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07/17/2007 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING July 17, 2007 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE 11. ADOPT AGENDA (At approximately 8:00 p.m. the Council will take a short recess) 111. RECOGNITIONS & PRESENTATIONS p. Z. A. Recognition of Animal Control Officer Kathleen Gilbertson's retirement and years of service IV. CONSENT AGENDA A. APPROVE MINUTES B. PERSONNEL ITEMS $ C. APPROVE CHECK REGISTERS q D. APPROVE updated City of Eagan Occupational Safety and Health Manual IC) E. ADOPT City of Eagan Policy to conform with Federal Flag Code 17. F. APPROVE Supplemental Agreement No. 3, Part A for Contract 06-01, TH 149 Reconstruction G. RECEIVE Feasibility Report and Schedule Public Hearing (August 21, 2007), Project 952, Boulder Lakes (Street & T Utility Improvements) 14 H. RECEIVE Easement Vacation Petition and Schedule Public Hearing (August 21, 2007), Lot 5, Block 1, Oster Addition I. APPROVE acceptance of ballistic protection armor for the police tactical team from the Dakota County Domestic Preparedness Agency P. J. APPROVE Joint Powers Agreement with Rosemount and Dakota County (Lebanon Hills Regional Park - Storm Drainage Improvements) V. PUBLIC HEARINGS A. VARIANCE - Minnwest Bank- A Variance to allow a detached trash enclosure and a Variance of 8 feet to the required 25 foot structure setback from a private street located at 1150 Yankee Doodle Road on Lot 1, Block 1, Town Centre 100 17th Addition in the NE '/4 of Section 15. VI. OLD BUSINESS P• 34 A. COMPREHENSIVE WATER QUALITY AND WETLAND MANAGEMENT PLANS 'P, 3 ,B. ORDINANCE AMENDMENT- City Code Chapter 11, Section 11.67 (and related others) adopting the Local Comprehensive Wetland Protection and Management Plan for enforcement. VII. NEW BUSINESS DZ5 A. CONDITIONAL USE PERMIT - Darcom Partnership, LLC - A Conditional Use Permit to allow outdoor storage of commercial vehicles and equipment, scrap metal, trailers and recreational vehicles located at 1299 Eagan Industrial Road on Lots 12 & 13, Block 2 Eagandale Center Industrial Park in the NW '/4 of Section 03. :P, 53B. PRELIMINARY SUBDIVISION - Sumac Ridge - Cascade Partners - A Preliminary Subdivision of 3 acres to create 6 single family lots located at 4395 Dodd Road in the NW '/4 of Section 25. C. PRELIMINARY SUBDIVISION - Sammy Sweet Cheeks - Jeff Hill - A Preliminary Subdivision of one acre to create 3 single family lots located at 2888 Sibley Hills Drive on Lot 6, Post Addition No. 2 in the SW '/4 of Section 4. VIII. LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business E. New Business 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement for Wing Seto Property at 4030 Cedarvale Drive P • 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to consider the use of Eminent Domain for the acquisition of the remaining redevelopment properties in the Cedar Grove Core Area. .F. Other Business 12. G. Adjournment X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. I i I 401~ City of Ema TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 13, 2007 SUBJECT: AGENDA INFORMATION FOR JULY 17, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 17, 2007 City Council agenda, the following items are in order for consideration. I Agenda Information Memo July 17, 2007 Eagan City Council Meeting RECOGNITIONS & PRESENTATIONS A. RECOGNITION OF KATHLEEN GILBERTSON'S RETIREMENT AND YEARS OF SERVICE ACTION TO BE CONSIDERED: To recognize Kathleen Gilbertson, Animal Control Officer, for 28 years of service to the City of Eagan. Agenda Information Memo July 17, 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 July 10, 2007 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the July 10, 2007 regular City Council meeting are enclosed on pages through. 3 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July 10, 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. There were no citizens who wished to be heard. A regular meeting of the Eagan City Council was held on July 10, 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, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Michael Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that Darcom Partnership. LLC has requested that consideration of their conditional use permit for outdoor storage be continued to the July 17, 2007 Council meeting. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS GOVERNOR'S FIT CITY DESIGNATION Glenn Wilson, Minnesota Commerce Department Commissioner and member of the Governor's Health Care Cabinet, made a presentation recognizing the City of Eagan for becoming a Governor's Fit City. Mayor Maguire thanked the Eagan Lions Club, the Eagan Fun Fest Committee and City staff, for a successful 4`" of July celebration. He specifically noted the exceptional volunteer work of Raleigh Seelig. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the June 12, 2007 Special City Council meeting and the June 19, 2007 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Darrin Bramwell as a Fire Inspector. C. Check Registers. It was recommended to ratify the check registers dated June 21, 2007, June 28, 2007 and July 5, 2007 as presented. D. Premises Permit. It was recommended to adopt a resolution approving a premises permit application for the Eagan Hockey Association to conduct a lawful gambling operation at Cooper's Restaurant, 4185 South Robert Trail. E. Massage Therapy Establishment License Renewals. It was recommended to approve 2007-2008 Massage Therapy Establishment License renewals for Cole's Salons, 2131 Cliff Road and 3450 Pilot Knob Road; All about you Salon, 525 Diffley Road; Neuromuscular Connection, 4580 Scott Trail; and Lifetime Fitness, 1565 Thomas Center Drive. F. Tobacco License. It was recommended to approve a Tobacco License for Maliha Aloul, (Eagan Smoke Shop, Inc.), 3450 Pilot Knob Road. G. Grant Amendment. It was recommended to approve a Grant Amendment on behalf of the Dakota County Drug Task Force to receive funding from the Minnesota Office of Justice Programs. H. Final Plat. It was recommended to approve a Final Plat (Rick Skinn Addition) to create one lot on approximately .70 acres located at 4890 Biscayne Avenue in the SE '/4 of Section 36. 1. Removed. Eagan City Council Meeting Minutes July 10, 2007 OP/~'cr Page 2 J. Easement Vacation. It was recommended to receive the petition to vacate all public drainage and utility easements over existing water lines within Lot 2, Block 1, Unisys Park Addition, and schedule a public hearing to be held on August 7, 2007. K. Antennae Lease Amendment. It was recommended to approve an amendment to the Cingular Antennae Lease Agreement for the Safari Reservoir and authorize the Mayor and City Clerk to execute all remaining documents. L. Contract 06-01. It was recommended to approve Change Order No. 1 for Contract 06-01, TH 149 Reconstruction. M. Contract 07-03. It was recommended to approve the Final Payment for Contract 07-03, Citywide Sealcoat, in the amount of $402,447.38 to Pearson Brothers, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. N. Donation. It was recommended to accept a donation of used exercise equipment from the Lifetime Fitness Foundation valued at approximately $1800. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no old business items. NEW BUSINESS CONDITIONAL USE PERMIT - DARCOM PARTNERSHIP LLC Councilmember Fields moved, Councilmember Bakken seconded a motion to continue consideration of a Conditional Use Permit for Darcom Partnership LLC to the July 17, 2007 Council meeting. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT DART OFF-SITE OUTDOOR STORAGE City Administrator Hedges introduced this item regarding a conditional use permit for off-site off street parking and outdoor storage of trailers for DART Transit on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition. City Planner Ridley gave a staff report. Dan Oren, DART Transit, discussed the proposed outdoor storage. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a Conditional Use Permit for off-site off-street parking and outdoor storage of trailers for DART Transit on property legally described as Lot 2, Block 1, Kwik Trip Eagan Addition, in the NW '/4 of Section 12 subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit supersedes all prior CUP's in effect for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The storage area shall be maintained in an orderly fashion. 3. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan dated May 31, 2007. 4. The applicant shall provide a revised Landscape Plan per current City Code requirements. 5. The applicant shall investigate with City staff regarding the incorporation of storm water management features (i.e. temporary parking lot ponding, low impact development) on the site to reduce the rate of runoff from the site to Pond EP-4. 6. The applicant shall obtain a grading permit from the City for the proposed parking lot work on this site. Eagan City Council Meeting Minutes July 10, 2007 Page 3 ~ /1 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE 'l F~ There were no updates. The regular City Council meeting was recessed at 7:15 to immediately convene a meeting of the Economic Development Authority. ADMINISTRATIVE AGENDA City Administrator Hedges discussed the possibility of an informal work session/retreat to be held for the purpose of Council discussion regarding progress made on 2007-2008 goals. Council concurred that a work session/retreat would be scheduled for mid-September. TH 149, Relocation Reimbursement Agreement. Public Works Director Colbert discussed a reimbursement agreement regarding TH 149 reconstruction. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a reimbursement agreement for Contract 06-01 (TH 149 Reconstruction) with MCI/Verizon Business and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Contract 06-08, North Ridge Drive Storm Sewer. Public Works Director Colbert provided information regarding the required acquisition of additional temporary construction easements from non impacted neighbors for installation of additional storm sewer on North Ridge Drive, and the objection of those property owners. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Tilley seconded a motion to recess the regular City Council meeting at 8:30 p.m. into an Executive Session to discuss pending litigation regarding MAC, Carriage Hills, and Diffley Marketplace. Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 10:00 p.m. Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Information Memo July 17, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Retirement/Animal Control Officer-- ACTION TO BE CONSIDERED: To accept the letter of retirement from Kathleen Gilbertson, Animal Control Officer. Item 1. Resignation/Utility Billing/Special Assessments Clerk-- ACTION TO BE CONSIDERED: To accept the letter of resignation from Mary Ann Olson, Utility Billing/Special Assessments Clerk. Agenda Information Memo July 17, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 12, 2007 as presented. ATTACHMENTS: • Check registers dated July 12, 2007 are enclosed without page number. i i Agenda Information Memo July 17, 2007, Eagan City Council Meeting D. APPROVE UPDATED CITY OF EAGAN OCCUPATIONAL SAFETY AND HEALTH MANUAL ACTION TO BE CONSIDERED: To approve the updated City of Eagan Occupational Safety and Health Manual. FACTS: ➢ The City's safety manual which has served as a guide to assist personnel in identifying, evaluating, and correcting potential occupational safety and health hazards in the workplace has been revised. The manual was last updated in March of 1990. ➢ The safety liaison at Arthur J. Gallagher & Company, the City's insurance brokerage and risk management firm, and the City's Safety Coordinator collaborated on the development of the new safety manual. ➢ Members of the senior management team reviewed the document. Additionally, the members of the City's Occupational Safety and Health Committee have provided their feedback on the manual. ➢ Following approval by the Council, the manual will be distributed to all current employees and to new employees as part of their orientation to the City. ATTACHMENTS (1): ➢ Occupational Safety and Health Manual enclosed without page number. Agenda Information Memo July 17, 2007 Eagan City Council Meeting E. ADOPT CITY OF EAGAN POLICY TO CONFORM WITH FEDERAL FLAG CODE ACTION TO BE CONSIDERED: To adopt the flag policy as outlined to align and conform Eagan's practice to Federal Flag Code. FACTS: • Several months ago, senior management team began discussing the need for a more formal approach and policy regarding the lowering of the US Flag to half staff. • Within the past year there have been occasions when the display of the US flag has varied from City building to City building, or given the proximity of City Hall and the municipal campus next to the County library, where the flags have been at different heights. • The public always notices any discrepancy in flag height. • The matter has become more noticeable lately because Minnesota's current Governor has ordered flags lowered at state facilities perhaps more frequently than any previous governor. • A policy has been developed to basically conform Eagan's practice to follow the Federal Code with respect to flying the flag. It means that whenever the US President or the Governor of Minnesota orders the flag lowered, Eagan will do the same at all of its buildings. • The creation of the policy and internal procedures will insure conformity between all City buildings with flags and uniform notification. • Having a policy will also give the City Council a rule to rely on in situations where the City is requested by interested parties to lower the flag. ATTACHMENTS: • Draft City of Eagan policy to conform with Federal Flag Code on page I 10 I' i I DRAFT Flag Lowering Policy City of Eagan Consistent with Flag Code, Title 36, U.S.C., Chapter 10, as amended, it shall be the policy of the City of Eagan that whenever the President of the United States or the Governor of the State of Minnesota order US flags lowered to half-staff on federal or state buildings, that the City of Eagan will also lower its flags during the dates, times and/or holidays specified by presidential or gubernatorial order. Any exceptions to this policy must be approved by the City Council. ~I I' i I Agenda Information Memo July 17, 2007 Eagan City Council Meeting F. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE TH 55 - ALBANO TRAIL ACTION TO BE CONSIDERED: Approve Supplemental Agreement No. 3, Part A 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. 3, Part A, provides for additional common excavation necessary for the removal of existing concrete pavement which is located at varying depths below the current roadway. • The additional common excavation will allow the contractor to construct the roadway in accordance with the contract specifications. (ADD $16,000). The cost of the additional work under this supplemental agreement is being paid at the existing contract unit price and will be paid with the City's Municipal State Aid Funds. • This supplemental agreement has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo July 17, 2007 Eagan City Council Meeting G. PROJECT 952, BOULDER LAKES STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the draft feasibility report for Project 952 (Boulder Lakes Street & Utility Improvements) and schedule a public hearing to be held on August 21, 2007. FACTS: • On April 17, 2007, the City Council received a petition from Matt Miller, representative of the owner and developer of the proposed Boulder Lakes Business Park and authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule for the proposed utility and street improvements to serve the development and the surrounding area. • On May 15, 2007, the City Council approved preliminary subdivision of Boulder Lakes Business Park, located north of Lone Oak Road (County Road 26) along the Inver Grove Heights border in northeast Eagan. • One of the conditions for approval of the proposed commercial/industrial subdivision is the requirement for Council approval of a public improvement project and contract award for the construction of City streets and utilities. • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing for Tuesday, August 21, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo July 17, 2007 Eagan City Council Meeting H. LOT 5 BLOCK 1 OSTER ADDITION EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public drainage & utility easement within Lot 5, Block 1 Oster Addition and schedule a public hearing to be held on August 21, 2007. FACTS: • On July 5, 2007, City staff received a petition from Gary Martinez, property owner at 1409 Oster Drive (Lot 5, Block 1 Oster Addition), near Skyline and Pilot Knob Roads, requesting the vacation of a portion of a public drainage & utility easement within this property. • A 20-foot wide lot line public easement was dedicated on the northern edge of this lot as part of the Oster Addition plat in 1982. • The easement does not cover any known utility lines or provide for drainage of multiple properties. • The petition requests the vacation of 15 feet of the existing 20-foot easement to allow construction of a three-season porch while maintaining rear-yard setbacks. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. ATTACHMENTS: • Location Map, page • Easement Vacation Exhibit, page I~ MENDOTA HEIGHTS INTERSTATE //494 Q Proposed ~o Q Vacation - LONE OAK ROAD ` LONE S J O o' - m ~ O z o~ • x r O Z j E-L YANKEE DOODLE ROAD s~ SILVER BELL RD. i ry r a m 4 1409 Oster Drive I -J Judy City of Ea~~Il 11, Zoo? Proposed Vacation - Location Map Engineering Department Z 3 t ~ _0 1O O 0... C I Q O C h b x o O O a _0 C V) ~ Q m b 0 O N C p e Q V) '~U n tw m ~ m o W u ~ O U h m c Z v) - w z `o o t w In O a' Q '3 p0 X41 0> 0 q c 47 0 'o b U~ U) g c u , .G % O-C U b C N C (U G j [sue 0-0-6 q m C\ V) O b OG7 4W O O ` 0 0 ^ ¢ W N C) I Q y ro 0 w N p h N W b C C) °y 0 03 .~?oG T U 3.t C Q Q i,'o O b .0 In O 7 ? QK) z Lu a r c rn vi a h 40 ~o Q v~o Z °:3 OU Z o o m o~ p° UO E V o I.E h 0_ c y O y o Q) O N Q Q -J a U O Q O U N O co O 4 .G p b O U_ p N -d 7 p A~ 4 rn ~Ua 12 HOC " x wO ~W o 1fj O b U O y >,.O W O N LL M b N -C b U v O C J Z O a { p L Vl Q a ti O O q O Ob O v>~ a t~ 0 0 V 4~ C 1{- d n\ h l~il moo: ti a I =5 co N oa o \ u Z~ t O tr cl~ G ~ ti- LO I o I " I wo I ~ ~ mE o m 4) 1~ r~ I a t c° c° y ~i Q) lu I ~ ~ I `j oy \ 0 a~ b Q II co I I S e° Q~ • p ^ I a,o I o o \ Li U) LO N~ t::.....If.......- O ti i Ix Z N . \ cn ° k O v I q W ML . ~ I Iti J~°o I II I Ix ~Q x Q 33' .....~.6!'9l• - I w ;.,...,...f'DF.,.... - 7-...-.-06 . ....._....a o 1 (n S~ I oh ~ 6~ ry. I I o a oLA I_...0z._.._-4 LO•l l l M„00, IOWN O Consent Agenda Information Memo July 17, 2007 Eagan City Council Meeting CONSENT AGENDA: 1. Acceptance of ballistic protection armor for the police tactical team from the Dakota County Domestic Preparedness Agency. ACTION TO BE CONSIDERED: To approve acceptance of ballistic protection armor for the police tactical team from the Dakota County Domestic Preparedness Agency. FACTS: • The City of Eagan is a member of the Dakota County Domestic Preparedness Agency. • The Domestic Preparedness Agency was awarded a 2006 Homeland Security Urban Area Supplement Grant. • The agency awarded the Eagan Police Department $33,215.55 worth of ballistic protection armor to be used by the police department's tactical team. ATTACHMENTS: No attachments. I~ ~ i I Agenda Information Memo July 17, 2007 Eagan City Council Meeting J. JOINT POWERS AGREEMENT - LEBANON HILLS REGIONAL PARK ACTION TO BE CONSIDERED: Approve a Joint Powers Agreement with Dakota County, Rosemount and Apple Valley for Lebanon Hills Regional Park Storm Water Management and Project 905R and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan's Comprehensive Storm Water Management Plan identifies a concept of providing for the managed conveyance of storm water flows from southeast Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park (LHRP). This improvement, identified as Project 905 was originally approved by the City Council on July 6, 2004, re-approved as 905R on May 1, 2007 and programmed for construction in 2007 in previously approved Capital Improvement Plans. • In April 2006, Dakota County approved a Comprehensive Storm Water Management Plan for LHRP that incorporates the essence of Project 905R as one of its many strategies for managing surface water runoff within the Park. The cities of Rosemount and Apple Valley also contribute runoff into LHRP, all of which eventually flows into Eagan's downstream storm drainage system. • Since the runoff from the LHRP incorporates two watershed organizations (Gun Club Lake & Vermillion River) and will provide for the ultimate drainage from multiple agencies (Dakota County, Rosemount, Apple Valley & Eagan), it took a considerable amount of discussion and negotiations to achieve an acceptable method of cost allocation amenable to all jurisdictions. The end result is a comprehensive Joint Powers Agreements between all agencies. Typical trunk area storm sewer assessments are proposed for Eagan property owners with Dakota County and Rosemount contributing in a similar proportionate manner. • The predominant terms of the JPA are: ➢ Includes the Cities of Eagan, Rosemount and Apple Valley as well as Dakota County (DC). ➢ Eagan will be responsible for constructing the storm drainage improvements associated with Project 905R. ➢ DC and the Cities all agree to a general framework for implementing future storm water improvements as identified in the DC LHRP Storm Water Management Plan. ➢ DC and the Cities will share in and apply the $500,000 DNR Flood Mitigation Grant towards Eagan's Project 905R. ➢ DC will contribute $1,257,450, Rosemount $544,830 and Apple Valley $82,020 to the City of Eagan for Project 905R. ➢ Easements for Project 905R and other Storm Water Plan improvements will be provided at no cost to the other parties. I~ ➢ Eagan will own and maintain the pipes and related infrastructure appurtenances within LHRP for Project 905R. DC will assume all other maintenance and management responsibilities within LHRP, including water quality, wetland preservation and impaired waters management. ➢ DC will not be obligated to contribute to Eagan's Storm Water Utility for those parcels that are being assessed under Project 905R. • Numerous informational neighborhood meetings and formal Public Hearings have been held by Eagan and Dakota County over the past 3 years to effectuate this much needed drainage improvement. On July 10, the DC Board of Commissioners formally approved the JPA. Rosemount and Apple Valley are scheduled to do the same within the next 2-3 weeks. I~ ~ i I Agenda Information Memo July 17, 2007, Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCES- DJR ARCHITECTURES (MINNWEST BANK) ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Variance to allow a detached trash enclosure in the LB zoning district for Minnwest Bank located at 1150 Yankee Doodle Road in the NE 1/4 of Section 15, subject to the conditions in the staff report. To approve (OR direct findings of fact for denial) a Variance of 7 feet to the 25 foot structure setback from a private street, for a detached trash enclosure for Minnwest Bank located at 1150 Yankee Doodle Road Drive in the NE'/4 of Section 15, subject to the conditions in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present FACTS: ➢ The subject lot is zoned LB, Limited Business and requires trash enclosures to be attached the principal building and maintain principal structure setbacks. ➢ The detached trash enclosure is proposed in conjunction with an addition to the building. ➢ The site is bounded by public streets to the north and west, and a private access street to the south. The applicant states the grades to the east are not conducive to structure placement. ➢ The multiple street frontages of this lot, existing grades, and maintaining site circulation around the building present practical difficulties in attaching the trash enclosure to the principal building. ➢ Other design and construction standards for the trash enclosure appear to be met. ➢ The proposed materials match the bank building and berming and landscaping provide screening. 