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04/04/2007 - City Council Regular
AGENDA EAGAN CITY COUNCIL - SPECIAL MEETING EAGAN MUNICIPAL CENTER BUILDING April 4, 2007 8:00 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA f? Z A. APPROVE MINUTES j5 B. PERSONNEL ITEMS 17, 9 C. APPROVE CHECK REGISTERS 10D. APPROVE Off-Sale Liquor License for Brar Enterprises, Inc., dba Blackhawk Liquor, 4130 Blackhawk Road P 1 f E. APPROVE Tobacco License for Brar Enterprises, Inc., dba Blackhawk Liquor, 4130 Blackhawk Road iP 1 Z F. SET Public Hearing date for May 1, 2007 to certify delinquent false alarm bills p 13 G. SET Public Hearing date for May 1, 2007 to certify delinquent weed cutting bills p. (q H. SET Public Hearing date for May 1, 2007 to certify delinquent utility bills 1? 5 I. AUTHORIZE Resolution Ratifying the Proposed Issuance and Sale of Dakota Communications Center Public Safety Revenue Bonds, Providing for Allocated Share of the Payment Thereof P. 1q J. APPROVE Changes to 2007 Fees and Charges - ECC AV Equipment JR Q1 K. ACCEPT Wetland Delineation - Safari At Eagan, 3`1 Addition ZZ L. RECEIVE Bids / AWARD Contract - Contract 07-01 (Deerwood Dr., Wescott Road, Killdeer Addition, Sheffield Addition, Thomas Center Drive., Fawn Ridge I" & 2°d Addition, Westbury Addition, and Lexington Square, Overlay & Trail Improvements 2(L M. RECEIVE Updated Feasibility Report and Schedule Public Hearing (May 1, 2007) Project 905R (Lebanon Hills/Long Acres - Storm Drainage) 7(o N. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 04-EE (Sycamore Place) 2,? O. AUTHORIZE Preparation of Joint Powers Agreement with Rosemount & Dakota County, Project 905R (Lebanon Hills/Long Acres - Storm Drainage) 26P. APPROVE Plans and Specifications and Authorize Advertising of Bids for Contract 07-03 (City-Wide Sealcoat) 3'OQ. APPROVE the Final Assessment Roll for Project 922 (Lone Oak Drive - Trail Improvements) and Project 937 (Lone Oak Parkway - Trail Improvements) 31 R. APPROVE Ordinance No. 405, regarding Placement, Erection & Maintenance of Signs and authorize publication L 4D S. SCHEDULE Special City Council meetings for April 24 and April 26 to conduct Advisory Commission interviews LF ( T. APPROVE extension of Final Subdivision for recording, Lo Nidy, located in the NW 1/4 of Section 13 43 U. CANCEL Regular City Council meeting scheduled for April 5, 2007 t jt V. APPROVE Lease Agreement between the City of Eagan and St. Croix Harley Davidson V. PUBLIC HEARINGS VI. OLD BUSINESS t45 A. CONTRACT 06-01, Receive Bids/Award Contract, TH 149 -Reconstruction (TH 55-Albano Trail) VII. NEW BUSINESS 51 A. PLANNED DEVELOPMENT AMENDMENT - Sam's Club - A Planned Development Amendment to allow a greenhouse tent sale of hanging plants, potted plants, trees shrubs, potting soil, mulch and to modify the gas station hours located at 3035 Denmark Avenue on Lot 3, Block 1, Eagandale Center Industrial Park No. 9 in the NE %4 of Section 10. (p-7B. REZONING - City of Eagan - A Rezoning of 2.3 acres from Transitional (T) to Residential Double (R-2) located at 3206 Sibley Memorial Highway on Lot 9, Block 1, Letendre Addition No. 3 in the SW '/4 of Section 9. T? c. C. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT - Miller Architects & Builders, Inc. - A Planned Development Amendment to allow a bank with a drive-thru and a Final Planned Development of 2.6 acres to construct a 2 story office building with a bank located at 1595 Thomas Center Drive on Lot 1, Block 1, Safari at Eagan 3`d Addition in the SW %4 of Section 28. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE I A. APPOINT REPRESENTATIVE to the Robert Street Corridor Steering Committee IX. ECONOMIC DEVELOPMENT AUTHORITY 1'28 A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business E. New Business 132 1. THOMSON EXPANSION PROJECT - Request that the City Council call for a Public Hearing on the establishment of a proposed Project Plan and the proposed Tax Increment Financing District. J39 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement and Related Documents for Acquisition of the Kelly Plourde Property at 3935 Cedarview Drive. F. Other Business G. Recess to Executive Session. X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. 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. 40klo City of Ema TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 30, 2007 SUBJECT: AGENDA INFORMATION FOR APRIL 4, 2007 CITY COUNCIL MEETING ADOPT' AGENDA After approval is given to the April 4, 2007 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 4, 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 NUNUTES ACTION TO IIE CONSIDERED: To approve the minutes of the March 20, 2007 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the March 20, 2007 regular City Council meeting are enclosed on pages through. 7 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL l1 Eagan, Minnesota March 20, 2007 A listening session was held on March 20, 2007 at 6:00 p.m. in the Eagan Room of the Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley and Bakken. Councilmember Carlson was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on March 6, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councihnembers Fields, Tilley and Bakken. Councilmember Carlson was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Engineer Russ Matthys; City Planner Mike Ridley, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATIONS The Fire Chief provided an update on a recent structure fire at Forest Ridge Apartments. CONSENT AGENDA Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the consent agenda as presented. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the February 13, 2006 Special City Council meeting and the March 6, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Kristin Bock, Kyle Lockwood and Megan McMahon as part time guest services reps at the Community Center. 2. It was recommended to accept the resignation of Stephanie Schanus, part time Clerical Tech III in Community Development. C. Check Registers. It was recommended to ratify the check registers dated March 8, 2007 and March 15, 2007 as presented. D. Exempt Permit . It was recommended to adopt a resolution approving an application for Eagan Ducks Unlimited, Chapter 181 to hold a raffle on April 24, 2007 at Royal Cliff, 2280 Cliff Road. E. Tobacco License. It was recommended to approve a Tobacco License change of address for Tobacco Outlet, 3450 Pilot Knob Road. F. Fire Department Operating Procedures. It was recommended to approve the Fire Departments revised Standard Operating Procedures (SOP'S) for implementation. G. Ordinance Amendment. It was recommended to approve an Ordinance Amendment to Chapter 2.50 pertaining to advisory commissions. H. Ordinance Amendment. It was recommended to approve an Ordinance Amendment to Chapter 6, Other Business Regulation and Licensing, Section 6.35 Gambling. 1. O'Neill Drive. It was recommended to approve a joint resolution from the City of Mendota Heights and the City of Eagan requesting a Municipal Boundary Adjustment for the annexation of that portion of O'Neill Drive within the City of Mendota Heights to the City of Eagan. J. Project 950. It was recommended to cancel Project 950 (Opperman Drive and TH 149-Intersection Reconfiguration). K. Contract 07-02. It was recommended to approve the plans and specifications for Contract 07-02 (Citywide Sanitary Sewer Lining) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, April 26, 2007, at the Utility Building, located at 3419 Coachman Point, Eagan MN 55122. L. Extension of Final Subdivision Approval. It was recommended to approve a 60-day extension of the Final Subdivision approval for Marian Addition, to create two single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE'/, of Section 27. l~ Eagan City Council Meeting Minutes ® A March 20, 2007 ' l Page 2 M. Ordinance Amendment. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to Permitted Accessory Uses n the Public Facility Zoning District. N. Alcohol Contract. It was recommended to authorize an amendment to the exclusive beverage contract with Holiday Inn that covers the Eagan Community Center to allow for the inclusion of the Eagan Market Fest in Central Park. 0. Donation. It was recommended to approve a resolution accepting a $15,000 donation from Gopher Resources for the Fire Department for the purchase of an off road / rescue vehicle. P. Liquor License. It was recommended to approve the temporary on-sale liquor license and waive the license fee for the Eagan Foundation for a wine tasting event on April 19, 2007. Q. Liquor License. It was recommended to approve the on-sale liquor and Sunday license for GM Eagan LLC, dba Green Mill Restaurant & Bar, 1940 Rahncliff Court. R. Tobacco License. It was recommended to approve a Tobacco License for GM Eagan, LLC (Green Mill Restaurant and Bar), 1940 Rahncliff Court. S. Extension for Recording Final Plat. It was recommended to approve a 90-day extension of time to record the final plat for Manley Commercial Addition, located on O'Neill Drive south of 1-494 and west of Argenta Trail in the NE of Section 1. T. Extension for Recording Final Plat. It was recommended to approve a 90 day extension of time to record the final plat for Red Pine Crossing, located south of Red Pine Lane and east of Highway 3 in the SE '/e of Section 36. U. Tree Maintenance Contractor License. It was recommended to approve a Tree Maintenance Contractor License for Thomas Holberg, Sherwood Tree Service, 12195 Upper 167' Street West, Lakeville. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS YANKEE DOODLE ROAD CORRIDOR / ACCESS MANAGEMENT STUDY PREFERRED ALTERNATIVES City Administrator Hedges introduced this item regarding Yankee Doodle Road Corridor and Access Management Study which was initially discussed by Council on December 19, 2006 and continued at subsequent meetings to allow staff more time for additional meetings with concerned parties and to allow the County's Physical Development Committee to consider the study and its impacts. City Engineer Matthys briefly discussed the study and then introduced Frank Loetterle, SRF, who made a presentation summarizing recommendations for each segment of the study. Roger Kleppe, Blue Cross Blue Shield, discussed concerns regarding the option for the west segment. He suggested that more information is needed regarding the impacts on Blue Cross' parking spaces and review of new land alternatives. Jim Zechmann, Don Stevens, Inc., requested that a study be conducted for a 3/. access to Discovery Road. City Engineer Matthys indicated that a study had been conducted and suggested a meeting be scheduled between City staff and Mr. Zechmann. Dave DeSutter; Don Stevens Inc, presented the results of a travel time study they performed regarding increased distance and time if left turns onto Discovery Rd were prohibited. Aravind Gottemukkula, Traffic Engineer hired by Don Stevens Inc discussed access spacing and the adverse effect the closure of Discovery Road would have on Don Stevens' business. Clint Racine, Culver's Restaurant, expressed his support for a traffic signal at Promenade and would like to see the O'Leary median break kept open. He discussed the adverse effects the closing of O'Leary would have on his business. Several Councihnembers expressed interest in connecting O'Leary Lane to the new street proposed along Blue Cross' east property line Eagan City Council Meeting Minutes March 20, 2007 Page 3 John Tapper, Gopher Resources, discussed their need for at least a 3/, access from Yankee Doodle Rd to their facility on the north side. The Council inquired about the possibility of shifting the existing full access median break further to the west to meet the County's spacing requirements. Engineer Matthys identified some potential constraints with topography and buried demolition waste but stated that that specific option has not been evaluated. The Council also questioned whether the segment of Yankee Doodle Rd. would ever need to be increased to 6 lanes. The SRF consultant responded that the traffic projections indicated that the current 4-lane design would be adequate for the projected 20 year study. Al Meinke, Skyline Displays, indicated they would tike to see more study conducted for the Discovery Road access. Kristi Sebastian, Dakota County Traffic Engineer, explained the County's Transportation Policy on access spacing. The Council expressed reservations about the proposed U-Turn option for the Discovery Rd. access issue. Council held a discussion and the following consensus was reached: West Segment (I-35E to Lexington Avenue): 1. Extend 6-lane design - Yankee Doodle Road from east of Denmark Avenue to east of Lexington Avenue. 2. Denmark Avenue intersection - Upgrade signal operation from current split phase to a full phase signal with supplemental pavement markings; modify configuration of median between Yankee Doodle and Town Center Drive restricting southbound left turns at Town Center Dr.. 3. Promenade and Blue Cross entrance intersection (Alt. 3W)- Relocate existing intersection slightly to the east with a full phase signal and all-way access, construct a new public street from Yankee Doodle to Town Center Drive near the east property line of the Blue Cross Blue Shied office tower with a direct connection to O'Leary Lane to be further evaluated.. 4. Promenade and Blue Cross entrance intersection (Alt 2W) - If Alt. 3 W is not feasible, then reconfigure existing full-access intersection and median opening to restrict north-south through movements and restrict left turns onto Yankee Doodle Road from the local side streets. Also restrict left turns from westbound Yankee Doodle into Blue Cross. 5. O'Leary Lane - Close median opening restricting access to right-in/right-out movements only. Middle Segment (Lexington Avenue to Mike Collins/Ivy Lane): 1. Extend 6-lane design - Yankee Doodle Road through Lexington Avenue to east of Discovery Road / Golfview Drive. 2. Columbia Drive / Wescott Woodlands Intersection - Maintain full movement intersection by aligning north- south approaches with side-street stop control allowing for full movements from all approaches. 3. Yankee Doodle Road, east of Columbia Drive - The driveway on north side of Yankee Doodle Road approximately 650 feet east of Columbia Drive would be removed and relocated to Columbia Dr. The Council directed that the Discovery Dr. access be studied further with the understanding that if a'/a access is not feasible, then the existing median would be closed as proposed. East Segment (Mike Collins Drive to Highway 149) 1. Maintain 4-1ane design - Yankee Doodle Road from Mike Collins Drive to Highway 149. 2. Mike Collins Drive/Ivy Lane Intersection - Modify median for 3/. intersection, allowing left turns from Yankee Doodle Road, and restricting left turns and through movements from the side streets with the concurrent construction of the Borchert Lane extension to TH 149. 3. Elrene Road/Compost Site Entrance Intersection - Install a full phase signal with all-way access 4. TH 149 Intersection - No changes are being proposed with this study. The Council directed that the Gopher Resources & Lo-Nidy entrances be studied further, including the possibility of relocating it to the west to meet the County's spacing guidelines. ,_9 Eagan City Council Meeting Minutes March 20, 2007 Page 4 NEW BUSINESS PRELIMINARY SUBDIVISION (BLUE RIDGE 7TH ADDITION), FINAL PLANNED DEVELOPMENT (LOT 1, BLOCK 1) - CSM CORPORATION City Administrator Hedges introduced this item regarding the Preliminary Subdivision of Blue Ridge 71' Addition to create two lots upon approximately 12.88 acres and a Final Planned Development for a 38,335 square foot office/warehouse building on 5.78 acres located on 2975 Lone Oak Drive. City Planner Ridley gave a staff report. The applicant was present to answer questions of the Council. Councilmember moved, Councilmember seconded a motion to approve a Preliminary Subdivision (Blue Ridge 7'1' Addition) to create two lots ugon approximately 12.88 acres located on 2975 Lone Oak Drive, legally described as Lot 2, Block 1, Blue Ridge 6 Addition, in the SW 114 of Section, subject to the following conditions: Aye: 4 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B3, B4, C1, C2, C4, D1, E1. 2. The property shall be platted. 3. Cross easements for ingress/egress shall be provided prior to final subdivision approval. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Final Planned Development for a 38,335 square foot office / warehouse building upon 5.78 acres (Lot 1, Block 1, Blue Ridge 7`b Addition), in the SW '/4 of Section 1. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve release of the building permit prior to final plat approval. Aye: 4 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE Communications Director Garrison and Advisory Planning Commission / Tech Working Group member discussed a proposed statewide high speed broadband policy to achieve I Gigabit access throughout Minnesota by the year 2015. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the High Speed Minnesota resolution urging the State of Minnesota to create a statewide high speed broadband policy to achieve 1 Gigabit access throughout Minnesota by the year 2015. Aye: 4 Nay: 0 Communications Director Garrison provided an update on FCC regulations regarding video franchising. The regular City Council meeting was recessed at 9:05 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:10 p.m. ADMINISTRATIVE AGENDA There were no items. VISITORS TO BE HEARD There were no visitors who wished to be heard. The regular City Council meeting was recessed to convene a Closed session to discuss the Supreme Court Hearing relative to Wensmann vs. City of Eagan. 1CJ Eagan City Council Meeting Minutes March 20, 2007 DR A Page 5 ~L•~ The meeting was adjourned at 9:40 p.m. Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo April 4, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Resignation/Fire Inspector- ACTION TO BE CONSIDERED: To accept the letter of resignation from Chris Grubb, Fire Inspector. Item 2. Part-time Clerical Tech III/Community Development— ACTION TO BE CONSIDERED: To approve the hiring of Jessie Koehle as a full-time Water Resources Assistant/Technician. Item 3. Part-time Clerical Tech III/Community Development— ACTION TO BE CONSIDERED: To approve the hiring of Barbara Kalstabakken as a part-time Clerical Tech III in Community Development. Item 4. Commander of Fire Prevention— ACTION TO BE CONSIDERED: To approve the hiring of Pat DiIoia as Commander of Fire Prevention. Item 5. Part-time Seasonal Equipment Maintenance Laborer-- ACTION TO BE CONSIDERED: To approve the hiring of Gordon Dentinger as a part-time seasonal equipment maintenance laborer. Item 6. Streets Maintenance WorkerNacancy-- ACTION TO BE CONSIDERED: To inform the City Council of a vacancy in the Streets Division. P) Agenda Information Memo April 4, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 22, 2007 and March 29, 2007 as presented. ATTACHMENTS: Check registers dated March 22, 2007 and March 29, 2007 are enclosed without page number. Agenda Information Memo April 5, 2007, Eagan City Council Meeting D. APPROVE OFF-SALE LIQUOR LICENSE FOR BRAR ENTERPRISES, INC., DBA BLACKHAWK LIQUOR, 4130 BLACKHAWK ROAD ACTION TO BE CONSIDERED: To approve the off-sale liquor license for Brar Enterprises, Inc., dba Blackhawk Liquor, 4130 Blackhawk Road. FACTS: ➢ Jasbir "Jess" Brar has applied for an off-sale liquor license with the City of Eagan. Mr. Brar owned Blackhawk Liquor prior to the last owner, Phom Chhang. Mr. Chhang is selling the business back to Mr. Brar. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. ATTACHMENTS (0): 1 f1 Agenda Memo April 5, 2007 Regular City Council Meeting CONSENT AGENDA: E. Tobacco License for Brar Enterprises, dba Blackhawk Liquor, 4130 Blackhawk Road ACTION TO BE CONSIDERED: Approve Tobacco License for Brar Enterprises, dba Blackhawk Liquor, 4130 Blackhawk Road FACTS: • Brar Enterprises has applied for a license to sell tobacco products at 4130 Blackhawk Road • They recently purchased the business from the previous owner • They will be doing business as Blackhawk Liquor • The Police Department reviewed the application and sees no reason to deny f~ Agenda Information Memo April 5, 2007, Eagan City Council Meeting F. SET PUBLIC HEARING DATE FOR MAY 1, 2007 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 1, 2007 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. ➢ The City currently has 12 delinquent accounts in the amount of $2,860. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): /lam Agenda Information Memo April 5, 2007, Eagan City Council Meeting G. SET PUBLIC HEARING DATE FOR MAY 1, 2007 TO CERTIFY DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 1, 2007 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews and considers delinquent weed cutting balances for certification to property tax statements for collection. ➢ The City currently has 7 delinquent accounts in the amount of $849.41. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): 1~ Agenda Information Memo April 5, 2007 Eagan City Council Meeting CONSENT AGENDA H. SET PUBLIC HEARING DATE FOR MAY 1, 2007 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 1, 2007 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi-annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. No attachments Agenda Information Memo April 5, 2007, Eagan City Council 1. AUTHORIZE RESOLUTION RATIFYING THE PROPOSED ISSUANCE AND SALE OF DAKOTA COMMUNICATIONS CENTER PUBLIC SAFETY REVENUE BONDS, PROVIDING FOR ALLOCATED SHARE OF THE PAYMENT THEREOF ACTION TO BE CONSIDERED: To authorize a resolution ratifying the proposed issuance and sale of Dakota Communications Center public safety revenue bonds, providing for allocated share of the payment thereof. FACTS: • The currently approved Dakota Communications Center (DCC) Budget provides approximately $6.629 million for the acquisition of equipment and reimbursement for conversion costs. The resolution authorizes a bond sale principal amount not to exceed $7,600,000 to provide for capitalized interest and other issuance costs. • These capital expenditures are proposed to be financed through the issuance of debt to be repaid with member assessments over a seven year period consistent with the DCC Budget. • The DCC Executive Committee recommended at its November 8, 2006 meeting and the Board approved at its November 15, 2006 meeting retaining Dorsey Law as legal counsel and Springsted Incorporated as fiscal consultants for the issuance of the debt. • At its December 2006 meeting, the Board concurred with the Executive Board recommendation to proceed with the issuance of revenue bonds to finance the equipment acquisitions. • The equipment acquisition process, award of contracts and approval of debt issuance is anticipated to be completed by April 2007. • The resolution limits each member's obligation to its allocated share of the principal per the Joint Powers Agreement and provides for prepayment by any member. • The resolution has been reviewed by City Attorney Dougherty and reflects his recommended changes. ATTACHMENTS: I0, • Enclosed on pages through ~ is a copy of the resolution. 1,5 RESOLUTION NO. RESOLUTION RATIFYING THE PROPOSED ISSUANCE AND SALE OF DAKOTA COMMUNICATIONS CENTER PUBLIC SAFETY REVENUE BONDS, PROVIDING FOR ALLOCATED SHARE OF THE PAYMENT THEREOF WHEREAS, pursuant to Minnesota Statutes, Section 471.59, the Cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, and West St. Paul, and the County of Dakota, Minnesota (collectively, the "Members"), have entered into that certain Joint Powers Agreement Establishing the Dakota Communications Center (the "Agreement"); and WHEREAS, the Agreement establishes the Dakota Communications Center joint powers entity ("DCC") for the purpose of, among others, acquiring and providing the facilities, infrastructure, hardware, software, services and other items necessary and appropriate for the establishment, operation and maintenance of a joint law enforcement, fire, EMS, and other emergency communications system for the mutual benefits of the Members and the people of Dakota County; and WHEREAS, the Agreement authorizes DCC to incur debt obligations for capital projects that do not exceed 10 years as necessary to accomplish DCC purposes; and WHEREAS, the Agreement provides that the costs of capital projects of DCC in the approved capital budget will be shared by the Members pursuant to a "Cost Allocation Model" as defined in the Agreement; and WHEREAS, the Board of Directors of DCC has proposed the financing of capital equipment for authorized DCC purposes (the "Project") through the issuance of public safety revenue bonds of DCC (the "Bonds"), which Bonds will be secured by the obligation of the Members to pay their proportionate shares of capital costs pursuant to the Cost Allocation Model, and has included principal of and interest on the Bonds in DCC's capital budget; and WHEREAS, DCC has the authority to issue the Bonds pursuant to the Agreement but, to enhance the marketability of the Bonds and achieve an interest rate savings, DCC and the City desire to cause the City and all other Members, prior to the issuance of the Bonds, to levy the tax necessary for the payment of their respective proportionate share of principal of and interest on the Bonds; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Eagan, Minnesota (the City), as follows: SECTION 1. RATIFICATION OF BOND ISSUANCE. The City hereby ratifies and approves the issuance and sale of the Bonds in a total principal amount not to exceed $7,600,000 on the further terms and conditions as provided by DCC. )f , SECTION 2. AUTHORIZATION OF PAYMENT OF ALLOCATED SHARE OF DEBT SERVICE. The City hereby authorizes payment of the City's allocated share of principal of and interest on the Bonds, calculated pursuant to the Cost Allocation Model attached hereto as Exhibit A. SECTION 3. TAX LEVY. For payment of the Bonds and the interest thereon when due, there is hereby levied on all taxable property in the City a direct general ad valorem tax in an amount required to pay when due the City's allocated share of principal of and interest on the Bonds as provided in, and limited by, Section 2 hereof. Upon the sale of the Bonds, the Eagan City Clerk is hereby authorized and directed to calculate such levy and file a certified copy of this resolution along with the levy in the records of Dakota County to receive certification that the tax required by law has been levied. The proceeds of the tax, when received, shall be deposited with a fiscal agent or trustee, as designated by DCC. The tax levied hereunder may be abated with another source of revenue of the City as provided by Minnesota law. The tax levy hereunder does not evidence a pledge of the full faith and credit and unlimited taxing power of the City to the payment of the Bonds. The Bonds will not be general obligations of DCC, the City, or any other Member. SECTION 4. PREPAYMENT. Regardless of the redemption and prepayment terms of the Bonds, the City reserves the right to prepay, in whole or in part on any date, its allocated share of principal of and interest on the Bonds in an amount sufficient to defease all or a portion of its allocated share of the Bonds. SECTION 5. CONSENT/COOPERATION. The City hereby consents to the distribution by DCC of an official statement describing the Bonds, the Project and the Members (including the City), and agrees to take such further actions, and authorizes its appropriate officers to execute such documents, as shall be necessary to provide for the issuance of the Bonds by DCC in accordance with the terms of this Agreement and this Resolution. ADOPTED this 5th day of April, 2007. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was made by Member , duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. EXHIBIT A Cost Allocation Model Percentage of Community Allocation Apple Valley 12.60% Burnsville 17.09% Dakota County 6.97% Eagan 18.00% Farmington 4.83% Hastings 4.08% Inver Grove Heights 6.40% Lakeville 11.48% Mendota Heights 1.74% Rosemount 4.90% South Saint Paul 5.87% West Saint Pahl 6.n40in Share Total (in percentage) 1000/6 G! Consent Agenda April 4, 2007 City Council Meeting J: APPROVE Changes to the 2007 Fees and Charges to include additional Audio Visual Equipment at the Eagan Community Center. ACTION TO BE CONSIDERED: To approve additions to the 2007 Fees and Charges that would allow for the rental of newly installed audio visual equipment and the addition of weekly rates for existing equipment. FACTS: • The City Council approved several capital improvements in the 2007 Eagan Community Center budget that would enhance the growing meeting needs in the building. Those improvements have been installed and are ready for the public to reserve as part of their meeting experience in the building. • The meeting rooms are seeing a higher level of daytime and evening use that requires additional audio visual equipment, which has been brought in by outside vendors in the past. • The addition of drop down screens, room darkening shades and plug-in sound system for laptops have been welcomed amenities that will see a great deal of use. • While the budget was set with anticipated revenue growth for audio visual enhancements the exact fees were not established by the City Council. • In addition to daily fees the ECC often has groups that are in the building for multiple days and it would be beneficial to have a weekly rate for services for those groups. • A survey was conducted of similar facilities as well as retail providers to help guide the pricing structure proposals. The proposed fees are comparable to similar facilities and slightly lower than the retail providers that have been brought into the ECC by renters. • The attached list identifies several current and new fees that are proposed to be incorporated into the 2007 fee structure. ISSUES: • None ATTACHMENTS: • Proposed additions to the 2007 Fees and Charges attached on pages . PROPOSED CHANGES TO 2007 FEES & CHARGES EAGAN COMMUNITY CENTER Item Current Proposed Proposed Dail Rate Dail Rate Weekly Rate LCD Projector $200 $200 $ 650 Overhead Projector 15 15 50 TVNCR 50 50 165! Projection Screen 6 foot tripod) 15 15 50 Projection Screen* 10 foot drop-down) New 45 150 Wireless Microphone 35 35 120 Hardwire Microphone 0 0 0 Easels 0 0 0 Flip Chart (w/paper & markers) 25 25 85 White Board 10 10 35 Podium 0 0 0 Hi Speed Internet 0 0 0 Portable sound System New 50 165 Sound 'System for Laptop* New 10 35 AV Package* New 300 1,150 Includes LCD projector, Projection screen, Flip Chart, White Board Wireless Microphone, TV. VCR and sound system for laptop Note: Whiteboard and white screen are included in Board Room fee 7 Agenda Information Memo April 4, 2007 Eagan City Council Meeting K. WETLAND DELINEATION - SAFARI AT EAGAN, 3RD ADDITION ACTION TO BE CONSIDERED: Receive and Affirm the Wetland Delineation Report for the Prime Security Bank development located on Lot 1, Block 1 Safari at Eagan, 3rd Addition. FACTS: • A wetland delineation report was submitted as part of the developer's application for Prime Security Bank proposed for the northwest corner of Cliff Rd. and Thomas Center Dr. • Minnesota Wetland Conservation Act (WCA) rules provide that the Local Government Unit (LGU) is responsible for wetland-related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. • On November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no-loss determinations to the Water Resources Coordinator while retaining approval authority for replacement and wetland banking plans. • Recent special interests and challenges to wetland-related decisions have resulted in administrative procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. • A wetland delineation report dated January 2007 was submitted by Kjolhaug Environmental Services Company, Inc. for this site. The Water Resources Coordinator has confirmed the delineation of a small area that is an apparent remnant of a wetland previously impacted by construction of Thomas Center Drive and the commercial development to the east. • The report has been reviewed, approved by staff and found to be in order for favorable Council action. 2-1 Agenda Information Memo April 4, 2007 Eagan City Council Meeting L CONTRACT 07-01, CITYWIDE STREET & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Award Contract 07-01 (Citywide Street & Trail Improvements), to McNamara Contracting, Inc., for the base bid in the amount of $1,468,438, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The bituminous overlay of o Deerwood Drive (Blackhawk Rd. to Pilot Knob Rd.- City Project 942) o Wescott Road (Pilot Knob Rd. to Denmark Ave. - Project 943) o Thomas Center Drive (Project 946) o Killdeer Addition (Joyce Court - Project 944) o Sheffield Addition (Sudberry Lane - Project 945) o Fawn Ridge Additions (Project 947) o Bituminous trail along the west side of Thomas Lake Road (Thomas Center Drive to the Highline Trail - also Project 946), is programmed for 2006 in the City's 5-Year Capital Improvement Program (2007-2011). • On November 21, 2006, the City Council authorized the street improvements for Deerwood Drive, and Wescott Road. • On December 19, 2006, the City Council authorized the street improvements for the Westbury Addition neighborhood, the Lexington Square neighborhood, and Thomas Center Drive (Thomas Lake Road to Cliff Road) and the trail improvements along Thomas Lake Road. • On January 2, 2007, the City Council authorized the street improvements for the Killdeer Addition, the Sheffield Addition, and Fawn Ridge Addition neighborhoods. • These projects have been combined under one contract (Contract 07-01), to increase economies of scale. • On January 16, 2007, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 07-01. • At 10:30 a.m. on February 15, formal bids were received for this project. • On February 20, the City Council rejected the bids received due to a discrepancy in the bidding document specifications and directed a new advertisement and bid solicitation. • At 10:30 a.m. on March 20, formal bids were again received for this project, with the bid document discrepancy corrected. The low bid from this new solicitation was $8,740 (0.6%) lower than the earlier rejected low bid. 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 McNamara Contracting, Inc. has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary, page 23. BID SUMMARY CITY CONTRACT 07-01 DEERWOOD DR, PROJECT NO. 942 THOMAS CTR DR., PROJECT NO. 946 (Blackhawk Rd. - Pilot Knob Rd.) Overlay/Trail Overlay WESCOTT RD, PROJECT NO. 943 FAWN RIDGE IT & 2r1D ADDNS (Pilot Knob Rd. - Denmark Ave.) PROJECT NO. 947 Overlay Overlay KILLDEER ADDN, PROJECT NO. 944 WESTBURY ADDN, PROJECT NO. 948 (Joyce Ct.) Overlay Overlay SHEFFIELD ADDN, PROJECT NO. 945 LEXINGTON SQ, PROJECT NO. 949 Overlay Overlay Bid Date: Tuesday, March 20, 2007 Bid Time: 10:30 a.m. Contractors Total Base Bid 1. McNamara Contracting, Inc. $1,468,438 2. Valley Paving, Inc. $1,493,605 3. Niles - Wiese $1,527,251 4. Northwest Asphalt, Inc. $1,529,774 5. Bituminous Roadways, Inc. $1,564,775 6. Hardrives, Inc. $1,737,280 Projec - t Low Base Bid Feasibility Report % Over/Under Engineer's % Over/linkr Estimate FR Estimate Estimate Ene Estimate 942 $318,073 $271,250 +17.3% $333,780 -4.7%- 943 $98,244 $92,590 +6.1% $116,230 -20.3% 944 $45,440 $48,590 -6.5% $46,120 -1.5% 945 $54,448 $71,360 -23.7% $60,020 -9.3% 946 $141,130 $137,130 +3.2% $137,650 +2.5% 947 $193,766 $244,740 -20.8% $216,260 -10.4% 948 $179,182 $212,920 -15.9% $203,750 -12.1% 949 $437,755 $497,780 -12.1% $495,900 -11.7% Totals $1,468,438 $1,576,360 -6.9% $1,610,000 -8.8% G:Projects.&Contracts/07-01/Bids&Spec/ 3-20-07 BidBidSununary Agenda Information Memo April 4, 2007 Eagan City Council Meeting M. PROJECT 90511R11. LONG ACRESILEBANON HILLS REGIONAL PARK - STORM DRAINAGE IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 905 R- Revised (Long Acres/Lebanon Hills Regional Park - Storm Drainage Improvements) and schedule a public hearing to be held on May 1, 2007. FACTS: • The City of Eagan's Comprehensive Storm Water Management Plan identifies a concept of providing for the managed conveyance of storm water flows from southeast Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park (LHRP). This project has been programmed for 2007 in the approved Capital Improvement Plan. • In 2005, Dakota County completed a comprehensive surface water management plan for the 1400 acre regional park to manage the rate and volume of water that flows through the park. • The original Project 905, approved by Council action at the July b, 2004 public hearing, incorporated the common elements of both the City and County's Comprehensive plans into one proposed project. With that Council authorization, staff then initiated the necessary discussions and meetings with all affected agencies to prepare the required cooperative funding agreement. • Since this project incorporates two watershed organizations (Gun Club Lake & Vermillion River) and will provide for the ultimate drainage from multiple agencies (Dakota County, Rosemount, Apple Valley & Eagan), it took a considerable amount of discussion and negotiations to achieve an acceptable method of cost allocation amenable to all jurisdictions. The end result will be multiple Joint Powers Agreements between various combinations of agencies. • However, now that an acceptable funding concept is close to being finalized, the original Council approval for Project 905 has expired (limit of 2 years). It is necessary for the Council to again formally consider the merits of this major drainage project at a new public hearing so it can proceed to fruition. • Subsequently, staff has revised and updated the original feasibility report with new cost estimates, schedules and design refinements for constructing the core storm drainage improvements that will provide for the managed conveyance of storm water flows from southeast Eagan (Gun Club pond) into and through LHRP by way of Marsh Lake and McDonough Lake connecting to the City's trunk system at the Holland Lake lift station. A draft of this "R"evised feasibility report is being presented to the Council for consideration of authorizing a new public hearing to be held on May 1, 2007. • An informational neighborhood meeting will be held with affected property owners and other interested stakeholders prior to the Public Hearing to review and discuss the proposed improvements represented in this revised feasibility report and address questions or concerns in greater detail than typically afforded at a formal public hearing. ATTACHMENTS: C~ • Location map of proposed improvements, page Z✓ . (Copies of the 95 page draft report are available from the Engineering Division upon request.) j 0 pal 1 11 1 8 *0 U ` S °1 -all a 0 ~ d D q a 77 dT =U ° °o P ~ ~ ° 00 ■ P o Q q O O, q 0 q o 0 W d s ■ • ` v p ■ = 0 9 o m > L ■L T `a 0. (D ~ t~7 c ° e d C C + o Oq O IL E ' o • ♦J w DD 4 V) N D C U L 0 -Y CY) 0 O Q. U kr~ N D O •O r L O C\ ~ cl, C p U r v C n O J O d q \ co Va91 _ ~p c a C V M- Ic El 0 CF c ov~ a Q c • C ; o EEI J J w c- ~ ~ o J ~ o 25 Agenda Information Memo April 4, 2007 Eagan City Council Meeting N. DEVELOPMENT ACCEPTANCE & MAINTENANCE AUTHORIZATION - CITY PROJECT 04-EE (Sycamore Place) ACTION TO BE CONSIDERED: Acknowledge the completion of improvements for City Project No. 04-EE (Sycamore Place) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. FACTS: • Sycamore Place is a single-family residential development located off White Pine Way in the southeast corner of the city adjacent to Inver Grove Heights. This development required the installation of public sanitary sewer, water main, storm sewer, and street improvements, along with grading, which were all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. 2_~q Agenda Information Memo April 4, 2007 Eagan City Council Meeting 0. PROJECT 9058, LEBANON HILLS DRAINAGE IMPROVEMENT - JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Authorize the preparation of a Joint Powers Agreement with Dakota County and Rosemount for Project 905R (Lebanon Hills Drainage Improvements) FACTS: • Project 905R will provide for "core" storm drainage improvements serving the Dakota County Lebanon Hills Regional Park, southeastern Eagan and portions of Rosemount and Apple Valley located within the Vermillion River Watershed. • As a result of numerous meetings and protracted negotiations with all involved agencies, a formula for joint funding participation has been conceptually established and can be used as the basis for the preparation of a formal Joint Powers Agreement (JPA). It is proposed that the City of Eagan enter into a JPA with both Dakota County and Rosemount. Simultaneously, Rosemount will enter into a separate JPA with the Vermillion River Watershed and Dakota County will enter into yet another JPA with the City of Apple Valley. • Due to a July 1, 2007 expiration deadline for a $0.5 million Department of Natural Resources (DNR) Flood Mitigation grant, it is important that the JPA's be prepared as soon as possible to accommodate the various agencies' process and approval schedules for timely execution by the July 1 deadline. Agenda Information Memo April 4, 2007 Eagan City Council Meeting P. CONTRACT 07-03,2007 CITYWIDE SEALCOAT ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 07-03 (Citywide Sealcoat) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, May 8, 2007. FACTS: • The Pavement Management Program of preventative maintenance seal coating 500,000 square yards of local streets throughout the City was authorized with the approval of the Seal Coat portion of the 5-yr Capital Improvement Program (CIP) and 2007 operating budget. • All of the construction activity for said improvements will occur within existing public right-of-way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Location Map, page. 7~ City of Eagan 2007 Sealcoat /yam SS y: i LONE OAK RD. h4t 55 z 0 O Z m / YA EE DOODLE RD. Y~ ao 0 S WESCOTT RD L~ O p DIFFLEY RD. Fn - J a o r O Z W CLIFF RD. O o - o nn ® Streets FA-2, (Modified 118") Excluding "Balls" of Cul de Sacs - 502,332 Sq. Yds. Date. 330/07 City of Eap Prepared by: City of Eagan Street Dept., SH File: I:\...