03/06/2007 - City Council Regular
AGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
March 6, 2007
6:30 P.M.
1. ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess)
III. RECOGNITIONS & PRESENTATIONS
A. Recognition of Holtz Farm Volunteers
B. Recognition of Laura Osnes -Finalist in "Grease -You're the One That I Want" Competition
C. Update on Recent Snow Event / Street Department
p 3 IV. CONSENT AGENDA
P I} A. APPROVE MINUTES
q B. PERSONNEL ITEMS
j C. APPROVE CHECK REGISTERS
la D. APPROVE 2006 General Fund budget adjustments
E. APPROVE change in management on the on-sale liquor license at Joe Senser's of Eagan, Inc., dba Joe Senser's
Sports Bar & Grill, 3010 Eagandale Place
15 F. RATIFY Public Works Committee Recommendation regarding the City Code provisions for refuse and recycling
p)(p G. APPROVE Resolution Directing Fund Transfers from Sperry Tax Increment Fund
p e H. ACCEPTANCE of $700 labor donated by Eagan General Repair to refurbish the negotiator trailer
P @D I. APPROVE a change to the 2007 Industrial/Commercial park dedication language to simplify the calculation of fees
~JPJ. APPROVE the 2007 contract for the July 4`s fireworks and authorize the Mayor to sign all appropriate documents
(A K. RECEIVE Bids / Award Contract, Contract 06-05 (Blackhawk Road / Galaxie Avenue and Cliff Road - Intersection
Improvements)
P 31 L. APPROVE Final Payment and Authorize City Maintenance of Contract 05-08 (Lone Oak Drive and Lone Oak
Parkway - Trail Improvements)
P. M. RECEIVE Petition and Authorize Feasibility Report for Project 951 (Dodd Road / Dodd Parkside Lift Station)
P N. APPROVE Final Payment and Authorize City Maintenance of Contract 04-10 (North Water Treatment Plant -
Landscaping Improvements)
0. APPROVE Final Subdivision - Dewitt Addition located at 2804 Vilas Lane on Lot 1, Block 8, Country Home
Heights in the NW of Section 03
V. PUBLIC HEARINGS
QA. PROJECT 938, Final Assessment Hearing, Nicols Road - Sidewalk Improvements
eg5-13. EASEMENT VACATION - Vacate public drainage and utility easement, Terra Glenn 3`d Addition
VI. OLD BUSINESS
111 A. Yankee Doodle Road Corridor and Access Study (to be continued to March 20)
VII. NEW BUSINESS
T• y l A. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLAT - Terra Glenn Lofts - A Planned Development
Amendment to construct a single three story building containing 24 condominiums located on Lots 1 & 2, Block 1,
Terra Glenn 3`d Addition in the NW '/o of Section 16.
70 (PE B. REZONING - City of Eagan - A Rezoning of approximately 3.73 acres from Transitional (T) to Residential
Townhouse (R-3) located at 3401 Highway 55 on part of Lot 3, Auditor's Subdivision No. 38 in the NE of Section
12.
C. INTERIM USE PERMIT - Sowles Property - An Interim Use Permit to allow outdoor storage of construction
equipment, materials, trailers, and vehicles, and a 113' tower crane located at 3045 Highway 13 on Part of
Government Lot 2, Section 9, Township 27, Range 23 in the NW of Section 09.
~(Q D. PLANNED DEVELOPMENT AMENDMENT - Keller Williams - A Planned Development Amendment to approve
a uniform building signage plan located on Lot 1, 2, & 3, Block 1, Yankee Square Addition I the NE 1/4 of Section 16.
E. RESOLUTION Supporting Special Legislation for the Creation of a Tax Increment Financing District for an
115 Expansion at the Thomson Legal and Regulatory Property, 610 Opperman Drive.
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY
P•1~1 A. Call to Order
B. Adopt Agenda
C. Approve Minutes
Q 2~-P Old Business
1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Approve Predevelopment Agreement with Atlas
of Minnesota regarding Potential Redevelopment Concept.
E. New Business
F. Other Business
G. Adjourn
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.
Agenda Memo
March 6, 2007 City Council Meeting
III. RECOGNITIONS AND PRESENTATIONS
A. RECOGNITION of Holz Farm Friends of the Farm Volunteers
ACTION TO BE CONSIDERED:
Recognize Les Boeckman, Eldoris Ohm and Kevin Erickson for their volunteer hours at Holz
Farm.
FACTS:
• The volunteer efforts of the Friends of the Farm have been an extremely valuable
component to the success of preserving the 1940's farming heritage for the community.
• The Friends of the Farm organization provides volunteer hours and financial support that
allow for programs and restoration work at Holz Farm.
• Volunteers contributed a total of 968 hours of service to Holz Farm in 2006.
• Friends of the Farm volunteers are recognized both by the City Council after they've
reached specific volunteer hour milestones.
• Les Boeckman is being recognized for reaching the 500 hour milestone.
• Eldoris Ohm and Kevin Erickson are being recognized for reaching 250 hours of service.
• Spring is a busy time at the farm as the volunteers and City staff prepare the farm for the
Holz Farm Spring Festival on Sunday, May 20th and summer camps that will take place
in July. The Farm also hosts the Eagan Garden Club plant sale on Saturday, May 12th
• The entire community is invited to join the volunteer efforts at the farm by becoming a
member of the Friends of the Farm or by pitching in on Spring Clean-up Day held on
Saturday, May 5t-h from 9 a.m. until noon.
• Director Johnson will present certificates to these volunteers in honor of their dedication
to Holz Farm.
ATTACHMENTS:
• None.
1
Agenda Memo -
March 6, 2007 City Council Meeting
III. RECOGNITIONS AND PRESENTATIONS
C. Update on Recent Snow Event / Street Department
ACTION TO BE CONSIDERED:
To provide an update on the recent snow event and recognize the Street Department for their
efforts.
FACTS:
• The Mayor requested an update on the response to the recent snow event.
• A representative of the Street Department will be present at the meeting to give the
Council an update.
• The Street Department should be commended for their excellent work over the past week
and a half in responding to two significant snowfalls.
City of Eapn demo
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 2, 2007
SUBJECT: AGENDA INFORMATION FOR MARCH 6, 2007 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the March 6, 2007 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
March 6, 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 20, 2007 regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes of the February 20, 2007 regular City Council meeting are enclosed on pages
5 through .0
1
MINUTES OF A REGULAR MEETING OF THE ~Q ^
EAGAN CITY COUNCIL l1 r
Eagan, Minnesota
February 20, 2006
A listening session was held on February 20, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present
were Mayor Maguire, Councilmembers Carlson, Fields, Tilley and Bakken. Bruce Goff requested the Council
consider support for the U.S. Mayor's Climate Protection Agreement. Kevin VonFeldt asked the Council for
support of a bill before the Legislature regarding gaming. He also encouraged Council to attend a rally for his
proposed project at the Williams Arena on March 11. Council indicated to Mr. VonFeldt that they have no interest
in his proposed project until legislation is considered.
A regular meeting of the Eagan City Council was held on February 20, 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 additional item is being included under personnel items. He also noted that
and Economic Development Authority meeting would not be held, as the item regarding the Northeast Eagan
Redevelopment District is being continued for two weeks.
Councihnember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as amended.
Aye:5 Nay:0
RECOGNITIONS AND PRESENTATIONS
None.
CONSENT AGENDA
Item M was pulled for discussion.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as amended.
Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the February 6, 2007 regular City Council meeting
as presented.
B. Personnel Items.
1. It was recommended 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 inquires 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.
2. It was recommended to approve the hiring of Barbara Showlater as a part-time guest services rep
at the Community Center
3. It was recommended to approve the hiring of Katherine England, Sean King and Odwar Portillo as
part-time building attendants/concessions workers at the Community Center.'
4. It was recommended to accept the resignation of John Van Diver, seasonal equipment maintenance
worker and authorize his replacement.
5. It was recommended to approve the proposed organizational change to the Eagan Campus
Facilities and authorize the advertisement of one Campus Facilities Operations Coordinator and
one full time Manager on Duty position.
C. Check Registers. It was recommended to ratify the check registers dated February 8, 2007 and February
15, 2007 as presented.
D. Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and
Display (Set Up) Permit application for Parkview Golf Course located at 1310 Cliff Road.
Eagan City Council Meeting Minutes
February 20, 2007 ((~,J A
Page 2 Iy
E. Consumption and Display Permit. It was recommended to approve the renewal of a Consumption and
Display (Set Up) Permit application for Sambol Restaurant located at 1260 Town Centre Drive.
F. Trash Hauler License Renewal. It was recommended to approve renewal of Trash Hauler License
(construction / demolition debris) for Capital Waste Systems, 663 Maple Park Drive, Mendota Heights
G. Shows License. It was recommended to approve a Shows License and waive fees for the July 4d' Funfest
Committee to hold the July 4d' Funfest Celebration July 34, 2007.
H. Parade Permit. It was recommended to approve a Parade Permit and waive fees for the July 4d' Funfest
Committee to hold the July 01 Parade on July 4, 2007.
1. Miss Eagan Pageant. It was recommended to approve the use of the Community Center at no charge for the
Miss Eagan Pageant to be held July 1-2, 2007.
J. Extension for Recording Final Plat. It was recommended to approve a 90-day extension of time to record
the final plat for Oakview Center 2nd Addition, located south of Lone Oak Road and north of Hwy. 55 in the
NW %s of Section 12.
K. Tree Maintenance Contractor License for Asplundh Tree Expert Company_ It was recommended to
approve a Tree Maintenance Contractor License for Asplundh Tree Expert Company.
L. Removed
M. PULLED FOR DISCUSSION - Contract 07-01.
N. Advance from State Aid Road Program. It was recommended to 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.
0. 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 Parcels No. 10-45900-051-00 and 10-45900-
052-00 and authorize the Mayor and City Clerk to execute all related documents.
P. Snow and Ice Control Policy. It was recommended to amend the Snow and Ice Control Policy regarding
property owner obligations for mailbox repair / replacement.
Q. Governor's Fit City Program. It was recommended to adopt a Resolution affirming activity friendly
commitments in the City of Eagan and authorize stair to submit an application to be a part of the Governor's
Fit City Program.
R. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy
Establishment License for Joseph Jensen, Massage Envy, 3250 Denmark Avenue.
M. Contract 07-01. Public Works Director Colbert noted that due to a change that needs to be made in
specifications for this project, the current bid needs to be rejected and authorization given for re-
advertisement of the bid.
Councilmember Fields moved, Councilmember Carlson seconded a motion to reject award of 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 re-advertisement for bids with corrected specifications.
Aye: 5 Nay: 0
PUBLIC HEARINGS
PROJECT 928, MEADOWVIEW ROAD / ALEXANDER ROAD
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
City Administrator Hedges introduced this item regarding street overlay improvements for Meadowview Road /
Alexander Road. This item was originally discussed at the December 4, 2006 Public Hearing and was directed to the
Public Works Committee to review the concerns that were raised at that hearing. Public Works Director Colbert
discussed the Public Works Committee recommendation that the original Final Assessment Roll, as presented at the
Public Hearing on December 4, 2006, be adopted with no changes or modifications.
Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Eagan City Council Meeting Minutes
February 20, 2007
Page 3 F T
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the Final Assessment Roll for
Project 928 (Meadowview Road / Alexander Road - Street Improvements) and authorize its certification to Dakota
County for collection. Aye: 5 Nay: 0
OLD BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT
PASTER ENTERPRISES, INC.
City Administrator Hedges noted that this item regarding a Comprehensive Guide Plan Amendment of approximately
24 acres from Special Area-Office/Service to Special Area-Commercial Retail located in the SE of Section 9 is
being recommended for continuance to the August 7, 2007 meeting at the request of the applicant.
Ken Hank, Pastor Enterprises, stated the request for a continuance is to allow additional time to finalize negotiations
with potential anchor retail tenants for the proposed retail center.
Councilmember Tilley moved, Councilmember Fields seconded a motion to continue 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'/, of Section 9 to the August 7, 2007 City Council meeting. Aye: 5 Nay: 0
2007 - 2008 CITY OF EAGAN GOALS
City Administrator Hedges discussed the proposed 2007 - 2008 goals that were prepared at the City Councils goals
retreat on January 30 - 31, 2007.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the 2007 - 2008 City of
Eagan Goals as follows: Aye: 5 Nay: 0
• 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 development the
Eagan Core Greenway and by working towards the creation of an opens space preservation fund.
• Pursue 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 pursing 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.
NEW BUSINESS
REZONING - CITY OF EAGAN
City Administrator Hedges introduced this item regarding the rezoning of 2.3 acres from Transitional to R-3
Residential Townhouse for property located at 3206 Sibley Memorial Highway. City Planner Ridley gave a staff
report. It was noted that a letter was received from the attorney for Ron Miller requesting the item be continued to
allow further notification of neighboring properties. It was the consensus of the council that legal requirements were
met in regard to the legal notices.
Eagan City Council Meeting Minutes
February 20, 2007
Page 4
Five neighboring property owners expressed various reasons for their opposition to the rezoning of the property to
R-3, Residential, stating they preferred a lower density designation.
Councilmembers clarified the history and intent of the current zoning and Guide Plan classifications, discussed the
proposed R-3 zoning and the concerns of the residents. It was the consensus of the Council to direct this issue back
to the Advisory Planning Commission for review and consideration of an R-2 zoning designation. The Council also
stated their desire that future redevelopment of the site be mindful of maintaining river-valley views of the neighbors
to the east.
Councilmember Fields moved, Councilmember Tilley seconded a motion to direct the Advisory Planning
Commission to reconsider a Rezoning of 2.3 acres from Transitional to R-2 zoning for Lot 9, Block 1, Letendre
Addition No. 3, located at 3206 Sibley Memorial Highway in the SW 'A of Section 9. Aye: 5 Nay: 0
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There were no updates.
ADMINISTRATIVE AGENDA
There were no Administrative Agenda items.
VISITORS TO BE HEARD
There were no visitors who wished to be heard.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to adjourn the regular meeting at 8:15
p.m. A Closed Session was immediately convened to discuss litigation regarding Diflley Partners, LLP.
Date Administrative Secretary / Deputy City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City
of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
Agenda Information Memo
March 6, 2007 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. City Store Inventory
ACTION TO BE CONSIDERED:
To declare the existing inventory of items in the City Store surplus property and
authorize the donation of same to a local charity.
FACTS:
• The City Store inventory consists primarily of clothing and other small
personal items such as mugs and bags; most include the City's old logo.
• For several years the Employee Recognition Committee has used the
proceeds from the sale of City Store items to purchase gift certificates for
employees who receive "Every Step of the Way" awards.
• The Committee is currently reaping little financial benefit from the store
due to lack of sales. Items are several years old and supplies are limited.
• The Committee desires to liquidate outdated clothing and related items to
allow for repositioning the inventory.
• The Committee is recommending a donation of the clothing and related
items as the most cost effective way to proceed. The donation would
benefit others who may not have the resources to purchase the items.
• The Committee is interested in changing the inventory to generate more
sales for future revenue in order to continue offering the "Every Step of the
Way" awards.
• The updating of the inventory will be in compliance with the new City logo
and branding initiatives.
I
Item 2. Monday, December 24, 2007, Christmas Eve Day, City Operations
ACTION TO BE CONSIDERED:
To declare City operations closed on Monday, December 24, 2007, Christmas
Eve Day, (with the exception of sworn operations of the Police Department).
FACTS:
• To recognize the long holiday weekend and that the public's need for
service on the morning of December 24, will more than likely be minimal.
• To recognize that employees may have or desire to have travel
arrangements and/or other family related commitments over this particular
weekend.
• Per past practice, in 2001 at which time Christmas Eve Day also fell on a
Monday, the City closed operations on Christmas Eve Day.
• Current policy and labor contracts state that Christmas Eve Day afternoon
is a designated half-day holiday. The requested declaration would make
the whole Christmas Eve Day a holiday.
• In 2001, all employees, including union employees, recorded 8 hours of
holiday time on Christmas Eve Day, (trading out the half day option of
Good Friday or New Year's Eve Day).
• Because existing paid holidays will be reallocated, there will be no net
increase in holiday compensation or time off. The policy proposed to be
implemented is as follows:
With the City being closed, the half-day holiday option of Good Friday
or New Year's Eve Day will be re-allocated to the morning of Christmas
Eve Day. This means each employee will use the Y2 day holiday option
normally reserved for Good Friday or New Year's Eve Day on the
morning of Christmas Eve Day. This 4 hours of holiday time will be
paired up with the other 4 hours of holiday already allocated to
Christmas Eve Day afternoon. Thus, all employees will receive a total
of 8 holiday hours on Christmas Eve Day.
• Much of sworn police personnel will be unaffected, due to their 24/7
operation and the fact that they receive holiday compensation at the end
of each year in the form of a holiday paycheck. Public safety operations
will continue as usual.
~r'
Agenda Information Memo
March 6, 2007 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED: To ratify the check registers dated February 22, 2007 and
March 1, 2007 as presented.
ATTACHMENTS:
• Check registers dated February 22, 2007 and March 1, 2007 are enclosed without page
number.
Agenda Memo
March 6, 2007 Eagan City Council Meeting
CONSENT AGENDA:
D. Approve 2006 General Fund budget adjustments.
ACTION TO BE CONSIDERED:
To approve 2006 General Fund budget adjustments related to the Fire, Communications and
Administration departments.
FACTS:
• Staff customarily presents budget adjustments for formal Council approval for the preceding
year shortly after the budget year has been completed and preliminary year-end account
balances are known.
• The adjustments are retrospective and are formalized for reporting purposes only. They do
not represent proposed spending changes.
• Generally, only adjustments involving significant dollar amounts are proposed; staff does
not endeavor to make line-item adjustments that are not material in amount.
• The proposed 2006 General Fund budget adjustments are:
➢ A $107,000 increase to the required contribution to the Fire Relief Association
defined-contribution pension plan, resulting from an underestimation of the State
Aid that funds most of the total contribution.
➢ Two adjustments in the Communications, a $9,000 increase to software and a
$13,300 increase to professional services, both of which will be offset by
corresponding transfers in from the Cable Franchise Fees Fund.
➢ A $14,000 adjustment to professional services in the Administration Dept. The
Orfield noise study was approved in concept by the Council in September; however,
a dollar amount was not specified at that time.
ATTACHMENTS:
• February 20 staff memo detailing the proposed budget line-item adjustments is attached on
page-
A City of Eapn Me~o
To: Gene VanOverbeke, Director of Administrative Services
From: Tom Pepper, Chief Financial Officer
Date: February 20, 2007
Subject: 2006 General Fund Budget Adjustments
Following are proposed 2006 budget adjustments for consideration by the City Council:
1) Fire
$ Increase Decrease
Acct No. Account Description Revenue Expense
1200.6145 Fire Relief Assn (pension) contribution 107,000
State Fire Aid was significantly overestimated in the original budget preparation,
resulting in a higher City obligation than budgeted. The City has already made the payment to
the Fire Relief Assn.
2) Communications
0900.6279 Computer software 9,000
9001.4980 Transfer in 9,000
The City incurred unanticipated software costs in bringing the Intranet online; the
Quantum Art product was not compatible with our system. Expenditures in the Communications
budget are reimbursed through a transfer from the Cable Franchise Fees Fund.
0900.6310 Professional services 13,300
9001.4980 Transfer in 13,300
The second half of the webstreaming project was budgeted in 2005, but the work was
completed and paid for in 2006. Again, a transfer from the Cable Franchise Fees Fund will
offset the expenditure.
3) Administration
0200.6310 Professional services 14,000
On September 5, 2006, the Council approved additional expenditures beyond the
$30,000 originally budgeted for the Orfield noise study; however, a dollar amount was not
recorded in the minutes. The total paid to Orfield was $44,000.
Please let me know if you have questions. Thanks.
13
Agenda Information Memo
March 6, 2007, Eagan City Council Meeting
E. APPROVE CHANGE IN MANAGEMENT ON THE ON-SALE LIQUOR
LICENSE AT JOE SENSER'S OF EAGAN, INC., DBA JOE SENSER'S
SPORTS BAR & GRILL, 3010 EAGANDALE PLACE
ACTION TO BE CONSIDERED:
To approve a change in management on the on-sale liquor license for Joe Senser's of
Eagan, Inc., dba Joe Senser's Sports Bar & Grill, 3010 Eagandale Place.
FACTS:
➢ A change in management has occurred at the above referenced location. The new
manager of Joe Senser's, Mark Cheney, has completed the necessary forms and paid
the appropriate investigation fee.
➢ The Eagan Police Department has conducted an investigation of the new manager
and finds no reason for denial.
ATTACHMENTS (0):
Agenda Information Memo
March 6, 2007, Eagan City Council
F. RATIFY PUBLIC WORKS COMMITTEE RECOMMENDATION REGARDING
THE CITY CODE PROVISIONS FOR REFUSE AND RECYCLING
ACTION TO BE CONSIDERED:
To ratify the recommendation of the Public Works Committee that no changes be
made to the City Code regarding refuse and recycling.
FACTS:
• At the November 21, 2006 Listening Session Mr. David Domack
representing Dick's Sanitation discussed a request for a temporary
variance from the trash pick-up schedule in order to accommodate a client
that has requested single sort recycling service.
• The City Council directed that an ordinance amendment that would
address such a request be drafted and presented for future review.
• The City Attorney's Office drafted an Ordinance that would allow for
issuance of a temporary exemption permit under certain conditions.
• The City Council considered the proposed change at the Special City
Council Meeting held on February 13, 2007 and directed the question to
the Pubic Works Committee for additional discussion.
• Mr. Domack had been notified of the Special City Council Meeting, but
was not in attendance.
• The Public Works Committee met and determined that they would
recommend to the full City Council that no change be made to the City
Code at this time.
• Mr. Domack has subsequently been notified by staff via email of the Public
Works Committee recommendation and has not responded. In the same
email he was notified that ratification of the recommendation would be on
the consent agenda for the March 6, 2007 Regular City Council Meeting.
ATTACHMENTS:
(None)
/S
Agenda Information Memo
March 6, 2007, Eagan City Council
G. APPROVE RESOLUTION DIRECTING FUND TRANSFERS FROM
SPERRY TAX INCREMENT FUND
ACTION TO BE CONSIDERED:
To approve a resolution directing fund transfers from the Sperry Tax Increment
Fund
FACTS:
• In June of 1986 the Sperry Tax Increment District was created to assist in
the development of the Sperry Marketing and Support Facility.
• Upon completion of the project a balance of $85,664.27 remained in the
fund. The balance was generated as a result of not installing a traffic
signal at Towerview Road as contemplated in the early planning and
through savings in trail and other infrastructure improvements.
• The City has now completed improvements with Project 918 on Pilot Knob
Road that include eligible costs on which this balance can be spent.
• The fund has also accumulated $ 49,977.54 in interest earnings over the
intervening period of time.
• Steve Rosholt of Faegre & Benson, the City's bond counsel, has
concluded that per controlling State Statutes the principal amount can be
spent on Project 918 while the interest earnings must be returned to
Dakota County as excess increment for distribution to the various taxing
jurisdictions.
ATTACHMENTS:
• Enclosed on page is a copy of the resolution directing the
transfers.
Ap
RESOLUTION DIRECTING FUND TRANSFERS
FROM SPERRY TAX INCREMENT FUND
BE IT RESOLVED By the City Council of the City of Eagan as follows:
1. Background. The duration of the increment financing district for Economic
Development District No. 1 (commonly known as the "Sperry TIF District") has expired and the
district has been decertified. Construction work related to the Sperry TIF District has been
completed, including the portion of Project 918 (Pilot Knob Road, Central Parkway to Lone Oak
Road-Street and Signal Improvements) for which $85,664.27 of costs are allocable to the
Sperry TIF District. As of December 31, 2006 the balance of tax increments on deposit in the
Sperry TIF District Fund was $135,641.81.
2. Fund Transfers. $85,664.27, being the Project 918 costs properly allocable to the
Sperry TIF District shall be transferred from the Sperry TIF District Fund to the Project 918
Fund as reimbursement for such costs. The balance of the amounts in the Sperry TIF District
Fund shall be remitted to the Dakota County Auditor as excess tax increment to be returned to
the applicable taxing jurisdictions pursuant to Minnesota Statutes, Section 469.176, Subd. 2.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated: March 6, 2007
CERTIFICATION
I, Maria Petersen, 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 of the City of Eagan, Dakota County, Minnesota, in a regular
meeting thereof assembled this 6th day of March, 2007.
