City Council Meeting P. SNOW AND ICE CONTROL POLICY ACTION TO BE CONSIDERED: Amend the Snow and Ice Control Policy regarding property owner obligations for mailbox repair/replacement FACTS: • As the City continues to mature, many originally installed mailboxes are becoming deteriorated and stressed due to weather and age. Also, many mailboxes were initially installed without a permit (as an installation in public right of way) and do not meet city design standards for proper setback and height to minimize conflict with the City's winter maintenance activities that sometimes inadvertently results in structure damage to the mailbox. • Public Works staff discussed these concerns with the City Council at a Special Workshop meeting on Dec. 11, 2006. With the Council's concurrence and direction from that meeting, staff will be implementing the following: o Revise the Standard Design Detail Plate to more clearly state the design requirements and publicize the information via various communication vehicles (i.e. Newsletters, City web, flyers, etc). o Create an inventory of out-of-compliance mailboxes and notify property owners of new standards, policy revisions and personal responsibilities/liabilities beginning in May,2007. o Implement a new program providing property owners an opportunity to have substandard mailboxes upgraded to meet City requirements at their cost as part of the City's neighborhood revitalization assessable street resurfacing program. • In addition to these administrative measures, the City's formal Snow and Ice Control Policy (adopted on 12-20-99) needs to be amended to reflect the following change/addition: o Section IV, Art. A, Sec B "The City replaces mailboxes that are damaged, broken or knocked down only if there was a direct hit by a City plow or City vehicle provided the mailbox was installed and maintained to City and postal specifications. Those specifications require mailboxes be located at least 48" above the street level with the forward bottom corner located behind the back of the curb....Residents/owners notified by the City via U.S. Mail about mailboxes that do not meet City specifications are responsible and liable to repair/replace/maintain them in the event they are damaged as a result of the City's Snow and Ice Control operations until such time that the mailbox has been brought into compliance with City Standards. If a mailbox is deemed to have been in compliance with City standards and is damaged by a direct hit by a City plow or City vehicle as a result of a City Snow and ice Control operation, the property owner may either choose to have the City replace the damaged mailbox with a City standard mailbox installation, or be reimbursed by the Cityfor owner initiated repair/replacement at a cost not to exceed $50 for each support post/structure, $25 for each mailbox receptacle and $25 for each periodical/paper receptacles. 27 Agenda Information Memo February 20, 2007 Eagan City Council Meeting SNOW AND ICE CONTROL POLICY (cont.) FACTS: • These proposed changes to the City's Snow and Ice Control Policy have been reviewed by the City Attorney's office and found to be in order for favorable consideration by the City Council. ATTACHMENTS: Q • New Mailbox Standard Plate, page / • Non-conformance notice to property owners, page Minimum Height - 48 Inches above street level Address must be on side of box from which carrier approaches in letters a minimum of one inch high. (or on the front where boxes are grouped). Front of Mail Box Behind Back of Curb f ib- t Front of Pape z Boxes shall not Extend Forward of Vertical Post (If lower than 48" ' "Safety Clear Zone" REVISED STANDARD MAIL & PAPER BOX PLATE City of Ea""D INSTALLATION GUIDELINES 8/06 610 Engineering Department 2. if Please 4011~ of Eagan NoteCity City of Eagan winter maintenance operations require that residential mailboxes provide a 48" CLEAR ZONE (see attachment) between the bottom front corner of the mailbox structures/paper boxes and the valley of the curb. Structures must also be located behind the back of the concrete curbing. YOUR MAILBOX at: IS IN DANGER OF DAMAGE BECAUSE: ❑ Front bottom structures are too low (less than 48') ❑ Mailbox/paper boxes are located forward of the back of the curb. ❑ Is in need of refurbishing (aging/deteriorating post or structure may not stand impact of snow from plow) PLEASE make appropriate changes/repairs as needed. The City of Eagan will not repair/replace your mailbox if damaged by winter maintenance activities in its current condition Questions? Please contact Kurt Schlegel or Tom Struve, Streets Maintenance 651-675-5300 (Tear off here and mail to: Eagan Central Maint., 3501 Coachman Pt., Eagan MN 55122) Or notify us via e-mail at: Tstruve _cityofeagan.com (Please notify us when refurbishing/replacement occurs for a compliance inspection) NAME ADDRESS DAYTIME PHONE 30 Agenda Memo February 20, 2007 City Council Meeting Q. ADOPT a Resolution for the City of Eagan to participate in the Governor's Fit City Program and authorize staff to submit an application. ACTION TO BE CONSIDERED Adopt a Resolution affirming activity friendly commitments in the City of Eagan and authorize staff to submit an application to be a part of the Governor's Fit City Program. FACTS • The Governor's Fit City Program supports and encourages residents to be more physically active. Cities designated as a Governor's Fit City will receive a recognition plaque and the list of participating cities will be posed on the Minnesota Department of Health Web site. • The purpose of the program is to recognize Minnesota cities that are committed to creating and maintaining a city environment supportive of active living by providing opportunities for physical activity to people who live, work and play within the city. • The criteria required to participate in this program are: o City must adopt a resolution affirming activity friendly commitments by city leaders and elected officials. o City agrees to advertise and display "Fit City" designation. o City maintains and develops walk ability capacity and locations that are easily accessed by residents, workers and visitors. o City commits to maintain and develop recreation areas, parks, playgrounds, and playfields. o City commits to maintain or develop at least one indoor facility-public or private- available for cold season activity, that is open and accessible to all ages. o City partners with community-wide organizations dedicated to specific or general activities which support physical activity. o City commits to building community awareness about locations, services and organizations dedicated to fitness/physical activity. • The designation as a participant in the Governor's Fit City program will enhance the visibility of activities and events that currently exist within the City of Eagan as well as provide a guide for future considerations. ATTACHMENTS Resolution attached on page ~J 31 CITY OF EAGAN RESOLUTION AFFIRMING ACTIVITY-FRIENDLY COMMITMENTS WHEREAS, the first criteria listed on the Governor's Fit City Application is stated as: City must adopt a resolution affirming fit-friendly commitments by community leaders and elected officials. WHEREAS, Active Living is a way of life that integrates physical activity into daily routines. The goal is to accumulate at least 30 minutes of activity each day. Individuals may do this in a variety of ways such as walking or bicycling for transportation, exercise or pleasure; playing in the park; working in the yard; taking the stairs; and using recreation facilities; and WHEREAS, the City of Eagan affirms activity-friendly commitments such as: • Develop and maintain a cohesive system of parks and trails, incorporating accessible neighborhood parks. • Establish processes to assess and improve existing local active living infrastructure (e.g., by using design guidelines). • Require that neighborhood streets be designed with pedestrians and bicyclists in mind (e.g., by using design guidelines). • Support recreation programs that encourage active living. • Ensure that physical activity facilities (youth/senior centers, trails, etc.) are accessible and affordable. • Introduce active living issues, such as walkable communities, into public dialogue. • Increase measures for pedestrian and bicyclist safety. NOW THEREFORE, BE IT RESOLVED, that the City of Eagan is committed to providing an activity friendly community to its residents. BE IT FURTHER RESOLVED, that the City Council hereby authorizes the application for The Governor's Fit City Program. Adopted by the City Council of the City of Eagan, Minnesota this 20th day of February, 2007. Mayor ATTEST: City Clerk 32 Agenda Memo February 20, 2007 City Council Meeting CONSENT AGENDA: R. Massage Therapy Establishment License for Joseph Jensen, Massage Envy, 3250 Denmark Avenue ACTION TO BE CONSIDERED: Approve Massage Therapy Establishment License for Jospeh Jensen to operate a massage therapy establishment, Massage Envy, at 3250 Denmark Avenue FACTS: • Joseph Jensen has applied for a license to operate a massage therapy establishment at 3250 Denmark Avenue. • This will be a new establishment which is scheduled to open approximately April 26, 2007. • Fees have been paid and all requirements of the application have been met. • The Police Department conducted a background investigation and found no reason to deny the application. • Staff deems the application in order for approval. ATTACHMENTS: None (The application is available for review in the Administration Department). 