60-DAY AGENCY ACTION DEADLINE: Deadline is August 27, 2007 ATTACHMENTS (1): Planning Staff Report pages through ~v i i i PLANNING REPORT CITY OF EAGAN REPORT DATE: July 12, 2007 CASE: 15-VA-04-06-07 APPLICANT: DJR Architecture, Inc. HEARING DATE: July 17, 2007 PROPERTY OWNER: Minnwest Bank APPLICATION DATE: June 28, 2007 REQUEST: Variance PREPARED BY: Pam Dudziak LOCATION: 1150 Yankee Doodle Road COMPREHENSIVE PLAN: SA - O/S, Special Area - Office/Service ZONING: LB, Limited Business SUMMARY OF REQUEST DJR Architecture, on behalf of Minnwest Bank, is requesting approval of a Variance to allow a detached trash enclosure and a Variance of 7' to the required 25' minimum structure setback from a private street for property at 1150 Yankee Doodle Road, legally described as Lot 1, Block 1, Town Centre 100 17th Addition, located in the NE 1/4 of Section 15. 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. 2-1 i r Planning Report - DJR Architects (Minawest Bank) July 17, 2007 Page 2 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship, f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.70, Subdivision D-7 of the City Code requires trash enclosures to be attached to the principal building within LB, Limited Business, zoning district, and that the enclosure satisfy principal structure setbacks for the applicable zoning district. The enclosure must have an impermeable floor surface, be at least 6' and not more than 10' in height, and be constructed of materials to match the principal structure. Gates or doors to the enclosure must be at least 90% opaque, and the enclosure must be large enough to contain all trash and recyclable materials containers. Section 13.30, Subdivision 4-B states the minimum setback for any structure from the back of curb shall be 25 feet for any through private street. BACKGROUND/HISTORY The property was platted in 1997 and the existing Minnwest Bank building was constructed in 1998. A Conditional Use Permit for the drive-through service was issued at that time. The original site plan showed a 5,000 sq, ft. building, with a future expansion to the south of another 5,000 sq. ft. EXISTING CONDITIONS There is an existing 4,689 sq. ft. bank building on the western portion of the site. Drive-through service lanes are located on the cast side of the bank building, and a storm water pond is on the eastern portion of the lot. The lot abuts Yankee Doodle Road to the north, OLeary Lane to the west and a private drive to the south that serves several parcels. The site is surrounded by developed lots. To the east is a medical clinic, to the south is an office building. Across O'Leary Lane to the west is a Valvoline Oil Change and a Culver's restaurant. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant's narrative, to comply with the ordinance requiring that the trash enclosure be attached "results in practical difficulties as the bank's addition expands south and z~. Planning Report - DJR Architects (Minnwest Bank) July 17, 2007 Page 3 does not leave adequate room between the building's addition and the existing drive that allows the public to access the drive-through." All four sides of the building are visible from public rights-of-way and thus, has "public faces on all sides." In addition, the applicant indicates that the grades on the eastern side of the property "slope drastically down to the retention pond" and "are not conducive to structures." Thus, they are proposing to place the trash enclosure "in the southeast corner of the site" where it is least visible from the traveling public and customers visiting the bank. The trash enclosure "will be constructed of the same materials as the existing building and a landscaped berm will be created to block its view from the access road." Additionally, the applicant submitted several examples within the City of other detached trash storage in similar commercial zoning districts. While City Code does require that trash enclosures be attached to the principal building in commercial zoning districts, there are some instances where detached trash enclosures have been approved. EVALUATION OF REQUEST The proposed detached trash enclosure is in a location less visible to the public than if it were attached to the building. With berming and landscaping, the enclosure will be screened from the south and east. In the southeast corner of the site, its view from Yankee Doodle will be screened by the principal building and other landscaping. This detached location also allows trash pick-up access with the least interference to site circulation. Traffic is one-way through this part of the site, further reducing potential conflicts. The proposed location does not interfere with stacking for the drive-through lanes and is located away from the main parking lot and building entrance. As noted in the request, the proposed location results in a setback of 18' from the curb of the private street to the south. City Code requires a 25' setback from the back of curb, thus resulting in a 7' setback Variance. Shifting the proposed trash enclosure further from the curb would interfere with parking, and locating it west of the driveway or elsewhere on the site would result in other conflicts - a location at the main customer entrance, or closer and more visible to public streets, or interference with other site circulation. Five trees that were installed as landscaping with the initial construction will be removed to accommodate the building addition and trash enclosure. Five new trees will be planted - two shade trees are proposed on the southwest corner of the site, and three evergreens on the berm around the trash enclosure. There are existing shade trees along the west side of the property, but these do not provide the required 75% screening of the parking lot from the public right-of-way. The Landscape Plan should be enhanced to include shrub beds or other plantings to provide screening of 75% opacity to a height of 3 to 4 feet as required by the City Code. 2.3 Planning Report - DJR Architects (Minnwest Bank) July 17, 2007 Page 4 The proposed trash enclosure appears to meet other design standards set forth in the City Code. Building elevations have been submitted that show the bank building addition, as well as the trash enclosure construction. Cross sections showing views of the proposed trash enclosure, with berming and landscaping, have also been provided. The trash enclosure is proposed to be constructed of rock face block and brick to match the building. It is 7 feet in height, 14 feet wide and 10 feet deep. The bituminous surface will be extended into the enclosure, and the gates are proposed to be painted wood. SUMMARY/CONCLUSION The proposed Variances would allow a new detached trash enclosure to be constructed on the southeast corner of the site in conjunction with a 4,278 sq. ft. building expansion. The multiple street frontages of this lot, existing grades, and maintaining site circulation around the building present practical difficulties in attaching the trash enclosure to the principal building. Other design and construction standards for the trash enclosure appear to be met and with materials to match the bank building, berming and landscaping, the proposed detached trash enclosure appears to be in keeping with the intent of the zoning ordinance. ACTION TO BE CONSIDERED To approve a Variance to allow a detached trash enclosure in a LB zoning district for property at 1150 Yankee Doodle Road, legally described as Lot 1, Block 1, Town Centre 100 17th Addition, located in the NE 1/4 of Section 15. 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 Landscape Plan shall be enhanced to include shrub beds or other plantings on the west side to provide screening of 75% opacity to a height of 3 to 4 feet as required by the City Code. To approve a Variance of 7' to the required 25' minimum structure setback from a private street for property at 1150 Yankee Doodle Road, legally described as Lot 1, Block 1, Town Centre 100 17th Addition, located in the NE 1/4 of Section 15. 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. 2q Eagan Boundary /V Parcel Area Location Map [:~j: Park Area - Building Footprint B ! m . 1 0. ORO ~r Sub'ect Site • lot 4 a 0 0 w 1r qQ r F--~-, 7in. till e R s * Y rata bd a A- minim ern.e.ar ♦ At ads i ♦ y ■ r r• ~J s p rr dip to 1000 0 1000 2000 Feet Development/Developer. Minnwest Bank Application: Variance Case No.: 15-VA-04-06-07 Map Prepared using ERSI ArMew 3.1. Parcel base map data provided 2.5 N by Dakota County Office of GIS and is current as of April 2005. City of Ealan THIS MAP IS INTENDED FOR REFERENCE USE ONLY W 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. i f ~ V / 4 ~ N W o o w C-A O to z U) Q W U z w !9 a a J r W a vii o CL U. LL ¢ D © m cl) W cq co N v O ov v z W LL U H m O W fA p 04 Q= z W j o N LL r O co }M} d 0. aW m C7Q~ C9~ W 0. e Z J O r Y m Q Z J W a N m 0. Z I I j I I j I I I I I I I ~ I ~ j j I $ III j I ~7 - - - I I Del i i ow-V 0 i co I I / Z o CL I I Q co n Ile I J co j o ~ I U) 0 I I M CD I I ' - - - - - - - - - - - - I I EXISTING CONDITIONS 2~ j j i S 4 S C4 u C4 o b o C~d S >a O Z co U W !L ~ r pW J o ypq~ QQQN W~ } Q K Q L3 o w ~ y ti § W Y ~ ~ oo U1.1 1. 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' PROPOSED SITE PLAN NEW NIFERS METAL FLASHING 4" FACE EIRICK 4" BURNISHED BLOCK EXISTING 16" ROCK FACE BLOCK TREE eNEW MERM2 3TRA61-4 ENCL. - VIEW FROM RETENTION POND (EAST) D I/4" , p_0" A,, NEW CONIFERS ~NEUI BERM EXISTING 2 EXISTING TREE TREE TR,4SN ENGL. - VIEW FROM ACCESS DRIVE (SOUTH) METAL FLASHING 4" FACE BRICK 4" BURNISHED BLOCK EXISTING NEW CONIFERS TREE 16 " ROCK FACE BLOCK NEW BERM EXISTING 2 TREE TRASH ENCL. - VIEW FROM PARKING LOT (WEST) BERM TO BLOCK VIEW EXISTING TREE TO TRASH ENCLOSURE FROM ADJACENT EXISTING TREE DRIVE. F'$ PAINTED WOOD GATE METAL FLASHING 4" FACE BRICK 4" BURNISHED BLOC 9 16" ROCK FACE BL r NEVI CONIFERS TRASH ENCL. - VIEW FRROM PARKING LOT (NORTH) Dla 1/4" - 1'-0" CROSS-SECTION VIEWS T o ° b o Z CL m o d Q CV CXD CV i Q } w ° ui a g z ~ r'n ! 0 o~w C9 ° - ZKa - Z Z w O @5 ~ w cl o mO..s N $ (n ° aooo 3 ~ Q Ld zo oZ ~~'m F Y »a ~ C ~LL 0 z ZW o Wmw00 ~ Q vi~U x U~VyU 4mmm F p W Q 4) ca W m lI N cli w w X30 4q ELEVATIONS i r Z? o N ~ O o 0 Q O Z H U aQ~ ~ v a a V1 D W 0) 0) a) O ~0~ Z CD VC zo ga Q W (D zz O ~ N J fS Li y 0 LLJ r------------- I C-) I Clt= I I - I r T ~ I , I I ~ I I I , I III I L__ _ 1.___J $ ~]I n I I $ I ~ I I I i I I 0 I ~ I Q I ~ I Y o D I M I c I W M I I j o ~ 0 g o L - - - - - - - - - - - - - - - - - - - - - - - - - I FLOOR PLAN ~m T ARCHITECTURF PLANNIM1fG URBAN DESIGN 333 vVJ' SIAINGION AVL. N. SUITL 210, UMON PLAZA M INNEAPOL1S, MN 55401 [DJ R P1IONC:61 2.676.2700 7A ,i r.,:,:c- * i!, m. Ara;:.-. f,A.X: 612.676.2796 July 5, 2007 Pamela Dudziak City of Eagan Planning Department 3830 Pilot Knob Road Eagan, MN 55122 Re: Written Narrative Request for Detached Trash Enclosure and Setback Variances Minnwest Bank Addition - 1150 Yankee Doodle Road Property ID 10-77066-010-01 Ms. Dudziak, Minnwest Bank is requesting a detached trash enclosure and a setback variance. Below you will find the information requested describing this variance proposal. Comprehensive Guide Plan designation: No change requested Existing: Special Area #4 - Central Area Proposed: Special Area #4 - Central Area Only the northeast quadrant of this area has had its specific goals and policies defined. Our location is in the southeast quadrant. Zoning classification: No change requested Existing: LB - Limited Business Proposed: LB - Limited Business Existing land uses on subject property: The subject property is currently used as a bank. Surrounding land uses and zoning within 660 feet: West of O'Leary Lane: Zoning: PD - Planned Development Land uses: Restaurant (Culvers), Service (Valvoline), Commercial (Checker Auto Parts), Office Space. South and East of property: Zoning: LB - Limited Business Land uses: Offices pace, medical clinic. North of Yankee Doodle Road: Zoning: PD - Planned Development Land Use: Water retention pond for adjacent town homes. RECEIVED JUL 0 5 20131 r,ft 2- I Description/Timing: As a Limited Business (LB) use, the zoning code requires an attached trash enclosure. To comply with this ordinance results in practical difficulties as the bank's addition expands south and does not leave adequate room between the building's addition and the existing drive that allows the public to access the drive- though. Bounded by Yankee Doodle Road to the north, O'Leary Lane to the west, and a private through street to the south, the site has three street frontages or "faces". In addition, the east side of the building is clearly visible from Yankee Doodle Road. The existing grades adjacent to the eastern parking lot and drive- through also slope drastically down to the retention pond. With public faces on all sides and a eastern grade that is not conducive to structures, we are proposing to place the trash enclosure on the southeast corner of the existing parking lot, closest to the private access drive, or the least "public" face. In doing so, the trash enclosure will infringe into the 25' required setback by 7'. The exact placement of the enclosure in this location was determined by existing infrastructure that must also be maintained, as directly to the northeast of the enclosure is an existing catch basin that must remain clear. The proposed trash enclosure will be constructed of the same materials as the existing building (brick and rock face block) and a landscaped berm will be created to the south in order to partially block the enclosure's view from the private through street. We have completed a review of other businesses in the same zoning district, as well as the other districts that require an attached trash enclosure (NB, GB, CSC and RD) and we found 13 examples of businesses within these districts that have detached trash enclosures or areas. Photographs and data of these examples are attached to this variance request. Please let me know if you have any questions. Thank you, DJR Architecture, Inc. Aotr~~ Sara Guyette, AIA Associate P:\djr-arch12005105-0183 - Minnwest Bank - Eagan\word\Variance\Variance Application _07-0705_DLH.doc Agenda Information Memo July 17, 2007 Eagan City Council Meeting OLD BUSINESS A. WATER QUALITY & WETLAND MANAGEMENT PLAN ACTION TO BE CONSIDERED: 1) Approve the Water Quality and Wetland Management Plan for the City of Eagan dated July 2007 and 2) Recognize the contributions of the three citizen representatives on the Water Quality Task Force. FACTS: • The City of Eagan adopted the first Water Quality Management Plan (WQMP) in 1990. It received the Met Council's Policy Implementation Award in 1991, and the U.S. Environmental Protection Agency recognized the program as tops in the nation in 1996. • In a 2005 survey of City residents, 99 percent said good water quality was very or somewhat important. Nearly half said they visited Eagan parks with lakes at least 5 times per year, with almost 20 percent going to lake parks more than 15 times annually. • Significant changes have occurred nationally and within the state regarding surface water management since 1990. Some Eagan lakes will not meet new water quality standards mandated by state and federal regulations. The City of Eagan has additional responsibilities to meet changing regional, state, and federal mandates for urban stormwater and wetlands management. Staff's understanding of the interaction of Eagan's lakes and wetlands is improving and management strategies are evolving. • To help address this changing environment, the City Council established a 13-member Water Quality Task Force in 2005 to guide development of an upgraded Water Quality and Wetland Management Plan (WQWMP). The objectives were to build on successes of the 1990 Water Quality Management Plan; to consolidate and incorporate relevant policies, plans, and programs instituted since 1990; and to position Eagan to address efficiently and effectively the issues and needs of its surface water resources for the next 10 years. • On October 17, 2006, the City Council received the draft WQWMP and authorized a 2- month public review from October 18 to December 18, 2006. On November 13, 2006, the City held a public open house. • The policies and provisions of the draft WQWMP address the following federal and state regulatory programs: 1. Federal stormwater management and operations: National Pollutant Discharge Elimination System (NPDES) and Municipal Separate Storm Sewer System (MS4) permit); 2. Federal impaired waters/Total Maximum Daily Load (TMDL) studies and plans; and 3. State lake water quality standards. • The updated WQWMP highlights the following: o Wetland Management Approach: Prioritize and manage wetlands based on functions performed and value to the community. Includes protection, enhancement and restoration of wetland resources, as well as a wetland assessment and classification system to establish priorities and focus on available resources. All wetlands are protected to some degree in this plan. o Lake Management Philosophy: Manage lakes to achieve a clear-water condition that includes a diverse community of plants, mainly dominated by native emergent and submergent species. This condition is natural for lakes in this region of Minnesota. An abundance of native plants minimizes the likelihood that non-native species will become a problem. State water quality standards support achieving this condition. ~,_3q I i FACTS, cont'd. • The updated WQWMP states the following GOALS: 1. Manage surface water resources using scientifically-based, common sense approaches; 2. Control watershed loadings to help meet or exceed surface water quality requirements; 3. Protect surface water resources from impacts of land development and re- development activities; 4. Manage wetlands in compliance with all regulations and according to the community's values and priorities; and 5. Foster citywide support for surface water management goals through an active education program. • In accordance with authority granted by Minn. Stat. § 103B.211, the Black Dog Watershed Management Organization, the Gun Club Lake Watershed Management Organization, and the Lower Minnesota River Watershed District have all formally approved Eagan's local water management plan (including the Stormwater Management Plan and the WQWMP). Minor revisions to the current Stormwater Management Plan have been implemented as a result of the reviews by the adjacent watersheds. • In addition to Council members Maguire and Fields; Barbara Naramore, Paul Leeder, and Tim Callister were selected by the City Council as the three citizen representatives on the Water Quality Task Force. Each of them consistently attended the task force meetings and provided significant contributions in the creation of the WQWMP. City staff is grateful for their participation on the task force and *for the Council's selection of these dedicated community members. 35 T Agenda Information Memo July 17, 2007 Eagan City Council Meeting B. ORDINANCE AMENDMENT - CITY OF EAGAN WETLANDS PROTECTION & MANAGEMENT REGULATIONS ACTION TO BE CONSIDERED: Approve an Ordinance Amendment to modify Chapter 11, with the addition of Section 11.67, Wetlands Protection and Management Regulations, and modify all related existing sections (10.25; 11.65, Subd. 9(J); 4.32(B); 11.30) accordingly, by addressing wetland protection and associated regulations as incorporated within the approved Water Quality and Wetland Management Plan for the City of Eagan dated July, 2007. REQUIRED VOTE FOR APPROVAL: Majority of Quorum. FACTS: • On August 16, 2005, the City Council established a 13-member Water Quality Task Force to guide development of an upgraded Water Quality and Wetland Management Plan (WQWMP), including the consolidation and incorporation of relevant policies, plans; and programs. • On October 17, 2006, the City Council received the draft WQWMP and authorized a 2-month public review from October 18 to December 18, 2006. On November 13, 2006, the City held a public open house. • Since the end of the WQWMP public review period, City staff, with the assistance of the City Attorney and consultants, have drafted wetland protection and management regulations consistent with the draft WQWMP. • On June 20, 2007, the Advisory Planning Commission (APC) held a public hearing on a draft Ordinance Amendment to Chapter 11 to establish new Wetland Protection and Management Regulations and unanimously recommended the City Council's approval. Minor grammatical revisions to the ordinance language were incorporated to the draft amendment as recommended by the APC. • Approval of the amendment would enable the prioritization and management of Eagan's wetlands based on the functions they perform and their values to the community. • The proposed regulations may apply when any parcel of land with a wetland is subdivided to create a new lot or when a new principal structure is constructed on an existing vacant parcel of land; or when redevelopment occurs on a parcel of land with a wetland; or when any new construction or Wetland Alteration Activity occur on a parcel of land with a wetland. • The new ordinance language may have some of the following impacts on new development and redevelopment submittals: o Calculate and sustain predevelopment water quantity and quality levels o Conservation easements over wetlands and wetland buffers encompassing wetlands o Reimbursement of parkland dedication fees from the Water Quality fund o Reduce intensities of hard surfaces and encourage low impact development (LID) • The new ordinance would streamline city administration of the Wetland Conservation Act (WCA) and would enable city staff to more quickly respond to sequencing and varied replacement requests as encountered in some developments. • Denying the ordinance amendment would leave the City to implement statewide wetland conservation rules (MN Rules Ch. 8420) as it does now. ATTACHMENTS: • Draft Ordinance Amendment, pages through ~J . • APC Minutes and Report, pages through S ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY ADDING SECTION 11.67 REGARDING WETLANDS PROTECTION AND MANAGEMENT REGULATIONS; AND BY DELETING SECTION 10.25 IN ITS ENTIRETY; AND BY AMENDING SECTION 11.65, SUBD. 9(J); AND BY AMENDING SECTIONS 4.32 AND 11.30 REGARDING DEFINITIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.67 to read as follows: 11.67 WETLANDS PROTECTION AND MANAGEMENT REGULATIONS Subd. 1. COUNCIL FINDINGS AND INTENT A. The Council finds that wetlands serve a variety of beneficial functions. Wetlands maintain water quality, reduce flooding and erosion, provide food and habitat for wildlife, provide open space, and are an integral part of the City's environment. Wetlands are important physical, educational, ecological, aesthetic, recreational and economic assets to the City. They are critical to the City's stormwater management and other aspects of health safety and general welfare. Regulating wetlands and the land uses around them is therefore in the public interest. B. In order to protect wetlands, the Minnesota Wetland Conservation Act of 1991 (hereinafter referred to as the WCA) and any future amendments thereto are adopted by reference as though set forth verbatim herein. Any activities exempted from the provisions of the WCA are also exempted from the requirements of this Section, insofar as they relate to the WCA. The provisions of this Section cover all wetlands, as defined herein and including those governed by the Department of Natural Resources. Subd. 2. PURPOSES AND IMPLEMENTATION A. Through the adoption and enforcement of this Section, the City will promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands, and requiring sound management practices and mitigation when development occurs in the vicinity of wetlands. Through the implementation of this Section, the City seeks to accomplish the following r 1. To satisfy the requirements of the WCA and, thereby, achieve no net loss of wetlands within the City. 2. To streamline the City administration of the WCA by providing sequencing and varied replacement requirements based on the functional values of the wetland and resulting management classifications. 