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06/05/2007 - City Council Regular AGENDA I)t EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING June 5, 2007 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE 12 1 II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA 2 A. APPROVE MINUTES Jr B. PERSONNEL ITEMS 19 p. loo C. APPROVE CHECK REGISTERS P, l~ D. APPROVE Resolution allowing the City of Eagan to continue to participate in the Dakota Traffic Safety Program through 2008 Q• E. APPROVE Premise Permit for Knights of Columbus #7604 to conduct lawful gambling at Time Out Sports Bar, 2864 Highway 55 F. APPROVE Exempt Permit for Experimental Aircraft Association to hold a raffle on October 7, 2007 at the Eagan Community Center G. APPROVE On-sale Liquor License and Sunday license for Pure NRG LLC, dba Viva - A Local Eatery, 1629 Lena rr ff Court P Z7 H. RECEIVE Petition and Authorize preparation of agreement with Thomson for Project 950R (Opperman Drive & TH 149 - Intersection Improvements) P Z? I. APPROVE Supplemental Agreement No. 1 for Contract 06-01, TH 149 Reconstruction (on-site material testing trailer) P•ZJ. AFFIRM Wetland Exemption Decision - Northern Natural Gas Company, Northern Lights Expansion Project (7.31K. APPROVE extension of recording Final Plat for Manley Commercial Addition P.34t L. APPROVE extension of recording Final Subdivision for Red Pine Crossing 17,1 41 APPROVE Final Plat for Atlas Addition located at 2811 Highway 55 in the SE'/4 of Section 02 P. y[f N. APPROVE extension of Preliminary Subdivision - The Heritage of Highview P• (1(p O. AUTHORIZE the Preparation of an Amendment of the Sign Code Regarding the Placement of Campaign Signs 4& P. RESCHEDULE August 7, 2007 City Council meeting to August 9, 2007 Q. 4O( Q. ADOPT Resolution approving amendment of Reciprocal Driveway and Parking Easement and Agreement for Shared Access Driveway - Lots 1 and 4, Block 1, Rahncliff 4`h Addition R. APPROVE Work Order #1 to Contract 06-01, TH 149 Reconstruction (Water Valves) V. PUBLIC HEARINGS 59 A. EASEMENT / RIGHT-OF-WAY VACATION, Lone Oak Business Campus / Delaware Estates 02B. EASEMENT VACATION, Lot 6, Block I Brittany 2nd Addition C. VARIANCE - Mike Supina - A Variance of approximately 6.5 feet to the side yard setback for principal structure addition located at 1656 Sherwood Way on Lot 6, Block 1, Brittany 2"d Addition in the SW '/4 of Section 33 65D. VARIANCE - DART (Atlas Addition) - A Variance from the Design Standard Ordinance for a 200,000 square foot warehouse facility located at 2811 Highway 55 in the SE '/4 of Section 02 ( C)3 E. THOMSON EXPANSION PROJECT - Resolution to designate the proposed development district and adoption of a Development Program for the Thomson West Expansion Project and the proposed adoption of a Tax Increment Financing Plan to establish a related Tax Increment Financing District - (WITHDRAWN) F. THOMSON EXPANSION PROJECT - Resolution to authorize submission of an application to the Minnesota Department of Employment and Economic Development for a Minnesota Investment Fund Loan for the Thomson Expansion - (WITHDRAWN) VI. OLD BUSINESS P, 01 A. APPROVE an Amendment to the Winter Trail Maintenance Program VII. NEW BUSINESS [,C) A. PLANNED DEVELOPMENT AMENDMENT - Blue Ridge Seventh Addition - A Planned Development Amendment to allow an adult daycare located at 2965 Lone Oak Drive on Lot 2, Block 1, Blue Ridge Sixth Addition in the SW '/4 of Section 01 B. CONDITIONAL USE PERMIT and VARIANCE- Trail Autobody and Marine - A Conditional Use Permit to allow outdoor storage of boats, vans, and a cargo trailer and a Variance of a 40-foot rear yard, 15-foot north side yard and 10- foot south side yard setback, for outdoor storage located at 4880 Biscayne Road on Lot 2, Block 1, Halley's 1" Addition in the SE 114 of Section 36. VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE j (~b X. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business E. New Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Schedule Hearing for Acquisition of Properties by Eminent Domain F. Other Business 15q G. Recess to Executive Session to discuss the possible acquisition of the Budget Host Motel property at 2745 Hwy 55 and the Hart Property at 3850 Cedar Grove Parkway and Requests for Extensions of Occupancy for Grand Slam and Life Span at the Cedarvale Mall. XI. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. My of Eap ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 1, 2007 SUBJECT: AGENDA INFORMATION FOR JUNE 5, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the June 5, 2007 City Council agenda, the following items are in order for consideration. I r Agenda Information Memo June 5, 2007 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the May 15, 2007 regular City Council meeting and minutes of the May 8, 2007 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the May 15, 2007 regular City Council meeting are enclosed on pages 3 through I (D • Minutes of the May 8, 2007 Special City Council meeting are enclosed on pages through _Lq_. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 15, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. Kurt Hoffman requested review of the no parking restrictions currently on Scott Trail. Council directed the issued be reviewed by the Public Works Committee. A regular meeting of the Eagan City Council was held on May 15, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom Colbert; City Attorney Bob Bauer, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted a construction update would be given under Recognitions and Presentations and Item D under New Business regarding a proposed Open Space Preservation Fund will be continued to a work session on June 12, 2007. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS City Administrator Hedges provided an update regarding construction on Highway 149. Kim Hazel was recognized for her 20 years of service with the City. Mayor Maguire discussed the proclamation naming June as Eagan Lakes Appreciation Month. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the consent agenda as presented. Aye: 5 Nay:0 A. Minutes. It was recommended to approve the minutes of the May 1, 2007 regular City Council as presented. B. Personnel Items. 1. It was recommended to accept the letter of retirement from Kim Hazel, part-time building maintenance worker, and acknowledge Kim for 20 years of service to the City of Eagan. 2. It was recommended to approve the hiring of a person to be named as overnight custodian at the Community Center. 3. It was recommended to approve the hiring of a person to be named as overnight custodian at the Campus Facilities. 4. It was recommended to acknowledge that Jordan Hirman was hired as Manager-on-Duty at the Campus Facilities (approval given 4-17-07). 5. It was recommended to approve the transfer of Cara Lardy from seasonal Recreation Program Assistant to Permanent Part-time Manager on Duty/Seniors. 6. It was recommended to approve the hiring of Christine Maiden, Greg Bostrom, Andrew Johnson, Emily Thorkildson, Kaitlin Giles, Kristin Giles and Brenna O-Gorman as part-time seasonal recreation leaders. 7. It was recommended to approve the hiring of Brittany Patrias, Lauren Hoffman, Mark Burkhardt, Matt Mason, Brad Walker, Michelle Finlon, Elizabeth Anderson and Laura Farlee as part-time seasonal recreation assistants. 8. It was recommended to approve the hiring of Megan Wollan, Judity Forde, Jackie Carlson, Amber Geske, Pamela Clarke-Garcia and Barb Mason as part-time seasonal preschool teachers. 9. It was recommended to approve the hiring of Joan Rodgers as a part-time seasonal preschool teacher's assistant. 3 Eagan City Council Meeting Minutes May 15, 2007 400 Page 2 C. Check Re isg tern. It was recommended to ratify the check registers dated May 3, 2007 and May 10, 2007 as presented. D. WMO Member. It was recommended to appoint Jason Akey to a one year term on the Gun Club Lake Watershed Management Organization. E. Financial Report. It was recommended to direct the 2006 Annual Financial Report and Audit Findings to the City Council's Finance Committee for a preliminary review. F. 2007 Part II CIP. It was recommended to amend the 2007 Part II CIP. G. CDBG. It was recommended to authorize continued participation in the Dakota County CDA coordination of the City's Community Development Block Grant funding for the next three year period (2008-2010). H. Final Subdivision. It was recommended to approve a 90-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. I. Final Subdivision. It was recommended to approve a 30-day extension of the Final Subdivision approval for Terra Glenn Lofts, to combine two existing lots into one property legally described as Lot 1, Block I, Terra Glenn Lofts, in the NW of Section 16. J. Contract 07-03. It was recommended to award Contract 07-03 (2007 Street Sealcoat) to Pearson Brothers for the base bid in the amount of $414,423.90 (no Polymer and excluding Cul-de-sac circles), and authorize the Mayor and City Clerk to execute all related documents. K. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement within Lot 2, Block 1 Unisys Park Addition, and schedule a public hearing to be held on June 19, 2007. L. Easement Vacation. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement within Lot 1, Block 1 Safari at Eagan 3`d Addition, and schedule a public hearing to be held on June 19, 2007. M. Project 951. It was recommended to receive the draft feasibility report for Project 951 (South Dodd Road - Lift Station Improvements) and schedule a public hearing to be held on June 19, 2007. N. Project 05-E. It was recommended to acknowledge the completion of imporvemetns for City Project No. 05-E (Sweet Place) under terms of the Development Agreement and authorize perpetual City maintenance subject to warranty provisions. 0. Lakes Appreciation Month. It was recommended to proclaim June 2007 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. P. Joint Powers Awa'eement. It was recommended to approve a Joint Powers Agreement (JPA) with Dakota County to provide maintenance services on City owned and operated traffic signals. Q. Northwood Parkway No Parking. It was recommended to approve a resolution to prohibit parking on Northwood Parkway between Pilot Knob Road and Denmark Avenue and authorize the Mayor and City Clerk to execute all related documents. R. Resignation. It was recommended to accept the resignation of Bill Raker from the Burnsville Eagan Telecommunications Commission. S. Final Plat and Final Planned Development. It was recommended to approve a Final Plat (Lot 1, Block 1, West Publishing Company 7`n Addition) that combines two platted parcels into one lot located at 610 Opperman Drive in the NW of Section 13. T. Charter Commission Expenses. It was recommended to affirm the opinion of the City Attorney pertaining to the reimbursement of Eagan Charter Commission expenses. U. Lease Amendment. It was recommended to approve an amendment to the existing lease agreement with Verizon Wireless and authorize the Mayor and City Clerk to execute all related documents. V. Final Subdivision. It was recommended to approve a Final Subdivision (Oak Hills Church 2"d Addition) located south of Yankee Doodle Road and east of Coachman Road in the NW of Section 16. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no items under Old Business. Eagan City Council Meeting Minutes May 15, 2007 ,Q Page 3 l J' NEW BUSINESS PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMITS DIFFLEY PLAZA 2ND ADDITION - THE NATIONAL BANK City Administrator Hedges introduced this item regarding the preliminary subdivision of 2.56 acres to create 3 lots for a commercial development, and three conditional use permits to allow shared parking for property, allow a drive through for the proposed bank, and to allow a drive through for the proposed coffee shop, all on property located at 4249 Johnny Cake Ridge Road. City Planner Ridley gave a staff report. George Fantauzza, Architect for the project, discussed the proposed building and stated they do not have a tenant for a coffee shop and would not object to the conditional use permit for the drive through for the coffee being continued should there be concerns that need to be addressed. He also discussed the landscaping plan in conjunction with the utility easement and asked for some leeway with the screening from the 2003 approved berm landscaping plan, allowing for the use of existing trees. Two residents expressed their concerns in regard to the proposed drive through for the coffee shop. They also requested that the developer be allowed to install landscaping in the easement to provide for optimal buffering. Public Works Director Colbert discussed the drainage and utility easement, stating he sees no future use of the easement and would not object to plantings being installed in the easement. He also noted that the applicant could petition to have the easement vacated. City Attorney Bauer stated an Easement Encroachment Agreement could also be prepared and recorded against the property. After discussion, Council agreed that they were not comfortable approving the conditional use permit for the coffee shop drive through until an actual tenant is secured. Mr. Fantauzza withdrew the application for a conditional use permit to allow a drive through for the proposed coffee shop. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision of 2.56 acres to create 3 lots for a commercial development for property located at 4249 Johnny Cake Ridge Road legally described as Lot 3, Block 1, Diffley Plaza, NW '/4 of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by council on February 2, 1993: A 1, B 1, C 1, 2, 4, D 1 and E 1. 2. The property shall be platted. 3. The applicant shall revise the site plan to provide the correct building setbacks. 4. The applicant shall revise the elevations to provide the overall height of the buildings. 5. The building materials for the buildings on Lots 1, 2 and 3 must meet City Code requirements. 6. The rooftop mechanical equipment must meet screening requirements per City Code. 7. Trash enclosures shall comply with City ordinance requirements. 8. The applicant shall revise the lighting specifications to provide a maximum pole height of 15 feet. 9. The applicant shall revise the Lighting Plan so that all the property lines are depicted. 10. the applicant shall provide a Landscape Plan that incorporates the approved April 2003 Berm landscaping Plan and properly screens parking lot areas per city ordinance requirements. 11. The Landscape Plan shall be revised to match the plant schedule with the plantings shown on the plan. 12. The Landscape Plan shall be revised to remove proposed plantings from within the drainage and utility easements. 13. Building signage shall comply with City sign ordinance requirements. 14. All building signage shall be uniform in design, font, size and color. 15. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or f 1' Eagan City Council Meeting Minutes ( ) May 15, 2007 A Page 4 approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 16. all personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 17. The applicant shall provide evidence of cross easements for circulation, in a form acceptable to the City Attorney. 18. The applicant shall provide evidence that the lot to be subdivided is permitted to take access to the private street, in a form acceptable to the City Attorney. 19. This development shall be responsible for a cash parks dedication and cash trails dedication when development occurs. 20. The developer shall enter into an encroachment agreement, in a form acceptable to the city attorney, to permit landscaping and trees within the city's drainage and utility easement. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow shared parking for property located at 4249 Johnny Cake Ridge Road legally described as Lots 2 and 3, Block 1, Diffley Plaza 2nd Addition, NW 'A of Section 28, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall provide evidence of a reciprocal parking agreement, in a form acceptable to the City Attorney. 3. Reserving parking stalls for individual tenants shall be prohibited. Councilmember Fields moved, Councilmember. Bakken seconded a motion to approve a Conditional Use Permit to allow a drive through for the proposed bank for property located at 4249 Johnny Cake Ridge Road legally described as Lot 2, Block 1, Diflley Plaza 2nd Addition, NW 'A of Section 28, subject to. the following conditions: Aye: 5 Nay: 0 I . This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. - 2. Hours of operations shall be confined to the period between 7:00 a.m. and 1:00 a.m. as required by City Code. 3. Lighting shall have no direct source visible from the public right-of-way or adjacent land. 4. The applicant shall provide evidence of the three internal access easements that benefit the property, in a form acceptable to the City Attorney. PRELIMINARY SUBDIVISION (BOULDER LAKES BUSINESS PARK) INTERSTATE PARTNERS City Administrator Hedges introduced this item regarding a preliminary subdivision to create four lots and two outlots on approximately 85 acres located north of Lone Oak Road. City Planner Ridley gave a staff report. Greg Miller, Interstate Partners, discussed the proposed subdivision and business park. He questioned the condition requiring additional measures to mitigate any increase in phosphorus loading to downstream waterbodies and the increase in park dedication fees. Six area property owners expressed their concern regarding the lack of notice, impact of the project on their properties, extension of the watermain, road improvements, assessments, impact on wetlands, and loss of trees. City Administrator Hedges and City Planner Ridley explained the notice procedure via the mailed Public Hearing Notice. Ridley further explained that the development will be buffered from the south but cautioned that it would be visible from Lone Oak Road and properties to the south. Public Works Director Colbert explained the trunk watermain extension process and that assessments would be based on connection; he also explained the process for the future county road (Lone Oak) expansion. Parks and Recreation Director Johnson explained the need, process and rationale for the modification to the park dedication calculation formula. LO Eagan City Council Meeting Minutes May 15, 2007 LD n~ Page 5 After discussion of the proposed park dedication fees, Council concurred that the Finance Committee should review the new formula for calculating the fees and a discussion be held at a future work session. It was also agreed that a condition of approval for the subdivision would be added noting that staff will work with the developer in regard to the park dedication fees after the Council has made a decision. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a preliminary subdivision to create four lots and two outlots upon approximately 85 acres located north of Lone Oak road in the SE 1/4 of Section 1, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A 1, B1, B2, B3, B4, C1, C2, C3, C4, D1 and E1. 2. The property shall be platted. 3. The final landscape plan shall incorporate shrub and/or perennial plantings into the perimeter landscaping to provide 75% screening of the parking areas to a height of 3' to 4' as required by the City's landscape ordinance. 4. The final landscape plan shall also incorporate foundation plantings. 5. All erosion/sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 6. All personnel responsible for the installation of erosion/sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. Public improvement projects providing for pipe outlets for Ponds FP-8 and FP-9, in accordance with the Storm Water Management Plan, shall be approved by the City Council prior to final subdivision approval for this development. 8. The developer shall provide a temporary public easement over the temporary cul-de-sac at the north end of the proposed street in a form acceptable to the City Attorney. 9. This development shall accept the City's determination of responsibility and per acre costs of $4,000 per net developable acre for Northeast Eagan Area Wide Traffic Study mitigative traffic improvements. The financial obligation will be placed in an escrow account with the City to be used solely for financing the improvements. The applicant shall enter into an escrow agreement in a form acceptable to the City Attorney and provide the required deposit prior to final subdivision approval/release of the plat for recording. Any unused amount will be returned to the payers within 10 years of full development of the properties within the study area. 10. The vacation of underlying right-of-way and easements on the property should occur in conjunction with consideration of the final subdivision for this development. 11. The internal roadway / service drive system of the site plan should be modified to reflect possible restriction of access to Lone Oak Road per Dakota County requirements. The applicant shall provide proof of cross easements for ingress/egress in a form acceptable to the City Attorney. 12. The developer shall consider implementing the performance measures in proposed Policies 3.1 and 3.3 specified in the Water Quality/Wetlands section of this report. 13. The applicant has submitted a Tree Mitigation Plan that indicates the fulfillment of required tree mitigation in phases as follow: a. Sixty-six (66) Category B trees, 50% of the required tree mitigation, will occur on Parcel 1 (L2, 132), and Parcel 3 (L1, B1). b. The balance of total site required mitigation, sixty-five (65) Category B trees will occur during the development of Parcel 2 (L 1, 132), Parcel 4 (L2, B1), Parcel 5 (Outlot B), and Parcel 6 (Outlot A). 14. The applicant shall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 15. The applicant shall protect the preserved tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be f i Eagan City Council Meeting Minutes May 15, 2007 Page 6 installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 16. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 17. The developer shall dedicate conservation easements around the DNR waters as follows: a. A 50' buffer area around DNR #19-0054: (Shanahan Lake) b. A 50' buffer area around DNR #19-0256W (City Pond FP-9) 18. The most recent grading plan refers to Pond #3 being within the 15' no-grade area. The drainage pond shall be redesigned to avoid grading within the 15' no-grade zone. 19. Before the City will issue a grading permit, the developer shall provide the City a fully completed Minnesota Wetland Conservation Act (WCA) - Contractor Responsibility and Landowner Statement Form. 20. Prior to issuance of a grading permit, the developer shall provide the City a fully completed Minnesota Wetland Conservation Act (WCA - Declaration of Restrictions and Covenants for Site Specific Wetland Replacement Form. This form shall be notarized and shall be filed with the Dakota County Recorder, so that the obligations and restrictions on the use of the wetland become a permanent part of the land record. 