0~) Agenda Information Memo February 20, 2007 Eagan City Council Meeting PUBLIC HEARINGS A. PROJECT 928, MEADOWVIEW ROAD/ ALEXANDER ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve/Modify the Final Assessment Roll for Project 928 (Meadowview Road/ Alexander Road - Street Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 928 provided for the upgrade of Meadowview Road to current City standards and the 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 all commercial/industrial properties along both streets. • The City Council held a Final Assessment Hearing on December 4, 2006 to consider adopting the Final Assessment Roll for certification to Dakota County. • As a result of questions raised at the Public Hearing, The City Council continued consideration of adoption to the February 20, 2007 Council meeting and directed the Public Works Committee to review the concerns and provide a recommendation for further consideration by the Council. • Notices were mailed out to all affected property owners on January 26 informing them of the Public Works Committee meeting to be held on Feb. 6 at 5pm. • On February 6, the PW Crate met with the one property owner in attendance, reviewed the details of the project and the property owner's expressed concerns. After due consideration and deliberation, the Committee recommended that the original Final Assessment Roll, as presented at the Public Hearing on Dec. 4, 2006, be adopted with no changes or modifications. • Notification was published in the legal newspapers and sent to all affected property owners informing them of the continuation of the Public Hearing to Feb. 20. ATTACHMENTS: rr ~2 • Final Assessment Report, pages 35 through "i f 1~ • Public Works Committee meeting notes, pages 44 and ~i 30 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 928 Assessment: December 4, 2006 Name: Meadowview Road Street Upgrade Project Approval Date: February 21, 2006 Alexander Road Mill & Overlay Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service ❑ Lateral Benefit WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral 0 Surfacing/ Signs $23,342.75/ $81.84/ Meadowview D/W F_F $15.85 $21.12 /F.F. Alexander ❑ Service ❑ Multi Family Equiv. ❑ Lat. Benefit/trunk ❑ WAC ❑ C/I Equiv. 0 Concrete Driveway $6935 $61.42 /S.Y. Replaced OTHER STREET LIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed* Financed* 06-02 10 15 Years 5.50% $275,670 F.R. $88,050 F.R. $379,007.94 $72,500.94 (F.R. = Feasibility Report) ~5 AbL- City of Equ Me To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: November 14, 2006 Subject: Final Assessment Roll, Project 928 Meadowview Road/ Alexander Road Street Improvements At the public hearing on February 21, 2006, the City Council ordered Project 928, and in accordance with the feasibility report, the following improvements were constructed: the upgrade of Meadowview Road to current City street standards with concrete curb & gutter, bituminous paving, the mill and overlay of Alexander Road, the re-alignment of a portion of Alexander Road, the installation of standard concrete driveway entrances on Meadowview and Alexander, and replacement of traffic and street signage for Meadowview and Alexander Roads. The proposed abandonment of a portion of sanitary sewer was later determined to be unnecessary and not feasible and, therefore, not performed. In the feasibility report, it was proposed to assess 100% of the street upgrade and signage improvements on Meadowview Road, up to the rate identified in the 2006 Fee Schedule, in accordance with the City Special Assessment Policy. However, due to the significant variances in individual lot frontage, and the recognizable similarity in benefits to each property based on their existing (or potential) driveway connections, the final assessment roll is based on "driveway equivalent" rather than Fee Schedule rates of actual frontage. It was also proposed to assess 100% of the overlay and signage improvements on Alexander Road, and 100% of the concrete entrance improvements on both Meadowview and Alexander Roads, in accordance with the City Special Assessment Policy. The improvements were completed under Contract 06-02. The following information was used in the preparation of the assessment roll for Project 928. 1. PROJECT COST The construction cost includes the amount of $338,510.92 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,637.26. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $113,196.72 were incurred resulting in an improvement and project cost of $451,707.64. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY COST COSTS COST REPORT Street Upgrade/Sign Replace (Meadowview) $192,248.16 $64,522.13 $256,770.29 $181,200 Street Resurfacing/Sign Sign Replace (Alexander) $25,288.65 $8,263.36 $33,552.01 $44,720 Alexander Rd. Curve Realign $42,244.78 $13,923.20 $56,167.98 $57,100 Concrete Entrance Aprons $67,232.06 $22,63934 $89,871.40 $49,700 C & G Repair (Alexander) $11,497.27 $3,848.69 $15,345.96 $23,550 Sanitary Sewer Abandonment $7,400 Totals $338,510.92 $113,196.72 $451,707.64 $363,720 I II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk improvements were installed under this project, therefore, trunk assessments are not proposed in this assessment roll. B. STREET U"PROVEMENTS - MEADOWVIEW ROAD/ ALEXANDER ROAD 1. Meadowview Road -The costs of the street upgrade and street signage improvements on the 36-foot wide commercial/industrial street was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $2,840 $2,840.00 Clearing Tree 7 $50.00 350.00 Grubbing Tree 7 $50.00 350.00 Remove Bituminous Driveway Pvmt. SY 803 $4.56 $3,661.68 Common Excavation CY 673 $5.85 $3,937.05 Granular Borrow (LV) CY 1030 $13.75 $14,162.50 Common Borrow (LV) CY 1690 $7.60 $12,844.00 Modular Block Retaining Wall SF 0 $22.60 0 Remove Concrete Culvert Pipes & FES LF 22 $15.75 $346.50 Remove Corrugated Metal Pipes & FES LF 265 $8.40 $2,226.00 Remove Concrete FES EA 2 $265.00 $530.00 Bulkhead Concrete Pipe EA 2 $788.00 $1,576.00 Salvage Hydrant EA 2 $945.00 $1,890.00 Connect to Existing Storm Manhole/Catch Basin EA 6 $840.00 $5,040.00 12" RC Pipe Sewer Design 3006, Cl. V LF 109 $45.15 $4,921.35 Construct Catch Basin w/cstg. (Std. Plate 232 EA 3 $2,162.00 $6,486.00 Construct Storm Manhole over Ex. Pipe (w/cstg.) EA 2 $2,318.00 $4,636.00 Class V Aggregate Base, 100% Crushed TN 2,385.65 $12.16 $29,009.50 B618 Concrete Curb & Gutter LF 1,714 8.46 $14,500.44 Type LVNW35030C Non-Wearing Course Mixture (3") TN 622.93 $41.25 $25,695.86 Type LVNW45030C Wearing Course Mixture (1 1/2") TN 392.64 $45.97 $18,049.66 Bituminous Material for Tack Coat GAL 250 $1.50 $375.00 Adjust Water Valve Box EA 1 $100.00 $100.00 Repair Gate Valve Top Section w/Cover (SP 100) EA 4 $143.00 $572.00 Gate Valve Nut Ext_ LF 4 $158.00 $632.00 Repair Gate Valve Mid Section w/Cover (SP 100) EA 5 $200.00 $1,000.00 Hydrant (10' bury) EA 1 $2,730.00 $2,730.00 Hydrant EA 1 $2,310.00 $2,310.00 2 31 Adjust Frame & Ring Casting (MH - Complete Rings EA 4 $295.00 $1,180.00 Install Casting EA 7 $428.00 $2,996.00 Reconstruct Manhole LF 19.42 $252.00 $4,893.84 Seeding, Type MnDOT 270 AC 0.8 $3,150.00 $2,520.00 Mulch Material, Type 1 TN 1.6 $367.50 $588.00 Sodding, Highland Type Lawn - Salt Resistant SY 969 5.57 $5,397.33 Select Topsoil Borrow (LV) CY 330.37 $22.05 $7,284.66 4" Double Solid Line Yellow - Epoxy LF 1107 $0.38 $420.66 Silt Fence, Machine-Sliced LF 1,521 $2.50 $3,802.50 Traffic Control LS 1 $1,575.00 $1,575.00 Replace Traffic Signs LS 1 $818.63 $818.63 SUBTOTAL $192,248.16 Other costs @33.5% $64,522.13 Meadowview Upgrade/ Street Signs 36' Street $256,770.29 2. Alexander Road - The costs of the street overlay and street signage improvements on the 44-foot wide commercial/ industrial street were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization LS 1 $2,000.00 $2,000.00 Repair Sprinkler System EA 1 $60.00 $60.00 Mill Bituminous Pvmt. (1'/4" depth) SY 1,710 $1.25 $2,137.50 Type LVWE45030B Wearing Course Mixture TN 431.68 $39.95 $17,245.62 Bituminous Material for Tack Coat GAL 400 $1,50 $600.00 Repair GV Top Sect. w/Cover (SP 100) EA 1 $143.00 $143.00 Adjust Frame & Ring Casting (MH - Complete Rings) EA 1 $295.00 $295.00 Remove & Replace MH Casting/Rings (1642B) EA 1 $500.00 $500.00 Adjust MH Casting - Riser Adjustment EA 0 $140.00 0 4" Double Solid Line Yellow - Epoxy LF 1155 $0.38 $438.90 Traffic Control LS 1 $1,050.00 $1,050.00 Pavement Message - Lt./Thru EA 1 $183.75 $183.75 Replace Traffic Signs LS 1 $818.63 $818.63 SUBTOTAL $25,288.65 Other costs @ 33.5% $8,263.36 Alexander Mill & Overlay/ Street 44' Street $33,552.01 3 3~ I. Commercial/Industrial Properties with Driveway Entrance - The assessments for driveway replacement were computed using the total costs to replace the driveways with improved concrete entrance. UNIT EXTENDED ITEM UNIT QTY PRICE COST Remove Bituminous Pavement SY 935 $4.56 $4,263.60 Type LVWE45030BWear Course Driveway Patch SY 527 $20.25 $10,671.75 Remove & Replace Casting (Manhole EA 1 $500.00 $500.00 Common Excavation CY 25 $10.00 $250.00 Aggregate Base. CL. 5 TON 50 $20.00 $1,000.00 7" Concrete Driveway Entrance Apron SY 1,296 $34.81 $45,113.76 Sodding, Type Lawn (Highland) SY 238 $7.15 $1,701.70 Topsoil Borrow CY 20 $22.05 $441.00 Remove Concrete Curb & Gutter LF 615 $5.35 $3,290.25 SUBTOTAL $67,232.06 Other costs @ 33.5% $22,639.34 Concrete Entrance Aprons $89,871.40 C. IMPROVEMENT AND ASSESSMENT RATES 1. Meadowview Road - Eight commercial/ industrial properties within the project area have direct driveway access to Meadowview. The upgrade improvement assessment rate for these properties is proposed based on the number of existing and potential driveway accesses to Meadowview Road. There are eleven existing and potential driveway accesses onto this street improvement. The assessment rate is calculated as follows: Total Meadowview Road Improvement Cost = $256,770.29 Assessment Rate = $256,770.29/ 11 Driveways = $23,242.75/ Driveway 2. Alexander Road - Six commercial/ industrial properties within the project area have direct driveway access to Alexander. These properties are proposed to be assessed based on their front footage adjacent to Alexander Road. The improvement and assessment rate for these properties is computed as follows: Mill & Overlay/ Sign Costs = $33,352.01 Total Frontage = 2,117 Front Feet Total Improvement Cost Rate = $33,552.01/ 2,117 = $15.851 F.F. 3. Concrete Entrance Aprons - Eight driveways to commercial/ industrial properties were replaced with new concrete entrance aprons. The improvement and assessment rate per square yard for concrete entrance aprons were computed as follows: Concrete Entrance Apron Costs = $89,871.40/ 1,296 S.Y. = $69.35/ S.Y. D. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 5.50% per annum on the unpaid balance. 4 ~'59 III. CITY REVENUES (RESPONSIBILITY) IlVIPROVEMENT ASSESSMENT CITY EgTROVEMENT COST REVENUE RESPONSIBILITY Meadowview Rd. $256,770.29 $256,770.29 0 Alexander Rd. $33,352.38 $32,365.70 $987.00 Alexander Rd. Realignment $56,167.98 0 $56,167.98 Concrete Entrance Aprons $89,871.40 $89,871.40 0 Curb & Gutter Repair $15.345.96 0 $15,345.96 TOTALS $451,508.01 $379,007.39 $ 72,500.94 FUND AMOUNT Major Street Fund $72,500.94 John' Gorder, P.E. Reviewed. Revie ems; Public Works Department Finance DepA-rent Dated Dated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 5 40 ur N M M Vr O~ l!'1 (D V) a M 00 V V' t!1 V') 00 Q E.y ur N M h r N C> ur D1 O Er d M v ~ M h U h 00 O ~ l Q~ a\ M O~ v'i V N M Q` M Q 699 699 6~9 6os 6& bM9 6N9 699 69 699 60, .g M M A C/3 M v O kr) O O O O Lf) 00 C, tn _ d It 'V M M 00 w O 00 M t N N N ~t b9 M ~ ~ Qi 69 b9 ~ ~ 64 69 y 00 00 09 00 00 , y i i i v) V~ to i V ' y R 69 69 69 69 69 69 M 00 00 O N i 01 00 r O~ O ~ I I N 00 00 h M ~r o h 00 o M 0 o s~ rn QW0 G A Q 69 69 69 U ^o x kf) o l/l t o o; ce w x 06 O r3 h N Ln oo v7 C M N O O~ y a N kn O M 000 N C y N N 00 d 00 kn M M lll~ O M M M M ~ cl d M M ~O kn 00 M M M O C N N CA 69 69 69 69 69 69 69 69 us G O • kr) vl ul V'1 l/'1 V) V1 tI'1 O N N N N N N N N ~/j ~ M M M M M M M M M O el w~ N N N N N N N N ~ 69 69 69 69 69 FFi 69 69 y 69 U cc r, ce kl~ E u U cc co c0 co O 3 3 3 3 ~ a ao bn ° x x ~ x R c o 0 ca co M d U o o o O O N O O N O O G~ O O O y C) O O O C O_ ,C, O O O O M O "'a O 'B y .II _ U M T O T O T O O T O 3 O cC O cC O O O y O N , 0 O O bA Cl y 0 y O oL Q+ p a 25 bn 0°o a o°o a O O O V-) N a U 00 00[/) a,x d v~ o, c - ~x (=>¢o¢ Q w Z O O M O N N h O1 E 0000 ~ h~ 00 00 O O E. .r O O o0 O In O N O N O , U , O , 00 N O ccz - O O O O O O QI O> O O O O M O M M M 41 LEGEND -----7 STREET UPGRADE DWY ACCESS - MEADOWVIEW $ 23,342 / DWY STREET OVERLAY ASSESSMENT / ALEXANDER - $ 15.85 F.F. X CONCRETE ENTRANCE APRON / $ 69.35 /S.Y. / 010-26 STATE OF MINNESOTA / D1D-D4 ' I (~Q #3045/ 030-04 v i #3083 X 308 C.e`MEADOW V IEW • OAD • - ~ Q X - Z -ATED I+ 2 yo / ,\u I X XI /L ' ' IS^ye ~le 5 #3103 1 2; S1R\A~PP \140U # 1720 X X3105 I EAGPN i / ` #3107 ~NiT ',\p9T J E,7 STATjpy~RSgDD/T/p ` ~a8 \ \ ~ X Old Alignment) ~ I 1 N 144 1 ` ( New Alignment) T CO 0,0 #1710 :1~1- r # 3731 / _J N W E S / NO SCALE ;:Project and Contract Into\0928 Meedowview Alexander\Grophics\Assessments Alexander Rd. / Meadowview Rd. City of Eano Assessment Map 10/26/06 :ngineering Department Project 9ZH 2, Combined Assessment Roll Project Arunnber 1OP928 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-D0800-010-04 Section 8 3087 Sibley Memorial $29,466.36 $8,738.00 ($20,728.36) 10-00800-030-04 Section 8 3083 Sibley Memorial $23,342.75 $31,263.00 $7,920.25 10-00900-010-26 Section 9 3045 Hwy 13 $59,133.83 $52,668.00 ($6,465.83) 10-22480-010-01 Eagan-13 Industrial $65,747.43 $45,769.00 ($19,978.43) 10-22480-020-01 Eagan-13 Industrial $76,917.66 $36,828.00 ($40,089.66) 10-39900-010-02 R L Johnson 1st $32,167.59 $26,445.00 ($5,722.59) 10-48100-050-00 Meadow View 3105 Sibley Memorial $23,723.15 $12,783.00 ($10,940.15) 10-68050-010-01 Sibley Terminal Indu 1710 Alexander Rd $19,068.85 $12,330.00 ($6,738.85) 10-78500-010-01 Tyler Jay Addition 1725 Meadow View R $27,850.50 $25,741.00 ($2,109.50) 10-80220-010-01 United Stationers Ad 1720 Alexander Rd $21,595.46 $23,092.00 $1,496.54 Summary for 'SA_Nbr' = 10P928 (10 detail records) Sum $37.9,013.58 $275,657.00 ($103,356.58) Friday, December 01, 2006 Page I of I PUBLIC WORKS COMMITTEE MTG TUESDAY FEBRUARY 6, 2007 Location: EAGAN CITY HALL CONFERENCE ROOMS 1 A/B MEETING NOTES The Public Works Committee of the City Council consisting of Councilmembers Cyndee Fields and Paul Bakken convened the meeting at 4:30 pm. Also in attendance were City Administrator Tom Hedges, Public Works Director Tom Colbert, Director of Administrative Services Gene VanOverbeke, City Engineer Russ Matthys, Assistant City Engineer John Gorder and property owner Mike Leitner (Parcel 10-00800-010-04) join at 4:55pm. Councilmembers Fields and Bakken called the meeting to order and adopted the agenda as presented. PROJECT 928, FINAL ASSESSMENT ROLL (MEADOWVIEW & ALEXANDER) Director Colbert provided background information on the project, the proposed Final Assessment Roll (FAR), the comments/objections raised by the 3 property owners who spoke at the public hearing held on Dec. 4, 2006 and the Council's direction to the Public Works Committee for further review. He went on to explain that there were 2 basic policy questions to be addressed in addition to the increase in costs and notification process. Policy Issues 1. Methodology of assessment allocation The City's Special Assessment Policy provides for a variety of methods to allocate assessable costs to benefiting property owners (i.e. front foot, parcel size/area, per lot, etc). The original Feasibility Report's Preliminary Assessment Roll and the proposed Final Assessment Roll (FAR) were based on a front foot method, with some artificial footage assigned to various lots in an effort to achieve some equity between parcels. After complaints were received from a property owner about excessive assessable footage vs. actual frontage, consultation was sought from the City Attorney's office. It was determined to be more equitable (and defensible if challenged through possible appeals) to allocate the assessment on a "driveway connection" equivalent. Subsequently, a new FAR was prepared, sent to affected property owners and presented at the Dec. 4 public hearing. Public Works Committee Recommendation. After reviewing the various methodologies and the irregularity of the size and shapes of assessable properties, the Committee concurred with the revised "driveway connection" method. (Mr. Leitner also concurred with this recommendation.) 