Maria Petersen, Clerk
fb.us.1853312,01
17
Consent Agenda Information Memo
March 6, 2007 Eagan City Council Meeting
CONSENT AGENDA:
H. Acceptance of $700 labor donated to refurbish the negotiator trailer.
ACTION TO BE CONSIDERED:
To acknowledge and accept $700 worth of labor to refurbish the Crisis Negotiator
trailer.
FACTS:
• The Eagan Police Department has an active team of Crisis Negotiators. They are
called out during critical incidents to help mitigate calls that involve barricaded
subjects and hostage negotiations.
• The Crisis Negotiation Team received a used trailer that was passed down from
the SWAT team after they purchased a new trailer. Early in 2006 the SWAT team
upgraded to a larger trailer for SWAT operations and the storage of their gear.
The Crisis Negotiation Team is utilizing the old trailer for their operations.
• At the 5/2/06 City Council meeting, a $4,000 grant was accepted from the Dakota
Impact Panel that was used to refurbish the trailer. The trailer was remodeled in
order to utilize it as a movable office for the negotiators. The police department
hired Durand Manufacturing, Inc. (d/b/a Eagan General Repair), at 3560
Kennebec Drive to perform the work and he was advised that the department had
a budget of $4000.
• Mark Durand, the owner of Eagan General Repair, performed the work and the
invoice totaled $4700.
• Mark Durand has expressed interest in donating the $700 in labor to the Eagan
Police Department. Upon acceptance of this item, police officials will send
correspondence to Mr. Durand for his donation.
ATTACHMENTS:
A copy of the invoice from Durand Manufacturing, Inc., is attached as page.
M. I
DURAND MANUFACTURING, INC.
d/bJa EAMN GENERAL REPAIR
f Dv 3650 Kwwwbec Dire
t~ EJ4G~4N, M~ tJt 55122
L ' f ,,:boo
FI~C (5.'52 _ ~~-3199. J
1 / DATE +a
NAME
2- ^ P/~ Jim p-t-
ADDRESS 17375
CITY PHONE DATE OF ORIGINAL INSTALLATION
Y
cj, MAKE MODEL
_ ❑ ESTIMATE
SERIAL NO. - DATE PROMISED ❑ WARRANTY
❑ CONTRACT
OF SERVI E
d _ - -........~f'..._.L°.c~''~ l z t
.s_"-,~--- ....►..-r.
t7 00
._sx~....c.~.._........
P0t4+M40&:57 f1(G &TAL MATERIALS 950 vo
TECHNICAL SERVICE TIME:' ❑ SHOP ❑ HOME 0 1
❑ PICK UP OR DELIVER ❑ SERVICE CALL CHARGE
1¢ TECHNICIAN
DATE COMPLETED
TAX LEI[ •Ij
0 COMP
CASH OFWORKLETION TOTAL ~pf~ OO
TOTAL MATERIALS SIGNATURE
3Uafanty on other side Signature above constitutes acceptance of above work as being
sabstactory and that equipment has been left in good condition
COPY THANK YOU
Agenda Memo
March 6, 2007 City Council Meeting
1. APPROVE a change to the 2007 Industrial/Commercial park dedication
language to simplify the calculation of fees.
ACTION TO BE CONSIDERED:
Approve a change to the 2007 Industrial/Commercial park dedication language to simplify the
calculation of fees.
FACTS:
• The 2007 Parks and Trails dedication fees were approved a part of the overall fee
structure by the City Council in December 2006.
• The description of the new calculation for the industrial/commercial portion of the parks
dedication has led to several questions and a level of confusion as to how the fees should
be calculated.
• To simplify the process the Park Dedication Policy document has been simplified to
better state how these rates are to be calculated and to show the standard rate.
• This change does not alter any portion of the approved policy other than to clarify and
simplify for potential developers how this fee is calculated.
ATTACHMENTS:
• Revised Park Dedication Policy on pages " C 1
CITY OF EAGAN
PARK DEDICATION POLICY
2007
POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING
THAT PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPED
WHICH IS TO BE CONTRIBUTED TO THE CITY IN LIEU OF SUCH
CONVEYANCE OR DEDICATION, ALL AS PROVIDED BY SECTION 13.20 OF
THE CITY CODE.
1. PURPOSE:
The City Council recognizes it is essential to the health, safety and welfare of the residents
of Eagan and persons working in Eagan, that the character and quality of the environment
be considered to be of major importance in the planning and development of the City. In
this regard the manner in which land is developed and used is of high priority. The
preservation of land for park, playground and public open space purposes as it relates to the
use and development of land for residential, commercial/industrial purposes is essential to
maintaining a healthful and desirable environment for all citizens of the City. The City
must not only provide these necessary amenities for our citizens today, but also be
insightful to the needs of future citizens.
It is recognized by the City Council that the demand for park, playground and public open
space within a municipality is directly related to the density and intensity of development
permitted and allowed within any given area. Urban type developments mean greater
numbers of people and higher demands for park, playground and public open space. To
disregard this principle is to inevitably over-tax existing facilities and thus, diminish the
quality of the environment for all.
The City's Park Systems Plan Study has established minimum community criteria for
meeting the needs of the residents of Eagan. In order to meet the community needs for
parks and open space, 15 acres of park shall be required for each 1,000 residents of which
12 acres shall be designated as neighborhood parks and as such used to determine cash
dedication.
This shall be the standard upon which the City shall establish its parkland and parks cash
dedication.
It is the policy of Eagan that the following standards and guidelines for the dedication of
land for park, playground, and public open space purposes (or cash contributions in lieu of
such dedication) in the subdividing and developing of land within the city shall be directly
related to the density and intensity of each subdivision and development.
City of Eagan
2007 Parks Dedication
Page 2
2. RESIDENTIAL PARKLAND DEDICATION
The amount of land to be dedicated by a developer shall be based on the gross area of the
proposed subdivision, proposed type of dwelling unit and density. Census data for 2006 of
3.22 residents for single family, 3.22 for duplex, 2.06 for townhouse/quad. and 1.78 for
apartments has been used as density standards for formulating calculations in meeting the
criteria of park needs of Eagan residents.
The formula for land dedication:
The greater of 1) proposed unit per acre 2) zones density.
DWELLING UNITS LAND TO BE DEDICATED
0 - 1.9 units per acre 8%
1.9 - 3.5 units per acre 10%
3.5 - 5.9 units per acre 12%
6 - 10 units per acre 14%
10+ units per acre Add .5% for each unit over 10
3. STANDARDS FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK
PURPOSES
A. Land proposed to be dedicated for public purposes shall meet identified needs of the
City as contained in the current Park Systems Plan and Comprehensive Guide Plan.
B. Prior to dedication for public purpose, the subdivider shall deliver to the City
Attorney, an abstract of title or registered property abstract for such dedication.
Such title shall vest in the City good and marketable title, free and clear of any
mortgages, liens, encumbrances, assessments and taxes. The conveyance
documents shall be in such form acceptable to the City.
C. The required dedication and/or payment of fees-in-lieu of land dedication shall be
made at time of final plat approval.
D. The removal of trees, topsoil, storage of construction equipment, burying of
construction debris, or stockpiling of surplus is strictly forbidden without the
written approval of the Director of Parks and Recreation.
oaDII
City of Eagan
2007 Park Dedication
Page 3
E. Grading and utility plans, which may affect or impact the proposed park dedication,
shall be reviewed and approved by the Parks and Recreation Director prior to
dedication, or at such time as reasonably determined.
F. To be eligible for park dedication credit, land dedicated is to be located outside of
drainways, flood plains or ponding area. Grades exceeding 12% or unsuitable for
parks development shall be considered for partial dedication.
Where ponding has been determined to have a park function, credit will be given at
a rate of 50% of the pond and adjoining land area below the high water level; a
minimum of 70% of land above the high water mark shall be dedicated before pond
credit is granted. Other City park dedication policies relating to pond dedication
must also be complied with.
In those cases where subdivider's and developers of land provide significant
amenities such as, but not limited to swimming pools, tennis courts, handball fields,
etc, within the development for the benefit of those residing or working therein, and
where, in the judgment of the Director of Parks and Recreation, such amenities
significantly reduce the demands for public recreational facilities to serve the
development, the Director of Parks and Recreation may recommend to the Advisory
Parks Commission that the amount of land to be dedicated for park, playground and
public open area space (or cash contributions in lieu of such dedication) be reduced
by an amount not to exceed 25% of the amount calculated under paragraph 2 above.
G. The City, upon review, may determine that the developer shall create and maintain
some form of on-site recreation use by the site residents such as tot lots and open
play space. This requirement may be in addition to the land or cash dedication
requirement.
4. CASH DEDICATION
If, at the option of the City it is determined that a cash dedication shall be made, said cash
shall be placed in a special fund for Parks and Recreation use and deposited by the
developer with the City prior to final plat approval.
The City Council, upon review and recommendation of the Advisory Parks Commission,
shall annually determine by resolution the park cash dedication fee per residential unit.
Said fee shall be determined by the average market value of undeveloped residential
property by zoning classification, served by major City utilities, divided by the number of
units per acre which shall provide the equivalency of twelve acres per thousand population.
a3
City of Eagan
2007 Park Dedication
Page 4
Said cash dedication, effective January 1, 2007 shall be:
Cash Equivalent
Units Per Per Residential
Housing Type Average Market Value 100 Population Unit
Single Family $ 85,474 per acre 29.8 $3,308
Duplex $ 84,157 per acre 30 $3,258
Townhouse/Quad $141,262 per acre 50.8 $3,458
Apts/Multiple $149,893per acre 55.8 $3,212
Cash dedication shall be determined/ computed at the rate in effect at the time of final plat.
5. INDUSTRIAL/COMMERCIAL DEDICATION REQUIREMENTS
Subdivider's and developers of commercial/industrial land, including commercial/industrial
portions of Planned Developments, shall be required at the time the site plan is approved
and building permits are issued to dedicate to the City for park, playground and public open
space purposes, a net land area within the development as determined by the City.
In those cases where the City does not require park or open space within such
developments, the City shall require payment of fees in lieu of such land dedication using
the formula outlined below or such amount as determined by the City Council. Said cash
dedication, effective January 1, 2007 shall be:
Commercial $1737 per 1000 square feet of building
Industrial $ 473 per 1000 square feet of building
The calculation is based upon a number of factors including;
1. The average number of persons/employees per 1000 square feet of building
• Industrial= 1 person per 1000 square feet
• Commercial office) = 3 persons per 1000 square feet
2. A "person (resident) equivalency" which assumes that a person working at the building
may be a non-resident and therefore demand or require fewer park services as compared
to a resident. Use of park and recreational facilities/services may be limited to
occasional trail use, picnicking and employee ball games.
• Equivalency = .5 (1/2)
3. A land factor that estimates, per person, the amount of park land needed to achieve the
level of park service established by the City.
• Standard= .012 acres per person (Based upon the current Eagan standard of
providing 12 acres per 1000 residents = .012 acres per person)
4. The value of the undeveloped land. Value established by the County for tax purposes
1-
City of Eagan
2007 Park Dedication
Page 5
Cash shall be contributed at the time of approval of each final plat or at the time of site
plan/building permit approval.
The fee dedication requirement for all commercial/industrial plats which have received site
plan approval prior to January 1, 1983, but have not been issued building permit, approval
from the City shall be in an amount equal to $2,618 per net acre for commercial and
industrial which shall be contributed at the time of building permit approval. A credit of up
to 25% of the required dedication may be allowed by the City Council for on-site storm
sewer, water, ponding and settling basins provided that such improvements benefit
identifiable park and recreation water resources.
The City Council, upon review and recommendation of the Advisory Parks Commission,
may annually review and determine by resolution, an adjustment to the
industrial/commercial fee based upon the City's estimate of the average value of
undeveloped commercial/industrial land in the City.
6. REOUIRED IMPROVEMENTS
Developers shall be responsible for making certain improvements to their developments for
park, playground and public open space purposes as follows:
A. Provide finished grading and ground cover for all park, playground, trail and public
open spaces within their development as part of their development contract or site
plan approval responsibilities. Landscape screening shall be in accordance with
City Policy.
B. Establish park boundary corners for the purpose of erecting park limit signs. The
developer shall contact the appropriate Parks and Recreation Department personnel
for the purpose of identifying park property corners.
C. Provide sufficient public road access of no less than 300 feet for neighborhood parks
and additional frontage for community parks.
7. AUTHORITY
The State of Minnesota has recognized the importance of providing for parks and open
space in M.S.A. 462.358, Subdivision 2 (b) which clearly gives the right to cities in its
subdivisions regulations to require reasonable portions for public use. The City of Eagan
has, by this dedication policy, chosen to exercise this right in establishing minimum
requirements for meeting the public needs.
cia...Ntm..w-rom Odlmn a✓2oa rrarssnFn
Agenda Memo
March 6, 2007 City Council Meeting
J. APPROVE the 2007 contract for the July 4th fireworks and authorize the
Mayor to sign all appropriate documents.
ACTION TO BE CONSIDERED:
Approve the 2007 fireworks display contract with RES Specialty Pyrotechnics and authorize the
Mayor to sign all appropriate documents.
FACTS:
• The Eagan 4th of July Committee has received a proposed contract from RES Specialty
Pyrotechnics to provide the fireworks program for the City of Eagan on July 4, 2007 and
has asked for the City's formal approval.
• The proposed contract is in the amount of $27,000 and will provide for a 26-29 minute
show depending on the intensity.
• The same firm provided the fireworks display in 2006 at a cost of $25,000 and is
expecting to provide a more enhanced display for 2007.
ATTACIUgENTS:
0 A copy of the proposed contract from RES Specialty Pyrotechnics is enclosed on pagesa- 4 a
RES Specialty Pyrotechnics
~MAGIC IN THE AIR
DISPLAY CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into on this 30th day of January, 2007 between RES Specialty
Pyrotechnics, Inc. hereafter referred to as the SELLER and Eagan 4th of July Committee, hereafter
referred to as the BUYER.
IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS:
Service Provided Outdoor Fireworks Display
Date(s) Wednesday, July 4, 2007
Time 10:00 PM (approximately)
Duration 26-29 minutes (depending on intensity)
Location Eagan Community Center; Eagan, MN
Event Sponsor Eagan 4"' of July Committee
OBLIGATIONS OF SELLER:
SELLER shall provide all materials, equipment and personnel necessary to perform the above-mentioned
display.
SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2000
edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2001 edition.
SELLER shall provide show liability insurance in the amount of $5,000,000.00 to cover the fireworks
display and cleanup.
SELLER shall include the BUYER, as co-insured on Certificate of Insurance.
OBLIGATIONS OF BUYER:
BUYER shall provide a suitable location for firing of the fireworks display.
BUYER shall provide and cover all costs for security, safety and cleanup at the display site.
TERMS AND CONDITIONS:
The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude
upon the completion of the display. This agreement shall run no longer than one (1) calendar year.
However, if before the date of the scheduled performance, the BUYER has not performed fully its
obligations under the terms of this agreement or that the financial credit of the BUYER has been
impaired, the SELLER may cancel this agreement at any time.
In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the
option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the
SELLER for any damages, compensation or costs incurred including but not limited to attorney and court
fees in addition to the compensation herein.
The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the
SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually
agreeable date.
21595 286th Street ■ Belle Plaine, MN 56011 ■ Phone: 952.873.3113 ■ Fax: 952.873.2859 1
PAYMENT:
aJ ~l~CvLa~G~
Contracted amount:1 i;3A;A89 6t} inclusive of sales tax, if applicable.
Contracted amount includes fire watch and permit fee.
All payments shall be paid by BUYER to and in the name of RES Specialty Pyrotechnics, Inc. in the
form of a company check, certified bank check, money order, or cash.
CANCELLATION:
In the event the BUYER cancels this agreement any time during the contract period, the SELLER shall be
entitled to and receive 25% of the contracted fee for the remainder of the contract period plus
compensation for any pre- and post-production costs incurred.
THIS AGREEMENT is the whole agreement of the parties' above named. No representation inducement
or agreement has been given by one to the other to enter into this agreement other than expressly set
forth herein. This agreement shall not be altered, modified, or amended except in writing by a duly
authorized officer of each party.
IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below.
CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS.
BUYER: SELLER: Erv Haman - RES Specialty Pyrotechnics
Title: Title: Director of Business Development
Signature: Signature:
Date: Date: 3 d -
2
Agenda Information Memo
March 6, 2007 Eagan City Council Meeting
K CONTRACT 06-05, BLACKHAWK ROAD/GALAXIE AVENUE &
CLIFF ROAD - INTERSECTION IMPROVEMENTS
ACTION TO BE CONSIDERED: Award Contract 06-05 (Blackhawk Road/Galaxie
Avenue & Cliff Road - Intersection Improvements), to McNamara Contracting, Inc., for
the base bid in the amount of $333,891.75, and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• Improvements to the Blackhawk Road/Galaxie Avenue intersection with County Rd
32 (Cliff Road) was programmed for 2006 in the City's 5-Year Capital Improvement
Program (2006-2010). Due to delays in acquiring necessary construction easements
and equipment delivery schedules, the project was delayed to 2007.
• On June 7, 2005, the City Council authorized the preparation of a feasibility report
identifying the scope, cost, financing and schedule of the proposed improvements to
this intersection.
• On May 2, 2006, the City Council received the feasibility report and held a public
hearing for Project 934. The Council approved the project and authorized preparation
of detailed plans and specifications.
• On January 16, 2007, the Council approved the plans and authorized the
advertisement for solicitation of competitive bids for Contract 06-05.
• At 10:30 a.m. on March 1, 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 $333,891.75 has
been reviewed by the City's consultant, SRF Consulting Group Inc., and found to be
in order for favorable Council action.
ATTACHMENTS:
• Bid Summary, pago_~6
.
~q
BID SUMMARY
CITY CONTRACT 06-05
Galaxie Avenue/Blackhawk Road at Cliff Road Intersection Improvements
Bid Date: Thursday, March 1, 2007 Bid Time: 10:30 a.m.
Contractors Total Base Bid
1. McNamara Contracting;, Inc. $333,892
2. Max Steininger, Inc. $345,440
3. Valley Paving, Inc. $358,936
4. Bituminous Roadways, Inc. $359,249
5. Hardrives, Inc. $359,599
6. Park Construction Co. $367,689
7. Ace Blacktop $397,020
8. Northwest Asphalt, Inc. $397,915
Estimate Estjr~ate i.
$333,892 $324,400 +2.9% $364,476 -8.4%
\\Eacity\engineer$\Project and Contract Information\06-05 - Blackhawk Rd., etc\Bid Summary.doc
Agenda Information Memo
March 6, 2007 Eagan City Council Meeting
L. CONTRACT 05-08, LONE OAK DRIVE AND LONE OAK PARKWAY
TRAIL IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve the final payment for Contract 05-08 (Lone
Oak Drive and Lone Oak Parkway - Trail Improvements) in the amount of $131,541.49
to Max Steininger, Inc., and accept the improvements for perpetual City maintenance
subject to warranty provisions.
FACTS:
• Contract 05-08 provided for the construction of a bituminous trail along the west side
of Lone Oak Drive, from Lone Oak Road to Lone Oak Parkway, and on the east side
of Lone Oak Parkway, from Lone Oak Drive to Northwest Parkway under City
Projects 922.
• These improvements have been completed, inspected by representatives of the Public
Works Department, and found to be in order for favorable Council action of final
payment and acceptance for perpetual maintenance subject to warranty provisions.
3~
Agenda Memo
March 6, 2007 Eagan City Council Meeting
M. PROJECT 951, SOUTH DODD ROAD
LIFT STATION IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive a petition and authorize the preparation of a
Feasibility Report by the City Engineer for Project 951 (South Dodd Road - Lift Station
Improvements).
FACTS:
• In conjunction with a submittal for preliminary subdivision approval, the property
owner of Lot 2, Block 1 Sky View Addition (4920 Dodd Road), located along the
east side of Dodd Road south Farm Road, just north of the Rosemount border in
southeast Eagan, submitted a petition for sanitary sewer service to the property.
• Due to the topography of the properties along south Dodd Road, gravity sanitary
sewer service is not readily available to the property and others in the area, and
will require the construction of a lift station.
• One of the conditions for approval of the proposed single-family preliminary
subdivision will be the Council approval of a public improvement project and
award of a contract for the construction of a lift station to serve the development
and the surrounding area.
• Based on the potential benefit to other adjacent properties along south Dodd Road
for the extension of these utilities, it would be appropriate for the City Council to
authorize the preparation of a Feasibility Report to determine the scope, cost,
schedule, and method of financing for the construction of these public
improvements.
• The petitioner has guaranteed the cost of preparation of a feasibility report for this
project, if the project is not ultimately approved by the City Council.
ATTACHMENTS:
• Location map, page 2
2 .
RED
_ PINE
Li - -
NAUVOO
L °
EXIST.
1 4-TAR
I i SEWER
L-J
4895 J
r7 I
FARM RD. I/ j '
r
~O 4900 M
i 4920
2
South Dodd Road
0 Unsewered Areas 4940 ; 3
c
2835 ° oy. i a
ii/ .4980 4
BUT1/Vl N
ROAD
120th ST.
City of Rosemount
C:John_G\DODD_SEWER
South Dodd Road - City Project 951
Sanitary Sewer Lift Station - Location Map Feb. 13, 2007
City of Eagan 5,5
Agenda Information Memo
March 6, 2007 Eagan City Council Meeting
N. CONTRACT 04-10, LANDSCAPE & IRRIGATION IMPROVEMENTS
NORTH WATER TREATMENT FACILITY
ACTION TO BE CONSIDERED: Approve the final payment for Contract 04-10
(North Water Treatment Facility - Landscape and Irrigation Improvements) in the
amount of $9,164.67 to Wagner Sod Company, and accept the improvements for
perpetual City maintenance subject to warranty provisions.
FACTS:
• Contract 04-10 provided for the installation of the landscaping and associated
irrigation system incorporated with the expansion of the North Water Treatment
Plant.
• These improvements have been completed, inspected by representatives of the Public
Works Department, and found to be in order for favorable Council action of final
payment and acceptance for perpetual maintenance subject to warranty provisions.
3q
Agenda Information Memo
March 6, 2007 Eagan City Council
0. FINAL SUBDIVISION (DE WITT ADDITION) - RICHARD DE WITT
ACTION TO BE CONSIDERED:
To approve a Final Subdivision (De Witt Addition) to create two single-family lots upon 0.7
acres of land located at 2804 Vilas Lane in the NW 1/4 of Section 3.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present.
FACTS:
➢ The Preliminary Subdivision was approved November 21, 2006.
➢ All documents and Agreements are anticipated to be signed and in order for execution at
the regular meeting of the City Council.
ATTACHMENTS (2):
Location map on page,? .
Final Plat, page3_2T.
Eagan Boundary
N Right-of-way
Location Map Parcel Area
Park Area
- Building Footprint
W
4TERSTAM NW. NO. •➢t
G
Now
! ~ RR NR
llll~
s
Sub"ect Site
.1- el ! ; ♦.u..
a OF P
AP
Roe L -I.
+ o
~ i ~ ~ r 7 1 'ss
• r
4li I { ! •
j
Mill
♦rre y 1 4. t s es
an an en #
1
Nei.
10 to
! 1 e~ 1F . 1
- r 0
as
El 0
me an
• r re ~ wi~ ~M III I
1000 0 1000 2000 Feet
Development/Developer. De Witt Addition
Application: Final Subdivision
Case No.: 03-FS-15-12-06
Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided N
pn by Dakota County Office of GIS and is current as of April 2005.
~Ey of Eat 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 and are 8
Community Development Department not responsible for errors or omissions.
L~.