\cm\streets~h~story\sealcoat\ Including "Balls" of Cul de Sacs - 554,794 Sq. Yds. pro;ects\2007sc annual_8xtt.mxd 7 ~ Agenda Information Memo April 4, 2007 Eagan City Council Meeting O. PROJECT 922, LONE OAK DRIVE- TRAIL IMPROVEMENTS AND PROJECT 937, LONE OAK PKWY- TRAIL IMPROVEMENTS FINAL ASSESSMENTS ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 922 (Lone Oak Drive- Trail Improvements) and Project 937 (Lone Oak Parkway- Trail Improvements) and authorize certification to Dakota County for collection. FACTS: • Project 922 provided for the construction of a bituminous trail along the west side of Lone Oak Drive, from Lone Oak Road to Lone Oak Parkway. Project 937 provided for the construction of a bituminous trail along the south/east side of Lone Oak Parkway, from Lone Oak Drive to Northwest Parkway. • Lone Oak Drive and Lone Oak Parkway are functionally classified as local streets in the City's Transportation Plan. According to the City's Special Assessment Policy, 100% of costs associated with bituminous trail construction adjacent to local streets are paid by the adjacent property owner(s). • CSM Corporation executed an agreement providing for a public/private partnership for the construction of these trail segments. The agreement states that the City of Eagan will provide the design, construction management and contract administrative services and CSM Corporation will pay all related construction costs of the trail via special assessments. They also waived their rights to a public hearing, along with any objections or options to appeal the final special assessments. • The final assessment cost is approximately 14.3% less than the estimated benefit amounts that were presented at the Public Hearing for Project 922 which was held on July 19, 2005, and the Public Hearing for Project 937 which was held on March 6, 2006. • CSM Corporation has been notified of the final amounts and the proposed adoption of the Final Assessment Roll at this meeting. ATTACHMENTS: • Final Assessment Report, pages througj~ . c~(J FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 922/937 Assessment: April 5, 2007 Name: Lone Oak Drive and Lone Oak Parkway Project Approval Date: March 6, 2006 Trail Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service ❑ Lateral Benefit WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral ❑ Street Extension ❑ Service ❑ Multi Family Equiv. ❑ Lat. Benefit/mulk ❑ WAC ❑ C/I Equiv. ❑ Driveway OTHER STREET LIGHTS H Trail $131.541.49 $153,490 Lump s ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed* Financed* 05-08 5 15 Years 6.00% $153,490 F.R. $0 F.R $131,541.49 $53,313.32 (F.R. = Feasibility Report) ~,1 40kip City of EMe To: Mayor and City Council From: Tim Plath, Transportation Engineer Date: March 6, 2007 Subject: Final Assessment Roll, Project 922/937 Lone Oak Drive & Lone Oak Parkway- Trail Improvements At the public hearing on March 6, 2006, the City Council ordered Project 922/937. In accordance with the feasibility report, trail improvements were constructed along the west side of Lone Oak Drive from Lone Oak Road to Lone Oak Parkway and along the east side of Lone Oak Parkway from Lone Oak Drive to Northwest Parkway. In the feasibility report, it was proposed to assess costs of the trail improvements to the adjacent properties in accordance with an agreement that was executed with the adjacent property owner, CSM Corporation. This agreement was executed on February 27, 2006 and defined the maximum amount of assessment, the parcels to be assessed and waived CSM's right to object to the assessments. The improvements were completed under Contract 05-08. The following information was used in the preparation of the assessment roll for Project 922/937. I. PROJECT COST The construction cost for Project 922/937 includes the amount of $131,541.49 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 $53,31332 were incurred resulting in an improvement and project cost of $184,854.81. A summary of the costs is as follows: CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Trail Construction $131,541.49 $53,313.32 $184,854.81 $199,500 Totals $131,541.49 $53,313.32 $184,854.81 $199,500 1 322 H. ASSESSMENTS A. TRAIL EWPROVEMENTS Special assessments for trail improvements were proposed in the feasibility report and are being proposed in this assessment roll in accordance with the agreement, dated February 27, 2006, between the City of Eagan and CSM Corporation. The proposed special assessments comply with the City's Special Assessment Policy except that the indirect costs are being paid by the City in an attempt to leverage adjacent property owner participation in this public improvement. The costs of the trail improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization LS 1 $ 14,443.75 $ 14,443.75 Remove Concrete Curb and Gutter LF 359 $ 2.50 $ 897.50 Remove 7" Concrete Apron Incl. Curb & Gutter SF 653 $ 1.60 $ 1,044.80 Remove 4" Concrete Sidewalk SF 259 $ 1.00 $ 259.00 Common Excavation (P) CY 1895 $ 11.95 $ 22,645.25 Select Topsoil Borrow (LV) CY 504 $ 12.30 $ 6,199.20 Aggregate Base Class 5 (100% Crushed) TON 2045.12 $ 12.40 $ 25,359.49 2" Bituminous Walk (LV45030B) SY 3990 $ 6.45 $ 25,735.50 Bituminous Mixture for Patching TON 11.12 $ 125.00 $ 1,390.00 4" Concrete Ped Ramp w/ Wet Cast for Truncated Dome Inset SF 666 $ 4.00 $ 2,664.00 Truncated Dome Detectable Warning Paver (2'x 2') EA 29 $ 64.00 $ 1,856.00 Concrete Curb and Gutter, Design B618 LF 359 $ 19.00 $ 6,821.00 7" Concrete Apron Incl. Curb & Gutter SY 72.5 $ 50.00 $ 3,625.00 Concrete Median (Nose) SY 18 $ 50.00 $ 900.00 Traffic Control LS 1 $ 1,320.00 $ 1,320.00 Zebra Crosswalk White-Epoxy SF 768 $ 4.50 $ 3,456.00 Sodding, Highland Type Lawn - Salt Resistant SY 5170 $ 2.50 $ 12,925.00 SUBTOTAL $131,541.49 Other costs @ 40.5% 53,313.32 Trail Improvement Cost $184,854.81 2 B. ASSESSMENT TERMS The assessments are proposed for a term of 15 years. The interest rate is 6.00% per annum on the unpaid balance. M. REVENUES (COST RESPONSIBILITY) BUROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Trail Improvements $184,854.81 $131,541.49 $53,313.32 Total $184,854.81 $131,541.49 $53,313.32 CITY FUND AMOUNT Major Street Fund. $53,313.32 Tim Plath, P.E., R . .E. Reviewed Reviewed Public Works Department Finance Department Dated Dated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 3 .~r 1 Combined Assessment Roll Project Number IOP922/937 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-14580-010-01 Blue Ridge Sixth Addition 2955-75 Lone Oak Drive $18,507.94 $18,507.94 $0.00 10-14578-010-01 Blue Ridge Fourth Addition 2945 Lone Oak Drive $32,258.37 $32,258.37 $0.00 10-14576-010-01 Blue Ridge Second Addition 2910 Waters Road $27,536.70 $27,536.70 $0.00 10-45703-010-01 Lone Oak Fourth Addition 815 Northwest Parkway $30,698.13 $30,698.13 $0.00 10-14578-020-01 Blue Ridge Fourth Addition 2935 Lone Oak Drive $22,540.34 $22,540.34 $0.00 $131,541.49 $131,541.49 $0.00 Page I of I Tuesday, March 6, 2007 LEGEND 815 EXISTING SIDEWALK LONE OAK PROPOSED TRAIL - - - - - FOURTH ADDITIO FUTURE TRAIL nnnnnn 10-45703-010-01 PROPOSED ASSESSMENT NQRT WEST NORTHWEST AIRLINES Fn v - ~ = P II JVI V y OA IR DDITIO Y Q a OUTLO7O ° LO NE LONE OAK OAK SECOND ADD OUTLOTA 2825 2900 \ \ ONE S/LI 2910 CON GRAPHICS FIRST ADD. BLUE RIDGE SECOND ADDITION 10-14576-010-01 1 ~ WATERS ~QNF Wk ROAD O BLU RIDr,,E F ODR CY SEC 29,6 10-14512, OON p 78-020-01 THADDITION - ~oo 1 2935 ECOLAB BLUE RIDGE 2945 XX SIXTH XADDITION 10-14578-010-01~ r 10-45780-010-01 m.r~.LUT Q moss o w .A 0 2295-75 -5- ON- BLUE RIDGE SIXTH ADDITION 2970 owes - 9T9se roses 9eoss 2980 ow 95 ' LONE OAK ROAD G:Project and Contract InformatioMProj 922/937tFinal Assessment InfolASSESS ROLL_EXHIBIT Lone Oak Parkway / Lone Oak Drive - Trail Improvements City of 3-28-07 Engineering Department City Project No. 922 / 937 - Assessments 3(0 Agenda Information Memo April 4, 2007 Eagan City Council Meeting R. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve an amendment to Chapter 11 as it affects window signage and direct the City Attorney to publish the ordinance in the legal newspaper. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ At the direction of the City Council, Planning staff worked with the Advisory Planning Commission (APC) in 2005 to study possible changes in the regulation of temporary signs to add regulations for window signage. ➢ The Task Force completed their work in July and the City Council accepted the report at their special meeting on September 14, 2006. ➢ The APC held a Public Hearing and recommended approval of the amendment at their regular meeting of October 24, 2006. ➢ The City Council approved the amendment, subject to minor modifications at its regular meeting on November 21, 2006. ➢ The City Attorney's Office and staff have completed the revisions to the ordinance and submit the amendment to the City Council for final adoption and publication. ATTACHMENTS: (1) Ordinance Amendment on page V(/ and l ORDINANCE NO. 405 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBD. 28(E)(8) REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by changing Subdivision 28(E)(8) to read as follows: 8. Sign area. U No signs or combination of signs mounted upon a building shall cover in excess of 10 percent of the gross area of a side in the RD and BP zoning districts, and 20 percent of the gross area of a side in all other zoning districts, where business signs are allowed. (b A sign displayed on of in a window or within an area 18 inches from the face of the window, as measured from the interior glass to the building interior, any mew shall not occupy more than 23 60 percent of the area of the windows and/or doors on the side of the building on which the window/door sign is displayed. The area of a window/door sign shall be included in the calculation of the sign area allowed for building-mounted signs provided herein and shall not exceed the applicable sign area permitted. Window/door signs shall be allowed only on the building facade that has building-mounted signage. No ~i idew or- deer- sign, ; whole " in paft, shall be ` isp!..y ed in the afea of ♦t,o window or door- t4at is Mgher- dmn fouf feet and less than six feet, as faeasi .o.4;,,,,ll,. ff^m the f;,,:°hed ;^+ew^r flA°Y elevate . Any sign not exceeding a two square feet area that depicts Open/Closed or hours of operation shall be exempt from permit and pen-nit fee requirements. A sign or display inside the building which is located more than 18 inches from the inside glass face of the window glass is not deemed a "window sign" for purposes of this Section. The permit fee for a window or door window sign shall be required only with the first window or door sign displayed by the applicant., unless additional signs or signs in new locations are displayed. (c) Any property or business that exceeds the 60% window/door area as of the effective date of this Ordinance shall be exempt from the 60% window/door area restriction, provided the following conditions are met: A 1. The property owner/occupant completes and files an "exemption registration" with the City within six (6) months of the effective date of the ordinance. If an exemption is not timely filed with the City, the 60% window/door sign area regulation will apply. 2. The propegy, which is exempt from the 60% window/door sign area regulation, is prohibited from exceeding its registered window/door sign coverage. 3. Any change in sign size or type rescinds/voids the exemption and the 60% window/door sib area regulation shall apply. 4. Any change in business located in the subject space rescinds/voids the exemption and the 60% window/door sign area regulation shall apply. 5. Any modification to the window or door size rescinds/voids the exemption and the 60% window/door sign area regulation shall apply. Any exemption not voided or rescinded as set forth in this Section shall automatically expire and be void on January 1, 2014. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Lynn Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: April 4, 2007 Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: October 24, 2006 Agenda Information Memo April 4, 2007 Special City Council Meeting S. SCHEDULE SPECIAL CITY COUNCIL MEETINGS FOR APRIL 24 AND APRIL 26 TO CONDUCT ADVISORY COMMISSION INTERVIEWS ACTIONS TO BE CONSIDERED: To schedule Special City Council meetings for April 24, 2007 and April 26, 2007 (if necessary) to conduct Advisory Commission interviews FACTS: ➢ In keeping with the City Council's practice of interviewing all advisory commission applicants, the evenings of April 24 and April 26 are proposed to be scheduled as special council meeting dates for the purpose of conducting the advisory commission interviews. ➢ It is the intention of staff to schedule the interviews for Tuesday, April 24; however, in the event that a second night is needed for interviews, April 26 is also proposed to be scheduled as a Special City Council meeting. Agenda Information Memo April 4, 2007, Eagan City Council Meeting IV. CONSENT AGENDA T. EXTENSION FOR RECORDING FINAL SUBDIVISION - LO NIDY ACTION TO BE CONSIDERED: To approve a 120-day extension of time to record the Final Subdivision for Lo Nidy located at the southwest intersection Yankee Doodle Road and Highway 149 in the NW '/4 of Section 13. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Final Subdivision on October 17, 2006. The plat is required to be recorded within 60 days of approval. ➢ The applicant requested a 60-day extension of the Final Subdivision recording due to difficulties in finalizing the Development Contract. ➢ The City Council approved a 60-day extension to the recording of the Final Subdivision on December 19, 2006. ➢ The applicant is requesting a 120-day extension to the recording of the Final Subdivision due to unforeseen project delays as negotiations continue with the County regarding access. ATTACHMENT (1): Letter from applicant, page 41 March 29, 2007 Planning Civil Engineering Sarah Schield Land Surveying City of Eagan - Planning Landscape Architecture 3830 Pilot Knob Road Eagan, MN 55122 Environmental (651) 675-5696 RE: Lo Nidy Final Plat 120 Day Extension Highway 149 & Yankee Doodle, Eagan, MN Loucks Project #05-607 Dear Ms. Schield, We have been asked to request a 120-day extension by Gopher Resource Corporation. The final plat has not been recorded due to several reasons detailed below: 1. The access onto Yankee Doodle Road continues to be an issue with the County. Gopher Resource is working through this issue. 2. There is a blanket easement from Williams Pipeline that is no longer required along the property. The County is asking that this easement be released prior to recording the final plat. Please give me a call with any questions at 763-496-6760 Sincerely, Loucks As ociate William B. Sharbono .cc Jeff Shopek, Loucks Associates Daniel Leisch, Gopher Resource Corporation John Tapper, Gopher Resource Corporation TOCCIATE RECEIVED MAR 2 9 2007 Agenda Memo Special City Council Meeting April 4, 2007 CONSENT AGENDA: U. Cancel Regular City Council meeting scheduled for April 5, 2007 ACTION TO BE CONSIDERED: Cancel the regular City Council meeting scheduled for April 5, 2007 FACTS: • The first regular City Council meeting in April was originally scheduled for Thursday, April 5 h rather than Tuesday, April 3`d due to observance of Passover. • After consideration by the Mayor and Council it was decided to reschedule the April 5th meeting to April 41' • This action is to formally cancel the April 51h regular City Council meeting that was approved during organizational business in January. ATTACHMENTS: None Agenda Information Memo April + 2007 Eagan City Council Meeting V. Approve a Lease Agreement Between the City of Eagan and St. Croix Harley Davidson ACTION TO BE CONSIDERED: The action is to approve a lease agreement between the City of Eagan and St. Croix Harley Davidson. The approval of this lease will enable the police department to lease two 2007 motorcycles for one year. The dealership will lease both motorcycles to the city at a cost of $2. FACTS: • Since 2003 the Eagan Police Department has used motorcycles for traffic enforcement and other outreach programs to promote traffic safety throughout Eagan. • The prior lease agreement was reviewed by the Eagan City Attorney and suggested changes to the document were made at that time. There were no substantive changes to the 2007 document. • The motorcycles previously leased were returned to the dealership. By approving this new lease agreement, the police department will be able to use 2007 models. • The original start-up fees for the Traffic Enforcement Unit were paid by the Eagan Citizen's Crime Prevention Association in 2003. ATTACHMENTS Lease Agreement 2007 HARLEY-DAVIDSON FLHTPI LEASE THIS AGREEMENT is made and entered into this 5`h day of April, 2007 by and between St. Croix Harley-Davidson, Inc., a Wisconsin corporation (hereinafter the "Lessor") and the City of Eagan, a Minnesota municipal corporation (hereinafter the "Lessee"), for the purpose of lending to the Lessee Harley-Davidson Motorcycles. RECITALS WHEREAS, this Agreement is entered into by the City under the authority of Minn. Stat. §§412.211 and 412.221. WHEREAS, the City is desirous of leasing motorcycles for its police department use in patrol and law enforcement duties and the Lessor or desirous of leasing certain motorcycles to the City for a reasonable cost. WHEREAS, it is in the best interest of the City and its residents for it to lease the motorcycles from the Lessor under the terms and conditions of this Agreement. NOW, THEREFORE, based on the foregoing, the Parties hereto agree as follows: 1. Equipment. 2007 Harley-Davidson Police Motorcycles with the complete description provided on the attached specification sheet. The model will be an FLTPI with windshield (hereinafter the "Motorcycles'). 2. Agreement Terms. This Agreement shall be effective as of the date of execution for a period of twelve (12) months. Motorcycles leased under this Agreement are to be used for police and related activities only. No more than one person shall be on a Motorcycle leased under this Agreement and the person operating the Motorcycle shall be authorized by law and City police policy to operate the motorcycle. 3. Payment Period. Lessee shall pay one yearly lease payment of One Dollar ($1.00) per Motorcycle. Payment does not include the cost of optional or additional equipment not otherwise included in the specifications of the Motorcycles leased hereunder as set forth in Paragraph 1 above, full maintenance or insurance costs. 4. Insurance. At its own expense, the Lessee shall carry casualty insurance and public liability and property damage insurance sufficient to protect the full value of the Motorcycles, and to protect the Lessor from liability in all events. The Lessee shall carry workman's compensation insurance covering all of its employees working on or about the Motorcycles. Upon request, Lessee shall furnish to Lessor certificates or other satisfactory evidence of all insurance coverage described above as required terms and conditions of this Agreement. 5. Hold Harmless Indemnification Between Parties. The Lessee hereby agrees to protect, defend, indemnify and hold harmless the Lessors up to the limits of the municipal immunity as provided by state statute from and against any and all losses, penalties, damages, settlements, costs, charges or other expenses or liabilities arising out of the negligence of the Lessee or its employees in the use or operation of the Motorcycles leased hereunder, but not for any loss, claim, damage, action or the like arising out of the negligence acts of the Lessor. Nothing in this Agreement shall be construed to waive any rights, privileges, immunities, or tort damage limitations available to the City under federal or state law, in the event any person or party brings claim against the City as a result of the use or operation of a Motorcycle leased under this Agreement. 6. Liens. The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claims on or with respect to the Motorcycles, except with respective rights of the Lessor as herein provided. Lessee shall promptly, at is own expense, take such action as charge, encumbrance or claim not expected above if the same shall arise at any time due to Lessee's action or inaction. 7. Terms and Fees. The Lessee shall pay all appropriate taxes or fees, or similar charges imposed by virtue of the Lessee's ownership, possession or use of the Motorcycles during the term of this Agreement. 8. Care and Use of Equipment. The Lessor agrees to maintain the Motorcycles pursuant to the manufacturer's standard and preventive maintenance procedures and recommendations. All repairs and maintenance shall be made at St. Croix Harley-Davidson, Inc., 2060 Highway 65, New Richmond, Wisconsin 54017. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycles to the above address at regular maintenance intervals set up by Lessor in accordance with the service schedule as provided in the owners' manual. The Lessee shall protect the Motorcycles from deterioration other than normal wear and tear. The Lessee shall use the Motorcycles for police related activities only, without abuse, and shall not make modifications, alterations or additions to the Motorcycles (other than normal operating accessories or controls) without the written consent of the Lessor, which shall not be unreasonably withheld. The Lessor shall have the right, after notifying Lessee, and during regular business hours to enter upon the premises where the Motorcycles are located in order to inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford them the reasonable opportunity to do so. 9. Damage or Deterioration of Motorcygles. In the event the Motorcycles are partially damaged or destroyed due to the negligent action of the Lessee or its employees prior to the end of the term of this Agreement, the Lessee will promptly have the Motorcycles repaired and restored to their original condition and working order at their expense. In the case of theft or total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be Seventeen Thousand Four Hundred and Eighty Five and No/l00 Dollars ($17,485.00). 2 10. Rider Responsibility and Privileges. The Lessee shall be responsible for keeping the Motorcycle(s) clean and for reporting any repairs needed to the Lessor. The Lessee may allow riders to use the Motorcycles to travel to and from work, provided that the Motorcycles are fully insured by the Lessee and that the distance to and from work is no more than thirty (30) miles each way. 11. Events of Default and Remedies. Lessee shall be deemed to be in default of this Agreement upon the happening of any of the following events of default: (A) Lessee fails to make payment of the lease or other payments required hereunder; or (B) Lessee fails to comply with any other term, covenant, or condition contained herein. Upon the occurrence of any event of default as specified above, should Lessee fail to remedy such event or default with all reasonable dispatch within a period of thirty (30) days, Lessor shall have the right, after written notice to the Lessee, to pursue any of the following remedies: (1) Repossession of the Motorcycles, including the right to sell or lease the Motorcycle for the account of the Lessee, and hold Lessee liable for all payments up to the effective date of such sale or lease. Lessor may hold Lessee liable for the difference of payments which would be due under the Agreement and the amount received by the Lessor for the sale or lease of the Motorcycles upon default. (2) Any action at law or in equity may appear necessary to collect the payments then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under this Agreement. Lessor shall be deemed to be in default under this Agreement upon failure to comply with term, covenant or condition herein. 