21. Within a year after final construction and installation of the wetland replacement area, the developer shall submit to the City the first of five annual monitoring reports by no later than December 31 of that year. The developer shall submit to the City the four additional annual monitoring reports by no later than December 31 of those subsequent years. Monitoring of the wetland replacement area shall be in accordance with Minn. Rules Ch. 8420.0600 through 8420.0620. 22. Prior to release of financial obligations for projects with approved wetland replacement plans, the City must issue a Minnesota wetland Conservation Act (WCA) - Certificate of Compliance that certifies the City Water Resources Coordinator has performed a final site inspection and finds that monitoring of the replacement site has been completed as required, any problems identified have been adequately addressed and remedied, and the goal of the replacement plan has been achieved. 23. In accordance with policies of the City's current Water Quality Management Plan (Plan: 1990), the developer shall provide measures so as to mitigate any increase in phosphorus loading to downstream priority waterbodies (DNR #19-0054P and DNR #190256W). Such measures shall include but not be limited to reducing impervious area, providing infiltration, additional treatment basin construction, and treatment of stormwater discharge through other means. 24. The developer shall work with staff in regard to the park dedication fees. COMPREHENSIVE GUIDE PLAN AMENDMENT CITY OF EAGAN City Administrator Hedges introduced this item regarding Comprehensive Guide Plan Amendments to the Land Use and Parks and Recreation Sections of the 2000 Comprehensive Guide Plan. City Planner Ridley gave a staff report. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Comprehensive Guide Plan Amendments to the Lane Use and Parks and Recreation Sections of the 2000 Comprehensive Guide Plan. Aye: 5 Nay: 0 RESOLUTION CREATING A FUND TO BE DESIGNATED AS THE "OPEN SPACE PRESERVATION FUND" Mayor Maguire moved, Councilmember Tilley seconded a motion to defer discussion of a fund to be designated as the "Open Space Preservation Fund" to the June 12, 2007 work session. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates. The regular City Council meeting was recessed at 9:30 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:35 p.m. 8 Eagan City Council Meeting Minutes May 15, 2007 Page 7 DRAFT ADMINISTRATIVE AGENDA Correspondence to Governor Pawlenty. City Administrator Hedges discussed appointments to be made by Governor Pawlenty to the Metropolitan Airports Commission. The Eagan Airport Relations Commission is recommending that the City Council send correspondence requesting that the Governor appoint a commission who will be committed to maintaining a professional relationship with the City, which would include ongoing communication with the City on issues that could impact the community. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve correspondence to be sent to Governor Pawlenty regarding his upcoming appointments to the Metropolitan Airports Commission. Aye: 5 Nay: 0 Southern Twin Cities Association of Realtors Survey. City Administrator Hedges discussed a survey by the Airport Relations Commission to gauge the impact of airport noise on residents' decisions to buy or sell homes in Eagan. Burnsville Eagan Telecommunications Commission. City Administrator Hedges noted that the City has been contacted by the City of Burnsville regarding the current make up of the Burnsville-Eagan Telecommunications Commission. They are requesting that the City of Eagan designate two Councilmembers who would be willing to meet with two of the Burnsville Councilmembers to discuss the BETC, as well as any other business items impacting both communities. Councilmember Tilley and Mayor Maguire volunteered to meet with two Councilmembers from Burnsville to discuss the current make up of the BETC and any other items of business that are impacting both communities. Minnesota Investment Fund. Community Development Director Hohenstein discussed a requested assistance package of $4.5 million as part of the anticipated Thomson expansion. The City is being asked to act as a conduit for an initial $1 million in funding from the Minnesota Investment Fund. It was noted that the City would be required to be the applicant for these funds, hold a public hearing and adopt a resolution authorizing the City as applicant. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize preparation of Minnesota Investment Fund application for Thomson expansion and set a public hearing date of June 5, 2007. Aye: 5 Nay: 0 Cedar Grove Redevelopment District - Amendment of purchase agreement. Community Development Director Hohenstein discussed language that had not been included in the purchase agreement relative to the action being taken in lieu of eminent domain for the Kelly Plourde Property, 3935 Cedarview Drive. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the addition of the language noted in the Administrative Agenda to the purchase agreement for the Kelly Plourde property to indicate that the acquisition is in lieu of eminent domain. Aye: 5 Nay: 0 9 f T Eagan City Council Meeting Minutes May 15, 2007 Page 8 VISITORS TO BE HEARD y f There were no visitors who wished to be heard. Councihnember Fields moved, Councilmember Carlson seconded a motion to adjourn the meeting at 9:45 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. JO MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MAY 8, 2007 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Carlson, Fields and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, City Planner Ridley, Public Works Director Colbert, City Engineer Matthys, Transportation Engineer Plath, Superintendent of Utilities Schwanz, Water Resources Coordinator Macbeth, Director of Community Development Hohenstein and Superintendent of Streets Struve. 1. ROLL CALL AND AGENDA ADOPTION Councilmember Fields moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye: 5, Nay: 0 II. COMPREHENSIVE LAND USE PLAN - STATUS/UPDATE A. Transportation Plan: City Administrator Hedges introduced the item and noted that the Metropolitan Council requires that all cities update their Comprehensive land Use Plans by October 2008. Public Works Director Colbert introduced City Engineer Matthys who provided a summary of the updates that have been done to the City's transportation elements of the Land Use Plan, which included the areas of the roadway plan, transit plan, aviation plan, and trail plan. The City Council discussed the various components of the transportation section of the Comprehensive Guide Plan. It was suggested by the Council that a traffic calming plan and a section regarding how pedestrians can use streets safely be included in the update. The City Council discussed transportation impact fees and ADA requirements with regard to the City's trails. City Engineer Matthys noted that the timeline for completion of the draft transportation update is December 2007 and follow-up check-ins with the City Council will continue through 2008. B. Water Quality and Wetland Management Plan (and Wetland Ordinance): City Administrator Hedges introduced the item noting that the City's first Water Quality Management Plan (WQMP) was adopted in 1990. Hedges added that in an effort to update the plan, the City Council established a 13-member Water Quality Task Force in 2005 to guide development of a new updated Water Quality and Wetland Management Plan. I I 1 1' Special City Council Minutes May 8, 2007 Page 2 Water Resources Coordinator Macbeth provided a presentation to the City Council on the framework for the proposed Water Quality and Wetland Management Plan portion of the Comprehensive Land Use Plan. The City Council discussed the proposed plan, the condition of water bodies in Eagan, and the requirements of the City from the Clean Water Legacy Act. Water Resources Coordinator Macbeth noted that the Water Quality and Wetland Management Plan will be included on the June 5, 2007 Council meeting for formal consideration. C. Sanitary Sewer, Storm Drainage and Water Supply Plans: City Administrator Hedges introduced the item noting the purpose of the sanitary sewer, storm sewer and water supply and distribution sections of the Comprehensive Guide Plan. City Engineer Matthys provided a status update on the updated sections. The City Council thanked the Public Works Department for their updates on the various components of the Comprehensive Plan. III. CONSIDER WINTER TRAIL MAINTENANCE REQUESTS City Administrator Hedges introduced the item noting that in 1998, the City Council adopted a Winter Trail Maintenance Plan that allows the Council to annually review and reconsider the extent of the trail system that is maintained during the winter months. Public Works Director Colbert introduced Superintendent of Streets Struve, who presented the 2007 winter trail maintenance requests. The City Council discussed the first citizen petition, which requested winter maintenance of the trail segment located on the west side of Coachman Road, from Four Oaks Road to Yankee Doodle Road. There was Council consensus not to plow the trail on both sides of the street; rather, only one side would be cleared. The Council directed staff to contact the school district to learn more about the bus stops in the neighborhood. The Council noted that they would make a decision on the segment upon receiving feedback from the school district. The City Council discussed the second citizen petition which requested winter maintenance to the north side of Yankee Doodle Road between State Highway 149 and the Inver Grove Heights corporate limits. It was noted that residents in the Burr Oak Hills and Orchard Heights neighborhoods would like to use this path for recreational purposes. The City Council discussed the request and there was consensus to add this segment to the winter trail maintenance program. Superintendent of Streets Struve noted that staff is asking Council to consider adding the pathway segment on the south side of Yankee Doodle Road between Elrene and State Highway 12- Special City Council Minutes May 8, 2007 Page 3 149 to the winter trail maintenance program. The City Council discussed the request and voiced their consensus to add this segment to the winter trail maintenance program. The City Council discussed a citizen request to add the pathway on the east and south side of Burgundy Drive, between State Highway 13 and Robin Lane. Mr. Struve noted that the homeowner's association manager requested the winter maintenance for recreational purposes, on behalf of residents in the Vermillion Carriage Association. Struve added that residents expressed safety concerns related to the curve and hill in the roadway. Upon City Council discussion, there was Council consensus not to add this segment to the winter trail maintenance program. It was suggested that the homeowner's association be put in touch with the City contractor to address the safety concerns voiced. The City Council discussed a request from a representative of Blue Cross Blue Shield to consider adding a pathway on the north side of Blackhawk Road and the south side of Yankee Doodle Road between State Highway 13 and Blue Cross Road. The City Council discussed the request and due to lack of connectivity or continuity, there was Council consensus not to add this segment to the program. The City Council discussed the request from an employee of the Northwest Airlines facility requesting the addition of the pathway on the east and north side of their private access road bordering the Community Center/Central Park. The City Council discussed the request and noted that the request did not meet petition criteria and, therefore, it was the consensus of the City Council not to add this segment to the winter trail maintenance program. The City Council reaffirmed their policy of not placing individual requests for maintenance on the agenda; rather, the request must include 50 plus signatures on a petition. The City Council recessed at 6:50 p.m. The City Council reconvened at 6:58 p.m. IV. PUBLIC WORKS DEPARTMENT 5-YEAR CAPITAL IMPROVEMENT PROGRAM (PART III - INFRASTRUCTURE) City Administrator Hedges introduced the item noting that every year the City Council adopts a Capital Improvements Program (CIP) for the community that becomes the planning guide for initiating and programming various capital improvements. Hedges noted that the purpose of tonight is for the City Council to affirm or revise the draft 5-year CIP with regard to public works infrastructure and direct it to the June 5, 2007 Council meeting for formal consideration. Public Works Director Colbert summarized the projects included in the CIP and noted the funding deficits within the plan due in large part to a few, costly capital projects, including the proposed Northwood Parkway overpass at an estimated cost of $5 million. ~ r Special City Council Minutes May 8, 2007 Page 4 The City Council discussed public policy considerations within the CIP. The Council voiced their consensus that the maintenance of the City's street infrastructure should remain the highest priority for City resources. The Council also discussed the financial impact of the ring road projects, including the Northwood Parkway overpass estimate. It was noted that at this time the City does not have funding partners for the proposed overpass, and thus, the CIP as proposed would result in an overall funding deficit should all of the projects be completed. Upon further discussion, the Council directed staff to include the CIP on the June 5 City Council meeting for consideration, without the projects listed as Streets/Highways--Collectors and Arterials, in order that these projects can be reviewed separately. The Council voiced consensus with the balance of the CIP proposals. The Council directed the Finance Committee to review funding options for the seven collector and arterial road projects identified in the CIP, and bring back a recommendation to the Council as a whole. City Administrator Hedges noted the Finance Committee recommendation would tentatively be scheduled to be brought to the Council at the June 15 City Council meeting. V. OTHER BUSINESS City Administrator Hedges informed the Council of the recommendation made by the Public Works Committee regarding a resolution to establish an open space preservation fund. Hedges noted that this resolution was reviewed by the Committee on May 8 and would be included on the May 15, 2007 City Council agenda for formal consideration. VI. VISITORS TO BE HEARD There were no visitors to be heard. VII. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:55 p.m. Aye: 5, Nay: 0 1 Agenda Information Memo June 5, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Retirement/Office Supervisor/Community Development- ACTION TO BE CONSIDERED: To accept the letter of retirement from Jan Severson, Office Supervisor in Community Development, and acknowledge Jan for 24 years of service to the City of Eagan. Item 2. Support Services Manager-- ACTION TO BE CONSIDERED: To approve the hiring of Jeremy Klein as Support Services Manager in the Police Department. Item 3. Overnight Custodian/Community Center-- ACTION TO BE CONSIDERED: At the May 15, 2007 City Council meeting, approval was given to the hiring of a person to be named as overnight custodian at the Community Center. That person's name is Joshua Berndtson. This item is informational only. Item 4. Streets Maintenance Worker-- ACTION TO BE CONSIDERED: To approve the hiring of Jeffrey Brooker as a streets maintenance worker. Item 5. Finance Intern-- ACTION TO BE CONSIDERED: To approve the hiring of Zach Stegenga as a Finance Intern. Item 6. Seasonal Utilities Maintenance Workers-- ACTION TO BE CONSIDERED: To approve the hiring of Alec Graham, Matt Smith, Matt Selby and Michael Graves as seasonal utilities maintenance workers. f T Agenda Information Memo June 5, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 17, 2007, May 24, 2007 and May 31, 2007 as presented. ATTACHMENTS: • Check registers dated May 17, 2007, May 24, 2007 and May 31, 2007 are enclosed without page number. I/ Consent Agenda Information Memo June 5, 2007, Eagan City Council Meeting CONSENT AGENDA: D. Grant Resolution for Dakota Traffic Safety Grant ACTION TO BE CONSIDERED: Approval of a resolution allowing the City of Eagan to continue to participate in the Dakota Traffic Safety Program through 2008. FACTS: • The grant will allow for up to approximately $70,000 in reimbursed overtime for saturation patrols to detect impaired driving in Dakota County. • All law enforcement agencies in Dakota County have the opportunity for this reimbursement. • Throughout the year, police officers from each member agency join together to target an area in the county that has been identified as having the potential for increased incidents of DUI violations. In the first 4 months of 2007, nearly 100 additional alcohol related offenders were arrested in the county that would not have been intercepted without the grant. In addition, fatal crashes have dropped from 34 in 2006 to 20 deaths in 2007 over the same time period. ATTACHMENTS: Proposed Resolution I~ i CITY OF EAGAN A RESOLUTION AUTHORIZING THE CITY OF EAGAN TO ENTER INTO A GRANT AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP WHEREAS, the City of EAGAN desires to participate in the Dakota County Traffic Safety Group Grant Project. WHEREAS, the State of Minnesota requires a resolution of the City Council to participate. WHEREAS, the City has entered into previous grants to provide increased traffic enforcement and educational activities. WHEREAS, the City has partnered with other Dakota County law enforcement agencies to increase traffic safety in the community. WHEREAS, the City will partner with the 11 other government entities in Dakota County to increase traffic safety. WHEREAS, the City Council Members of the City of Eagan have duly considered this matter and believe that it is in the best interests of the City to enter into a grant agreement with the OTS through the DCTSG to provide enhanced traffic enforcement. NOW THEREFORE, BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. ADOPTED this Stn day of June, 2007 Mayor ATTEST: City Clerk Agenda Memo Regular City Council Meeting June 5, 2007 CONSENT AGENDA: E. Premise Permit for Knights of Columbus #7604 ACTION TO BE CONSIDERED: Adopt Resolution Approving Premise Permit for Knights of Columbus 47604 to Conduct Lawful Gambling at Time Out Sports Bar, 2864 Highway 55 FACTS: • The Knights of Columbus #7604 have applied for a Premise Permit with the Minnesota Gambling Control Board to conduct a pull-tab operation at Time Out Sports Bar, 2864 Highway 55. • The Burnsville Hockey Association previously conducted the pull-tab operation at the Time Out location. • The Knights of Columbus #7604 also conduct pull-tab operations at Starks Saloon and Coopers Restaurant. • The premise permit application is complete and staff is recommending approval. ATTACHMENT: • Attached as page 2D is a copy of the proposed resolution. • The application is available for review in the Administration Department. f l RESOLUTION CITY OF EAGAN GAMBLING CONTROL BOARD PREMISE PERMIT FOR KNIGHTS OF COLUMBUS #7604 ON TIMEOUT RESTAURANT AND SPORTS BAR PROPERTY WHEREAS, the Knights of Columbus #7604 has applied for a Gambling Control Board Premise Permit for the Timeout Restaurant and Sports Bar, 2864 Highway 55, and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Knights of Columbus #7604 application for a premise permit for the year 2007 at the Timeout Restaurant and Sports Bar, 2864 Highway 55. Motion by: CITY OF EAGAN CITY COUNCIL Seconded by: By: It's Mayor Those in Favor: All Those Against: None Attest: It's Clerk Date: June 5, 2007 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 of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5`h day of June 2007. Maria Petersen, City Clerk zo Agenda Memo Regular City Council Meeting June 5, 2007 CONSENT AGENDA: F. Application for Exempt Permit for Experimental Aircraft Association ACTION TO BE CONSIDERED: Adopt Resolution Approving Exempt Permit for Experimental Aircraft Association to conduct a raffle at the Eagan Community Center on October 7, 2007. FACTS: • The Experimental Aircraft Association has applied for an Exempt Permit with the Minnesota Gambling Control Board to conduct a raffle on October 7 at the Eagan Community Center. • This Association has held a raffle in Eagan for the past three years. • Staff has reviewed the application and deems it in order for approval ATTACHMENT: • Attached as page is a copy of the proposed resolution. • The application is available for review in the Administration Department. 21 f 1' RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING PERMIT EXPERIMENTAL AIRCRAFT ASSOCIATION WHEREAS, the Experimental Aircraft Association has applied for an Exemption from Lawful Gambling Permit; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exemption from Lawful Gambling Permit for the Experimental Aircraft Association to conduct a raffle on October 7, 2007 at the Eagan Community Center located at 1501 Central Parkway in Eagan. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: All Those Against: None Date: June 5, 2007 CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of June, 2007 Maria Petersen, City Clerk Agenda Information Memo June 5, 2007, Eagan City Council Meeting G. APPROVE ON-SALE LIQUOR LICENSE AND SUNDAY LICENSE FOR PURE NRG LLC, DBA VIVA - A LOCAL EATERY, 1629 LENA COURT ACTION TO BE CONSIDERED: To approve the on-sale liquor license and Sunday license for Pure NRG LLC, dba Viva - A Local Eatery, 1629 Lena Court. FACTS: ➢ The new owner of Viva - A Local Eatery, (formerly known as Viva Italia), Nick Garding, has applied for an on-sale liquor and Sunday license with the City of Eagan. ➢ The required documents have been submitted, reviewed and deemed in order by City staff. ➢ The Police Department has conducted an investigation on the owner and does not find any reason to deny the applicant the on-sale liquor and Sunday license. ATTACHMENTS (0): f 1' Agenda Information Memo June 5, 2007 Eagan City Council Meeting H. PROJECT 950X OPPERMAN DRIVE & TH 149 INTERSECTION RECONFIGURATION ACTION TO BE CONSIDERED: Receive petition and authorize preparation of Agreement with Thomson for Project 950R (Opperman Drive & TH 149 - Intersection Reconfiguration). FACTS: • On November 29, 2006 City staff received a petition from Thomson Legal and Regulatory, owner of properties adjacent to Opperman Drive and TH 149, requesting the reconfiguration of the Opperman Drive and TH 149 intersection. • On December 4, the City Council authorized the preparation of a feasibility report by Bonestroo & Associates for Project 950 to consider reconfiguring this intersection of TH 149. • Thomson had requested that the City be the lead agency for the construction of the proposed improvements to incorporate the Project 950 improvements into the construction plans for Project 778 (TH 149 Reconstruction) and coordinate approvals with all the necessary agencies. • On March 20, 2007, the City Council canceled Project 950 in response to Thomson's withdrawal of their previous request for the associated improvements due to the announcement of a planned expansion involving the addition of 2,000 employees to their Eagan campus. The details of the requested improvements were uncertain due to the new development plans, as well as related legislation. • With funding incentives approved by the Minnesota Legislature regarding the Thomson expansion, the details of the requested improvements related to Project 950 have been finalized. The inclusion of the petitioned improvements as part of the construction of Contract 06-01 (TH 149 Reconstruction) within the 2007 construction season would be in everyone's best interest due to related coordination efforts and construction costs. • It would be appropriate for the City Council to authorize the preparation of an agreement with Thomson Legal and Regulatory that would provide for the inclusion of the requested improvements (Project 950) as a change order to Contract 06-01. The cost of the additional improvements (now referenced as Project 950R) would be financed entirely by Thomson. ATTACHMENTS: • Thomson Representative Letter, page 25,2 ( a 2-d Thomas J. Walrath TH O M 50 N Senior Director, Facility Management , Thomson 610 Opperman Drive Eagan, MN 55123 Tel 651-687-7490 Fax 651-687-5718 May 31, 2007 RECEIVED Russ Matthys, P.E. MAY 31 2007 City Engineer EAGAN City of Eagan ENGINEERING DEPARTMENT 3830 Pilot Knob Road Eagan, MN 55122 Re: T.H. 149 Reconstruction Project Proposed Improvements Dear Russ: We have enjoyed the long-standing relationship between Thomson and the City of Eagan and look forward to continue to work together in the future. We had many communications throughout the development stages of the T.H. 149 Reconstruction Project (the "Project"), and are pleased that the project has begun. As we previously discussed, there are certain improvements that are not currently within the scope of the Project which Thomson would like to see implemented as part of the Project and, we would request, should be given due consideration by the City at this time. Our letter to the City, dated December 2, 2005, outlined roadway improvements that we would like to see implemented. The proposed improvements in said letter included the following: 1. Southbound dual right turns on T.H. 149 at Opperman Drive 2. An additional westbound through lane on Opperman Drive 3. A right-in / right-out driveway for the Thomson facility located south of Opperman Drive In addition to these improvements, we would also like to see the following improvements included within the scope of the Project: 1. Relocation of above-ground utility lines to underground lines on the east side of T.H. 149 and the north side of Opperman Drive adjacent to the KSTP property owned by Thomson Because these improvements will require significant coordination and permitting efforts with Dakota County, MnDOT and the Canadian Pacific Railroad (Progressive Rail), we believe that it would be in everyone's best interest if the City were to act as the lead agency for the construction of the improvements as part of the Project. f T May 31, 2007 Page 2 of 2 Please consider this a formal request, or petition, for the addition of the improvements outlined above as part of the Project. Thomson is in possession of all of the Right-of-Way and other land interests that abut the requested improvements.. As such, no other parties should realize adverse impacts from the improvements. Thomson understands that the cost of these additional improvements would be assessed to it, unless funding is otherwise provided by MnDOT. We look forward to our continued partnership on the Project and the implementation of the additional requested improvements. We would like to meet at your earliest convenience to discuss the extent of the improvements and the next steps in the process. If you have any questions or need any additional information, please call me at 651-687-7490. incerely To Walrath Se for Director, Facility Management Thomson c: Thomas Hedges, City Administrator Thomas Colbert, City of Eagan Jon Durand, Thomson Z(4~9 Agenda Information Memo June 5, 2007 Eagan City Council Meeting 1. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Supplemental Agreement No. 1 for Contract 06-01, TH 149 Reconstruction. 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 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). The upgrading of TH 149 to a 4-lane divided roadway includes 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. • Supplemental Agreement No. 1 provides an on-site materials testing laboratory for use on the project. • The on-site materials testing laboratory will allow Mn/DOT personnel to complete construction materials testing on-site in lieu of sending the materials to the Mn/DOT Metro Materials Laboratory in Maplewood thereby reducing expenses and expediting test results (ADD $10,405.34). • The cost of the materials testing laboratory is consistent with bid prices received for relevant bid items on other projects within the metropolitan area. • This supplemental agreement has been reviewed by the Engineering Division and found to be in order for favorable Council action. 2_1 1 1' Agenda Information Memo June 5, 2007 Eagan City Council Meeting J. WETLANDS EXEMPTION - NORTHERN NATURAL GAS COMPANY, NORTHERN LIGHTS EXPANSION PROJECT ACTION TO BE CONSIDERED: Affirm wetland exemption decision of Water Resources Coordinator relating to gas utility interstate pipe construction and modification proj ect. FACTS: • Northern Natural Gas Company of Omaha, Nebraska has applied to various local government units (LGUs) for wetland permits to perform construction activities related to expansion of a natural gas line in Iowa and Minnesota. The portion of the gas line in Eagan runs northwest from the Eagan-Rosemount boundary near O'Brien Lake in Lebanon Hills Regional Park (LHRP) toward State Highway 77 (Cedar Avenue). • In Eagan, the project is in two main locations. In LHRP, three replacements of fittings and one replacement of pipeline are identified. At Pilot Knob Frontage Road, near St. Andrew Boulevard and Interlachen Drive, one replacement of pipeline is identified. • Minnesota Wetland Conservation Act Rules (MN Rules Ch. 8420) provide that LGUs are 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. • MN Rules Ch. 8420.0122 Subp 6. provides an exemption for alteration of wetlands associated with the operation, maintenance, or repair of an interstate pipeline within all existing or acquired interstate pipeline rights-of way. Upon review of the application by Northern Natural Gas Company, the Water Resources Coordinator has made a decision to grant such an exemption and has forwarded this decision to the Council for its formal affirmation. ATTACHMENTS: • Location maps, pages through 33 • Notice of Decision, pages through e) 1Q_ S ~sr „a -vs 1 4: "wk _ \ r 6 OF n 1 I I w 447 a > ~ t L 4? • [ _f i Jp e( t, ? .Jj # t ice, 9 i ")yy fr`r 1- Z + r4/1 ~J~~ i r , 977 °~1 e~ ~ ~ S er SF + ! N a:•}~ - I ,e If + y.. 1 c+:.G y o-r~ V , y S rte. ~ } ♦ 4~ r'. ~ e i 1` z If. t `gyp., Ce, \ {L 3 C Y lJ h~ ` . a _ Lu -ti; LU -9 t , s f•- + 4 - S i 1 s.,_AQ J 1 1 _ 3 la. - ca,. ~y- A i:.f i. 1 1 ~ i 1 J r r c ' .'r jGr { \ ..fir. T , J/ * J• M G + - - v ' ~ y' J _ fr.✓' t...~ ~ ~,t~~ ~ (rte ~r _ - kE~ 0; zti l J S I i, dti 1 i = Q~~} =J1 t _ C'lr Cri J-J~rlla Or~~'' ° k L Y G F 'fir ~ a~ - ♦ .'7 ",R./ k K e Zv11d1 akt Map Location USGS Topographic Map N rloc.s Rosemount, MN Y Uprate W E KI . - (IMMM Project Locations ENS R Existing Pipeline Project # 05021-003 uses 24K Quad Boundary May 31, 2006 Scale: 1:24,000 0 ,ooo 2,000 Feet Sheet 1 of 2 f 1' J9 1 \ - >rr-. i...L* .Y~! _ ter- _ d+a..,,~r - t ~"+~f1rN . 17 ' 8+'r ii O._ h H4' _ f s r v;C ~ rT ~-'^t+t ~ ` a'~+ftlr'7 zr i '!_7R „C,r ~ _ - _ r { • ~ v ~ ~ ~ ' i ' lam, L`,~ ~ r..., ~ , ~.Y +s t:... ~'SS'~ - .~}s ~ 6'it i~~ sr.-.,jr~ ♦ SF= ~ y-} 'L - „ti ♦ J ° I sY= Y - - `l~ F1tQ~j, .,41'1-- \ t - _ *s' i e~ j _ - Q 7f c 7 AIL -PY -3JGC ! G~• Off. ~ =4 f" ~'+.i#' ~ y",w 1~'. JL, L Vii. j 4 `r } k.. • JI•i-~:4: L1:.5c ' 11.x` a }a.. t I.W V. T 73-Z7 7 v - 4Z; 1~f{ _ Ei ;L '4v -e l rim ,x" r ~-.:,r-r ~Ct'lea rt7f' - ~ 3 1 ~ %.i---~--+`_/ `t-<: i ` rti^~..i i r i'_.r'c.-CS -,i7,✓ a t .t,+,~. 1 ` r:1 ut,a _f- ~4. 4 t-r t +.,~r s 42m -wt 77 11 t p t. J I ._c rsc r w _ -~-,},~.ya{~{~ ~ l 1 r h { `r ? r ~i S.~ lY f' `ti J! I ~ ` - t}~-{y ,{t"'Riti• YL~.. t • i~ r 4? t y,~ ` L i~ 1~ I ti>. i 4 r 61 Map Location N USGS Topographic Map w E 14OM"E TC Rosemount, MN Y Uprate S Project Locations tN-S R - Existing Pipeline Project # 05021-003 USGS 24K Quad Boundary May 31, 2006 Scale: 1:24,000 0 1,000 2,000 Feet Sheet 2 of 2 n 1 4. 4 A i I r_. n i } 7 f .111111 ~ ~ a ~I ~ ac'~ if 3 X4 ► E' 1 _ - A. MINNESOTA WETLAND CONSERVATION ACT NOTICE OF DECISION Name of Applicant: Northern Natural Gas Project Name: Northern Lights Exp. Project Application Number: 07053002 Type of Application (check one): ® Exemption Decision ❑ No Loss Decision ❑ Replacement Plan Decision ❑ Banking Plan Decision ❑ Wetland Type/Boundary Decision Date of Decision: May 30, 2007 Check One: ® Approved ❑ Approved with conditions (see note on page 2 regarding use of wetland banking credits) ❑ Denied Summary of Project/Decision (Exemption number MN Rule 8420.0122, Subp. 6A): Approval of exemption for work described per May 2007 wetland application. No proposed wetland impacts. You are hereby notified that the decision of the City of Eagan on the above-referenced application was made on the date stated above. A copy of the City's Findings and Conclusions is attached. Pursuant to Minn. R. 8420.0250 any appeal of the decision must be commenced by mailing a petition for appeal to the Minnesota Board of Water and Soil Resources within thirty (30) calendar days of the date of the mailing of this Notice. THIS LOCAL GOVERNMENT UNIT DECISION ONLYAPPLIES TO the Minnesota Wetland Conservation Act. Additional approvals or permits from local, state, and federal agencies may be required. Check with all appropriate authorities before commencing work in or near wetlands. a7*71AICA~ May 31, 2007 Signature Date Eric Macbeth, Water Resources Coordinator Name and Title Page 1 of 2 Northern Natural Gas Notice of Decision 2007 3 of. List of Addressees: Dennis Myers Northern Natural Gas Company, LLC 1111S 103`d Street Omaha, NE 68124-1000 Lori Hron ENSR 7755 Diehl Road, Suite 100 Warrenville, IL 60555 Les Lemm Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 Brian Watson Dakota County Soil and Water Conservation District 4100 220th Street West, Suite 102 Farmington, MN 55024 Gun Club Lake Watershed Management Organization 3830 Pilot Knob Road Eagan, MN 55122-1897 Wayne Barstad MN Department of Natural Resources Ecological Services Division 1200 Warner Road St. Paul, MN 55106-6793 Pat Lynch MN Department of Natural Resources Waters Division 1200 Warner Road St. Paul, MN 55106-6793 Doug Norris MN Department of Natural Resources Ecological Services Division 500 Lafayette Road, Box 25 St. Paul, MN 55155-4001 Brad Johnson Department of the Army, Corps of Engineers, St. Paul District ATTN: CO-R, 190 Fifth Street East St. Paul, MN 55101-1638 Eric Vevea Vevea & Company, Inc. Strategic Creative Marketing Communications 1496 Sherwood Way Eagan, MN 55122 Cc: City Planning Page 2 of 2 Northern Natural Gas Notice of Decision 2007 f i Minnesota Wetland Conservation • City 1 Eagan (LGU) Findings of Fact Date :May 30, 2007 LGU: City of Eagan County: Dakota LGU Contact: Eric Macbeth Project Name/#: Northern Lights Gas Pipe Expansion Phone 651.675.5300 Location of Project: (see attached 2 maps) 1. Type of determination requested (check those that apply): XX Exemption (WCA Exemption # 6) No-Loss Wetland Boundary and Type Replacement Plan 2. Description of Wetland(s) with proposed impact: non-discrete a. Wetland Type (Circular 39) (Cowardin) b. Wetland Size c. Size of Proposed Impact (acres and square feet) 3. Have sequencing requirements been met? Attach Sequencing Finding of Fact as supporting information. ® Yes ❑ No (if no, list why) 4. Is the project consistent with the intent of the comprehensive local water plan and/or the watershed district plan, the metropolitan surface water management plan and metropolitan groundwater management plan, and local comprehensive plan and zoning ordinance? ®Yes ❑ No (if no, list why) 5. How will the project affect the following wetland functions: Functions Impact No Impact Improve Floodwater Storage XX Nutrient Assimilation XX Sediment Entrapment XX Groundwater Recharge XX Low Flow Augmentation XX Aesthetics/Recreation XX Shoreland Anchoring XX Wildlife Habitat XX Fisheries Habitat XX Rare Plant/Animal Habitat XX Commercial Uses XX 6. For replacement plan or no-loss determinations, are wetland functions maintained at an equal or greater level? ❑ Yes ❑ No (if no, list why) N/A 7. Is approval of the activity proposed in item 1. recommended? ® Yes ❑ Yes, with Conditions ❑ No (if no, list why) If no, why? 8. SIGNATURE 5/30/07 LGU Representative (Date) Page 1 of 1 LGU Findings of Fact.doc (August 2005) Agenda Information Memo June 5, 2007, Eagan City Council Meeting K. EXTENSION FOR RECORDING FINAL PLAT - MANLEY COMMERCIAL ADDITION ACTION TO BE CONSIDERED: To approve a 90-day extension of time to record the final plat for Manley Commercial Addition, located on O'Neill Drive south of I-494 and west of Argenta Trail in the NE 1/4 of Section 1. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on August 15, 2006. Three extensions of time to record the plat have been granted, expiring June 12, 2007. ➢ Additional documentation required by the County delayed recording of the plat. Those issues have been resolved and the applicant is now in the process of obtaining the necessary signatures on the plat. ➢ This current 90-day extension would allow until September 11, 2007 for the plat to be recorded. ATTACHMENTS (1): Letter from applicant, pagd~C (3Y f 'i AIL LANDFORM MINNEAPOLIS PHOENIX May 31, 2007 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Final Plat - Manley Addition Dear Ms. Dudziak, While we've made every effort to stay on track with required city schedules regarding this plat, we may be close to the 90 days required for the final recording of the Manley Commercial Plat. This letter serves as a request for an extension on behalf of the current applicant, Laukka-Jarvis. Please find the enclosed check in the amount of $75.00. Also, please call me directly with any questions, 612.638.0263. Sincerely, DF Ien N in Sporer, Project Designer Bs/bs COPY: ENCL: check # `Landform Engineering Company doing business as Landform 8000 BUTLER SQUARE 100 NORTH 6TH STREET MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252.9077 www.landform.net Agenda Information Memo June 5, 2007, Eagan City Council Meeting L. EXTENSION FOR RECORDING FINAL PLAT - REVESTORS COMPANIES (RED PINE CROSSING) ACTION TO BE CONSIDERED: 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 Hwy. 3 in the SE '/a of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the final plat on October 17, 2006, and two extensions of time to record the final plat have been approved. The most recent extension expires June 14, 2007. ➢ The applicant has requested another 90-day extension of the final plat approval. The current requested 90-day extension would allow until September 13, 2007 for the plat to be recorded. ➢ The plat has not been recorded, pending receipt of the financial guarantee. The applicant has previously indicated they expect to begin construction within the next few months and after their loan closing, they will then provide the letter of credit required by the City prior to recording of the plat. ATTACHMENTS (1): Letter from Tim Anderson, Revestors Companies, page" 1 f May 30, 2007 Pam Dudziak City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Red Pine Crossing - Final Subdivision Dear Pam, With regard to Red Pine Crossing, we are requesting a 90-day extension for the final plat to be recorded at Dakota County. Enclosed is a check for the $75.00 extension fee. Please let me know if you have any questions. Best regards, Tim Anderson Cc: Quinn Hutson, CNH Architects 4D .r... . y_ .R:'d .7 . "r3C. r,. Ut. ,r.Jtat_„ w.:.. . Agenda Information Memo June 5, 2007 City Council M. FINAL PLAT (ATLAS ADDITION) - ATLAS OF MINNESOTA, INC. ACTION TO BE CONSIDERED: To approve a Final Plat (Atlas Addition) to create one lot on approximately 14.9 acres located at 2825 Highway 55 in the S % of Section 2. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The site contains three existing buildings but is primarily used for outdoor storage. . ➢ The owner has submitted a Building Permit to construct a 200,000 SF office/warehouse building on this parcel. ATTACHMENTS (2): Final Plat drawing on e 'I Aerial photo on page . f I I ~ I ~r W I I ~ ~I I J J ry ~ 8m 2 9 o C eM1 O =o o,~ _6.W Ys$ oz _z. _0 o of d .r •o ~ Lf) O O N CG LLJ / I I I > Op r6a 8F L---~--J Uj ZIP All, ad h p ar N / tippl 3 N w yeti ~ _ m ~ Q g~ .J~/ tea.. v; ' y S •i 110 ..fv cr I I I I I ~ I I ~ I I I 01 s a I ~f ~ of t =3 ~ - ~ ~~,..e~ 1. 5(/f P : ~ j ''11 (j) r ~•7y3 s.'.~y-+`~r t•r''I ~7F~ o~"3~F :;k~ f j Ytj < I ` ' ~ Yom, { J~° Las t` Agenda Information Memo June 5, 2007, Eagan City Council N. EXTENSION OF PRELIMINARY SUBDIVISION APPROVAL (HERITAGE OF HIGHVIEV) ACTION TO BE CONSIDERED: To approve a one-year extension of the Preliminary Subdivision approval for Heritage of Highview, consisting of four single-family lots on approximately 1.7 acres on properties located at 1416 &1420 Highview the SE %4 of Section 04. FACTS: • The City Council approved the Preliminary Subdivision on June 6, 2006. • The applicant is requesting a one-year extension of the Preliminary Subdivision approval. (Please see attached letter for explanation) ATTACHMENTS: Letter from Gloria Fritz on page May 17, 2007 City of Eagan - Planning Department Re: Heritage of Highview 1416 & 1420 Highview Avenue, Eagan, Minnesota 55121 To Whom It May Concern: It has come to my attention, that after trying the following listed ways to market this "approved - preliminary sub-division" I am unable to successful find a developer/contractor for the following reasons: - Attitude of developers is on a "hold" and not to take in anymore inventory on and/or not to carry anymore financial debt load - Due a "soft" real estate market sales have slowed down tremendously - Builders/developers are afraid to "extend themselves at this current time" - Abundance of houses "for sale" on the current market I would like to extend my "approved preliminary sub-division" for at least one year, and re-visit this development at that time, when conditions improve in our economy for developers/builders. . Thank you. Yours truly, G oria Frit Own Agenda Information Memo June 5, 2007 Eagan City Council Meeting 0. ORDINANCE AMENDMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to initiate an amendment to Chapter I I relative to signage in public rights- of-way and signage not requiring a Sign Permit. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ A number of issues were raised during the most recent campaign season relative to the City's regulations about placing campaign signs in the City rights-of-way. The issues primarily related to setbacks from streets and trails. ➢ On March 6, 2007, the Public Works Committee discussed ways of simplifying the code requirements both for campaigns and for staff enforcing the standards. ➢ The item was then brought to the full City Council at their workshop on April 10, 2007. The Council agreed that simplifying the regulations would be best for all parties and directed staff to bring the item forward for formal direction on initiating the amendment process. ➢ As an amendment to Chapter 11, this amendment will need to proceed through the Public Hearing process at the Advisory Planning Commission. ATTACHMENTS: (1) 4-10-07 Special Meeting Minutes on pageJ41 ! MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, APRIL 10, 2007 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER C. Campaign Signs in Right-Of-Way City Administrator Hedges introduced the item noting that, like other units of government, the City regulates the placement of campaign signs during election seasons. Hedges added that despite efforts to communicate standards in advance and provide prompt communications with candidates and campaigns, staff and the Council receive occasional complaints regarding the code or its enforcement with regard to campaign signs. Hedges summarized the amendments to the City sign code being proposed by the Public Works Committee. The City Council discussed the proposed changes. Councilmember Tilley moved, Councilmember Fields seconded a motion to authorize the preparation of amendments to the City sign code to: 1.) Add a definition of campaign signs to the City Code. 2.) To reduce the required set-back for campaign signs from 10 feet to 5 feet behind the curb on City streets where no trail is present. 