3. To allow a ro riate usage of wetlands to reserve water quality and prevent downstream flooding. 4. To protect and restore wetlands adjacent to Contiguous Open Green Space. 5. To address potential nonpoint source impacts from future development with the establishment of Wetland Buffer requirements to complement existing stormwater requirements. 6. To enhance wildlife values of wetlands. 7. To identify potential wetland banking areas. 8 Manage wetlands for their sensitivity to stormwater. B. To accomplish these purposes, the City will: 1 Utilize and continue to complete its wetland inventory and utilize related assessment information for wetlands in Eagan. 2. Utilize Eagan's Water Quality and Wetland Management Plan and the provisions of this Section. 3. Establish conservation easements over wetlands and Wetland Buffers that are subject to this Section. Subd. 3. DEFINITIONS BUILDING SETBACK: For purposes of this Section, the minimum horizontal distance between the nearest point of a building or the principal structure and the edge of the Wetland Buffer. CONTIGUOUS OPEN GREEN SPACE: Interconnected natural areas that can provide adjacent upland habitat and/or provide habitat connections between wetlands that were identified and mapped in a 2002 study of Ea an's land cover by the Dakota County Soil and Water Conservation District. MINNESOTA ROUTINE ASSESSMENT METHOD (MNRAM): A methodology approved by Minnesota Board of Water and Soil Resources that assesses wetlands based on their ability to perform desired functions, such as improving water quality, reducing flow rates, and providing fish and wildlife habitat and that evaluates characteristics such as plant community diversity and structure, connectivity to other habitat types, location in the watershed and a wide range of other factors. NATIVE VEGETATION: Plants original to the Twin Cities area and not introduced as a result of settlement or subsequent human activity. NO GRADE ZONE: The portion of the Wetland Buffer where no grading or Wetland Alteration Activity is permitted. PLANT COMMUNITY: An interacting assemblage of plant populations sharing a given habitat. PRINCIPAL STRUCTURE: A building or structure that is the primaIW/ rincipally used structure on a lot. REDEVELOPMENT: The removal of the principal structure to the extent of more than 50 percent of its market value or size and (2) reconstruction on the same property. It is not considered redevelopment if construction is for less than 75 percent of a principal structure that was damaged by an involuntary force, such as fire, wind, or vandalism. OTHERSTRUCTURE: Any non-principal structure or piece of work artificially built up or composed of parts joined together in some definite manner. WETLAND: Lands transitional between terrestrial and aquatic ecosystems, where the water table is usually at or near the surface or the land is covered by shallow water. Consistent with the WCA, wetlands are to be identified and delineated using the methodology set forth in the Federal Manual for Identif,%jng and Delineating Jurisdictional Wetlands (Interagency Force on Wetland Delineation, 1987). For purposes of this definition, wetlands must have three of the following attributes: 1. Contain a predominance of hydric soils; 2. Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydroph is vegetation typically adapted for life in saturated soil conditions• 3. Under normal circumstances support a prevalence of such vegetation. This definition does not include wetlands created from uplands either: (1) for stormwater storage and management purposes or (2) by actions not intended to create the wetland and approved, permitted, funded or overseen by a public entity. WETLAND ALTERATION ACTIVITY: Human-induced actions that alter the existing or natural condition of a wetland or Wetland Buffer, including grading, filling, and dredging; dumping, cutting, pruning, topping, and clearing native vegetation; and discharging pollutants (except stormwater . Wetland Alteration Activities do not include walking, passive recreation, fishing, planting that enhances native vegetation, activities that improve the existing or natural condition of a wetland or Wetland Buffer, or other similar activities allowed under the WCA. WETLAND BUFFER: An undisturbed or re-established vegetated area between the wetland boundary and a line parallel to and a horizontal distance (in feet) from the wetland boundar. WETLAND BUFFER WIDTH AVERAGING: Buffer width averaging is allowed under circumstances as defined herein. It is used when a buffer width is below the buffer width minimum in one area and above the buffer width minimum in other areas to meet the total surface area of wetland buffer as required for the wetland as classified. WETLAND BOUNDARY: The line delineating the outer edge of a wetland that shall be established according to the 1987 Corps of Engineers (COE) Wetlands Delineation Manual (Environmental Laboratory, 1987). WETLAND FUNCTIONS: The natural processes performed by wetlands, including providing wildlife and fisheries habitat; facilitating primary production; maintaining the availability and quality of water, such as purifying water, acting as a recharge and discharge area for groundwater aquifers and moderating surface water and stormwater flows; improving stormwater quality; providing aesthetic benefits; as well as performing other functions, including but not limited to those set out in U.S. Army Corps of Engineers regulations 33 CFR Sec. 320.4 (b)(2). WETLAND MANAGEMENT CLASSIFICATIONS: PROTECT: These wetlands are valuable for protection of rare species and have high vegetation or wildlife habitat; OR they have moderate ecological quality and are important for Contiguous Open Green Space. PRIORITY: q-D T These wetlands are important for Contiguous Open Green Space. PRIORITY A: These wetlands have moderate ecological quality and are important for either flood storage or water quality protection. MANAGE: These wetlands are less important for flood storage, water quality protection, or Contiguous Open Green Space than the other classifications of wetlands, but have moderate ecological quality. MANAGE A: Wetlands are important for flood storage or water quality protection but have low ecological qualily. GENERAL USE: Wetlands that have been significantly altered and degraded through past disturbance. WETLAND MANAGEMENT PLAN: The chapter of the City's Water Quality and Wetland. Management Plan set forth in this Code. Subd. 4. GENERAL PROVISIONS A. The provisions of this Section shall apply to any Wetland Alteration Activities within delineated wetlands and designated Wetland Buffers. In accordance with this Section Wetland Buffers and setbacks from Wetland Buffers shall be required under an of the following circumstances: 1. When any parcel of land with a wetland is subdivided to create a new lot or when a new principal structure is constructed on an existing vacant parcel of land 2. When Redevelopment occurs on a parcel of land with a wetland; or 3. When any new construction or Wetland Alteration Activity occurs on a parcel of land with a wetland. In determining whether any Wetland Alteration Activities are occurring, the City will consider the following factors: a. The portion of the property disturbed by the subdivision of land the redevelopment of land, or the new construction drains to a wetland; W r b. City land disturbance and erosion control regulations a 1 • or c. Activi results in a net increase in impervious surfaces that drain to a wetland, or results, in the relocation of impervious surfaces closer to a wetland, or results in changes to drainage patterns (slopes, meander patterns, etc.) that increase the velocity or rate of runoff to a wetland. B. Any unclassified wetland shall be assigned a management classification and incorporated onto the City maps during the City's review and approval process of proposals having Wetland Alteration Activities as provided herein. It is the responsibility of an applicant to have an existing wetland delineated by a Certified Wetland Delineator utilizing approved methods as stated in the WCA and to assess wetland(s utilizing the MNRAM (Version 3.0 or later version) The City shall classify wetlands delineated and assessed accordingly based on the criteria provided in the Wetland Management Plan. C. This Section establishes six wetland management classifications as defined herein Subd. 5. WETLAND SEQUENCING AND REPLACEMENT REQUIREMENTS This Section incorporates the requirements of the WCA, with the exception of the following Rules which are modified herein: • WCA Rules Ch. 8420.0520 Sequencing Requirements • WCA Rules Ch. 8420.0541 Actions Eligible for Credit • WCA Rules Ch. 8420.0543 Location of Replacement Wetlands • WCA Rules Ch. 8420.0546 Size of Replacement Wetlands The modifications to the above-identified WCA Rules are summarized in Table 5-1 and are set forth below: Table 5-1 Management Replacement Location Su lemental Classification Sequencing Ratio Priori Requirements Protect No impact without 3:1 1" On site Replace lost plant & demonstration of significant 2"d Within wildlife habitat public benefit Citv functions and values. Replace lost contiguous open green space linkages and functions Priori No impact without Meet WCA 1" On Site Replace lost demonstration of si nificant Rules 2"d Within coati ous open i t public benefit city green space linkages and functions Priori A WCA sequencing Meet WCA Meet WCA Replace lost requirements apply Rules Rules functions for nutrient removal and stormwater storage. Replace lost contiguous open green spagLlinkaggs Manage WCA sequencing Meet WCA Meet WCA Replace lost plant requirements apply Rules Rules diversity and wildlife functions and values Manage A WCA sequencing Meet WCA Meet WCA Replace lost requirements apply Rules Rules functions for nutrient removal stormwater stora e General Use _WCA sequencing Meet WCA Meet WCA Meet WCA Rules requirements a 1 Rules Rules A. Sequencing Requirements (WCA Rules Ch. 8420.0520) 1. The City will strictly enforce avoidance of impacts to Protected and Priority wetlands. The City may allow impacts to Protect and Priority wetlands only if there is demonstration of significant public benefit. 2. The City may review proposed impacts to General Use wetlands to determine if they meet WCA requirements for Sequencing Flexibility, as described under WCA Rules Ch. 8420.0520 Subp. 7a. 3. The City will follow WCA sequencing requirements for Priority A, Manage, Manage A, and General Use wetlands. B. Actions Eligible for Credit (WCA Rules Ch. _8420.0541) In accordance with Table 5-1, Protect wetlands shall be replaced on a 3:1 total basis. At least 2:1 of total replacement of Protect wetlands is eligible for replacement credit or banking credit as provided in WCA Rules Ch. 8420.0541. The remaining 1:1 of total replacement may follow provisions of WCA Rules Ch. 8420.0541 or maybe fulfilled by other activities found acceptable by the City. Other activities may include but are not limited to: installation of stormwater best management practices (BMPs), increasing flood storage capacities, connecting upland habitat, establishing Wetland Buffers around existing wetlands, expanding Wetland Buffers beyond minimum requirements of this Section, and restoring native ve etg ation. "f T C. Location of Replacement Wetlands (WCA Rules Ch. 8420.0543) 1. Protect and Priority wetlands shall be replaced according to the following riorit : a. On-Site b. Off-site but within the Cit 2. Priority A, Manage, Manage A, and General Use wetlands shall be replaced in accordance with WCA Rules. D. Size of Replacement Wetlands (WCA Rules Ch. 8420.0546) 1. Protect wetlands shall be replaced in accordance with Table 5-1 and an applicant _may complete actions and be eligible for credit as described herein. 2. Priority, Priority A Manage, Manage A and General Use wetlands shall be replaced in accordance with WCA Rules. E. Functions and Values of Replacement Wetlands The functions and values of wetlands the City approves, for draining, filling, or excavation shall be replaced according to the following: 1. Replacements for Protect, Priority, and Priority A wetlands shall provide vegetative diversity and maintenance of a variety of wetland communities-, promote productive wildlife habitat, and have Wetland Buffers that contain native vegetation, The City may require such replacement wetlands to be located within or adjacent to Contiguous Open Green Space. 2. Replacements for Manage and Manage A wetlands shall have one or more of the following functions: stormwater treatment water quality, and/or connectivity to Contiguous Green Space. 3. Replacements for General Use wetlands shall meet WCA requirements. Subd. 6. WETLAND BUFFERS A. This subsection establishes minimum requirements for Wetland Buffers and the associated buffer protection requirements for each wetland management classification, as indicated in Table 6-1. L4 Table b-1 Permanent Wetland Management Vegetative Buffer Minimum Protection Requirements Classification Width feet Requirements Protect Native, 25' no-grade zone around wetland. 50* non-invasive Restore an graded area to native vegetation vegetation**, subject to judgment of city staff. Priori Native, 25' no-grade zone around wetland. 40* non-invasive Restore any graded area to native vegetation vegetation**, subject to judgment of city staff. PriorityA 40 or to edge of 100 Native, Stormwater treatment practices allowed yr HWL whichever non-invasive within buffer, maintain 15' minimum is greater* vegetation Wetland Buffer between the practice and the wetland. Manage Ci 's 25' no-grade zone around wetland. 30* discretion; Restore any graded area to native non-invasive vegetation**, subject to judgment of city ve etation staff. Manage A 20 or to edge of 100 Ci 's Stormwater treatment practices allowed yr HWL whichever discretion; within Wetland Buffer; maintain 15' is greater* non-invasive minimum Wetland Buffer between the ve etation ractice and the wetland. General Use Ci 's Not Applicable discretion; None non-invasive ve etation * Add 20% to Wetland Buffer minimum width requirements in areas where slopes are 6% or greater. * * Native vegetation for Wetland Buffer plantings is required to have a seed origin in accordance with MnDOT requirements for native seed, per the 2003 (or most recent MnDOT seeding manual, at a minimum. B. Wetland Buffer Flexibilit : The City ma allow a variance from Wetland Buffer requirements, as provided herein to avoid unreasonable restrictions on existing uses of properties. If a variance is granted, the City may require alternative requirements including but not limited to Wetland Buffer width averaging to fulfill minimum width; redirecting drainage to an area where a Wetland Buffer is feasible; combining methods such as rain gardens, rain barrels, vegetated swales, or other BMPs to replace functions of Wetland Buffers to filter and treat drainage; and/or protecting additional upland to connect to Contiguous Open Green Space and to replace wildlife values. C. Easements: 1. Conservation easements will be required over lands with a Protect, Priority, Priority A or Manage wetland and its Wetland Buffer. 2. Wetland Buffer easements will be required over lands with a Manage A wetland and its Wetland Buffer. D. Permitted Activities: 1. The following activities ma occur within Wetland Buffers: a. Planting of native vegetation, provided no change is made to the ground elevation; b. Wildlife and nature preserves; C. Public and private flood control structures, ponding and drainage facilities and associated accessory appurtenances; d. Environmental monitoring or control facilities, including those related to water quality and wildlife regulation; e. Overhead utility poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment light poles, traffic signals, traffic regulator signs, mailboxes and other equipment that provides an essential public service; f. No other structures may be erected or installed unless the City determines that a particular structure or its erection, installation, or maintenance will not occur as a Wetland Alteration Activity. 2. The following activities are permitted in a Wetland Buffer: a. Maintenance of an existing public or private lawfully located road, other structure or facility, including drainage facilities water conveyance structures dams fences or trails and an facility used to provide transportation, electric, gas, water, telephone telegraph, telecommunication, or other services; b. Weed control consistent with state count and city laws and regulations. Subd. 7. WETLAND BUFFER VEGETATIVE REQUIREMENTS A. This subsection establishes vegetative requirements for Wetland Buffers. 1. Wetland Buffer Requirements: 4(o T a. Less than 30% of the Wetland Buffer shall consist of noxious weeds; b__. More than 90% of the Wetland Buffer is vegetated; and c. More than 90% of the Wetland Buffer contains vegetation other than Turf grass (Kentucky blue grass). The City's designated official shall determine if a Wetland Buffer is acceptable at the time of the wetland boundary review. 2_ When a Wetland Buffer is not acceptable or is graded as part of a proposed use for a property, a Wetland Buffer landscaping plan shall be submitted to the City for 4pproval. At a minimum, the Plan shall include the following; a. A plan sheet that shows the location of the Wetland Buffer within the subdivision. This sheet should also show Wetland Buffers that are considered acceptable in their current state and identify them as areas that shall not be disturbed during gradiM. b. For Wetland Buffers that are not acceptable, a plan shall be developed that provides species and planting and/or seeding locations. The plan must include the following: 1. Wetland Buffer areas shall be planted with a seed mix containing 100 ercent erennial native plant s ecies except for a one-time planting of annual nurse or cover crop such as oats or rye. 2. Native seed shall be of local ecotype and be from stock originating within 300 miles of the site, and shall represent species that were historically part of the native ve eta of the Dakota Count region. Seeding rates shall follow Minnesota Department of Transportation (MNDOT) or Board of Water and Soil Resources (BWSR) Standard Specifications for Construction. 3. Native shrubs or trees may be part of the planting plan. Shrubs and/or trees shall be distributed so as to provide a natural appearance _and shall not be planted in rows. Plants shall be of local ecotype and represent species that were historical) art of the native vegetation of Dakota County. 4. Native grasses, forbs, trees and shrubs shall be planted by a qualified contractor utilizing methods described in the MNDOT Standard Specifications for Construction. P I T 5. No fertilizer shall be used in establishing new Wetland Buffers. C. Wetland Buffers (both natural and created) shall be protected by erosion control measures as determined by the City. These must be employed during construction until permanent ground cover is established to prevent siltation of the Wetland Buffer and wetland. B. In cases of new development or redevelopment, vegetation in the Wetland Buffer shall be installed prior to the issuance of the certificate of occupancy. The city ma waive this requirement in lieu of a cash escrow or letter of credit equal to 150 percent of the cost to install the required Wetland Buffer. C. The city may allow the disturbance of an existing Wetland Buffer area during the course of construction activity. This disturbance must be kept to a minimum, soils must be uncompacted to a level that will accommodate root growth, and the Wetland Buffer must be re-established as required b the City. The city ma require a cash escrow or letter of credit equal to 150 percent of the cost to re- establish the Wetland Buffer to its original condition. D. When the City requires a Wetland Buffer planting and maintenance because the Wetland Buffer is considered unacceptable, according to this subsection, the City may require a cash escrow or letter of credit equal to 150 percent of the estimated cost of the vegetation and installation. The escrow or letter of credit must be valid for Lip to two ears and ma be used b the City to re lace any vegetation that dies. Subd. 8. WETLAND BUFFER PROTECTION REQUIREMENTS A. The clearing and removal of vegetation in the Wetland Buffer is prohibited, except for selective clearing and pruning of individual trees and shrubs which are dead, diseased, noxious weeds, or hazards. B. No structures are allowed in the Wetland Buffer, except as provided herein. C. Activities including, but not limited to, building, paving mowing cutting, filling, dum in and waste disposal or fertilizer application are rohibited in the Wetland Buffer. Mowing maw permitted when approved bye City as a Wetland Buffer management strategy. However, invasive non-native vegetation, such as European buckthorn and noxious weeds, may be removed. D._ Before grading or construction near a wetland or Wetland Buffer, the owner or contractor must place and maintain appropriate erosion control practices on the upland side of the Wetland Buffer. These practices must remain in place until all r development activities that may affect the wetland and the Wetland Buffer area have been finished and adequate vegetative cover has been established. E. Where acceptable to adjacent property owners, leaving dead trees and branches in the Wetland Buffer is encouraged to support the native natural environment by providing habitat to birds and wildlife. F. The property owner or homeowner association that is responsible for the maintenance of a Wetland Buffer must: 1. Maintain and repair damage to Wetland Buffers from such activities as mowing cutting, grading or other prohibited activities, unless mowing is approved by the city as a Wetland Buffer management strategy. Permission must be obtained from the City before implementing Wetland Buffer management strategies, which may include mowing, burning, and the use of herbicides. 2. Ensure that all soil surfaces in the Wetland Buffer are planted with the pQrmitted vegetation and that there is no open soil surface that may result in erosion. Subd. 9. WETLAND BUFFER MARKERS When a land-use application requires a Wetland Buffer, the applicant and/or landowner must place markers at the upland edge of the Wetland Buffer at least every 75 feet (or a minimum of one per lot). Wetland Buffer Markers will be provided by the City, Subd. 10. WETLAND SETBACKS A. Wetland Setbacks. 1. All structures (principal and other), must be set back at least 25 feet from the outer Wetland Buffer line. Structure exceptions to the 25 foot setbacks include: play structures, uncovered porches, decks, patio slabs, open terraces, stairways, walkwgv areas may extend up to 10 feet into the required Wetland Buffer line setbacks. 