3 LESSEE: CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Date Its: Mayor By: Maria Petersen Date Its: City Clerk LESSOR: ST. CROIX HARLEY-DAVIDSON, INC., a Wisconsin corporation By: Date Its: 4 Agenda Information Memo April 4, 2007 Eagan City Council Meeting OLD BUSINESS A. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Receive the bids for Contract 06-01 (TH 149 Upgrade), award the contract to the lowest, responsible, qualified bidder for the Base Bid and all Bid Alternates and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation (MnDOT) for Contract 06-01 providing for the upgrade of a 2.7 mile segment of State Trunk Highway (TH) 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd/Co. Rd. 71). In addition to upgrading TH 149 to a 4-lane divided roadway, it incorporates an urban street section (curb & gutter) north of Yankee Doodle Road and rural ditch section to the south, a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail will also be constructed along the east side between TH 55 and Wescott Road, interconnecting the existing neighborhoods and businesses with the existing regional trail system. • On January 2, 2007 the City Council approved the plans and authorized the advertisement for competitive bids and directed the Finance Committee to review funding and financing options for this project prior to the Council's consideration of contract award due to escalating cost estimates and City of Eagan's financial contribution requirements. • On March 22, 16 bids were received. After reviewing all bids for conformity to the bid specifications and bidder qualifications criteria, the apparent qualifying low bid was - 15% below the Engineer's estimate. • At its meeting held on Thursday, March 29, 2007 the Finance Committee reviewed the favorable bid results and its lessened impact on the City's 5yr CIP. They subsequently authorized a recommendation to the City Council to award the contract to the qualified low bidder and accept the alternate bid for the installation of the fiber conduit under this contract. This decision included the following considerations: o The likely companion alternate bid for the fiber conduit is in the range of about $120,000 to $150,000. o While it would not be strategically beneficial to install conduit in all open trenches in the City, the Highway 149 corridor is a key component of any future fiber routing. Consequently, inclusion of the conduit with the Highway 149 reconstruction project provides an opportunity in which the City's investment can be recovered in the future. q5 o As the Tech Working Group continues its work to help define options, the City Council will be in position to authorize the development of a focused, engineered master plan for the City and the ultimate business plan for the City's use of its fiber conduit. o There are currently no other potential open trenches where the City will face this decision in advance of the development of the master plan and business plan. o It is appropriate to finance the Highway 149 fiber conduit in the same manner as the entrepreneurial, City owned component of the ISD 196 11.5 mile fiber loop through the City's new enterprise fund. The business plan to be developed will address the capitalization of this fund which is currently borrowing money from the City's investment pool. • All agency agreements have been executed and all construction easements necessary for this project have been acquired from the impacted properties or are being pursued through the Eminent Domain process with quick take rights of entry already secured. ISSUES: • At the time of this agenda preparation, the bid results and contractor qualifications were still being reviewed by MnDOT. A notice of conformance and support for contract award from MnDOT is expected before the Council meeting. ATTACHMENTS: • Bid Tabulation, to be resented at Council meeting. • Attached on pages presented through ~ S is a copy of a memo written by Director of Communications Garrison and shared with the Finance Committee outlining the progress of the Tech Working Group & perspectives regarding necessity of the Highway 149 conduit. • Attached on pages 4 through 5o is a copy of memo written by Director of Administrative Services VanOverbeke and shared with the Finance Committee providing background and outlining funding options for the Highway 149 conduit. L `e 4b~ City of Eap ma To: CITY ADMINISTRATOR HEDGES From: COMMUNICATIONS DIRECTOR GARRISON Date: March 23, 2005 Subject: UPDATE ON PROGRESS OF TECH WORKING GROUP & PERSPECTIVES REGARDING NECESSITY OF 149 CONDUIT You asked that I provide a brief update of the preliminary findings of the Tech Working Group with respect to priority areas for extending conduit, a fiber master plan, and specifically the importance of the bid alternate for conduit along the Highway 149 construction route. Progress To Date • The Tech Working Group has learned from electrical engineering experts that to build a successful fiber ring from which to deploy services, it is NOT necessary to go down every street or to take advantage of every open trench possibility. • Rather, it is important to identify and have a strategy for taking advantage of certain key routes and zones that might now or in the future be interconnected. • Based on expert testimony, it is the belief of the Tech Working Group that Highway 149 is a key route representing the major line along the eastern edge of Eagan and the only time this area is likely to be open trench in the next 40-50 years. For that reason conduit should be installed there with an eye to the future. • The good news is, there appears to be no more immediate high profile or high priority location construction projects in at least the next year that would represent a missed opportunity if not pursued. As stated later in this memo, that will allow the City Council, advised by staff and the Working Group, time to make a better decision on its preferred options. • Those options will arise as full results are known from industry discussions that were also directed by the Communications Committee. Per direction, we have been contacting and meeting with current and potential providers to see what they might be able to do in concert with the City to achieve our broadband goals. • To date, high level discussions have been held with Qwest and Comcast officials and we are awaiting answers from both about their willingness to extend fiber to homes and businesses, and whether or not City participation might help extend fiber the last distance necessary to hook-up a home or business off of the main line. A similar meeting will be scheduled with Frontier Communications because it already has a great deal of fiber running through Eagan. An earlier intended meeting with them had to be rescheduled past March because of schedules requiring key Frontier personnel to be out of state. We have also re-contacted Dakota Electric to gauge their willingness to partner • Additionally the Working Group is investigating a European technology to use sewers as a cheaper way to deploy fiber, and so-called "dark fiber" possibilities available in Eagan. Dark fiber is installed fiber that has never been lit up, but is available for lease. It is possible, with long-term leases, that this option may be a cheaper alternative than installing fiber in certain locations. Costs in these areas, until one is willing to do a deal, are closely guarded. Even local IT experts calling for us have not been able to secure the information. • Because of the city and the Tech Working Group's interest in making sure its major greenfield-like opportunity in the Cedar Grove Redevelopment District has the capability for high speed fiber, the RFP for Cedar Grove was modeled on the specification for conduit along Highway 149. Submitters can choose to only install conduit or work directly with a provider for fiber optic service. Initial responses are due back April 30. • Lastly, we have updated the original fiber estimates from Dynamic City for a city- wide build and a "Plan B" alternative. Next Steps I think you can see that while several discussions and requests for information are in progress, we await the final answers that will allow the Tech Working Group to come back to City Council and say, "Here are the various options, the expected price tags, and the pros and cons." The Council will then be in a position to opt for a desired alternative, that can be fully engineered and priced as part of a master plan. Until we know who is a willing potential partner, what they might be willing to do for us and with us, and what they would expect us to pay for, the Council is not yet in a position to choose from those alternatives. We would expect to have those initial "back of the envelope" answers and prices no later than mid-June, and sooner if possible. We have found that getting answers, particularly from the incumbent providers during the current legislative session which is expected to last through May, has been difficult at best. When we do get those answers, I'm confident that we can proceed quite quickly for Council feedback and questions, and settle on a preferred alternative to fully master plan. It should be noted than it may be necessary to secure an outside firth with the proper electrical engineering expertise to produce the master plan called for by the Council when it adopted its 2007-08 goals in February regarding the installation of high speed fiber optic broadband. Please let me know if you or the Committee would like any further information. City of EMe~o To: City Administrator. Hedges From: Director of Administrative Services VanOverbeke Date: March 23, 2007 Subject: Fiber Conduit Financing You asked that I provide this memo. outlining the background on previous City fiber related construction in Eagan and possible funding alternatives, if the fiber conduit alternative is approved with the Highway 149 project bid award. Background City Use In cooperation with ISD 196, a number of other cities, Dakota County, and the State, Eagan participated in the construction costs related to the ISD 196 fiber upgrade project. This project included fiber installation to Fire Stations 3 and 4, City Hall, and will provide for the City's primary connection to the State through the Western Service Center in Apple Valley. In the primary loop the City uses fiber strands within the ISD 196 conduit. The City has sole ownership of the conduit and fiber•specific to its own facilities. The City has paid $169,062.90 from its Cable TV Retained Franchise Fees Fund for this installation. Entrepreneurial In addition, to take advantage of lower construction costs the City Council chose to have empty conduit installed through the same 11.5 mile loop during the same construction activity. That conduit is under the sole ownership of the City and was installed at a City cost of $242,227. Construction costs were paid through a non capitalized enterprise fund which has a 12-31-06 cash deficit of $248,187. The dollars have been borrowed internally and are expected to be recovered in the future through the use/sale/lease of the conduit which at this time remains undefined pending additional study. This study continues as part of the City Council 2007-2008 goal of "Pursuing 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." Funding Alternatives-Highway 149 Conduit The installation and funding issues related to this Highway 149 conduit option are consistent with the earlier dilemma faced by the City at the time of the ISD 196 project. The first question being whether or not the risk related to a City investment of $151,000 to maintain future conduit use options in the Highway 149 corridor is reasonable. In general, the City is trying to balance a fixed cost today against an uncertain future benefit. Installing the conduit at this time effectively starts the risk clock today. The pro to that choice is a lower cost while the con is a sunk cost that generates an asset with a wide range of potential future value ranging from enormous to little or at the extreme none. Not installing the conduit at this time effectively delays the risk until a future time. The pro to that approach is today's cost avoidance and a more precisely defined need/project at some future time. There is also the possibility that the future could potentially show no need at all, thereby avoiding all of the construction costs. The con is the potentially much higher construction cost in the future, although higher costs could potentially be more than off-set by reductions with a more defined project. Unfortunately, I am not aware of a straight forward method to quantify the risk/reward of the choices that would assist in determining the best course of action. The goal related to internet access, speed, etc. results in the City moving into uncharted territory. The Technology Working Group is continuing to help define the options for the course and as their work continues an overall financing plan can be incorporated. Staff is not aware of any other pending City construction projects where this same install conduit / don't install conduit question will be raised before the more comprehensive policy matters can be decided. If the City Council answers this first question in the affirmative and chooses to proceed with construction at this time, the payment should probably be handled in the same manner as the 11.5 mile City owned (entrepreneurial) conduit in the ISD 196 loop. The payment would be made from the enterprise fund with dollars advanced from the City's investment pool and interest charged. The challenge with this approach is that obviously the enterprise fund will incur carrying costs and will eventually need to be capitalized. If the enterprise fund does not become self sustaining, a backup plan of charging the Cable TV Franchise Fees Fund could cause a significant drain on its resources and any tax supported capitalization may not look attractive. Please let me know, if you would like to discuss this information or if you would like any additional information. Direct 'l Administrative Services cc: Director of Communications Garrison Chief Financial Officer Pepper Agenda Information Memo April 4, 2007, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENTS - SAM'S CLUB ACTIONS TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to allow a temporary greenhouse for outdoor seasonal sales on property located at 3035 Denmark Drive, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE '/4 of Section 10, subject to the conditions listed in the APC minutes. To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to allow an extension of hours for the motor fuel facility on property located at 3035 Denmark Drive, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE '/4 of Section 10, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: Temporary Greenhouse Sam's Club was constructed in 2001. ➢ The proposed greenhouse is 960 square feet (24 x 40) in size and the proposed location is in the middle of the parking lot north of the exit door. ➢ Items for sale will include hanging and potted plants, trees, shrubs, potting soil and mulch. The proposed hours of operation are to be consistent with the store. The proposed operation is from April 1 to June 22nd annually. Seasonal sales standards are satisfied. ➢ The Advisory Planning Commission held a public hearing on March 27, 2007 and recommended approval of the PD Amendment. Motor Fuel Facility ➢ The Motor Fuel Facility was added in 2005 with the hours of operation being 6:00 a.m. to 9:00 p.m., Monday through Saturday, and 9:00 a.m. to 7:00 p.m. Sunday. ➢ The proposed hours of operation are 5:00 a.m. to 10:00 p.m. seven days a week. ➢ The proposed hours are compatible with the commercial area and because the property is more than 200 feet from residential uses and fronts on a major thoroughfare, City Code does not limit hours of operation. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: April 21, 2007 ATTACHMENTS (2): Draft APC Minutes of March 27, pages 52 through 5 Staff report, pages through tp(,p 51 Advisory Planning Commission Minutes March 27, 2007 Page 2 of 16 IV. PUBLIC HEARINGS A. Sam's Club Applicant Name:Sam's Club Location:3035 Denmark Ave.; Lot 3, Block 1, Eagandale Center Industrial Park No. 9 Application: Planned Development Amendment A Planned Development Amendment to allow a temporary greenhouse for outdoor sales of hanging plants, potted plants, trees, shrubs, potting soil and mulch and to modify the motor fuel station hours. File Number: 10-PA-03-02-07 Planner Schield introduced this item and highlighted the information presented in the City Staff report dated March 19, 2007. She noted the background and history. Dave Koecheler, Sam's Club, explained that all sales will take place inside the store. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Planned Development Amendment for seasonal outdoor sales to allow a temporary greenhouse on property located at 3035 Denmark Avenue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE'/ of Section 10 subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The seasonal sales shall be allowed between the dates of April 1 and July 1 each year. 3. A building permit is required prior to construction of the greenhouse each year. 4. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. 5. All sales should cease and the structures should be removed by July 1" each year. 6. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. Any storage and display of plant materials outside the greenhouse shall not extend beyond the width of the greenhouse itself, or more than 8 feet from the end of the greenhouse wall. Additionally, any outside displays shall be contained within an enclosure such as a temporary fence. 52- Advisory Planning Commission Minutes March 27, 2007 Page 3of16 8. Hours of operation shall be between the hours of 7:00 a.m. and 8:30 p.m. Monday through Saturday, and 10:00 a.m. and 6:00 p.m. Sundays. 9. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. A vote was taken. All voted in favor. Motion carried: 7-0. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Planned Development Amendment for an extension of hours for the motor fuel station on property located at 3035 Denmark Avenue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE 114 of Section 10 subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. There shall be an attendant at the fueling facility at all times during operating hours. 3. The motor fuel facility shall operate only between the hours of 5:00 a.m. and 10:00 p.m. Monday through Sunday. 4. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 2007 CASE: 10-PA-03-02-07 APPLICANT: David Koecheler HEARING DATE: March 27, 2007 PROPERTY OWNER: Sam's Real Estate APPLICATION DATE: February 21, 2007 Business Trust REQUEST: Planned Development Amendment PREPARED BY: Sarah Schield LOCATION: 3035 Denmark Avenue COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST David Koecheler, on behalf of Sam's Club, is requesting approval of a Planned Development Amendment to allow a temporary greenhouse for seasonal outdoor sales as well as an extension of hours for the motor fuel station on property located at 3035 Denmark Avenue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE '/4 of Section 10. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision 5 states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land 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 2000, the City approved an amendment to the Comprehensive Land Use Guide Plan changing the land use designation from Limited Industrial to Commercial Planned Development to accommodate the proposed Sam's Club retail use. With the adoption in 2001 of a City-wide update to the Comprehensive Guide Plan, the property was designated RC, Retail Commercial. 5q Planning Report - Planned Development Amendment (Sam's Club) March 27, 2007 Page 2 The building was constructed in 2001, and in May of that year, an amendment to the initial Sam's Club Planned Development was approved to allow the addition of a liquor store to the building. A deviation from the minimum number of parking stalls was granted as part of the Planned Development. At the time of initial development, the plans showed the area on the north end of the site as proof of future parking. In June 2002, once the building had been open for several months and no need for additional parking had been demonstrated, the City agreed to release Sam's from the proof of parking obligation. Sam's subsequently made application for a PD Amendment to add a motor fuel facility to the site in 2003. That application was denied by the City Council. The primary reason for the denial was that an improved access plan for the overall site needed to be addressed. The one year required time frame had passed since the denial, and Sam's submitted a new application for a fueling station with a redesigned site layout. The facility had been redesigned from the previous proposal, and the new plans showed modifications to the existing site access. This plan was approved in January 2005. EXISTING CONDITIONS The site is developed with a 137,400 sq. ft. Sam's Club store, which includes off-sale liquor and a 12 pump motor fuel sale operation with hours of operation between 6:00 a.m. and 9:00 p.m. on Monday through Saturday, and Sundays 9:00 a.m. to 7:00 p.m. The building is located on the south end of the property. Access to the site is provided from Denmark Avenue, opposite Clubview Drive. A drainage pond is located in the northeast comer of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Hotel PD, Planned Development BP, Business Park South Vacant (U.S. Postal Service) I-1, Limited Industrial IND, Limited Industrial East Southeast Tech Center (office) PD, Planned Development BP, Business Park West I-35E EVALUATION OF REQUEST Code Requirements - The City Zoning Code allows for seasonal outdoor sales as a conditional use within the commercial zoning districts of the city, subject to the adopted standards. The City Code defines a seasonal outdoor sale as "the outdoor storage and sale of goods within a duration of more than ten and less than 90 continuous days that are accessory to the principal use or structure." Section 11.10, subdivision 29.4 identifies performance standards for a seasonal outdoor sale. Seasonal outdoor sales also must comply with the standards applicable to temporary outdoor events outlined in Section 11. 