LU
W
I I
I
I - I
I U
I ~
I •
I y
. I y
m I
I Q
I ~ I I
1 I 1 r-~
I I I I I r
1 1 a 1 C, ,1
e
m I •l i' ~/v61/~ 1
SINI ~rzu 1:: L,.' I
a
O ~ ~ a1
` I IS • b^ I a$i
~ x Y3 I
~ I ~ ' ~ ~g 2 '"7 •~abx` rO1•
I I leg I 1 d §b }qtl' Ca ~ 5 j I 5 ~ j
~ ~'1Y 31 S~ I 4~~~ e
I tlft I .°Y
{l1 f N I a
..ww m
Q i EI ~ a a a~ ~ ~ ~I
aT B ~ :°F x s
S- ~ a Ysa a ~ S
~i ~ ~ u ° o =Eo` ~ 3 ~ E
n'
a° g E I 4 °I S€e2 s
av Y p Its i• gg ;
g. p- ~ z 3ai~ ~ 3 5.I ;
sa $0 8 8 °a y.5; RI u € i8
dF it
S s I ~E a*' $ a s 4y 3
flLis
?'a_ °a S .`s ~ Sfr aa~~ $ • :5 ° 3~ as°s
9q• s °s€ a ~ ~ 3 : ° is ' ~ ' "g - ~f'° °
-o ~,Loi - a ys E:3 Fi
a I 3_ 5 i
;-e ;a ~5 er °38 a t
SF ~ •p - - I ii 5'a Y i~mY 5 u ~aa s ~ 3yl i?
~a ma- ~ u g Fg a~ #a,• i Q_°e y~ 3~a 5~~~ y a ~a ~9 >iia: az 9 a~
_ a ~ Lj °6 7 F° a
a t 5 Ssa= ~-e oi v >g°
s ➢ a ~°'z° l~95 i T. <5 8 ~6 >oE• o oR° 17
Ji'. _ - ru p is sa a1 r is u3 m m m-v' o u3 I s°
Agenda Information Memo
March 6, 2006 Eagan City Council Meeting
PUBLIC HEARINGS
A. PROJECT 938, NICOLS ROAD- SIDEWALK IMPROVEMENTS
FINAL ASSESSMENT HEARING
ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 938
(Nicols Road- Sidewalk Improvements) and authorize its certification to Dakota County
for collection.
FACTS:
• Project 938 provided for the construction of concrete sidewalk along the east side of
Nicols Road, from Pin Oak Drive to Cliff Road (CSAH 32). One commercial
driveway entrance was improved to current City standards as part of the sidewalk
improvements.
• The Final Assessment Roll was presented to the City Council on February 6, 2007,
with a public hearing scheduled for March 6 to formally present the final costs
associated with this public improvement to the affected benefiting properties.
• The final assessment cost is approximately 1.6% less than the estimated benefit
amounts that were presented at the Public Hearing which was held on July 18, 2006.
• All notices have been published in the legal papers and sent to the affected property
owner informing them of this public hearing. A written objection has not been
received to date.
ATTACHMENTS:
• Final Assessment Report, pagesO'l through.
-20
FINAL ASSESSMENT HEARING
PROJECT PUBLIC HEARING DATES
Number: Project 938 Assessment: March 6, 2007
Name: Nicols Road Sidewalk Improvements Project Approval Date: July 18, 2006
Final Feasibility Final Feasibility
Rate Report Units Rate Report Units
SANITARY SEWER STORM SEWER
❑ Trunk ❑ Trunk
❑ Lateral
❑ Service
❑ Lateral Benefit
WATER STREET
J Trunk ❑ Gravel Base
❑ Lateral ❑ Street Extension
❑ Service
❑ Multi Family Equiv.
❑ Lat. Benefit/trunk
❑ WAC ❑ CII Equiv.
H Driveway $8,458.48 $8,600 leach
OTHER STREET LIGHTS
❑ Service Pair ❑ Installation
❑ Energy Charge
Contract Number of Interest Amount Citv
Number Parcels Terms Rate Assessed* Financed*
06-09 1 10 Years 6.00% $8.600 F.R. $100,400 F.R.
$8,458.48 $120,601.29
(F.R. = Feasibility Report)
3q
Aftkk-
Cit of Eakan go
To: Mayor and City Council
From: Tim Plath, Transportation Engineer
Date: February 22, 2007
Subject: Final Assessment Roll, Project 938
Nicols Road- Sidewalk Improvements
At the public hearing on July 18, 2006, the City Council ordered Project 938. In accordance with the feasibility report,
sidewalk improvements were constructed along the east side of Nicols Road from Pin Oak Drive to Cliff Road. Additionally,
an existing commercial driveway was improved to meet current City standards. In the feasibility report, it was proposed to
assess costs of the driveway improvement to the benefiting property in accordance with the City Special Assessment Policy.
The improvements were completed under Contract 06-09. The following information was used in the preparation of the
assessment roll for Project 93 8.
1. PROJECT COST
The construction cost for Project 938 includes the amount of $91,707.33 paid to the contractors for the construction of the
improvements mentioned above. Other City costs including engineering, design, contract management, inspections,
financing, legal, bonding, administration, and other totaling $37,352.44 were incurred resulting in an improvement and
project cost of $129,059.77. The actual construction costs exceeded the feasibility report estimate by approximately $14,500
and the actual other city costs exceeded the feasibility report estimate by approximately $14,150. A summary of the costs is
as follows:
CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY
IMPROVEMENT COST COSTS COST REPORT
Sidewalk Construction $85,696.90 $34,904.39 $120,601.29 $100,400
Driveway Replacement $6,010.43 $2,448.05 $8,458.48 $8,600
Totals $91,707.33 $37,352.44 $129,059.77 $109,000
1
ASSESSMENTS
A. SIDEWALK IMPROVEMENTS
No special assessments for sidewalk improvements were proposed in the feasibility report, therefore, none
are proposed in this assessment roll.
B. DRIVEWAY IMPROVEMENTS AND ASSESSMENT RATE
The costs of the driveway improvements were computed using the following unit prices and
quantities:
UNIT EXTENDED
ITEM UNIT QTY PRICE COST
Remove Concrete Valley Gutter SY 19 $14.99 $284.81
Remove Bit Driveway Pavement SY 49.5 4.97 246.02
Bit Mixture for Patching TON 11.14 165.00 1,838.10
Concrete Curb & Gutter B618 LF 17 14.94 253.98
Concrete Curb & Gutter B612 LF 25 12.64 316.00
7" Concrete Driveway Pavement SY 72 42.66 3,071.52
SUBTOTAL $6,010.43
her costs @ 40.73% 2,448.05
Driveway Improvement Cost $8,458.48
The assessment rate for driveway improvements was computed at the full cost for the property with
the improved driveway.
C. ASSESSMENT TERMS
The assessments are proposed for a term of 10 years. The interest rate is 6.00% per annum on the unpaid
balance.
III. REVENUES (COST RESPONSIBILITY)
IMPROVEMENT ASSESSMENT CITY
IMPROVEMENT COST REVENUE RESPONSIBILITY
Sidewalk Construction $120,601.29 -0- $120,601.29
Driveway Replacement $8,458.48 $8,458.48 -0-
Total $129,059.77 $8,458.48 $120,601.29
2
41
CITY FUND AMOUNT
Major Street Fund $120,601.29
L~~Z4~ -0 im Plath, P.E., P.T.O.E.
Reviewed Review d
I LI
Public Works Department Finance De ` ent
Dated Dated
c: Thomas A. Colbert, Director of Public Works
Mike Dougherty, City Attorney
Sue Sheridan, Accountant I
Combined Assessment Roll
Project Number 1OP931
Proposed Pending
PID Addition Name House Nbr Street Name Assessment Assessment Variance
10-26900-010-10 Flour Bin International 1st 2140 Cliff Road $8,458.48 $8,458.48 $0.00
$8,458.48 $8,458.48 $0.00
Page 1 of 1
Thursday, March I, 2007
CLIFF ROAD
-
Q 2140 Cliff Road ✓ r
/
Or DOOLITTLES
Z /
i>> z
41
X/
'
O'yr
p
J N
Cn
LEGEND XP I N: 10-269010-010-10
D// Property to
be assessed
G:Feasibility Reports2006\Proj938 NICOLS ROAD SIDEWALK\2140 NICOLS 2-21
Nicols Road ( Pin Oak Dr. - Cliff Road )
~It~ Of Eno Sidewalk Improvements- Project 938 Fig. 1
Engineering Department Proposed Assessment - 2140 Cliff Road
Agenda Information Memo
March 6, 2007 Eagan City Council Meeting
B. LOTS 1 & 2, BLOCK 1, TERRA GLENN 3RD ADDITION
EASEMENT VACATION
ACTION TO BE CONSIDERED: Close the public hearing for the vacation of public
drainage and utility easement within Lots 1 & 2, Block 1, Terra Glenn 3rd Addition and,
continue for further consideration with the Terra Glenn Lofts Planned Development
Amendment and Final Plat.
FACTS:
• On January 17, 2007, City staff received a petition from Joel Larson, representative of
the property owner of Lots 1 & 2, Block 1, Terra Glenn 3rd Addition requesting the
vacation of all public drainage & utility easements within these lots, south of Yankee
Doodle Road and west of Coachman Road.
• Public easements were dedicated as part of the Terra Glenn 3rd Addition plat to cover
public water main along the common lot line of Lots 1 & 2.
• The purpose of the request is to allow development of the property as a single three-
story condominium building, in lieu of previously proposed two townhome buildings,
in the area of the proposed easement vacation. The public water main will be
removed as it will no longer be necessary with the proposed re-platting of the
property as one lot.
• The petition is intended to coincide with the Terra Glenn Lofts Planned Development
Amendment and the Final Plat approval dedicating replacement easements, also
scheduled for consideration by the City Council on March 6, 2007.
• Notices for the public hearing were published in the legal newspaper and sent to all
potentially affected and/or interested parties for comment prior to the scheduled
public hearing. Notices were sent to all the potentially impacted private utility
companies. No objections to the proposed vacation have been received.
ATTACHMENTS:
• Location Map, page V10
• Easement Vacation Exhibit, page.
r
ONE OAK ROAD
L-7/ 11
Q
O
Q
O
o
z
O
o Gj
Z PROPOSED VACATION
0
V
YANKEE DOODLE ROAD
~o Lj
o a
J Y
Lj W '
O
1
SILVER BELL RD. tWESCOTT
ROAD
O
Q
Y
U
3 /
DEERWOOD
DRIVE
C
Terra Glen 3rd Addition
Proposed Easiment Vacation Location 1/25/07
City of Eagan
1
YANKEE DOODLE ROAD
rDi
^~7 NC111-1 JNE OF TERRA GI:H .3AU ADUITION ---••---.3355.03 S89°44'16'E
......o'....; ..itO.U3... 215.OG. ......o. ...w. •.6.38
F DRAINAGE AND ^-ch.
UTIUTY EASENENY-_+' I. In* .
yTO BE VACATED. I
M I
GLENN
RRA o
r j E Y:I oy.~
2
h h
-a
3 rd J."" . ;
SbrswNACE ASE.
I !'-UTILITY EASEMENT=--. - - : .
-DRAINAGE AND—,
~l~•CIj t t1-r
UTY EASEMENT IID , •35'DC '
TO BE VACATED L 169.26 S89°44'16 E
1
_ o '54
45-00
` 81 st STREET
O
r
I
Easements to be vacated:
All drainage & utility easements over Lot 1 & 2,
Block 1, Terra Glenn 3rd Addition
o ap Terra Glenn 3rd Addition
/
Engineering Department Proposed Easement vacation
''t /
Agenda Information Memo
January 2, 2007 Eagan City Council Meeting
OLD BUSINESS
A. YANKEE DOODLE ROAD CORRIDOR & ACCESS MANAGEMENT
STUDY
ACTION TO BE CONSIDERED:
Continue consideration of the Yankee Doodle Rd Corridor and Access Management
Study to the March 20 Council meeting
FACTS:
• Dakota County and the City of Eagan have entered into an agreement to perform
a joint study of the County Rd. 28 (Yankee Doodle Rd) corridor from 1-35E to TH
149 to:
o Identify existing and anticipate potential future safety, mobility and traffic
operations problems
o Propose geometric improvements, traffic management controls and access
modifications that will mitigate existing and potential safety/operations
issues while achieving an appropriate balance between local access and
system mobility.
• Numerous open houses and public hearings have been held with significant public
input over the past 9 months. City and County staff have had follow up meetings
with many individuals and neighborhood business communities to address the
various concerns with access restrictions and possible alternatives.
• At the January 16 Council meeting, the Council reviewed the various preferred
alternatives for each of the 3 segments (West, Middle and East) and continued
consideration of reviewing the Final Draft Report until the March 6 Council
meeting. While the Final Draft Report is nearly complete, it would be best to
continue its presentation to the March 20 Council meeting to allow the Council to
receive comments from the County's Physical Development Committee, which
will review the draft report at their March 13 meeting.
TtY
Agenda Information Memo
March 6, 2007, Eagan City Council Meeting
A. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLAT -
TERRA GLENN LOFTS
ACTION TO BE CONSIDERED:
To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to
construct a single three story building containing 24 condominiums at property legally described
as Lots 1 and 2, Block 1, Terra Glenn 3rd, in the NW 1/4 of Section 16, subject to the conditions
in the APC minutes.
To approve (or deny) the Vacation of public drainage and utility easement within Lots 1 and 2,
Block 1, Terra Glenn 3rd Addition, in the NW 1/4 of Section 16.
To approve (or direct Findings of Fact for Denial) a Final Plat to combine two existing lots into
one property legally described as Lot 1, Block 1, Terra Glenn Lofts, in the NW 1/4 of Section 16.
REQUIRED VOTE FOR APPROVAL: At least three votes.
FACTS:
➢ The subject site is part of the Blue Cross Blue Shield East Campus Master Plan
➢ The Council approved a subdivision in 2003 to allow 12 unit townhome buildings on two
separate lots
➢ Access occurs from 8.15` Street via Coachman Road, South of Yankee Doodle Road
➢ The site has been graded and will remain generally as current
➢ The number of units are proposed to remain at 24, therefore the density will not increase
➢ The County Plat Commission has approved the final plat
➢ The Advisory Planning Commission held a public hearing on February 27, 2007, and
recommended approval of the single three story building containing 24 condominiums
ISSUES:
➢ The applicant is working with City staff to provide a reasonable amount and location for
the required recreational space
60-DAY AGENCY ACTION DEADLINE: March 17, 2007
ATTACHMENTS (3):
February 27, 2007 Draft Advisory Planning Commission Minutes on page
Staff report on pages5~_through~
Final Plat on page
Advisory Planning Commission Minutes
February 27, 2007
Page 7 of 11
D. Terra Glenn Lofts
Applicant Name:Yankee Doodle Properties
Location:Lots 1 & 2, Block 1, Terra Glenn 3rd Addition
Application: Planned Development Amendment
A Planned Development Amendment to construct a single three story building containing 24
condominiums.
File Number: 16-PA-02-01-07
Planner Schield introduced this item and highlighted the information presented in the City Staff
report dated February 21, 2007. She noted the background and history.
Chair Hansen opened the public hearing.
There being no public comment, Chair Hansen closed the public hearing and turned the
discussion back to the Commission.
There was discussion on the rear elevation and street name.
Member Heaney moved, Member Keeley seconded a motion to recommend approval of a
Planned Development Amendment to construct a single three story building containing 24
condominiums at property legally described as Lots Land 2, Block 1, Terra Glenn 3rd Addition,
in the NW '/4 of Section 16 subject to the following conditions as amended:
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office. The following exhibits are necessary for the
agreement:
• Final Site Plan;
• Final Building Elevation Plan;
• Final Tree Preservation Plan; -
• Final Landscape Plan;
• Final Lighting Plan; and
• Final Signage Plan.
2. The property shall be replatted into a single lot.
3. The building shall be constructed as shown on the Site/Plan sheets dated December 25,
2006, and received January 31, 2007.
4. The applicant shall fulfill tree mitigation requirements through the verification of the health of
fifty-eight (58) existing mitigation trees and the installation of four (4) Category B trees (or an
equivalent combination of Category A and/or Category C trees). Total tree mitigation is
calculated at sixty-two (62) Category B trees (or an equivalent combination of Category A
and/or Category C trees).
5. The applicant shall submit a revised Tree Preservation/Landscape Plan that shows the
correct placement of tree protection fencing required to protect existing mitigation trees.
Required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene
laminate safety netting), shall be installed at the Drip Line or at the perimeter of the Critical
Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site.
6. The applicant shall contact the City Forestry Division and set up a post- construction site
inspection to ensure compliance with the approved Tree Preservation Plan.
Advisory Planning Commission Minutes
February 27, 2007
Page 8ofII
7. As required by the City Code, the applicant shall provide 4,800 square feet of recreation
area on the subject property.
8. The building shall be construction in a manner to attain a 45 dbl interior noise level.
A vote was taken. All voted in favor. Motion carried: 7-0.
~l
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: February 21, 2007 CASE: 16-PA-02-01-07
APPLICANT: Yankee Doodle Properties, Inc. HEARING DATE: February 27, 2007
PROPERTY OWNER: U.S. Home Corporation APPLICATION DATE: January 17, 2007
REQUEST: Planned Development Amendment PREPARED BY: Sarah Schield
LOCATION: Lots 1 and 2, Block 1, Terra Glenn 3rd Addition
COMPREHENSIVE PLAN: SA, Special Area
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment to construct a
single three story building containing 24 condominiums at property legally described as Lots 1
and 2, Block 1, Terra Glenn 3rd Addition, in the NW %a of Section 16.
AUTHORITY FOR REVIEW
PD Amendment:
Chapter 11, Section 11.50, Subdivision 5 states, in part,
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
2. The Council shall not rezone any land in any zoning district or make any other proposed
amendment to this chapter without first having referred it to the planning commission for its
consideration and recommendation.
BACKGROUND/HISTORY
In 1981, the city approved a Planned Development for the property that encompassed a variety of
uses including Limited Business, Low Density Residential, Medium Residential and Park uses.
~O~
Planning Report - February 27, 2007
Yankee Doodle Properties, Inc.
Page 2
The subject site is part of Blue Cross Blue Shield East Campus Master Plan. Originally BCBS
had a plan proposing a total of 720,000 square feet of additional office space to be added from
2004 to 2015. In addition, approximately 25% of the 162 acre site will be devoted to
undisturbed area and predominately single family residential along the east and south perimeter
where the site is adjacent to single family residential. In 2002 a Preliminary Planned
Development was approved to incorporate the master plan which included medium residential
east of the existing campus south of Yankee Doodle Road and west of the City's Maintenance
Facility and single family residential south of the medium density development.
The subject site was approved as part of a larger subdivision in.2003, which created 54 single
family and 24 townhome units on 39.5 acres of property. The development was proposed to be
built in three phases, two single family phases and one townhome phase.
EXISTING CONDITIONS
The subject site currently consists of two platted parcels. The City is in receipt of an application
to plat the property into one single parcel as well as vacated the necessary drainage and utility
easements. The property has been graded and the storm water pond has been constructed per the
original approvals in 2003. The parking lot has also been installed.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use Designation
North Apartments R-4, Residential Multiple HD, High Density Residential
South City Maintenance facility PF, Public Facility QP, Quasi Public
East City Maintenance facility PF, Public Facility QP, Quasi Public
West Single Family PD, Planned Development SA, Special Area
Residential Homes
EVALUATION OF REQUEST
Code Requirements - The planned development approved the 12 unit townhome buildings on
two separate lots for a total of 24 units.
Proposal - The applicant, who is not the same applicant who originally platted the property, has
stated that due to changes in the market, the modification from two, 12-unit townhomes to a one,
24-unit condominium building, is necessary. The revised plan provides 50 parking stalls which
exceeds the required 48 stalls. This would include 22 surface parking stalls and 28 underground
parking stalls. The original approvals had 24 surface and 24 underground stalls.
Compatibility with Surrounding Area - The proposed density is consistent with the original
approval and the surrounding residential and public uses.
53
Planning Report - February 27, 2007
Yankee Doodle Properties, Inc.
Page 3
Bulk Standards - Simply for the purpose of discussion this proposal is reviewed under the R-4
(Residential Multiple) zoning district minimum and maximum standards. The townhome
approvals were reviewed under the R-3 (Townhouse) zoning district.
Setbacks - As the table below indicates the condominium proposal meets all of the
standard setback requirements. The ordinance requirements are listed below. Setback
requirements are not established in a Planned Development zoning.
Ordinance Approved Proposed
Front yard: Yankee Doodle 50 feet 54 feet 80 feet
Front yard: 81" Avenue 50 feet NA 116 feet
Side yard: east property line 30 feet 100 feet 148 feet
Side yard: south property line 30 feet 70 feet NA
Side yard: west property line 30 feet 50 feet 50 feet
Building Coverage - The R-4 zoning district allows for a maximum of 20 percent
building coverage. The condominiums propose a maximum of 8.3 percent coverage.
Building Height - Building height is limited to 60 feet in height. According to the
elevations the building height will be 38 feet, 1 inch in height.
Recreation Area - As mentioned later in this report, Skyhill Park was dedicated as part of the
original plat for this development. However, multiple-family complexes are required to have a
minimum recreation area based upon the number of bedrooms per unit. The proposed
development must have 4,800 square feet of recreation area. This area must be a minimum of
100 feet from the ponding area which is located on the east side of the property. The applicant
has not identified the recreation area on the site plan.
Landscaping - The townhome approval was reviewed under the R-3 district requirements, which
is the same as R-4 district requirements. The landscape plan with the approved tree preservation
plan to be discussed later in this report is satisfactory.
Grading/ Topography - The preliminary grading plan is acceptable. The site was graded with
previous development. Grades and slopes on the site will remain generally as current, with the
site sloping toward the east.
Storm Drainage The preliminary storm drainage plan is acceptable. The proposed development
will utilize the existing storm sewer in the northeast corner of the site which drains to the
existing water quality pond before discharging to Pond CP-2 to the east.
Utilities - The preliminary utility plan is acceptable. Existing sanitary sewer and water main of
sufficient size, depth, and capacity are stubbed into the site from the south for connection by this
development. The water main service will be modified to provide service to the one proposed
building. This modification will also require the vacation of public easement. The City Council
has received the petition for the vacation, and a public hearing will be held in conjunction with
Council consideration of this development proposal.
s4
Planning Report - February 27, 2007
Yankee Doodle Properties, Inc.
Page 4
Streets/ Access/ Circulation - Access to 815` Street to the south is proposed at two locations. 815`
Street will be extended west through the Blue Cross/ Blue Shield property to the west to serve as
an east-west collector roadway for the future development of the Blue Cross property.
Pedestrian circulation in the area is provided by a blacktop trail on 81St Street connected to the
City's trail system.
Staff suggests that City policy makers consider a name change for 815` Street. There are no
existing properties addressed off of 815` Street and Eagan has very few numerical streets.
Financial Obligation - At this time, there are no pending assessments on the parcel proposed for
this re-platting.
Tree Preservation - The subject property appeared before the commission in November 2003.
The following information pertaining to tree preservation is included below for review.
"Within the multiple-unit residential portion of this site there are fifty-eight (58) significant
trees. Individual tree size and species break down is as follows:
Species Avg Diameter Dia. Range Count Percent of Total
Black Cherry 9" 65)-14" 37 61.7%
Bur Oak 10" 7-16" 7 11.7%
Hackberry 8" 711-10" 6 10.0%
Red Oak 16" 14"-20" 3 5.0%
The balance of the tree inventory is comprised of ash, boxelder, elm, and poplar trees
averaging 12" in diameter.
The development as proposed will result in the removal of all fifty-eight (58) significant trees
(100.0 % of the total). According to the City of Eagan Tree Preservation Ordinance
allowable tree removal for this type of development proposal (single-phase, multiple-lot,
multiple-unit residential) is set at 47.5% of the total significant trees. With a proposed
removal greater than the allowable amount, there is required tree mitigation for this proposal.
Required tree mitigation calculates to sixty-two (62) category B trees, or an equivalent
combination of Category A or Category C trees."
Park Dedication - The Park Dedication for the entire Blue Cross parcel (including what is
proposed to be Terra Glenn) was satisfied through the dedication and development of what is
now Skyhill Park. No additional park dedication is required.
SUMMARY/CONCLUSION
The proposed amendment would allow the construction of a single three story building
containing 24 condominiums. With quality materials similar to those originally approved, the
proposed PD Amendment appears to be in keeping with the intent of the original approvals and
the zoning ordinance.
ss
Planning Report - February 27, 2007
Yankee Doodle Properties, Inc.