4 4 -7 2. Allocation of costs - Assessments vs. City Funds The current Special Assessment policy states that all costs associated with upgrading substandard local streets to current city standards should be assessed 100% to the benefiting property owners. Meadowview Rd was a gravel street upgraded to a bituminous surface (9 ton industrial capacity) with concrete curb & gutter, storm sewers and concrete entrance aprons. The first proposed FAR erroneously limited the assessments to an estimated predetermined rate as stated in the City's Fee Schedule. This resulted in a reduced special assessment (less than Policy) and the City financing -$56,525 more from the City's Major Street Fund to cover this shortfall. When the FAR was corrected for the assessment methodology, the assessment cost allocation was also corrected, resulting in an increase in the overall assessments to be allocated to the benefiting properties. Public Works Committee Recommendation. After reviewing the assessable costs and the City's Assessment Policy, the Committee concurred that this local street project had no larger community benefits than any other industrial street and should be assessed according to the Policy (i.e. 100% vs. Fee Schedule limits). Mr. Leitner still expressed his dissatisfaction with the increase and proposed final assessment. Cost increase and Notification process Director Colbert explained how the cost of the project increased significantly from the estimate contained in the pre-design feasibility report due to under estimating the quantities required for excavation, grading and subgrade correction necessary to upgrade a rural road to an urban industrial street. Mr. Leitner explained the hardship of budgeting for an anticipated lesser cost and then having to finance an assessment that was more than twice the original estimate. In was noted that the assessment is already proposed to be spread over the maximum 15 years to help with annual payments. It was also noted that, while extremely rare and unusual, significant cost overruns can happen and mortgage companies routinely escrow 2 -2'/2 times a pending assessment with a sale of property. Public Works Committee Recommendation. After reviewing the project's design, cost estimating and notification process, the Committee recommended that the City provide stronger emphasis and clearer notification that the Feasibility Report estimate is subject to change based on final design and bid prices and that pending assessments should be updated with property notification if significant increases occur during the design and/or bidding process. The meeting adjourned at 5:25pm. Notes prepared by Tom Colbert. Agenda Information Memo February 20, 2007 Eagan City Council VI. OLD BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER ENTERPRISES, INC. ACTION TO BE CONSIDERED: To continue this request to the August 7, 2007, City Council meeting for consideration of a Comprehensive Guide Plan Amendment to change the land use designation from Special Area - Office/Service, to Special Area - Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE 1/4 of Section 9. REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: ➢ The applicant is proposing a retail commercial shopping center on approximately 24 acres north of Yankee Doodle Road and west of Central Parkway. The property has been guided Office/Service and the applicant proposes an amendment to the Retail Commercial land use designation. ➢ This proposal first came before the Council in May 2005. At that time, the Council expressed a desire for more detailed plans and information regarding the conceptual development, including identification of anchor tenants. ➢ Updates and continuances have occurred in six to eight-month increments since then to allow time for the applicant to prepare more detailed development plans and secure anchor tenants as requested by the Council. ➢ The applicant has submitted a letter updating the Council on progress with regard to the development and current anticipated timelines for submittal of the Preliminary Subdivision and Preliminary Planned Development applications. ➢ Paster Enterprises states they are "finalizing negotiations with potential anchor retail tenants," but "are unable to finalize our submittal until such negotiations are concluded." ➢ Paster Enterprises expects to submit the corresponding applications by May 2007 and be back in front of the Council with the subdivision and Planned Development applications by July 2007. ➢ Continuing this request to the August 7, 2007, City Council meeting date would accommodate this anticipated timeline. ATTACHMENTS (3)• Location Map, page L 1-7 Correspondence from Paster Enterprises dated June 14, 2006, pages through C r1% IOU City Council meeting minutes from May 15, 2005, page L4 (te:7 Eagan Boundary Location Map Street Centerline Parcel Area Building Footprint r4 12Z=5111 d d s c EE ~I ® ® - or-, aim aM3 r. 0 E U ® ® l a Subject 6 o a t,l r % ow I 4 p b Y~ 0 mmmmmm / i - ~ i ou OUMT`11OAPK0. 2e YIWKEE OOOOLE eOAD ? EP O a %g EPA ~ gy~yp[ p~~ r. • ~h °m -M Z: - of w ©d dtiv. ~ ~ no o ° oc~"qo o, o a..Q no° c u °°voa ac 6 a e en 0 o C7 e~ J 7© q O t 0' a r 131 1000 0 1000 2000 Feel Development/Developer: XXXX Yankee Doodle Road Application: Comprehensive Guide Plan Amendment Case No.: 09-CG-02-03-05 Map Prepared using ERSI ArcVtew 3.1. Parcel base map data provided 1i N a~ `-'~-by Dakota County Office of GIS and is current as of January 2005" } THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E city of eag~n The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are s Community Development Department not responsible for errors or omissions. - LLC DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS C ci C26~~ 6 4~-k54-~ - 2227 University Avenue • Saint Paul, MN 55114-1677 • 651-646-7901 Fax 651-646-1389 www.pasterenterprises.com CENTRAL PLAZA February 1, 2007 45th & Central Ave. N.E. Minneapolis, Minnesota Ms. Pamela Dudziak City of Eagan CRYSTAL SHOPPING CENTER 3830 Pilot Knob Road Bass Lake Road & West Broadway Eagan, MN 55112-1897 Crystal, Minnesota RE: Perron Property CRYSTAL TOWN CENTER Eagan, MN Bass Lake Road & West Broadway Crystal, Minnesota Dear Ms. Dudziak, At our scheduled appearance at the February 20, 2007 City DODDWAY SHOPPING CENTER Council Meeting, we would like to provide an update on our Smith & Dodd Road West Saint Paul, Minnesota proposed Retail ;development and the continuance that was granted relating to our Comprehensive Land Use Guide Plan Amendment. As mentioned in earlier correspondence, we 160th & Cedar LAKEVILAvenue CROSSING have either completed or proceeded as far as possible with Lakeville, Minnesota the items required for in the Preliminary Planned Development application. In order for us to complete the remaining requirements and submit, we need to have the LEXINGTON PLAZA SHOPPES exact sizes and. locations for the proposed retail building Lexington & Larpenteur locations defined. Currently, we are finalizing negotiations Roseville, Minnesota with potential anchor retail tenants. However, we are unable to finalize our submittal until such negotiations are concluded. MENDOTA PLAZA State Highway 110 & Dodd Road At this time, we would like to request that the application for Mendota Heights, Minnesota the Comprehensive Land Use Guide Plan Amendment previously submitted be continued until August 15, 2007. We anticipate appearing before the City Council to discuss the MOUNDSVIEW SQUARE application for the Preliminary Planned Development