2. Parking or driveway areas must be setback at least 10 feet from the outer Wetland Buffer line. I A setback from the Wetland Buffer line is not required for overhead utilitX poles and lines that are less than two feet in diameter, underground utility lines and distribution equipment, li ht oles traffic signals, traffic 49 I i regulatory signs, mailboxes, and other equipment that provides an essential Public service. 4. A setback is not re uired for fences or retaining walls. However, the ma not be located within the Wetland Buffer. 5. An existing structure driveway or parking area meeting the re uired setback from a cit -desi ated wetland bounds or Wetland Buffer is considered a_legal nonconforming development if a later WCA delineation or implementation of a Wetland Buffer shows that the wetland or its Wetland Buffer is closer than the required setback. Subd. 11. WETLAND SUBMITTAL REQUIREMENTS A. Applicants planning to conduct Wetland Alteration Activities as described herein shall also ensure the following are „provided as part of the submittals for CitX approval: 1. Grading plan with locations and sizes of any stormwater pipes, 2. Existing and proposed drainage areas to wetlands. 3. Wetland Delineation Report prepared within the last three ears b a certified wetland delineator. 4. Exhibit showing wetland boundaries and labeling wetland classifications according to City's Wetland Mg p. Wetlands unclassified at the time of submittal shall be addressed as described herein. 5. Wetland Buffer landscaping plan that meets the requirements herein. 6. All other submittals required by the WCA if wetland impacts are proposed. B. City staff shall verify that wetland submittal requirements have been met before consideration of approval. Subd. 12. VARIANCES Variances from the requirements of this Section may be granted in accordance with provisions of zoning chapter as regulated b the City Code so long as the variances do not violate WCA Rules. 50 Subd. 13. VIOLATIONS Violation of the provisions of this Ordinance or failure to comply with and requirements including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined b law. Subd. 14. AUTHORITY/ENFORCEMENT ACTIONS Nothing herein contained shall prevent the City of Eagan from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: 1. In responding to a suspected Ordinance violation, the City of Eagan may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, and/or orders for corrective measures to the guilty party. 2. When an Ordinance violation is either discovered b or brought to the attention of the City, the City can immediately investigate the situation and document the nature and extent of the violation of the official control. 3. The City shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or, development, the City may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the City may either: (1) issue an order identif)dn g the corrective actions that must be made within a specified time peri od to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days. Section 2. Eagan City Code Chapter Ten is hereby amended by deleting Section 10.25 in its entirety. Section 3. Eagan City Code Chapter Eleven is hereby amended by revising Section 11.65, Subd. 9Q) to read as follows: i . Gfading of filling in ffiny type 2, 3, 4, 5, 6, 7, of 8 wetland shall be evaluated by the eity to detefmine hew exteRsively the proposed aetivity would (a) SedimefA and pollutant trapping and Y-eteff4eft,- ~I ; (e) Fish -And- v,41-4-1-ifie habitat; (d) Reer-eatie„ Sher-eline bank stabilization; an (f) Noteworthiness, eludi pee:al gitalifies sueh cam- histBr~e . Malterf-aa4eft being -prepesedr-e permits, ei i , by other- leeal, natural r-esoufees, or- the United States Anny Cerps ef Engineers. The per-sell(s) pre. . g the wetland altemtien shall be r-espensible fef this ahlatie-n ;a 3. DeY1V~lalaeloVnaat L, bu adaiab Cun Y xra fillang shall.1 pl it the pfevisions of t J Minnesota Water Law (Minn. Stat. Chs. 103A 103G). 4. The city evaluation shall be 'LTt iial;GGC a ir 'snGCCTTl tong f^r"*crl' ru^reCl'TIC aitinpg The i1 rrTtC3ti217AI' The Wetlands Protection and Management Regulations set forth elsewhere in this Chapter shall apply and compliance therewith shall be met. Section 4. Eagan City Chapter Four is hereby amended by revising 4.32(B) to read as follows: Wetland shall mean any area with sur-faee er- sub suffaeo hydrelegy, having hydr-ie soils, is defined as set forth in the Wetlands Protection and Management Regulations in this Code. Wetland buffer zone shall mean the afea between a fine delinea4ing the wetland bound and a line parallel to and upland 30- fi et the wetland boon ff" is defined as set forth in the Wetlands Protection and Management Regulations in this Code. Section 5. Eagan City Code Chapter 11 is hereby amended by revising Section 11.30 to read as follows: Wetland M-e F-faee water fea4twe elassified as a wetland in the United States rLish is defined as set forth in the Wetlands Protection and Management Regulations in this Code. 5Z Section 6. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 7. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 53 Advisory Planning Commission Minutes June 26, 2007 Page 9of10 F. Wetland Ordinance Applicant Name: City of Eagan Location: 3830 Pilot Knob Road; Application: Ordinance Amendment An Ordinance Amendment to Chapter 11 for a Comprehensive Wetland Protection and Management Plan. File Number: 01-OR-01-01-07 Water Resource Coordinator Eric Macbeth introduced this item and highlighted the information presented in the City Staff report dated June 20, 2007. He noted the background and history. Chair Hansen opened the public hearing. Jerry Engelke, Chairman of Gun Club WMO stated support for the initiative. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Chair Hansen asked if the new ordinance would give the City control over neighborhood ponds. Mr. Macbeth stated it would only if it is a natural wetland. Member Dugan asked how much land would generally be impacted by the new ordianance. Mr. Macbeth responded that analysis of that sort hadn't been done but that he expected it would be very little, from a City-wide perspective. Member-Keeley moved, Member Zoberi seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11 to establish new Wetland Protection and Management Regulations: A vote was taken. - All voted in favor. Motion carried: 7-0. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. VII. OTHER BUSINESS City Planner Ridley stated a Planning Commission Workshop would be held on Thursday, July 12, 2007, at 5:30 p.m. Vlll. ADJOURNMENT 5~ PLANNING REPORT CITY OF EAGAN REPORT DATE: June 20, 2007 CASE: 01-OR-01-01-07 APPLICANT: City of Eagan HEARING DATE: June 26, 2007 PROPERTY OWNER: N/A PREPARED BY: Eric Macbeth REQUEST: Ordinance Amendment LOCATION: City-wide SUMMARY OF REQUEST The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, specifically to establish new Wetland Protection and Management Regulations. The amendment will implement Eagan's Local Comprehensive Wetland Protection and Management Plan in accordance with requirements of MN Rules Ch. 8420.0650 Subp. 1. AUTHORITY FOR REVIEW Minn. Stats. Ch. 462 grants the City Council authority to develop comprehensive municipal plans and to adopt ordinances and regulations to implement those plans. BACKGROUND/HISTORY • City Council established a 13-member Water Quality Task Force in 2005 to guide development of an upgraded Water Quality and Wetland Management Plan (WQWMP). The objectives were to build on successes of the current 1990 Water Quality Management Plan; to consolidate and incorporate relevant policies, plans, and programs instituted since 1990; and to position Eagan to address efficiently and effectively the issues and needs of its surface water resources for the next 10 years. • From October 2005 to August 2006, the Task Force held seven public meetings to provide guidance and input on the draft WQWMP. On August 14, 2006, the Advisory Parks Commission and on October 12, 2006, the Advisory Planning Commission were briefed on the WQWMP process. On October 17, 2006, the City Council received the draft WQWMP and authorized a 2-month public review from October 18 to December 18, 2006. On November 13, 2006, the City held a public open house. • Since the end of the public review period, City staff, City Attorney, and consultants have been fine-tuning the draft WQWMP and drafting wetland protection and management regulations to implement a local comprehensive wetland protection and management plan, which is incorporated in the draft WQWMP. • The policies and provisions of the draft WQWMP address the following federal and state regulatory programs: 1) Federal stormwater management and operations (NPDES MS4 permit); 2) Federal impaired waters/total maximum daily load (TMDL) studies and plans; and 3) State lake water quality standards. • The WQWMP proposes the following wetland management approach: "...prioritize and manage Eagan's wetlands based on the functions they perform and their values to the community. Recommendations for protection and enhancement of wetland resources included in the plan are prioritized on this basis. Because the functions and values provided by different wetlands vary, this plan presents an assessment and classification system that will assist the City in establishing priorities and focusing available resources for wetland protection, enhancement, and restoration. Because all wetlands provide some functional values, all are protected to some degree in this plan." 515 Planning Report - Ordinance Amendment June 26, 2007 Page 2 • The WQWMP proposes the following lake management philosophy: "The City will manage its lakes to achieve a clear-water condition with a diverse community of plants dominated by native emergent and submergent species. Lake scientists acknowledge this condition as natural for lakes in this region of Minnesota. A healthy assemblage of native plants minimizes the likelihood that non-native species will become a problem. State water quality standards also support achieving this condition." • In accordance with authority granted by Minn. Stat. § 103B.211, the Black Dog Watershed Management Organization, the Gun Club Lake Watershed Management Organization, and the Lower Minnesota River Watershed District have formally approved Eagan's local water management plan (including the stormwater management plan and the WQWMP). • The City Council is scheduled to consider formally the WQWMP (including the Local Comprehensive Wetland Protection and Management Plan) on July 17, 2007. • Minnesota Wetland Conservation Act (WCA) Rules (MN Rules Ch. 8420) provide that local government units (LGUs) are responsible for wetland-related decisions. The City of Eagan is the LGU with primary responsibility to administer the WCA and to make decisions within its legal boundaries. Through Resolution No. 94.18 on March 15, 1994, the City Council officially recognized this responsibility. • Eagan currently has basic wetland protection regulations (City Code Section 11.65 Subd. 9. J.) for wetlands only within a City Shoreland Overlay District. Such regulations were established and have remained unchanged since the City adopted shoreland zoning regulations in 1998. Existing state and local regulations a 1 only when persons are proposing-to impact wetlands either b draining, excavating, or frllin . OVERVIEW OF PROPOSED ORDINANCE Through the proposed ordinance, the City would promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands, and requiring sound management practices and mitigation when development occurs in the vicinity of wetlands, and the City would seek to accomplish the following: 1. To satisfy WCA requirements and, thereby achieve no net loss of wetlands within the City. 2. To streamline City administration of the WCA by providing sequencing and varied replacement requirements based on functional values of wetlands and resulting management classifications. I To allow appropriate usage of wetlands to preserve water quality and prevent downstream flooding. 4. To protect and restore wetlands adjacent to Contiguous Open Green Space. 5. To address potential nonpoint source impacts from future development with the establishment of Wetland Buffer requirements to complement existing stormwater requirements. 6. To enhance wildlife values of wetlands. 7. To identify potential wetland banking areas. 8. To manage wetlands for their sensitivity to stormwater. To accomplish these purposes, the ordinance would establish six wetland management classifications, for which sequencing and replacement requirements and minimum wetland buffer requirements are defined for each. Generally, for higher quality/higher valued wetlands the regulations would require higher standards for sequencing and replacement and wider buffers and more buffer protections than for lower quality/lower valued wetlands. The ordinance would require easements (conservation or wetland buffer), define permitted activities within wetland buffers, and establish vegetative requirements for wetland buffers. IMPACT ON DEVELOPMENT The proposed regulations would apply only to Wetland Alteration Activities within delineated wetlands and desigrrated wetland buffers. Wetland Alteration Activities are defined as human-induced actions that alter the V~ r r Planning Report - Ordinance Amendment June 26, 2007 Page 3 existing or natural condition of a wetland or wetland buffer, including grading, filling, and dredging; dumping, cutting, pruning, topping, and clearing native vegetation; and discharging pollutants (except stormwater). Proposed regulations may apply when any parcel of land with a wetland is subdivided to create a new lot or when a new principal structure is constructed on an existing vacant parcel of land; or when redevelopment occurs on a parcel of land with a wetland; or when any new construction or Wetland Alteration Activity occur on a parcel of land with a wetland. Implementation of the ordinance may have some results not typically experienced in developments to date. This ordinance will enable new wetland buffers and setbacks that may create reduced developable areas. Proper design of required development green space allotments can often compensate for the interpreted loss of space. Establishing wetland buffers may pose trade offs with parkland dedication requirements. Monetary reimbursements from the Water Quality fund may be justified to prevent negative impacts to the parkland dedication. Reduced areas for hard surfaces for traditional developments may encourage the implementation of low impact development techniques. Possible strategies developers may use to address the potential reduced space include the following: more vertical development and parking schemes; pervious pavement surfaces; surface and sub-surface infiltration techniques; green roof and LEED techniques; and other innovative solutions that may need to be considered. While these strategies may create additional expenses for the developments, impending legal responsibilities will soon obligate the city to implement similar strategies if the developers do not. The ordinance would streamline city administration of the WCA and would enable city staff to more quickly respond to sequencing and varied replacement requests as encountered in some developments. Approving this request allows the City to implement the proposed Local Comprehensive Wetland Protection and Management Plan, which would prioritize and manage Eagan's wetlands based on the functions they perform and their values to the community, and to position the City favorably to the Minnesota Board of Water and Soil Resources, which must approve the plan. Denying the request would leave the City to implement statewide wetland conservation rules (MN Rules Ch. 8420) as it does now. SUMMARY/CONCLUSION The proposed amendment will carry forward the Water Quality Task Force's recommendations for the City to have more local control than it now does on how it prioritizes and manages wetlands. Because the functions and values provided by different wetlands vary, the Local Comprehensive Wetland Protection and Management Plan includes an assessment and classification system that will assist the City in establishing priorities and focusing available resources for wetland protection, enhancement, and restoration. Because all wetlands provide some functional values, all are protected to some degree. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11 to establish new Wetland Protection and Management Regulations. ATTACHMENTS • Proposed Ordinance Amendment t Agenda Information Memo July 17, 2007, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT- DARCOM PARNTERSHIP LLC ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit for the outdoor storage of vehicles, boats, trailers and miscellaneous equipment for property located at 1299 Eagan Industrial Road, legally described as Lots 12 and 13, Block 2, Eagandale Center Industrial Park, in the NW 1/4 of Section 3, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum. FACTS: ➢ The applicant's proposal includes a Conditional Use Permit for outdoor storage of vehicles, boats, trailers and miscellaneous equipment. ➢ The property is zoned 1-1 (Limited Industrial), which requires a minimum lot size of .5 acres. ➢ The building was constructed on Lot 12 in 1973 as a single tenant building. The applicant purchased the property in 2003 from G & K Services. ➢ Lot 13 is 5,000 square feet in size, a non-conforming lot. ➢ The applicant must replat the property into a single parcel. ➢ Outdoor storage is an approved use in the Industrial Zoning district. ➢ The proposed outdoor storage meets most setback requirements. ➢ The outdoor storage of racking is proposed to remain on permeable (grass) surface. ➢ This item was heard as a Public Hearing before the Advisory Planning Commission on June 26, 2007. ➢ The APC recommended approval of the Conditional Use Permit, requiring a replat of the property and providing clarification on landscape screening but agreed to strike the condition requiring the storage racks to be placed on a bituminous surface. ISSUES: ➢ The applicant proposes not to replat the property. 60 DAY STATUS: July 14, 2007 ATTACHMENTS (2): ages 5/ through c~ . Draft June 26, 2007 APC Minutes ity5z. Staff report on pages (OLthrough r r Advisory Planning Commission Minutes June 26, 2007 Page 5of10 C. Darcom Partners Applicant Name: Darcom Partnership LLC Location:1299 Eagan Industrial Road; Lot 12 & 13, Block 2, Eagandale Center Industrial Park Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage. File Number: 03-CU-10-05-07 Planner Schield introduced this item and highlighted the information presented in the City Staff report dated June 19, 2007. She noted the background'arid-history. Chair Hansen opened the public hearing. Attorney Gary Fuchs, representing the applicant, requested that conditions 2, 8, and 10 be removed and he requested clarification of condition 7. He discussed the history of the property and stated that based on the historical platting of the property, a replat should not be required. He asked for clarification on the request for additional landscaping. He displayed a photograph of the storage racking located on the turf area and explained that this portion of the outdoor storage area should not be paved because the storage rack area is irrigated and well maintained and that it didn't make sense to him or his client to add more hard surface to the site. He explained that the garbage container is not visible from the street and therefore should not be required to be within an enclosure. He noted an error in the report regarding the sale of the property to Darcom in 1993. He stated Darcom purchased the property in 2003. There being no public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Member Chavez stated that he understood the applicant's rational and suggested the APC may wish to amend the referenced conditions. Member Keeley clarified that the racking was not only located on an unimproved surface but did not meet outdoor storage setback requirements. Mr. Ridley stated the option existed to merely move the rack onto an existing paved surface. Mr. Fuchs stated the site contains more than minimum required green space; however, if the rack was moved onto a hard surface, less storage space is available. City Attorney Bauer spoke to the issue of replatting the property as a requirement that is typical and has been applied in similar instances. Chair Hansen stated that the City has consistently required replatting in order to simplify legal descriptions and that the current situation includes a portion of a lot that does not meet Limited Industrial minimum lot size requirements. ~ r Advisory Planning Commission Minutes June 26, 2007 Page 6of10 Member Keeley stated her opinion that the property should be replatted, that the condition requiring the racking to be on a paved surface be removed, that if the applicant chooses to store trash and recycling containers outdoors, he should provide an enclosure per City standards and that condition #7 be reworded to clarify that additional screening is necessary from public rights- of-way. Member Keeley moved, Member Chavez seconded a motion to recommend approval of a Conditional Use Permit (CUP) for the outdoor storage of vehicles, boats, trailers and miscellaneous equipment on property located at 1299 Eagan Industrial Road, legally described as Lots 12 and 13, Block 2, Eagandale Center Industrial Park, in the NW '/4 of Section 3 subject to the following conditions: 1. This Conditional Use Permit supersedes all prior CUP's in effect for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall replat the parcels into one lot. 3. The storage area shall be maintained in an orderly fashion. 4. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan and narrative dated May 31, 2007. 5. The four temporary signs shall be removed. 6. Building signage shall comply with City Sign Ordinance requirements. 7. Applicant shall provide a Landscape' Plan and plant additional coniferous trees along the east perimeter of the site to block view from public right-of-way per current City Code requirements. pavement. 9. The safety storage for LP cylinders and flammable container safety cabinet along the north side of the building should have a minimum spacing of 5 feet from any building openings. 10. The applicant shall provide an enclosure, consistent with City Code requirements, to house trash and recycling containers. - A vote was taken. All voted in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 19, 2007 CASE: 03-CU-10-05-07 APPLICANT: Darcom Partnership L,LC HEARING DATE: June 26, 2007 PROPERTY OWNER: Dennis Wolfe APPLICATION DATE: May 16, 2007 REQUEST: Conditional Use Permit PREPARED BY: Sarah Schield LOCATION: 1299 Eagan Industrial Road COMPREHENSIVE PLAN: fND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST Dennis Wolfe, Darcom Partnership LLC, is requesting approval of 'a Conditional Use Permit (CUP) for the outdoor, storage of vehicles, boats, trailers and miscellaneous equipment on property located at 1299 Eagan Industrial Road, legally described as Lots 12 and 13, Block 2, Eagandale Center Industrial Park, in the NW %J of Section 3. 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 harnlonious 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. Planning Report Conditional Use Permit (Darcom Partnership LL-C) June 26, 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 4D, Conditions states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition to the requirements for a conditional use pen-nit 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. 