3.) To reduce the required set-back for signs to at least one foot behind the trail on the side of the street furthest from the curb where a trail is present. Aye: 5, Nay: 0 f Agenda Memo Regular City Council Meeting June 5, 2007 CONSENT AGENDA: P. Reschedule August 7, 2007 Regular City Council meeting to August 9, 2007 ACTION TO BE CONSIDERED: Reschedule August 7, 2007 Regular City Council meeting to August 9, 2007 FACTS: • National Night Out is scheduled for August 7 which falls on the first regular City Council meeting in August. • In past years, when National Night Out falls on a regular meeting night, the Council has opted to change the date in order for the Mayor and Council members to visit the various neighborhood events throughout the City. • The suggested date for the first meeting in August is August 9. Agenda Information Memo June 5, 2007 City Council Q. AMENDMENT TO EASEMENT DOCUMENT - CITY OF EAGAN ACTION TO BE CONSIDERED: To Adopt a Resolution approving an amendment to a Reciprocal Driveway and Parking Easement Agreement for a Shared Access Driveway for properties located at 1940 and 1950 Rahncliff Court in the NW I/4 of Section 32. REQUIRED VOTES FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The amendment will more precisely describe the location of the access drive shared by Holiday Inn Express and Green Mill. ➢ There is no physical change to the site associated with this request. ATTACHMENTS (2): City Attorney Memo on Pia es 1 through . Aerial photo on page Jr / i SEVERSON,SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147"H STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL klemmm@seversonsheldon.com MEMORANDUM TO: Mike Ridley, Senior City Planner FROM: Michael D. Klemm, Assistant City Attorney/-4 Ply DATE: May 26, 2007 RE: Rahncliff 4th Addition Our File No. 206-4768 Mike, per our prior correspondence, the owners of Lots 1 and 2, Rahncliff 4`" Addition, have requested the City's consent to an Amendment of an existing easement to more precisely describe the location of an access driveway. We have reviewed the proposed Amendment and determined that it would have no impact on the City. Please put the enclosed proposed Resolution on the consent agenda for the June 5 Council meeting. Please feel free to call me at 952-953-8832 if you have any questions. cc (via e-mail): Mira Pepper, Deputy City Clerk Michael G. Dougherty, City Attorney i i CITY OF EAGAN RESOLUTION APPROVING AMENDMENT OF RECIPROCAL DRIVEWAY AND PARKING EASEMENT AND AGREEMENT FOR SHARED ACCESS DRIVEWAY WHEREAS, that certain Reciprocal Driveway and Parking Easement and Agreement for Shared Access Driveway dated August 29, 1995, filed September 26, 1995, in the Office of the Registrar of Titles of Dakota County, Minnesota, as Document Number 325785, (the "Easement") created an easement for an access driveway across portions of real property legally described as follows: Lots 1 and 2, Block 1, Rahncliff 4 h Addition, Dakota County, Minnesota, according to the recorded plat thereof (the "Property"); and WHEREAS, the owners of the Property have executed an Amendment of Reciprocal Driveway and Parking Easement and Agreement for Shared Access Driveway attached hereto as Exhibit 1 (the "Amendment") to more precisely describe the location of the access driveway, as depicted on Exhibit 2 attached hereto; and WHEREAS, pursuant to the Easement, the Amendment is not effective and may not be filed of record unless the City of Eagan consents to the Amendment; and WHEREAS, the owners of the Property have requested the City's consent to the Amendment; and WHEREAS, the Amendment is acceptable to the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, that the City consents to the Amendment of Reciprocal Driveway and Parking Easement and Agreement for Shared Access Driveway attached hereto as Exhibit 1. I i I I ADOPTED by the Council this 5 h day of June, 2007. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2007, by Mike Maguire and Maria Petersen, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (952) 432-3136 (MDK: 206-4768) 2 i J2- AMENDMENT OF RECIPROCAL DRIVEWAY AND PARKING EASEMENT AND AGREEMENT FOR SHARED ACCESS DRIVEWAY This Agreement is made this 06~ day of r. 20a by HIE, LLC, a Minnesota limited liability company ("HIE'), and GNP Eagan, LLC, a Minnesota limited liability company ("GMP"). This Agreement constitutes an amendment of that certain Reciprocal Driveway and Parking Easement and Agreement for Shared Access Driveway dated August 29, 1995, filed September 26, 1995 in the Office of the Registrar of Title of Dakota County, Minnesota as Document No. 325785 (the "Original Easement"), in accordance with paragraph 4 of thereof. RECITALS 1. HIE is currently the owner of Lot 1, Block 1, Rahncliff 4a' Addition, Dakota County, Minnesota (hereafter referred to as "Lot 1"). 2. GMP is currently the owner of Lot 2, Block 1, Rahnclif.F4"' Addition, Dakota County, Minnesota (hereafter referred to as "Lot 2"). 3. The parties desire to amend the Original Easement to more precisely describe the driveway that is the subject of the Original Easement. AGREEMENT The parties hereby agree to the following: 1. The legal description of the access driveway as set forth at the beginning of paragraph 1 of the Original Easement is hereby amended and restated to be as set forth in the attached Exhibit A. 2. All other terms and conditions of the Original Easement shall remain unchanged and shall continue to be in full force and effect. 3. . This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which to shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date hereof. HIE, LLC GMP EAGAN, LL By: omas R. Torgerson By: u L-4 Its: President Its : t 6c-*r EXHIBIT 977273v2 I i F2RHN P ROAD CLIFF ROAD pis ua CE or- a ^a ;t ; A! I I l l i[ 1 1 1 1 1 u l I I 1 1 1 1 1 1 1 I I _ I r I[} I _ix } _ i - I ~f`i•[ I f` III 1 1 1 1 ~ ~ m Kra - - - I ~n b +O N i ,I ; 'o fly t IF yp O v / 3 as / ~ / \ ~ 1 IN, . Y' \ \ I Ei44 i.. 91 A w IL b v T 11 51 1 rn S 'II I1 IjtI. m +ar. A•.... 1.. Q ~I 111111111111111111111 ~ ZO 1• Z e ae ; r _ L:u a 20 tym~s o Fn cgs ~ ;t"Efet#~ z , R 1~ F Q X 2005 DrJw 11ZA&L11A VD EagaPin oak Eagan, MN 55122 122 r. a Phone: (651) 405-5000 EXHIBIT i STATE OF MINNESOTA ) )SS COUNTY OF rl~~--) The foregoing was acknowledged before me thisSCM" day of %-t~_,4 , , 2007 , by Thomas R. Torgerson, the president of HIE, LLC, a limited liability company under the laws of Minnesota, on behalf of the limited liability company. SHERYL DIANE WALTON NOTARY pUSLiC • MINNESOTA • My COMMIS sir~ Expires Jan. 31,ignature of N tary STATE OF MINNESOTA ) 53 COUNTY OF N - I The foregoing was acknowledged before me this 9nj day of e- 20 ' by pU , yI in-j2Z,/bne,i , the Drcs.tL .,,I of GMP Eagan, LLC, a limited liability company under the laws of Nfinnesota, on behalf of the limited liability company. JAM~1 hM1AAAMM~r KAREN CLARE NOTARY PUB41C•DDJNNESOTA Signature of Notary yr r,~adnno~ Erpret Jan. fit, 2010 r This instrument was drafted by: JMS&K 320 ls` Street South P.O. Box 913 Willmar, MN 56201 320-235-2000 i r 977273v2 2 `55 f I. EXHIBIT A i LEGAL DESCRIPTION OF ACCESS DRIVEWAY That part of Lots 1 and 2, RAHNCLIFF 4TH ADDITION, Dakota County, Minnesota, described as follows: Beginning at a point on the north line of said Lot 2 distant 6.50 feet west of the northeast corner of said Lot 2; thence South 00 degrees 42 minutes 53 seconds East, parallel with the east line of said Lot 2, a distance of 197.08 feet; thence South 49 degrees 43 minutes 34 seconds East 205.66 feet; thence North 40 degrees 16 minutes 26 seconds East 30.00 feet; thence North 49 degrees 43 minutes 34 seconds West 191.99 feet; thence North 00 degrees 42 minutes 53 seconds West 183.41 feet to the north line of said Lot 1; thence westerly along said north line to the point of beginning. a Y 4- mirk ~ir x a ~ " VON r 7r I A r, r AIF ~ e - - k X401 G J rr i Al' Agenda Information Memo June 5, 2007 Eagan City Council Meeting R. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Work Order No. 1 for Contract 06-01, TH 149 Reconstruction. 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 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). The upgrading of TH 149 to a 4-lane divided roadway includes 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. • Work Order No. 1 provides for the installation of 2 new 16" gate valves on the existing trunk water main located within TH 149 near Opperman Dr. This will provide better redundancy for continuous water supply to all businesses in this area of town. The increased costs associated with this addition will be financed by the Utility Trunk Fund. (ADD $10,553.40) • This Work Order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo June 5, 2007 Eagan City Council Meeting PUBLIC HEARINGS A. BOULDER LAKES/ DELAWARE ESTATES RIGHT-OF-WAY/ EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing for the vacation of public drainage & utility easements and right-of-way within Delaware Estates (proposed "Boulder Lakes" development) continue for further consideration with the Boulder Lakes Business Park Final Subdivision. FACTS: • On March 20, 2007, City staff received a petition from Jim Deanovic, the owner of the proposed "Boulder Lakes Business Park" property, located north of Lone Oak Road (County Road 26) along the Inver Grove Heights border in northeast Eagan requesting the vacation of all public drainage & utility easements and right-of-way within this property, currently platted as Delaware Estates. , • Public easements and right-of-way were dedicated as part of the Delaware Estates plat in 1964 to cover public water bodies and proposed streets that were never constructed. • The purpose of the request is to allow development of the property as proposed with the Boulder Lakes Business Park development as an 85-acre multi-building and office/ warehouse business campus. • The petition is intended to coincide with the Boulder Lakes Business Park Final Subdivision approval dedicating replacement right-of-way and easements, not currently scheduled for Council consideration. The preliminary subdivision for the development was approved by the City Council on May 15, 2007. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received. ATTACHMENTS: • Location Map, page. • Easement Vacation Exhibit, page. ~9 1-494 Proposed Vacation Y Z Cr LONE OAK ROAD rRVNk Hlyy Ch AMo SS r~ Q z 0 c~ W z o X ~ J Q 3 C9 8 W Y 3 YANKEE DOODLE ROAD I ~ S I I 4 ESCOTT RO D I r'\n LKJ Delaware Estates & Outlot D, Cray Second Addition Proposed Easement Vacation 4/25/07 City of Eagan Location Map (000 1 1 NORTH `J ~Q Q O Q 015-75 Q Q 013-75 T~ W V 014-75 O ' L V~ OUTLOT D LONE OAK ROAD Delaware Estates & Outlot D, Cray Second Addition 4/25/07 Proposed Easement Vacation (01 City of Eagan i Agenda Information Memo June 15, 2007 Eagan City Council Meeting B. LOT 6, BLOCK 1 BRITTANY 2ND ADDITION RIGHT-OF-WAY/ EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage and utility easement within Lot 6, Block 1 Brittany 2°d Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On April 23, 2007, City staff received a petition from Michael Supina, property owner at 1656 Sherwood Way (Lot 6, Block 1 Brittany 2nd Addition), in southern Eagan requesting the vacation of a portion of a public drainage & utility easement within this property. • Standard 5-foot wide lot line public easements were dedicated on this lot as part of the Brittany 2nd Addition plat in 1980. • A portion of the garage (approximately 1 '/z feet x 19 feet) constructed with the house in 1982, was built within the lot line easement. • The purpose of the request is to remove this portion of the easement from the area of the existing structure. • The property owner has also applied for a variance to the 5-foot side yard setback for structures. The City Council is also scheduled to consider this variance on June 5, 2007. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. Notices were sent to all the potentially impacted private utility companies. No objections to the proposed vacation have been received. • The request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page . • Easement Vacation Exhibit, page ll/~ i Q SILVER BELL RD. Q Y U 3 m Q ~ w ~ LL Q LE U DIFFLEY ROAD D o 2 a I o m 0 z y o c 00. F. 32 CLIFF ROAD CLIFF ROAD a r ~~F ~ssr, W V SHERWOOD p z W Y e ~ o a 5 Proposed APPLE VALLEY Vacation 1656 Sherwood Way,. Brittany 2nd Addition Proposed Easement Vacation 4/25/07 Location Map City of Eagan ~3 NORTH SHER WOOD WAY N 5 ~ c`~ - ~ 5 3..5 3.50'_- 9.9 0i GARAGE EXIVING - 5.~ HOUSE , 100 40 # I ~ W AREA TO BE VACATED N ~ o i~ ~ i ~~-DRAINAGE AND UTILITY i E',4SEMEN T PER PLAT' _j 5 S89 °47'15 "W 96.42 Description of easement to be vacated: Commencing at the northwest corner of Lot 6, Block 1, Brittany Second Add., Dakota County, Minnesota, thence along the westerly line of said Lot 6 a distance of 21.0 feet, thence left 90 degrees a distance of 3.50 feet to the point of beginning of the area to be described, thence continuing along said line a distance of 1.50 feet, thence right 90 degrees a distance of 19.0 feet~~~~- - thence along a line bearing northwesterly to the point of beginning and there terminating. 1Yi 1656 Sherwood Way, Brittany 2nd Addition 4/25/07 Proposed Easement Vacation City of Eagan Agenda Information Memo June 5, 2007, Eagan City Council Meeting C. VARIANCE - MICHAEL SUPINA ACTIONS TO BE CONSIDERED: To approve a Variance to the required 10 foot side yard setback to construct a second floor addition over the garage at 1656 Sherwood Way in the SW'/4 of Section 33. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is located on Sherwood Way adjacent to Lebanon Hills Regional Park and contains a single-family home with an attached two-stall garage. The lots in this area received a variance of 10 feet from the front yard setback and the house is set back 22 feet from the front property line. ➢ The garage was built 3.5 feet from the side yard property line and is also within the drainage and utility easement. That portion of the easement must be vacated. ➢ The applicant proposes additional living space by adding a second story above the garage which would expand an existing non-conformity. ➢ The proposed new principal structure would be setback 3.5 feet from the property line; an encroachment of 6.5 feet into the required 10-foot setback. ➢ Lot coverage and other yard setback requirements are satisfied. ➢ The applicant's stated hardship is the topography of the rear yard. The applicant further states "it will fulfill one of the Council's recently identified goals for the city... to preserve and expand Eagan's tax base and economic vitality by encouraging maintenance and investment in residential neighborhoods." ➢ The requested Variance appears to be a minimal request to alleviate the stated hardship. ISSUES: ➢ The applicant must petition for vacation of the drainage and utility easement for the portion of the garage in the easement area irregardless of the action on the variance request. 60 DAY AGENCY ACTION DEADLINE: August 1, 2007 ATTACHMENTS (2): ~ yr, Planning Report on pages through Letters from neighbors on pages through W5 i PLANNING REPORT CITY OF EAGAN REPORT DATE: May 31, 2007 CASE: 33-VA-01-04-07 APPLICANT: Michael Supina HEARING DATE: June 5, 2007 PROPERTY OWNER: Same APPLICATION DATE: April 3, 2007 REQUEST: Variance PREPARED BY: Sarah Schield LOCATION: 1656 Sherwood Way COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance of 6.5 feet to the required 10 foot side yard setback to construct a second floor addition over the existing garage on Lot 6, Block 1, Brittany Second Addition, located at 1656 Sherwood Way in the SW '/4 of Section 33. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report - Supina Variance June 5, 2007 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11.60, Subd. 5 requires a 5 foot side yard setback for garages and a 10 foot side yard setback for principal structures on property zoned R-1. BACKGROUNDMISTORY The Brittany 2"d Addition development was platted in 1980 and this home was constructed in 1982. EXISTING CONDITIONS The existing 2,154 square foot single-family home has an attached two-stall garage. The lot is located on Sherwood Way and abuts Lebanon Hills Regional Park. The City approved a variance request in 1980 to allow lots 1 through 10, Block 1, Brittany 2"d Addition a 10 foot front yard variance due to extreme slopes in the rear yards of these lots. Therefore, the house is set back 22 feet from the front property line. The placement of the home and garage however resulted in a non-conformity as the garage is located, at its closest point, 3.5 feet from the side property line, on the west side. According to the applicant, the existing home is no longer large enough for the family and the topography of the lot does not allow for an addition to the rear. Therefore, a second floor addition over the garage is necessary. EVALUATION OF REQUEST Proposal - The applicant is proposing to remodel the existing home with both interior and exterior improvements. The applicant proposes a family room, bedroom, and furnace room above the garage to meet the needs of their growing family. The addition plan includes a new roof, three windows, garage door, and new projecting bay to match the width and roof shape of the existing bay. The existing masonite siding would be replaced with hardie lap siding on the north elevation and is also proposed on the west elevation. Cedar siding on the front fagade is proposed to match the existing siding. The cedar trim and stone veneer would also be removed and replaced on the front fagade. Setbacks/Lot Coverage - The existing garage is located 3.5 feet from the side yard and therefore encroaches 1.5 feet into the drainage and utility easement. The proposed addition, being a living space and a principal structure, would also be located 3.5 feet off the property line; an encroachment of 6.5 feet into the required 10-foot setback. I~ i Planning Report - Supina Variance June 5, 2007 Page 3 The addition, being a second floor, does not affect the building coverage on the lot. Minimum front and rear yard setback standards are also satisfied. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The subject site is approximately 11,674 sq. ft. in area. This is less than the minimum lot size requirement of 12,000 square feet. This lot also has received a previous variance due to the topography on the rear portion of the lot as was mentioned previously in the report. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. While previous consideration was given to the slope on the rear of the property, it does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. A single family dwelling with an attached two-stall garage is present on the site. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to encroach into the side yard setback requirement, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the minimum required side yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 750 square foot addition above the existing garage. The home configuration is such that the house was built too close to the side yard lot line. Allowing for a second floor addition, particularly of living space, would expand the existing non-conformity. A reasonable use, single family dwelling with attached garage, is present on the site, so the owner has the same use as others in this area and would have the same opportunity for use of the property without relief from the Zoning Ordinance. The requested Variance appears to be a minimal request to accommodate an expansion of living space, resulting in an updated architectural appearance of the home as well as a more usable space in the home. It appears that granting of the Variance may result in detrimental effects to the neighboring property to the west, as a two story building would only be 3.5 feet off the property line. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's stated hardship is the topography of the lot does not allow for a home addition into the rear yard. The applicant's narrative states that the family "loves the neighborhood, schools and friendships they have and they would prefer to remain in their existing home by adding on." Planning Report - Supina Variance June 5, 2007 Page 4 The applicant further states "And by increasing our property value, neighboring property values, and property tax revenue to the City, it will fulfill one of the Council's recently identified goals for the City- to preserve and expand Eagan's tax base and economic vitality by encouraging maintenance and investment in Eagan's residential and commercial neighborhoods." In addition, the applicant states "we are hoping that since Eagan is becoming a more mature City, the City Council will show some flexibility in order to encourage investment and upgrades to outdated homes and keep families like ours living in Eagan." SUMMARY/CONCLUSION In summary, the applicant is requesting a 6.5 foot Variance to the required 10 foot side yard setback to allow a second floor addition above the garage at 1656 Sherwood Way. A single- family home with a two-stall attached garage is present on the site. The applicant has stated that the hardship is the topography of the rear yard. The steep slope does not allow for an addition into the rear yard and therefore they must add a second story above the existing garage. The elevation plan indicates the proposed addition, along with other architectural elements, will result in a coherent and updated appearance of the home and more usable space. The garage is an existing non-conforming structure as it was built within a side yard setback and drainage and utility easement. That portion of the easement must be vacated. The addition would result in the expansion of the non-conformity. ACTION TO BE CONSIDERED To approve a Variance of 6.5 feet to the required 10 foot side yard setback for a second story addition over the garage at 1656 Sherwood Way, legally described as Lot 6, Block 1, Brittany 2°d Addition, in the SW'/4 of Section 33. If approved, the following conditions should apply. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The second floor addition shall not exceed the size shown on the proposed site plan dated April 3, 2007. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. i Eagan Boundary Location Ma ~Parrk Area p o Park Area _ Building Footprint 1 3 ft~~7 Ion -a •i p -T, + • ■ ° e so O ■ I s a • a t • ' p 1 o ! • • 1 Ron a 44 ® • w ~ ar t I it ~ • fe s E t 9 • a ~ ~ d' i ~ ~ s • ti • ` All Subject Site a • I t, ! r 1 U o ' all O O O' O 1000 0 1000 2000 Feel Pa- Development/Developer. 1656 Sherwood Way Application: Variance Case No.: 33-VA-01-04-07 Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided N My ~p1 q by Dakota County Office of GIS and is current as of April 2005. City of Eakan 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 S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan 1656 Sherwood Way Variance Land Use Map 33-VA-01-04-07 Zoning Map R-3 ® P 1 Current Zoning: P R-1 Residential Single Family Location $ P Q d P Goo 0 Goo 1200 F.et P Comprehensive Guide Plan V~® M Land Use Map t®®®® P LALA L P 1 Current Land Use Designation: LD Location Low Density D 6$ P J F P P Goo o coo tzoD F..e O Parcel base map Information provided by Dakota County Land Survey Department Decmbx 200S. N Zoning Information maintained by City Staff. City of EakaIl W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S I r~ - v o ' t 34WQ. a c..~ ,*.ti arm z r~ s 6 IA E y~ ;r r e3' 'Ad 00;12/2©03 33:2; ?523°4334. JOHN OLIVER '1 ASSDC PAGE 01/01 l Certificate of Survey for: Mike .Suplna ADDRESS: 1666 Sher-wood Way Job No.1549.20-101 DWG:LGBL.DWG Scale: 1"=30' Date: 8 8 03 O Denotes iron pipe eet. • Denotes iron pipe found. SHER WOOD WA Y R-508.00 047'15"E x=4`54'32" N89 3 2 41.79 3.5 VMS 39.a a 9.9 w GARAGE 341 E7n531NC 3.5 r` 5,3 23.2 MOUSE o 10 0 I s 6.7 N c I , cW I V `W N I 7-DRAINAGE AND UTILITY / EASEMENT PER PLAT 5 I 1 - - - - - to 589 °47'15"W 96.42 RECEIVED APIA 0 3 200 Lot 6, Block 1, BRITTANY 2ND ADDITION, Dakota County, Mn. I hereby certify that this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. A, I Y John Oliver & Associates, inc. JOHN LIVER & OCIATES, INC. a.