in June, Highway 10 & Long Lake Road 2007 or earlier. We hope to submit the application for the Mounds View, Minnesota Preliminary Planned Development by May, 2007 which would result in an appearance before the City Council at the above NORTHWAY SHOPPING CENTER mentioned date. Our hope is that we would be able to start State Highway 23 & Woodland construction in the Spring of 2008. Lexington /Circle Pines, Minnesota ` We are working diligently on this development, but have been delayed due to working through several retailer's timelines SIBLEY PLAZA that are longer than ours. West 7th Street & Davern Saint Paul, Minnesota SOUTHVIEW SHOPPING CENTER 2007 Southview Boulevard & 13th Ave. S. South Saint Paul, Minnesota We believe this is still a strong retail site and we want to ensure that we come forward with the most appealing lineup of retailers. We look forward to appearing before the City Council in June, 2007, and continuing to work with you on the successful development of this project. Sincerely, Paster Enterprises, LLC Howard Paster President CC: E. Paster K. Henk 0 5 Z00T Eagan City Council Meeting Minutes May 17, 2005 Page 3 PARK AND TRAIL DEDICATION RECONSIDERATION - EAGAN DENTAL ASSOCIATES City Administrator Hedges introduced this item regarding a request for a refund of $5,275 for park and trail dedication for Eagan Dental Associates. City Planner Ridley gave a staff report. It was noted that the APrC considered the matter at their May 16, 2005 meeting and recommended a partial rebate in return for a conservation easement over the unused property. After discussion with the applicant it was the consensus of the Council that a refund for the park and trail dedication was not warranted. Councilmember Maguire moved, Councilmember Fields seconded a motion to deny a refund of $5,275.00 for park and trail dedication for Lot 1, Block 2, Lexington 2°d Addition (Eagan Dental Associates) Aye: 4 Nay: 0 (Tilley abstained) FINAL PLAT (HALLEY'S 2ND ADDITION) MANLEY LAND DEVELOPMENT This item was continued to July 19th during the adoption of the agenda. NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER ENTERPRISES, INC. City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the land use designation from Special Area - Office/Service, to Special Area - Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway. City Planner Ridley gave a staff report. Howard Paster, Paster Enterprises, discussed the history of Paster Enterprises and the proposed retail development. Ken Hempkist discussed the landscape design of the proposed site plan. Jack Andahl discussed the architectural design and Vern Swing discussed traffic issues. A representative of the Gramercy Co-Operative spoke in favor of the proposed Comprehensive Plan Amendment, stating the retail development would be an asset to the area. Members of the Perron family, owners of the subject property, and their attorney, requested the Council approve the amendment, stating there has been no interested buyers for the land with the current zoning designation. One resident of the Gramercy Co-Op and a letter received on May 17, 2005 opposed the proposed retail plans. Councilmembers, staff and the City Attorney held a discussion which included an upcoming community survey, the need for additional retail businesses in the City, and the inclusion of adjacent property in the proposed plan. Councilmembers also spoke about the need to identify anchor tenants and a way to ensure the end product would be as unique and exciting as the applicant portrayed when he explained the different types of features including architecture, pedestrian connections, tenant mix, abundance of landscaping, etc. It was suggested by the City Attorney that the applicant request this item be continued and bring additional information back before the Council for further review. Mr. Paster requested that consideration of their application for a Comprehensive Guide Plan amendment be continued until the June 21st meeting at which time an update on the proposed retail project will be provided. INTERIM ORDINANCE TO CREATE A MORATORIUM FOR THE AREA IN SOUTHEAST EAGAN BOUNDED BY RED PINE LANE, GUN CLUB ROAD, STATE HIGHWAY 3 AND THE RED PINE SCHOOL PROPERTY This item was removed from the agenda at the time the agenda was adopted. "bu Agenda Information Memo March 20, 2007 Special City Council Meeting B. 2007-2008 CITY OF EAGAN GOALS ACTIONS TO BE CONSIDERED: To approve the 2007-2008 City of Eagan Goals. FACTS: ➢ The City Council held their bi-annual Goals Retreat on January 30-31, 2007, at which time draft goals were prepared. ➢ The City Council reviewed the draft goals at their February 13, 2007 Council workshop and provided direction to staff on modifications to be made to the goals. ➢ The enclosed goals reflect the Council's discussion from the February 13 workshop. ➢ As was noted at the February 13 workshop, upon formal ratification of the goals at the February 20 Council meeting, the City Administrator, with the input of the department directors, will prepare a more thorough work program for presentation to the Council that will highlight action steps and timelines associated with each goal. ATTACHMENTS: ➢ Enclosed on page 52 are the proposed 2007-2008 City of Eagan Goals. PROPOSED 2007-2008 CITY OF EAGAN GOALS • Preserve and expand Eagan's tax base and economic vitality by encouraging maintenance and investment in our residential and commercial neighborhoods, pursuing measure to mitigate airport noise, and supporting the retention, expansion and attraction of quality businesses. • Continue to pursue the conservation of green and open spaces in the community by further developing the Eagan Core Greenway and by working towards the creation of an open space preservation fund. • Offer world class internet speeds, connectivity, and access to all Eagan residents and businesses by developing a master plan, including finance options and policies, for the installation of high speed fiber optic broadband. • Meet the transportation and transit needs of the community by securing funding sources to maintain and expand the City's transportation infrastructure, while also pursuing traffic calming measures in the City. • Preserve the City's natural resources through the creation of an energy and consumer resources plan and the implementation of a water conservation program. • Enhance the quality of life for Eagan residents by facilitating community activities that promote civic engagement, volunteerism, and cultural opportunities. • Continue to promote the revitalization of the City's redevelopment areas in Cedar Grove and Northeast Eagan. City of Eau([ ,52- Agenda Information Memo February 20, 2007 Eagan City Council Meeting NEW BUSINESS A. REZONING - CITY OF EAGAN ACTION TO BE CONSIDERED: To recommend approval (or direct Findings for denial) of a Rezoning of 2.3 acres from Transitional to R-3 Residential Townhouse for Lot 9, Block 1, Letendre Addition No. 3, located at 3206 Sibley Memorial Highway (Highway 13) in the SW 1/4 of Section 9. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ On December 19, 2006, the City Council directed staff to initiate a rezoning of the subject site. ➢ The subject site was guided Medium Density residential (MD) with the 2000 Comprehensive Plan Update. In order to allow the use on the property at that time to remain as a conforming use and to achieve the required consistency between the Comprehensive Plan and the Zoning Map, the City subsequently rezoned the property to Transitional (T). ➢ The proposed rezoning appears consistent with existing and anticipated land uses in the area and the Comprehensive Plan designation of Medium Density. Future redevelopment will proceed through the subdivision and/or building permit process and will have to be consistent with the performance standards of the R-3 Zoning District and noise attenuation requirements. ➢ There is no development proposed at this time and the use of the property for a blacktopping operation/equipment storage, provided it is consistent with the current Conditional Use Permit(s), can continue indefinitely. ➢ The Advisory Planning Commission held a Public Hearing on January 23, 2007 and is recommending approval of the rezoning. ATTACHMENTS: (3) t f Draft APC Minutes on age 5'1 Staff report on pages through 5 Current Zoning & Comp Guide Maps on page ~a- L00 53 Advisory Planning Commission Meeting January 23, 2007 Page 8 of 9 E. City of Eagan Rezoning Applicant Name: City of Eagan Location: 3206 Sibley Memorial Hwy; Lot 9, Block 1, Letendre Addition No. 3 Application: Rezoning A Rezoning of Approximately 2.3 acres from T (Transitional) to R-2 (Residential Townhouse). File Number: 09-RZ-08-12-06 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated January 16, 2007. He noted the background and history. Chair Hansen opened the public hearing. Jeff Potter, resident inquired about the access to the property. It was indicated that the issue of easement and access would be addressed in the private easement recorded against the properties. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Chavez moved, Member Keeley seconded a motion to recommend approval of a Rezoning of 2.3 acres from Transitional to R-3 Residential Townhouse for Lot 9, Block 1, Letendre Addition No. 3, located on the east side of Sibley Memorial Highway (Highway 13) just north of Letendre Street in the SW % of Section 9. A vote was taken. All voted in favor. Motion carried: 7-0. 8 5q PLANNING REPORT CITY OF EAGAN REPORT DATE: January 16, 2007 CASE: 09-RZ-08-12-06 APPLICANT: City of Eagan HEARING DATE: January 23, 2007 PROPERTY OWNER: Heritage Investments, Inc PREPARED BY: Michael J. Ridley REQUEST: Rezoning LOCATION: Lot 9, Block 1, Letendre Addition No. 3 COMPREHENSIVE PLAN: Medium Density (MD) ZONING: Transitional (T) SUMMARY OF REQUEST The City of Eagan is requesting approval of a Rezoning from Transitional to R-3, Residential Townhouse for a 2.3 acre parcel (Lot 9, Block 1, Letendre Addition No. 3) located on the east side of Sibley Memorial Highway (Highway 13) just north of Letendre Street in the SW 1/4 of Section 9. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY The Dakota County Assessor's records indicate that the principal building on the subject site was constructed in 1935 and functioned for many years as a country store. In 1966, the Eagan Town Board approved a CUP for a gasoline service station. Country Standard operated for the next 16 years before being sold and operated as Country Rod & Worm until it closed in 1989. The site sat idle until John and Penny Johnson purchased the property in 1994 and began operating 55 Planning Report - 3206 Sibley Memorial Highway Rezoning January 23, 2007 Page 2 Richfield Sod & Blacktop. Between 1989 and 1994 the building became quite dilapidated and the City received numerous complaints mainly associated with loitering and illegal dumping of furniture, appliances and other assorted refuse. The subject site was guided Medium Density residential (MD) with the 2000 Comprehensive Plan Update; however, in order to allow the use on the property at that time (Richfield Blacktop) to remain as a conforming use and to maintain the required consistency between the Comprehensive Plan and the Zoning Map, the City subsequently rezoned the property to Transitional (T). While the site has some existing active Conditional Use Permits for outdoor storage of blacktopping vehicles and equipment, the current owner of the property has recently closed the business and put the property on the market for sale; however, the site is currently being leased to another blacktop company. The City Attorney advised staff that due to Richfield Blacktop ending its operation on the site, the City should now rezone the property to R-3, Residential Townhouse in keeping with the ultimate use determined with the last Comprehensive Plan Update. At their regular meeting of December 19, 2006, the City Council directed staff to initiate the rezoning process. EXISTING CONDITIONS The site contains a principal building constructed out of concrete block and three out-buildings that were single-stall garages brought to the site. The site also contains some significant topography and some vegetation primarily along the eastern and southeastern portions of the site. Access to the site is provided directly to Highway 13 on the north end of the site and a second access is provided, via a frontage road, to Letendre Street to the south. EVALUATION OF REQUEST Compatibility with Surrounding Area - The site is surrounded by property zoned and/or developed with R-1, R-3 and R-4 residential uses; as such, the rezoning to R-3 appears compatible with surrounding uses in the general vicinity. There is no development proposal at this time and the use of the property for a blacktopping operation/equipment storage, provided it is consistent with the current Conditional Use Permit(s), can continue indefinitely. Comprehensive Guide Plan - As mentioned previously, the Guide Plan designation for this site was changed from General Business to Medium Density with the 2000 Update. Airport Noise Considerations - The City of Eagan considers airport noise as a factor in its Comprehensive Land Use Guide Plan. Aviation is considered a regional system and is included in 56a Planning Report - 3206 Sibley Memorial Highway Rezoning January 23, 2007 Page 3 the Metropolitan Council's 2030 regional Transportation Policy Plan. As part of this plan, the 1996 Aviation Policy Plan remains in effect and will continue to anticipate the impacts from the operations of the MSP International airport at its current location. As an appendix to its 2030 Transportation Policy Plan, the Metropolitan Council has adopted new land use compatibility guidelines which incorporate the FAR Part 150 2007 noise contours and noise exposure map for MSP International Airport. A refinement of these guidelines may be found in the March 2006 Metropolitan Council's Builder's Guide, including additional land use compatibility and noise attenuation within the applied Noise Buffer Zone. The subject site intersects the applied Noise Buffer Zone. Future single entry residential would be considered "Provisional" within this zone, meaning that, if allowed, it must meet certain structural performance standards to be acceptable according to MS 473.192 (Metropolitan Area Aircraft Noise Attenuation Act). In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 45 dBA (Land Use Compatibility Guidelines, Table 4-Structural Performance Standards) as compared with a noise level of 59 DNL (based on the inside boundary of the noise zone). This would require an outdoor to indoor noise level reduction of at least 19 dBA (DNL level minus required dBA level). SUMMARY/CONCLUSION The proposed rezoning is consistent with existing and anticipated land uses and the Comprehensive Plan designation of Medium Density. Future redevelopment will proceed through the building permit process and will have to be consistent with the performance standards of the R-3 Zoning District and noise attenuation requirements. ACTION TO BE CONSIDERED To recommend approval or denial of a Rezoning of 2.3 acres from Transitional to R-3 Residential Townhouse for Lot 9, Block 1, Letendre Addition No. 3, located on the east side of Sibley Memorial Highway (Highway 13) just north of Letendre Street in the SW '/4 of Section 9. 5'~ Eagan Boundary Location Ma Right-of-way Parcel Area Park Area - Building Footprint i 40 s ~ ♦ to z l ~ . 4 I t l w A i ■ ■ 3 ♦ ! 1 ■ 1 . D V~ ~ fe 41 Sub-ect Site e. 1 r till 3 9 oil ® ~ ~ Ifs~■r ®®e Y . e d'. A ® y~° ■ ~ 1 1 O= O ~ 1 9 r j K.4 0 NNW * ° ■~Illii i~ 1 C M ' ~sW1 ILP tF, T Ll ° -t « 181 III 1000 0 1000 2000 Feet Development/Developer. 