Page 5
City policy makers should give direction on a possible name change for 81 s` Street.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development Amendment to construct a single three
story building containing 24 condominiums at property legally described as Lots 1 and 2, Block
1, Terra Glenn 3rd Addition, in the NW 1/4 of Section 16. If approved the following conditions
shall apply:
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office. The following exhibits are necessary for the
agreement:
• Final Site Plan;
• Final Building Elevation Plan;
• Final Tree Preservation Plan;
• Final Landscape Plan;
• Final Lighting Plan; and
• Final Signage Plan.
2. The property shall be replatted into a single lot.
3. The building shall be constructed as shown on the Site/Plan sheets dated December 25,
2006, and received January 31, 2007.
4. The applicant shall fulfill tree mitigation requirements through the verification of the
health of fifty-eight (58) existing mitigation trees and the installation of four (4) Category
B trees (or an equivalent combination of Category A and/or Category C trees). Total tree
mitigation is calculated at sixty-two (62) Category B trees (or an equivalent combination
of Category A and/or Category C trees).
5. The applicant shall submit a revised Tree Preservation/Landscape Plan that shows the
correct placement of tree protection fencing required to protect existing mitigation trees.
Required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene
laminate safety netting), shall be installed at the Drip Line or at the perimeter of the
Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved
on-site.
6. The applicant shall contact the City Forestry Division and set up a post- construction site
inspection to ensure compliance with the approved Tree Preservation Plan.
7. As required by the City Code, the applicant shall provide 4,800 square feet of recreation
area on the subject property.
Eagan Boundary
N Right-of-way
Location Map Pareel Area
Park Area
Building Footprint
4w End
- 111
f- so
1 S1
S o ► '1! 1
of -49
y4~ ® -a ° 7 s O ® '
II 11®f o
1111110/ ~ ?z o Us J ~A-w f
IN;
g
0 K
C
~VI ALA
O• Sub'ect Site
ilk
r , sw 4. i
c e
r b`
~ e A
EP-4 s ae, a
o's ®t ! a •
R a
I e
V 4a 4
a
a I
(ca
~ am rr ~ ~
a 4• ® :
® ' t c> cm t ~ e
e d ® ~ ~ d~J ~ ~~c•
s a
ke M,
1000 0 1000 2DD0 Feet
Development/Developer. Lots 1 and 2, Block 1, Terra Glenn 3rd Addition
Application: Planned Development Amendment
Case No.: 16-PA-0201-07
Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided N
by Dakota County Office of GIS and is current as of April 2005.
City of Ea jaIl 5 rl 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 Davolopment DapaKment not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan Terra Glenn Lofts
Land Use Map Planned Development Amendment
16-PA-02-01-07
R-3
Zoning Map
® ®N
R-4 RD
R-3
i'
Current Zoning: ,{r R, P
r
R-4
PD k43
A
177 d Development Location LB
PD
R-4
A
CW NW RO /l0 . m DOOOLt RodD)
R-4 p~~ ~1p
PF W 5°®
PD PD R-3~
PF .3
PD 96oi EE)
0
D 600 1200 FOOL
I
Comprehensive Guide Plan 'ND LD MD~®
Land Use Map ®®om SA
~MO
LD HD a
MD
=off
LD
o~ a P
IND
s mfif
Current Land Use Designation: a HD SA
m
Location IS
ors &
SA No
r7
COUNTY R DOOpLE Rp11Dl
Area
OP D 41 H
SA
Ors ~o
aP QQ77
6 Ydoa
D C
0 600 1200 Fest n
P.-I baw map Wermatioa provided by Dakeb Ceunty Land Survey Department Decmber 2005. N
Zoning Information maintained by City Stan.
City of Eaku v 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. S
ESEL-NV51L =-1
s5U98£ISI4 J '
9 pams 1'QOSPn ->ots n-SIH ~osauuiw`uu2 % LOOZ I£ f
~ ~.lE[t[IQ b-C-7 i ~ ~ ~ 1~11~ YITS a~,wg I>z go*IR-v 100AS 1S I8 ~..a..~..YP "0-.OZ = u I I I I I H
s.iL~j sgo7 uaaiE) E.ua L w.w Matna~ ~i~ mid alts a w
I _
I
t,,O~,LZ*OON' ..70'5LZ
- - - - - - - -
- - j
I. -movaL3sAe d'6Z8 = LW I I j
-----------7
, I r I
4 - ya
_ 1 WI I I Y'0
I
lT1M ~JNINIVI3H °JNLLSIX3 = i+,\ 7I Ic LLi
II , u ice' I ~rv I ~l'
z
2t ~ I I I 1 N N
LLJ
it j TI i I I 7 ~ -
H ,r I NN I 1 1 ~Q Z I I _.1, ~~y~mO I (n l~yy ~ ~
I 1' 1 \ I
I I p I I
I - -
I ~ A,oz ~ I ' H a ~E
449
-3d0 '3NWOZ'lZPT7tit N0~.0-8 ''t J,,~,%~ j•~1
I N06a13s
v.
L -
3
---;W3
1N3W3S /
I' .W'lllfl Al
- - -
h~,d)£,LZ,k00ry ,t71'LOZ
flag
M1,
21 . h - -
zmu
3g~
H WE
a ,
Ns R In
NOLLVA IA
~A
Q~1
R
f
I - LEA
Al
s
-1
r,
~ ( S
55£L99VCIL:3mJ
SS£L98£/SIL a7 I I O
9 WA IM d 911
slosau e~. • LOOZ ` T £~n-t 1 SI w
~>snAm sl laa>:3S lsi8
Dl,i M
SUO'I ua219 Bu31 W°~ < nnatna2I 14!3
Suo3;8naig JOL., g
i
i l 3 I. f
❑ u '
i pi ® r
s 1,11,
I s ' I
!I r I;
r I l h l P -
I
1 C)
I' O I I I - - o ~
I ~ v+J
ao a 13.0,~~
I I I~ I I' O
o
Qg
l
al s
❑ I aj i
j O
I I i
~ I Ili
I u _ • r..+
~ w 1 11 Al
v~
NV Id -JcJV,),-3(-INV I
'S3LL2i2dO2ida TIQOOQ 3aXfNx m m \
S~A3nanS / sa?3rv~rl3 / Sa3NNYld Nv'Id Bdv~SQPCV'I IVrII,3 = s ~ry o n `
-oul `111H 'H SOMP ` ` 1 st~oZ .xri ~ vxx~t °
p .p YY :a g
r" iu
Yz ri j
a; ~~fw s
YesG~ x z
t kong Ni.F a gs r~ W-
3
~s s
ttle
is
M ~d it y`} 1-52 r-7 ;iil 3 *Veil
xr~ Milk K
i rw 'gg i 9 6d • 3f *ar ^ ~i
3
w A
p cr
3 -
Z.
^z -
C~T
f ~ se3
Elf
a ~ - _t u • .4;4',x'
w n - - e 9i
F-
'lit
~P z~g 5,~3-
.c ~,ya
o
Z
oZf oo°'°
f
3
V
Z -
N
X
L
nn-~irW r nr ~ i zu ZrOSS M 'Or SS S4K:
. Ar ,.n -nom. ` oHI S3LL2IId0~Id mmoa azxmvx m _
r wp x.:+r a a ~ a.o:a.:.,
sammans / sa33NON / sa3Nrrcid Ntl Id HoLLVOLLIT[ 3 L rIVNM oa s oa y _ m
v
MI 'IM 'H s8wef
P
F ~ ^ vi
'9 1
!H
r,~.~cv ~ ~oy Y
:c
8
E
r _
2
n s
N
W
'._:axF S _
U
v ¢ -
o _
r~s - g\R s
1=
~ i
W
_ m
'
U
U
2
rn
X
W
nr w t ur/: - r+a ill-_ lt..
STOCKHOLM SERIES Small Luminaires EMOTIOLIE Architectural Lighting
'X21NlTEi LENS CHOICE
_ r
22"w 22"W 22"w 22"w
15"h 17.5"h 21"h 24.5"h
ES22ST GCF
ES22ST GCSG
I ES22STACHS
ES22ST ACD
ARM MOUNT
Cast aluminum for connection to arm
QUICK-DISCONNECT PLUGS
E BALLAST HOUSING
Cast aluminum
BALLAST ASSEMBLY
Mounted on removable aluminum plate
PORCELAIN SOCKET
Medium base
~~-REFLECTOR HOUSING SKIRT
Spun Aluminum
F FULL CUTOFF REFLECTOR
Anodized and segmented
FLAT OR SAG GLASS LENS
ACRYLIC HALF SPHERE OR DROP GLOBE
Mounted on hinged aluminum ring with
captive screw
Note: Lamp is not furnished with the /uminaire.
Somple cotatog no: ES22ST 150M MED GCF SR2 TBI SF ANBK
7ES22ST eries Waltage/Lamp Lens Material Distribution Voltage' Options Finish'
Metal Halide GCF Glass. Clear Flat SR2 IES Distribution TBl 120 volt HS: House Side Shield ANBK Black
50M MED GCSG Glass, Clear Sag SR3 IES Distribution TB2 208 volt SF Single Fusing ANDB Dark Bronze
70M MED ACHS Acrylic, Clear Half Sphere SR4SC IES Distribution TB3 240 volt DF Double Fusing ANDG Dark Green
100M MED ACD Acrylic, Clear Drop Globe SRSS IES Distribution TB4 277 volt ANPP Prime Fainted
150M MED 347 347 volt CM Custom Match
175M MED CS Custom Select
High Pressure Sodium RAL colors
35S MED
50S MED NOTES:
70S MED 1. Multi-tap Ballast (120.208, 240, 277v), (720, 277, 347v in Canada). For wafr- T 7~ [ F 7 Sl1 +,.~~t Lamps-
150S 100S MED ages under 70S or 70M contact ASL for voltage avallobuty. ~ tJ a 2. Hs house side shield is not available with distribution option SR5S or SR4SC. AL V
1 1
IVIED 3. For finish and color options, see Finish section in catalog or contact ASL
ES22-2 Q
YANKEE DOODLE PROPERTIES, INC.
12415 - 55'h Street N.
Lake Elmo MN 55415
January 17, 2007
Pamela Dudziak, Planner
CITY OF EAGAN
3830 Pilot Knob Road
Eagan MN 55122-1897
Re: Planned Development Amendment,
Terra Glenn Td Addition
Dear Ms. Dudziak:
Yankee Doodle Properties, Inc. ("Applicant") hereby submits its written narrative in
support of a planned development amendment for the property currently described as
Terra Glenn 3`d Addition.
The property is located west of the intersection of Birch Pond Road and 81St Street.
Currently, the site is approved for the construction of 24 condominiums located in two,
12-unit buildings of two stories each in height. Each building contained its own
underground parking structure, with surface parking created for overflow. Surrounding
land uses include: (1) single-family detached homes in the Terra Glenn subdivision to
the east and southeast of the property; (2) the campus of Blue Cross/Blue Shield directly
south of the property; (3) Yankee Doodle Road and residential multiple (apartments) to
the west of the property; and, (4) City-owned property and storm water ponds to the
north and east of the property.
The Applicant desires to amend the existing land use to construct 24 condominiums in a
single, three-story structure above an underground parking garage containing 28 stalls.
Each floor of the structure will contain 8 condominium units. At-grade surface parking-----?
will also be constructed permitting the parking of 23 additional vehicles on the site. The
Applicant anticipates commencement of construction immediately following approval of
the planned development amendment and receipt of all applicable permits. Construction
would be continuous, with completion approximately ten months after commencement.
The building will be of wood-frame construction above a poured wall foundation with
concrete plank (garage structure), with exterior finishes of the building including
significant percentages of cultured stone and hardiplank. Surface parking will be
significantly screened to limit views from adjacent roadways and surrounding uses.
The amended use proposed will have little impact on surrounding land uses from that
which existed with the existing plan. Density and land use on the site remains the same
as the number of residential condominium units remains unchanged. Although the
height of the building will change, the increased height will also be spread over a larger
building footprint, which reduces the visual effect of the increased height. Overall height
will be compatible with the apartment structures to the north of the property.
`f
The Applicant believes the amended use results in a better land use and has less impact
on City storm water run-off. By concentrating the same number of condominium units in
one structure vs. two, the Applicant will be reducing roof surfaces overall, thereby
reducing "shedding" of rainwater on the property. Surface parking will be concentrated
also on the south side of the structure rather than surrounding two structures that will
result in less hard surface overall. Similarly, less of the existing surface will be disturbed
through the excavation of a single building, also improving storm water run-off.
The overall reduction in storm water run-off is, in the opinion of the Applicant, the most
significant benefit to the public arising from the proposed amendment.
gms bN 'ONG LN11Y4 134114 mw 9"" W `
Sb0A3ANf15 / SN33NpN3I S?13NNtlld 1 MOLLYOVA HYCI ~3 aaSOcIOUd = o~ UP ° ya W
'3ul `IPIH 'a Ste' sa~oz"xx~ vxx. " -
~ g
Sg E y
~ - g = pO pmm <
p~ v) •l~ IL~B•` I 3~ 8+ Z^ Feel O°
x ~ c~ wag „s LU
°
~ 'o •'s3 ~o
~T a a
e ~S
t
I i I ~ a
I I
- _ L I ~ •I - I ~ M Of1Z.00N ZO'SLZ - -
J, `q 1
;'I in I ~a A :p
ml - C] Y I I_; as N
- - - - - - - - - - - - - -
:1 any °
t_ 91 q _ C] ~ i I
f
~ r M.OC.LZ•OON Yl'LOZ
I
~ I o
I I
I I
I I I -
I ~e
CL-
7r3
Agenda Information Memo
March 6, 2007 Eagan City Council Meeting
B. REZONING - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve (or direct Findings for denial) a Rezoning of 3.73 acres from T, Transitional
to R-3, Residential Townhouse, for part of Lot 3, Auditor's Subdivision No. 38, located
at 3401 Hwy. 55 in the NE'/4 of Section 12.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ On January 16, 2007, 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 MD, Medium Density.
➢ There is no new use or redevelopment proposed at this time. The owner has recently
ceased the commercial use and put the property on the market for sale or lease.
➢ The proposed R-3 zoning would make the commercial use non-conforming. As
such, the commercial use of the property can be reestablished within one year,
provided it is consistent with the prior use and scope of use as a contractor's yard. If
the commercial use of the property is inactive for one year or more, any new use of
the property would have to conform to the R-3 zoning.
➢ The Advisory Planning Commission held a Public Hearing on February 27, 2007,
and is recommending approval of the rezoning.
ATTACHMENTS: (2)
Draft APC Minutes on age
Staff report on pages through
Advisory Planning Commission Minutes
February 27, 2007
Page 1 of 11
MINUTES OF A REGULAR MEETING OF THE
EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
February 27, 2007
A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, February
27, 2007, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members
Chavez, Keeley, Feller, Jensen, Heaney, and Dugan. Also present were, City Planner Mike
Ridley, Planner Sarah Schield, Planner Pam Dudziak, Assistant City Engineer John Gorder, City
Attorney Bob Bauer, and Recording Secretary Camille Worley.
AGENDA
Member Feller moved, Member Keeley seconded a motion to adopt the Agenda.
A vote was taken. All voted in favor. Motion carried 7-0.
January 23, 2007, ADVISORY PLANNING COMMISSION MEETING MINUTES
Member Hansen requested the following amendments:
Page 3: It was the consensus of the Advisory Planning Commission to approve the Interim Use
Permit for a period of five (5) years and to allow storage of a total of 47 vehicles.
Page 5: John Tapper, Gopher Resources, shared a brief t#e history of Gopher's presence in
Eagan and discussed the compost site.
Member Heaney moved, Member Chavez seconded a motion to approve the January 23, 2007,
Advisory Planning Commission Meeting minutes as amended.
All voted in favor. Motion carried 7-0.
III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT)
There were no visitors who wished to be heard.
IV. PUBLIC HEARINGS
A. Schaaf Property
Applicant Name:City of Eagan
Location:3401 Hwy 55; part of Lot 3, Auditor's Subdivision No. 38
Application: Rezoning
A Rezoning of approximately 3.73 acres from (T) Transitional to (R-3) Residential
Townhouse.
File Number: 12-RZ-01-01-07
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated February 22, 2007. She noted the background and history.
Chair Hansen opened the public hearing.
L
Advisory Planning Commission Minutes
February 27, 2007
Page 2of11
John Cina, 3402 Highway 55 stated the property as it is currently used fits the area and stated
objection to the proposed rezoning.
Vern Schaaf, 520 Chapel Lane, stated he is one of six owners of the family business. He stated
he was assured by City staff that the property could be leased or sold and used as-is, which is a
comfort to him because the buildings are well-maintained and should not have to be removed
before the end of their useful life.
There being no further public comment, Chair Hansen closed the public hearing and turned the
discussion back to the Commission.
City Planner Ridley explained that the use of the site can continue indefinitely as a non-
conforming use, provided the intensity remains the same and the use is generally consistent
with the Schaaf operation. However, if the site sits idle for a year, re-use would need to be
consistent with the R-3 zoning.
Member Dugan stated he visited the site and agreed that the site and buildings are in good
shape.
Member Heaney moved, Member Keeley seconded a motion to recommend approval of a
Rezoning of 3.73 acres from Transitional to R-3 Residential Townhouse for part of Lot 3,
Auditor's Subdivision No. 38, located on` the south side of Highway 55 just west of Louis Lane in
the NE % of Section 12.
A vote was taken. All voted in favor. Motion carried: 7-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: February 22, 2007 CASE: 12-RZ-01-01-07
APPLICANT: City of Eagan HEARING DATE: February 27, 2007
PROPERTY OWNER: Schaaf Family, LLC PREPARED BY: Pamela Dudziak
REQUEST: Rezoning
LOCATION: 3401 Hwy. 55
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 3.73 acre parcel (Auditor's Subdivision No. 38) located on the south side of
Hwy. 55 just west of Louis Lane in the NE 1/4 of Section 12.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subdivision 5 states, in part:
1. The provisions of this chapter maybe amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote 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 1972. In 1973, Council minutes show the Eagan Town Board approved a
Rezoning of the property from A, Agricultural to C-2, Heavy Commercial and a CUP for
construction of commercial buildings as previously approved in 1972. The property has operated
as a contractor's yard since that time.
91
Planning Report - 3401 Hwy. 55 (Schaaf Property)
February 27, 2007
Page 2
A review of past zoning maps shows that in the 1960s and early 1970s, the property was zoned
Residential. In 1976, the zoning changed to GB, General Business, which it remained until
October 2002 when the City rezoned the property to T, Transitional.
The subject site has historically had a residential land use designation. In 1988 the land use
designation was D-III, Mixed Residential (6-12 units/acre) and prior to that it was R-I,
Residential. With the 2000 Comprehensive Plan Update, the property was guided MD, Medium
Density residential (4-12 units/acre). In order to allow the use on the property at the time 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).
The property owner has recently closed the business and put the property on the market for sale
or lease. With a similar situation at 3206 Sibley Memorial Highway recently, the City Attorney
advised that due to the inactivity of the site, the City should rezone the property to conform to the
Comprehensive Guide Plan designation. With the existing commercial business having ended 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 January 16, 2007, the City Council directed staff to initiate the
rezoning process.
EXISTING CONDITIONS
The site contains a house and three commercial buildings. Access to the site is provided to
Highway 55 via Louis Lane to the east. The site also contains underground fuel tanks and a
limited amount of outside storage for commercial vehicles such as backhoes and dump trucks. A
double row of mature evergreen trees buffer the site to the south and west.
EVALUATION OF REQUEST
Compatibility with Surrounding Area -The site is adjacent to the Crane Creek townhome
development. Other properties south of Hwy. 55 are zoned R-1 and developed with single-
family homes.
There is no development proposal at this time. Under the existing T, Transitional, zoning, the
use of the property as a contractor's yard could continue, provided it is operated consistent with
the previous contractor's yard and vehicle/equipment storage.
The proposed rezoning to R-3, Residential Townhouse, would make the contractor's yard a legal
non-conforming use. As such, the same type of use and intensity may still be allowed, subject to
the City's non-conforming uses ordinance, but the R-3 zoning would better inform the public of
the intended use of the property.
c~
Planning Report - 3401 Hwy. 55 (Schaaf Property)
February 27, 2007
Page 3
Comprehensive Guide Plan - As mentioned previously, the Guide Plan designation for this site
has been residential since 1975. First as R-I Residential Single (0-3 units/acre), and later D-III,
Mixed Residential (6-12 units/acre). Since the 2000 Comprehensive Guide Plan update, the land
use designation has been MD, Medium Density residential (4-12 units per acre). Crane Creek
Townhomes to the west carries the same MD designation, while other surrounding land is
guided LD, Low Density residential (0-4 units/acre).
In 2002, the subject property was rezoned from GB, General Business to T, Transitional.
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
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 is within 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 of a Rezoning of 3.73 acres from Transitional to R-3 Residential
Townhouse for part of Lot 3, Auditor's Subdivision No. 38, located on the south side of Highway
55 just west of Louis Lane in the NE'/4 of Section 12.
~3
Eagan Boundary
Parce Area
Location Map ~Park;rea
- Building Footprint
o
0
s
t
L® -
v le
WY. Sub•ect Site Y
NO. J3 ' Q •e
~a
A ® -
-M ::Zj
+p~ * li P amtsrNu
® .10 • . asI ■
ceee-o _ +a
4 ' 1
1 ♦ ~gYg
a a~ s ~.1
Ale - a. •OWf a 8 t t
A
a
x
e s! s
aaein® so
o ~ ~ ` ti e dl ~
S
` ® pCEE DOODtL aW
Me' Q
1000 0 100D 2000 Feet
Development/Developer. City of Eagan (3401 Hwy. 55)
Application: Rezoning
Case No.: 12-RZ-01-01-07
ttap Prepared using ERSI A,.M.w 9.1. Parcel base map data provided N
by Dakota County Office of GIS and Is current as of April 2005.
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
City of Eoj~- W E
The City o Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Development Department not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan
Land Use Map City of Eagan (Schaaf, 3401 Hwy. 55)
Rezoning
12-RZ-01-01-07
Zoning Map A
PD p
as PD
Mraa uwr. No.
Location
G
Current Zoning: a
NB
. ~ ~ PD
T y} R•1 T
Transitional shy R-3
R1
R-1 P
P
1-1
600 0 600 1200 Feet
Comprehensive Guide Plan
I J-
Land Use Map
RC SA_
o/s
1LWK ft,,, . Sp- a LD-
s. ~
Location
LD a
0
RC
ar r In u!
Ora
t MD >Aa_ C O c
Current Land Use Designation: LD
MD
4
0
MD
Medium Density
p P
IND p
600 0 600 1200 Feet
Abbe Parcel base map information provided by Dakota County Land Survey Department Decmber 2005. N
Zoning information maintained by City Staff.
City of Dian S WE
THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this information. S
lu,
f p Z14 , .
f w~ Al
IE'
1'• ~ `ms's ~ ~ + 4'~s. = ~
~..eLis ~ , ~ _ ' F .f-Yf of-~ l ~ ' ~ ,,,,i- °Y"~.- ri':='~
~ 1•. •~i V'~~""~ idr - t~ 7Sf 4 yr q.M "YY..
n, a a,t
IAA-j
- ~ ~Y J., ~ rS it ~4~'~"
i
°
"Z i a~, "3 *v~~ j' Y
tf:
~tA
, - A-M
_ 4g ~ }"~w I~ t• ~ d jt~. '!fit .T
- ~ v` a-t r LS ~1' y ' I 1 .1t"- lJU'
Agenda Information Memo
March 6, 2007, Eagan City Council Meeting
C. INTERIM USE PERMIT - SOWLES PROPERTIES
ACTION TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) an Interim Use Permit for outdoor storage
including trucks, semi-tractors and trailers, steel beams, a 113-foot tower crane, crane parts and
other construction equipment at 3045 Sibley Memorial Highway in the NW '/4 of Section 9;
subject to the conditions in the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ This request is an extension of an existing Interim Use Permit that was approved in 2004.
➢ A five-year term is proposed for this Interim Use Permit; the prior permit carried a three-
year term.