~e Jhv ,rhw. L-d s....w„ Inc, tn„s Pr" n&w 680 Dedge Av"nue dlk /Nver. Ximnerotm (769)44/-2072 (PAY)441-6666 B`y: Gary . Harris, Land Surveyor zor Ir. rruve[are ~2 J Minnesota License No. 10943 SURVEY T4 sulfa 20o Date: 8/6/03 (8624-3046 (FAX)804-8049 I c~ T I Z I O I ~ I ~ I ¢ Y I CL c I o wN o I ( ' 1= 0 N J I O cn 2 I O )lye M3N cu 408 ! O O N N3b8 ZS 0 co O o c~ I ° _-O Z I w (1) CD J 0p~QO I LO ° W U) U v I a) C: O N NOVel3s LLJ JNUSIX3 I I U) CO O .0-•ZZ I c0 co cu I z I I ~ O L - I ~ I o I I I y SITE PLAN z 110 II ~ II ~zom X o x o 90Z6 1 ~o p 00 1 m O E I yo' ' I I Q L N NW O ro W ~ mQ0p0 1=(30 ~O' Oyam I I I I w :1' 60 y F c~ I I Q w ' zz I I Z V) X = O, ~a I I 00 En cc z w Vyp o x; o~_i;io p ow ~ s 3 I I t, lgz tr3 z ~1n zoi --Oa z z I I N rl~ I I CL II II Q J II II N ~a II II CV = II II C+"5 E- I I Z I z 21 ° II 110 Mel w ~x a I I I I Q t~ W i z I I I I LLB opo O II IIW mE6 IIJ LU I ° E z I W 1~W~U~ I I = m m cr >O 1 i i W 6 in O O 1- _ WW °o E- IIZ ZOm m' 3DEoo D306 Iwo Im m 1 I O CL M I h l mp0 rng I_ N0.1 viO 1 vi-Z r 00 QwN 7W Z p O O Wp O O OgO III 20- Z3 1=O~ HDm.- Hlo F-JW ~ _Q W 1 1 ° M 1 II W ~o I if J to I if W z Z z Z ~3 II - 0 II ODOMI ii 0 r~ I)E3 p 11 Z m m o3 I I WWW 11 $~om ® II I I II r I I Z V) 1 1 O 0'1, o z II I I pZOOO Q 11 i iW zy~g i i II fl-u J II I I W II I I - 1 I I Q o w (n K K O CD 7 two m~ Z gEo 1 wo r m 20 NX~~ rn~ aom y 1 0 rPR I vio CXO to p3 OWN Om N Oj O °O 1 0'm °rn SON ~v10~ ~t>~ N W ELEVATION I ~~s ..r r r I ~ r ~ - ~j.,. - i ` Ay 1. - ~ \ t~~-:... ~~i ~u 4r . a .rK , f~~ f T ~v', w` -w , ~t v 2 tP ~C") _ ~ i~.~ -G ~ "x~- o Y}~. f~` i . ~ r r ~Y. { ~ ^,y~~l h• ,':..;f. 1~ l ' - t. ~ • 1 x 1 K' ~1 ~ } 1, ' ~ t ~ ~ Y:~_ ~ 3~:. ~t ~ , C~j c+-1i Q 4 LLJ LLJ v tJ X' ~J r e 1 t :i i !1 'r i DISTINCTIVE CUSTOM HOMES 13816 Holyoke Lane Apple Valley, MN 55124 Phone (612) 432-6031 October 21, 1980.- Tom Hedges City of r.-.gan 3795 Pilot Knob Road Eagan, 14n. 55122 Dear Tom, Per our phone conversation, we are requesting a 20 foot front set back veraizs the standard 30 foot front set back for lots 1 throe- 10, Block 1, Brittany 2nd Addition. These lots border the Parkland overlcckirg Geha.rdt Lake. The reason for this 10 foot variance is due to the extreme slopes in the rear of these lots. Attached is a p-euhlet for your reference. Thank you for your cooperation in this matter. Sinc ~ , Carl R. Tollefson i Mike Supina Gina Buccellato 1656 Sherwood Way Eagan MN 55122 651-686-7006 Eagan City Council 2 April 2007 City Hall Eagan MN 55123 Re: Justification for setback variances for proposed addition to 1656 Sherwood Way (Lot 6, Block 1, Brittany 2nd Addition, PIN: 10-15001-060-01) Mr. Mayor and Councilmembers: My wife and I are planning to build a 750 sf addition above our existing garage that will remain within the existing footprint of our current house. In order to do this we need to request two variances that will allow us to build upon one pre-existing non-conforming condition and one pre-existing variance: 1. In Eagan, the typical side-yard setback for a garage is 5' from the property line. Our home was built too close to the west property line in 1982, of which we were unaware when we bought the home in 1993 and only discovered in 2003. The garage is approximately 3' from the west property line at the front (northwest) corner, and about 5' from the property line at the rear (southwest) corner. Since we intend to build our addition directly above the garage, we need a variance in order to build upon this non-conforming condition. 2. We have been told (but have no documentation) that all of the homes (including ours) south of Sherwood Way in the Brittany 2nd Addition (platted in 1980) were granted a 10' front yard setback variance so that they could be 20' from the front (north) property line instead of the typical 30'. This was granted because the backyards of these lots all drop steeply to the south which required the homes to be pushed further north (closer to Sherwood Way). Since we intend to build our addition directly above the garage, I was informed by staff that we need a new variance to allow us to build above the structure to which the original variance applied back in 1982. We understand that a hardship is required when requesting a variance. Our lot has several. First, the lot slopes steeply to the rear (south) leaving no other location to build this addition except above the garage. Secondly, our lot is slightly undersized, which is a non-conforming condition that dates from when the lot was platted in 1980 by the original developer, a plat that was approved by the City Council at that time. This condition also severely restricts where we can build an addition. Thirdly, our home was built too close to the west property line which, again, is a non-conforming condition that was evidently missed by everyone back in 1982 but now is our inherited problem. Our proposed addition will have no negative impact on any nearby property. The nearest RECEIVED APR 0 3 2007 house is to the west; the west side of our addition will have no windows and will face the back of their garage. On a more personal note, our family loves our neighborhood and schools, my wife and I and our three children have developed many friendships here, and we do not want to move. We have looked at other homes over the past several years - the only suitable homes we could find within our price range and within our preferred school boundaries are in other cities. The only way that we can remain in this home is by adding on. This plan represents the maximum that the site constraints and our budget will allow, and the minimum that will make this home suitable for our family. Our home currently has no basement, no family room, and no space for a home office, so the toys, games, and ongoing projects for three children and two adults permanently reside in the living room and on kitchen counters; the computer and file cabinets are in the dining room which requires us to eat every meal in a breakfast nook that is far too small for five people. This proposed addition - a family room, bedroom, and furnace room above the garage - will allow us to move the computer out of the dining room, move the toys out of the living room, and give everyone a lot more breathing room. And by increasing our property value, neighboring property values, and property tax revenue to the City, it will fulfill one of the Council's recently identified goals for the city - to "preserve and expand Eagan's tax base and economic vitality by encouraging maintenance and investment in Eagan's residential and commercial neighborhoods." We are hoping that since Eagan is becoming a more mature City, the City Council will show some flexibility in order to encourage investment and upgrades to outdated homes and keep families like ours living in Eagan. You should feel free to call or visit our home to examine these conditions if that will help you to better understand the need for these variances. Thank you for your consideration. Very Truly Yours, At-~-tcY Gina Mike Supina Bu cellato Encl. RECEIVED ApR rj 3 8~ 651-994-4925 IRY-25-2007 06:398 FROM:SUPERIOR FINANCIAL 651-994-4925 TO:6755694 P.1~1 RECEIVED MAY 2 5 2007 DATE: May 25, 2007 TO: Community Development Department FROM: Carolyn and Mike Oberfeld RE: Cash # 33-VA-01-04-07 Applicant: Mike Supina We strongly support our neighbor's request for a variance for principal structure addition. An improvement to their home is an improvement for our neighborhood. Carolyn and Mi rfeld 1672 Sherwood Way Eagan, MN 55122 651 456 2031 04/26/2007 10:02 FAX 651 456 2031 LOCKHEED MARTIN lib001 PUBLIC HEARING N. ► RECEIVED APR 212007 CITY OFEAGAN TO Property owners Within 350' of 1656 Sherwoocr Way APPLICANT: Mika St+pina REQUEST:. A Variance of approximately 5.5 It to the side yard setback for. principal : structure addition: : LOCATioNiLEGAL Lot Block 1. Brfttaay 2nd Add'fioii . DESCRIPTION; JTIME OF HEARING: 'CitY Council Meeting: May 1, 2007 at 5:30 pm PLACE OF HEAiVC:'. tarty Hall; Councif Charnbers; 383001lot Knob'ftoad HOW TO PARTICIPATE:-.. -1 You-May.:attendhear..gs'andaestiFy. :2..You may send,`a.letier-before the tieariiig to.the ' ?~.Gommun'rEy Uevetopmerit:~epaitrnenf: 3830 Pilot ltrrob Road: Eagan,. MN 55122 or fax to (651 f 6766-5694..: . ANY QUESTIONS: . Call the Planning Department af:(651) 675 5686 or SarahSchield, the Project Planner at 675-5696 with the following irifol7rlatlorf: DEVELOPMENT NAME: Sherwood Way.:: CASE 33=V6,01,4"7 : CET,Y OF, EAGAN ~iAariaPetersen•- City. Clerk. . Ttie city of Eagan is oornmitted to tt►e po}i<,y that an per-Rot>s7iaveep~al access ty:irs pti~gra~sis, services, actiudties. facilities and employment without regard tv race, color; creed; religion; nitlonal cidoin, sex, disability, age, sexual orlent;966 i, marital status or stains with regard to public assistance. Auxilipalds for:1,?era.:wit#r . : 7iti. <soo.. isabl' 'eswHt.taa.Pco' :;aduaxiee. n Q~lve .ofeast.9S:itaiits:.:If. a _ . notice of`less tttsari 96 rsis'receiVed. the Gty of vriH atteiript to pr~o~ride such aid. Y k1: 4e rwoP A0ve- ai ?lo ' 4 (7 4. end a 0 C( Mailing. Date:. See.M an .Reverse Side - f Mark J. and Dawn E. Prokop 1655 Sherwood Way Eagan, MN 55122 651-688-6340 April 23, 2007 Eagan Community Development Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Mike Supina, 1656 Sherwood Way, Eagan, MN Case # 33-VA-01-04-07 Dear Sir or Madam: We received a letter regarding a public hearing notice for a variance on the above-referenced property. We would like to let you know that we do not have a problem with granting a variance for Mike Supina to add an addition to his family's home. Brittany is a great neighborhood, and we value our neighbors who take pride in their property by keeping it well maintained and updating it to accommodate their growing family rather than moving into other developments. It not only keeps our aging neighborhood on par with new ones, but it also maintains our property values. Please feel free to call us if you require any other information from us. Very truly yours, Mark J. Prokop zx jwn E. Prokop ~ X007 - Agenda Information Memo June 5, 2007, Eagan City Council Meeting D. VARIANCE - ATLAS OF MINNESOTA, INC. ACTIONS TO BE CONSIDERED: To approve a Variance to the required building materials for a new warehouse and office showroom building at 2811 Highway 55 in the SE '/4 of Section 02. Or To approve the proposed precast concrete panels as "comparable or superior" to Class I or Class II materials, on the basis of the specific finished surface of the panels proposed. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property, 14.8 acres, is located on Highway 55 across from the Grand Oaks redevelopment area. ➢ The property is zoned and guided Limited Industrial. ➢ Three buildings exist on the property and are used for truck repair and storage. ➢ The proposed 200,000 square foot warehouse and office showroom building is an approved use in the zoning district. ➢ The City Council amended the City Code in 2006 to require a higher standard of building materials which included industrial developments. ➢ The proposed precast concrete panels are classified as a Class III material and are required to compose not more than 35% of the building per City Code. ➢ The applicant's stated hardship is that the building material requirement is not conducive for a building of this magnitude. ➢ The applicant also states "we believe it is bad policy to impose a dramatically different standard on new buildings in an area that already has a predominate style". ISSUES: ➢ - An area developer has submitted a letter in opposition to the proposed variance request. 60 DAY AGENCY ACTION DEADLINE: July 9, 2007 ATTACHMENTS (3): Planning Report on pages & through & through District Minutes and Exhibit on pages &through /Q/ Letter from area developer on pages PLANNING REPORT CITY OF EAGAN REPORT DATE: May 31, 2007 CASE: 02-VA-02-05-07 APPLICANT: Atlas of Minnesota, Inc. HEARING DATE: June 5, 2007 PROPERTY OWNER: Same APPLICATION DATE: May 11, 2007 REQUEST: Variance PREPARED BY: Sarah Schield LOCATION: 2811 Highway 55 COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Variance to the required building materials for a new warehouse and office showroom building at 2811 Highway 55 in the SE'/4 of Section 02. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. Planning Report - Atlas of Minnesota, Inc. Variance June 5, 2007 Page 2 f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS City Code Section 11. 70, Subd. 21, B2 requires buildings within I-1 zoning districts and located 800 feet or less from a county, state or federal right-of-way shall use at least two different Class I or Class II materials, and the building must compose of at least 65 percent Class I or Class H not more than 35 percent Class III or Class IV materials, and not more than ten percent of the building shall be Class IV materials. Policy statement. All newly constructed buildings shall be designed to accomplish the goals and objectives of the city land use Comprehensive Guide Plan. Exterior building materials shall be attractive in appearance, durable and compatible with adjacent structures and consistent with the city's standards for the district in which it is located. Requirements. Class I • Brick • Natural Stone • Glass • Copper Panels • Other comparable or superior materials (as approved by the City Council) Class II • Specialty concrete block such as textured, burnished block or rock faced block • Masonry stucco • Other comparable or superior materials (as approved by the City Council) Class III • Exterior finish installation system (EFIS) • Architecturally precast textured concrete panels • Opaque panels • Ornamental metal • Other comparable or superior materials (as approved by the City Council) Class IV • Smooth concrete block • Smooth scored concrete block • Smooth concrete tip up panels • Ceramic • Glass block • Wood • Other comparable or superior materials (as approved by the City Council) 0-7 Planning Report - Atlas of Minnesota, Inc. Variance June 5, 2007 Page 3 BACKGROUND/HISTORY Within the last year, Atlas of Minnesota, Inc. came forward to the City of Eagan with a potential redevelopment of the subject property which consisted of a retail project. It was noted at that time that the other alternative to the retail project would be to work with the property owner to implement a high quality commercial industrial project that would complement the other gateway projects in the area. In the predevelopment agreement between the City and the developer, it was noted that finishes for redevelopment proposed in January would need to meet or exceed the City's finish material standards. The redevelopment project did not come to fruition and the applicant has now applied for a building permit for a 200,000 square foot warehouse and office showroom building. The property is not platted; however, the applicant has applied for a final plat. EXISTING CONDITIONS The existing property contains three structures that are proposed to be demolished. The existing use is generally truck repair and storage. The lot is located off Highway 55 across from the Grand Oaks redevelopment area. The property is 14.8 acres in size. EVALUATION OF REQUEST Proposal - The applicant is proposing to demolish the existing structures and construct a 200,000 square foot warehouse and office showroom. The variance request is for utilization of precast architectural precast concrete panels with an exposed aggregate exterior surface. The applicant's intent is to "compliment and improve upon the best surfaces in the industrial district surrounding our new building at Highway 55 and Blue Waters Drive." The applicant indicates that future development will consist of two office showroom buildings of lower height which will complete the area between the subject building and Highway 55. However, the site plan does not identify such structures and other standard requirements, such as green space, may not be met with the additional buildings. Building Material - The City Council approved a revision to the City Code to enhance new construction by utilization of higher quality building materials in 2006. This code requires the applicant to use at least two different Class I or Class II materials, and the building must compose of at least 65 percent Class I or Class II not more than 35 percent Class III or Class IV materials, and not more than ten percent of the building shall be Class IV materials. While it is a retail commercial building, the 140,000 square foot Sam's Club warehouse was constructed with materials that are consistent with the City Code requirements. Additionally, the 300,000 square foot Spectrum Commerce Center and practically all of Grand Oak were also constructed with materials consistent with the code requirements. The proposed precast concrete panels are classified as a Class III material and are required to compose not more than 35% of the building per City Code. Planning Report - Atlas of Minnesota, Inc. Variance June 5, 2007 Page 4 Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. The applicant is proposing construction of a new building. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. It does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. Existing buildings that are industrial in nature are on the property and commercial industrial buildings have been recently constructed in surrounding areas that have met the building materials requirement. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building materials provision is to have materials be attractive in appearance, durable and compatible with adjacent structures. Since the request is to reduce the building material standards, future developments may also seek relief from the City Code requirements and ask that they not be subject to the requirements as well. The intent of the finish material ordinance was to elevate the base requirements for building finishes along major corridors. The applicant has stated that the standards will cause a new building to be dramatically different than the 40-50 year old buildings in the immediate area. However, the Spectrum building and virtually all of Grand Oak are consistent with the standards and they provide one half of the gateway on Highway 55 between Lexington Avenue and Highway 149. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the design requirements are too restrictive and rigid for a Limited Industrial district. According to the applicant "modem warehouse design most often uses architectural precast panels for the structural, aesthetic and time benefits they provide ...our proposed building is too large to be feasibly built using concrete block with brick facing. Its size and design call for architectural precast concrete panels. It would be extremely costly and aesthetically unnecessary to scaffold the entire building in order to face it with concrete stucco or other surface applications that would meet the new code requirements". It should be noted that precast panels may be used as structural components provided that 65% of the surface is faced with Class I or Class II materials. The applicant further states "we believe it is bad policy to impose a dramatically different standard on new buildings in an area that already has a predominate style." Planning Report - Atlas of Minnesota, Inc. Variance June 5, 2007 Page 5 SUMMARY/CONCLUSION The applicant is requesting a variance to the required building materials for a new warehouse building at 2811 Highway 55. Three existing buildings are on the property and are used for truck repair and storage. The proposed building would consist of a 200,000 square foot warehouse and office showroom. The applicant has stated the hardship is that the building material requirement is not conducive for a building of this magnitude and has asked for relief from the strict enforcement of the City Code. Instead of 65% utilization of Class I and Class 11 building materials, the applicant proposes to utilize a Class III material, architectural precast concrete panels with an exposed aggregate exterior surface. ACTION TO BE CONSIDERED To approve a Variance to the required building materials for a new warehouse and office show building at 2811 Highway 55 in the SE '/a of Section 02. If approved, the following conditions should apply. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The warehouse and office showroom shall not exceed the size shown on the proposed site plan dated May 11, 2007. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. Or To approve the proposed precast concrete panels as "comparable or superior" to Class I or Class II materials, on the basis of the specific finished surface of the panels proposed. q Eagan Boundary N Right-of-way rkAreaa p ~ PaPark Area Location Ma - Building Footprint x Q Li ® M slow ~"~p~~Nq $ • F tt t~ ~ ~,t4. 'R S f t D ' 0. t Subject Site s p ` 3116 r MEMO ION Gal ® Will® a® s ■ • _J -L I I mom ~q moon JNN- O Nip ■ f ■ 1000 0 1000 2000 Feet lea" Development/Developer. 