62- p T Planning Report - Conditional Use Permit (Darcom Partnership L.LC) June 26, 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. BACKGROUND/HISTORY The building was constructed in 1973 as a single tenant building. Darcom Partnership LL.C purchased the subject property in 1993 from G & K Services. When Darcom took over the site they renovated the building to become a multi-tenant use. Currently, the building is leased out to three different companies for warehouse and office space. The companies include Mid-Northern Electric, South River HVAC and Valley Motor Sports. EXISTING CONDITIONS The 1.5 acre site contains an existing 1 story building 13,200 square feet in size. The building is located on Lot 12 and the site also consists of the east 83.77 feet of Lot 13. The applicant must replat the property to rectify the non-conformity of the substandard Lot 13 which is 5,000 square feet or 0.1 acres in size. I-1 minimum lot size requirement is 0,5 acres. Access to the site is provided from Trapp Road on the west and Eagan Industrial Road on the south. The parking lot and drive aisle areas are surfaced with bituminous asphalt to the rear of the existing building.. SURROUNDING USES The site is surrounded oil all sides by property zoned and guided for industrial uses. EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed use appears compatible with the surrounding properties and existing uses. Site Plan - The applicant proposes the outdoor storage of items that pertain to the building tenants. The majority of the items to be stored outdoors consist of vehicles, boats, equipment and trailers.. The site plan dated May 31, 2007, provides a detailed plan of the proposed outdoor. storage. The applicant has also submitted a letter that provides a list of the specific quantities of the items to be stored outside. According to the site photos, there are fora' signs located on the fence which abuts Trapp Road. All of these signs appear to be temporary. One of the signs is for boat storage. According to the applicant narrative boat storage is not offered by Valley Motor Sports at this site, but rather at other facilities they have in the City's of Rosemount and Hastings. Since off premise signs are not allowed, this sign should be removed. The applicant should apply for sign permits and meet the Sign Ordinance requirements for the remaining signs. f~3 Planning Report - Conditional Use Permit (Darcom Partnership L.LQ June 26, 2007 Page 4 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. The applicant has proposed the storage area to be enclosed by an existing six foot chain link fence and a 16 inch extension of 3-row barbed wire security fencing, 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. The City Code requires a 20-foot side and rear yard outdoor storage setback. Additionally, the City Code requires a 5- foot side and rear yard parking setback. The storage of vehicles, boats, trailers and miscellaneous equipment are proposed within the side and rear yards of the property. The Site flan identifies storage racks, a trailer parking stall and three boat parking stalls within the 20 foot setback area.. The storage in these locations exceeds the 5 foot setback requirement for parking. 3. The outdoor storage area shall be screened firom view from the public right-of-way and from any adjacent property ii,hich is designated for residential uses in the comprehensive guide plan. The adjacent properties are zoned and guided for industrial use and screening is not required from adjacent parcels that are zoned I-1. There are existing deciduous trees on the north side of the property which provide screening during the summer, months from the adjacent property. Coniferous trees are proposed to be located in the front and side yards adjacent to the driveway entrances and one coniferous tree is proposed to be planted along the east property line. These trees must meet minimum city landscape requirements (six feet in height). The proposed storage area is somewhat screened from the public view by the building, however, the outside storage is visible from the east property line, driveway and parking lot openings. The proposed coniferous trees near these locations will assist with the screening from the public right-of-way; however additional conifers should be planted along the east property line to provide additional year round screening of the parking lot and outdoor storage areas. 4. The storage area shall not interfere with an'y pedestrian or vehicular movement_ The proposed Site Plan indicates that the storage will not interfere with any pedestrian or vehicular movement. 5. The storage area shall not take tip required parking spaces or• landscaping areas. The green space iitinimum requirement is 25%. The site exceeds this requirement as 38.7% of the site is green space. However, the applicant proposes to continue to store pole storage racks in a grass area in the north east corner of the site. This area will take up a maintained landscaping area. It does not appear that this area, if paved, would reduce the amount of green space to be less than the minimum percent required. No required parking spaces are proposed to be removed or utilized for storage.. I Planning Report - Conditional Use Pennit (Darcom Partnership LLQ June 26, 2007 Page 5 6. The storage area shall be stn faced with concrete or an approved equivalent to cond-ol dust and erosion. The sttr face shall be properly maintained to prevent deterioration. As previously mentioned, the applicant proposes to continue to store pole storage racks in a grass area in the north east comer- of the site. City polieytnakers should determine if this area warrants the need to be surfaced with concrete or bituminous material or if the 'area, approximately 50 square feet, is able to remain penneable due to the limited use of that area. The remainder of the outdoor storage location is surfaced with bituminous. Flammable and Combustible Liquids - The site plan identifies an area for safety storage for LP cylinders and a flammable container safety cabinet along the north side of the building. These locations must have a minimum of 5 foot spacing from any building openings. Trash Containers - The site plan identifies a 20-yard dumpster location in the north east comer of the parking lot. City Code requires trash dumpsters to be enclosed. The enclosure must be constructed of materials to match the exterior of the principal structure. SUMMARY/CONCLUSION Dennis Wolfe, Darcom Partnership LLC, is requesting approval of a Conditional Use Permit (CUP) for the outdoor storage of vehicles, boats, trailers and miscellaneous equipment on property located at 1299 Eagan Industrial Road, legally described as Lots 12 and 13, Block 2, Eagandale Center Industrial Park, in the NW '/A of Section 3. The proposed outdoor storage appears generally compatible with the 1-1 zoning and surrounding properties. However, the proposal falls short of satisfying all of the performance standards in the City Code. The primary shortfalls are with regard to setbacks, the surface material for the proposed location of the storage racks and screening. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for the outdoor storage of vehicles, boats, trailers and miscellaneous equipment on property located at 1299 Eagan Industrial Road, legally described as Lots 12 and 13, Block 2, Eagandale Center Industrial Park, in the NW of Section 3. If approved, the following conditions should apply: I. This Conditional Use Permit supersedes all prior CUP's in effect for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The applicant shall replat the parcels into one lot. 3. The storage area shall be maintained in an orderly fashion. r Planning Report Conditional Use Permit (Darcom Partnership LLC) June 26, 2007 Page G 4. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan and narrative dated May.31, 2007. 5. The four temporary signs shall be removed. 6 Building signage shall comply with City Sign Ordinance requirements. 7 The applicant shall provide a Landscape Plan and plant additional coniferous trees along the east perimeter of the site per current City Code requirements. & The applicant must surface the storage area for the pole storage racks with bituminous pavement. 9. The safety storage for LP cylinders and flammable container safety cabinet along the north side of the building should have a minimum spacing of 5 feet from any building openings. 10. The applicant shall provide an enclosure, consistent with City Code requirements, to house trash and recycling containers. ~ L , Eagan Boundary N Right-of-way Area Location Ma NParcParke Are a ea \yBuilding Footprint iwnaaT.n rnrv. ae. ua Sub ect Site D NEW t~ L O (r`~ ap ♦ e t cl n PP ~ a Y Q ~ Q ! ~ •Lt dD ~ mrt vat Y q. e IL "e ~ ® ~ a ~ G ~ MIS . a Q m• ~ a t o a o 8 °p 6 C~ e Q t t e a IP 0 4 o. s ry ra' ° ea a dvd. ro •n ereetuta0 o n C J 2 -.....u C~ Pfd IC~7 a m Q 0 atr ear 4, 1000 0 1000 2000 Feet Development/Developer. 1299 Eagan Industrial Road Application: Conditional Use Permit Case No.: 03-CU-10-05-07 Map '-.-ad. D FJt31 NeVimv 11. parcel brio map data, provided N by DaCounty OIDCe of cis and is eurront as of April 005. TH[S MAP IS INTENDED FOR REFERENCE USE ONLY City of Ea a J The City of Eagan and Dakota County do not guarantee the accuracy of thla Information and are S community Development Department not responsible for orron or emissions. V7 A Current Zoning and Comprehensive Guide Plan Darcom Partners Conditional Use Permit Land Use Map 0s-CU-10-05-07 Zoning Map i•, 1.1 PD Current Zoning: OD 1-1 , PD Location Limited Industrial R R, , 1-i 1-i 1 RD F R 1.1 aoa 0 Goo Ix Do v..t Comprehensive Guide Plan y IND IND Land Use Map $ IND N Bp IND BP IN FIND nd Use Designation: ' Bp up IND Location It BP IND ustrial D P IND S ^ Bp Goo 0 000 1700 r..t ! \ IND N Pa-01 4aa0 map W.Motlan pladda4 by Dakau CG ty 1.M4 Sumay Dopartmaot Daemb.r 2005. Zoning IMatmatlon matatAla" by City salt. City of Faun THIS MAP IS INTENDED FOR REFERENCE USE ONLY W G 5 The City of Eagan and Dakota County do not guarantee the neeurDOy of this Information. Q w Nvia ails nlne-sv E 'GA10 I'mulmm Way] 61 iic :z ey. ' r.:r••7.:.' olamm~ wno+nc~7H z(MV41 g4 ~9 6 e~ a tip: t1..= .:........w,i 9Nimin6 ~IdlJ3l3 Nb3N12lON -tlIW 8 y 4 C P3a~ ~ Crf 9 .r.... a tr'~ ICE L& ~-i I W p w M.rc,oaooN ~ G~! o ' O ) t till, ar 4a H ~ I- ~ i 6a Ii 0 a 8a ~ Z m~ k I . 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F d I I d - aTF~~ ICI C'~ ;r 4 f Lij r r OR LLI h..l ~ I r 1 'a 4 ~ I k a. r I~~1 - r~r I I F u F' 1" + 3 l ~ { $f ~ ~ I.. L y / e ,t Sim r A , -4 Y li ~`K + III e~k C'V U D 11.: LIJ i k l I I i ~ _7w cif 1~~s frt. ~•i k bk f i ' q, I, 1 Y 4 i ul ~ 6. I~ I I Cc' z " c •r` E- ~ysY av f •R r I 1 ~ V f' 1 1 I ~ ~ ~ CIE ~i It .i:S M1 s c k 3 I ~ ' SAW, E C F 'f M a rte. A • eye r r= y I' y~g4n ~ A y► A r A V .p b y ~1 r a. O 4 b A, A .a A !kJ. •A M1 .J RECEIVED MAY 3 12007 T LE~ r ~z f e i i 7 ~ F I y A Q 1'77 ~ ' ~ YT m :t s iq ! RECEIVE6 MAY 2 QD7 749 ti 1 1 s~~1 2 ~ •J ` S„ yt+ ''III x. f" .1 RECEIVED MAY . 200r ~ 4 ' CONDITIONAL USE PERMIT APPLICATION 1299 EAGAN INDUSTRIAL RD. • Request: DARCOM PARTNERS, LLC is applying for a C.U.P. for allowable outside storage within the existing security fenced portion of our bituminous parking lot area on the north side (rear yard) at the above mentioned address. We are responding to a notice of current City Code violation for lack of a City permit which was never a requirement at our old 1-1 property (taken through eminent domain with the Eagan EDA in 2003) at 2815 Dodd Rd., nor were we informed of this requirement during the conversion/relocation process to this existing site at 1299 Eagan Industrial Rd, Respectfully, we believe our property meets the Evaluation Criteria and Standards for Outdoor Storage (as defined by, and recently received from, the City of Eagan), with the exception of the actual procurement of the aforementioned Conditional Use Permit. We anxiously await the outcome of this process and will be happy to work with your Staff to correct any possible deficiency we may have overlooked. The structure on site was built Rauenhorst in 1973 and originally owned and occupied by a plastic laminating and extrusion company known as Transilwrap.. As would be indicated by aerial photography maps obtained from the years this site has been in existence, only the bituminous lot on the east side of the property existed from 1973 to 1994 when Transilwrap vacated the site. The property was then acquired in 1994 by G&K Services, a commercial/industrial garment distribution and service company. Sometime after 1994 and before the Summer of 2003 (when the site was purchased by DARCOM Partners, LLC), G&K installed the structural canopy along the entire north side of the building, cut in additional overhead and service doors, and expanded the parking lot to wrap around the back (north side) of the building. They also surrounded it with chain-link fence to contain their own storage of trucks, racks, product containers, etc. I assume this was all done with the required permits and inspections to meet City Codes. Though we were recently told by the Eagan staff in Planning and Code Enforcement that C.U.P.'s were required during that period, their investigation did not turn up any that had been applied for, or granted to the site, leaving us unable to simply request a transfer of such from G&K to DARCOM. When DARCOM took possession of the property almost four years ago, much work had to be done to the inside of the building and its infrastructure to turn it from a single tenant building to multi-tenant use, All construction at the site was done with applications and drawing submittals, permits, inspections and any necessary upgrades and corrections to be in compliance with then current City Building Codes for- the purpose of obtaining Certificates of Occupancy. • Comprehensive Guide Plan designation (existing and proposed): The exiting and proposed Comprehensive Guide Plan designation is IND (Light Industrial) and to my knowledge will remain the same. RECEIVED tA'Y 7 G ZUO~ • Zoning classification (existing and proposed): The existing and proposed Zoning classification is I-1 (Limited Industrial) and to my knowledge will remain the same. + What we want to do; timing/phasing: DARCOM Partners, LLC wants to do nothing more than provide the items required by the City to be in compliance with their established Code requirements and acquire the necessary C.U.P. that will allow us to let the tenants we have be able to enjoy and productively operate their businesses with respect and accountability to its neighbors and the Community at the same time. With regard to timing/phasing, all we can say is "the sooner, the better". It is DARCOM's desire to meet the City's needs and deal with whatever items/issues need attention or change in a very timely manner. We are not asking for additional storage area, more/less parking lot area, special conditions, etc. • Existing land uses on the subject property: The existing land use of the subject property is IND (Light Industrial). The existing tenants consist of 1) an electrical contractor (construction & service), 2) an HVAC contractor (construction & service), 3) a seasonal sports & recreational powercraft mechanical service and parts supply company, and 4) a franchised "sweat-equity building" residential packaged sales company. Three of the four tenants operations are best suited for an Industrial zoned environment, while one could also function in a business park or possible retail zoning. Three of the businesses (two of which were originally relocated from the 2815 Dodd Rd. site) require use of the existing outside storage area in the fenced lot or under the north overhanging structural canopy for: 1. Metal scrap trailer for collection of metal scrap to be recycled. I Parking of the 4WD winter snowplowing truck. .3. Customer owned seasonal recreational equipment (boats, personal watercraft "PWC", snowmobiles, snowplows, trailers, etc) in the process of repair. 4. HVAC or electrical equipment (rooftop equipment, light poles and temporary electrical services) awaiting sale or installation. 5. Varying numbers of job "gang boxes" or 16' to 24' job site trailers as construction work loads increase or decrease. 6. Varying numbers of service vans/pick-ups as would be dictated by highs and lows of field staff designated or employed for such work. 7. One to three service vans/pick-ups being decommissioned from service or being outfitted to be put into service. 8. Varying numbers of fiberglass step and extension ladders depending on current work loads. 9. One to three aerial (bucket) trucks or vans (32' to 65' reach) used as needed for parking lot and public street lighting repair or installation. 10, 20 yard common use trash dumpster (emptied as needed - typically once or twice per month). 11. Misc. items as related to the tenants business needs from time to time. '~9 • Surrounding land uses and zoning within 660 feet: The surrounding land uses within 660 feet are all IND (Light Industrial) and the zoning is I-1 (Limited Industrial). They include companies that have outside storage needs for service vehicles and equipment, commercial promotional event (demonstration/concession) vehicles, trailers & wagons, construction supplies and equipment, delivery vehicles and trailers, shipping pallets and rubbish/trash containers. Please contact me at my office if you require any additional clarification or information on this narrative. My office phone M-P 7:30AM to 5:OOPM is 651-452-3996 (Ext. I I). Sincerely and respectfully submitted, Dennis L, Wolfe DARCOM Partners, LL r T, May 30, 2007 Ms. Sarah Shield Plainer City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Sarah, I am in receipt of your fax and subsequent letter, of May 24`x' regarding 1299 Eagan Industrial Rd. I will address the issues of concern or needed answers with the following: A list of specific quantities of items to be stored outside. For tenants use in common: 1 20 yd. trash dumpster 1 6x10 metal recycling scrap trailer 1 Ford Explorer w/snow plow (Winter) For Mid-Northern Electric: Vehicles. equipment and trailers 6-8 Service vans or pick up trucks 1-2 Aerial bucket vans or trucks 2 - 3 16' to 20' job trailers 1 17' ramped aluminum trailer to transport man lifts 1 5x9 stake side trailer to transport small trencher I 6x12 open trailer to transport material & equipment Miscellaneous items 6-20 Step and/or extension ladders 2-3 Wire carts 1-2 Rolling pipe racks 4-10 Gang boxes/job cabinets 4-8 Spare service truck tires (on rack) 1 -3 Large wire spools 2-4 Lamp recycling containers 1 Flammable liquid containers safety cabinet 2-7 Steel scaffold sections For South River HVAC: 0-1 Service pick-up truck 0-1 20' job trailer 0-1 Flat trailer to move large materials to job sites 1-2 Larger pcs. HVAC equipment awaiting installation For Valley Motor Sports: I Safety storage rack for LP cylinders 7 10'- 20' boats and trailers (Summer) 8 20'- 40' boats and trailers (Summer) 4 10'- 20' trailers w/snowmobiles (Winter) RECEIVED MAY 2001 Ti The issue of "BOAT STORAGE AVAILABLE". This is a service that existing tenant Valley Motor Sports offers its customers. It is not on this site but rather at other facilities they have in Rosemount and Hastings.. Maintaining a 24' emergency access through the storage lot. We would propose to maintain an aisle way through the entire bituminous parking lot and storage area that would be at least the width of our rolling gate openings of 20.5'. We would propose to have this marked and striped on the pavement as an area that cannot be parked or stopped within; we would have a meeting with our tenants to let them know this is part of the operational legal requirements on this property that must be continuously observed by all tenants, vendors, freight companies and customers. This striping process will take place the same time as the existing diagonal markings in the lot are covered or removed and remarked for parking. Height of storage fence or screening around lot vs. height of stored items. The existing chain-link fence is 6' tall with an additional 16" extension of,3-row barbed wire security fencing. It is the same fence installed as part of the construction of the storage area by G&K Services in '94 or '95. Mid-Northern Electric's and South River HVAC's trucks and job trailers, as well as a good share of Valley Motor Sports boats and trailers are smaller and/or shorter than G&K's step-vans and cube trucks were for the 10 years they used the storage lot,. The issue of the outside NE storage area that is being (currently used) proposed in a grass area covered area is that which has our pole storage racks that were moved here by the City during the 2003 relocation process. They are situated on concrete foundation stones, and with their tri-pod design are raised high off the grass. The grass gets plenty of sunshine and moisture to maintain its health and is cut weekly along with all the other existing sodded areas., The area it is in serves no other useful purpose and to move it into the existing paved lot area only takes away from the purpose and use of that area for parking and organized storage. We do propose to install some sizeable conifer trees on both sides of the driveway approaches or lot entrances to help improve natural screening of the storage lot from public view on both Trapp and Eagan Industrial Roads.. Your additional comments or suggestions would be welcome to try and best accomplish this. Code requirements for 25% minimum green space. We are happy to report that we have consulted with our architect/engineer and our property not only meets, but exceeds this requirement by over 50%! Our current green space covers at least 38.7% of the property within its legal boundaries.. Please let me know if you require additional information. XDenni~sL. Wolfe 3 12007 RECEIVES MAY e!!! 02 Agenda Information Memo July 17, 2007, Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (SUMAC RIDGE) - CASCADE PARTNERS, LP ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Preliminary Subdivision (Sumac Ridge) to create six single-family lots upon approximately 2.9 acres located at 4395 Dodd Road in the NW 1/4 of Section 25, subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The property is unplatted and contains an existing home which will be removed with development. ➢ The property is zoned R-1 and is located in the Shoreland Overlay District of Schwartz Lake, a Recreational Development waterbody. ➢ The applicant is proposing to subdivide the site into six single-family lots. The lots average 15,750 sq. ft. with a density of 2.07 units per acre. ➢ Street access into the site will be provided by a new cul-de-sac from Dodd Road along the northern edge of the site. A storm water pond is proposed on the west end of the site. ➢ Sewer and water will be extended into the site and existing well and septic will need to be abandoned. ➢ Tree preservation standards are satisfied without required mitigation. Concerns about construction impact to off-site trees will be addressed through a meeting between the developer and adjacent property owners, with the City Supervisor of Forestry. ➢ Cash park and trail dedications will be due at the time of Final Subdivision for the net increase of five lots. ➢ The Advisory Planning Commission held a Public Hearing on June 26, 2007 and is recommending approval, subject to the conditions listed in the APC minutes. ISSUES: ➢ Further subdivision of the lots to the north is possible and the City generally attempts to preserve future development opportunities to provide for orderly development and redevelopment. However, the adjacent property owners have indicated no interest in subdividing their properties or in having a secondary access via the new street. ➢ The APC recommended that restricted access be dedicated along the length of the north side of the proposed cul-de-sac. 120-DAY AGENCY ACTION DEADLINE: September 14, 2007 ATTACHMENTS (2): r' Draft APC minutes, June 26, 2007, ages Staff report on pages through P, (J Letter from Todd Harpster, pages iff- r, Advisory Planning Commission Minutes June 26, 2007 Page 1 of 10 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA June 26, 2007 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, June 26, 2007, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Hansen, Members Keeley, Feller, Filipi, Zoberi, Dugan, and Chavez. Also present were, City Planner Mike Ridley, Planner Sarah Schield, Planner Pam Dudziak, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA City Planner Mike Ridley stated the applicant of Item D has requested' a continuance to the July 24, Advisory Planning Commission meeting. Member Keeley moved, Member Filipi seconded a motion to adopt the Agenda,-as amended. A vote was taken. All voted in favor. Motion carried 7-0. May 22, 2007, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Chavez moved, Member Feller seconded a motion to approve the May 22, 2007, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 7-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Sumac Ridge Applicant Name: Cascade Partners, LP Location: 4395 Dodd Road; Application: Preliminary Subdivision A Preliminary Subdivision of 3 acres to create 6 single family lots. File Number: 25-PS-08-05-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated June 19, 2007. She noted the background and history. Chair Hansen opened the public hearing. Todd Harpster, 746 Golden Meadow Rd, appeared representing property owners to the north. He requested a low maintenance right-of-way with prairie/ornamental grasses and no-care trees such as arborvitae, lilac, or a barrier. He also requested that the retaining wall be located far 04 1 S. Advisory Planning Commission Minutes June 26, 2007 Page 2 of 10 enough away from the fence to provide a safe area to walk. He stated concern for future assessments for road repairs or improvements. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. Assistant City Engineer John Gorder responded to questions relative to maintenance of the right-of-way, restricted access and the retaining wall. He stated the neighbors would not be responsible for street related assessments provided the conditioned restricted access is dedicated with the plat. Member Keeley moved, Member Chavez seconded a motion to_recommend approval of a Preliminary Subdivision (Sumac Ridge) to create six single-family lots upon approximately 2.9 acres located at 4395 Dodd Road in the NW '/4 of Section 25 subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B2, B4, C1, C2, C3, -D1, and Ell 2. The property shall be platted. 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 4. 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 traininIg as determined by the City Engineer in designing stormwater pollution prevention plans. 5. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management, certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 7. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 8. The outlet from the proposed infiltration basin shall be constructed with an outlet skimmer structure in accordance with City engineering standards. 9. The developer shall provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. 10. The developer shall provide a restricted access easement along the north edge of the public street within the development. The easement shall be in a form acceptable to the City Attorney. 11. This subdivision shall be subject to a cash parks dedication payable at the time of final plat at the rates the in effect. 12. This development shall be subject to a cash trails dedication 13. The developer shall work with the City Engineering and Parks Department to determine the exact alignment of the storm pond overflow pipe and method of restoration. 14. The developer shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. Advisory Planning Commission Minutes June 26, 2007 Page 3of10 15. The developer shall schedule a site meeting with adjacent landowners to address actions required to protect critical root zones of off-site trees. The City of Eagan Supervisor of Forestry shall attend this meeting. 16. The developer 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. Stormwater runoff shall be treated primarily via an onsite constructed pond. In particular, the design, construction, and function of the proposed "infiltration basin" shall satisfy City standards and criteria, as determined by City Engineering and the City Water Resources Coordinator and in accordance with City policies and water quality models. 18. In accordance with policies of the City's current Water Quality Management Plan, the developer shall provide additional measures so as to mitigate any increase in phosphorus loading to Schwanz Lake (DNR #19-0063P). 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'. 19. A cash dedication in lieu of treatment ponding shall be required for the remaining developed area that will not drain to the basin. A vote was taken. All voted in favor. Motion carried: 7-0 r. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 19, 2007 CASE: 25-PS-08-05-07 APPLICANT: Cascade Partners, LP HEARING DATE: June 26, 2007 PROPERTY OWNER: Kathi and Gary APPLICATION DATE: May 16, 2007 Jorgenson REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 4395 Dodd Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision (Sumac Ridge) to create six single-family lots upon approximately 2.9 acres located at 4395 Dodd Road in the NW '/4 of Section 25. The development was initially submitted as Autumn Leaf, and that name still appears on the plans, but the development and Street name are being changed to Sumac Ridge to avoid confusion with similarly named developments and streets in the City. 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. r, Planning Report - Sumac Ridge June 26, 2007 Page 2 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. 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." BACKGROUND/HISTORY The subject site is currently unplatted and contains an existing single-family home which was built in 1968. A conditional use permit for a 42' x 26' storage building was approved in 2001. Planning Report - Sumac Ridge June 26, 2007 Page 3 EXISTING CONDITIONS The property abuts single-family homes to the north and park land (Highline Trail) to the south. The site is zoned R-1 and is located within the Shoreland Overlay District of DNR #19-63 (Schwanz Lake). As such, the development is subject to the performance standards and restrictions in the City's Shoreland Ordinance, in addition to the typical R-1 zoning standards. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Single Family PD, Planned Development LD, Low Density Residential South Highline power lines Park Parks and Recreational and trail O en Space East Single Family R-1, Single-Family LD, Low Density Residential Residential; A, Agricultural West Single Family R-1, Single-Family LD, Low Density Residential Residential The neighborhood to the north, Overview Estates Replat, was platted in 1979. The original Overview Estates Plat occurred in 1976 and created a single 5.1-acre parcel. The 1976 plat showed an overlay plat illustrating how those lots could be further subdivided at such time as public utilities were extended to the property. The 5.1-acre parcel was shown as a potential 14 lots (average size 12,500 s.f) with a future street on the south side (where Sumac Ridge Court is currently proposed) as well as the north (currently Golden Meadow Road). In 1979 the Overview Estates Replat subdivided the 5.1-acre parcel into just 7 lots, all 100 feet in width and ranging from 24,600 sq. ft. to 27,000 sq. ft., with access to those lots from Golden Meadow Road and no street on the south side. EVALUATION OF REQUEST Description of Proposal - The applicant is proposing to subdivide the site into six single-family lots ranging in size from 14,000 sq. ft. to 18,660 sq. ft. The lots average 15,750 sq, ft. The existing single-family home and storage building will be removed. Access will be provided via a new cul-de-sac extending into the site from Dodd Road opposite Crimson Leaf Trail. Compatibility with Surrounding Area - The proposed single-family use is consistent with surrounding development, which consists of single-family residential homes. To the south is parkland, which contains the Highline trail and overhead power lines. The surrounding area is zoned either PD, Planned Development or R-1, Single-family Residential and guided for LD, Low Density residential, development. T Planning Report - Sumac Ridge June 26, 2007 Page 4 With street access available via the new street proposed with this development, the adjacent lots to the north potentially could be further subdivided the easterly five lots, Lots 3-7, will abut the new street right-of-way. Such infill development makes for efficient use of the land and existing infrastructure. In the late 1970s when the Overview Estates subdivisions occurred, such future subdivision was contemplated. Since that time, the adoption of the shoreland zoning ordinance in the mid-1980s created an additional layer of performance standards and the 12,500 sq. ft. lots originally contemplated would not meet the current shoreland standard of 15,000 sq. ft. for average minimum lot size. If split in half, Lots 3-7 would average 13,282 sq. ft. - more than the single-family minimum of 12,000 sq. ft., and less than the shoreland required average of 15,000 sq. ft. However, if several of the Overview Estates lots were combined and subdivided simultaneously, 15,000 sq. ft. lots could be achieved while maintaining 15,000 sq. ft. lots for the existing homes. The existing Overview Estates homeowners have indicated to the developer and City staff that they have no interest in subdividing their land, and as such, do not want street access to the southern portion of their lots, nor the maintenance responsibility for the boulevard area abutting the proposed new street. (City Code Section 7.08, Subd. 3 states that owners of property abutting a street are responsible for the maintenance of turfgrass between the property line and the curb line of the street). Airport Noise Considerations - The subject site is outside the Noise Policy Zones for the airport. Density - The proposed six lots upon 2.9 acres results in a density of 2.07 units per acre. This is consistent with the LD Low Density residential land use designation which permits density of 0-4 units per acre. Lots - The property is located within the Shoreland Overlay District of Schwanz Lake (DNR #19-63), which is classified as a Recreational Development lake. The Shoreland Ordinance establishes standards for development which are to be applied in addition to the underlying or base land use zoning, in this case R-1 (Single-Family Residential). In the joint application of both base zoning and shoreland zoning standards, the more restrictive regulation applies. The proposed Preliminary Plat and Site Plan appear to meet dimensional and area standards for both R-1 and Shoreland zoning. The Site Plan identifies the maximum building coverage for each lot (2,800 - 3,732 sq. ft.), as well as the maximum impervious surface (3,500 - 4,665 sq. ft.) for each lot. The Shoreland zoning distinguishes between riparian and non-riparian lots. All of the lots within this proposed development are non-riparian. The R-I and Shoreland zoning standards are summarized in the following table. The governing standard is shown in bold italics. T Planning Report - Sumac Ridge June 26, 2007 Page 5 Building Lot Lot Lot Width at Setbacks Height Coverage Size Width Shoreline max. max. R-1 Minimum 85' Front 30' 2 %z 20% Size N/A Side: stories building 12,000 s.f. 10' house coverage 5' garage area Rear 15' Shorcland Avg. Size 100' 75' Determined by 35 25% Non-riparian 15,000 sf. applicable zoning impervious Riparian 20,000 s.f district rovisions surface The Shoreland zoning for Schwanz Lake requires a minimum average lot size of 15,000 sq. ft. for non-riparian lots. Lots also must be 100 feet in width at the minimum front setback line. A maximum impervious area of 25% is allowed for each lot. The R-1 standards apply for setbacks. Maximum building height will be governed by both standards, as will be the maximum allowable building and impervious lot coverage. Setbacks - The setbacks for the R-1 zoning district, as shown in the table above, apply to this development. In addition, a 40-foot setback from Dodd Road (a collector street) applies to Lot 6. Grading/ Existing Topog_raphY - The site is generally open and slopes to the west and south. There are variations in topography on the site, with elevations ranging from 944 to 910. The existing house is proposed to be removed. The preliminary grading plan is acceptable with some modifications. The grades proposed with this development match into the existing grades at the edges of the site. Several small retaining walls are proposed throughout the development. The street and curb grades on the proposed street should provide positive drainage from the backyards of the adjacent properties to the north (Overview Estates) to the proposed public street. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. 9r T Planning Report - Sumac Ridge June 26, 2007 Page 6 Storm Drainage - The preliminary storm drainage plan is acceptable with modifications. The storm water runoff from a majority of the development is proposed to drain via public storm sewer to a new storm water infiltration basin along the southern edge of the site, before discharging south to Trapp Farm Park near the Highline Trail. The outlet from this pond should be constructed with an outlet skimmer structure in accordance with City engineering standards. The outlet discharge to Trapp Farm Park should be constructed so as not to create soil erosion within the park. The developer should also provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. Utilities Sanitary sewer and water main is available to this site from Dodd Road. All existing well and septic systems on the site should be abandoned in accordance with Dakota County and City standards as part of this development. Streets/ Access/ Circulation Public street access for the development is proposed as a 500-foot long cul-de-sac that will intersect with Dodd Road, opposite Crimson Leaf Trail. This street right-of-way will abut the existing backyards of the Overview Estates properties (Lots 3 through 7, Block 3). Through a neighborhood meeting with the developer and City staff, Overview Estates property owners have indicated that they have no interest in utilizing the new proposed street, either as secondary access or with possible subdivision of their property. Given this indication, the developer should dedicate restricted access to the City along the entire north edge of the public street. Wetlands/Water Quality - This proposed subdivision is in the City's L Drainage District and is associated with the Shoreland Overlay District of Schwartz Lake (DNR #19-0063P), one of the City's highest priority lakes. The developer proposes to address City stormwater quality requirements by constructing one "infiltration basin" to retain and pre-treat runoff from the central portion of the parcel before it drains overland towards Schwanz Lake through City park property. The remainder of the developed parcel that would drain westerly and easterly and not to the basin would be subject to a water quality cash dedication. There are no wetlands associated with this parcel. Tree Preservation - A tree inventory submitted with this application indicates the existence of the following 99 significant trees: Species Avg. Diameter Dia. Range Count Percent of Total Pine 14' 633-20" 43 43% Maple 18" 10"40" 9 10% The balance of the tree inventory is comprised of ash, locust, oak, elm, cedar, and birch trees averaging 14" in diameter. The development as proposed will result in the removal of thirty-nine (39) significant trees (39.4% of the total). According to the City of Eagan Tree Preservation Ordinance allowable tree q~ T Planning Report - Sumac Ridge June 26, 2007 Page 7 removal for this type of development proposal (single-phase, multiple-lot, residential) is set at 40.0% of the total significant trees. With a proposed removal less than the allowable amount, there is no required tree mitigation for this proposal. There are many off-site trees (on private properties to the north and to the south) that may have critical root zones extending into this development site. Of special concern are some evergreen and deciduous trees located in the backyard areas of residences on Golden Meadow Road. The root zones of these trees may be impacted by the construction associated with the construction of the new entrance road for this development. To address this issue, that applicant has included a note on the Preliminary Tree Preservation Plan that states the "contractor/owner to meet with adjacent residents to determine the need for pruning (root pruning) or trimming of off-site trees". Staff is recommending that the Supervisor of Forestry be included in this site meeting to discuss off-site tree preservation issues and actions. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: Irn rovement Use Rate Quantity Amount Storm Sewer SF $0.106/ sf 126,585 sf $11,260* Trunk Total $11,260 *$13,420 ($0.106 x 126,585 sf) less $2,160 storm trunk assessment paid under Proj. 383 Parks and Recreation This development shall be subject to cash parks and cash trails dedications for the net increase of five lots, payable at the time of final plat at the rates then in effect. The 2007 rates are $3,308 and $250 per unit, respectively. The site is within the drainage area of Schwan Lake. Because of the proximity to the lake and the elevations, the least disruptive alignment for the City overflow storm water pipe, extending from the new on-site retention pond, is through a portion of the Highline Trail corridor. This portion of the corridor does not contain significant trees or vegetation and is not integral to the trail. Engineering and Park staff will meet in the field with the contractor to determine the exact alignment and also specify the required method of restoration as determined by the final alignment. ~ r. Planning Report Sumac Ridge June 26, 2007 Page 8 SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision (Sumac Ridge) to create six lots upon 2.9 acres located at 4395 Dodd Road in the NW 1/4 of Section 25. The property is located within the Shoreland overlay district of Schwartz Lake (DNR #19-63), a Recreational Development waterbody. The proposed development satisifies the shoreland zoning standards. Access into the site is proposed via a new cul-de-sac from Dodd Road. Sewer and water also will be extended into the site. City officials should consider the potential future subdivision of the adjacent Overview Estates Replat lots to the north. Further subdivision was contemplated in the 1970s. The adoption of the shoreland ordinance in the mid-1980s established more restrictive lot requirements than typical R-1 standards. Further subdivision still could be achieved; however, the adjacent property owners have indicated no interest in subdividing their properties or in having a secondary access via the new street. While the City generally attempts to preserve future development opportunities to provide for orderly development and redevelopment, City officials may wish to require restricted access along the entire length of the north side of the proposed cul-de-sac. Existing well and septic on the site will need to be properly abandoned. On-site retention and water quality ponding is proposed, with storm runoff discharging into the park to the south. Storm water runoff to adjacent properties should be maintained at less than or equal to existing runoff rates. Tree preservation standards are satisfied without need for mitigation, however, the impact of construction on off-site trees remains a concern. Cash park and trail dedications will be required for the net increase of five lots, payable at the time of final plat at the rates then in effect. The 2007 rates are $3,308 and $250 per unit, respectively. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Sumac Ridge) to create six single- family lots upon approximately 2.9 acres located at 4395 Dodd Road in the NW I/4 of Section 25. If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B2, B4, C1, C2, C3, D1, and E1 2. The property shall be platted. 3. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 4. 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. Planning Report - Sumac Ridge June 26, 2007 Page 9 5. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 6. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 7. All existing well and septic systems on the site shall be abandoned in accordance with Dakota County and City standards as part of this development. 8. The outlet from the proposed infiltration basin shall be constructed with an outlet skimmer structure in accordance with City engineering standards. 9. The developer shall provide storm water management to control rates of storm water runoff to adjacent properties to less than or equal existing runoff rates. 10. The developer shall provide a restricted access easement along the north edge of the public street within the development. The easement shall be in a form acceptable to the City Attorney. 11. This subdivision shall be subject to a cash parks dedication payable at the time of final plat at the rates the in effect. 12. This development shall be subject to a cash trails dedication 13. The developer shall work with the City Engineering and Parks Department to determine the exact alignment of the storm pond overflow pipe and method of restoration. 14. The developer shall protect the preserved trees' critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 15. The developer shall schedule a site meeting with adjacent landowners to address actions required to protect critical root zones of off-site trees. The City of Eagan Supervisor of Forestry shall attend this meeting. 16. The developer 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. ~ T Planning Report - Sumac Ridge June 26, 2007 Page 10 17. Stormwater runoff shall be treated primarily via an onsite constructed pond. In particular, the design, construction, and function of the proposed "infiltration basin" shall satisfy City standards and criteria, as determined by City Engineering and the City Water Resources Coordinator and in accordance with City policies and water quality models. 18. In accordance with policies of the City's current Water Quality Management Plan, the developer shall provide additional measures so as to mitigate any increase in phosphorus loading to Schwanz Lake (DNR #19-0063P). 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. 19. A cash dedication in lieu of treatment ponding shall be required for the remaining developed area that will not drain to the basin. qO I T STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obli-gations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. T. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements, 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25 1987 September 15, 1987 Revised: July 10, 1990 Revised: February 2. 1993 LTS#5 STANDARD.CON q0 T. Eagan Boundary N Right-of-way p ~ Park Area Area Location Ma - Building Footprint 07 i s 11 t•~ • • ~ ~ • / fr s B i a O t ° • •a ♦ a eJ.