➢ Sowles Properties consists of affiliated companies Sowles Company (steel erector),
Northwest Tower Cranes (crane rental and service and Valley Building Products, Co.
(material supplier). In addition, Sowles leases to other tenants who will also utilize some
of the outdoor storage area.
➢ Proposed outdoor storage items include trucks, semi-tractors and trailers, the tower crane
and crane parts, steel beams, and other construction equipment.
➢ A detailed site plan identifying the various storage areas and items to be stored has been
submitted and is included in the staff report.
➢ The Advisory Planning Commission held a public hearing on February 27, 2007, and
recommended approval of the Interim Use Permit for a term of five years.
ISSUES: None
60-DAY AGENCY ACTION DEADLINE: March 18, 2007
ATTACHMENTS (2):
Draft APC Minutes on age G
Staff report on pages we through '5_
1117
Advisory Planning Commission Minutes
February 27, 2007
Page 3 of 11
B. Sowles Properties
Applicant Name:Sowles Properties
Location:3045 Highway 13; Part of Government Lot 2, Section 9, Township 27, Range 23
Application: Interim Use Permit
An Interim Use Permit to allow outdoor storage of construction equipment, materials, trailers,
and tenant vehicles.
File Number: 09-IN-01-01-07
Planner Dudziak introduced this item and highlighted the information presented in the City Staff
report dated February 22, 2007. She noted the background, history and that the request was a
continuation of the previously approved IUP.
Applicant Dan Sowles stated he was in agreement with the staff report and was available for
questions.
Chair Hansen opened the public hearing.
There being no public comment, Chair Hansen closed the public hearing and turned the
discussion back to the Commission.
There was discussion on the previous application for this property and the suitability of the site
for the current uses.
Member Keeley moved, Member Heaney seconded a motion to recommend approval of a five
year Interim Use Permit to allow outdoor storage of a 113-foot tall crane, equipment, materials,
and tenant vehicles associated with a site plan dated January 29, 2007, on the 24-acre site,
Part of Government Lot 2, Section 9, Township 27, Range 23, located at 3045 Sibley Memorial
Highway subject to the following conditions:_
1. The Interim Use Permit shall be recorded at Dakota County Recorder's office within 60 days
of it approval by the City Council.
2. The permit shall terminate March 6, 2012 (a five-year term) .
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. If any type of aggregate surfacing is used for the outdoor storage areas, the site will be
subject to periodic review by city staff for adequacy of the material to control dust and
drainage. The first review will occur two years following approval of this permit. If the
material is determined to be inadequate, the City will require that it be replaced with
bituminous asphalt.
5. All parking and storage areas shall be properly maintained to prevent deterioration.
6. The outdoor storage items shall be limited to what is provided for with the site plan
dated January 29, 2007.
7. A more detailed plan for Area #6 shall be submitted for review and approval by the
Fire Marshal.
W
Advisory Planning Commission Minutes
February 27, 2007
Page 4of11
8. Trash receptacles shall be kept either inside the building or within an enclosure
constructed according to City Code.
9. Upon recording the Interim Use Permit, all other Interim or Conditional Use Permits
for the property shall terminate.
A vote was taken. All voted in favor. Motion carried: 7-0.
~I
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: February 22, 2007 CASE: 09-IN-01-01-07
(Revised March 1, 2007)
APPLICANT: Sowles Properties HEARING DATE: February 27, 2007
PROPERTY OWNER: Laurence Sowles, APPLICATION DATE: January 17, 2007
Sowles Properties
REQUEST: Interim Use Permit PREPARED BY: Pamela Dudziak
LOCATION: 3045 Sibley Memorial Hwy
COMPREHENSIVE PLAN: IND, Industrial
ZONING: I-1, Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval of a five-year Interim Use Permit to allow outdoor storage
of equipment, materials, trailers and vehicles and a yard tower crane, associated with a site plan
on the 24-acre site, located at 3045 Sibley Memorial Highway, legally described as Part of
Government Lot 2, Section 9, Township 27, Range 23.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use
permits for an interim use of property if
1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation
for the property site on which the use is located and the use conforms to the bulk and
performance standards of the zoning regulations herein;
2. The date or event that will terminate the use can be identified with certainty;
3. Permission of the use will not impose additional costs on the public if it is necessary for
the public to take the property in the future; and
4. The user agrees to any conditions that the Council deems appropriate for permission of
the use; and
Planning Report - Sowles IUP
February 27, 2007
Page 2
5. The use meets the standards set forth in the zoning regulations herein governing
conditional use permits.
City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
4. Will be served adequately by essential public facilities and services, including streets,
police and fire protection, drainage structures, refuse disposal, water and sewer systems
and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the
Planning Commission and the Council may attach whatever reasonable conditions they deem
necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value
of other property within the district, and to achieve the goals and objectives of the
Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require
such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in
connection therewith are being and will be complied with.
SI
Planning Report - SowIes NP
February 27, 2007
Page 3
BACKGROUND/HISTORY
The subject site has been known as the Lull Industries property, and was acquired by Sowles
Properties Limited Partnership in December 2002. The main building was constructed in 1957.
It appears outdoor storage has been part of operations at this location since the site was
developed; however, a Conditional Use Permit (CUP) for this storage was not obtained until
1994. The 1994 CUP was issued for Lull Industries for outdoor storage of parts and equipment
related to Lull's fork truck manufacturing operations.
In February 2004, Sowles applied for an Interim Use Permit for outdoor storage of a 113-foot
tower crane, equipment, materials and vehicles at this site. The City approved the ]UP in May
2004 for a term of three years. Prior to approval of the Interim Use Permit, Sowles had sought
the same approval via a Conditional Use Permit, however, that request included a setback
variance and the City Council denied both the Variance and the Conditional Use Permit for the
tower crane and Sowles withdrew the Conditional Use Permit request for the other outdoor
storage.
EXISTING CONDITIONS
The site is largely encompassed with outdoor storage of miscellaneous items. The items include
trucks, trailers, and cranes, fork trucks, tower sections, steel beams, etc. The existing buildings
are surrounded with various outdoor storage areas. Tenant parking is located in front of the main
building along Highway 13.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existin Use Zoning Land Use Designation
North Park P, Park P, Park and Recreation open
space
South Industrial I-1, Limited Industrial IND, Industrial
East Hwy 13, Single R-1, Residential Single LD, Low Density residential
family residences
West Single family home I-1, Limited Industrial IND, Industrial; P, Park and
and Park uses P, Park Recreation Open Space
EVALUATION OF REQUEST
Compatibility with Surrounding Area - The site has had miscellaneous items stored outdoors for
many years. The present request is for equipment and vehicles associated with the Sowles
operation. Sowles Properties Limited Partnership includes the following affiliated companies:
Planning Report - Sowles NP
February 27, 2007
Page 4
Sowles Company (steel erector), Northwest Tower Cranes (crane rental and service), and Valley
Building Products, Co. (material supplier).
The yard tower crane is 113 feet tall and due to its size and profile, the tower crane cannot be
screened. The compatibility of the proposed outdoor storage uses and crane is a policy matter for
City Officials to determine.
Site Plan - The applicant proposes outdoor storage in various locations throughout the site. No
new landscaping is proposed. Trash receptacles should be kept inside a building or within an
enclosure constructed according to City Code standards. The submitted site plan breaks the
property up into six areas. Each area has certain items associated with it. Areas 1-5 serve
Sowles and Northwest Tower Crane for their own operations. Area 6 serves other tenants.
AREA PROPOSED STORAGE ITEMS
1 Short Term Parking - 40 units up to 14 feet tall. Boom trucks, semi tractors, trailers,
jobsite office trailers, truck cranes, rough terrain cranes, fork trucks, man lifts, pick-ups
and service trucks. Vehicles coming and going on a daily/weekly basis.
2 Rental Equipment - 400 individual stored up to a maximum of 40 feet high. Tower
crane components, cabs, tower sections, jib sections, and machine decks.
3 Rental and Contracting Equipment - 200 individual pieces stored up to a maximum of
40 feet tall. Stiff le derricks, trailers, tower sections, and steel beams.
4 Rental and Contracting Equipment - 300 individual pieces stored up to a maximum of
32 feet tall. Shipping containers, electrical cages, bolt boxes, crane mats, man baskets,
tower crane components, cabs, tower sections, jib sections, machinery decks, and steel
beams.
5 Short Term Rental and Contracting Equipment - 20 units up to 16 feet tall. Short-term
storage of cranes, crane components, and construction equipment as described above.
Locked cages for propane and acetylene tanks. Possible parking for future building
tenants.
6 Main Outdoor Storage Area - Short-Term Tenant vehicle parking, including trucks,
trailers and construction equipment.
The request also includes a 113-foot tower crane at the north end of the property to assist with
loading and unloading of crane components and other equipment onto trucks. According to the
applicant, this type of crane "is essential to our operation because it is the most efficient and safe
way to handle heavy components and properly store them." Mobile cranes lack the required
radius coverage, require set-up and dismantle time and are usually at another job site. The crane
is painted a light blue color, same as the monopole cellular towers in the area. The base of the
crane is secured to prevent unauthorized access.
There are no specific provisions in the City Code that apply to the proposed crane. As with the
previous Interim Use Permit, the proposed crane is addressed as one element of the outside
storage, and is subject to the City Code standards for outdoor storage. In addition, the APC and
City Council may attach other reasonable conditions deemed necessary to mitigate adverse
73
Planning Report - Sowles IUP
February 27, 2007
Page 5
impacts, protect the value of other properties in the district, and achieve the goals and polices of
the Comprehensive Guide Plan.
Airport Considerations - Section IV of the Minneapolis St. Paul International Airport Zoning
Ordinance, Airspace Obstruction Zoning, defines protected airspace areas. The subject site does
not fall within a Land Use Safety Zone according to Minneapolis St. Paul (MSP) Zoning Map
Safety Zones Plate SZ-29.
The airspace obstruction zone is an imaginary conical surface extending upward and outward at a
specified slope for a distance of 4,000 feet measured radially outward from the periphery of the
airport as defined in the MSP Airport Zoning Ordinance. The airspace obstruction zone that
applies to the subject site prohibits structures higher than 220 feet, or approximately 1,000 feet
above sea level. The surface elevation at which the crane will be located is approximately 755
feet above sea level and the crane is 113 feet tall, which is an approximate height of 868 feet
` above sea level. As such, it is within the permitted structure height allowed in the airspace
obstruction zone and does not require additional restrictions.
The subject site is within Airport Noise Zone 4. As an industrial land use, the proposed activity
is permitted within this zone.
Eng~ ineeringiComments - The applicant is proposing to maintain the storage areas labeled as
Areas 2, 3, and 4 with conventional gravel aggregate surfacing. The applicant is not proposing to
construct the perimeter of the outdoor stage areas with concrete curb and gutter. City code
requires that all off-street parking and storage areas be surfaced with a material to control dust
and drainage, and that the surface shall be properly maintained to prevent deterioration.
Bituminous asphalt is the most-widely-used surfacing material to accomplish this requirement
and is required for off-street parking areas.
There are a number of outdoor storage lots within the City that have been allowed to use recycled
asphalt aggregate surfacing for outside storage areas under Conditional Use or Interim Use
Permits, including the previous Interim Use Permit for this property. Those permits that have
allowed recycled asphalt aggregate have included a condition for a periodic staff review of the
condition of the surfacing to determine its adequacy for dust and drainage control. The gravel
aggregate used for these lots has performed adequately. If recycled bituminous aggregate or the
conventional gravel aggregate continues to be used, such periodic review should again be a
condition of approval. If, upon review, the recycled bituminous aggregate surface is determined
to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt.
Outdoor Stora&e - In addition to the requirements for a conditional use permit listed previously,
City Code Section 11.70, Subdivision 22, C2, lists performance standards for outdoor storage as
follows:
a) Outdoor storage items shall be placed within an enclosure. All such enclosures shall
be attached to the principal building except in the Limited Industrial district. The
proposed outdoor storage is not within an enclosure. The storage areas are defined by
pavement or gravel surfaced areas. Based on a review of aerial photos, there appears
S~
Planning Report - Sowles IUP
February 27, 2007
Page 6
to have been some encroachment of storage items beyond the gravel in area #3,
perhaps because it lacks pavement and nearby vegetation is sparse. This was brought
to the applicant's attention upon receipt of this application. The applicant has
responded that the storage items have been relocated to within the shown boundaries
and extra gravel will be brought in to better define the boundaries of the space.
b) The storage area shall be located in the side or rear yards and shall not encroach
into any required front building setback area or other required setbacks. According
to the site plan the front setback of 40 feet is met and the side yard setback of 20 feet
is met for outdoor storage. Since the property is adjacent to Highway 13 the required
building setback is 50, the I-1 zoning district requires a 40 foot building setback from
the public right-of- way, the area of storage is consistent with a 40 foot setback.
c) The outdoor storage area shall be screened from view from the public right-of-way
and from any adjacent property which is designated for residential uses in the
comprehensive guide plan. There are no adjacent properties designated for residential
use; however, due to the topography in the area, the site is visible from Hwy. 13 and
the residential uses east of Hwy. 13. Some storage items are screened by trees and the
main building.
d) The storage area shall not interfere with any pedestrian or vehicular movement. The
proposed storage areas consist of parking stalls and gravel areas. The items are stored
in an orderly fashion, which should not interfere with pedestrian or vehicular
movement. Pedestrian and vehicular movement is limited throughout the site. A
more detailed plan of the trailer parking and drive aisle circulation in Area #6 should
be provided for review and approval by the Fire Marshal.
e) The storage area shall not take up required parking spaces or landscaping areas.
Based on the use of the property the availability of off street parking is met. The
proposed storage areas are not landscaped.
f) The storage area shall be surfaced with concrete or an approved equivalent to
control dust and erosion. The surface shall be properly maintained to prevent
deterioration. The proposed storage area is surfaced with bituminous and gravel, both
appear acceptable for this type of storage.
SUMMARY/CONCLUSION
The applicant is requesting a five-year term for an Interim Use Permit to allow outdoor storage of
a 113-foot tall crane, miscellaneous equipment, parts, trailers, cranes, vehicles and items related
to the various businesses onsite. The proposed storage areas are compatible with setback
requirements.
The IUP request is also for a 113-foot tower crane to be permanently stored on-site. All storage
areas are defined by a site plan and should be included with the Interim Use Permit. The outdoor
0~
Planning Report - Sowles IUP
February 27, 2007
Page 7
storage surface area is questionable; City code requires that all off-street parking and storage
areas be surfaced with a material to control dust and drainage, some areas for the proposed
storage are on a gravel aggregate surface.
A similar IUP was approved in 2004 for a three-year term. The acceptability of the proposed 5-
year term is a policy matter to be determined by City officials.
ACTION TO BE CONSIDERED
To recommend approval of a five year Interim Use Permit to allow outdoor storage of a 113
foot tall crane, equipment, materials, and vehicles associated with the submitted site plan dated
January 29, 2007, located at 3045 Sibley Memorial Highway, legally described as Part of
Government Lot 2, Section 9, Township 27, Range 23, in the NW `/4 of Section 9. If approved,
the following conditions should apply:
1. The Interim Use Permit shall be recorded at Dakota County Recorder's office within 60
days of it approval by the City Council.
2. The permit shall terminate March 6, 2012 (a five-year term) .
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 proposed outdoor storage areas shall be surfaced with bituminous asphalt.
OR
If any type of aggregate surfacing is used for the outdoor storage areas, the site
will be subject to periodic review by city staff for adequacy of the material to
control dust and drainage. The first review will occur two years following
approval of this permit. If the material is determined to be inadequate, the City
will require that it be replaced with bituminous asphalt.
5. All parking and storage areas shall be properly maintained to prevent
deterioration.
6. The outdoor storage items shall be limited to what is provided for with the site
plan dated January 29, 2007.
7. A more detailed plan for Area #6 shall be submitted for review and approval by
the Fire Marshal.
P
Planning Report - Sowles NP
February 27, 2007
Page 8
8. Trash receptacles shall be kept either inside the building or within an enclosure
constructed according to City Code.
9. Upon recording the Interim Use Permit, all other Interim or Conditional Use
Permits for the property shall terminate.
Eagan Boundary
Right-of-way
Location Map Parcel Area
Park Area
- Building Footprint
4 ° wt
0
e e a e all It r
Me m
P Y
y4` • 0 a& A
o • ~
0
IS m
s' ® s 4F
s 1
Subject Site a as
~ ~a I r! v 0 1
4r .0
e 1 r
6
~ ~I a s9~
41 1w P% Is
e. 41 4a s o ®sawo6 s
a
fi
va w..w
s
a ® 111--a.
X11
* 1 em we
1® o't ♦ ke A
f a
i
® ,oo c . ` mme ' ~ O
C ®®a® I'I
s~ a m
:jm ® o; t, at
1000 0 1000 2000 Feet
Development/Developer. 3045 Hwy. 13
Application: Interim Use Permit
Case No.: 09-IN-01-01-07
Map Prepared using ERS1 Arc%n" 3.1. Parcel base map data provided N
by Dakota County Office of GIS and Is current as of April 2005.
City of EoQoIl THIS MAP IS INTENDED FOR REFERENCE USE ONLY W 13
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community D°velopment Dep.rtm.nt not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan Sowles Properties
Interim Use Permit
Land Use Map 09-IN-01-01-07
Zoning Map P
,
P
R-
Location
Current Zoning:
-1
Limited Industrial R-t
1-1
R1
i
O 1-1 E ® R3
1-~ EB EB
R-4
600 0 coo 7200 F..t
Comprehensive Guide Plan uL 1
Land Use Map P D
P
Location LD
Current Land Use Designation: L
P LD
IND
IND g~ L
Limited Industrial
e
p IN
MD
IND 1B E13
HD HD
600 0 600 7200 Feat
Able- pared base map Information providedby 0skate County Land Sway Departmait bacmbr 200 S. N
Zoning Information maintained byCIty StafL
47" City of Eajan 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. S
r-,
SOWLES PROPERTIES LIMITED PARTNERSHIP
VALLEY BUILDING PRODUCTS CO.
3045 HIGHWAY 13
EAGAN MINNESOTA 55121-1602
January 25,2007
Re: Interim Use Permit Application
Legal Description
Part of Government Lot 2, Section9, Township27, Range23
P.I.D. #10-00900-10-26 location 3045 Highway 13
Background/History
Sowles Properties L.P. purchased 3045 Highway 13 in December of 2002. Our
affiliated companies Sowles Company (steel erector). Northwest Tower Crane (crane
rental and service), and Valley Building Products Co. (material supplier), moved their
office, shop and yard operations to this location May 2003.
In 1994 the former owners (Lull Industries) was granted a C.U.P. to allow them to
utilize their outdoor space for storage of equipment and related materials. At that time the
site was updated with; water main system and hydrants, bituminous paving on the South
portion of the site for dust control, concrete curbs, gutters and catch basins for erosion
control, free standing lighting and building mounted lights for safety and security.
Since purchasing the property Sowles Properties Ltd. Partnership has painted
almost all of the buildings and entry doors, had extensive repairs done to the roof,
repaired all of the outside lighting and remodeled some of the inside offices to upgrade
the site and make it more desirable to Eagan companies and our neighbors. We also mow
the State Highway land bordering Hwy. 13 to improve the estectics for the neighbors.
Sowles Properties and its renters run their businesses from 6:00 AM. To 5:00 PM.
Monday through Friday. Occasionally on weekend a few trucks will come and go but
with a lot less disturbance to our neighbors then the former owners who worked 24 hour
shifts and had the traffic of up to 250 employees. We currently employ approximately 30
employees and have approximately 25 renters.
Sowles Properties L.P. is requesting a (5) year Interim Use Permit to allow;
A.)Outdoor storage of construction equipment, materials, trailers, and
vehicles, see attached sketch.
B.) To keep our yard tower crane as a vital part of our operation erected, see
attached sketch
After a public hearing on this application if the planning commission feels it
would be helpful, we would like to request a public "workshop" meeting prior to the City
j- OCR
,14 _L, 2
RECEIVE i
to
Council meeting to discuss any issues regarding our operations or needs for requesting
the I.U.P.
A.) Outdoor Storage- Two (2) existing Outdoor Storage Areas, see attached plan.
1.) Short-term parking- used by Sowles/NWTC for their operations,
vehicles are coming and going on a daily/weekly basis. 40 units, up
to 14 feet high. Boom Trucks, Semi Tractors, Trailers, Jobsite Office
Trailers, Truck Cranes, Rough Terrain Cranes, Fork Trucks, Man'
Lifts and Service Trucks.
2.) Rental Equipment- used by Sowles/NWTC for their own
operations. 200 individual pieces stored up to a maximum of 40
feet high. Tower Crane Components, Tower Sections, Jib Sections
Machinery Decks.
3.) Rental Contracting Equipment- used by Sowles/NWTC for their
own operations. 200 individual pieces stored up to a maximum of 40
feet high, Stiff Leg Derricks, trailers, Tower Sections, and Steel
Beams.
4.) Rental Contracting Equipment- used by Sowles/NWTC for their
own operations. 300 individual pieces stored up to a maximum 32
feet high. Shipping Containers, Electrical Cages, Bolt Boxes,
Crane Mats, Man Baskets, Tower Crane Components; Cab, Tower
sections, Jib sections, Machinery Decks, Steel Beams.
5.) Short Term Rental and Contracting Equipment- used by
Sowles/NWTC for their own operations. 20 units up to 16 feet
high. Short-term storage of Cranes, Crane Components, and
Construction Equipment as described above. Locked cages for
Propane and Acetylene Tanks.
6.) Short-term Tenant vehicle parking, including Semi trailers up to 14
feet high.
B.) YARD TOWER CRANE
We currently has a Tower Crane erected on the North end of the
site (outside storage area # 2). The Tower Crane is needed to load
and unload Crane components and other equipment from trucks.
A yard crane is essential to our operations because it is still the
most efficient and safest way to handle heavy equipment and
properly store them, see attached illustration comparing a tower
crane to a mobile crane. Mobile cranes lack the required radius
coverage, require set-up and dismantle time and are usually
away from our yard working at construction job sites. The
crane was painted to blend in with the sky so it would be less
obtrusive. The base of the crane is secured to prevent
unauthorized access. See attached site plan and site sections
describing our tower crane.
C.) Planning Commission Recommendation
1.) It was brought to our attention by the Planning Commission that
storage Area 3 has expanded. We propose to relocate all materials to within the
shown boundaries. Extra gravel will be brought in to better define the boundaries
of the space.
Zoning Classification
Currently zoned Industrial 1 (I-1)
Existing land uses the 24- acre site contains several wooded areas and a
grade drop of approximately 50' from southwest to northwest. The site has one
main office/warehouse building, several accessory buildings, employee parking
and outside storage areas.
Surrounding Land Uses
North- Zoned Industrial, undeveloped
South- Zoned Industrial, Eagan Transport and Water Heater Innovations
East Hwy. 13/McCarthy Ridge Subdivision, Residential
West- Zoned Industrial, SF home, gravel/dirt storage
Respectfully Submitted
Sowles Properties L.P.
rNW COR. OF NWt/( OF NWI/4 RORTX UNC OF NWI/4 OF RWI/4 SEC. 9, 1. 27. R.23.
/ ~ sac.9, r.27, azT --N 89.4-6'12" E 1197.00---
Or -
208.28 - t 8.61 - - - N 89'46'12'• E 741.04 - -
f ~Q4g'h°' 'q FC.' / .
1 Vti ~(T~ '4•. /
a'c~`~ a f~ - ~lY YWY CND yN4N
Qt ti Q T ~ PK. v15/9 7 ~C - 11
f
L 0
~1' r~ m cR d" . \
3 e
i
® , AREA \ \
r •ti .
,.,1 l~ DRS VE - ~ ` ~ ~ / . ~ • .
V r
fin. ~FJ3~ ' • ~ % , /
J N
j 'ro LG ~4 % • "1
cl ~
__m- A
MEADOW 1(1 • + ~
- - S 89'55'59 : W .587, 22 - - _
PART CF . Vf, ~.p
sckjTN UNC D< Nvn/4 W NRT/4 SEC. 9, T. 27, R.23. 4+12.