2811 Highway 55 Application: Variance Case No.: 02-VA-02-05-07 Map Prepared using ERSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of CIS and is current as of April 2005. q1 City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Atlas of Minnesota, Inc. Current Zoning and Comprehensive Guide Plan Variance Land Use Map 02-vA-02-05-07 I a Zoning Map p PD BP BP I-t `--I Location PD P[ Current Zoning: 0 Limited Industrial r PD PD 1.1 P 1-1 a ba PF 1-7 b PF ~ too 0 sob 1206 Feet Comprehensive Guide Plan_ Land Use Map SA BA IND Location SA se e SA = Current Land Use Designation: z IND IND i SA IND t' SA Limited Industrial P IND IND ba SA IND 4 DP IND 600 0 600 1200 Feet S Parcel base map Information provided by Dakota County Land Survey Department Decmber 2005. N Zoning information maintained by City Staff. q2- ty of EajaIl WE Ci THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S JOHN G. HOESCHLER, P.A. ATTORNEY 800 Lone Oak Road Phone: 651-683-1868 Eagan, MN 55121 Fax: 651-681-6868 izhoeschler(da comcast.net Cell: 651-324-1694 May 10, 2007 Mayor and City Council Members City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Atlas of Minnesota Request for Building SurfaceVariance/ STH 55 and Blue Waters Drive Dear Mayor Maguire and City Council Members: This letter is to request a variance from your new design requirements to allow us to build a new, 200,000SF warehouse facility, using architectural precast concrete panels with an exposed aggregate exterior surface. This surface will complement and improve upon the best surfaces in the industrial district surrounding our new building at STH 55 and Blue Waters Drive. You can see this very good looking and functional surface on the Uline building at 985 Aldrin (at Neil Armstrong). We propose to use this superior surface on all sides of the building. The front of the building will be further enhanced with brick and glass. Eventually, two office showroom buildings of lower height but complementary design will complete the area between this building and STH 55. While your new, city-wide, design requirements were no doubt intended in good faith to foster improved exterior design over a wide range of properties from residential to business to industrial, we feel that they are too restrictive and rigid for an I-1 district. We feel that further consideration needs to be given to the appropriate surfaces for industrial districts. Brick, stone, glass, copper and stucco are appropriate for residential and business areas but industrial areas like ours need more latitude to allow best-in-class design that does not impose the extreme cost burdens that your present limited palette implies. Modern warehouse design most often uses architectural precast panels for the structural, ae$thetic and time benefits they provide. Best-in-class techniques and surfaces should be allowed and encouraged by your code. But what is best in a residential setting is not necessarily best in an industrial setting. We also feel that the code should be amended to allow staff to agree to "comparable or superior" materials without forcing on the developer the cost and delay RECEIVED MAy 14 2007 Mayor Maguire and City Council Members May 10, 2007 Page 2 inherent in a variance request to the Council. The effect of a strict reading of your narrow material list in an I-1 zone is to stifle good, creative and cost effective design. In our case, the delay inherent in a variance request is literally threatening the viability of the entire project. It is not clear that we can keep a major tenant who needs to make a move quickly. It is doubly frustrating to be faced with this delay since we have been speaking with the city staff about this development for over a year and no one ever gave us a warning that the surface requirements were being so severely limited by this new ordinance. Moreover, the new restricted surface material list is actually a substantial step backward in that it requires use of much more delicate and high maintenance surfaces without any substantial improvement in overall design. We find the staff asking us to propose additions to the surface to approximate stucco but which may fail over time and then asking us to search for words like cement in the product literature to justify its use under the Procrustean language of the code. All of this excludes functionally superior surfaces like exposed aggregate that is integral to the architectural precast panels themselves and thus long lasting, easy to maintain and good looking. The Uline warehouse represents the easiest to inspect example of what we would propose. This surface is long lasting, easy to clean and sophisticated in appearance. It is much more durable than stucco, far more affordable than stone or copper and functionally more compatible with a large warehouse than brick over concrete block. We ask you to drive by the building to better understand our proposed solution to this surface problem. At the same time you should drive by our site on the southwest side of STH 55 (at Blue Waters Drive) to appreciate the industrial (guided and zoned) neighborhood setting for our building and why more delicate surfaces are not appropriate. You will note that even the best looking industrial buildings between Aldrin and STH 55 cannot meet your new standard. We believe it is bad policy to impose a dramatically different standard on new buildings in an area that already has a predominant style. A tuxedo looks out of place at an industrial gathering. In addition, when you visualize our new building next to the Cheney-McKee buildings, you will agree that the exposed aggregate is a substantial improvement without making the transition between the two buildings jarringly different. Our proposed building is too large to be feasibly built using concrete block with brick facing. Its size and design call for architectural precast concrete panels. It would be extremely costly and aesthetically unnecessary to scaffold the entire building in order to face it with concrete stucco or other surface applications that would meet the new code requirements. All that that would achieve is a costly "make work" exercise. We have identified a synthetic stucco substitute surface that could be sprayed on - Tex Cote XL-70. This surface looks good to staff but it also requires a variance in their 2 q4 Mayor Maguire and City Council Members May 10, 2007 Page 3 view because it is a built up vinyl toluene acrylic resin system that looks like, but is not concrete stucco. This surface could be used if the Council does not agree to the integral exposed aggregate but we are suggesting it only as an alternative to our primary request for the exposed aggregate. At the hearing we will have the XL-70 samples for the Council to review. In the meantime, you can see the product brochure on the internet at hiip://www.texcote.com/PDF/Tilt-u.html. In summary, our property is guided and zoned industrial. The existing use is for truck repair and storage. Our proposal to change the use to warehouse and office showroom would be a substantial improvement but is only feasible with relief from the surface restrictions currently imposed. We request exposed aggregate with the XL-70 Spray on Stucco surface as a substitute. The surrounding land uses are industrial and business park across STH 55. The exposed aggregate would be compatible with the numerous exposed aggregate buildings already in the business park area. With the original of this letter I am enclosing the various plans required by the city's checklist. Yours very truly, John G. Hoeschler, PA ;l Job G. Hoeschler CC: Dan Oren Enclosure JGH:nmk 3 i N`d-Id AIIS gill. H , I E U HIP EEo Lij ar- Uaa ` I Q LL 7 / ny /4 f I j. V 01 _ f J^ d 1 'Ix pp i pi y -Y V~ .Y.a3 J W 1 y~; U z ~@ a = g r u~ I Nd]d DdVOSONVI tie o rv _ 8 Y eiosauu!W 'ue8e3 A[ 3snOH3NVM i2M] ~YZ~o R- Su!plpg pasodoJd a a y V _ T- Q d cl~4 i ` R^ e 4 Y- ? 1 a a a -'y' z C-3 1f'- * N4 - ~ III ~I! FY ~tiPY 11 7 { Y' ;L.. - P u ~4 [ } `mss l ~ it a v ,~~..i / •#{,<p'rrr11 .1~Y 1..: ~M. ~ ~.ly+~.a,yf,.-_1.-e•;M' /i yt~:'4A~ '3♦ti<a..3~ / ~ / - t~ $ 'FCC • 1~.tCr. _ --I` :L . €S I d _ 0 0 - It i ~g i. « o i z~ to 'I I - < I I ; t ' - ° lit I I 1= El F El _13 C3, to C3 r i OL C3 .0 • I t. I' B - - i I i - Iljl II iil 3 ll' a 0 01 q I. i frJ f I~ -rl _ iIi TIMg -1 E2~ 2 Sn ~S _ dF b e ~1 - © ii - } - lei a dae _I~ ~R 3(~. ~5SIe3x^FiM RF4 p2 / 'R ~R Bs rR cy ~q'R4yR'R7 V~ > e F y'! Proposed Building Ft , RE~~° If, DART WAREHOUSE IV rt y~sgrF _ W O F Fb S+ IF" N Eagan, Minnesota ; Y ELEVATIONS qb r k. ~ ttf+ D3 yay J~ 10, ' ~ tom"'" , y ~ ~ < ~ - ~ ~ ~ ~ ~ ~ 9r':• 'kip I r r a~~~`• Kp r y x~- ' 4 - •e:. ,h"i - ~ :axr r'"'i.'~"~~yt~,~yC• -s~'~.rt ~ r t }1" F s I ~ , ill t ~ r' ~ ,f . ~`~~pd;~~~ r~ ~S}S,yy c~~ t~ • ~ S~ 4 ~''~y Y,c ~ J'a's E r S 3~r^' y' 1 y % ~3.°• x H+i'4S 3 e x-~~.s~C'~' T ~t e.S' d • z a S• . . r s dI / I 4 " * "4/ . `~55 Py ~fRU3 . - i~ I •1' .y, t w 3-M, h _ r NO- D ~Jrc - L^ 04 1, YM -r ``~~rrasp~~♦ r° r E e Exhibit B MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota January 16, 2007 CEDAR GROVE REDEVELOPMENT DISTRICT STIPULATION FOR SETTLEMENT FOR ALL AMERICAN RECREATION / JR MEGA PROPERTY AT 3820 SIBLEY MEMORIAL HIGHWAY Community Development Director Hohenstein discussed a stipulation for settlement and occupancy agreement for the acquisition of the property located at 3820 Sibley Memorial Highway. Commissioner Tilley moved, Commissioner Fields seconded a motion to approve a stipulation for settlement and occupancy agreement for acquisition of the All American Recreation (JR Mega) property located at 3820 Sibley Memorial Highway and authorize the execution of the documents by the EDA President and Executive Director and Mayor and City Clerk. Aye: 5 Nay: 0 NEW BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT DIRECTION REGARDING CONCEPT PLAN FOR DART/ATLAS PROPERTY Community Development Director Hohenstein discussed a predevelopment agreement regarding the potential redevelopment of property in the Northeast Eagan Redevelopment District. Commissioner Carlson noted that in addition to requiring the developer to provide market information regarding the sustainability of retail development in the area, a predevelopment agreement would also provide that the City would perform a third party review to confirm the market information. With that addition to the direction, Commissioner Carlson moved, Commissioner Bakken seconded a motion to authorize staff and the City Attorney to negotiate a predevelopment agreement regarding the potential redevelopment of property in the Northeast Eagan Redevelopment District depicted in the concept plan presented by Atlas of Minnesota, such agreement to include the factors for further consideration identified by the EDA and Council. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT SIGNET PAINTING OCCUPANCY PROPOSAL Community Development Director Hohenstein discussed an occupancy proposal from Signet Painting for the business' continued occupancy at 4040 Cedar Grove Parkway. Commissioner Carlson moved, Commissioner Tilley seconded a motion to accept an occupancy proposal from Signet Painting for the business' continued occupancy at 4040 Cedar Grove Parkway and to approve occupancy until March 31, 2007. Aye: 5 Nay: 0 OTHER BUSINESS J~ Exhibit B At its meeting of January 16, 2007, the Eagan City Council and Economic Development Authority confirmed that the City is open to further consideration of a proposal for a retail land use and development application in the Northeast Eagan Redevelopment District and authorized staff and the City Attorney to negotiate a predevelopment agreement regarding the potential redevelopment of the property depicted in the concept plan presented by Atlas of Minnesota at the EDA workshop meeting on January 9, 2007, such agreement to include the factors for further consideration identified by the EDA and Council and outlined below. • That a retail project will only be considered if it encompasses the Pro-Stop, McKee/Cheney, Pepsi/Contract Beverages and Budget Host Motel properties, in order for there to be a significant retail presence in addition to the proposed big-box retail anchor. • That the developer provides information relative to its market analysis to support its conclusions regarding the viability and sustainability of a retail development at this location. Further that a consultant hired by the City reviews and verifies that analysis and provides an independent opinion in its regard. • That the developer provides analysis of the differential traffic impacts of the proposed development concept and an industrial development of a comparable scale on the property. • That the analysis of the project pro forma is able to confirm the reasonableness of the financial assumptions, the potential for a financing gap that would justify a but-for finding for public financing assistance and the TIF revenue capacity of the proposed development. • That Atlas as the owner-developer commits owner equity in the property as a source of funding in the project pro forma. • That the finish materials used in the proposed project meet or exceed the City's materials standards and that its architectural treatments complement those in the business park developments in the remainder of the TIF district. • That the use of eminent domain for site assembly be considered as a last resort. It was acknowledged at the workshop that if the retail project is found not to be feasible, financially or otherwise, the City would work with the developer to identify a redevelopment plan that would conform to the current Industrial Comprehensive Guide and Zoning designations or the Business Park Guide and Zoning classification to encourage uses more consistent with those on the north side of Hwy 55. )D I RECEIVED MAY 31 V7 Interstate Partners L.c 860 Blue Gentian Road J Suite 175 .J Eagan, MN 55121 J Teh 651.406.8050 Fax: 651.406.8628 J interstatepartners.com May 31, 2007 Mayor of Eagan and City Council Members c/o Sarah Schield City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Re: Public Hearing Notice Dart Case # 02-VA-02-05-07 Dear Mayor & Council Members: We received notice of a public hearing for a requested variance in regards to the above- referenced development. We contacted Sarah Schield for details regarding this request. As we understand it, the applicant is requesting a variance from the City's Design Standard Ordinance. I am sure you are familiar with our one hundred acre business park development, entitled Grand Oak Business Park, immediately across Highway 55 from the subject property. We have worked closely with the City of Eagan ('City") over the past ten years to create a first class business park that not only has attracted numerous businesses to Eagan but also serves as a gateway to the northeast part of the City. We are proud of what we have accomplished and hope that the City maintains its standards in the area to preserve the progress we have made to date. To relax the standards for this development would be a significant step backwards for this area. We would strongly urge you to please maintain the development standards. I would also hope that screening and landscaping standards will be vigorously maintained and enforced. 1 cannot imagine what reason would justify a variance from the new standards but would hope that future promises would not be acceptable as we would have to live with the results in the interim and future promises are never sure things no matter how they are documented. Thank you for your consi ration of our position regarding this matter. Sinc e / ' J f rego . Mill M President /kjr 102- Agenda Memo Eagan City Council Meeting June 5, 2007 Public Hearing E. THOMSON EXPANSION PROJECT - DISCONTINUE CONSIDERATION OF TAX INCREMENT FINANCING DISTRICT ACTION TO BE CONSIDERED: To discontinue consideration of the 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 has been considering the expansion of its facilities located at 610 Opperman Drive in Eagan. • The City Council received a request from Thomson-West for consideration of support the project by the establishment of a tax increment financing district. The formation of the district was contingent upon the approval of authorization which was contained in the state tax bill, which was vetoed on May 30, 2007. • The public hearing to consider the district had been scheduled for this time on the assumption that legislation would have been adopted by the end of the legislative session. As a consequence of this situation, a hearing is not in order. • At this time, Thomson has withdrawn its request for this action and has requested that the City discontinue further consideration of it. ATTACHMENTS: • Thomson letter on page O ~ ld3 Thomas J. walrath T H O M S O N Senior Director, Facility Management Thomson 610 Opperman Drive Eagan, MN 55123 Tel 651-687-7490 Fax 651-687-5718 May 31, 2007 Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Jon: Thomson hereby requests that the City of Eagan discontinue further consideration of the Tax Increment Financing and Minnesota Investment Fund applications. Re submitted, J. Walrath 4mas0t cc: Tom Hedges, City of Eagan O 7 RECEIVED MAY 3 1 2007 Agenda Memo Eagan City Council Meeting June 5, 2007 Public Hearing F. THOMSON EXPANSION PROJECT - DISCONTINUE CONSIDERATION OF PROPOSED MINNESOTA INVESTMENT FUND APPLICATION ACTION TO BE CONSIDERED: To discontinue consideration of an application for Minnesota Investment Fund financing for the potential expansion of the Thomson-West's Eagan Campus. FACTS: • Thomson-West has been considering the expansion of its facilities located at 610 Opperman Drive in Eagan. • The City Council received a request from Thomson-West for consideration of support the project by submitting an application to the Minnesota Department of Employment and Economic Development for funding through the Minnesota Investment Fund. • A public hearing is to be held as part of the application process. The public hearing had been scheduled for this time to coincide with the TIF public hearing. • At this time, Thomson has withdrawn its request for this action and has requested that the City discontinue further consideration of it. ATTACHMENTS: • Thomson letter on page- 105 t Thomas J. Walrath THOMSON Senior Director, Facility Management Thomson 610 Opperman Drive Eagan, MN 55123 Tel 651-687-7490 Fax 651-687-5718 May 31, 2007 Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Jon: Thomson hereby requests that the City of Eagan discontinue further consideration of the Tax Increment Financing and Minnesota Investment Fund applications. TW submitte d, *e- alrath cc: Tom Hedges, City of Eagan RECEIVED MAY 3 1 2007 Agenda Information Memo June 5, 2007 Eagan City Council Meeting OLD BUSINESS A. WINTER TRAIL MAINTENANCE PROGRAM ACTION TO BE CONSIDERED: Approve/Deny requested Amendments to the Winter Trail Maintenance Program. FACTS: • In 1998, the City implemented a comprehensive Winter Trail Maintenance Program providing for the snow removal of approximately 50% of the City's transportation trail system (adjacent to collector/arterial streets). • Part of that program included a policy that included, among other things, a schedule for Council review of the most current adopted plan. In 2003, the Council amended its Policy to require that all future requests for additions/changes be reviewed by the Council at the first available work session after April 1St of each year before giving formal consideration at a regular Council meeting. At the May 8 Council workshop, the Council considered 2 Petitions(P#1, P#2), 2 Business Requests (BR#1, BR#2), 1 Citizen Request (CR#1) and 1 Additional Consideration by staff (AC#1) After discussion and consideration, the following directives were given to each as follows: ❖ P #1 - West side of Coachman Rd from Yankee Doodle Rd to Four Oaks Rd In considering this request (2,996 feet of trailway at an additional cost of $509/yr), the Council recognized that the east side was already on the Winter Maintenance Program and they were not interested in maintaining both sides of this collector street. Council Consensus: Based on the petitioned rationale of bus stop locations, the Council directed staff to contact the school district to obtain more information on the number and location of bus stops for further consideration. The enclosed map shows all (6) school bus stops are located on the west side of Coachman Rd. The Council did not indicate support for adding this request as an additional segment, but possibly considering switching the current maintenance from the east side to the west side. If approved, this would not have any impact to the program budget. P #2 - North side of Yankee Doodle Rd from Inver Grove Heights to TH 149 Staff received a petition from 50 homeowners in Eagan and Invr Grove Heights to add-2,600 feet of trailway along Yankee Doodle Rd at an additional cost of $442/yr. Council Consensus: The Council suggested favorable consideration of this segment due to the functional classification (County Rd, 4-lane divided), the number of petitioners from both communities and Inver Grove's willingness to include the segment located within their community into their winter maintenance program. ❖ BR #1- Yankee Doodle Rd and Blackhawk Rd from Blue Cross Rd to TH 13 Staff received a request from a representative of Blue Cross Blue Shield to consider adding the pathway on the north side of Black Hawk Rd. and the south side of Yankee Doodle Rd. between State Hwy. 13 and Blue Cross Road. This segment request would add 2026 feet of trail at an additional cost of $344/yr. Council Consensus: The Council did not support this request since the addition would not connect to a maintained segment of the existing winter trail system (No trail on TH 13 between Blackhawk and Yankee Doodle Rd). 109 ❖ BR #2 - Community Center/Central Park Staff received a request from an employee of NWA requesting the maintenance of the trial segment located adjacent to the Community Center/Central Park along the private access road to NWA from Central Parkway. This segment request would add 1950 feet of trail at an additional cost of $332/yr. Council Consensus: The Council did not support this request since it is along a private drive and would not provide a community benefit. ❖ CR #1- Burgundy Dr from TH 13 to Robin Lane Staff received a request from the Homeowners Association Manager requesting winter maintenance for recreational purposes, on behalf of residents in the Vermillion Carriage Association. This segment request would add 3106 feet of trail at an additional cost of $528/yr. Council Consensus: The Council did not support this request since it is a local neighborhood sidewalk/trail and doesn't provide a community benefit nor connect to an existing maintained community trail system. It was suggested that the Homeowners Association contact the City's contractor for possible private arrangements. ❖ AC #1- Yankee Doodle Rd from Elrene to TH 149 Based on the recommended approval of P#2 (Yankee Doodle Rd), Staff presented consideration of the segment along the south side of Yankee Doodle Rd from Elrene to TH 149 to provide connectivity to the existing winter maintained system. This segment request would add 2600 feet of trail at an additional cost of $450/yr. Council Consensus: The Council suggested favorable consideration of this segment to provide the necessary connectivity to the existing system. ISSUES • The current budget for the existing Winter Trail Maintenance program for 2007 is $82,440. Actual costs incurred for the '06-'07 season ($95,000) exceeded the '07 adopted budget by $12,560 (+15.2%). If the Council approves an increase in this customer service delivery program as suggested in the discussions during the May 8 workshop (P#1, P#2 & AC#1), it will require an increase of $900 (+1.1%) to the previous under funded program budget when considering the '08 budget. ATTACHMENTS: • Location map of bus stops, enclosed on page " Independent School District 197 ~ Coachman Road Sus Stops 2007-08 School Year West Side of Coachman Road Only Four Qa)KMS Road Coachman & Four Oaks 3155 Coachman Rd Coachmin Rd & ' Raindrop Dr Coachman Rd & Snowflake Dr c~ o' c as eo c t3 ; -a 32}55 Coachman Rd 4j 3301 Coachman Rd 3335 Coachman Rd r` ~ 3 Zia _ e, W DoQCtte Road 500 =E~t Agenda Information Memo June 5, 2007, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT (BLUE RIDGE 7TH ADDITION) - CSM ACTION TO BE CONSIDERED: To approve (OR to direct preparation of findings for denial) a Planned Development Amendment to allow an adult daycare on property located at 2965 Lone Oak Drive in the SW 1/4 of Section 1, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes. FACTS: ➢ A Final Planned Development was approved for this site earlier this year allowing construction of a 38,000 sq. ft. office and office/warehouse building. ➢ The site is platted as part of Lot 2, Block 1, Blue Ridge 6th Addition, and that lot is currently in the process of being subdivided (Blue Ridge 7th Addition). ➢ The subject site is surrounded by other office and office/warehouse uses, and properties designated or zoned for similar uses. ➢ Lifeworks Services will be the primary tenant in the building, occupying 25,000 sq. ft. Lifeworks will house their administrative offices in this location, as well as provide training programs. ➢ The training program provides services to individuals with disabilities including vocational training, social enrichment activities, personal care, career development and transportation. ➢ A portion of the Lifeworks training program includes services that the State of Minnesota categorizes as adult day care and which is licensed as such by the State. ➢ This day care portion of the Lifeworks operation is not permitted under the current Planned Development approval. ➢ CSM is proposing a Planned Development Amendment for approval of this use. ➢ The training and day care portion of the facility will occupy 7,808 sq. ft. of their leased space, which includes approximately 5,400 sq. ft. of program space and 2,408 sq. ft. of associated administrative and storage space. ISSUES: None 60-DAY AGENCY ACTION DEADLINE: June 19, 2007 ATTACHMENTS (2): Draft APC Minutes of May 22, 2007, pages Ifl- tugh- Staff report, pages [through 115 NO Advisory Planning Commission Minutes May 22, 2007 Page 5 of 8 B. Blue Ridge Seventh Addition - PA Applicant Name: CSM Properties, INC. Location: 2965 Lone Oak Drive; Lot 2, Block 1, Blue Ridge Sixth Addition Application: Planned Development Amendment A Planned Development Amendment to allow an adult daycare. File Number: 01-PA-07-04-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated May 16, 2007. John Ferrier, CSM, introduced himself as the property owner, and Marlys Prichard, representing the tenant, Lifeworks. Member Heaney asked if Lifeworks received contributions from Goodwill or Easter Seals. Ms. Prichard stated no. 