3206 Sibley Memorial Hwy Application: Rezoning Case No.: 09-RZ-08-12-06 Map Prepared using ERSI Arc GI3.1. Parcel base map data provided N png q by Dakota County Office of f GS and is current as of April 2005. •(/V+~] City of Eayn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. V1 L 4x' i~ rr " y is ti-.. V F 1 afyL - a a^ `4~ ~ i r XA~ S. ki, ` 7' ~1 1. , ♦ t, A., S ~ j / of F max. tsa £ f y~ }CEO ~ a;ihY £R - ;mot Current Zoning and Comprehensive Guide Plan City of Eagan Rezoning Land Use Map 3206 Sibley Memorial Hwy Zoning Map R' 11 E ® R 3 1-1 ® Location R-4 Current Zoning: c~ a T i ® ® T Transitional ra3 PF ® ®M R-4 R-3 1-i o=;f R-i R-1 i P i MM ~v e R-q m goo 0 600 1200 Feet - Comprehensive Guide Plant ~I Land Use Map ° LD p IN MD P IND Location HD QP HD Current Land Use Designation: IND MD IND MD ~ MD ~AD® Medium Density (412 units/acre) LD HD IND MD LD 3 ov y P IND w mm \ e B HD 000 0 000 +zoo F..e ~ OI Parcel been map information provided by Dakota County Land Survey Department Dacmber 2005. / N Zoning information maintained by City staff. City of EaQall W* E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER FEBRUARY 20, 2006 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Approve Predevelopment Agreement with Atlas of Minnesota regarding Potential Redevelopment of Property on the South Side of Hwy 55 and Authorize Appraisals of Third Party Properties E. NEW BUSINESS F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION - The EDA will be asked to hold an executive session to discuss the relocation claim of the Vale School, previously located in the Cedar Grove Redevelopment District. The EDA will go to closed session and will not adjourn this meeting until the closed session is completed. Agenda Information Memo Eagan Economic Development Authority Meeting February 20, 2007 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 February 6, 2007 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the February 6, 2007 EDA meeting on pages (o3-l~ (p2 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota February 6, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, February 6, 2007 at the Eagan Municipal Center. Present were President Maguire, 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 Tilley moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Bakken seconded a motion to adopt a resolution approving the minutes of the January 16, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT PURCHASE AGREEMENT AND RELATED DOCUMENTS FOR ACQUISITION OF THE STEVE MARTIN PROPERTY AT 3990 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed the proposed acquisition of the property at 3990 Sibley Memorial Highway. Commissioner Fields moved, Commissioner Tilley seconded a motion to approve a Purchase Agreement and Related Documents for Acquisition of the Steve Martin Property at 3990 Sibley Memorial Highway for redevelopment purposes. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZATION TO PREPARE UPDATED MARKET STUDY FOR CORE AREA REDEVELOPMENT Community Development Director Hohenstein discussed the need for an updated market study for the Cedar Grove Core Area Redevelopment. ~3 Commissioner Carlson moved, Commissioner Tilley seconded a motion to authorize preparation of an updated market study for Cedar Grove Core Area Redevelopment. Aye: 5 Nay: 0 NEW BUSINESS There was no new business. OTHER BUSINESS There was no other business. The EDA recessed into Executive Session to discuss possible acquisition of the Kelly Plourde property at 3935 Cedarview Drive. ADJOURNMENT Commissioner Baken moved, Commissioner Tilley seconded a motion to adjourn the meeting at 8:45 p.m. Date Thomas Hedges, Executive Director (aq Agenda Memo Eagan Economic Development Authority Meeting Old Business February 20, 2007 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT PREDEVELOPMENT AGREEMENT FOR DART/ATLAS REDEVELOPMENT CONCEPT PLAN ACTION TO BE CONSIDERED: To approve a Predevelopment Agreement with Atlas of Minnesota regarding the potential redevelopment of property in the Northeast Eagan Redevelopment District on the south side of Hwy 55 and authorize appraisals of third party properties within the concept plan boundaries. FACTS: • At its workshop meeting of January 9, 2007, the EDA and City Council received a presentation regarding the Atlas of Minnesota concept plan for the redevelopment of property on the south side of Hwy 55 in the Northeast Eagan Redevelopment District. • At its meeting of January 16, 2007, the EDA and Council authorized the negotiation of a Predevelopment Agreement with Atlas to define the terms and conditions of the City's further consideration of the potential project. • In particular, the following terms were directed to be addressed in the Agreement: • That a retail project will only be considered if it encompasses the Pro-Stop, McKee/Cheney, Pepsi/Contract Beverages and Budget Host Motel properties, in order for there to be a significant retail presence in addition to the proposed big-box retail anchor. • That the developer provides information relative to its market analysis to support its conclusions regarding the viability and sustainability of a retail development at this location. Further that a consultant hired by the City reviews and verifies that analysis and provides an independent opinion in its regard. • That the developer provides analysis of the differential traffic impacts of the proposed development concept and an industrial development of a comparable scale on the property. • That the analysis of the project pro forma is able to confirm the reasonableness of the financial assumptions, the potential for a financing gap that would justify a but-for finding for public financing assistance and the TIF revenue capacity of the proposed development. (05 Agenda Memo Page 2 Eagan Economic Development Authority Meeting Old Business Item 1 February 20, 2007 • That Atlas as the owner-developer commits owner equity in the property as a source of funding in the project pro forma. • That the finish materials used in the proposed project meet or exceed the City's materials standards and that its architectural treatments complement those in the business park developments in the remainder of the TIF district. • That the use of eminent domain for site assembly be considered as a last resort. • It was acknowledged at the workshop and regular meeting that if the retail project is found not to be feasible, financially or otherwise, the City would work with the developer to identify a redevelopment plan that would conform to the current Industrial Comprehensive Guide and Zoning designations or the Business Park Guide and Zoning classification to encourage uses more consistent with those on the north side of Hwy 55. • The agreement has been prepared by the City Attorney's office and executed by Atlas. It is in order for EDA and Council consideration at this time. ATTACHMENTS: • Resolutions on pages ( L through SOS • Redevelopment District map on page • Property owner map on page D • Redevelopment Concept Site Plan on page • Predevelopment Agreement on pages 1-2-- through _TL CITY OF EAGAN RESOLUTION APPROVING A PREDEVELOPMENT AGREEMENT WITH ATLAS OF MINNESOTA REGARDING POTENTIAL REDEVELOPMENT IN THE NORTHEAST EAGAN TIF DISTRICT BE IT RESOLVED by the Eagan City Council to approve a Predevelopment Agreement with Atlas of Minnesota regarding the potential redevelopment of property in the Northeast Eagan Redevelopment District on the south side of Hwy 55 and authorize appraisals of third party properties within the concept plan boundaries. 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 20`h day of February, 2007. Maria Petersen, City Clerk (~7 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING A PREDEVELOPMENT AGREEMENT WITH ATLAS OF MINNESOTA REGARDING POTENTIAL REDEVELOPMENT IN THE NORTHEAST EAGAN TIF DISTRICT BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a Predevelopment Agreement with Atlas of Minnesota regarding the potential redevelopment of property in the Northeast Eagan Redevelopment District on the south side of Hwy 55 and authorize appraisals of third party properties within the concept plan boundaries. 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 20'' day of February, 2007. Jon Hohenstein, Secretary/Deputy Executive Director 4V 8 V N O y 41 CL O EN m N Q ~ w a) r Z d r i+ o > N ~ c a ~ Q 41 lL LL d v Ci 'Q i+ 'O F '9 m o `m m It 0 a N_ m 3 a v « F Q a_ o R J y F d L rr r O Z g ri 'JH 1'49 I ~7 I I Ijl ICI I I I 11 ! 13 f I II 'li 1` i ~ l i it t E V- -9F 4 I 'I H.I +i ~jl I I ~ "I - i j" _ ~ ~ g I i i'ce' I ■ -g \y / . 