4 06
N-13 INDUSTRIAL PARK
N
ovules Properties Limited Partnership OUTSWE S'~ORA E '
045 Hi hwa 13
agan, Minriesotd •5512.1
( ~ 1
NW COR. OF WW1/4 OF NM/4 NORTH UNE Of NWI/4 OF NWI/4 SEC. 9, T. R.23.
r. SEC9, T.27, a.zT
P
PO.B ---N 69'46'12" E 1197,00---
206.28 - _ 128.81 - - N 89'46'12" E 741.04
~4Q6 L? wn ,
ql'
c. _ e
lip
1R ;q~ r~ a q ~r y
O l e 1 r~~-t t
/ J7 !
y C r
TD
~ 0 N
In ..tvt cc o~
/ r
• / ~ T C ! '
m / ~
44
10 ca
~ N !
MEADOW VI a
--S 89'55'59" W 587.2
PMT 'CF . K. LO t
SOU7N UNE OF -/4 OF NWI/+ SEC. P. T. 77. 1423. 9t I2.4
./C 6,twHa f .
~N-13 INDUSTRIAL. PARK
. N
k, les Properties Limited Partnership TOWER CRANE LOCATION
'045 Highway i3 - - -----i~NuA~4 a9a~----
;agars, Minnesota 55121 -
`7
d
~ .N
~1 N
~i
. u~
n
m
r
u J
N
S9 b1
b D
m
Agenda Information Memo
March 6, 2007, Eagan City Council Meeting
D. PLANNED DEVELOPMENT AMENDMENTS -
KELLER WILLIAMS
ACTION TO BE CONSIDERED:
To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to
allow wall signage on the existing office buildings on Lots 1, 2 and 3, Block 1, Yankee Square
Addition located in the NE'/4 of Section 16, subject to the conditions in the APC minutes.
To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to
allow an off-premise monument sign on Lot 2, Block 1, Yankee Square Addition located in the
NE'/4 of Section 16, subject to the conditions in the APC minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes.
FACTS:
Wall Si nape
➢ In 2006, a Planned Development Amendment was approved that allowed the construction
of a third office building at the site. No wall or monument signage was proposed.
➢ There is no existing wall signage on any of the three buildings.
➢ Keller Williams, a tenant of the new office building, has proposed a channel-lit sign
design that is consistent with size and placement standards.
➢ As the first wall sign requested in this Planned Development consisting of three office
buildings, this proposed wall sign will set the standard in size and style for future signs.
➢ Because of this, the site being office related as opposed to retail and the assumed higher
standards of quality associated with a Planned Development, staff suggested halo-lit
signage similar to that required on the new Venture Bank building on Pilot Knob Road at
Buffet Way.
Monument Signage
➢ Two freestanding monument signs are located along Washington Drive to serve the
original two office buildings.
➢ The proposed monument sign will be located off of the site it serves (Lot 1, Block 1,
Yankee Square Addition) in between the two existing monument signs and will be of
similar style yet will be slightly smaller in size to meet current code requirements.
➢ The Advisory Planning Commission held a public hearing on February 27, 2007, and
recommended approval of both amendments.
ISSUES:
➢ Keller Williams opposes the halo-lit wall signage due to viewing distance, legibility and
cost.
➢ The use of back lighting creates a halo effect around the sign letters and provides a higher
quality and attractiveness but is not as aggressive at grabbing attention as internally
illuminated channel letter signs.
The Advisory Planning Commission action supported the use of halo-lit signage as
opposed to internally illuminated channel letters for this office Planned Development.
60-DAY AGENCY ACTION DEADLINE: March 17, 2007
ATTACHMENTS (3):
February 27, 2007 Draft Advisory Planning Commission Minutes on page 9
Staff report on pages O through
Applicant letter regarding signage on page
q7
Advisory Planning Commission Minutes
February 27, 2007
Page 5of11
C. Keller Williams
Applicant Name:Millennium Associates Plus, LLC
Location:3464 Washington Dr.; Lot 1, Block 1, Yankee Square Addition
Application: Planned Development Amendment
A Planned Development Amendment to allow wall signage and a monument sign
File Number: 16-PA-01-01-07
Planner Schield introduced this item and highlighted the information presented in the City Staff
report dated February 21, 2007. She noted the background and history.
Bruce Miller, MFC Properties addressed the monument sign proposed for Washington Drive
rather than Federal Drive.
Kim Eisen, Keller Williams addressed the concept of halo-lit signage and asked that they be
allowed to use channel-lit signage. She distributed information relative to the type of signage.
Chair Hansen opened the public hearing. There being no public comment, Chair Hansen
closed the public hearing and turned the discussion back to the Commission.
Planner Schield clarified the City Code does not prohibit channel-lit signage; however, for this
Planned Development, staff is suggesting the Advisory Planning Commission and City Council
recommend/require halo-lit signage.
Member Heaney asked if there was existing signage on any of the three buildings. Staff
clarified that there is no existing wall signage which caused the need for this amendment
request.
Discussion occurred regarding the assumed higher standards and the "give & take" relationship
expected with Planned Developments.
Member Keeley stated the monument sign would be more useful on Washington Drive. She
stated halo-lit signage would blend in with the area better.
Ms. Eisen discussed the importance of their signage being visible from the freeway.
Chair Hansen stated his support of the monument sign on Washington due to the applicant's
desire and to avoid confusion since the new building is addressed off of Washington Drive,
Member Keeley moved, Member Heaney seconded a motion to recommend approval of a
Planned Development Amendment for wall signage at 3460, 3464 and 3470 Washington
Drive, legally described as Lots 1, 2, and 3 Block 1, Yankee Square Addition, in the NE 1/4 of
Section 16 subject to the following conditions:
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office.
2. The wall signs shall be located and constructed as shown on the Site Plan sheet dated
December 14, 2006.
Advisory Planning Commission Minutes
February 27, 2007
Page 6of11
3. A tenant must occupy a minimum of 5,000 square feet of leasable space in said building to
be allowed wall signage.
4. All signage shall be of similar size, not to exceed the square footage allowed for the Keller
Williams sign, to maintain appropriate balance on the building.
5. All business signs mounted on a building shall be similar in design.
6. All signage must be halo-lit. Channel-lit signage is prohibited.
A vote was taken.
Aye: Chair Hansen, Members Chavez, Keeley, Jensen, Heaney, and Dugan.
Nay: Member Feller.
Motion carried: 6-1.
Member Keeley moved, Member Chavez seconded a motion to recommend approval of a
Planned Development Amendment for a monument sign at 3460, 3464 and 3470 Washington
Drive, legally described as Lots 1, 2, and 3 Block 1, Yankee Square Addition, in the NE'/4 of
Section 16 subject to the following conditions:
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office.
2. The monument sign shall be constructed as shown on the Sign Plan dated February 19,
2007.
3. The monument sign shall be located as shown on the Site Plan dated January 25, 2007.
A vote was taken. All voted in favor. Motion carried: 7-0.
l~
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: February 21, 2007 CASE: 16-PA-01-01-07
APPLICANT: Millennium Associates Plus, LLC HEARING DATE: February 27, 2007
PROPERTY OWNER: NEC Properties Corp. APPLICATION DATE: January 17, 2007
REQUEST: Planned Development Amendment PREPARED BY: Sarah Schield
LOCATION: 3464 Washington Drive
COMPREHENSIVE PLAN: SA, Special Area
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment for wall signage
and a monument sign at 3460, 3464 and 3470 Washington Drive, legally described as Lots 1, 2,
and 3 Block 1, Yankee Square Addition, in the NE %4 of Section 16.
AUTHORITY FOR REVIEW
PD Amendment:
Chapter 11, Section 11.50, Subdivision 5 states, in part,
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two-thirds of all members of the council.
2. The Council shall not rezone any land in any zoning district or make any other proposed
amendment to this chapter without first having referred it to the planning commission for its
consideration and recommendation.
BACKGROUND/HISTORY
The property was originally platted and developed in 1981. The property was subdivided to
create a third lot in 2006 and a Planned Development Amendment was approved to construct a
third office building at the site. No wall or monument signage was originally approved or
proposed at the time of the Planned Development Amendment.
loo
Planning Report - February 27, 2007
Millennium Associates Plus, LLC
Page 2
EXISTING CONDITIONS
The site consists of three parcels, two containing a two-story 24,320 square foot office building
and one containing a one-story 10,000 square foot office building. Access to the site is available
from Washington Drive and Federal Drive.
There are no existing building signs. There are two existing monument signs located off of
Washington Drive. Staff was able to find sign permits for the ground signs; however the signs
are non-conforming with current ordinances. The signs measure seven feet from grade and the
sign face is approximately six feet tall by ten feet wide. Current standards allow monument
signage to have a sign face height of four feet or less.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use
Designation
North Offices Planned Development Special Area
South Rasmussen College Limited Business Special Area
East Interstate 35E Right-of-way Right-of-way
West Townhouses R-3, Residential Medium Density
Multiple Residential
EVALUATION OF REQUEST
Wall Signage
Proposal - The owner is proposing to construct wall signage on the new office building at 3464
Washington Drive for tenant Keller Williams Realty. The owners' policy is that a tenant must
have at least 5,000 rentable square feet before they would allow the tenant to install building
signage. Keller Williams Realty is leasing 6,045 square feet of office space and therefore would
be allowed to have the wall signage per the owners' policy. Because this is an office park, and
not a retail center, staff suggests that the 5,000 square foot minimum threshold for wall signage
sets a reasonable standard.
The applicant indicates that the building signage is necessary to inform their clients of their
existence in Eagan. Further, the applicant has identified that such building signage is common in
the real estate industry and has provided photographs of their competitor signage which has been
attached for your review.
Code Requirements - The Planned Development Amendment which allowed the third building
to be constructed noted that any building signage should be consistent with the existing buildings
and meet City Sign Ordinance requirements. Since there is no existing building signage a
/0(
Planning Report - February 27, 2007
Millennium Associates Plus, LLC
Page 3
Planned Development Amendment is necessary for building signage. The Sign Ordinance
allows building fagade signage on up to two sides of a building.
Sign Area - The maximum sign area for a wall sign is limited to 20 percent of the gross area of a
side of which the sign is located. The proposed building signage for Keller Williams is
approximately 62 square feet and much less than the 20 percent maximum allowed.
Evaluation - The proposal for wall signage appears to meet ordinance requirements.
Monument Sign
Proposal - The owner is proposing the construction of a monument sign as indicated on the site
plan dated January 25, 2007, to be located along Washington Drive.
Sign Height - The maximum height of a freestanding ground sign is limited to seven feet total
height, with a four-foot maximum height of the sign area. Staff was able to find two ground sign
permits issued to allow the existing signs. The signs would currently be reviewed as pylon signs
because of the overall height, as ground signs, they are non-conforming. The owner proposes to
duplicate the proposed sign to match the existing signs off of Washington Drive. However, the
new sign would be reduced in size to conform to code requirements. The existing signs, have are
seven feet from grade and just over six feet tall in height of the sign area. The proposed sign is
five feet from grade and four feet tall in height of the sign area.
Sign Setbacks - The Sign Ordinance requires that signs be located a minimum of ten feet from
any property line and not within the public right-of-way.
The proposed location for the new monument sign is not consistent with Sign Ordinance
standards that prohibit off-premise signs. The proposed location can be accommodated via the
PD zoning.
Evaluation - The proposal for freestanding signage does not meet location requirements. City
policy makers will need to determine if the proposed monument sign location is adequate or if it
should be located off of Federal Drive, on Lot 1, where the new building is located. This would
eliminate the non-conformance of an off premise sign.
SUMMARY/CONCLUSION
The proposed amendment would allow building signage for those tenants occupying 5,000
square feet or more of the leasable space. The proposed amendment would further allow a
monument sign to be constructed on the site that does not meet current requirements for a
freestanding sign, yet it would be relatively consistent with the existing signage. City policy
makers will need to determine if the new sign should be allowed in the proposed location, off
site, and within approximately 100 feet from other freestanding signs.
lea
Planning Report - February 27, 2007
Millennium Associates Plus, LLC
Page 4
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development Amendment for wall signage at 3460,
3464 and 3470 Washington Drive, legally described as Lots 1, 2, and 3 Block 1, Yankee Square
Addition, in the NE 1/4 of Section 16. If approved the following conditions shall apply:
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office.
2. The wall signs shall be located and constructed as shown on the Site Plan sheet dated
December 14, 2006.
3. A tenant must occupy a minimum of 5,000 square feet of leasable space in said building to
be allowed wall signage.
4. All signage shall be of similar size, not to exceed the square footage allowed for the Keller
Williams sign, to maintain appropriate balance on the building.
5. All business signs mounted on a building shall be similar in design.
6. All signage must be halo-lit. Channel-lit signage is prohibited.
To recommend approval of a Planned Development Amendment for a monument sign at 3460,
3464 and 3470 Washington Drive, legally described as Lots 1, 2, and 3 Block 1, Yankee Square
Addition, in the NE'/4 of Section 16. If approved the following conditions shall apply:
1. An Amendment to the Planned Development Agreement shall be executed and recorded
with the Dakota County Recorder's office.
2. The monument sign shall be constructed as shown on the Sign Plan dated February 19,
2007.
3. The monument sign shall be located as shown on the Site Plan dated
`05
Eagan Boundary
N Right-of-way
Location Map ~Parcel Area
Park Area
® Building Footprint
;_Nk - n
y ,o
FC ° a D
SuMect Site
®1 g
INN
ALPS
®g=
f ? i
8B
IBM b
t f
•A P° i ® ® ~~O ~ t 8b ~ 9 .
rsu 00 IL
m s ~ m
%
~.W.RVR ® : .r a
tl' d S ®A ® " ® gs
i A ®i P i] ® y B P
~ bad t ~ ® 3 ~ ~
b e
~ 0:~ ~B~"' of s ffi
c
i
ML 0
al 096 0 A
1000 0 1000 2000 Feet
Development/Developer. Lots 1, 2 and 3, Block 1, Yankee Square Addition
Application: Planned Development Amendment
Case No.: 16-PA-01-01-07
Map Prepared using ERSI ArcView 3.7. Parcel base map data provided N
by Dakota County Office of GIS and is current as of April 2D05.
City of Eajan `U THIS MAP IS INTENDED FOR REFERENCE USE ONLY W }
The Clty of ..an and Dakota County do not guarantee the accuracy of this information and are S
Community Development Department not responsible for errors or omissions.
Current Zoning and Comprehensive Guide Plan Keller Williams
Land Use Map Planned Development Amendment
16-PA-01-01-07
Zoning Map v O P P e~
Y
's
PD
f.3
R•4 RD i
77
C u
Current Zoning: i P '7L
D RD
PD Ra
Planned Development 9 LB A ,
NB
RD
NB p
■ ercee DDDDIe ROa■) .
~j
R.
R-4 !X"
PF s PD P
Location
~ tD $
" o
PF
wle ~ 3 L QEh
P
a QP Q
6D0 0 600 1200 Feet
Comprehensive Guide Plan ' v e~ i
SA
@WDME SA C
Land Use Map ®®mm
Y
RIND n SA
HD
Y
4
u
a P T.A
SA
Current Land Use Designation: B HD SA
9
o/S
Sa
SA R Fr 7
■ YIKQ DOODLE RGLDJ
Special Area
FEE3
QP D 41 H
Location SA
m~ s s
D o
DP
/
600 0 600 1200 Feet Q EE
Parcel base map information provided by Dakota County Land So-ey Department Deember 2005. N
My c~ q~ Zoning information maintained by City Staff.
qty of f Ea jan 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. S
o~N
M N ,
1 Z P
J j e0 cC
p .-1J. ~ P xP
Z Z Q
J. ~ L
v ~
r
4 a
a VC':
?56 31`d1=N31N1 Q V:
- nl. io.l .zoa` C
o I I I . x
o °IIIlillllllllllllllll ~ a
J pp°s ~o I f ~ z M
~ ~ g4~ y2 s X84 ~ ~ o f ry
u ~ ~ I I I I I I I I I I I I I I I I I I Z r o°
o gag` gYe~ WI ~JJILU~JLIJ1 o J1 _ z z X°
0
00
a ~ R h I / I .~•Vn 1 C. LL
, l
zw
Z
M1~/ C w ?
oz
f $ I ' uGG
w
a 1 _ z
w~ . - U^. W = w
Z
Q \ ~•~'o°' 1 1 1 1 1 1 IIII1111111111 Q Z~~ w
_ W U1
w
nmw
d II 9
i D,
Z !11•'1 _ I I c' q u R
F _ N - d
~ Z O
-
_",~"?,~e.' II•j .;1 w LL; 0 < .ter
~I Z G
zmw<G y
o li y <
w
oZ z I ';I'I - I I I P l ~ O
< w z 0 = z< V y O
Q 0 D V a
u y
oz&5U LL
a
fg I i -
a0 0
❑ 2 <3 Q
z I io <G <
f'-~'_fI_'
LL2 ~•1 w U W W 2
w `IIi' IJ - Y`> 'nOt~~~ O
~ z
N! G II IJ < W < U U: O W
0 o i 3< x U
of ~ I I I
z z
n I I i o
m W O
Z Z C W
y n
w
W
je Qw J,z dr 0
I,~ I ~G N~ y-~I
W
o C
1W- Z
/ 133TJ15 ~Ha3a33 ~ ~ C
ti
I r
w Ll o
i W
fi -
0 ili Z5 ~lz , Z- ix
W W U
U2 U~ s O
SITE PLAN 2
"i
Biy
i 3
~AS a 35E 31Y15TJ31N1
KJausar
F~~a~ Raa
8
yy
A -
1
A _
yWt'-'Y
I I - tf~ f e>
tit-
n `S
' W W.
R - ra4;~ i.
J!NPrj
_:M,
Y sT .
M1 P
4
I'•- b
Y pp
i -
l~ y E
Z s I`
A _
!w .o,el
P alI'I +olw~fl®a K-
1
1332115 1d213O3d .
~b7
ALTERNATE SIGN LOCATION
~ N N N
S°• Ug~o;
J ~ V r N
F a i g Y C~ r~ W J P P
Z F € C>
x5 RC0
x 0 I 1 W co d
y~
y _ ~
~W
C
W W - - - OW. V L4
O
JJ [ a ~C s...,
a W .I I I^ W Cr
.r.,,.
a S `
U g 3 V
LA t
0
N
K ~ Z
OJ j r
O Q
J • ~ Z M N ~ ~
O M O O M
ZoVpwc~
O N m 00 X M w O a ua
W
U) na v z Oz
mwZwmZ
04
a Z aiQ M<°O
< U W W _
7 ~ l-
0 Q Q J S S z W Q
U
p Z
U
z < z 3
~FIO<
z z > W
-w N
T C, iw - ~UwwF`N Q
o r3oOv off[
F m _J J Z J O
Lu W <
= z
- T < o y 0
3 -z -z t C
K O J< 0 W
LLJ
w 3< W J) O Z
U oLL z Q Z
K
y VC- < O
_N rI Q O U Z L
W J p d< Q
J < I
MA LIL L, z
1 L'? I1C ~ LL 9L L 0
0 ..m Z Q < 3 a O O ;
U
N Q W lz = W
O K <
C) Q V
W L
~ W
J
III o O
1- = d'
Q ° m W N
W z z IN d W O f
o '1 - ~o -1 Q W a= Q
r,Ql N Do WM H~
W
e ~
N HE z
N
2 N O
W~ WO FW-
f~ QN C
OoL < ZO
ELEVATION yJ
U~ Vw U.2 O
cl-
M ~
C ~ N N
J ~ ~ aP`p
V N N
W N ~
W J P
~ Z O
C
O W ~a
0 C
J
O
c`
J W
p VH
U aC:.,
Q W ,Tr.
z dJ N
O U:
Q Z
w cg H
~ o
w ,
W 2Z o_
W P N
W a u
~ Fa- Z ran N
~ ~GO°M
< 2 Z x U
W 7s Z O O w o
W
m z 0 gOC=
O z 1w m ~ a 0 c w
z 75 L W
(s) W6 Cc a W6 z O = z zv
to ° WW <
p Z • ~ VJ<oo
z w Q O ~o 0
-j w
J --Izs Q in w F
~ o W O
Z
O p~ U r o n 2 c 2
W ' Cn
ON Q CO Qxo< O
LL) _ w N y
Q O = V W w T IN
In p W H
f1- z U- Q W Z O
z 5... O K w= z
Q m_~ ~Z p
= O U nwtw°4_z L~j
F cy_ x
N LL 'fl 5 z n KJ
Z v W < o
J 2 z
z ~ ¢ O
O > Zr ~ w C y
W U < ° a w
a C
OL o~w°z=
Q J o ~ < $ ¢
V K uJ U W W
z y_
Q < w O
H
~ Q W
LO 07 W O
Z 3W N W WO
a~ ~Z a~ c
O Ga H U-
a
O ~ O
U O CO N_
W ow[ O
F=- W D W N F
2O
0W
z i o
W C~
HwL y <
Z F~< C
Ur Uw U.~ p
SIGN PLAN
IJOO
cc ac
cc O
cc
MM 3
H
cc t~ T
L 6
■w } cc t~.
IL E~ 1 Z
4 t r s
s t 1 t
-t ^ cc
Wis.
.g
..•;~y. ice`{t~ ¢ e
V7 V
Z Ws
I. t ~h ~ z e
-mow ~ ~ ~ ~ ~ ~ v-_. • .
tic
~a =
Vint.
I
Rl i
b~
~ W
c V
~1 W
F H
CC
' O
W C:
CC
Y.
1
W ~~r
- 2
LS S"rt r a_ ' • i V v
h 0:
k cc
C = W cc
V ¢ Z Q
Z
~ t'rr W tiH
te~
- C > 1 .tom
Narrative
Founded in 1983, Keller WilliamsO Realty Inc. is an international real estate company
with more than 590 offices located across the U.S. and Canada. Keller Williams is
currently the fifth-largest U.S. residential real estate firm in North America. The company
has succeeded by treating its 69,000-plus associates as partners and shares its
knowledge, policy control, and company profits on a system-wide basis.
Keller Williams is pleased to announce we intend to locate a new office in Eagan. We
are requesting a business sign on the east elevation of the new office building being
constructed at 3464 Washington Drive. The purpose of the sign is so that our customers
and potential customers know Keller Williams has an office in Eagan.
Upon review of the Third Amendment to the Planned Development Agreement dated
February 21, 2006, between MFC and the City of Eagan, Exhibit A, # 3 states "All
signage is subject to the City Sign Ordinance". In review of Chapter 11, Subd. 28
"Placement, erection and maintenance of signs" paragraph B "Permitted Uses" states
"business signs are a permitted use on property zoned business." Since the sign we are
requesting does meet the City Sign Ordinance and is zoned properly, we believe the
sign is a permitted use and meets the requirements of the Third Amendment to the
Planned Development Agreement dated February 21, 2006.
In addition to the above, precedent has been set on numerous other buildings in
the immediate area. The multi-tenant office building located across the street at
3435 Washington Drive has business signage as well as the adjacent building (approx
100' away) Rasmussen College has a business sign as does the Best Western Dakota
Ridge and Al Bakers. Our competitors Edina Realty and Coldwell Banker Burnet located
in multi-tenant office buildings in Eagan have building signs (see attached pictures).
Based on the above we respectfully ask that the City of Eagan approve our signage.
1 ~a
Competitors Signage-Multi-Tenant Buildings
KELLER WILLIAMS Integrity Realty-3464 Washington Drive, Eagan
On building signage and separate pillar signage-Coldwell Banker
4
On building signage (two sides) and separate pillar signage (not shown)-
Edina
7 '1
Pillar On building signage and separate pillar signage-RHS
i
4
r
Signage for KELLER WILLIAMS Integrity Realty
,me things to consider. There is never just one solution for all conditions.
1) Purpose & Viewing Distance - Is it street signage or highway signage. What is the viewing distance and
legibility. What speed are the cars going and what time limit do they have to view the signage.
(Our signage would not be parallel to an adjoining street and it's purpose is to be seen by traffic
on Highway 35E and Pilot Knob Road., therefore visibility should be clear and recognizable,
and Halo has less distance visibility and certainly less recognizable from those distances).