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 Chavez asked how the cap of 10,000 sq.-ft. was determined. Planner Dudziak stated that condition is designed to allow limited flexibility for some future expansion of the program without further amendment to the Planned Development and thus, a number slightly higher than the proposed occupied square footage was identified. Planner Dudziak also clarified the licensed area occupies7,808 sq. ft. while the actual program space encompassed in that is approximately 5,400 sq. ft. Member Chavez moved, Member Heaney seconded, a motion to recommend approval of the Planned Development Amendment to allow an adult daycare at 2965 Lone Oak Drive, legally described as part of Lot 2, Block 1, Blue Ridge Sixth Addition in the SW'/4 of Section 1, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. 2. The adult daycare shall be provided in conjunction with a primary office use, and the adult daycare shall not exceed 10,000 sq. ft. All voted in favor. Motion carried 5-0. l~l PLANNING REPORT CITY OF EAGAN REPORT DATE: May 16, 2007 CASE: 01-PA-07-04-07 APPLICANT: CSM Properties, Inc. HEARING DATE: May 22, 2007 PROPERTY OWNER: CSM Properties, Inc. APPLICATION DATE: April 20, 2007 REQUEST: Planned Development Amendment PREPARED BY: Pamela Dudziak LOCATION: North of Lone Oak Road and west of Lone Oak Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of Planned Development Amendment to allow an adult daycare at 2965 Lone Oak Drive, legally described as part of Lot 2, Block 1, Blue Ridge Sixth Addition in the SW 1/4 of Section 1. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. I~ Planning Report - May 22, 2007 Lifeworks (CSM) Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. 1. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. i Planning Report - May 22, 2007 Lifeworks (CSM) Page 3 BACKGROUND/EXISTING CONDITIONS A Final Planned Development was approved for this site earlier this year allowing construction of an office and office/warehouse building. The property is guided SA, Special Area and is designated for office use in the Special Area Plan that includes this property. The property is currently zoned PD, Planned Development, and is generally considered similar to the BP, Business Park, zoning district. The site is platted as part of Lot 2, Block 1, Blue Ridge 6th Addition, and that lot is currently in the process of being subdivided. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zoning Land Use Designation North Vacant PD, Planned SA, Special Area (O/S, Development Office/Service South Residential (rural, S A, Agriculture SA, Special Area (NB, of Lone Oak Rd. Neighborhood Business) East Office (Ecolab) PD, Planned SA, Special Area (O/S, Development Office/Service West Vacant and Office A, Agriculture and PD, SA, Special Area (RC, Retail Planned Development Commercial & BP, Business Park EVALUATION OF REQUEST Code Requirements -The Planned Development for this property specifies office/warehouse uses. The land use designation within the Special Area is Business Park. Therefore, the BP zoning district is used as a guide for determining acceptability of uses within the Planned Development. Proposal - Lifeworks Services will occupy approximately 25,000 sq. ft. of the 38,000 sq. ft. building and will house their administrative offices in this location as well as provide training programs. According to the applicant's narrative, "the majority of the tenant's use is office (14,399 so, warehouse (2,740 sf) and training (7,808 so A portion of the training program includes services that the State of Minnesota categorizes as adult day care." As such, the day care is licensed by the State under Statutes 245A and 245B. This portion of the Lifeworks operation is not permitted under the current Planned Development approval. Adult day care would be a conditional use in Business Park zoning. Therefore, CSM is proposing a Planned Development Amendment for approval of this use in lieu of a conditional use permit. hq Planning Report - May 22, 2007 Lifeworks (CSM) Page 4 Description of Use - The applicant provided a detailed narrative which is attached to this report. The adult day care portion of the Lifeworks operation occupies 7,808 sq. ft. 31% of their 25,000 sq. ft. leased space and 20% of the 38,000 sq. ft. building. Of the 7,808 sq. ft., some of that space is administrative and storage functions associated with the training program, and approximately 5,400 sq. ft. is devoted to providing services. In this location, Lifeworks will have 20 staff members to provide Day Training and Habilitation for 85 clients with disabilities. The training program provides services to individuals with disabilities including vocational training, social enrichment activities, personal care, career development and transportation. These services are described in greater detail in the attached narrative. The hours of operation are typical business hours, 8:00 a.m. to 4:00 p.m. Compatibility with Surrounding Area - BP zoning districts are intended to accommodate development of low intensity office, light industrial and supporting commercial service uses that may be suitable in relative close proximity to non-industrial development. The subject site is within an office and office/warehouse development. The proposed use appears to be compatible with the surrounding uses based on the zoning designation and Comprehensive Guide Plan land use designation. Surrounding properties are also designated in the Comprehensive Guide Plan for future use as either Business Park or Office/Service, both of which would be compatible with the proposed adult daycare use. The daycare portion of the Lifeworks operation involves only 5,400 sq. ft. of the 38,000 sq. ft. building, its presence is not anticipated to change the character of this development. SUMMARY/CONCLUSION The applicant is requesting approval of a Planned Development Amendment to allow an adult daycare in conjunction with administrative offices for Lifeworks Services. Adult daycare would typically require a conditional use permit in order to allow such a use within an office and office/warehouse development. The daycare portion of the Lifeworks facility will occupy 7,808 sq. ft. of their 25,000 sq. ft. leased space. The subject site is surrounded by other office and office/warehouse uses, and properties designated or zoned for similar uses. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow an adult daycare at 2675 Lone Oak Drive, legally described as Lot 2, Block 1, Blue Ridge 6th Addition. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the city. 2. The adult daycare shall be provided in conjunction with a primary office use, and the adult daycare shall not exceed 10,000 sq. ft. II~ Eagan boundary Location Ma NA/ Prk yea p O Park Area - building Footprint u a a N 1 w 011 O D /r O " r:c o Sub'ect Site c: ' .r.. a a~ ~ a o 0 ~ r 'S ■ 9 \ MM\6\ r s s 816 ' ' a F ~ ~ 411 ~ ,Na NWY. NO. 3a~• M e ' ` \nI .r 1A ■ a'"!YN O a N ~ • s ■ n N, 1000 0 1000 2000 Feet Development/Developer.. 2965 Lone Oak Drive Application: Planned Development Amendment Case No.: 01-PA-07-0407 Map Prepared using y ERS Off W 3.1. Parcel base map data provided / N by Dakota County Office ce of of GIS and is current as of April 2005. 005. City of Ea jan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Lifeworks (CSM) Planned Development Amendment 01-PA-07-04-07 Zoning Map PD PD C Location Current Zoning: PD PD PD PF Planned Development PD A s PD A 1-1 PD A aa'Y, M4 4 boo o boo 1200 r..t - G Comprehensive Guide Plan Land Use Map SA SA _ s Location Current Land Use Designation: ~ SA SA e SA Special Area g RC SA IND RC SA 4 O/S ,h nllear aa'Y, aQ ~ LD goo o boo 1200 r." RC Parcel base map Inil nation Provided by Dakots County Land Survey Department Doembar 2005. N Zoning Information maintained by City Stan. U of Ea an W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S I D'..'Q Iwne: PA'[1wnt\ESN\060109 o'. sneer'\PD U+'dnent\0601D951te-PD..d- APr 19, 2007 - 10:10- u - .s - - _ J _ 1 - _ _ - - - - - - _ _ 1. ,o s. - a 75. 1 \ c. ' ~ i I I3 \ a. 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O i Z '`a Z a ~ t + I s b t.' 77 't, vr r l ' \ °d IZ:V \ /I. fit. .sa~T ~ t ~ r g' ~ 1 / 11.'4 y k • f Pi rte' ' s r ~ r K ➢ yTS a rP ~Xjf -~---''1---mot r: _ ,a~ i, ~ ~ ~(~];~y • ~F ASr. 1 1 y IMM i f w t r PROJECT NARRATIVE Waters VII Business Center Planned Development Amendment General Description The Waters Business Center Phase VII project proposes to complete the construction of the third of three office/warehouse buildings conceptually proposed under the Waters Business. Center Phase V and VI. The final planned development was approved by the City Council on March 20, 2007. The reason for the planned development amendment is because of a tenant that will occupy approximately 25,000 sf of the Phase VII building. . The majority of the tenant's use is office (14,399 sf), warehouse (2,740 sf) and training (7,808 sf). These are all permitted in this planned development. However, a portion of the tenant's training component (about 5,400 sf), includes services that the State of Minnesota categorizes as adult daycare. As a result, the tenant needs an adult daycare license for the 7,808 sf training portion of their business. Therefore, the planned development amendment is needed because the adult daycare component was not part of the initial planned development approval. Tenant Description Lifeworks Services plans to house their administrative office as well as one of their ` programs at the proposed Waters VII Business Center location. The administrative side of the space will consist of standard office space for 40 to 50 people. The specific functions located within the office space include senior management, accounting, information technology, human resources, marketing, development, support staff, and customized support - a program that provides administrative support to families with children with disabilities. On the program side, 20 Lifeworks staff will provide Day Training and Habilitation (adult day program) to 85 clients with disabilities. To operate this program, they must receive a license from the State of Minnesota. They apply for licensure under statutes 245A & 254B. Once they have applied, the state will notify the city of Eagan and the city will have 30 days to respond. After the state hears from the city or after 30 days, whichever happens first, the state will issue the license. The notification process is to ensure that the city agrees that the property is zoned correctly. The state will also require a standard inspection by the building inspector and fire marshal. The adult day program area provides services to individuals with disabilities, Monday through Friday, between the hours of 8:00 to 4:00. The services provided include: Vocational training - in between jobs, clients learn to use a computer, work on health and fitness, create art and music, and volunteer in the community at places like Meals on Wheels and Feed My Starving Children. Social enrichment - includes activities that help individuals build skills, confidence, self- esteem, and a sense of community. Lifeworks responds to client needs with innovative programs such as art programs, music therapy, sensory rooms, and a communication device library. Personal care - taking care of the clients' physical needs is also very important. Since many of them have both developmental and physical disabilities, they need the assistance of trained staff to meet most of their basic care needs. LOU 0 ddn 03AI333d G:\Home\Arch 2000\Projects-Active\Waters VII\Tenants-Preliminary\Lifeworks\PD amendment 4-20-07\project narrative.docPage I oft 7 122- PROJECT NARRATIVE Waters VII Business Center Planned Development Amendment Career development - Lifeworks also serves individuals who do not come to their site but rather are served directly in businesses where the client has a job. Businesses in Eagan that provide jobs to Lifeworks clients include Thomson West and Blue Cross and Blue Shield of Minnesota. Transportation - Lifeworks is responsible for the transportation needs of the individuals they serve. To do this they own vehicles and employ drivers, contract with various transportation vendors, and train clients to use public transportation. Timin /phasing We are requesting approval of the planned development amendment to allow an adult daycare component within this facility. The shell building project proposes to commence with construction in mid-May, 2007 to meet the needs of the tenant who needs to occupy by the end of November. The interior tenant work will begin in September of 2007. Existing land uses on subject property The existing land is vacant and has been mass graded in preparation for the proposed construction during the previous Phase V and Phase VI improvements. Surrounding land uses and zoning within 660 feet Review of the Comprehensive Land Use Plan indicates that the subject area is surrounded by property under the land use designation of SA, Special Area #1 - The Waters. Review of the Zoning Map indicates the subject area is surrounded by properties zoned PD, Planned Development. Impact of planned development amendment The planned development amendment to allow the adult daycare function will have no negative impact on the subject or adjacent properties. All vocational training and adult daycare functions will occur inside the facility. The number of occupants for the program part of the facility is similar to what it would be for an office user, so there will be no adverse impact on City services such as sewer, water, storm water run-off and roads. Public benefit Lifeworks' mission is to serve the community and people with disabilities as they live and work together. Lifeworks provides customized services for people with disabilities that help them to live full and meaningful lives. Lifeworks is a vibrant organization where the people they serve participate in the community. The approval of this planned development amendment will allow Lifeworks the opportunity to provide an essential benefit to the City of Eagan. GAHome\Arch 2000\Projects-Active\Waters VII\Tenants-Preliminary\Lifeworks\PD amendment 4-20-07\project narrative.docPage 2 of 2 g 123 f Agenda Information Memo June 5, 2007, Eagan City Council Meeting B. CONDITIONAL USE PERMIT AND VARIANCE - TRAIL AUTOBODY AND MARINE ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for outdoor storage, for property located at 4880 Biscayne Avenue; subject to the conditions in the APC minutes. To approve (OR direct findings of fact for denial) a Variance of a 40-foot rear yard, 15-foot north side yard and 10-foot south side yard setback, for outdoor storage on property located at 4880 Biscayne Avenue in the SE '/a of Section 36, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The applicant's proposal includes outdoor storage of boats, vans, a cargo truck and a dumpster enclosure. ➢ Many studies, most recently in 2001, determined this area east of Biscayne Avenue should remain Industrial. ➢ Outdoor storage is an allowed use in the Industrial Zoning district. ➢ The variances are directly related to the outdoor storage component of the proposal and the proximity of the Red Pine school property. ➢ The Public Hearing for this item was heard by the Advisory Planning Commission on May 22, 2007. The APC recommended approval of the Conditional Use Permit and Variances. ISSUES: None. 60 DAY STATUS: June 16, 2007 ATTACHMENTS (2): Draft APC minutes on agesi-- through kV. Staff report on pages! 2- through 1 ~ . 1 2J4 Advisory Planning Commission Minutes May 22, 2007 Page 6 of 8 C. Trail Autobody and Marine Applicant Name: Trail Autobody and Marine Location: 4880 Biscayne Road; Lot 2, Block 2, Halley's 1 st Addition Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage. File Number: 36-CU-06-04-07 Planner Sarah Schield introduced this item and highlighted the information-presented in the City Staff report dated May 16, 2007. Bryan Dybing, property owner, stated that he provided maximum case scenarios in his application for the outdoor, seasonal storage. Due to concerns from previous acts of vandalism he plans to keep as much indoors as possible. He further stated he agreed-with the staff report and the proposed conditions of approval. 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 moved, Member Feller seconded;'a motion to recommend approval of a Conditional Use Permit to allow outdoor storage for property located at 4880 Biscayne Avenue in the SE of Section 36, subject to the conditions in the staff.,report. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council= and proof of recording submitted to the City. 2. A revised Site Plan with parking stall, drive aisle, and setback dimensions, which includes the outdoor storage areas--as shown on the April 27, 2007 Site Plan, shall be submitted. 3. A six-foot tall wooden privacy fence along the east perimeter of the property shall be installed no later than August 1, 2007, to match the adjacent properties. 4. A trash enclosure must be constructed, per City Code requirements, no later than August 1, 2007. 5. All parking and storage areas shall be property maintained to prevent deterioration. 6. The applicant shall provide bituminous pavement, curb and gutter for the outdoor storage areas by November 1, 2007 in a form acceptable to the City Engineer. All voted in favor. Motion carried 5-0. Member Heaney moved, Member Feller seconded, a motion to recommend approval of a 40- foot rear yard, 15-foot north side yard and 10-foot south side yard setback variance to allow outdoor storage of vehicles and boats, on property located at 4880 Biscayne Avenue in the SE I~ i Advisory Planning Commission Minutes May 22, 2007 Page 7 of 8 '/4 of Section 36, subject to the conditions in the staff report. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration. and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: May 16, 2007 CASE: 36-CU-06-04-07 APPLICANT: R. Bryan Dybing HEARING DATE: May 22, 2007 PROPERTY OWNER: R. Bryan Dybing APPLICATION DATE: April 18, 2007 REQUEST: Conditional Use Permit/Variance PREPARED BY: Sarah Schield LOCATION: 4880 Biscayne Avenue COMPREHENSIVE PLAN: IND, Industrial ZONING: 1- 1, Limited Industrial SUMMARY OF REQUEST R. Bryan Dybing is requesting approval of a Conditional Use Permit (CUP) for outdoor storage of vehicles and boats and a Variance from the required setbacks on property located at 4880 Biscayne Avenue in the SE'/4 of Section 36. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 12-7 f Planning Report - R. Bryan Dybing May 22, 2007 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. C. The outdoor storage area shall be screened from view from the public right-of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. d. The storage area shall not interfere with any pedestrian or vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. 128 Planning Report - R. Bryan Dybing May 22, 2007 Page 3 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. Variance: City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. BACKGROUND/HISTORY This area of southeast Eagan has been studied several times by the City, most recently in 2001. At that time, the City Council determined that the industrial properties located on the east side of Biscayne Avenue should remain zoned and guided for industrial use. Additionally, the City Council determined that a change from Industrial to Retail Commercial (RC) Guide Plan Designation and Neighborhood Business (NB) zoning designation was appropriate for the area located west of Biscayne Avenue, east of Highway 3, south of Red Pine Lane and north of Gun Club Road. In 2006, both Wensmann Homes Inc. and Sierra Metals, businesses to the north and south of the subject parcel, received Conditional Use Permits to allow outdoor storage and Variances from the setback requirements. 12-9 Planning Report - R. Bryan Dybing May 22, 2007 Page 4 EXISTING CONDITIONS There are currently three businesses, Trail Autobody & Marine, Janecky Plumbing and Cobra Transport located within the 9,200 square foot building. There is an approximate five-foot tall chain link fence along the east boundary of the site. Access to the site is provided from Biscayne Avenue from the west. The south side of the lot is paved with bituminous, however the east parking area is gravel. A dumpster is located in the parking area on the east side of the building. The City Code requires all trash containers stored outside must be stored within an enclosure with an impermeable floor surface, constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity, and of sufficient size to enclose all trash and recyclable containers, not less than six feet and not more than ten feet in height. The dumpster must be brought into conformity with the City Code. There are currently several different types of boats, trailers and vehicles being stored outside on the property. The type and amount of items vary and are dependent upon the season. The existing outside storage is in violation of City ordinances, and upon being notified of such, the applicant submitted this application for the required Conditional Use Permit to bring the use into compliance. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Industrial/Manufacturing I-1 IND South Industrial/Manufacturing I-1 IND West Industrial NB (Neighborhood RC (Retail Business) Commercial) East Red Pine Elementary PF (Public Facility) QP (Quasi Public/ School Institutional) EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed outdoor storage is not inconsistent with this specific area along Biscayne although the general area has experienced change over the last decade including the construction of Red Pine Elementary School, a number of single family subdivisions and, most recently, the approval of the Red Pine Crossing retail project just east of Highway 3. 