10, subdivision 29.3. This proposed CUP will be evaluated relative to these standards. Planning Report - Planned Development Amendment (Sam's Club) March 27, 2007 Page 3 Description of Proposal - Sam's Club is proposing a temporary greenhouse for seasonal outdoor sales, and expanded hours for the motor fuel facility. Temporary Greenhouse - Sam's Club is proposing to add a 24 x 40 foot temporary greenhouse for seasonal outdoor sales to their property at 3035 Denmark Avenue. According to the applicant, the tent will "be located directly across from our exit door and placed in the middle of the parking lot by our center curb area". Also, the front of the tent will be fenced to provide security from theft of the seasonal merchandise. The items for sale will consist of hanging plants, potted plants, trees, shrubs, potting soil and mulch. Compatibility with Surrounding, Area - Both requests appear consistent with the area. The existing development is commercial retail and this area is considered a part of one of the major commercial developments in the city. There are no residential properties neighboring the site. Duration - Sam's Club is proposing their season would be from April 1st to June 22°d annually. Only one seasonal sale or outdoor event may occur at one time. All sales should cease and the structures should be removed by July 1st each year. Grading/Storm Drainage - No new pavement will be added as a result of this permit. Parking - Parking will be provided on the property within the existing parking lot. There are currently 633 parking stalls provided to serve the 137,400 sq. ft. store. This exceeds the number of stalls required by the zoning ordinance. The greenhouse would occupy approximately 12 parking stalls. Seasonal Sales Standards - Additional standards apply to the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. The following is an evaluation of this proposal as it relates to each of those standards listed in Section 11. 10, Subdivisions 29.3 and 29.4. 1. Adequate off-street parking shall be provided to ensure that no obstruction or interference occurs with existing traffic patterns. The greenhouse is a temporary membrane structure, approximately 40 feet long by 24 feet wide. The proposed greenhouse occupies approximately 12 existing parking stalls in the middle of the parking lot. The greenhouse location will leave the handicapped accessible stalls open. 2. No portion of the event shall take place within any public right-of-way. A minimum setback of ten (10) feet shall be maintained from all property lines and no portion of the use shall take place within 100 feet of any abutting property line of any residential use or residential zoned property, which is not separated by public right-of-way. The sale area will satisfy all building and parking setback requirements. In addition, there are no abutting residential uses or residential zoned properties. 50 Planning Report - Planned Development Amendment (Sam's Club) March 27, 2007 Page 4 3. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than S% of the total lot as to not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. The sale area comprises 960 square feet of the 15-acre site. The greenhouse is proposed to be located over several existing parking stalls near the middle of the parking lot. The greenhouse will be separated from the main drive aisle by an existing concrete island, which defines the rows of parking. 4. All signs for the event shall comply with Eagan City Code sign regulations. The City Sign Code does not have specific standards for seasonal sales. There is no proposed signage for the temporary greenhouse neither outside the tent nor on the Sam's Club building. 5. Tents and temporary membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. Since the proposed structure exceeds 200 square feet, a building permit is required prior to construction each year. 6. The owner or operator of the event shall have the written permission of the fee owner of the property on which the event is located to use the specific site. The property owner is the applicant. 7. Hours of operation shall be subject to this Chapter's regulations governing hours of operation of commercial businesses. The applicant proposes greenhouse operations between the hours of 7:00 a.m. and 8:30 p.m. Monday through Saturday, and 10:00 a.m. and 6:00 p.m. Sundays, which is the same hours of operation as the store itself. 8. No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. All parking can be accommodated within the existing Sam's Club parking lot. 9. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. Sam's Club has proposed to have an 8-foot display area off the end of the greenhouse, which is similar to what has been approved at other locations within the City of Eagan. The outside displays must be contained within an enclosure such as a temporary fence, which Sam's Club has included in their proposal. 10. The sale shall not encroach into any required front building setback area or other required setbacks. The proposed sale area is located within Sam's Club principal building. No sales will take place at the greenhouse location. 11. The sale area shall not interfere with any pedestrian or vehicular movement. The drive aisles within the parking lot will remain open. No sidewalks are impacted by the proposed sale area. 57 Planning Report - Planned Development Amendment (Sam's Club) March 27, 2007 Page 5 12. The sale area shall not take up required parking spaces or landscaping areas of the principal use. There is ample parking on-site. Based on the minimum parking requirements in the City Zoning Code, the 137,400 square foot retail center requires 455 parking stalls and 633 are provided. The proposed outdoor sales area is located within the existing parking lot and covers approximately 12 parking stalls. 13. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The sale area will be located within the existing parking lot, which has bituminous surfacing. The surface shall be properly maintained to prevent deterioration. Motor Fuel Station Extension of Hours - Sam's Club is proposing to extend the hours of their motor fuel facility from 5:00 a.m. to 10:00 p.m. seven days a week. Current hours are 6:00 a.m. to 9:00 p.m. Monday through Saturday, and 9:00 a.m. to 7:00 p.m. Sundays. At the time Sam's Club made their application for the Planned Development Amendment for the motor fuel facility, they proposed the hours of operation to be between 6:00 a.m. and 9:00 p.m. on Monday through Saturday, and Sundays 9:00 a.m. to 7:00 p.m. This was about one hour before and one hour after the regular store hours. The regular store hours are: Monday - Saturday 7:00 a.m. to 8:30 p.m. Sunday 10:00 a.m. to 6:00 p.m. During the review of the original motor fuel facility application, the hours of operation proposed by the applicant were approved. Now, Sam's Club would prefer their motor fuel facility to be open longer hours which would be similar to the hours of other Sam's Club stores in the area. Since this site is located more than 200 feet from residential uses and fronts on a major thoroughfare, City Code does not limit hours of operation. SUMMARY/CONCLUSION The applicant is proposing the seasonal outdoor sale of plants and plant products and a temporary greenhouse as well as extended hours of the motor fuel facility at 3035 Denmark Avenue. This type of commercial use and hours of operations appear compatible with other uses in this commercial area. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment for seasonal outdoor sales to allow a temporary greenhouse on property located at 3035 Denmark Avenue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE %4 of Section 10. If approved, the following conditions should apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 5~ Planning Report - Planned Development Amendment (Sam's Club) March 27, 2007 Page 6 2. The seasonal sales shall be allowed between the dates of April 1 and July 1 each year. 3. A building permit is required prior to construction of the greenhouse each year. 4. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. 5. All sales should cease and the structures should be removed by July 15` each year. 6. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. Any storage and display of plant materials outside the greenhouse shall not extend beyond the width of the greenhouse itself, or more than 8 feet from the end of the greenhouse wall. Additionally, any outside displays shall be contained within an enclosure such as a temporary fence. 8. Hours of operation shall be between the hours of 7:00 a.m. and 8:30 p.m. Monday through Saturday, and 10:00 a.m. and 6:00 p.m. Sundays. 9. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. To recommend approval of a Planned Development Amendment for an extension of hours for the motor fuel station on property located at 3035 Denmark Avenue, legally described as Lot 3, Block 1, Eagandale Center Industrial Park Number 9, in the NE 1/4 of Section 10. If approved, the following conditions should apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. There shall be an attendant at the fueling facility at all times during operating hours. 3. The motor fuel facility shall operate only between the hours of 5:00 a.m. and 10:00 p.m. Monday through Sunday. 4. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. 5~ Eagan Boundary Parcel Area Location Map Park Area - Building Footprint !20 1 't n o ° L e ° a, ° s b 4 oil ® S iiiiiim-1- MTN a Subject Site ERB saw . p ° tf r on's s a ® f® r` _ 9 Q 0 ANN=- Nor" ° 0 0 ® ea 9 ~~J o 1% MbL 7 1000 0 1000 2000 Feet Development/Developer. 3035 Denmark Avenue Application: Planned Development Amendment Case No.: 10-PA-03-02-07 Map Prepared using ERSI ArcV ew 3.1. Parcel base niap data provided N by Dakota County Office of GIS and is current as of April 2005. / City of Cakan THIS MAP IS INTENDED FOR REFERENCE USE ONLY E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Sam's Club Land Use Map Planned Development Amendment 10-PA-03-02-07 Zoning Map 1-' ILL T -L...1 C.S.A.H. NO.26 (LONE OAK RD.) Location PD Current Zoning: I.1 yv, PD PD ?o' Planned Development PID a PD > A C6 O S X J ' f O 2 °a 1•i 0 R z BP 6011 0 Goo t 00 Feet Comprehensive Guide Plan IND ' Land Use Map RC NO AD) C.S.A.H. NO.26 (LONE OAK RD.) Location RC GC BP I Current Land Use Designation: GC RC A a RIC Retail Commercial x W D/3 i IND °a s IND = BP o D 600 0 600 1200 F.. P-1 bas, map information provided by Dakota County Land Survey Department Deember 2005. N Zoning information maintained by City Staff. City of Eajaal/ 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 a (Y ~ (c) Copyright 2006, Pictometry International A OSC311~DY IVVDV3 e.ae a+a FO n .l " V W /Yl7((VJ.a [Y1/~~~5~ ~Y ~ ®9111®1•+ fA .IBS 4z 1 2 W>- six om 91 ami1111113111 ~ S ~I1lY:d w 2 pI ~,-"t1I e IIIiI ill, ' , I4ii1 w 'f 9 9 e I U aa ap eege@~~~E```(((i$~ ffi 9 (~nlilllll~lll± aNG! s p.Sb~ R El >s 11 i 1 1~ goo 41 1 R '11'.1 ~ g p ~ ~r 3 a€E BiRk.ii ;n u ? lJ~g dS T v ! nON / I I t , . 6/ N a m y<.., 1\\i i ~;11 C I " tlsz' I I I O41 S' {{<yyy~ .O I I I I U' \ Z S I tLp ~yj <<< ~r • I I padq a ADO! ~rI i ~ /J ~ I ,rte + ~ • I I' q ~ I \ qS C YYY ~ I I 'PA ~ g -sue y ~ ~ T g 3nN3AV NOIOND(l N 05 CIO' 77-7- s ~ o ~J 1 dQ/., u 4 z • oil 14 4 ~ ~ ~ ~ s=ue ~ ~ yq 4 ~•nN(1 III , II--I $ m I III I~ s -1Tf~ I I I o - I -I L1 =111 ~•x -TIT - I I- I~ II-11 1=1 l l~.l~ !-I 98 39dd -moat Ainvm -vdniVN 98E8-E98-BZ6-L 9L:LZ L80Z/6Z/TO D3~ ~l^'1q 4V~ 464Al /J'1nr 557 f~G°i0714~ . o~~ xv~ d ~N J- UfICL ~ CQ/B~ Oc Z07- 6 c~ ley of ~oaNJ' A YO IVF--) ~ c~.►~~nFr Ce) ovo 6e- A~om x//07 yD ✓UV X07 A/0 3465 at_ WAY ~y~- ocn- r of '14r Wat Ad 6 -79,c A UP73; or- 7✓r o4- A c RECEIVED FEB 2 12007 From: Ken Eaglehouse & Dave Koechler RECEIVED MAR 0 7 2007 Sam's Club 3035 Denmark Ave Eagan, MN 55121 To: Sarah Schield RE: Additional Addendum to narrative received 21 Feb. 2007 for Greenhouse application Date: 7March, 2007 Dear Sarah: Please consider the following additional requests regarding the greenhouse and our gas pumps. We request that the hours of operation permitted be amended to read as follows: 5AM to IOPM, seven days a week. Thank you for your consideration of this addendum. Please contact either of us with any questions at 651-405-0079 Best regards, Ken Eaglehouse Club Manager Agenda Information Memo April 4, 2007 Eagan City Council Meeting B. REZONING - CITY OF EAGAN ACTION TO BE CONSIDERED: To approve (or direct Findings for denial) a Rezoning of 2.3 acres from Transitional to R-2 Residential Double for Lot 9, Block 1, Letendre Addition No. 3, located at 3206 Sibley Memorial Highway (Highway 13) in the SW'/4 of Section 9. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ On December 19, 2006, the City Council directed staff to initiate a rezoning of the subject site. ➢ The Advisory Planning Commission (APC) held a Public Hearing on January 23, 2007 and is recommending approval of a rezoning to R-3 Residential Townhouse. ➢ On February 20, 2007 the City Council heard testimony from several neighbors regarding the density of the area and directed staff to bring the item back to the APC for consideration of a rezoning to R-2 residential Double. ➢ The subject site was guided Medium Density residential (MD) with the 2000 Comprehensive Plan Update. In order to allow the use on the property at that time to remain as a conforming use and to achieve the required consistency between the Comprehensive Plan and the Zoning Map, the City subsequently rezoned the property to Transitional (T). ➢ The proposed rezoning appears consistent with existing and anticipated land uses in the area and the Comprehensive Plan designation of Medium Density. Future redevelopment will proceed through the subdivision and/or building permit process and will have to be consistent with the performance standards of the R-3 Zoning District and noise attenuation requirements. ➢ There is no development proposed at this time and the use of the property for a blacktopping operation/equipment storage, provided it is consistent with the current Conditional Use Permit(s), can continue indefinitely. ➢ The Advisory Planning Commission held a Public Hearing on March 27, 2007 and is recommending approval of the rezoning to R-2 Residential Double. ~1 ATTACHMENTS: (5) Draft 3-27-07 APC Minutes on page l(~1 Staff report on pages 70 through L. 2-20-07 City Council minutes on page 7 Letter from property owner on pages L- through 7 7 Comp Plan Subcommittee Summary on page (49S Advisory Planning Commission Minutes March 27, 2007 Page 6of16 C. City of Eagan Rezoning Applicant Name:City of Eagan Location:3206 Sibley Memorial Hwy; Lot 9, Block 1, Letendre Addition No. 3 Application: Rezoning A Rezoning of approximately 2.3 acres from Transitional (T) to Residential Double (R-2). File Number: 09-RZ-08-12-06 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated March 14, 2007. He noted the background and history. Chair Hansen opened the public hearing. Loren Gross, Representative of the property owners, explained the history of the property and the expectations of the owners when the property was purchased. He stated the property owners wish for the property to be zoned R-3. Ronald Miller, 3217 Donald Ave, discussed the history of the site and the long range plan at the time he purchased his property and stated the property was not guided as R-3, rather medium density. Barbara Miller, 3217 Donald Ave, stated objection to the R-3 zoning due to the density. Janelle Green, 3225 Donald Ave, stated objection with the possibility of townhomes near her home. She commented on a portion of the property that she has maintained for 15 years. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Heaney moved, Member Feller seconded a motion to recommend approval of a Rezoning of 2.3 acres from Transitional to R-2 Residential Double for Lot 9, Block 1, Letendre Addition No. 3, located on the east side of Sibley Memorial Highway (Highway 13) just north of Letendre Street in the SW'/4 of Section 9. A vote was taken. Aye: Chair Hansen, Members Zoberi, Feller, Heaney, and Jensen. Nay: Members Dugan and Keeley. Member Keeley stated her reason for denial is because the 2000 Comprehensive Guide Plan Update spoke to an ultimate zoning of R-3 and the property owner should be able to depend on the guide plan. Member Dugan concurred with Member Keeley. Motion carried: 5-2. ~q PLANNING REPORT CITY OF EAGAN REPORT DATE: March 14, 2007 CASE: 09-RZ-08-12-06 APPLICANT: City of Eagan HEARING DATE: March 27, 2007 PROPERTY OWNER: Heritage Investments, Inc PREPARED BY: Michael J. Ridley REQUEST: Rezoning LOCATION: Lot 9, Block 1, Letendre Addition No. 3 COMPREHENSIVE PLAN: Medium Density (MD) ZONING: Transitional (T) SUMMARY OF REQUEST The City of Eagan is requesting approval of a Rezoning from Transitional to R-2, Residential Townhouse for a 2.3 acre parcel (Lot 9, Block 1, Letendre Addition No. 3) located on the east side of Sibley Memorial Highway (Highway 13) just north of Letendre Street in the SW 1/4 of Section 9. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.40, Subdivision 5 states, in part: 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY Most recently the request to rezone this parcel from T Transitional to R-3 Residential Townhome was recommended for approval by the Advisory Planning Commission (APC) on January 23, 2007. The City Council heard testimony from several neighbors at their regular meeting on February 20, 2007. At that time, the City Council directed the item back to the APC to have them consider a rezoning to R-2 Residential Double. /D Planning Report - 3206 Sibley Memorial Highway Rezoning March 27, 2007 Page 2 The Dakota County Assessor's records indicate that the principal building on the subject site was constructed in 1935 and functioned for many years as a country store. In 1966, the Eagan Town Board approved a CUP for a gasoline service station. Country Standard operated for the next 16 years before being sold and operated as Country Rod & Worm until it closed in 1989. The site sat idle until John and Penny Johnson purchased the property in 1994 and began operating Richfield Sod & Blacktop. Between 1989 and 1994 the building became quite"dilapidated and the City received numerous complaints mainly associated with loitering and illegal dumping of furniture, appliances and other assorted refuse. The subject site was guided Medium Density residential (MD) with the 2000 Comprehensive Plan Update; however, in order to allow the use on the property at that time (Richfield Blacktop) to remain as a conforming use and to maintain the required consistency between the Comprehensive Plan and the Zoning Map, the City subsequently rezoned the property to Transitional (T). While the site has some existing active Conditional Use Permits for outdoor storage of blacktopping vehicles and equipment, the current owner of the property has recently closed the business and put the property on the market for sale; however, the site is currently being leased to another blacktop company. The City Attorney advised staff that due to Richfield Blacktop ending its operation on the site, the City should now rezone the property to residential in keeping with the ultimate use determined with the last Comprehensive Plan Update. At their regular meeting of December 19, 2006, the City Council directed staff to initiate the rezoning process. EXISTING CONDITIONS The site contains a principal building constructed out of concrete block and three out-buildings that were single-stall garages brought to the site. The site also contains some significant topography and some vegetation primarily along the eastern and southeastern portions of the site. Access to the site is provided directly to Highway 13 on the north end of the site and a second access is provided, via a frontage road, to Letendre Street to the south. EVALUATION OF REQUEST Compatibility with Surrounding Area - The site is surrounded by property zoned and/or developed with R-1, R-3 and R-4 residential uses; as such, the rezoning to R-2 or R-3 appears compatible with surrounding uses in the general vicinity. There is no development proposal at this time and the use of the property for a blacktopping operation/equipment storage, provided it is consistent with the current Conditional Use Permit(s), can continue indefinitely. Planning Report - 3206 Sibley Memorial Highway Rezoning March 27, 2007 Page 3 Comprehensive Guide Plan - As mentioned previously, the Guide Plan designation for this site was changed from General Business to Medium Density with the 2000 Update. Airport Noise Considerations - The City of Eagan considers airport noise as a factor in its Comprehensive Land Use Guide Plan. Aviation is considered a regional system and is included in the Metropolitan Council's 2030 regional Transportation Policy Plan. As part of this plan, the 1996 Aviation Policy Plan remains in effect and will continue to anticipate the impacts from the operations of the MSP International airport at its current location. As an appendix to its 2030 Transportation Policy Plan, the Metropolitan Council has adopted new land use compatibility guidelines which incorporate the FAR Part 150 2007 noise contours and noise exposure map for MSP International Airport. A refinement of these guidelines may be found in the March 2006 Metropolitan Council's Builder's Guide, including additional land use compatibility and noise attenuation within the applied Noise Buffer Zone. The subject site intersects the applied Noise Buffer Zone. Future single entry residential would be considered "Provisional" within this zone, meaning that, if allowed, it must meet certain structural performance standards to be acceptable according to MS 473.192 (Metropolitan Area Aircraft Noise Attenuation Act). In particular, the building plans, materials and construction should be such that they will insure an interior sound level of 45 dBA (Land Use Compatibility Guidelines, Table 4-Structural Performance Standards) as compared with a noise level of 59 DNL (based on the inside boundary of the noise zone). This would require an outdoor to indoor noise level reduction of at least 19 dBA (DNL level minus required dBA level). SUMMARY/CONCLUSION The proposed rezoning is consistent with existing and anticipated land uses and the Comprehensive Plan designation of Medium Density. Future redevelopment will proceed through the building permit process and will have to be consistent with the performance standards of the R-2 Zoning District and noise attenuation requirements. ACTION TO BE CONSIDERED To recommend approval or denial of a Rezoning of 2.3 acres from Transitional to R-2 Residential Townhouse for Lot 9, Block 1, Letendre Addition No. 3, located on the east side of Sibley Memorial Highway (Highway 13) just north of Letendre Street in the SW 1/4 of Section 9. 