2) Contrast - Color of sign vs. background. Background absorption of Halo lighting. Halo lighting is only
appropriate with the right circumstances.
a) Most halo lighting needs a contrast of 5-7 (White =1; Black =10) . If the background is too dark or
glossy, the lighting is absorbed or reflected back. The lighter the background is (although light
colors are reflective), the lighting is washed out or diminished as they are closer on the color scale.
(Our effis/background is a light color which will wash most of the halo lighting. And, the letters
are red, which diminishes the contrast of apx. 3-4)
3) Ambient Lighting - Other lighting that distracts from signage would be parking lot/street lighting and
windowed office lighting. Height of lighting. Research from lighting expert, states that Halo lighting
only really works if there is little or none ambient lighting. Therefore on a high building with little or no
windows or parking/street lights near the signage is the best option.
(Our sign would be on a one level building with a great percentage of lighted windows beneath it.)
4) Cost - It is 30% more. For example our sign would go from apx. $6,000 to $9,000, which is huge cost
difference for less visibility.
5) ualit - We have chosen one of the most expensive bids in order to get individual building mounted
channel letters that look great and provide the purpose they were intended for. Even though the
recommendation says that they are prohibited, I have recently been informed that is incorrect and
there is a precedence set throughout the city.
As you can see, there isn't one answer for each situation and I respectfully ask that you allow the sign to be
erected as applied for.
Sincerely,
Kim M. Eisen
KELLER WILLIAMS Integrity Realty
Chief Manager
Agenda Information Memo
Eagan City Council Meeting
March 6, 2007
E. RESOLUTION SUPPORTING SPECIAL LEGISLATION FOR THE
CREATION OF A TAX INCREMENT FINANCING DISTRICT FOR THOMSON
EXPANSION
ACTION TO BE CONSIDERED:
To approve a resolution supporting enabling legislation to permit the use of tax increment financing for
the potential Thomson expansion at 610 Opperman Drive
FACTS:
BACKGROUND
➢ Thomson representatives approached City staff in August 2006 regarding their possible need for
space to accommodate internal growth, as well as the potential consolidation of a number of
company-wide functions into a single location. They indicated that the Thomson campus in Eagan
was one of three sites under consideration for the facility.
➢ Preliminary discussions were held through the fall regarding potential public financing assistance,
with the understanding that any formal discussions, actions or commitments regarding project
approvals or assistance would need to be made by the City Council.
➢ In January 2007, the City Council received a briefing regarding the prospective project in
anticipation of the Council's receiving a formal request for assistance from Thomson. That request is
before the City Council at this time. At this time, Thomson is requesting that the City take action to
support special legislation that would make the project eligible for tax increment financing assistance
under a nine year Economic Development District. Representatives of Thomson will be at
Tuesday's meeting to make a presentation regarding the project.
PROJECT OVERVIEW
➢ The Thomson campus in Eagan employs 1,200 technologists and more than 1,000 attorneys. There
are currently 6,800 employees and contractors at the Eagan location, including 800 net additional
employees since mid-2004. Most new jobs are in the technology and product development fields.
The company has remodeled its facilities several times to accommodate the growth and is nearing
capacity in its existing buildings. Within the expansion project, the company anticipates growth of
approximately 300 jobs per year for the next four years. In addition, Thomson is contemplating the
consolidation of a number of enterprise-wide support positions into a shared-services environment,
which would house an additional 800 employees and the Eagan campus is under consideration for
that expansion, along with two other locations.
➢ If Eagan is chosen as the site of the expansion, the new facility is anticipated to add 425,000 square
feet of office space to the existing development and will represent an investment of approximately
$50 million. In addition, the company is considering construction of a third data center on the site.
Although the data center is 80,000 s.£ in size, the combination of the building and the equipment it
would house would be an investment of an additional $50 million. Buildings of the scale proposed
have been anticipated in the existing Thomson Planned Development. The company is coordinating
its planning and decision making to start construction in 2007.
~l~
PROJECT ASSISTANCE
➢ During the fall, the company requested that City staff work with representatives of the Minnesota
Department of Employment and Economic Development (DEED) to prepare background
information and a proposal for the project. Based on the job creation and private investment
potential created by the project, the state coordinated a proposal and outlined a number of state
sources for public financing assistance, training assistance and other resources.
➢ Among the potential sources of assistance noted in the proposal was special legislation to permit the
City to consider creation of a TIF economic development district. The state has passed such
legislation in the past for other large expansion or location projects, when the projects present clear
benefit to the state, but fall outside of the strict definitions in current law.
➢ The City considers potential public financing assistance for economic development projects under its
Business Assistance and Tax Increment Financing policies. For economic development projects, the
policies consider the creation or retention of jobs at or above 80% of the County's median income
($62,800 compared to a $78,500 median in 2006). The project anticipates the creation and/or
retention of 2,000 jobs with incomes averaging $70,000.
➢ In working with the state and the company on the proposal, staff indicated that a commitment to City
support for such legislation and consideration of the creation of a district could only be authorized by
the City Council and, until the Council could take action in its regard, any representations regarding
those issues would be speculative.
➢ Based on discussions between City staff, Thomson and Dakota County staff, the Company is
requesting legislation for a district permitting nine years of collections. Under the TIF statute,
Economic Development Districts permit no more than 15% of an assisted project to consist of office.
The draft legislation would waive that requirement.
➢ The legislation, if passed, would permit the proposal to be defined as an eligible project under the
statute. If the legislation is adopted, the City would still perform all procedural steps necessary to
consider creation of a TIF district and would negotiate with the company a business assistance
agreement and TIF development agreement to cover the performance of the improvements,
confirmation of job creation and the level of public financing assistance to be provided.
➢ In the past, the City Council has referred matters of public financing assistance to the Council
Finance Committee for monitoring and recommendations with respect to firture Council actions.
➢ If the project is to move forward, Thomson is also requesting that the City consider, at appropriate
times, a final planned development and related land use and development approvals, continued
cooperation between the company and the City with respect to its transportation access and
improvements related to both Hwy 149 and Yankee Doodle Road, discussion of assessments related
to roadway improvements and the potential for the City to act as a conduit for certain state financing
tools outlined in the DEED proposal.
CURRENTSTATUS
➢ Legislation has been introduced relative to the elements of the proposed state assistance package for
the project. That bill is receiving hearings at this time.
➢ City staff and Thomson representatives have met with Legislators and their staff to discuss the
language in the proposed bill. If the Council approves the resolution presented, the Company will
ask authors to introduce the bill during the week following the Council action. The resolution would
authorize Council members and staff to act in support of the bill at the legislature.
/((P
➢ The resolution would also permit staff and consultants to move forward with preliminary steps
leading up to the consideration of creation of a TIF district. The City's TIF consultant and Bond
Counsel have prepared a timeline in which the initial plan and background materials could be
prepared in advance of adoption of the legislation, such that the public hearing process could proceed
shortly after adoption occurs.
ISSUES:
➢ The Council will want to determine whether it is in the City's interest to support legislation that
will permit it to consider public financing assistance to Thomson to assist with costs associated
with the proposed expansion project. If the legislation is adopted, the project assistance itself
would be considered at a later date.
ATTACHMENTS:
➢ Thomson letter on page
➢ Area maps on pages 11T through aQ ii
➢ City Business Assistance and TIF Policies on pages W through
➢ Draft legislation on page
➢ Resolution on pages through
117
_ i
Rick King l iH Q M S C~►ltit
Executive Vice President - -
& chief Operations Officer
Tel (651) 848-7819
Fax (651) 848-7044
Rick. King Othomson.com
March 1, 2007
Mayor Mike Maguire and Eagan City Council
City of Eagan
3830 Pilot Knob Rd.
Eagan, MN 55122
Dear Mayor Maguire and City Council Members:
Thomson is contemplating a major expansion at its Thomson West Eagan campus located
on Highway 149 and Opperman Drive. The proposal currently under consideration is for
a more than $100 million capital investment to build 425,000 square feet of office space
as well as 80,000 square feet of data center space. When complete, this new construction
will create enough space for 2,000 additional workers by the end of 2012.
This proposed expansion is driven by our rapid growth over the past 10 years. The
additional 2,000 positions will be high-quality, brainpower jobs - exactly the kind of
positions the City of Eagan and State of Minnesota want to retain and grow. The Eagan
campus is a global technology hub for many Thomson businesses worldwide. We already
have a highly skilled workforce of 6,800 workers, and a demonstrated need for additional
technology employees.
We are asking that the City pass a resolution to support special legislation that would
permit the creation of an Economic Development Tax Increment Financing District to
assist with costs associated with site improvements and construction of this project. We
request your support and partnership as we approach the Minnesota State Legislature for
approval of this legislation.
Thomson West and the City of Eagan have built a strong partnership, and we look
forward to working with you to make our building expansion project a reality.
i
Best Regards,
a__
1
Rick King
Executive Vice President and Chief Operations Officer
Thomson North American Legal
Thomson North American Legal
610 Opperman Drive, Eagan, MN 55123, Tel (651) 848-7819 Fax (651) 848-7044 www.thomson.com
1!~
Eagan Boundary
Right-0f -W
Location Map M
ow ~
r
0
a
ME F~
F13 • e•
C=2 0
® !
40 AM
® q
tr t IlEs ®am. °
I• I •I root u q Sub"ect Site
00
R
4%
t
r ~ ® ~r
0
O
~ I
r
.m
O
9e • WL1JY
~ a 9
e Q
%
I °
nor
1000 0 1000 2000 Feet
Development/Developer. Thomson Site
Application: NA
Case No.: NA
Map Prepared using ERSI ArcVlnw A1. Parcel bass msp data provided N
by Dakota of B THIS MAP IS INOffics of GIS and is cuffent as of April TENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
eomrnuatty nevalopmerrt D.panm.pt.- not responsible for errors or omissions.
MF9 1 ^
xp ~ ~
f~ 40
;0;4 At
•#,L
o.w IF
u
~t r
A lj 4t
- :h r v r~ s
o ~
Thomson Site ns 162.5 0 325 Feet
Possible Parcel Division Scenario TT
I ~v
CITY OF EAGAN -
BUSINESS ASSISTANCE POLICY
Adopted December 19, 2006
1. PURPOSE
1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer assistance for
commercial and housing development and redevelopment projects. The Business Subsidies
Statutes are codified as Minnesota Statutes 116J.993 through I16J.995.
Minnesota Statutes 116J.993, Subd. 3 defines a Business Subsidy as "a state or local government
agency grant, contribution of personal property, real property, infrastructure, the principal amount
of a loan at rates below those commercially available to the recipient, any reduction or deferral of
any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or
any preferential use of government facilities given to a business." Appendix A lists forms of
financial assistance that are not a business subsidy. This policy shall be used as a guide in
processing and reviewing applications requesting business assistance.
1.02 The City shall have the option of amending or waiving sections of this policy when determined
necessary or appropriate. Minnesota Statutes 116J.994, Subd. 2, allows the City to deviate from
its criteria by documenting in writing the reason for the deviation and attaching a copy of the
document to its next annual report to the department.
2. STATUTORY LIMITATIONS
2.01 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must
comply with applicable State Statutes, including Minnesota Statutes II6J.993 through 1161.995.
3. GOALS
3.01 As a matter of adopted policy, the City of Eagan will consider using a business assistance tool to
assist private developments only in those circumstances in which the proposed private projects
show a demonstrated financing gap and meet one of more of the goals, as identified in the City of
Eagan's Comprehensive Plan for Economic Development dated February 22, 2001.
4. BUSINESS ASSISTANCE PROJECT APPROVAL CRITERIA
4.01 All new projects approved by the City of Eagan should meet the following mandatory minimum
approval criteria. However, it should not be presumed that a project meeting these criteria will
automatically be approved. Meeting these criteria creates no contractual rights on the part of any
potential developer.
A. The assistance shall be provided within applicable state legislative restrictions, State Auditor
interpretation, debt limit guidelines, and other appropriate financial requirements and
policies.
B. The project should meet one or more of the goals referenced in the City of Eagan's
Comprehensive Plan for Economic Development.
.I)aI
C. The project must be in accord with the Comprehensive Plan and Zoning Ordinances, or
required changes to the Comprehensive Plan and Zoning Ordinances must be under active
consideration by the City at the time of approval.
D. The assistance will not be provided to projects that have the financial feasibility to proceed
without the benefit of the assistance. Assistance will not be provided solely to broaden a
developer's profit margins on a project. Prior to consideration of a business assistance
request, the City may undertake an independent underwriting of the project to help ensure
that the request for assistance is valid.
E. Prior to approval of business assistance, the developer shall provide any required market and
financial feasibility studies, appraisals, soil boring, information provided to private lenders
for the project, and other information or data that the City or its financial consultants may
require in order to proceed with an independent underwriting.
F. Any developer requesting business assistance should be able to demonstrate past successful
general development capability as well as specific capability in the type and size of
development proposed.
G. The developer must retain ownership of the project at least long enough to complete it, to
stabilize its occupancy, to establish the project management, and to initiate repayment of the
business assistance.
H. The level of business assistance funding should be reduced to the lowest possible level and
least amount of time by maximizing the use of private debt and equity financing first, and
then using other funding sources or income producing vehicles that can be structured into the
project financing, prior to using additional business assistance funding.
5. BUSINESS ASSISTANCE PROJECT EVALUATION CRITERIA
5.01 If a business meets the criteria in Section 4 and is eligible for assistance, the following, criteria
will be used to determine the amount of assistance and type of assistance that may be provided.
All projects will be evaluated by the EDA and Eagan City Council on the following criteria for
comparison with other proposed business assistance projects reviewed by the City, and for
comparison with other subsidy standards (where appropriate). It is realized that changes in local
markets, costs of construction, and interest rates may cause changes in the amounts of business
assistance subsidies that a given project may require at any given time. In applying the criteria to
a specific project, the following will apply:
A. The City may consider the requirements of any other business subsidy received, or to be
received, from a grantor other than the City.
B. If the business subsidy is a guaranty, the amount of the business subsidy may be valued at the
principal amount of the guaranteed payment obligation.
C. If the business subsidy is real or personal property, the amount of the subsidy will be the fair
market value of the property as determined by the City.
D. If the business subsidy is received over time, the City may value the subsidy as it determines
is fair and reasonable under the circumstances.
2
As used herein, "Benefit Date," means the date the business subsidy is received. If the
business subsidy involves the purchase, lease, or donation of physical equipment, then the
benefit date occurs when the recipient puts the equipment into service. If the business subsidy
is for improvements to property, then the Benefit Date refers to the earliest date of either
when the improvements are finished for the entire project or when a business occupies the
property.
E. All business assistance projects will need to meet a "Reasonable Rate of Return." Assistance
will not be used unless the need for the City's economic participation is sufficient that,
without that assistance the project could not proceed in the manner as proposed. The
Reasonable Rate of Return will be based on market standards at the time of the application
for assistance.
F. Business assistance will not be used when the developer's credentials, in the sole judgment of
the City, are inadequate due to past track record relating to: completion of projects, general
reputation and/or bankruptcy, or other problems or issues considered relevant by the City.
G. Business assistance funding should not be provided to those projects that fail to meet good
public policy criteria as determined by the Council, including: poor project quality; projects
that are not in accord withthe comprehensive plan, zoning, redevelopment plans, and city
policies; projects that provide no significant improvement to surrounding land uses, the
neighborhood, and/or the City; projects that do not have significant new, or retained,
employment; projects that do not meet financial feasibility criteria established by the City;
and projects that do not provide the highest and best desired use for the property.
H. All projects receiving business assistance under the criteria listed in Mmnesota Statutes
116J.993, Subd. 3 must meet the job and wage goals described below. Minnesota Statutes
116J.994, Subd. 2 allows the City to deviate from its criteria by documenting in writing the
reason for the deviation and attaching a copy of the document to its next annual report to the
Department of Employment and Economic Development.
I . Except as described in 2 and 3, a business subsidy must result in the creation or retention
of jobs, which will pay at least 80% of the Median Income for Dakota County (base
jobs). In addition, consideration will also be given to the creation or retention of jobs,
which will pay 100% of Median Income for Dakota County (head of household jobs).
The Median Income for the County is annually defined by the Minnesota Housing
Finance Agency. In 2006, 100% of the median is $78,500 and 80% of median is
$62,800. Wage goals will be set forth specifically in the business subsidy agreement.
Where job creation is one of the public purposes of the business subsidy, the subsidy may
be up to $10,000 per base job retained or created and may be up to $20,000 per head of
household job retained or created. The amount of assistance available to a project will be
limited by the amount of proceeds that TIF or other financing tools may support.
2. Job creation or retention is not required for businesses subsidies as long as the grantor
identifies an alternate public purpose in addition to tax base increase. If after a public
hearing/council consideration of the alternate public purpose(s) proposed, the creation or
retention of jobs is determined not to be a goal, the wage and job goals may be set at
zero.
3. In lieu of job creation or retention, other measurable, specific, and tangible goals shall be
established. Examples of tangible goals may include redevelopment, or pollution or soil
remediation.
3 (a3
I. Business assistance will normally be used for projects that address the following land use
issues: (1) more compatible with the City's Comprehensive Plan than other permitted uses for
property; (2) located on property which needs but is not likely to be developed or redeveloped
because of blight or other adverse conditions of the property; and/or include design and/or
amenity features not otherwise required by law.
J. Business assistance will be evaluated on the project's impact on existing and future public
investment: (1) whether and to what extent the project will utilize existent public
infrastructure capacity and the extent it requires additional publicly funded infrastructure
investments; (2) arrangements for the City to receive a direct monetary return on its
investment in the project.
K. Business assistance will normally be used for projects that demonstrate to the satisfaction of
the City adequate financing for the project is available and that the project will be completed
in a timely fashion.
L. Business assistance from the City must satisfy all requirements of Minnesota Statutes
116J 993 through 116J.995.
5.02 Some criteria, by their very nature, must remain subjective. However, wherever possible
"benchmark" criteria have been established for review purposes. The fact that a given proposal
meets one or more "benchmark" criteria does not mean that it is entitled to funding under this
policy, but rather that the City is in a position to proceed with evaluations of (and comparisons
between) various business assistance proposals, using uniform standards whenever possible.
Pat Geagan
Mayor
4 1~4
CITY OF EAGAN
TAX INCREMENT FINANCING POLICY
Adopted December 19, 2006
1. PURPOSE
1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer tax increment
financing assistance for commercial and housing development and redevelopment projects. The
Minnesota Tax Increment Act is codified as Minnesota Statutes 469.174 through 469.1811.
1.02 As a matter of adopted policy, the City of Eagan will consider using tax increment financing to
assist private developments only in those circumstances in which the proposed private projects
show a demonstrated financing gap and meet one of more of the goals, as identified in the City of
Eagan's Comprehensive Plan for Economic Development dated February 22, 2001.
1.03 This policy shall be used as a guide in processing and reviewing applications requesting tax
increment financing assistance. The City shall have the option of amending or waiving sections of
this policy when determined necessary or appropriate.
1.04 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must
comply with applicable State Statutes, including Minnesota Statutes I I6J.993 through I I6J.995.
2. USES
2.01 Tax increment may be spent only for specified purposes permitted in the underlying development
statutes. Such purposes generally include: land and/or building acquisition; site improvements;
demolition and relocation; parking, streets and sidewalks; public and on-site utilities; other public
improvements; and interest.
Because the development statutes are often ambiguous, whether a particular activity is
TIF-eligible may depend on the facts in each case.
2.02 The City may retain a maximum of 10% of the tax increment to pay for administrative authorized
in the TIF Plan. The City may also retain an additional 5 to 15 percent for pooling, depending on
the type of tax increment district.
3. BUT FOR TEST
3.01 The City must find that the increased market value of the site that could reasonably be expected
to occur without the use of tax increment financing would be less than the increase in the market
value of the proposed development after subtracting the present value of the projected tax
increments for the maximum duration of the district permitted by the TIF Plan according to
Minnesota Statutes, Section 469.175, subd. 3(d).
3.02 A pro forma must be provided by the developer to complete a pro forma analysis for the proposed
project and statement explaining the need for tax increment.
4. TYPES OF FINANCING
4.01 The City will consider "pay as you go" financing arrangement with the developer. For pay as you
go financing, the developer pays for various TIF-eligible costs initially, and the authority
aJ
promises to reimburse the developer from tax increment over time as it is generated. This
arrangement may be structured as a revenue note or bond issued to the developer, with an interest
component to compensate the developer for costs of financing the improvements up front.
4.02 Bonds secured by tax increments may be issued when there is a need for initial capital to finance
public or private improvements. The bonds may be general obligation bonds backed by the full
faith and credit of the City.
5. TERM OF ASSISTANCE
5.01 The City retains the ability to provide a shorter term for the tax increment than allowed by
Minnesota Statutes 469.174 through 469.1811
6. ADDITIONAL CRITERIA BY TIF DISTRICT TYPE
6.01 Redevelopment and Renewal and Renovation Tax Increment Districts must consist of parcels
with 70 percent of the area of the district occupied by buildings, streets, utilities, paved or gravel
parking lots or other similar structures. They also must contain structurally substandard buildings,
as defined in Minnesota Statutes 649.175, Subd. 10 and 10a. The City will work with an
independent third party to make the determination if a District qualifies.
A. Districts typically will include multiple parcels within the City of Eagan.
B. Applications must include a master plan of the developer, including a unified, integrated
development approach to the entire area and/or major sub-area.
6.02 Housing Tax Increment Districts must develop a facility intended for occupancy in part by
persons or families of low and moderate income. The City will give priority to mixed income
developments.
A. Rental projects must satisfy the income requirements for qualified residential rental
projects under Section 142(d) of the Internal Revenue Code. The three options for income
limits on a standard housing district are 20% of the units at 50% of median income, 40%
of the units at 60% of median income, or 50% of the units at 80% of median income.
B. For single family developments, at least 95% of the houses assisted with tax increment
must be occupied with persons at 100% of median income for a family of two or less and
115% of median income for families of three or. Median income under this provision is
the greater of the statewide median or the county median and is annually updated.
6.03 Economic Development Tax Increment District must find that the district will (1) discourage
business from moving to another state or municipality; (2) increase employment in the state; or
(3) preserve and enhance the tax base of the state.
A. Increment may not be used to assist developments if more than 15% of the buildings and
facilities (on a square footage basis) are used for a purpose other than manufacturing;
warehousing, storage and distribution of tangible personal property (excluding retail
sales); research and development related to the aforementioned activities; telemarketing,
if that activity is the exclusive use of the property; and space necessary for and related to
the above.
I~~
B. All projects receiving business assistance must meet the job and wage goals described in
Section 5.01 (H) of the City's Business Assistance Policy.
6.04 Soils Condition Districts require the presence of hazardous substances, pollution, or contaminants
requiring removal or remedial action for use.
6.05 Hazardous Substance Sub-districts consist of parcels within a TIF District of any kind that are
"designated hazardous substance sites" or are contiguous parcels that the authority expects to be
developed together with the hazardous substance site.
Pat Geagan
Mayor
I~ I
A bill for an act
relating to the City of Eagan; authorizing creation of a tax increment financing
district
Section 1. [ESTABLISHMENT.] (a) The City of Eagan may establish
within the corporate boundaries of the city one or more economic development tax
increment financing districts subject to the special rules under subdivision 2. The
districts must located within the area described in paragraph (b).
(b) For purposes of this section, the "area" is defined as
Sec. 2. [SPECIAL RULES.] (a) If the city elects upon adoption of the tax
increment financing plan for the district, the rules under this section apply to the district.
(b) The limitations on spending increment for developments more than 15
percent of the square footage of which are used for purposes other than those listed in
Minnesota Statutes, section 469.176, subd. 4c do not apply.
(c) Increments may be expended on parking, including structured parking,
wetland mitigation, sanitary sewer, storm sewer, water, and street improvements inside
and outside the area defined in section 1, paragraph (b), wherever located, whether or not
included in a tax increment financing district, and without regard to any limitations set
forth in Minnesota Statutes, section 469.1763, subdivision 2, so long as such
improvements are related to development within the area defined in section 1, paragraph
(b) and on administrative expenses.
(d) The provisions of Minnesota Statutes, section 469.177, subdivision la
regarding original local tax rate do not apply.
Sec. 3. [EXPIRATION.] The authority to approve tax increment financing
plans to establish tax increment financing districts under this act expires on December 31,
2008.