13D Planning Report - R. Bryan Dybing May 22, 2007 Page 5 Outdoor storage is not uncommon in Eagan's industrial areas and it is important to note, as referenced earlier in this report, that the City made a conscious decision in 2001 to allow the properties along the east side of Biscayne to remain zoned and guided for industrial use. Site Plan - The proposed outdoor storage areas are located east and south of the building. The applicant proposes 7 parking spaces for boats along the east property line, along with the dumpster enclosure and 4 parking spaces for van parking. A cargo truck trailer is proposed in the southeast corner. Outdoor Storage - The ordinance standards for outside storage are outlined below. 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. The east side storage area is somewhat screened and enclosed by an existing five-foot tall chain link fence and vegetation on one side, and the building on the other, and is not very visible from the street. However, the south side storage area is visible from the public right-of-way and adjacent properties as there is no visual screening provided between the industrial properties in this area. 2. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. There are multiple storage areas proposed for the site. The proposed east/southeast storage area and truck/trailer parking area is approximately 10 feet from the property lines. These locations do not meet the side yard and rear yard setback requirements of 20 feet. Further, the ordinance requires the outdoor storage setback to be 50 feet when adjacent to properties guided Public Facilities, thus the requested Variance for outdoor storage setbacks. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The adjacent properties to the north and south are zoned and guided for limited industrial use. The south and east storage areas have no screening, however, screening is not required from adjacent parcels that are zoned I-1. The adjacent property to the west is guided RC and the proposed storage is in viewable from the public right-of-way. The adjacent property to the east is guided QP and is presently screened from the outdoor storage only by six evergreen trees. There are additional evergreens located off the subject site; however, staff suggests added screening below in the Landscaping paragraph. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The area of the site south and east of the building is used only for storage and vehicular movement. There is limited pedestrian activity in this area. The site plan identifies parking stalls located behind the building. The applicant has stated such stalls are to be 25 feet in length to accommodate boat parking. The site plan does not decipher the stall dimensions or the drive 1 ~1 Planning Report - R. Bryan Dybing May 22, 2007 Page 6 aisle dimensions. A revised site plan should be submitted to ensure that the vehicles can safely maneuver within the site. 5. The storage area shall not take up required parking spaces or landscaping areas. No required parking, landscaping or other vegetation is proposed to be removed to accommodate the proposed storage area. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed storage area is surfaced with asphalt except for the storage area to the east of the building which is surfaced with gravel. The majority of the storage area is already surfaced with asphalt and the asphalt will remain. The applicant must surface the remainder of the site with asphalt, curb and gutter. Setbacks - The City Code requires a 20-foot side and rear yard outdoor storage setback. Additionally, the City Code requires the outdoor storage setback to be 50 feet when adjacent to properties guided Public Facilities. The proposed outdoor storage setback is approximately 5 feet along the north side yard, 10 feet from the rear yard, and 10 feet along the south side yard. With the change in the adjacent land use over the past years, the additional setbacks have negatively impacted the existing industrial use. Because of the location of the existing lot, strict enforcement of the setbacks would not allow the owner to have outdoor storage at the property, which is allowed via a Conditional Use. Thus, a setback Variance of 40 feet from the rear yard setback and 15 feet from the north side yard and 10 feet from the south side yard setback is requested for the outdoor storage. Landscaping - The applicant does not propose any landscaping. The proposed storage areas are presently screened from the school property to the east and the majority of the evergreen trees are located off the subject site. If these trees were to be damaged or removed in the future, there would be little, if any, screening of the outdoor storage to the property to the east. Staff suggests the APC and City Council consider the addition of at least a six-foot tall wooden privacy fence along the east perimeter of the property that would assist with both security and screening. The fence should be similar to the fence on the adjacent properties to provide uniformity in the industrial area. SUMMARY/CONCLUSION R. Bryan Dybing is requesting approval of a Conditional Use Permit (CUP) for outdoor storage of vehicles and boats and a Variance from the required setbacks on property located at 4880 Biscayne Avenue in the SE 1/4 of Section 36. The proposed outdoor storage appears generally compatible with the I-1 zoning and surrounding properties. The proposal, however, falls short of satisfying all of the performance standards in the City Code. The primary shortfalls are with regard to setbacks and screening. 132- Planning Report - R. Bryan Dybing May 22, 2007 Page 7 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for outdoor storage of vehicles and boats, on property located at 4880 Biscayne Avenue in the SE 1/4 of Section 36. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. A revised Site Plan with parking stall, drive aisle, and setback dimensions, which includes the outdoor storage areas as shown on the April 27, 2007 Site Plan, shall be submitted. 3. A six-foot tall wooden privacy fence along the east perimeter of the property shall be installed no later than August 1, 2007, to match the adjacent properties. 4. A trash enclosure must be constructed, per City Code requirements, no later than August 1, 2007. 5. All parking and storage areas shall be property maintained to prevent deterioration. 6. The applicant shall provide bituminous pavement, curb and gutter for the outdoor storage areas by November 1, 2007 in a form acceptable to the City Engineer. To recommend approval of a 40-foot rear yard, 15-foot north side yard and 10-foot south side yard setback Variance to allow outdoor storage of vehicles and boats, on property located at 4880 Biscayne Avenue in the SE 1/4 of Section 36. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Eagan Boundary Parcel Area Location Map ~ParkArea - Building Footprint ■ • tti C v 1*1 PIP [1 7j • • ~ • ara ~ ! ~ r ~ ~ ww ~ ~•i ,tie • ~ ~6 ~ • ,r; ~ r~ 1 W w ,N.~... 06 l 411 0 e r rr ,~w !1 ~ ■ r`""" a d t o 4 l d i , ■wi J r O o a Sub'ect Site Q C 0 1 i F1 F1 ETT Bill! -9 e Z Q : O Q O . ■ a ~ 1 A/ 1000 0 1000 2000 Feel Development/Developer.. 4880 Biscayne Road Application: Conditional Use Permit Case No.: 36-CU-06-04-07 Map Prepared using ERSI ArcVlew a1. Parcel terse map data provided I N by Dakota County Office of GIS and Is current as of April 2005. City of Eajan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Trail Autobody and Marine Land Use Map Conditional Use Permit 36-CU-06-0407 Zoning Map a A P F -1 Current Zoning: p r R-1 i'7 ® ~rF 1 Limted industrial t• Location 1 p F NB NB _ A p P 600 0 600 1200 Feet Comprehensive Guide Plan Land Use Map LD LD D e Current Land Use Designation: L.D. LD L Location IND D Lirnted Industrial RC IN p LD P Goo o "a 1200 Feet Parcel bas. map information provided by Dakota County Land aaney Department D-mber 2005. N Zoning Information maintained by City titan. City of Evan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 1 LD Cu CU O CU co,, O UCD a ~ °a s i m O x ~ `m ~ CU H N w d O i r w ~ W m 2 fG S N S N N > U S. J I I I I . I I . . I I ~I U N ~ W ~ ■ ~ O I • Q 4k • ~ ~ Q J LL. ~ 2 O 3.M wn NIYNO 00'95SS 3.Li.ZD.DDN 3yQ3 INI'1 Nlnn of J 3uYNIYNo .7 0 - - - - - - - d 9R - k' Y3y 1lI 1N nn - D III olQj Op QI U` 1 oI m O I Q - ~ 3Nn at ~a~ oraa3ia ~ I I I c- 44 w W Z I _ m H I' ` f-r rr I~ I R R , ~ 0 a ' C J CC I L I ~I I 1 I" ~ ~ ~ ~D I~ ~ I 1 Z 0 I iioz - - I4 N H Q ni I 9 cu 1 N • I ' U I N N j e I U Q = ' N I W 1 , O O ■ a U I>3 O O - ' A I c Q ~ I ~ go Q 6r ~ _ ~ z cl: J _o Q H I ~1E s >P C14 D Q I rnN 3u NN - ~ „ ~ ~ oI c _ I 6 9 I m o Z Cr a I 9 & t Q I N ~ Q O 1 5 INS 30N33 000N V W 00.90 9.11.20.00S C-) ® s inN3Ad 3NAVOSIB 3NIl tl3M3i AWAIMi A______ . 3NIl MYN .2I ~ I.- im N.GY. it 005 _ _ - _ - - - _ _ - I SITE PLAN ~zl a u h+~ i t r~ F r: ~ 91 Z IS ~ V S E f r r / o J 'r 'h /ri/j U 11 ham`' mac. ,,~G/~i+ Pe~I(? ~ ~ f C/- v ~;7 t7 RECEIVED APR 1 2007 v/% l y AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JUNE 5, 2007 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Schedule Hearing for Acquisition of Core Area Properties by Eminent Domain F. OTHER BUSINESS G. RECESS to Executive Session to discuss the possible acquisition of the Budget Host Motel property at 2745 Hwy 55 and the Hart Property at 3850 Cedar Grove Parkway and Requests for Extensions of Occupancy for Grand Slam and Life Span at the Cedarvale Mall. i Agenda Information Memo Eagan Economic Development Authority Meeting June 5, 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 May 15, 2007 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the May 15, 2007 EDA meeting on pages 142:143 141 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota May 15, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, May 15, 2007 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Tilley, Commissioner Carlson, and Commissioner Bakken. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Director of Public Works Colbert, and City Attorney Bauer. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the minutes of the May 1, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS There was no old business. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT JOINT POWERS AGREEMETN WITH THE DAKTOA COUNTY CDA TO COORDINATE DEMOLITION SERVICES FOR CITY OWNED PROPERTIES Community Development Director Hohenstein discussed an agreement between the City and the Dakota County CDA under which the CDA will coordinate the selection of contractors and the management of contracts for the environmental remediation and demolition of buildings in the Cedar Grove redevelopment area. Commissioner Fields moved, Commission Carlson seconded a motion to adopt a resolution to approve a joint powers agreement with the Dakota County CDA to perform the procurement and contract management of demolition services for City owned properties in the Cedar Grove Redevelopment District Core Area. Aye: 5 Nay: 0 OTHER BUSINESS There wasno other business. i Councilmember Tilley moved, Councilmember Bakken seconded a motion to recess the meeting at 9:30 until the Administrative Agenda portion of the regular City Council meeting. Aye: 5 Nay:0 In conjunction with the City Council: Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the addition of the language noted in the Administrative Agenda to the purchase agreement for the Kelly Plourde property to indicate that the acquisition is in lieu of eminent domain. Aye: 5 Nay: 0 Commissioner Fields moved, Commissioner Carlson seconded a motion to adjourn the meeting at 9:45 p.m. Date Thomas Hedges, Executive Director 145 Agenda Memo Eagan City Council Meeting June 5, 2006 1. CEDAR GROVE REDEVELOPMENT DISTRICT - SCHEDULE PUBLIC HEARING TO CONSIDER USE OF EMINENT DOMAIN TO ACQUIRE CORE AREA PROPERTIES ACTION- TO BE CONSIDERED To approve a resolution to schedule a public hearing on July 17, 2007 to consider the use of eminent domain for the acquisition of the properties in the Cedar Grove Core Area that have been designated for redevelopment, as noted in the packet attachments 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. • At the present time, the City is in the process of screening proposals for consideration of selection of a new master developer of the core redevelopment area to initiate the next phases of the redevelopment of the Core Area. • With the exception of the Cedarvale Lanes and Jensen's properties, the redevelopment of the Core Area anticipates the acquisition and redevelopment of all other properties within the district. • Over the past five years, the City has undertaken negotiations with willing sellers on a case by case basis as interested property owners have come forward. The Council and EDA have authorized each of the negotiations as requests have come forward. As a result of those efforts, at this time the City has control of over 75% of the redevelopment ` properties in the Core Area negotiations have occurred with the owners of a number of additional properties. • 17 properties representing 22% of the core land area remain to be acquired. The City has communicated its interest in acquisition with all parties and has had some contact about possible acquisition with all but two of the property owners. • To date, the City has acquired the majority of properties in the redevelopment area through negotiation. In the redevelopment areas, the City has only used eminent domain in situations in which the property owner has requested it or where efforts at negotiated acquisition have failed. As the Council and EDA have previously noted that the 2006 amendments to the eminent domain law have created a deadline for the use of the tool. The deadline is five years from the certification of the district, which in Cedar Grove's case will be July of 2008. • Under the TIF requirements, to be eligible for TIF reimbursement, expenditures need to be made within five years of certification of the district, or July of 2008 as noted above. In discussions with the City Attorney's office, it has been indicated that in order to expend funds for acquisition under the TIF guidelines, a decision for the use of eminent domain would most likely be needed to be made no later than the summer of 2007. • At its meeting of March 20, 2007, the EDA and City Council authorized the preparation of appraisals on those properties for which appraisals were not available. That process is underway at this time. Notices were mailed to the property owners indicating that the appraisals would be conducted to permit the City to make offers on the properties. • The City Attorney will continue in the direction given and the first step in any acquisition will be an offer to negotiate on the basis of the appraisal. In light of the deadline noted above, the City Attorney has advised that in order to facilitate the use of eminent domain, should it become necessary, the EDA and City Council should begin the process by which the tool may be used as acquisition discussions move forward. • As a consequence, staff and the City Attorney are requesting that the EDA consider the scheduling of a public hearing to determine whether to proceed with eminent domain to bring about the acquisition of the remaining properties. To permit time for proper written and published notice, the next available daze for the hearing would be on July 17, 2007. ATTACHMENTS: ➢ List of properties remaining to be acquired and map on pages through 53 ➢ Resolutions on pages through 153 145 CEDAR GROVE REDEVELOPMENT - CORE AREA Properties Remaining for Acquisition PIN Address 1. 101690102001-3830 Sibley Memorial Hwy (Shell Station) 2. 101690101000 " 3. 101690104001-3880 Sibley Memorial Hwy (Minnesota's Credit Union) 4. 101690103000 " 5. 101690104000 " 6. 101370007001-3925 Sibley Memorial Hwy (Competition Engines) 7. 101370005001-3945 Sibley Memorial Hwy (Mediterranean Cruise Cafe) 8. 101370004001-3955 Sibley Memorial Hwy (Larson Automotive) 9. 101685003101-3902 Cedarvale Dr (Parranto/Delta Homes/Allstate) 10. 101685006001 " 11. 101685005001 " 12. 101685004001 " 13. 101370002001-3975 Sibley Memorial Hwy (Sherwin Williams) 14. 101685012301-3904 Cedarvale Dr (American Accounts and Advisers) 15. 101682012201-3906 Cedarvale Dr (American Accounts and Advisers) 16. 101370001001-3985 Cedarview Dr (Superior Collision and Paint) 17. 100190001003-3890 Nicols Rd (Custom Hitch-U-Store) 18. 100190001008-3946 Nicols Rd (Rudy's Auto Service) 19. 100190005008-3995 Cedarvale Dr (Sara's Super Laundry Center) 20. 100190003008-3998 Sibley Memorial Hwy (Nulls Power Equipment) 21. 100190009008-4015 Cedarvale Dr (Colonial Car Wash) 22. 100190010008-4030 Cedarvale Dr (House of Wing) 23. 100190007306-3910 Cedarvale Dr (Haugen CPA) * All addresses are located in Eagan, MN 55122. J~ i W a 5 m~ oLL J9 m in - CL Cal m o y / m0 00 O N ` l ` V L -a. a c b u Q m E J - a o oa a 0 LU to lu I- p o in .,F a Q v IL ° v N z I W pro a + o z O Q M* z _ d Q a U W Ix Pl` - Q 0 1 J m h \ v' ~w i e h W z w. W U m W\ v z M } \ w -LAJ ~ v \ OHO v z y a€ v r W > 8 2 O y J g e; W Q y 3 a- lip uj .c 0 z € z , Q z Q cr) \W } f0 16,0 U \ . M uw~F I L-1 J J K S t z a~ o Ll Z c 'a F Lp € _j Z J 2 W 0J ,Q mil'. S az V~zz o. . - O e O W r- V W W CO) C! W aza O, _ W W Y W M ti O z Z K a W O W r _Lf v t~... ' a W Z - (Wj Z PO "107~N .y W Q J d' W 7 z U f g w 0; g g o S ~ y V d C ~ W W ~ 0z ~ 9 y pp .y W Q F h O *,,..w . z W a .4 e ,~s Ge I q-7 EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO SCHEDULE PUBLIC HEARING ON JULY 17, 2007 TO CONSIDER AUTHORIZATION OF EMINENT DOMAIN TO ACQUIRE THE REMAINDER OF THE CEDAR GROVE CORE AREA PROPERTIES FOR REDEVELOPMENT PURPOSES BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to schedule a Public Hearing on July 17, 2007 to consider authorization of an eminent domain action to acquire the remaining Cedar Grove Core Area properties listed in the attached Exhibit A for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION 1, 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 5 h day of June, 2007. Jon Hohenstein, Secretary/Deputy Executive Director I T~ i Err A CEDAR GROVE REDEVELOPMENT - CORE AREA Properties Remaining for Acquisition PIN Address 1. 101690102001-3830 Sibley Memorial Hwy (Shell Station) 2. 101690101000 " 3. 101690104001-3880 Sibley Memorial Hwy (Minnesota's Credit Union) 4. 101690103000 " 5. 101690104000 " 6. 101370007001-3925 Sibley Memorial Hwy (Competition Engines) 7. 101370005001-3945 Sibley Memorial Hwy (Mediterranean Cruise Cafe) 8. 101370004001-3955 Sibley Memorial Hwy ( Larson Automotive) 9. 101685003101-3902 Cedarvale Dr (Parranto/Delta Homes/Allstate) 10. 101685006001 " 11. 101685005001 " 12. 101685004001 " 13. 101370002001-3975 Sibley Memorial Hwy (Sherwin Williams) 14. 101685012301-3904 Cedarvale Dr (American Accounts and Advisers) 15. 101682012201-3906 Cedarvale Dr (American Accounts and Advisers) 16. 101370001001-3985 Cedarview Dr (Superior Collision and Paint) 17. 100190001003-3890 Nicols Rd (Custom Hitch-U-Store) 18. 100190001008-3946 Nicols Rd (Rudy's Auto Service) 19. 100190005008-3995 Cedarvale Dr (Sara's Super Laundry Center) 20. 100190003008-3998 Sibley Memorial Hwy (Nulls Power Equipment) 21. 100190009008-4015 Cedarvale Dr (Colonial Car Wash) 22. 100190010008-4030 Cedarvale Dr (House of Wing) 23. 100190007306-3910 Cedarvale Dr (Haugen CPA) * All addresses are located in Eagan, MN 55122. 149 W CL z Q C' m O O O N r. i G F m V 3 8 d C ~ (D Cl) 1 J j a U 0 N N z U ? O Q N Q cr 0 ca U _ O O N o co It Q U c ca CL b CL O a G m 2 m N z V Ua H U O to $ z.. ® N Z a = O z W ~ar Q c Q z It z W N K a a = 19 r2 J m b w -j H ? IL % S w o Y W Z ~ 0 W y a 9 .2\ 2 .9 G. Ol t z '~.s,y W O J C U\ 70~ U CO) W j~ \ 2\ p 2 z 0 Sad v~ m g o 'dei @ ~O \ m z ` ~w U) z 7-- > A \W Y y'' On w U ti Job r 3 z a r 0 P cc 0- j Z d W z N Z IY o LL z W O w a , o U LL W U) 0 I. U) r 2 C7 0 Z ,n M W W ' Y W r Z 2k: 775 cc I u v W Y Z r ° g - ° w P21 sloo. z._ o w w j at °w < U n 0 Z Z 7 W U, O:z -J = U a f ,!M w w 7 Ira _ ; a a H IL w t H Z W as ~ ~P { 15~ CITY OF EAGAN RESOLUTION TO SCHEDULE PUBLIC HEARING ON JULY 17, 2007 TO CONSIDER AUTHORIZATION OF EMINENT DOMAIN TO ACQUIRE THE REMAINDER OF THE CEDAR GROVE CORE AREA PROPERTIES FOR REDEVELOPMENT PURPOSES BE IT RESOLVED by the Eagan City Council to schedule a Public Hearing on July 17, 2007 to consider authorization of an eminent domain action to acquire the remaining Cedar Grove Core Area properties listed in the attached Exhibit A for redevelopment purposes. 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 5" day of June, 2007. Maria Petersen, City Clerk ~~I Err A CEDAR GROVE REDEVELOPMENT - CORE AREA Properties Remaining for Acquisition PIN Address 1. 101690102001-3830 Sibley Memorial Hwy (Shell Station) 2. 101690101000 " 3. 101690104001-3880 Sibley Memorial Hwy (Minnesota's Credit Union) 4. 101690103000 " 5. 101690104000 " 6. 101370007001-3925 Sibley Memorial Hwy (Competition Engines) 7. 101370005001-3945 Sibley Memorial Hwy (Mediterranean Cruise Cafe) 8. 101370004001-3955 Sibley Memorial Hwy (Larson Automotive) 9. 101685003101-3902 Cedarvale Dr (Parranto/Delta Homes/Allstate) 10. 101685006001 " 11. 101685005001 " 12. 101685004001 " 13. 101370002001-3975 Sibley Memorial Hwy (Sherwin Williams) 14. 101685012301-3904 Cedarvale Dr (American Accounts and Advisers) 15. 101682012201-3906 Cedarvale Dr (American Accounts and Advisers) 16. 101370001001-3985 Cedarview Dr (Superior Collision and Paint) 17. 100190001003-3890 Nicols Rd (Custom Hitch-U-Store) 18. 100190001008-3946 Nicols Rd (Rudy's Auto Service) 19. 100190005008-3995 Cedarvale Dr (Sara's Super Laundry Center) 20. 100190003008-3998 Sibley Memorial Hwy (Nulls Power Equipment) 21. 100190009008-4015 Cedarvale Dr (Colonial Car Wash) 22. 100190010008-4030 Cedarvale Dr (House of Wing) 23. 100190007306-3910 Cedarvale Dr (Haugen CPA) * All addresses are located in Eagan, MN 55122. 152- i N W C. Z g o t- Z Q` o~ ow 0 C4 tn *3 -0 C; (D Q sJ - ? > ? O Q w E F 0 or N ~ €G Oy to U : N a o W a. m Q 0 > O V C,; l0 C. m Q m a Z z U IL H U Q.f uCi z ® N Z ~-a o' W r° F a ,~Q` z a a r W W LLI r us -0 a to 4 \ \ \ W Z \ ti a m Z Q' Z \ ! 12 0) LU h w F J m \ v\ ~7C tCi J w > ? o ttg g UA a. o ug \x t~ ~7 a ci ` W V G 2 c W J c\ p[ W x IX W a z J aZ \ Z 2 OJ p i' W J LL a p V 7 V Q W~ Z nfi>. G e- 2 ci 2 Y - r' - r w 2 s w w pa sj :)iN 7.. C?~.. W Q J W Z K f r W U Z 2 S h Z N QQ j' :3 cy IF i S a V F tlJ W IX - W 7 W 0-' O S K Q a G U ~ a U 0: Z x W Q a~- , Ge day PJe r l 5~ Agenda Information Memo Eagan Economic Development Authority Meeting June 5, 2007 F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION The EDA will be asked to hold an executive session to discuss the possible acquisition of the Budget Host Motel property at 2745 Hwy 55 and the Hart Property at 3850 Cedar Grove Parkway and Requests for Extensions of Occupancy for Grand Slam and Life Span at the Cedarvale Mall. I~~ i