1, f LL mss. ' ~ +F P~ i Z91 Mv--Tv -e i 5'/ O :.ter-', a> J ;r r~ 4: 1 ry • i~ i red d ~ ~ ~ rr~r" i i• ~ ~.N ff. Ile Ap R k E j nz Q. a r H93 Im MI. CL r . Ert o any,uOol6wza~= _ LCD LO 7Q kkk~~~ y 'y tA s~F~ Ib i ;J/ ~ ~ Z l z y , \ C _ o 7V i St j ,5 1~ : f e, y y \ / 5 O b FJ / ~k, ~ jJ>{ III f iEl till c I5~ J ~ PRELIMINARY REDEVELOPMENT AGREEMENT THIS PRELIMINARY REDEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of the day of , 2005, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation, and the CITY OF EAGAN, a Minnesota municipal corporation (collectively referred to as the "City"), and ATLAS 55, LLC, a Minnesota limited liability company, (referred to as the "Redeveloper"). The City and Redeveloper shall hereinafter be referred to as the "Parties." WHEREAS, Redeveloper owns (or has an interest in) a portion of the property located in the Northeast Eagan area bounded by Highway 55, Lexington and Highway 149 (the "Redevelopment Property") as generally depicted on Exhibit "A;" and WHEREAS, Redeveloper has approached the City to determine whether it is beneficial to have commercial uses upon the Redevelopment Property; and WHEREAS, the City is willing to consider such uses under the terms outlined in the excerpt from the January 16, 2007 EDA minutes attached hereto as Exhibit "B", provided that the Redeveloper submits an escrow deposit to cover all costs to review the proposal. NOW, THEREFORE, in consideration of their mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: BASIC TERMS AND CONDITIONS The following is a list of the teens and conditions under which the City will analyze Redeveloper request to have commercial uses upon the Redevelopment Property, including the responsibility and roles of the respective participants regarding the proposed redevelopment of the Redevelopment Property. 1 . REDEVELOPMENT PROPERTY. The properties proposed to be redeveloped are the properties depicted in Exhibit "A" and more fully described in the legal descriptions attached hereto as Exhibit "C" ("the Site"). The exact dimensions and square footage of the Site shall be determined by survey. The Parties agree that the Site may be changed to include other lands or exclude certain lands at the mutual agreement of the Parties. 2. UNDERTAKING AND EXCLUSIVE RIGHTS. In consideration of the time, effort and expenses to be incurred by the City in pursuing the undertakings set forth herein and in further consideration of the amount of $20,000.00 paid by Redeveloper to the City (the "Escrow Deposit), the receipt of which is hereby acknowledged, the City hereby agrees that for the tern of this Agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development within the Site; and (ii) condemn or 72 agree to proceed with the condemnation of any property within the Site to assist or facilitate development within such area by a third party. During such period the Redeveloper shall have the exclusive right to make a specific proposal and negotiate the terms of a Development Agreement for the Redevelopment Property. Said exclusive rights shall continue, unless earlier terminated as provided herein, for a period of twelve (12) months from the date hereof, or until such later date as the Parties may mutually agree. Such determination shall be made at the sole discretion of the City and shall not be subject to challenge by the Redeveloper. The City has no obligation hereunder to enter into any Redevelopment Agreement in any form and the Redeveloper acknowledges that the City has not made any commitments in that regard. 3. THE PROJECT. The Project will consist of the redevelopment of the Site and is proposed to include commercial retail uses. Building use and design may be limited in order to accommodate traffic impact within the Site. Building design will be consistent with design standards adopted by the City as may be modified from time to time. The Project will also be subject to ordinary land use and development application review processes, as noted in Section 7. below, and approval of the Preliminary Redevelopment Agreement does not presume the outcome of such reviews. Approval of the Preliminary Redevelopment Agreement does not constitute receipt of an application under Minnesota Statutes. 4. ANALYSIS FOR PUBLIC ASSISTANCE. Although the City is not presently making any commitment whatsoever to provide a specific type, level or amount of public assistance that may be available for the Site, upon submission of the Deposit referred to in paragraph 2 above, the City will work with the Redeveloper to determine if public assistance is available for the Project. The City intends to retain the services of Faegre & Benson LLP, Ehlers & Associates, Inc. and Severson, Sheldon, Dougherty & Molenda, P.A. (collectively referred to as the "Consultants") upon the execution of this Agreement. Consultants are being retained to assist with legal matters pertaining to the Project. Ehlers & Associates, Inc. is being retained to assist the City in the technical matters such as project management, financial feasibility, certification and sizing, tax increment calculations, "but-for" analysis, and other factors pertaining to any claim for economic assistance. The City will reimburse itself from the Escrow Deposit for all costs and expenses incurred by the City in connection with all costs incurred by the Consultants. 5. Examples of public assistance that may be available in connection with the redevelopment include the following: a. Site Assembly. The City will consider acquisition of portions of the Site based upon terms and conditions acceptable to the City which terns and conditions will be contained in the Development Agreement. Acquisition may be through negotiated purchase, or condemnation or a combination. Acquisition by the City shall be considered only after the Redeveloper has 73 demonstrated good faith efforts to purchase the property, and these efforts have been unsuccessful and only after the Redeveloper has provided a financial guaranty to the City for any and all costs associated with the acquisition. b. Tax Increment Financing. Without in any way binding the City to any particular type, form or amount of TIF subsidy, the City will consider in good faith using a tax increment financing to support the Project; and agrees to give due consideration to any such request. C. Grants. The City will, upon request of the Redeveloper, consider in good faith applying for any and all available grants, including, but not limited to, DTED environmental remediation grants, and any other grants as may be available to pursue the redevelopment of the Site. 6. TERMINATION. This Agreement may be terminated prior to its expiration by the City as to all or a portion of the Redevelopment Property upon the glving of written notice to the Redeveloper that the Redeveloper is not diligently pursuing the redevelopment of the portions of the Redevelopment Property. The Redeveloper shall have a reasonable time, but in no event less than 30 days to affect a cure of such default, or to demonstrate that it is diligently pursuing such cure. The City may also terminate this agreement for the failure of the Redeveloper to make any payment due in accordance with Paragraph 4 above. 7. LEGISLATIVE JUDGMENT. The Redeveloper understands that many of the actions which may be necessary for the Project and may be contemplated by a Redevelopment Agreement involves matters of the discretion by the City Council of the City, and in some instances, its legislative judgment. Such actions may only be made following established procedures, and the City cannot and does not agree, in advance, to any specific decision in such matters. 8. NOTICES. All communications shall be directed to the Redeveloper at: Atlas 55, LLC C/O Jack Hoeschler or Dan Oren 800 Lone Oak Road Eagan, MN 55121 Fax 651-688-6161 All communications shall be directed to the City at: Eagan Economic Development Authority Attn: Thomas L. Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 55122-1810 -3- And City of Eagan City Hall Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122-1810 IN TESTIMONY WHEREOF, the Parties hereto have set their hands as of the date and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Maria Petersen Its: Clerk ATLAS 55, LLC, a Minnesota limited liability company -4- -15 1 ~C----' By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2004, by Mike Maguire and Thomas L. Hedges, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 92004, by Mike Maguire and Maria Petersen, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of !1 , 200ffi, by br cj , the i/ of Atlas 55, LLC, a Minnesota limited liability company, a Minnesota corporation, on behalf of the limited liability company. -5- o,;:,r. ,,;bias Charles Grawe R- Notary Public Minnesota , - , ; fission Erpi es ,January 3?, 2010 a} uUlic THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-4768) -6- 1 1 Agenda Information Memo Eagan Economic Development Authority Meeting February 20, 2007 F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION The EDA will be asked to hold an executive session to discuss the relocation claim of ISD #191 for the Vale School, previously located in the Cedarvale Mall. The EDA will go to closed session and will not adjourn this meeting until the closed session is completed. 78