[EFFECTIVE DATE.] This act is effective upon compliance by the city of Eagan
with Minnesota Statues, section 645.021.
CITY OF EAGAN
RESOLUTION NO.
RESOLUTION SUPPORTING ENABLING LEGISLATION TO
PERMIT TAX INCREMENT FINANCING FOR
THOMSON WEST EXPANSION AND '
AUTHORIZING PRELIMINARY ACTIVITIES
WHEREAS, the Thompson West division of Thomson Corp. is considering expansion of
its Eagan campus;
WHEREAS, Thompson West currently employs approximately 6,800 persons at that
location;
WHEREAS, the expansion project could involve $100 million of new construction and
provide 2,000 additional jobs at the campus;
WHEREAS, the availability of tax increment assistance may be necessary to induce
Thomson to proceed with the project in Eagan rather than construct similar facilities in another
state;
WHEREAS, special legislation is required in order for the project to be eligible for tax
increment assistance under Minnesota law; and
WHEREAS, Thomson's decision to proceed with the project in Eagan will require timely
consideration of authorizing legislation and financing plans.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan as
follows:
1. Determination. It is hereby found and determined that the potential attraction of
additional jobs and expanded tax base resulting from the project is an extraordinary opportunity
for which the use of tax increment financing, if available, should be considered.
2. Legislation. This Council hereby expresses its support for special legislation that
would make the project eligible for tax increment assistance under a nine year Economic
Development TIF District. The amount and nature of assistance, if any, would be determined
only after completion of necessary procedural steps and consideration by the Council of all
relevant factors.
3. Preliminary Actions. City officers, staff and consultants are hereby authorized to (a)
support and encourage the adoption of legislation to authorize the City to provide tax increment
assistance for the project and (b) obtain such information and prepare such preliminary plans as
may be necessary or appropriate for the Council to consider in the event authorizing legislation is
passed.
ag
ADOPTED by the City Council of the City of Eagan this 6a' day of March, 2007.
By:
Mike Maguire
Its: Mayor
Attest:
Maria Petersen
Its: City Clerk
Ayes:
Nayes:
CERTIFICATION
I, Maria Petersen, City Clerk of Eagan, Dakota County, Minnesota, do hereby certify that
the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan,
Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of March, 2007.
Maria Petersen, City Clerk
(seal)
ATTENTION: Please be advised that the City of Eagan will not issue building and/or grading
permits, or order the installation of public improvements until this form has been
signed by the County Recorders Office and mailed to the City Clerk.
I hereby verify that the above said plat was recorded at the County Recorders Office
on (date).
BY:
ITS:
fb.us.1782927.01
3~
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
MARCH 6, 2006
A. CALL TO ORDER
B. ADOPT AGENDA
C. APPROVE MINUTES
D. OLD BUSINESS
L. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Approve
Predevelopment Agreement with Atlas of Minnesota regarding Potential
Redevelopment of Property on the South Side of Hwy 55
E. NEW BUSINESS
F. OTHER BUSINESS
G. ADJOURN
131
Agenda Information Memo
Eagan Economic Development Authority Meeting
March 6, 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.
ATTACIEWENTS:
• Minutes of the February 6, 2007 EDA meeting on pages.-"1
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 M] UTES
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.
133
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
Agenda Memo
Eagan Economic Development Authority Meeting
Old Business
March 6, 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 (New Information in Bold):
• 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.
135T
Agenda Memo Page 2
Eagan Economic Development Authority Meeting
Old Business Item 1
March 6, 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.
• This item was originally scheduled before the EDA on February 20, 2007, but
was continued at that time at the developer's request. While the developer
has not excluded the retail scenario at this time, he has begun to explore in
greater detail the potential for an industrial/business park redevelopment of
the property.
• The developer requested that the preliminary development agreement be
modified to cover that alternative as well. Since such a project would be
consistent with the current Guide Plan and Zoning, some of the market and
comparative analyses in the agreement would not apply. If the developer
intends to request public financing assistance or property assembly
assistance, however, the other aspects of the agreement including the
presentation of verifiable financial analysis, would continue to be necessary.
The agreement also provides the mechanism by which the developer covers
the costs of the City's review of the assistance request.
• The revised 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 through
• Redevelopment District map on page f.
• Property owner map on page
• Redevelopment Concept Site Plan on e
• Predevelopment Agreement on pages through
1362
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 60' day of March, 2007.
Jon Hohenstein, Secretary/Deputy Executive Director
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 6 h day of March, 2007.
Maria Petersen, City Clerk
`~o
w
a m
w co
a d w °o
E N C N
N CD
O v E
133 cm
a: CL 'D
to
to F J
d
t
w
O
2
f'~ Ohl Y-149 ~o
+ \
I
i
I
Tw-
IT V,
13~
V
75
L.L
r '~~d' ns m^ 'fi'r /
fir, ' 3 ~ _ _i ~ ~ • a f~+' t ' ~ N
i77
. C,.
Lam=
~ ` " s rt -ter
a 4 1 J ^M j E m L
64
- C m
\J ~at • -l i .#i rte" s.,r~r / a ;.-.~y - _ r,,,~~, m w
0 ~ ~ , .k ~ ' to sr /1~ ~ ~ ~ C ,I r, ~
I~~ `r _ xr ya>4 I +t • , ~ 900
~s '1 Le
Ire W, Q O
LI,
i _1y v a & . T ,s~~..:w~ 1 ~¢"f f_ ,!1a•~w r s _-o a-_' _
r' tl ~e~ _ ~_.,:y M1i .u ~ ~l.- t N ~ ' r • _
F Id JC Ub. ~ sr
l l ~I 40 S ,~~it a it
• ® DAM
; t Q
f 9iis~ INx SRI . IM&Z _
rF; - ~ y . ~ i~~ a r~s ' ICY' _ o
Y
s \ I
Ul)
` I
j / '[9CP"> T~_ / n ,i is 8 ^'`I \ Z
iwl!
S ~I`_ 1 \\L+~, iii" i 3 ~ N~ ~ x'33 ~ ~O,Q•
wi. T
yes € x a 4tn,p~5l:• y~. i
' II ~t~~t. 1. ,i~'~. •r\ - t: ~k~ ppQQ ~li_ E/°,w " Gu
Tn 10 "A W - F g E
/ ` i ~ 1 •'L ~_y -4 Y / 3 C FF C D:O P. Z F U N
€i''r. F~..•.•:~ 7 [ ~:-~,~_Vi .i; i ' 7: p ~o c, l rte.
41
mar!
1.0
96
AQ `
\ / ' r _ ~•7 ~ ' .fit, ~ I ` _
j if
\ gs .7,l E s s
µ ~6qi j•'~. S rS~3 „ '1U:.' .i / } J j. h e"/
A
~ h° ;4!.• it { ~//i'Y'% l ai a
Ell*
,c
it tl ti ~ > \
f r\\ ter'` ~l r ° /
y
'J ~ N, r1 1 ~ / F
r ' 777
_ .a~ `~~"~._t~ , ~ B1 ~ iii i.
its
~s. nr_o s •a er n..Tr.r ..T._ n v~e....sl'an .•r'..)
PRELIMINARY REDEVELOPMENT AGREEMENT
THIS PRELIMINARY REDEVELOPMENT AGREEMENT ("Agreement") is made
and entered into as of the day of , 2007, 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 either new retail or new or improved commercial-industrial 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 terms 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 $25,000.00 paid by Redeveloper to
the City (the "Escrow Deposit), the receipt of which is hereby acknowledged, the
City hereby agrees that for the term of this Agreement it will not: (i) provide or
enter into an agreement for provision of financial assistance to any third party in
14~
connection with any proposed development within the Site; and (ii) condemn or
agree to proceed with the condemnation of any property within the Site to assist
or facilitate development within such area by a third parry. 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 may
include commercial retail uses, or, in the alternative, new or redeveloped
commercial-industrial 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. It is the explicit desire of the
City, however, that the motel property at the northwest end of the project area be
included in a coordinated redevelopment of the entire project area.
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 normal and reasonable costs and expenses incurred by the City in connection
with work done regarding the project by the Consultants.
5. Examples of public assistance that may be available in connection with the
redevelopment include the following:
/I -2-
4
a. Site Assembly. The City will consider acquisition of portions of the Site
based upon terms and conditions acceptable to the City which terms and
conditions will be contained in the Development Agreement. Acquisition
may be through negotiated purchase, or condemnation or a combination.
The City prefers that acquisitions be by agreement with the existing
property owners and asks that the Redeveloper use its best good faith
efforts to make such necessary acquisitions. Acquisition by the City
using its condemnation authority shall be considered only after the
Redeveloper has 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. Any acquisitions made by the Redeveloper
after the date hereof will be deemed made in anticipation of possible
public assistance and approvals as the City may eventually deem
appropriate to make in its sole judgment.
b. Tag 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. Subsequent
acquisitions by the Redeveloper or the City shall be deemed necessary
expenditures in connection with any such TIF subsidy.
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 giving 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 involve matters in 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.
-3-
J44
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
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
-4-
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
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing was acknowledged before me this day of , 2007,
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 , 2007,
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
-5-
14(-P
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing was acknowledged before me this day of , 2007,
by , the of Atlas 55, LLC, a
Minnesota limited liability company, a Minnesota corporation, on behalf of the limited liability
company.
Notary Public
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+7
EXMIT "A"
Parcel A (Map ID RAN)
PIN: 10-00200-010-29
That past of the Sond aat Qua w of the Northwest QusrW (SE X of NW 'K) of Scotian Two (2). To+vaship Tvveaty-seven (27).
RaageTwmty~ (231 deamlied as Beginning at s point on the Wet Rae of said Sontlnt Qaartar of Nonhwat Quarter (SE 14 ofNW li) distant 370 fen North of
the atone monwaM loaned a the most Westerly suer of Lot F4M of &v RAbert O'Na71 Beanestead, thence t sari Ems
right enpks 10 aid West line 491,2S feet to an entemnfi n with the Southwest right of way fine of Truak Hit mq No. SS; thence
Northwest on the htst named line 559 os feat m on iatersectm with said West %w tbeaa South on said West One 2669 feet to
thepoia ofbgbnkg
EXtEPTM THEREFROM:
That part of do above desa %c d tract which lies N stedy of it line run padl W with and distant 169 feet Soudiwestedy of the
following deaenW lino Bq*ming at a point one the West line of said Seadion Two (2), distant 459.0 feet South of the Northwest
rmner thereof thence inn SomhWaty at as antic of 61 degrees 31 zubmtes with aid Want suction Ow for 2,118.7 feet and there
aamtaa&& acaarding to the United States Govea mew Survey► thereof and sityate in Daiwts Coamtl►, NIMCWt&
AND
Parcel B
(Map ID "B") PIN: 10-00200-020-29 ,
Ail that part of the Southeast 1/4 of the Northwest 1/4 of Section 2, Township 27, Range
23, and lying Northwesterly of Lot 8, The Robert O'Neill Homestead, Dakota Co., Minn.,
and Southwest of the center line of State Trunk Highway No. 55 and South of a line
described as €oIIows: Beginning at a point on the Test line of said Southeast 1/4 of the
Northwest 1/4 distant 370 feet North of the most Westerly earner of said Lot 8, The
. Robes; O'Neill Homestead, Dakota Co., Minn., thence running East at right angids to said
West line of said Southeast 1/4 of said Northwest 1/4 to the center line of said State
Trunk Highway No. $5, and there terminating.
AND
(Map ID "C") PIN: 10-53320-080-00
All that part of Lots 7 and 8, The Robert OtHeiil Homestead, Dakota Co., Minn., lying
Southerly of State Trunk Highway No. 55, and lying Northwesterly of the following
described line: Beginning at a point on the center tine of Stare Trunk Highway No. 55,
said point being 781.24 Northwesterly of the intersection of said center line with the
North-South centerline of said Section 2, when measured Northwesterly along said highway
center line, thence sighting Northwesterly along said highway centerline, deflect left
89°571 a distance of 734.4 feet to the Northeasterly right-of-way tine of the Chicago,
MlIwaultee, St. Paul and Pacific Railroad and there terminating.
AND
(Map ID "D") PIN: 10-53320-081-00
All that part of Lots 7 and 8, TheliDbert 01HelII Homestead, Dakota Co., Minn., described
as follows: Beginning at a point on the eanterlIng of State Trunk Highway No. 55, said
point being 781.24 feet Northwesterly of the intersection of sold highway center- line
with the North-South center line of Section 2, when teeasured Northwesterly along said
highway center line, deflect left 690571 a distance of 734.4 feet to the Northeasterly
right-of-tray line of the Ch I cago MI lxaukee, St. Paul and Peel f I c Rai I road, thence .
Southeasterly along said tight-of-tray line 337.4 feet, thence deflect to the'left 1050551
a distance 821.0 feet to the center line of said State Trunk Highway No. 55, thence
Northwesterly along said Center lime 326.0 feet to the point of beginning, and subject to
said State Trunk Highway No. 55.
F5*1bir "A"
Page 1 of 3 Pages i , ~ j •
AND Map ID "Ed - PIN: 10-53320-082-00
Parcel C Map ID "F" - PIN: 10-53320-071-00
Parcel 1:
All that part of Lot 7, The Robert O'Neill Homestead, Dakota County. Minnesota lying Southwesterly of the center
One of Trunk Highway No. 65, subject to ruts of the State of Minnesota in said highway; together with all that
part of vacated Mendota Road accrued to said Lot 7 by the vacation of said road.
That portion of the following described tract which fin Southwest of the center Bra of Trunk Highway No. 65,
described as follows: Commenetng at a point on the East and West Quarter line of Section 2, Township 27,
Rye 23,1728.3 feet West of the East Quarter comer of said Section 2; thence North 3 degrees West, '5228.7
feet to a point; thence South 68 degrees 15 minutes West 2480 feet to a monument on the Easterly fine of the
ChicagO. Milwaukee and Saint Paul Railroad right of way, said monument being two rods North of the Quarter
one; thence Easwy 2225.7 feet to the place of beginning, being part of Lot 8, of The Robert O'Neill Homestead.
Dakota County, Minnesota.
ALSO, that part of the Southeast Quarter of the Northwest Quarter of Section 2, Township 27, Range 23 tying
Northwest of the aforedescribed land and Soutlwvest of the center Itne of Trunk Highway No. 55 and South of a
Rne described as bilows: Begirr*V at a point on the West One or said Southeast Quarter of the Northwest
Quarter distant 370 feet North of the stone monument at the most Westerly comer of Lot 8, The Robert O'Ne111
Homestead, Dakota County. Minnesota; thence running East at right angles to said West !the to an intersection
with said center One.
EXCEPTING THEREFROM:
AO that part of the Southeast Quarter of the Northwest Quarter of Seen 2, Township 27 North, Range 23 West,
and that part of Lois 7 and 8, Robert O'Neill Homesteads tying Southerly of STH No. 55 and lying Northwesterly
of the following described line: Begituting at a point on the centerf ne of STH No. 55. said point being 781.24 feet
Northwesterly of the intersection of said centerfine with the North-South centerrme of said Section 2. when
measured Northwesterly along said highway centerline; thence sighting Northwesterly along said highway
certerline, deflect left 89 degrees 57 minutes a distance of 734.4 feet to the Northeasterly right-of-way line of the
Chicago, Milwaukee, SL Paul and Pacific R. R. and thence terminating, except the North 266.9 feel of the
Southeast Quarter Northwest Quarter lying South and West of STH No. 55, Dakota County, Minnesota
EXCEPTING THEREFROM:
All that part of Lots 7 and 8, Robert O'Neil Homestead described as follows' Beginning at a point on the
centeline of STH No. 55, said point being 781.24 feet Northwesterly of the intersection of said highway
c9nteri'ine; thence sighting Northwesterly along said highway centerlinne, deflect left 89 degrees 57 minutes a
distance of 734.4 feet to the Northeasterly rightofavay of the Chicago, Milwaukee. SL Paul and Pacific R. R.;
thence Southeasterly along said right-0f-way One 337.4 feet; thence detled to the left 105 degrees 55 minutes a
distance of 821.0 feet to the centerline of said STH No. 55; thence Norfhwestetiy along said centerline 326.0 feet
t4 the point of beginning, and subject to said STH No. 55, Dakota County, Wmnesota
EXCEPTING THEREFROM:
That part of Lot a. The Robert O'NeSO Homestead, Dakota County, Minnesota. according to the plat thereof on
Ole in the office of the County Recorder, Dakota County, Minnesota lying Southwesterly of the Southwesterly
right-omvay One of State Trunk Highway No. 55;
And that part of Lot 7 of said The Robert O'Neill Homestead Dakota County. Minnesota, lying Southwesterly of
said Southwesterly right-of way line and lying Southeasterly of the following described line:
Commencing at the Northwest corner of Section 2, Township 27 North, Range 23 West, Dakota County,
Mkmesota; thence South 0 degrees 50 minutes 24 seconds East (assumed bearing) along the West fine of the
Northwest Quarter of Section 2 a distance of 959.00 feet thence South 62 degrees 21 minutes 24 seconds East,
3,087.05 feet to the point of beginning of the line to be described; thence South 27 degrees 43 minutes 54
seconds West, 967.18 feet, more or less, to the Southwesterly line of said Lot 7 and there terminating.
Parcel 2:
Together with the benefits of an easement for ingress and egress contained within that certain Quit Claim Deed
dated December 21, 1967. recorded December 28. in Book 300 of Deeds. Page 103, as Document No.
345232.
Exhibit "A"
Page 2 of3 Pages
1 `f"~ .
AND
Parcel D - (Map ID -G" )
PIN: 10-53320-072-00
That put of Lot 6, The Robot O'Neill BomMad, Dakota County. D sm . accardiu4. to the pbt
thereof oA file in the office of the county Reorder, Dakou Comity, lrmnesoM lying Southwest of the
Southwesterly z&-of-way OW of State Trunk Highway No. 55,
and t3iat part of Lot 7 of said The Robert O'Neill Homestead, Dakota County, Minnesota. lying
Southwesterly of said So Owesterly titht-of-way line and lying Southwestety of the following described
liar
Com>nzaciAg 2t the Northwest ooraer of Secxioa 2, Tountship 27 Nic tk, Range 23 West. Aabata
Comtry, iLGtmesoa; ft m South 0°50'24• East (assumed bearings along the West lire of the
Northwest QM W of said Section 2, a dista= of 959.00 feet; thence South 62.21'24- Fast,
3.087.05 feet to the point of bq*Ming of the line to be described; theme South 27°43'54' West.
967.18 foes, more or less, to the Southey line of said Lot 7 and thew wnuinating.
Together with an easement for ingress and egress over that part -of Lot 7. The Robert O'Neill Homestead.
Dakota county. 1lf nnesom, =m ft to the plat thereof on file in ttu office of the county Reorder, n'
Dakom County. bfinnesM lyutg Sourthwesterly of the Southwesterly right-of-way line of State Trunk
MO way No. Ss, tyistg Northwesterly of Line A de='bed below and lying F.Mmly of Line B described
below:
Line A
Cotnmemang at the Northwest corner of Section 2, Township 27 North, Range 23 West, Dakota
County, MmmesoM -thence south 0050'24- list (assumed bearing) along the west line of the
Northwest Quartet of said Suction 2. a d1SWM of 959.00 feet: thence South 62.21'24` Fast.
3.087.05 feet to the point of beginning of the line to be dexdbed; ftm South 27°43'54• West,
967.18 feet, mote or less, to the Southwesterly tine of said Lot 7 and there terminating.
Line B
CommeeNg at the Nortbw= =M of Section 2, Township 27 North. Range 23 West, Dakota
COMP, Minnesota; thane South 0°50'24" East (assumed bearing) along the west lime of the
NortbWest Quarter of said Section 2, a distance of 959.00 feet; thence South 62°2)'24' East,
2,983.70 feet to the point of beghudng of due line to be de=ibed; theme South 27°38'36' West,
144.00 feet to the No'dmuft ly side of an 80.00 foot access opening on the Southwesterly .
right-of-way liter of said Statt Tim & Highway No. 55: thence South 19°39'59 Fast, 140.11 feet to
the intem wdw with the aforedescribOd Line A and there terminating.
Exhibit "A"
Page 3 of 3 Pages
I -
i
- ~ c w
r' m o
f m
Z
m ~
c ~
d o
E m
a U
O
j' N y
4p
w -
J
0 1
j ~
U i m
m C.
a o
Q Y a
_ a
I ~
1~~ 1
Exhibit B
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
January 16, 2007
A meeting of the Eagan Economic Development Authority was held on Tuesday, January
16, 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 Bakken moved, Commissioner Tilley seconded a motion to approve the
agenda as presented.
Aye: 5 Nay: 0
APPROVE MINUTES
Commissioner Bakken moved, Commissioner Fields seconded a motion to adopt a
resolution approving the minutes of the January 2, 2007 meeting as presented. Aye: 5
Nay: 0
OLD BUSINESS
CEDAR GROVE REDEVELOPMENT DISTRICT
REQUEST FOR PROPOSALS FOR CORE AREA REDEVELOPMENT
Community Development Director Hohenstein discussed an updated request for
proposals for the Cedar Grove Redevelopment District Master Developer.
Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the
updated Request for Proposals for the Cedar Grove Redevelopment District Master
Developer and authorize its distribution. Aye: 5 Nay: 0
CEDAR GROVE REDEVELOPMENT DISTRICT
RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR MARSHA
ELLINGSON PROPERTY, 3900 CEDARVALE DRIVE
Community Development Director Hohenstein discussed the purchase agreement for the
Marsha Ellingson property.
Commissioner Tilley moved, Commissioner Fields seconded a motion to adopt a
resolution to approve a Purchase Agreement and related documents for the Marsha
Ellingson property, 3900 Cedarvale Drive. Aye: 5 Nay: 0
/gC-)'~
CEDAR GROVE REDEVELOPMENT DISTRICT
STIPULATION FOR SETTLEMENT FOR ALL AMERICAN RECREATION / JR
MEGA PROPERTY AT 3820 SIBLEY MEMORIAL HIGHWAY
Community Development Director Hohenstein discussed a stipulation for settlement and
occupancy agreement for the acquisition of the property located at 3820 Sibley Memorial
Highway.
Commissioner Tilley moved, Commissioner Fields seconded a motion to approve a
stipulation for settlement and occupancy agreement for acquisition of the All American
Recreation (JR Mega) property located at 3820 Sibley Memorial Highway and authorize
the execution of the documents by the EDA President and Executive Director and Mayor
and City Clerk.
Aye:5 Nay: 0 .
NEW BUSINESS
NORTHEAST EAGAN REDEVELOPMENT DISTRICT
DIRECTION REGARDING CONCEPT PLAN FOR DART/ATLAS PROPERTY
Community Development Director Hohenstein discussed a predevelopment agreement
regarding the potential redevelopment of property in the Northeast Eagan Redevelopment
District. Commissioner Carlson noted that in addition to requiring the developer to
provide market information regarding the sustainability of retail development in the area,
a predevelopment agreement would also provide that the City would perform a third
party review to confirm the market information.
With that addition to the direction, Commissioner Carlson moved, Commissioner Bakken
seconded a motion to authorize staff and the City Attorney to negotiate a predevelopment
agreement regarding the potential redevelopment of property in the Northeast Eagan
Redevelopment District depicted in the concept plan presented by Atlas of Minnesota,
such agreement to include the factors for further consideration identified by the EDA and
Council. Aye: 5 Nay: 0
CEDAR GROVE REDEVELOPMENT DISTRICT
SIGNET PAINTING OCCUPANCY PROPOSAL
Community Development Director Hohenstein discussed an occupancy proposal from
Signet Painting for the business' continued occupancy at 4040 Cedar Grove Parkway.
Commissioner Carlson moved, Commissioner Tilley seconded a motion to accept an
occupancy proposal from Signet Painting for the business' continued occupancy at 4040
Cedar Grove Parkway and to approve occupancy until March 31, 2007. Aye: 5 Nay: 0
OTHER BUSINESS
There was no other business.
1
Agenda Information Memo
Eagan Economic Development Authority Meeting
March 6, 2007
F. OTHER BUSINESS
There is no other business to come before the EDA at this time.
G. ADJOURNMENT
ACTION TO BE CONSIDERED:
To adjourn the Economic Development Authority meeting.