72 Eagan Boundary ~pqp q■p~ Parcel Area LeOcati®n Map UPprkArea 9 Building Footprint 01 0 p o © C1 ° 6 ,p p 42 a 00 a B ® 8 9 H 0 8 ° ° ~ 9 B fl ® O m © 13 3 8 Q. e A o ~p a4 rd5 2~a Q 0 Sub'ect Site ®9%m M V b a b s cJ A $ l O o a o otp = i 6 0 B e°~' E3 t~ J o} o e, H ' tan 7 9L- 0 1! o. O Oe @. -4 90 L - O eQ~®fd0 d - a 4 a. b _ ~ 6}kC-2C('r NCL'OOC~R q a~1 ` b 67 SB o 10D0 0 1000 2000 Feel Development/Developer. 3206 Sibley Memorial Hwy Application: Rezoning Case No.: 09-RZ-08-12-06 Map Prepared using ERSI Arc%nLw 3.1. Parcel base map data provided N by Dakota County Otfica of GIS and Is arrant as of April 2005. 40pCity of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are s Gemmanlty Davalopmaot Department not responsible for errors or omissions. l7 NO wrv c lYt~ i _ •X- r F E7T~ S 2 Zy v f +Th=Y ~ _ - r~Y 74 Eagan City Council Meeting Minutes February 20, 2007 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. 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 '/4 of Section 9. Aye: 5 Nay: 0 ~5 03/30/2007 11:00 9528819150 LAW OFFICE PAGE 02 Timeline Regarding 3206 Sibley Memorial Mgh • Approximately 1935, building built and opens for business as a filling station- * Pre 1994. Business has a petroleum spill and is closed; EPA installs monitoring well. Property is vacant and a public nuisance. It becomes a site for drug deals and other nefarious activities necessitating numerous police calls. • rune, 1994. Property is purchased by John Johnson as a site for Richfield Blacktop. Clean up and improvements begun,- Conditional use permit for operation of Richfield Blacktop applied for and issued. • 1999. Property is guided medium density (MA) as part of comprehensive guide plan. At that time owners requested GB (General Business). (See attachment.) Many neighbors supported owners. Other neighbors wanted the property to be R-1. • 2003. Tim Hilde inquires regarding zoning status while considering buying the property. He is told the property is zoned transitional and guided MD (medium density) by the comprehensive guide plan with an ultimate zoning of R-3. Relying; on this information he purchases the property and the business occupying the business. • 2006. Richfield Blacktop liquidates its equipment and becomes a marketing and subcontracting firm providing the salve services and products. The property is readied for sale for redevelopment. 0 2007. City of Eagan petitions to rezone the property from Transitional to R-3. Owners join in the request and planning commission approves R-3. • 2007. City Council refers rezoning back to planning commissions for consideration of rezoning to R-2 at request of neighbors who appear at council meeting. • March 27, 2007. Planning commission approves motion to rezone to R-2. Vote is 5-2. The two dissenting voters vote "Nay" because the owner purchased the property with the reliance that ultimately the property would be rezoned R,3. • Landowners join with City in seeking rezoning to R-3 as originally sought by City and as relied upoi0when owners purchased the property. Loren oss, Attorney for Tim. Hilde 8609 Lyndale Avenue South, Suite 214 Bloomington, MN 55420 Telephone: 952-881-8636 RECEIVED MAR 3 2007 03/30/2007 11:00 9528819150 LAW OFFICE PAGE 0'' RIJG-0-1999 1520 J HNSON'5 BLRCKfOP 4-5453W P.04 E3wr may is, 19W MEMO TO: City 4f Fagan Mxyvr Awada City Camcu Planning Ccmntissi M From'Propedy 4wum AAaccu t and Sumomx tug Johnson's RicMcld Bbwk-hoP zoning We are all veighbms of Johnson's Richfield JaUd top at 3206 StAcy Memorial Hwy. in F,agan_ Prior to the time the Joh mm pmvhasod this propertyy' it had: been u*W for cvmmamal parpases and that use had beau in plwe for m=y yews. While it was vaeana., the property was a pobhc niisamce, being a natoral attracttm lsor people who wanted to do things out of the vWm of the law and law-abiding citizens. We expacted the property -w be need for commercial putposcr we believe 11w um of the inapeM is reasonable and p a4m and we do no believe that there is any teed to change the Geaetal Business zvniig~ We want tt►e Campre w sine Oxide Plan to be. C naal Business now and in dw future. . 4 .17 T o 5--X D iJ. SSI 4+00"A1a (A 66-1 P-1 I frG~i•,. ~ cw1a 1v -6 -Ib)cbmAktl Niel 16T5 Le-keuAm-. SA . ~agr~,n ~5ra A? J, -r 011~ RECEIVED MAN 3 0 2007 ~77 2-25-99 Comprehensive Guide Plan Subcommittee Property Existing/Proposed Subcommittee Land use and Zoning recommendation Samuel Johnson CPD - Ag change to O/S - Ag 2779 Pilot Knob Road O/S - Ag Crate Prospects NE corner IND - I-1 change to IND - I-1. If owners propose a Pilot Knob and Lexington IND - I-1 (no change) commercial project, City can review and change comp plan and zoning if deemed appropriate. Rural Residential area RR - Ag change to The adopted small area plan for between Lone Oak and SA (Special Area) - Ag this area will be incorporated TH 55 into new plan. It keeps RR land use. SA is just map designation. Schaaf and Windsor D-III - R-4/GB change MD - R-3. Keep unless Council Estates properties on south to denies Windsor Estates proposal side of TH 55 east of 149 MD - R-3 in April. Don't feel site best for SF due to TH 55 frontage and airport noise. Noted that area residents want commercial zoning. Concerns about how to limit commercial to only things that are deemed "acceptable". Property on Four Oaks D-IV - R-4 change to HD - R-4. If owner wants to Rd. east of TH 13 HD - R-4 (no change) down zone City can review and _ change_if appropriate. Richf eld Blacktop D-11- GB changeao MD PD. Suggest-zoning PD to 3206,S'bley Mein. Hwy: MD - R-3 alloW existing-use to remain lion= conforriing; but tong-term'plali for MFWhiles~e%~ral stated they dor% tthGapp pnate also don `f'e fappropnate for SF due to oil'pollutioii:I~fF eeiils like g odo ~?r° e idensity ~estri -d} S w 21 r r ~ W~onF suppoz large scale deyelopment' I 'ote inany e tesident 'sup po o coniihac-14l,usel C~or nc_e Le ~ about~o}ier~,r rr testinerit backed ex ect(talon Wenzel - two parcels on D-II - Ag change to MD - R-2. Parcels need to be Pilot Knob at Jurdy MD/SA - R-2/R-4 developed together. R-2 fits with surrounding duplexes on Jurdy. y8 Agenda Information Memo April 4, 2007, Eagan City Council Meeting VII. NEW BUSINESS C. PLANNED DEVELOPMENT AMENDMENT AND FINAL PLANNED DEVELOPMENT- MILLER ARCHITECTS & BUILDERS, INC. ACTIONS TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to change the approved use from restaurant/theater to commercial bank, upon approximately 2.64 acres located on 1595 Thomas Center Drive, legally described as Lot 1, Block 1, Safari at Eagan Yd Addition, in the SW 1/4 of Section 28, subject to the conditions listed in the APC minutes. To approve a Final Planned Development for a 3,396 sq. ft. commercial bank building upon 2.64 acres (Lot 1, Block 1, Safari at Eagan 3`a Addition), in the SW 1/4 of Section 28. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ The site is vacant and consists of one platted lot. ➢ The applicant is proposing a 2-story commercial bank and to lease office space on the 2nd floor. ➢ NB setback, lot coverage and dimensional standards are satisfied. ➢ The applicant states they are able to meet the conditions of approval. ➢ The applicant must petition the City for the vacation of the portion of the drainage and utility easement for the proposed Pylon sign. ➢ The Advisory Planning Commission held a public hearing on March 27, 2007 and recommended approval of the PD Amendment and Final PD. ➢ A Final PD Agreement will be executed before release of the building permit. ISSUES: ➢ The Advisory Planning Commission amended the signage condition so that the proposed Pylon sign shall be located as shown on the site plan dated March 7, 2007. This allows a deviation from code allowing a sign within the 10-foot setback area as well as a Pylon sign within 300' from another Pylon sign due to the number and size of easements on the property. 60-DAY AGENCY ACTION DEADLINE: April 21, 2007 ATTACHMENTS (2): Draft APC Minutes of March 27, p~~ag,,.e~~ through L1211 Staff report, pages through 79 Advisory Planning Commission Minutes March 27, 2007 Page 10 of 16 E. Prime Security Bank Applicant Name:Miller Architects & Builders, Inc. Location: 1595 Thomas Center Drive; Lot 1, Block 1, Safari at Eagan 3rd Addition Application: Planned Development Amendment A Planned Development to allow a bank with a drive-through. File Number: 28-PA-04-02-07 Planner Schield introduced this item and highlighted the information presented in the City Staff report dated March 19, 2007. She noted the background and history. Dan Miller, Miller Architects and Builders, discussed the property limitations due to the existing easements and the proposed application. Chair Hansen opened the public hearing. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Heaney asked for clarification on the proposed pylon sign location. City Planner Ridley illustrated the various easements impacting the buildable area of the site and the proposed building and sign locations. Chair Hansen asked the applicant about the exterior building materials and Mr. Miller confirmed that the building could/will meet the City's building materials standards. Member Keeley stated that due to the site constraints, she was okay with a detached trash enclosure. Chair Hansen asked staff about similar site situations for pylon signage and trash enclosures. Ridley explained that there are similarly tight sites, fast-food sites with drive-through operations particular in Town Centre that have managed to incorporate an attached trash enclosure. He also generically explained situations where pylon signs have been approved with less than 300' spacing. Member Jensen asked the applicant about the proposed screening for the trash enclosure. Mr. Miller explained the discrepancy on the Landscape Plan and the need to add coniferous plant material to better screen the enclosure year round. Member Dugan asked the applicant if the trash enclosure could be attached and Mr. Miller said it would not be their first choice but that it could be attached to the building. Discussion also occurred relative to exterior illumination of the building entrance and the drive- through area. 50 Advisory Planning Commission Minutes March 27, 2007 Page 11 of 16 Member Keeley stated her concern that the proposed location of the pylon sign may impair the current view of the convenience gas pylon to the east. Member Zoberi moved, Member Feller seconded a motion to recommend approval of a Planned Development Amendment to change the approved use from restaurant/theatre to a commercial bank on property located at 1595 Thomas Center Drive, legally described as Lot 1, Block 1, Safari at Eagan 3rd Addition, in the SW of Section 28 subject to the following conditions as amended: 1. A Final Planned Development shall be required and an agreement be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: • Final Site Plan • Final Landscape Plan • Final Building Elevations • Final Signage Plan • Final Site Lighting Plan 2. The trash enclosure shall be attached to the building. 3. Building materials shall meet current code standards, including percentages of materials used. 4. Light standards shall not exceed 18 foot pole heights. 5. There shall be no security'Iights on the buildings. 6. Signage shall comply with City Sign Code requirements, provided that the pylon sign shall be located as shown on the site plan dated March 7, 2007. 7. A revised Landscape Plan shall be submitted to match the plant schedule with the plantings shown on the plan. 8. The existing 1'/2" copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, shall be abandoned in accordance with City standards. 9. The development shall be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline and Dakota County, prior to final plat approval. 10. The developer shall sign a waiver of objection to special assessment for City Project 946, prior to building permit. A vote was taken. All voted in favor. Motion carried: 7-0. 8~ PLANNING REPORT CITY OF EAGAN REPORT DATE: March 19, 2007 CASE: 28-PA-04-02-07 APPLICANT: Miller Architects and Builders, Inc.,HEARING DATE: March 27, 2007 PROPERTY OWNER: Prime Security Bank APPLICATION DATE: February 21, 2007 REQUEST: Planned Development Amendment PREPARED BY: Sarah Schield LOCATION: 1595 Thomas Center Drive COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST Miller Architects and Builders, Inc., on behalf of Prime Security Bank, is requesting approval of a Planned Development Amendment to allow a commercial bank on property located at 1595 Thomas Center Drive, legally described as Lot 1, Block 1, Safari at Eagan 3' d Addition, in the SW '/4 of Section 28. The proposed bank use constitutes a change from the previously approved Preliminary Planned Development that called for the construction of a restaurant/theater on the subject property. Approval of the requested amendment would simultaneously constitute approval of a Final Planned Development to be incorporated into a forthcoming PD Agreement. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. 8y Planning Report - Planned Development Amendment (Prime Security Bank) March 27, 2007 Page 2 BACKGROUND/HISTORY The subject property was originally part of the Blackhawk Park Planned Development approved by the Eagan Town Board in 1972. The original plan was highly generalized and incorporated area bounded on the northwest by I-35E, on the south by Cliff Road and on the east by Pilot Knob Road. Over the years, the planned development has been revised numerous times. In 1993, the Lifetime Fitness Health Club was approved. In conjunction with the health club approval, a second run movie theater and a 7,500 square foot restaurant were proposed upon the subject property. In the spring of 1997, a Final Planned Development was executed (between the City and the developer) to allow two 21,000 square foot office buildings and a 14,000 square foot movie theater upon the subject property. Because the Final Subdivision associated with the Final Planned Development was not recorded within 60 days of approval however, the approval was rendered null and void. In May of 2000, the City Council approved a Preliminary Planned Development Amendment and Preliminary Subdivision for 7.0 acres of land. The three lot development called for the construction of a 10,000 square foot restaurant, a 35,000 square foot office development (within four buildings) and a 159 stall parking lot (expansion for the Lifetime Fitness Health Club). Since such approval, the most northerly of the three lots (Lot 3) has been replatted and combined with the adjacent Lifetime Fitness parcel to the east. In the fall of 2002, a Final Planned Development Agreement was executed to allow two 12,000 square foot office buildings and two 5,500 square foot office buildings on Lots 2-6, Block 1, Safari at Eagan P Addition. Most recently, the last two of the four office buildings have begun construction. The requested PD Amendment would be the final buildout of the overall plan. The Amendment would allow a bank to be constructed where a movie theater/restaurant was proposed. EXISTING CONDITIONS The 2.64 acre site has been previously graded and is void of any vegetation except near the public storm sewer pond along the south edge of the site. A 100-foot Williams Brother's pipeline easement is located on the western half of the site. This easement reduces the buildable area on the property as no structure may be placed upon it. Access to the site is provided from Thomas Center Drive. ~33 Planning Report - Planned Development Amendment (Prime Security Bank) March 27, 2007 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zonin Land Use Designation North Single Family Residential PD, Planned Development MD, Medium Density (Thomas Lake Woods) South Single Family Residential PD, Planned Development LD, Low Density (Beacon Hill) East Thomas Lake Shopping Center PD, Planned Development RC, Retail Commercial West Single Family Residential PD, Planned Development LD, Low Density (Woodgate Addition) EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed retail use appears consistent with the surrounding commercial retail and office uses. Site Plan - The Site Plan shows a 3,396 sq. ft., two-story office building on the eastern portion of the site, with parking on the north and west sides of the building. The building's main entrance faces north. The site plan does not identify an ATM outside the bank building because no current or future drive up ATM is planned. The site plan identifies two drive-through service lanes as part of the bank operations. Typically a drive-through would require a conditional use permit, however, the Planned Development Amendment may allow the drive-through in place of a conditional use permit. Bulk Standards - As a Planned Development deviation from typical zoning bulk standards may be allowed. Setbacks - Setbacks are consistent with ordinance requirements. The building is located at the minimum required 30-foot setback from Thomas Center Drive, and also exceeds the 50-foot setback from Cliff Road, 10 feet from the side lot line, and 20 feet from the rear lot line. Parking setbacks are proposed to meet the required 20 feet from all public streets. Building Coverage - The proposed building coverage is 3% which is consistent with typical commercial district zoning standards which allow 20% - 30% coverage. Building Height - The Zoning Code does not establish a maximum height requirement for Planned Developments. The proposed two-story office building, measures 30 feet at its highest point, as shown on the Elevations Plan. This is consistent with typical commercial district zoning standards which allow a maximum 30 foot height. Green Space - The proposed green space is 69% which exceeds the minimum green space requirement of 30% of the lot. ~34 Planning Report - Planned Development Amendment (Prime Security Bank) March 27, 2007 Page 4 Building Elevations/Architecture - The Preliminary Planned Development did not include building materials. However, at the time the Preliminary Planned Development was approved, the City ordinance did not include architectural standards. The proposed materials include a majority of brick and glass, which are Class I materials. The building also includes masonry stucco and rock-face block masonry, which are Class II materials. To meet current ordinance requirements, the elevations should include three Class I materials, and the building must be composed of at least 65 percent Class I materials, not more than 35 percent Class II or Class II materials, and not more than 10 percent Class IV materials. The exterior materials should be revised to meet current Code standards. This could be accomplished by utilizing stone in place of the proposed masonry block. The elevations should also identify the percentage of the materials used. Rooftop Equipment - The site plan identifies the roof top HVAC units to be screened by a mansard roof. Also, the elevations do not show the rooftop units. Therefore, the screening of the units meets the ordinance requirements. Trash Enclosure - The Preliminary Planned Development Agreement required trash enclosures to be attached and meet the requirements of the City Code. The proposed detached enclosure meets the other requirements of the City Code, however because it is detached, it is a deviation from the Preliminary PD. The plans should be revised to show the trash enclosure to be attached to the principal building. Parking - The proposed parking quantity and dimensions meet City Code requirements. City Code requires that parking be provided in the amount of one stall for each 250 sq. ft. of gross floor area for financial institutions and one stall for each 150 sq. ft. of net leasable floor area for office. The bank also requires five stacking spaces for each drive-through window. This calculates to a minimum required parking amount of 41 stalls. The applicant is proposing 43, 10' x 19' parking stalls and stacking of 10 vehicles for the two drive-through lanes. Landscaping - The Landscape Plan appears to be satisfactory, however the plant schedule indicates two avalanche lilacs and there are no lilacs shown on the landscape plan. Additionally, the plant schedule differs slightly between the number of honeylocusts, bayberrys and spireas shown on the plan. The plan indicates six Skyline Honeylocusts that provide a buffer between the parking lot and Thomas Center Drive. Also an additional honeylocust and a variety of deciduous and evergreen shrubs and perennial beds provide screening of parking areas from the public rights-of-way. The proposed landscaping materials adjacent to the detached trash enclosure consist of deciduous shrubs which will not provide year round screening. If the detached trash enclosure is allowed, the surrounding plantings shall be revised. Site Lighting - City Code requires that on-site lighting be provided as is necessary for security, safety and traffic circulation. Illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property. PIS Planning Report - Planned Development Amendment (Prime Security Bank) March 27, 2007 Page 5 The Preliminary Planned Development required perimeter lights be 18 feet in height with shields and that no security lights be located on the office buildings. Site lighting is proposed through free-standing pole-mounted lights with metal halide flat lens shoebox type fixtures. These fixtures are to be mounted on 20 foot poles within the parking lot. The west elevation identifies a light above the exit door. The plan should be modified to reflect 18 foot tall light poles. The Photometric Plan shows acceptable light levels. Light levels achieve a minimum of 0.4 footcandles within the parking lots, with a high of 3.8 footcandles and an average of 1.5 footcandles. Light levels at the property lines are 0.6 footcandles. The average to minimum ratio is 3.8, suggesting fairly uniform light levels throughout the parking lot. Sig_nage - Prime Security Bank is proposing building signage on the south and east elevations and a 20-foot pylon sign near the intersection of Thomas Center Drive and Cliff Road is also proposed. The Preliminary Planned Development agreement provided for no more than one pylon sign allowed on this lot in accordance with the City Sign Code requirements. The proposed halo-lit building mounted signs meet code requirements. However, the pylon sign does not meet the 300-foot spacing requirement from the pylon sign across Thomas Center Drive at the Holiday gas station. Further, it does not meet the 10-foot setback from the south property line. The applicant has stated "We are requesting our sign be allowed to be positioned at the south property line due to the requirement of maintaining a ten foot maintenance distance from an existing City storm water line. The placement of our sign will require the vacation of a small portion of City drainage easement to allow for its construction and maintenance". Lastly, the proposed pylon sign consists of an LED display. The applicant is aware that there is a moratorium on such signs and that they will be subject to the ordinance in affect when they apply for the sign permit. Grading - The site is open and generally slopes from west to east with elevations ranging from 970 to 930. Four Williams Brothers gas pipelines (with a 100-foot wide easement) run through the west side of the site in a north-south alignment. The developer does not propose to affect these pipelines as part of the development, as the majority of the development is located on the eastern half of the site. A small retaining wall is proposed within the existing public drainage & utility easement along the north edge of the site. The wall is proposed in a location so as not to inhibit City maintenance of the water main pipe within the easement. Storm Drainage/Water Quality - Storm water runoff from this development will drain via existing public storm sewer to Pond BP-13.1 (as designated in the City Storm Water Management Plan) east of the Lifetime Fitness Center. This pond has been designed and constructed to handle the runoff from this development. Pond BP-39, along the south edge of the site, serves approximately 42 acres of property to the south, and will be expanded as part of a separate public improvement project administered by the City. Easements have been provided with the plat to allow for this pond expansion. (el Planning Report - Planned Development Amendment (Prime Security Bank) March 27, 2007 Page 6 Utilities - The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient size, depth and capacity are available from Thomas Center Drive to the east. Existing 1'/2" copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, should be abandoned in accordance with City standards. Streets/ Access/ Circulation - Public street access is available from Thomas Center Drive, a looping street that intersects with both Cliff Road and Thomas Lake Road. The Thomas Center Drive - Beacon Hill Road/ Cliff Road intersection is currently controlled by a traffic signal system. The bituminous overlay of Thomas Center Drive was recently approved by the City Council December 19, 2006 under City Project No. 946, and in accordance with the City's 5-Year Capital Improvement Plan (CIP). Under this project, a special assessment is proposed to this property (1595 Thomas Center Drive). This development should be required to sign a waiver of objection to special assessment for City Project 946, prior to building permit. A 6-foot wide concrete sidewalk along the west side of Thomas Center Drive and an 8-foot wide blacktop trail along the north side of Cliff Road provide the pedestrian access in the area. Easements/ Permits/ Right-of-Way - The proposed location of the pylon sign will require the vacation of public drainage & utility easement. The developer should be responsible for petitioning the City for the vacation of the easement. The development should be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline, prior to building permit approval. Tree Preservation - There are no tree preservation issues relative to this development proposal. Parks and Recreation - This development is responsible for cash park and trail dedications due at the time of building permit at the rates then in effect. The 2007 park rates are $1,737 per 1,000 square feet of building and the trail rates are $1,251 per net acre. Airport Noise Considerations - The subject property lies outside of the airport noise exposure zones established by the Metropolitan Council. SUMMARY/CONCLUSION Prime Security Bank is proposing to amend the Preliminary Planned Development for Lot 1, Block 1, Safari at Eagan 3rd Addition by changing the approved use from a theater/restaurant to a bank/office. The use appears compatible with surrounding uses; however, the proposal includes some deviations from development standards in the Preliminary Planned Development and from typical commercial zoning standards. ~7 . Planning Report - Planned Development Amendment (Prime Security Bank) March 27, 2007 Page 7 City policymakers shall determine whether the proposed change in use is acceptable and whether to accept the proposed deviations as part of the Planned Development approval use of different architectural materials than specified in the City Code; 20 foot light poles; detached trash enclosure; freestanding sign spacing less than 300 feet; and a pylon sign placed at zero setback. The proposed sign location would not be allowed unless the applicant receives approval for the vacation of a portion of the easement. Approval of the Planned Development Amendment would simultaneously constitute approval of a Final Planned Development. Execution of a Final Planned Development Agreement will be required prior to issuance of a building permit. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to change the approved use from restaurant/theatre to a commercial bank on property located at 1595 Thomas Center Drive, legally described as Lot 1, Block 1, Safari at Eagan 3rd Addition, in the SW '/4 of Section 28. Approval of the Planned Development Amendment also constitutes approval of the Final Planned Development. If approved the following conditions shall apply: 1. A Final Planned Development shall be required and an agreement be prepared and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Final Planned Development: • Final Site Plan • Final Landscape Plan • Final Building Elevations • Final Signage Plan • Final Site Lighting Plan 2. The trash enclosure shall be attached to the building. 3. Building materials shall meet current code standards, including percentages of materials used. 4. Light standards shall not exceed 18 foot pole heights. 5. There shall be no security lights on the buildings. 6. Signage shall comply with City Sign Code requirements. 7. A revised Landscape Plan shall be submitted to match the plant schedule with the plantings shown on the plan. 8. The existing 1'/z" copper water service lines, that will not be utilized by this development but are stubbed to this site from Thomas Center Drive, shall be abandoned in accordance with City standards. Planning Report - Planned Development Amendment (Prime Security Bank) March 27, 2007 Page 8 9. The development shall be responsible for obtaining all necessary permits from regulatory agencies, including Williams Brothers Pipeline and Dakota County, prior to final plat approval. 10. The developer shall sign a waiver of objection to special assessment for City Project 946, prior to building permit. Eagan Boundary Right-of-way ~Para Location Map Park Area Area - Building Footprint 1 a ~ mme ' , Q a •v ! ~ • ® A ~ ® ® psd 10 U., a _ mmm°o ® ® o s m a A- ♦ m i5, - ss®®®.■ % ® w. char ' e it 1 ®®..a ® a a~ oe t i w o~ a ® s i 9~ , w.xo<,. x. aw.. wv. ® ® r_6■ ® w ~ i v 8 a ` s ■ 1 E 4 ♦o 116 o 9F WW~•4W. 9 u ~ 9 ~ ¢8 Subject Site m 0 m r . sx, *own O s s ~ .j ® s a P ® ® ® a tr d a S. e sf s s ♦ a . p a►® i b ~ ' a ■ • . a B ~ to z • " ■ ~ ~ , d law ® ~ a'd ~ a ! y e ® • ° ~d~ • ~ . ~ 9 a . o Mu e e j 9 , R - q 4 • 1000 0 1000 2000 Feet Development/Developer. 1595 Thomas Center Drive Application: Planned Development Amendment Case No.: 28-PA-04-02-07 Map Prepared using 3.7. Parcel base map data provided by Dakota County y Office ce of of G1S and is current as of April 2005. (//J J/ THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of EajaIl W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S C..-Ity D.v.loprn-t D.p.rt-nt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Prime Security Bank Land Use Map Planned Development Amendment 28-PA-04-02-07 -LLJ Zoning Map P P P P PD Current Zoning: PD Planned Development PD Location P R-1 PD coo 0 600 1 00 Feet C.S.A.H. NO. 32 (CLIFF ROAD) mmr~ ® Comprehensive Guide Plan alp P .Jr~e QP Land Use Map MDR P ND Current Land Use Designation: L RC MD Retail Commercial MD Location LD LD LD RC 0.0 C C.S.A.R. NO. 32 (CLIFF ROAD) Soo 0 600 1200 Fast I r---rr7T, Parcel base map information provided by Dakota County Land Survey Department Deember 2005. 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KSF2 Naturally anodized, extruded, aluminum door frame with mitered corners is retained with (twol .188" diameter hinge pins and secured with lone! quarter-turn, quick-release fastener. Weatherproof seal between housing and door frame is accomplished with an integrally designed, extruded silicone gasket that snaps into door frame. FINISH - Standard finish is dark bronze (ODB) polyester powder. Other METAL HALIDE powder architectural colors available. HIGH PRESSURE SODIUM OPTICAL SYSTEM - Reflectors are anodized and segmented for superior 20DW 400W uniformity and control, which allows the flexibility to mix distributions without compromising the overall lighting job. Reflectors attach with tool-less 15' to 25' Mounting fasteners and are rotatable and interchangeable. Five cutoff distributions available: Type If (roadway), Type III (asymmetric), Type IV (forward throw, D sharp cutoff), Type IV (wide, forward throw) and Type V (square symmetri- cal). Lens is .125" thick, impact-resistant, tempered, glass with thermally applied, silk screened shield. ELECTRICAL SYSTEM - Constant-wattage autotransformer is 100% -Arm L copper-wound and factory-tested. Super CWA Pulse Start ballast required for 320W and 35OW (must order SCWA option). Porcelain, horizontally oriented, mogul-base socket with copper alloy, nickel-plated screw shell Specifications Mountino Ootion DrillinoTemplate ' and center contact. UL listed 1500W- 60OV. EPA: 2.0 ft1 (.28mz) (includes arm) SPxx,RP)mDA12P 5 INSTALLATION - Extruded, 4" aluminum arm for pole or wall mounting is Length: 24-19/32 (62.5) WBxx,DA12WB s shipped in fixture carton. Optional mountings available. Width: 17-25132 (45.2) WWxx 7 LISTING - UL listed for wet locations. Listed and labeled to comply with Depth: 8-5/16 (21.1) Canadian Standards (see Options). NOM Certified (see Options). Weight 51 Ibs (23.6k9 ) All dimensions are inches (centimeters) Arm: 4 (10.2) unless otherwise specified. ORDERING INFORMATION Example: KSF2 400M R3 120 SP04 SF LPI Choose the boldface catalog nomenclature that best suits your needs and write it on the appropriate line. Order accessories as separate catalog number. KSF2 Series Voltage Mounting' Options Lamp KSF2 120 SP04 Square pole (4" arm) Shiooed installed in fixture PE4 NEMAtwist-lock PE LPI Lamp 2081 (standard)' SF Single fuses (480VI included Wattage 2401 SP09 Square pole (9' arms OF Double fusea PE7 NEMAtwist-lock PE (standard) Metal halide 277 RP04 Round pole (4" arm)4 PER NEMAtwist-lock (277V) L/LP Less lamp 250M 347 RP09 Round pole IT arm) receptacle only (no SC Shorting cap for 320M 4801 WWO4 Wood pole or wall (4" photocontrol) PER option 35DM arm)' (IRS Quartz restrike system KSF2HS House side shield (R2,113) TB 000w max? gppM VtNU09 Wood pole wall arm) oRSTO (IRS time delay (1DOW max)s KSFZVO Vandal guard Hiah pressure W604 Wall bracket t 14' arm)) sodium WB09 Wall bracket (9" arm) EC Emergency circuits Architectural colors A CR Corrosion-resistant finish (powder finishlr 2DOS L/ARM When ordering KMA, DA12 aw - 250S Distribution Optional mounting CSA Listed and labeled to OWH White 4 4005 comply with Canadian DBL Bla -ir e (shipped separately) it'r; r` f ! R2 IES Type 11 roadway Standards DMB Medium bronze / U r R3 IES Type III asymmetric DA1ZP Degree arm (pole) NOM NOM Certified DNA Natural aluminum R4SC IES Type IV forward DA12WB Degree arm (waif) SCWA Super CWA Pulse Start DSS Sandstone throw, sharp cutoff KMA Mast arm adapter Ballast R4W IES Type IV wide, KTMB Twin mounting bar Shipped separately DGC Charcoal gray forward throw DTO Tennis green PEI NEMA twist-lock PE (120, DBR Bright red R5S IES Type V square 208,240V) NOTES: PE3 NEMA twist-lock PE (347V) DSB Steel blue 1 Use E028 reduced jacket lamp. 2 Consult factory for availability in Canada. 3 Optional multi-tap ballast (120, 208, 240, 277V; 120, 277, 347V in Canada). Accessories: Tenon Mounting Slipfiffer (Order separately) 4 SP09, RPO9, or WW09 must be used when two or more luminaires are Number of fixtures oriented on a 90° drilling pattern. 5 Must specify voltage. N/A TB. Tenon D.D. One Two4D1B0" Two@90°' Three®120° Three090°' Four@90°' 6 Lamp not included. 2.318" TZO.190 T20-280 720.290 T20-320 T20-390 720-490 7 Additional architectural colors available. See brochure, Form No.794.3. 2-7/8• T25.190 T25-280 T25-290 725-320 T25-390 T25-490 8 Refer to technical data section in Outdoor binder for drilling template. 4" T35.190 T35-280 T35-290 T35-320 T35-390 T35-490 Outdoor h Sheet KSF2-M-S AL-330 s~ qq za ■ 3 .t 2■ 11 all:: 102 A-4 1 bs ~ ~op 10 $ Q 9 ' RHHHHH 1 ~ I N 33 , ~ , ~ ~ 83R lY-.i ~ 4 kl 2. ~ i ~ ' <c d34 a~ II L, OQ vV > I, 4 57 ' I I Y6p937 a H:b i 1 1 11~ ,I II .1 ' Z I O I' < I I~ i I , I, I I 9 ~ 'I 33a b g~ 6 , i ~ 3 3 a '~s a~ i I j I I I I ~ I I I ~ I I I ! I. j j ~ I -v I _~Q I I ~ I I I ~ £ri S I I ~ I I I ~ I I I -ice ~ I I I I I Ip I I! ` I Ia {I, I ~ a flip E II II II II II II ' 1 ' L --n F-~ II ~ y 1 II ,1 I I I I f~'~~II11 II II I 'I N I I I II v _ ` ~ I F ------Tj I j I Vl ; `BC1 bRRp WO ~ i ffff ft ffff fff ff ~~d F N ' V O 0 0 c Z J \V/~J\ U N X O m U Y Z Q 00 Z U) W V LLJ F- W Q r\7Jr m Z 0R< o r7 Q m a W u H U U Z W Z~ N - m~ <oo _ F- W LU I+~ ~ -i W U Q Cj0 QJOUC9Q ray' m fn u.. J UA a-L J W x N 11 U) W ~~-2 U LLJ Z O 2 V W J Z F- m W U) Q Z U tq- W Z Q U X W LO LL OO J F J O O U W W = W m J QNdQO O(j)cnUn z ~b Q W O Z Narrative Prime Security Bank is proposing to construct a new 2-story professional building to house a Prime Security Branch location in Eagan. The buildings main level will house the primary banking operations including two lanes of drive-thru with a third lane for by- pass of traffic and utility vehicles. The banks ATM will be located in the main entry vestibule. The second level of the building would provide lease space for synergistic tenants and allow future space for the bank to grow into. A basement level is planned for record storage and mechanical. Proposed ground breaking for this project would be the spring of 2007 with completion in the fall of 2007. The surrounding land uses to the north and east of the site are commercial in nature including Lifetime Fitness, a retail strip mall, restaurant, business office, and gas/ convenience store. The property to the south and west of the site is residentially developed with single-family and town homes. The bank will be an added service to the retail commercial district, and will provide commercial and retail banking services to the area while having a minimal impact on City utilities and other services. The development of this last lot in the plat will allow this property to be utilized for one of its highest and best uses, will be the catalyst for the completion of the City regional holding pond, and provide a professional banking service business that can be utilized by both residential and business in the immediate neighborhood. The existing vacant platted lot has numerous inherent challenges in order to make a project viable. There is a large fuel pipeline easement bisecting the lot from north to south, currently owned by Magellan Pipeline Company. The lot is approximately 2.6 acres in size and has a substantial topography change from east to west. In addition, the lot has a large drainage easement at its south end to allow for the construction of a City regional storm water detention pond. In addition, a shared access easement and parking/drive easement with the lot immediately to the north limit site design and usage. The owner's development requires a pylon sign, and the only practical location for this sign is at the southeast corner of the lot, due to the orientation of the Magellan pipeline easement and the holding pond easement. Current City ordinance requires pylon signs to have a minimum separation of 300 feet. There is currently a pylon sign at the east corner of Thomas Center Drive and Cliff Road at a gas/convenience store. Our planned sign location will not allow us to maintain the 300 foot separation due to the planned holding pond and the Magellan pipeline easement. Pylon signs also require a ten foot setback from the property line. We are requesting our sign be allowed to be positioned at the south property line due to the requirement of maintaining a ten foot maintenance distance from an existing City storm water line. The placement of our sign will require the vacation of a small portion of the City drainage easement to allow for its construction and maintenance. EVISED 102- REIT!9 7 2007 -2- City ordinances encourage trash enclosures to be attached to the main building where feasible. We have designed a remote trash enclosure into our plans due to the design constraints of the sites ingress and egress coupled with the drive-thru around the west and south sides of the building. It would be impractical and unsafe to have refuse pickup interfere with the safe flow of traffic through the drive-thru lanes and cross pedestrian traffic entering or exiting the building. The trash enclosure would be constructed with the same masonry materials utilized on the building and be well screened with landscaping. Finally, a conditional use is required for the construction and use of the drive-thru. We have worked very hard to develop a plan that will allow this site to be utilized for one of its highest and best uses. We have met with City staff on many occasions, have had discussions with Magellan Pipeline representatives, and many planning sessions with the future owners in order to develop a plan that meets the objectives of all parties concerned. Through many meetings, discussions, and compromises we feel we have a great plan that will give the community a quality project. Thank you for your consideration. RECEIVED MIAR l u Agenda Information Memo April 4, 2007 Special City Council Meeting VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. APPOINT REPRESENTATIVE TO THE ROBERT STREET CORRIDOR STEERING COMMITTEE ACTIONS TO BE CONSIDERED: To appoint a member of the City Council as a representative to the Robert Street Corridor Steering Committee and appoint an alternate member to the Committee (the alternate can be a member of the City Council or a staff appointee). FACTS: Dakota County is preparing a feasibility study for the Robert Street Corridor, which will examine transit issues and opportunities in the Robert Street Corridor area, and provide recommendations on investments that can be made to improve the overall Robert Street transportation system. ➢ To assist with the process, a steering committee has been formed, which will include representatives of each of the communities that are located within the Robert Street Corridor Study area. ➢ The City of Eagan is asked to appoint a member of the City Council as a representative to the committee. The City is also asked to appoint an alternate, who could be a Councilmember or a designee of the Council. The committee will be meeting quarterly on the first Thursday of the month at 3 p.m. at the Northern Dakota County Service Center in West St. Paul. The next steering committee meeting will take place on May 3, 2007. The steering committee members have also been invited to participate in a tour of the St. Paul Union Depot on Tuesday, April 17 (see enclosed e-mail). ➢ If the City Council would like the opportunity to dialogue further about the Robert Street Corridor Steering Committee, this item could be continued to the April 10 workshop in light of the fact that the next steering committee meeting is not until May 3. ATTACHMENTS: ➢ Enclosed on pages I C42 and 120 is a document prepared by Dakota County entitled, "Introduction to the Robert Street Corridor Transit Feasibility Study", which includes a map of the study area, along with the purpose and goals of the committees that will assist in the process. ➢ Enclosed on page is a meeting schedule for the Robert Street Corridor Steering Committee. Enclosed on page a is an e-mail to members of the Robert Street Corridor Steering Committee inviting them to join the St. Paul Chamber of Commerce on a tour of the St. Paul Union Depot Station on April 17, at 8:15 a.m. Enclosed on page 17-747 $a roster showing the appointments made to the steering committee thus far. /0V Agenda Information Memo April 4, 2007 Special City Council Meeting VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE A. APPOINT REPRESENTATIVE TO THE ROBERT STREET CORRIDOR STEERING COMMITTEE ACTIONS TO BE CONSIDERED: To appoint a member of the City Council as a representative to the Robert Street Corridor Steering Committee and appoint an alternate member to the Committee (the alternate can be a member of the City Council or a staff appointee). FACTS: ➢ Dakota County is preparing a feasibility study for the Robert Street Corridor, which will examine transit issues and opportunities in the Robert Street Corridor area, and provide recommendations on investments that can be made to improve the overall Robert Street transportation system. ➢ To assist with the process, a steering committee has been formed, which will include representatives of each of the communities that are located within the Robert Street Corridor Study area. The City of Eagan is asked to appoint a member of the City Council as a representative to the committee. The City is also asked to appoint an alternate, who could be a Councilmember or a designee of the Council. ➢ The committee will be meeting quarterly on the first Thursday of the month at 3 p.m. at the Northern Dakota County Service Center in West St. Paul. The next steering committee meeting will take place on May 3, 2007. ➢ The steering committee members have also been invited to participate in a tour of the St. Paul Union Depot on Tuesday, April 17 (see enclosed e-mail). If the City Council would like the opportunity to dialogue further about the Robert Street Corridor Steering Committee, this item could be continued to the April 10 workshop in light of the fact that the next steering committee meeting is not until May 3. ATTACHMENTS: Enclosed on pages and is a document prepared by Dakota County entitled, "Introduction to the Robert Street Corridor Transit Feasibility Study", which includes a map of the study area, along with the purpose and goals of the committees that will assist in the process. ➢ Enclosed on page is a meeting schedule for the Robert Street Corridor Steering Committee. ➢ Enclosed on page is an e-mail to members of the Robert Street Corridor Steering Committee inviting them to join the St. Paul Chamber of Commerce on a tour of the St. Paul Union Depot Station on April 17, at 8:15 a.m. Enclosed on page is a roster showing the appointments made to the steering committee thus far. 105 101 L. 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CD Q 0- UJ 4RpOR w W rf : REEr ro • ~r~ ' ~-P, ROBERT STREET CORRIDOR • o o STEERING COMMITTEE Of ■ ■ ■ ■ ■ ■ MEETING SCHEDULE May 3, 2007 at 3:00 p.m., in Conference Room 520 at the NSC August 2, 2007, at 3:00 p.m., in Conference Room 520 at the NSC • October 4, 2007, at 3:00 p.m., in Conference Room 520 at the NSC November 1, 2007, at 3:00 p.m. in Conference Room 520 at the NSC Tentative • January 3, 2008, at 3:00 p.m. in Conference Room 520 at the NSC Tentative February 7, 2008, at 3:00 p.m. in Conference Room 520 at the NSC Tentative April 3, 2008, at 3:00 p.m. in Conference Room 520 at the NSC June 5, 2008, at 3:00 p.m. in Conference Room 520 at the NSC 12~5 Dianne Miller From: O'Connell, Sam [Sam.OConnell@CO.DAKOTA. MN.US] Sent: Thursday, March 29, 2007 3:39 PM To: Barb Benson - Robert Street; Bernie Weitzman - Robert Street; Bill Droste; Branning, Will; Carol Keyes-Ferrer; Celeste Riley - Robert Street; Dave Thune - Robert Street; Dennis Madden - Robert Street; Donna Swanson - Robert Street; Faye Sparks; Gaylord, Kathleen; Jim McDonough - Robert Street; Joel Bennett -Robert Street; John Zanmiller; Kathy Fischer; Krom, Daniel; Larry Laukka; Mary Jeanne Scheeman - Robert Street; Molly Park; O'Connell, Sam; Representative Rick Hansen; Rick Nau; Schouweiler, Nancy; Senator James Metzen; Tom Seaberg - Robert Street; Tony Bennett - Robert Street; Alicia Vap; Allen Lovejoy; Bob Vockrodt; Charles Carlson; Dianne Miller; Eric Zweber; Gary Johnson; Jenna Fabish; John Sachi; Kim Lindquist; Laurie Shives; Matt Saam; Michael Klassen; Mike Abegg; Mike Salmanowicz; Russ Matthys; Ryan Ruzek; Scott Thompson; Sue McDermott; Tim Plath; Tom Link Cc: Hoffmann, Jeanne Subject: Invitation to tour St. Paul Union Depot Robert Street Corridor Steering Committee and Technical Advisory Committee: Ramsey County Regional Railroad Authority has extended an invitation to Robert Street Steering Committee and Technical Advisory Committee Members to join the St. Paul Chamber of Commerce and tour the concourse area of the St. Paul Union Depot on Tuesday, April 17th. This invitation is has also been extended to members of the LOCATE Committee, the Rush Line Corridor, the Red Rock Corridor and I-94 Corridor. We will meet on Tuesday, April 17th, at B:15 AM (sharp!) in the Union Depot, located at Fourth Street between Sibley and Wacouta, St. Paul. We will meet near the coffee shop on the main floor of the Union Depot. We anticipate that the tour will take less than one hour. Parking is available two blocks east and one block south of the Depot at the southeast corner of Kellogg and Broadway. The parking lot is marked with gold and black "Central Parking" signs at its entrance. Please RSVP to me by Friday, April 13th if you plan on attending the tour so an accurate count of Robert Street Corridor participants can be provided to tour organizers. Hope you can make this exciting opportunity to tour Minnesota's next multi-modal hub! Salima "Sam" O'Connell, AICP Transit Specialist Dakota County Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Phone: 952.891.7105 Fax: 952.891.7031 sam.oconnell@co.dakota.mn.us L~C I W c 0 cn Ln 7 7 E c c rn ° E Y. 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CV CV r r r r r ~ r r e- LO CO CO In LO LO U') In (O (O CO CO (O CO (O CO U C .o E z Y N ` co 00 " ca ca Q N cC) O L > > N r L CO N N 7 LO Cl) In 7 E J :3 :3 co c U-) ON ON L 7 0) CU~J OCO C ~tO co m~ o> Z W > Z C W~ m ~ ca DLO CD U') LO ~z~LO Qg Qg 0) U') - rnU. m~ - g cacO.:~ m o= co cU') o E _vm s ~Z2 ~Z -aa aS~Y NCO N z "aZ Z wY~YY~ >,mY f° m Ea W Ea om' V U n U i cL c 2U) =to > :3 aa)) mom a)mZ)Cb ca NO ,,m>$m a) ~~mca o~ao~acn~o~>,~~ O ~N~mEL E oa r 0 CO lO (O N (O >O LO (a (a C) C (,J co U) co U) W r- U) Q r- o U) U) W a) a) ~ O a a) (D > -0 -0 E Q E a < W N L L W o ca cn c cn o c o W ` ca cn 4) rn m U - U O ~ a c V Y C N N C cn E C Y a) E Z a) to tl N 7 >i' co Cn C F~ m d O N Y c W = (D c 0 -7 c W -o a) (U f>a O p t W N U Q Q U LL d O I > d IL N c Q O cn N c can ~ ~ ~ U W~ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER APRIL 4, 2007 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE NIINUTES D. OLD BUSINESS E. NEW BUSINESS 1- THOMSON EXPANSION PROJECT - Request that the City Council call for a Public Hearing on the proposed establishment of a Project Plan and the proposed establishment of Tax Increment Financing District 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement and Related Documents for Acquisition of the Kelly Plourde Property at 3935 Cedarview Drive F. OTHER BUSINESS G. ADJOURN l Z~ Agenda Information Memo Eagan Economic Development Authority Meeting April 4, 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 March 20, 2007 EDA meeting as presented or modified. ATTACHMENTS: hh / • Minutes of the March 20, 2007 EDA meeting on pages _ V[J V / I -n A MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 20, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 20, 2007 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Tilley, and Commissioner Bakken. Commissioner Carlson was absent. 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 Bakken seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 APPROVE MINUTES Commissioner Fields moved, President Maguire seconded a motion to adopt a resolution approving the minutes of the March 6, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT ACKNOWLEDGEMENT OF CERTIFICATE OF COMPLETION AND AUTHORIZATION FOR ISSUANCE OF TAX INCREMENT NOTE FOR INTERSTATE PARTNERS-GRAND OAK REDEVELOPMENT PROJECT Community Development Director Hohenstein discussed Phase II of the Grand Oak redevelopment project and the development agreement with Interstate Partners for acquisition and resale of property located at the intersection of TH 149 and TH 55 for redevelopment purposes. Commissioner Tilley moved, Commissioner Bakken seconded a motion to adopt a resolution to certify that the Grand Oak CR LLC has substantially completed the Phase II minimum improvements under its TIF development agreement in the Northeast Eagan Redevelopment District and to authorize issuance of the Tax Increment Note for this Phase. Aye: 4 Nay: 0 l~~ NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT AUTHORIZATION OF NEGOTIATIONS FOR THE POSSIBLE ACQUISITION OF THE REMAINING PROPERTIES IN THE CEDAR GROVE CORE AREA AND CEDAR GROVE NORTH DISTRICT Community Development Director Hohenstein discussed the possible acquisition of the remaining properties in the Cedar Grove Core area and Cedar Grove North District. The action would not apply to the Jensen's and Cedarvale Lanes properties that have been designated to remain in place. He noted that consideration of action was being requested in light of the fact that the five year deadline for expenditures to be covered by TIF and for the potential use of eminent domain will occur in July of 2008 and that the City Attorney has indicated that it will be necessary to consider whether to proceed with eminent domain for remaining parcels as early as June of 2007 to give sufficient time to meet that deadline. Commissioner Fields moved, Commissioner Bakken seconded a motion to authorize negotiations for the possible acquisition of the remaining redevelopment properties in the Cedar Grove Core Area and Cedar Grove North District for redevelopment purposes and to authorize the preparation of appraisals of the properties. Aye: 4 Nay: 0 OTHER BUSINESS There was no other business. An Executive Session was held to discuss the possible acquisition of the Mediterranean Cruise property, located at 3946 Sibley Memorial Highway in the Cedar Grove Redevelopment District. The meeting was adjourned at 9:15 p.m. Date Thomas Hedges, Executive Director 131 Agenda Memo Eagan Economic Development Authority Meeting April 4, 2007 1. THOMSON EXPANSION PROJECT - REQUEST THAT COUNCIL CALL FOR A PUBLIC HEARING ON PROPOSED TAX INCREMENT FINANCING DISTRICT ACTION TO BE CONSIDERED: To approve a resolution requesting that the City Council call for a Public Hearing on the proposed establishment of a Project Plan and Economic Development Tax Increment Financing District for the potential expansion of the Thomson-West's Eagan Campus. FACTS: • Thomson-West is considering the expansion of its facilities located at 610 Opperman Drive in Eagan. The project anticipates the potential development of a 425,000 s.f. office building that will permit the addition of 2,000 jobs to the community. The company is also considering the addition of a third 80,000 s.f. data center on the campus. • The City Council has received a request from Thomson-West for consideration of support the project. At its meeting of March 6, 2007, the City Council received an overview of the project by the Company - a project summary is among the attachments listed below. At that time, the City Council approved a resolution supporting the passage of legislation to permit the City to consider the establishment of a nine year economic development tax increment financing district to provide local public financing assistance for the project. • City staff and consultants have begun to perform the preliminary work necessary for the consideration of the district if the legislation is adopted. In order to consider the district, the City Council will need to schedule and hold a public hearing for that purpose. • Under the City's EDA structure, the EDA must request that the Council schedule the hearing. The action before the EDA is to formally ask that the City Council, at its next meeting, consider scheduling a public hearing for that purpose. ATTACHMENTS: • Area map on page 1 33 • Project Summary on pages J;3 (t through 135 • Schedule of events on pages1NP-through 131 • Resolution calling for a public hearing on page ; 132 Eagan Boundary Ri9alr Parcel Area Park Area Locatio.n Map Building Footprint a VIE f'. ® f o ® , Haim d"B's, M1 I Is e- owns ♦ ® ® 9 i c a Subject Site eaa Iss"I ~,e Q o m I*..vwJ~ j 4 • O Q O , t v o a • a I .10 a o ti ~ J \ ~ t L J • ~ O r ~ ~ rr 1000 0 1000 2000 Feet DevelopmentlDeveloper. Thomson Site Application: NA Case No.: NA Map Prepmed Cusing om F.RSI ccArcVfm ofof GGISat. s ftmd canwabrio amp data proMdad N 401- by OakoN Countyl7flice andaantas of Apr112005. I av of iap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W* E The City of Eagan and Dakota County do not guarantee the accuracy of this iaformaUea and are S Common" DevNepmaat Depamnowt not responsible for errors or omissions. THOMSON PROJECT SUMMARY April 4, 2007 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 as an alternative to distributing the jobs in 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. 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. l ~ . ➢ 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. CURRENTSTATUS ➢ Legislation has been introduced relative to the elements of the proposed state assistance package for the project and the authorization for City consideration of an economic development TIF district. Those bills are receiving hearings at this time. /`r~r l DRAFT SCHEDULE OF EVENTS (as of March 5, 2007) EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA FOR THE PROPOSED ESTABLISHMENT OF THE THOMSON EXPANSION PROJECT PLAN AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 3-1 (a special legislation economic development TIF district with a 9 year term) March 6, 2007 City Council approves resolution supporting enabling legislation to permit TIF for Thomson West expansion and authorizing preliminary activities. [Packet information due by February 27, 20071 March 20, 2007 Deadline for submitting final plat to the City. The City has 30 days to review the plat. April, 2007 City and Thomson negotiate TIP Development Agreement and Business Subsidy Agreement April 3, 2007 EDA requests that the City Council call for a public hearing on the proposed Modification Project Plan and the proposed establishment of Tax Increment Financing District. April 9, 2007 Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, and list of sources and uses of funds) for drafting necessary documentation on sent to Ehlers & Associates. April 16, 2007 Ehlers & Associates confirms with the City whether building permits have been issued on the property to be included in TIF District. April 17, 2007 City Council calls for public hearing on the proposed Modification to the Project Plan and the proposed establishment of Tax Increment Financing District. April 20, 2007 Project information submitted to the County Board for review of county road impacts (at least 45 days prior to public hearing). May 4, 2007 Fiscal/economic implications received by School Board and County Board (at least 30 days prior to public hearing). May 15, 2007 EDA considers the Plans. May 22, 2007 Planning Commission meets at 6:30 p.m. and reviews Plans. May 23, 2007 Ehlers & Associates conducts internal review of Plans. 4& J EHLERS SCHEDULE OF EVENTS - PAGE 2 EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA FOR THE PROPOSED FOR THE MODIFICATION TO THE PROJECT PLAN AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT (a special legislation TIF development district) May 24, 2007 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). June 1, 2007 City and Thomson finalize TIF Development Agreement and Business Subsidy Agreement for consideration by EDA. June 5, 2007 City Council meets at 6:30 and approves special legislation for creating Tax Increment Financing District. June 5, 2007 City Council holds public hearing on a Modification to the Project Plan and the establishment of Tax Increment Financing District. June 19, 2007 City Council meets at 6:30 p.m. and makes the findings for establishing the TIF District and passes resolution approving the Plans. June 19, 2007 EDA approves Development Agreement with Thomson, including the granting of a business subsidy. June 20, 2007 Building permit can be issued. Post July 1, 2007 Ehlers & Associates files Plans with the MN Department of Revenue, Office of the State Auditor, and requests certification of the TIF District with Dakota County. The proposed calendar assumes that Legislation for the establishment of the TV District is approved during the last week of the Legislative session, and it assumes that the standard process for the establishment of the TIF District is completed. If the Legislation is approved earlier, the calendar of activities can be moved forward In addition, the Legislation could include provisions to waive any of the notices or steps in the establishment of the TIF Plan. The proposed calendar assumes that the TIF District will be certified after July 1, 2007. 01 E♦HLERSI l LLOC11Ti MC L 1 /67 EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN DAKOTA COUNTY, STATE OF MINNESOTA RESOLUTION NO. RESOLUTION REQUESTING THE CITY COUNCIL OF THE CITY OF EAGAN TO ESTABLISH A THOMSON WEST EXPANSION DEVELOPMENT DISTRICT AND RELATED TAX INCREMENT FINANCING DISTRICT. WHEREAS, legislation has been introduced in the Minnesota Legislature (the "Special Legislation') which, if enacted, would authorize the City of Eagan to establish a tax increment financing district to finance certain costs related to the proposed expansion of the Thomson West campus; and WHEREAS, implementation of Special Legislation would require the City to designate a Development District and establish a related Tax Increment Financing District, pursuant to, and in accordance with, Minnesota Statutes, Sections 469.124 to 469.134 and 469.174 to 469.1799, inclusive, as amended; NOW, THEREFORE, BE IT RESOLVED By the Board of Commissioners of the Eagan Economic Development Authority, Minnesota (the "EDA") as follows: 1. The EDA hereby requests that the Council call for a public hearing on June 5, 2007, to consider adoption of a Development Program and designation of a Development District and adoption of a Tax Increment Financing Plan for a related Tax Increment Financing District for the Thomson West expansion project (collectively, the "Program and Plan") and cause notice of said public hearing to be given as required by law. 2. Staff and consultants are authorized and directed to take all steps necessary to assist in preparing the Program and Plan and related documents and to undertake other actions necessary to bring the Program and Plan before the Council. Approved by the Board on April 4, 2007 President ATTEST: ib.us. M6944.02 439 Agenda Memo Eagan Economic Development Authority Meeting April 5, 2007 2. CEDAR GROVE REDEVELOPMENT DISTRICT - RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR KELLY PLOURDE PROPERTY AT 3935 CEDARVIEW DRIVE ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement and related documents for the Kelly Plourde property, 3935 Cedarval Drive. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • Over the past several years, the City has considered the voluntary acquisition of properties in which there is a willing seller. • The City was approached by Kelly Plourde, owner of the properties at 3935 Cedarview Drive. The EDA and City Council previously authorized staff to enter into negotiations for the purchase of the property. • Staff and the owners have agreed to a sale of the property to the EDA for $525,000. The price is supported by the seller's appraisal and a review by the City's appraiser. The purchase agreement and related documents are in order for consideration at this time. Part of the consideration for the sale is continued occupancy of the property by the seller for a dollar for a period of one year. ATTACHMENTS: • Area map on page • Resolutions on pages • Purchase Agreement and related documents available upon request. /~3g / i ~~n Silver.Be11;Rd Cedar Area nt e , Grove Redevelo m Subject Site i 0 325 650 1,300 et ~Fe . 4 city of Cagan Cedar Grove Redevelopment Area Plourde Property-3935 Cedarview Dr. CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR 3935 CEDARVIEW DRIVE - KELLY PLOURDE PROPERTY BE IT RESOLVED by the Eagan City Council to approve the purchase agreement for 3935 Cedarview Drive, the Kelly Plourde Property, in the Cedar Grove TIF District for redevelopment purposes and to authorize the Mayor and City Clerk to execute the related agreements. 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 4 h day of April, 2007. Maria Petersen, City Clerk EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR 3935 CEDARVIEW DRIVE - KELLY PLOURDE PROPERTY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement for 3935 Cedarview Drive, the Kelly Plourde Property, in the Cedar Grove TIF District for redevelopment purposes and to authorize the Authority officers to execute the related agreements. 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 4a' day of April, 2007. Jon Hohenstein, Secretary/Deputy Executive Director /7 Agenda Information Memo Eagan Economic Development Authority Meeting April 4, 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. l3