~.M. nD. 7e (tYFY1.E`r - 4w& 0 a r / t y / / ■ St ro w.c / \w. ■ ■ Elm arr r■~r. Sub'ect Site R-n \ y i v ♦ g ' i ~ Af w ~ A 9A At O Ww Z • On a r w S ow wA ` + ~ k ■ ■ 01 I 4111 ft 4w del 1-1 . arupd. r ~ 409 IL 411 1000 0 1000 2000 Feet Development/Developer. 4395 Dodd Road Application: Preliminary Subdivision Case No.. 25-PS-08-05-07 Map Prepared using y ERSI Office 9.1. Parcel brio map data 005. provided 7r np g q (~(1pn by Dakota County Officece of f GI S and is current as of April 2005. Cltr of AI THIS MAP IS INTENDED FOR REFERENCE USE ONLY W d The City of Eagan and Dakota County do not guarantee the accuracy of this lnformatlon and are S Community Development Department not responsible for errors or omissions. T Current Zoning and Comprehensive Guide Plan 4395 Dodd Road (Sumac Ridge) Preliminary Subdivision Land Use Map 25-PS-08-05-07 Zoning Map PF a A R A ® R- R-1 R Current Zoning: Location R-1 A Single-Family Residential 1111 1 R-1 P A P P {00 0 600 1200 F..t-~ P y ~7 P# P Comprehensive Guide Plane LD Land Use Map 37 ® LO LD I Location Current Land Use Designation: LD LD P Low Density LD P p Y LD LD goo 6 boo 1200 F..t lbrl n~ /-T9-TT-P}T~ _ T r~~ N ~ parcel bau map Information prgNdaby Dakota C~nty Land Department D•cmbw 2003. Zoning Information maintained 6yCity lty Matt EIa Cit of Ea an W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY J The City of Eagan and Dakota County do not guarantee the accuracy of this Information. S a . T r m. ,AwhRE .T ;.R"T -2-D ON lip II - ~ ro ~ _ terms ~1 ~ 1 1 I r- 11 Mq L__ _1J I II w~t I I ~ I 1Y 1 ~ I n C. I _ ro rn, - MI _ J - - - °w € w m 1 I~ me _ ( I - i nui I f E I i 8 CJ ' I A 41 Y I:. 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L4 :S p G C_n y} H O l Y I 11'1 1 if I O t'~ I I J W J I~ O r 1 1 -s_ lia _----I E! I I O -o o T 1 11 I ~y Yw 4 Ida O. I I O i I I I o Ys L --o_ 'rl e 1 J 9-1 £ ~ $~a I ~ I 1iLnn1 ~ .rO t .rKO I Mig 7 d F FJ a s a iA z ~a a r V F - - _ - AUTUMN LEAF C;7'777-7777-7 % James R. Hill, Inc. OA nm A -AN, "MN TA ~S .2 TITLE SHEET-PREM"PkRX PLAT PLANNERS /ENGINEERS /SURVEYORS ie o ~ .,M lie mD H ~G Sip va ,uWgi_.W •afl .f..'~ CmASsCl"gA~Re NY yss~ ssntmz " x. & ww>-':: r x'c wnr,r.+ II T Patrick Julik Cascade Partners, LP 3120 South Loop Road Burnsville, Minnesota 55306 May 16, 2006 Dept. of Community Development City Of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Preliminary Subdivision Application for Crimson Ridge Dear Staff, Planning Commission, Council, Thank you for the opportunity to propose Crimson Ridge, a 6 lot residential subdivision located on the site with a current address of 4395 Dodd Road. Project Description Crimson Ridge is a 6 lot single-family residential development extending off of Dodd Road adjacent to High Line Trail. Public streets and utilities are proposed. The only street (Crimson Court) is a conforming cul-de-sac. The lots will average slightly over 15,000 sq. ft. The site has been designed to maximize retention of existing significant trees along Dodd Road, the southem edge of the site, and the Western portion of the site. The existing land use is a single-family home that will be removed. No variances are requested. ' Existing Proposed Zoning Classification R1 - Residential Single Family R1 - Residential Single Family Comp Guide Designation LD - Low Density LD - Low Densit Table 1: Existing and Proposed Zoning, Comp Guide Plan Designation, and Zoning Surrounding Land Uses and Zoning within 660 Feet of Site The surrounding land uses are Low Density and Park. The zoning within 660 feet of the property are R1 - Residential Single Family, PD - Planned Development (single family use), P - Park, and A - Agricultural. Tiimina/Phasing Preliminary Subdivision Approval - July 2007 Site Preparation and Grading - August 2007 Final Subdivision & Plat - September/October 2007 Improvements and First Home Start October/November 2007 Summary The attached documents and supporting facts demonstrate a welcome addition to the City of Eagan, providing Staff, the Planning Commission, and City Council the ability to thoughtfully review, support, and approve this development. Sincerely, Patrick J. Julik Cascade Partners, LP T, 06/26/2007 09:03 FAX Q001 Fax To: Community Development From: Todd Harpster Department _ 746 Golden Meadow Rd Fax: (651) 675-5694 Fax: Phone: Phone: (651) 686-0704 Date: 6/26/2007 Sub'ect: Sumac Ridge - Advisory Planning Commission Meeting The property owners adjacent to the proposed development at 4395 Dodd Road have created the below list of requests and questions regarding this development. We also plan on attending the June 26"' Advisory Planning Commission Meeting to testify these issues in person. 1. Low maintenance right of way We understand that with the creation of a public road and cul-de-sac the five properties to the north of the development will be responsible for maintenance of the right of way. We have limited access to this area and request the right of way be established as a prairie grass planting with prairie and/or ornamental grasses. 2. Retaining wall near cul-de-sac The latest plans show a retaining wall that exceeds 5 feet in height very close to the property line. We request the retaining wall be located 'far enough away from the fence to provide a safe walkway. We are requesting the width of the walkway be approximately 3 feet wide. 3. We won't get value from the road We don't want to split our lots, and we don't want to be assessed for road repairs or improvements when needed 20-25 years from now. Questions: For this project, is there any reason we could be expected to pay (or assessed) for the adjacent land to be developed? What are the guidelines for who would pay for street repairs or improvements? If our properties are not using the road, we would be excluded from any assessment? RECEIVED JUN 2 62007 ~~l Agenda Information Memo July 17, 2007, Eagan City Council Meeting C. PRELIMINARY SUBDIVISION (SAMMY SWEET CHEEKS) -,JEFFREY HILL ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision of 1 acre to create three single family lots for property located at 2888 Sibley Hills Drive in the SW'/a of Section 4, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The proposed lots meet the subdivision and R-1 zoning district requirements. ➢ The applicant is requesting approval of a subdivision to create three single family lots. ➢ A single family home is present on the western portion of the site and will remain after subdivision. ➢ The development density is 3 units per acre. ➢ The property is located within the Noise Zone Buffer Zone. ➢ Access to the new lots is proposed from Skyline Drive. The driveway access for the existing home is from Sibley Hills Drive and is proposed to remain the same. ➢ The Advisory Planning Commission held a Public Hearing on June 26, 2007 and is recommending approval. ISSUES: ➢ None. 120 DAY AGENCY ACTION DEADLINE: September 12, 2007 ATTACHMENTS (2): Draft June 26, 2007 AP minutes on ages Staff report on pages through`. ~)Z Advisory Planning Commission Minutes June 26, 2007 Page 4 of 10 B. Sammy Sweet Cheeks Applicant Name: Owner Location: 2888 Sibley Hills Drive; Lot 6, Post Addition No. 2 Application: Preliminary Subdivision A Preliminary Subdivision of 1 acre to create 3 single family lots. File Number: 04-PS-07-05-07 Planner Schield introduced this item and highlighted the information presented in the City Staff report dated June 19, 2007. She noted the background and history. Chair Hansen opened the public hearing. Carl Glewwe, 2886 Sibley Hills Drive, stated concern for the impact of the development on his property, specifically restrictions to the future development of the back portion of his property. He stated other neighbors have expressed concern and suggested a neighborhood meeting to discuss their concerns. There being no further public comment, Chair Hansen closed the public hearing and turned the discussion back to the Commission. City Attorney Bob Bauer stressed that the APC was required to act on the subdivision proposal before them and that the-City's review the application determined that all City Code requirements had been met and, as such, the commission was obligated to recommend approval. Member Keeley moved, Member Chavez seconded a motion to recommend approval of a Preliminary Subdivision (Sammy. Sweet Cheeks) to create three single family lots, on property located at 2888 Sibley Hills Drive subject to the following conditions as amended: 1. The property shall be platted. 2. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Final Subdivision. 3. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2 and Lot 3, Block 1. 4. Architectural design and construction methods for the new home shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. 5. The proposed retaining wall construction shall be limited to areas on the development property, and outside public right-of-way. A vote was taken. All voted in favor. Motion carried: 7-0. P3 1 T PLANNING REPORT CITY OF EAGAN REPORT DATE: June 19, 2007 CASE: 04-PS-07-05-07 APPLICANT: Jeffrey Hill HEARING DATE: June 26, 2007 PROPERTY OWNER: Same APPLICATION DATE: May 16, 2007 REQUEST: Preliminary Subdivision PREPARED BY: Sarah Schield LOCATION: 2888 Sibley Hills Drive COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision of 1 acre to create three single family lots for property located at 2888 Sibley Hills Drive in the SW '/a of Section 4. 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. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. 114 Planning Report - Sammy Sweet Cheeks June 26, 2007 Page 2 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." BACKGROUND/HISTORY The Post 2°d Addition property was platted in 1954. The existing home was constructed in 1955. EXISTING CONDITIONS There is a single family home present on the one acre lot. A shed is located approximately 5 feet from the rear of the home. The majority of the parcels to the north, west and east surpass the minimum lot size requirement and range from 17,000 - 43,700 square feet in size. SURROUNDING USES All surrounding properties are zoned R-1, Single Family, and guided LD, Low Density Residential. EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is surrounded with residential uses. The addition of two additional single family homes appears compatible with the surrounding area. 11~ T Planning Report - Sammy Sweet Cheeks June 26, 2007 Page 3 Airport Noise Considerations - The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in Metropolitan Development Guide that anticipates the impacts from the continued operation of the airport at its current location. The noise policy contours in Eagan place the subject property in the Buffer Zone. The Met Council has recently adopted new land use compatibility guidelines, which incorporate the 2607 Noise Policy Contours. Under the new guidelines it is anticipated that infill single-family residential will be a provisional use within the Buffer Zone. Within this area, infill single family residential developments would be provisional. To approve such development in this area, the City Council would need to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft over flight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on-ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run-up areas. If the City determines that findings concerning these conditions support the approval of this application for in-fill development, it should be conditioned on the following: Architectural designs and construction methods for new construction within the development would incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared with a noise level of 60 DNL (based on the inside boundary of the noise zone). This would require an inside noise level reduction of at least 15 dBA (Issue #5). The City identifies the contours based upon the contours on its Zoning Map and Land Use Map (Issue #6). Density - The subject site is guided Low Density Residential 0-4 units/acre. The proposed subdivision will result in a density of 3 units/acre. The proposed density complies with the Guide Plan. 11~ T Planning Report - Sammy Sweet Cheeks June 26, 2007 Page 4 Lots - Proposed Lot 1 is 19,222 square feet, proposed Lot 2 is 12,160 square feet and proposed Lot 3 is 12,160 square feet. The existing single family home will remain on Lot 1 with the subdivision. R- 1 single family residential zoning district requires 12,000 square feet per lot and at least 85 feet width. Lots 1, 2 and 3 meet these lot requirements. Setbacks - Standard R-1 setbacks apply to this subdivision. The principal structure shall be 30 feet from any public right-of-way, 10 feet from the side property line and 15 feet from the rear property line. Any accessory structure shall maintain a five foot setback to the side and rear and a 30 foot setback to any public right-of-way. The subdivision appears to create lots that can accommodate the necessary setbacks. Grading/ Erosion Control - The preliminary grading plan is acceptable with modifications. The site is lightly wooded and generally slopes to the west and north. The proposed grades for the new houses and driveways on Lots 2 and 3 are shown to require the construction of retaining walls. The proposed retaining wall construction should be limited to areas on the development property, and outside public right-of-way. Utilities - The existing house on Lot 1 is connected to the City sanitary sewer and water main system. Existing sanitary sewer and water main of sufficient size, depth and capacity are available from Skyline Drive for service connection for proposed Lot 2 and 3. Existing service pipes are available for Lot 3, but the service construction for Lot 2 will require the excavation and restoration of a portion of Skyline Drive. Streets/ Access/ Circulation - The driveway access for the existing house on Lot 1 will remain onto Sibley Hills Drive to the west, and access to Lots 2 and 3 is proposed onto Skyline Drive. Skyline Drive was constructed in 1988 adjacent to the development (City Project 543R). Under this project, the City identified special assessments for this property for street, sanitary sewer and water main improvements based on the property size ability to further subdivide. The property owner at the time objected the assessments at District Court for the area of the property adjacent to Skyline Drive. The Court struck the assessments from the project assessment roll, because, in the Court's opinion, the property was not able to be subdivided. This development should be responsible for payment of these assessments from Project 543R, at rates in effect at time of final subdivision. Financial Obligation - At this time, there are no pending assessments on the parcel proposed for platting. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: T. Planning Report - Sammy Sweet Cheeks June 26, 2007 Page 5 Sanitary Sewer Lateral SF $28.30/ f.f 381 f.f $10,780 Water Main Lateral SF $28.60/ ff 381 £f. $10,900 Sewer/ Water Services SF $1,460/ ea 1 ea $1,460 Sanitary Sewer Trunk SF $1,1501 lot 2 lots $2,300 Water Main Trunk SF $1,200/ lot 2 lots $2,400 Storm Sewer Trunk SF $0.106/ sf 24,320 $2,600 Total $30,440 Parks and Recreation - This development shall be responsible for a cash park dedication and a cash trail dedication for the two newly created lots based on the rates in effect at the time of Final Subdivision. Tree Preservation - An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2 and Lot 3, Block 1. SUMMARY/CONCLUSION The subject site is currently developed with a single family home. The applicant is requesting to subdivide the site into three single family lots. As proposed, the lots will comply with R-1 standards and is consistent with low density residential. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Sammy Sweet Cheeks) to create three single family lots, on property located at 2888 Sibley Hills Drive; subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, C1, D1 and E1. 1. The property shall be platted. 2. This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Final Subdivision. 3. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2 and Lot 3, Block 1. 4. Architectural design and construction methods for the new home shall incorporate sound alteration standards sufficient to achieve an interior sound level of 45 dBA. 5. The proposed retaining wall construction shall be limited to areas on the development property, and outside public right-of-way. leg STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way 1. This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. II 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25. 1987 September 15, 1987 Revised: July 10. 1990 Revised: February 2,,1993 LTS#5 STANDARD.CON /2-0 T . Eagan Boundary Parcel Area Location Map Park Area - Building Footprint d ~ cagM1. CIf.rY, E..V. ril ■ Sub"ect Site r ♦ ■ Ir Ir 1 " • 1 s r 1 ~ t _ k.. ` iz ~s ♦ 1 r ' t 1 do -111 aid r • e► e , 1 to Wo a e A y ` E e I • I a -will 1 C:::7 g B~ e. ~ 1t w w~a. ere ♦ ■r a . ww y ® L. G L P w 3 r ` M Was mot am 9 Sul 1000 0 1000 2000 Feet Development/Developer. 2888 Sibley Hills Drive Application: Preliminary Subdivision Case No.: 04-PS-07-05-07 Map Prepared using ERSI Arc%Rew 3.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of April 2005. 12-1 City of Cajan 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 Dep•rtmant not responsible for errors or omissions. T . Current Zoning and Comprehensive Guide Plan Sammy Sweet Cheeks Preliminary Subdivision Land Use Map 04-PS-07-05-07 Zoning Map Na L Location i P R1 R-1 Current Zoning: 10 R-1 Single Family Residential Af o P O Ri =i R• d PF R-1 9 s ~ n 7 PD ~ i Goo o Goo 1200 Feet _ P 3n Comprehensive Guide Plan L Land Use Map ` P Location D LD P LD n Current Land Use Designation: A D D LD g LD Low De 2d nsity P LD LD 2d D L~ LD DP L MD S 600 o aoo lsoo r..e P ~ Parcel base map Idormatlon provided by Dakota Coanty Land Surrey Department Docmber 2005. N Zoning Inft maden maintained by City Staff. 1 City of Eajan THIS MAP IS INTENDED FOR REFERENCE USE ONLY 1 ZZ W E Tho City of Eagan and Dakota County do not guarantee the accuracy of this Information. 3 T . F~S~g6 P'`U°~~°~ y~F3;°©91CQ3set'•e' ® •oju C).6 ~ ~ fie:-•"'~_' Ok~~~~l~ ~ R ~~~~5~~ ~A A a~ r p ~ ~ ~ f E 3 ° ~ 6 ! ~ & @ e c • ~ Imo'' . l^ y'e1 14M `l tom- , I 1: g y g •,M E mle ~ o; ~ ~p y ~ y - - o - - - T- I 10 I r I y~~.., s a I I I I a C 1M- sY° r 0 .8 i; I a 7 r. S g ~ $ .y LI V ,N~DI:SB'F 111.60 - IN r L N4 4; m w ~ I s n ~ ~ ~ ~ T 4 5 €3 ~ v : b xFE Fx6 g4~ ~ a H Ink P S E 3 ~ = i i og a i n $ $ a o° : $ % a € .n N ~ ~ ~ y d A PRELIMINARY PLAT >s . p CE n..p• ° Ftl i i i i Rc~gg $ gg4 E~ ! I ~~RS 4 V I k kR° gym ~y~ I ~ a ^~e I ~ ~ ~~s I i~g ~M , I _ c.K,tn l ~ Z I I { o eI I ~ I` y 1`¢~\4111 1 A SlYSV-. fib.- I ;C `v- Fg i I m a+a r I i F y 1 I A~ I a O i N 4] li~ r'y g i - 1 I I ~ 5 m , r' I I I L N - I I L-.--~--J Js q5 •.c.. 3 44g 11~ x Z m © ~a S r R aRk SITE PLAN sN U I 1" ~0.?1 0*0 x. E € c~ ARRR RPPPRRP P4 ~ a ¢ aaa~~~€~~§a€€ rri66i~ 'APR k,R 'tip 11 y X ~ ° - poi. nocu+acx :I, f `C rTj I'. Z m+ 43r d f y \I bz y. F G _ pZB _ \ Ph• -__x .Mt"~ VI° wyg zz SCI- -•1 - y- d { OFF F F`~ n~?T\~,~ ~ - Y LE C. 0 pg 4 C y q~A3 _n rp o~ ~ R k 8 e ~ b Na?~ P z pp N 9 P t Y V F ~ m u R ( GRADING PLAN SN 1. y ri r-. w - r.. It 1. r ' /y ha ~--st . ~ •u n ~ i f~ 'rd L+ ijk1y It f-~ ~ f• 1 DEVELOPMENT PLANS Jeff Hill 2888 Sibley Hills Dr Eagan, Mn. 55121 Subject property is a one acre lot located in the Post Edition on the corner of Sibley Hills Drive and Skyline Drive. There is currently one home on the lot with potential lots 2 and 3 serving as the back yard of the existing home. I can't say with certainty what the actual zoning designation is in the area but I think I am safe in assuming it is residential and most likely designated for single family dwellings since that is what is existing within a very large radius. Land use within 660 ft is all single family residential. My plans are to divide the 1-acre lot into three separate lots as depicted in the preliminary subdivision plan. My short term plan for timing/phasing at this point is to have two marketable lots. Future development decisions to be made at such time that the plans are approved, and after consideration of the market conditions at that time. RECEIVED MAY 16 200? ~2 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 17, 2007 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Purchase Agreement for Wing Seto Property at 4030 Cedarvale Drive 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Public Hearing to Consider the Use of Eminent Domain for the Acquisition of the Remaining Redevelopment Properties in the Cedar Grove Core Area F. OTHER BUSINESS G. ADJOURN l~ T. Agenda Information Memo Eagan Economic Development Authority Meeting July 17, 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 July 10, 2007 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the July 10, 2007 EDA meeting on pages 129 t MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 10, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, July 10, 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 Dougherty. ADOPT AGENDA Community Development Director Hohenstein noted that an additional item will added regarding the termination of a Predevelopment Agreement with Atlas 55. Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the minutes of the July 19, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS There were no items of old business. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT SELECT MASTER DEVELOPER FOR CEDAR GROVE CORE AREA Community Development Director Hohenstein introduced this item noting that the City Council, at its workshop of June 12, interviewed three development teams who had submitted proposals for the redevelopment of the Cedar Grove Core Area. The Council narrowed the fields to two developers, Doran-Pratt and TOLD Development. Representatives of both companies were present and answer numerous questions of the EDA. After discussion, the Commissioners agreed on their selection. Commissioner Bakken moved, Commissioner Tilley seconded a motion to select Doran- Pratt to serve as master developer and partner with the City for the development of the Core Area of the Cedar Grove Redevelopment District. Aye: 5 Nay:O IID 7"N T NORTHEAST EAGAN REDEVELOPMENT DISTRICT TERMINATION OF PREDEVELOPMENT AGREEMENT WITH ATLAS 55 Community Development Director Hohenstein stated that the EDA, the City of Eagan and Atlas 55 had worked together to review the potential for a redevelopment project including concept site plan review, analysis of financial pro formes and discussion of redevelopment alternatives and following due diligence review on behalf of both parties, it was determined that a project could not be identified that resulted in eligible redevelopment expenses or a financing gap for public financing assistance. Commissioner Tilley moved, Commissioner Fields seconded a motion to terminate the predevelopment agreement between the Eagan EDA, the City of Eagan and Atlas 55 regarding the potential redevelopment of properties on the south side of Highway 55. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 8:30 p.m. Date Thomas Hedges, Executive Director T , Agenda Memo Eagan Economic Development Authority Meeting July 17, 2007 1. CEDAR GROVE REDEVELOPMENT DISTRICT - RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR WING ETO PROPERTY 4030 CEDARVALE DRIVE ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement and related documents for the Wing Seto property, 4030 Cedarvale Drive. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the voluntary acquisition of properties in which there is a willing seller. • In response to the City's notice that it would be initiating appraisals of properties in the Cedar Grove Area, the City was approached by the Wing Seto, owner of the property at 4030 Cedarvale Drive indicating that he had recently completed an appraisal and asking that the City consider acquisition on its basis. The City's appraiser conducted a review appraisal and determined that Mr. Seto's appraised valuation was supportable. • Staff and the owners have tentatively agreed to a sale of the property to the EDA for $375,000, pending EDA action. The purchase agreement and related documents are in order for consideration at this time. Separate provisions will be made for the temporary tenancy and relocation of the tenant business, House of Wing. ATTACHMENTS: • Area map on page 05 • Resolutions on pages 4- • Purchase Agreement and related documents available upon request. T Eagan Boundary NPa9ee Area Location Ma u Park Area - Building Footprint V 46h: Billion 49 9 str ~.t . a r 40 ♦ r ♦ r A 46 am Y r • ~ , w r e l , a •001 r C ri ♦ IA fr, .1F 1w ~I SuMect Site - + w w ♦ r1 4fff 7 • r , S , ~~M ~Il~11F ~ a r ~ 7 f;!-.1 1000 0 1000 2000 Feet House of Wing 4030 Cedarvale Drive Map Prepared using ERSI ArcView 31. Parcel base map data provided I N by Dakota County Office of GIS and is current as of April 2005. City of Eapn 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 5 Community Development Department not responsible for errors or omissions. 1 ~ T CITY OF EAGAN RESOLUTION APPROVING PURCHASE AGREEMENT FOR 4030 CEDARVALE DRIVE - WING SETO PROPERTY BE IT RESOLVED by the Eagan City Council to approve the purchase agreement for 4030 Cedarvale Drive, the Wing Seto Property, in the Cedar Grove T1F District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION 1, 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 17'' day of July, 2007. Maria Petersen, City Clerk 13~ T EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING PURCHASE AGREEMENT FOR 4030 CEDARVALE DRIVE - WING SETO PROPERTY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve the purchase agreement for 4030 Cedarvale Drive, the Wing Seto Property, in the Cedar Grove TIF District for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 17'h day of July, 2007. Jon Hohenstein, Secretary/Deputy Executive Director l~5 Agenda Memo Eagan City Council Meeting July 17, 2007 2. CEDAR GROVE REDEVELOPMENT DISTRICT PUBLIC HEARING TO CONSIDER THE ACQUISITION OF PROPERTIES NEEDED FOR THE PROPOSED REDEVELOPMENT. ACTION TO BE CONSIDERED To (hold and) close the public hearing to consider the public purpose of acquisition of properties located in the Cedar Grove Redevelopment District and direct preparation of Findings of Fact for Approval or Denial of authorization to acquire properties by eminent domain to be considered at a future City Council-EDA meeting. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including pubic improvements, environmental reviews, a 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 its last council meeting, the City selected Doran-Pratt as the new master developer of the core area redevelopment area to initiate the next phases 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 requested 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, the 2006 amendments to the eminent domain law have created an exception to the new requirements and the deadline for the use of the tool without falling under the new requirements. The exception is for tax increment financing districts that were certified and adopted before February 1, 2006 and identified property as intended to be acquired. The Cedar Grove TIF District meets these I~ T. qualifications. Accordingly, 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. • While the staff and the City Attorney will continue in that direction 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. • At its meeting on June 5, 2007, the EDA and City Council scheduled a public hearing to consider the acquisition of remaining properties in the Cedar Grove Area by eminent domain on July 17, 2007. Consistent with the requirements of Minn. Stat. Chap. 469, the City published notice of this hearing with its legal newspaper on July 7, 2007, which is not less than 10, nor more than 30 days prior to the hearing. The City also provided written notice to all property owners advising them of the public hearing. • It would be in order for the EDA and City Council to receive background information and hold the public hearing to receive testimony in this matter at this time. • The EDA and City Council should determine on the basis of the record and the information available to them whether or not to authorize the use of eminent domain, if necessary, for the acquisition of the properties noted and direct the preparation of findings and a resolution to that effect to be considered at the next City Council and EDA meetings. • If the EDA and City Council approve the purchase agreement for the Wing Seto property in the business item preceding this one, that property will not be included in the findings and resolution noted above. ATTACHMENTS: r • Redevelopment District Map on page 1 LRO • List of properties remaining to be acquired and map on pages through YU • Mailed notice and companion letter on pages )H I_ through • City Attorney's background memo on pages 195 through 1,50 • Additional correspondence: a Jerry Larson letter to customers on pages 151 through 155 o Letter from Mark Stowman to Jerry Larson on page / o Staff memo regarding Larson letter on pages /6^/ through 6 o Mediterranean Cruise flyer on page n Information letter from City to Cedar Grove business and property owners on pages through 137 ~J Q o w 0 0 O O o q a G3 o oea o~ o o E= L:3 0 m o ~o g n n Q pdr~ Q ❑u uo ~ p ° 8 It CD Q• o O O p p o O I f ❑ 0 % ~ Oow~ n U g~ \3 p ° 0 4~Ob Q 9~`3 o O Cloooo 09~ o °9 o b ED o Q p C7~~p ooaoo b ~ o W o 0o n o p 4 W a ° ° °o~ o a a -O~ Z ~ O q~,' 000 W E CL CL .2 cc CL a Q~~ • 0 pd~ o p c (D v ~q W ~ p° G oD lz z m V W> o °Q L ~UOS ~o o 'b~ o oa ~o n o p° c~ W o~ 0 0 a ~p a° 013 J 4 vs 0 C7 ? O 0 oa s7o01N 0 a a Q l~ 1. LIQL- z CL U o LL co o .2 O w U = -0 a c c l 7 J m cr d N a O Q CL O rTi rc (a =3 P V Q1 o .v.- i W Q l~0 N Q y a O °z° m N K V W U Li z a z •a o 3 W r ° 'XI a r' w w own) p J all ~ y K U) Z W Q IL z Vl p Y W U Ix, Z h d i (A s W '7 s ° I' N V W go 't AAA ~ W ' 3 -C ~ s ~o gym, >o ~ J E w '~J P 5 Z z 2- 0 02 s, W W w ui K ' " 2 l Z Y eL a W • 12 0 66 C 5 5 °Y' w W PH 9106 N v z w Z N z o z 4 c d g 2Z a w W o~ 5 H xy va oz = i a LLI w 7 cc a w U K i Geda EXHIBIT 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. IUD f SAMPLE OF MAILED NOTICE COVER LETTER June 28, 2007 Addressee: RE: Proposed Acquisition of Property Through Exercise of Eminent Domain Dear The Eagan Economic Development Authority ("EDA") has scheduled a public hearing on July 17, 2007, at approximately 6:30 p.m. at the Eagan City Council Chambers in the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota, to take public comment and testimony to consider the public purpose of the acquisition by eminent domain of certain properties located within the Cedar Grove Development District. A copy of the Public Notice for that hearing is enclosed. Notice is sent to you as an owner of one of the affected properties, that being the property located at and legally described as: At the public hearing referenced in the enclosed notice, the EDA will consider authorizing the use of eminent domain for the acquisition of your property in the Cedar Grove Redevelopment District. If the EDA makes that authorization, the process involves a number of specific steps by which the value of the property will be determined. A parallel process will determine the costs and logistics related to the relocation of any businesses located at your property. If you are represented by legal counsel, they can provide you with an explanation of those steps and your rights within the process. The purpose of this letter is to let you know that the EDA will remain open to a negotiated settlement with you if an appraisal based price and mutually acceptable terms can be agreed to. We realize that you will have questions and concerns as this process moves forward. We also know that you have heard and will hear conflicting opinions about the Cedar Grove Project and the EDA's acquisition of property to move the project forward. We want you to know that our staff remains available to discuss options and respond to question at any time. If you have questions, please contact me at (651) 675-5653 or I ~I Jamal D. Ansari and Oraib D. Ansari June 28, 2007 Page 2 jhohensteinncityofeagan.com, or your legal counsel may contact Robert Bauer at the City Attorney's office at 952-432-3136 or bauerr a seversonsheldon.com. Very truly yours, Jon Hohenstein Community Development Director City of Eagan Enclosure cc: Thomas L. Hedges, City Administrator Robert B. Bauer, City Attorney r, PUBLIC NOTICE NOTICE OF PUBLIC HEARING CITY OF EAGAN DAKOTA COUNTY STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the Eagan Economic Development Authority and the Eagan City Council, City of Eagan, Dakota County, State of Minnesota, will each hold a public hearing on July 17, 2007, at approximately 6:30 p.m. at the Eagan City Council Chambers in the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota, to consider acquisition of the properties identified below by exercise of the Economic Development Authority's powers of eminent domain. The properties to be included in the consideration of acquisition by eminent domain are located within the Cedar Grove Development District and the City of Eagan. A map of the subject properties is set forth below. The affected properties are further identified by property identification number and legal description as follows: 3830 Sibley Memorial Hwy, Eagan, MN 55122; PID# 10-16901-020-01 and 10-16901-010-00; legally described as: Lot 2, Block 1, and Outlot A, Cedarvale 2nd Addition. 3880 Sibley Memorial Hwy, Eagan, MN 55122; PID# 10-16901-040-01, 10-16901-030-00, and 10- 16901-040-00; legally described as: Lot 4, Block 1, and Outlots C and D, Cedarvale 2nd Addition. 3890 Nicols Rd, Eagan, MN 55122; PID# 10-01900-010-03; legally described as: That part of the NE 1/4 of Section 19, Township 27, Range 23, described as follows: Starting at the Southwest corner of said NE 1/4; thence North along the West line of said NE 1/41056 feet to the point of beginning; thence Easterly at right angles to said West line a distance of 195 feet; thence Southeasterly perpendicular to State Highway No. 13 a distance of 86.84 feet to the Northwesterly Right of Way line of said State Highway No. 13; thence Southwesterly along said Right of Way a distance of 333.97 feet to the West line of said NE 1/4; thence North along said West line 284 feet to the point of beginning. Except the West 33 feet for Highway, also Except that portion of State Highway No. 13 taken for sight purposes. 3910 Cedarvale Dr, Eagan, MN 55122; PID# 10-01900-073-06; legally described as: Apartment C, Cedar Office Buildings, Condominium File No. 2, Dakota County, Minnesota. 3925 Sibley Memorial Hwy, Eagan, MN 55122; PID# 10-13700-070-01; legally described as: l~ T Lot 7, Block 1, Barton McGray Addition. 3945 Sibley Memorial Hwy, Eagan, MN 55122; PID# 10-13700-050-01; legally described as: Lot 5, Block 1, Barton McGray Addition. 3955 Sibley Memorial Hwy, Eagan, MN 55122; PID# 10-13700-040-01; legally described as: Lot 4, Block 1, Barton McGray Addition. 3914 Cedarvale Dr, Eagan, MN 55122; PID# 10-16850-031-01; 10-16850-040-01; 10-16850-050-01; and 10-16850-060-01; legally described as: Lots 1 and 2 and the southwesterly 28 feet of Lot 3, Cedarvale Office Park, and Lot 6, Block 1, Cedarvale Office Park; and Lot 3, except the southwesterly 28 feet thereof, Lot 4 and Lot 5, Block 1, Cedarvale Office Park. Together with and subject to a non-exclusive easement for ingress, egress and foot travel over and across portion of Lots 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 and 12, said portions being more particularly described as those portions of said Lots located within an area 14 feet in width lying between the most northerly line of the watermain easement and the most southerly line of the sanitary sewer easement as the same appear on the said plat of Cedarvale Office Park. Together with and subject to a non-exclusive easement for parking purposes over Lot 6, Cedarvale Office Park. 3975 Sibley Memorial Hwy, Eagan, MN 55122; P1D# 10-13700-020-01; legally described as: Lot 2, Block 1, Barton McGray Addition. 3904 Cedarvale Dr, Eagan, MN 55122; PID# 10-16850-123-01; legally described as: Lot 11, Block 1, Cedarvale Office Park except that part of Lot 11 lying Southwesterly of a line parallel to and 10 feet Northeasterly of the Northeasterly line of Lot 12 and that part of Lot 10 lying Southwesterly of a line parallel to and 34 feet Northeasterly of the Northeasterly line of Lot 11 (all in Cedarvale Office Park).TOGETHER with and subject to a non-exclusive easement for ingress, egress and foot travel over and across portions of Lots 1, 2, 3, 4, 5, 7, 8, 9, 10, 11 and 12, said portions being more particularly described as those portions of said Lots located within an area 14 feet in width lying between the most Northerly line of the water main easement and the most Southerly line of the sanitary sewer easement as the same appear on the said plat of Cedarvale Office Park. TOGETHER with and subject to a non-exclusive easement for parking purposes over Lot 6, Cedarvale Office Park. Subject to the following exceptions: Easements, restrictions and reservations of record. 3906 Cedarvale Dr, Eagan, MN 55122; PID# 10-16850-122-01; legally described as: t Lot 12 and that part of Lot 11 lying Southwesterly of a line parallel to and 10 feet Northeasterly of the Northeasterly line of Lot 12, all in Block 1, Cedarvale Office Park. 3985 Cedarview Dr, Eagan, MN 55122; PID# 10-03700-010-01; legally described as: Lot 1, Block 1, Barton McGray Addition. 3946 Nicols Rd, Eagan, MN 55122; PID# 10-01900-010-08; legally described as: That part of the NE '/4 of Section 19, Township 27, Range 23, Egan Township, Dakota County, Minnesota described as follows: Commencing at the Southwest corner of said NE 1/4, thence North along the West line of said NE %4 a distance of 198.82 feet; thence East 33 feet to the Easterly right of way of Cedar Avenue also to be known as the actual point of beginning; thence North 47° East a distance of 270 feet; thence North 18'1 3'East a distance of 159.4 feet; thence North 40°55' West a distance of 75 feet to a line parallel with and 60 feet Southeasterly of the Southeasterly right of way line of Highway No. 13; thence North 49°05' East a distance of 408.8 feet along above described parallel line; thence North 40°55' West a distance of 60 feet to the Southeasterly right of way line of Highway No. 13; thence South 49°05' West a distance of 468.8 feet along the Southeasterly right of way line of Highway No. 13; thence South 24°32'30" West a distance of 272.85 feet along the Southeasterly right of way line of Highway No. 13 to the Easterly right of way line of Cedar Avenue, thence South 150 feet along the Easterly right of way line of Cedar Avenue to the actual point of beginning; subject to easements of record. AND EXCEPTING the following property deeded to the County of Dakota for road purposes. A Tract of land 17 feet wide, lying in the NE 1/4 of Section 19, Township 27, Range 23, described as follows: Beginning at a point 198.82 feet North and 33 feet East of the Southwest corner of NE '/4 of said Section 19, thence North 47°00' East, 23.24 feet thence North 171.38 feet; thence South 24°32'30" West, 40.93 feet; thence South 150 feet along present (1964) 33 feet Easterly right of way line of C.S.A.H. No. 23 to the point of beginning. 3995 Cedarvale Dr, Eagan, MN 55122; PID# 10-01900-050-08; legally described as: That part of the NE '/4 of Section 19, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the Southwest comer of said NE '/4; thence North, assumed bearing, along the west line of said NE %4 a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence N. 47°00'E. a distance of 143.0 feet to the actual point of beginning; thence continue N. 47°00'E. a distance of 127.0 feet; thence N. 18°13'E. a distance of 159.4 feet, thence S. 40'55' East a distance of 75.0 feet, thence South 49°05' West a distance of 20.0 feet; thence S. 40°55'E. a distance of 140.35 feet; thence S.56°41'W. a distance of 30.02 feet; thence S. 79°22'20" W. a distance of 247.81 feet to the point of beginning. Containing 0.54 acres. Except easements and restrictions of record, including the conditions and restrictions specifically set f forth in that Warranty Deed between D.C.R. Company, a Minnesota corporation, grantor to Eugene F. Slater & Julia A. Slater, grantees, dated Sept. 30, 1967, and recorded Dec. 4, 1967 in Book 189 of Deeds, page 538 as shown at No. 3. 3998 Sibley Memorial Hwy, Eagan, MN 55122; PID# 10-01900-030-08; legally described as: That part of the NE 1/4 of Section 19, Township 27, Range 23, described as follows: Commencing at the SW corner of said NE 1/a; thence North along the West line of said NE 1/4 a distance of 198.82 feet; thence East 33 feet to the Easterly right of way line of Cedar Avenue; thence North 47° East a distance of 270 feet; thence North 18°13' East a distance of 159.4 feet; thence North 40°55' West a distance of 75 feet to a point on a line parallel with and 60 feet Southeasterly of the Southeasterly right of way line of State Highway No. 13; thence North 49°05' East parallel with said Southeasterly right of way line 100.0 feet to the actual point of beginning; thence South 40°55' East a distance of 190.00 feet; thence North 49°05' East parallel with said Southeasterly right of way line 100.0 feet; thence North 40°55' West a distance of 190.0 feet to a point on a line parallel with and 60 feet Southeasterly of said Southeasterly right of way line; thence South 49°05' West a distance of 100.0 feet to the point of beginning. 4015 Cedarvale Dr, Eagan, MN 55122; PID# 10-01900-090-08; legally described as: That part of the NE 1/4 of Section 19, Township 27, Range 23, Dakota County, Minnesota described as follows: Commencing at the SW corner of said NE 1/4; thence North along the West line of said NE 1/4a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence North 47° East a distance of 270 feet; thence North 18°13' East a distance of 159.4 feet; thence North 40'55' West a distance of 75.0 feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49°05' East parallel with said Southeasterly right of way line 358.8 feet; thence south 40°55' East a distance of 112.0 feet to the actual point of beginning; thence South 49°05' West parallel with said southeasterly right of way line 158.8 feet thence South 40°55' East a distance of 78.0 feet; thence North 49°05' East parallel with said southeasterly right of way line 158.8 feet; thence North 40°55' West a distance of 78.0 feet to the point of beginning. 4030 Cedarvale Dr, Eagan, MN 55122; PID# 10-01900-100-08; legally described as: That part of the NE U4 of Section 19, Township 27, Range 23, Dakota County, Minnesota, described as follows: Commencing at the SW corner of said NE 1/4; thence North, assumed bearing along the West line of said NE %4 a distance of 198.82 feet; thence East 33.0 feet to the easterly right of way line of Cedar Avenue, which is the point of beginning; thence North 47'00' East a distance of 49.61 feet; thence North 79°22'20" East, a distance of 336.72 feet to the Northwesterly right of way line of Beau-De-Rue Drive; thence South 56°41' West along the Northwesterly right of way line of Beau-De-Rue Drive 439.46 feet to T the Easterly right of way line of said Cedar Avenue; thence North along said easterly right of way line 145.5 feet to the point of beginning. Containing 0.72 acres. Subject to easements and restrictions of record. [insert map here] All interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. BY ORDER OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA /s/ Jon Hohenstein, Community Development Director SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL bauerr@seversonsheldon.com TO: Jon Hohenstein, Community Development Director FROM: Robert B. Bauer, City Attorney DATE: July 13, 2007 RE: Background for Public Hearing on Consideration of Use of Eminent Domain for Properties in Cedar Grove Our File No. 206-23508 The Notice of Public Hearing has been published and sent to the property owners pursuant to Minn. Stat. § 469.012, subd. 6. On July 17, 2007, a public hearing will be held and the EDA will need to receive public comment on the proposed use of eminent domain and make sufficient findings and conclusions to support the acquisition. Typically the EDA will not take action at the public hearing, but instead will direct the City Attorney to prepare findings to be considered by the City Council and the EDA at its next meeting. The general relevant information that should be considered by the EDA includes the history of the establishment of the TIF District, the steps the City has taken to acquire a substantial portion of the redevelopment area and the City's overall plan for redevelopment in the area. Specifically, relevant background to the discussion is as follows: Formation of Redevelopment TIF District ➢ The City certified the creation of the Cedar Grove Redevelopment TIF District on July 22, 2003 for the purpose of increasing the tax base, increasing employment, modernizing outdated incompatible buildings and furthering the City's ultimate objective of creating an economically viable redevelopment project. / 7L1111 ~ T Jon Hohenstein, Community Development Director July 10, 2007 Page 2 ➢ When the district was initially created, the City retained SEH to conduct inspections and determine eligibility assessments. SEH concluded that 57% of the buildings in the district were found to be structurally substandard. ➢ The acquisition and assembly of parcels with substandard buildings and additional parcels is permitted in redevelopment districts and the acquisition and assembly of the parcels under consideration for acquisition at this time was contemplated as part of the TIF Plan. Notice of Hearin ➢ The EDA published the notice of hearing on July 7, 2007, which is no more than 30 nor less than 10 days prior to the hearing. ➢ The EDA sent notice of the hearing to each property owner on June 28, 2007, which is no more than 30 nor less than 10 days prior to the hearing. Acquisition and Assembly of Properties ➢ The City has been actively acquiring and assembling properties in the redevelopment area and its single largest property owner in the area. In the core area, the City has acquired: o All American Recreation o AWR o Cedarvale Mall o Eagle Valley Bank o Marsha Ellingson Property o Eagan Eye Clinic a Fitzgerald Property o Frattallone's Hardware o Goodyear Tire a Kids Castle (Steve Martin) o Minsk Market o Lyndon Nelson (Office Condominium) o Plourde Sales a Valley Bike & Ski ➢ The properties being considered to be acquired by the EDA are intended to be redeveloped for public uses and for public purposes and that the acquisition will be necessary and appropriate to bring about the redevelopment project within the City. 1~ g Jon Hohenstein, Community Development Director July 10, 2007 Page 3 ➢ If the acquisitions are to occur in a timely manner and be available for redevelopment in 2008, it is necessary for the EDA to act at this time and to consider the use of quick take for the acquisitions. ➢ The EDA has engaged an appraiser to complete an appraisal of all of the remaining properties needed for the redevelopment. ➢ The EDA will make offers to the property owners and continue to negotiate for the acquisition of the properties. Nevertheless, the use of eminent domain may be necessary to ensure that all properties within the core redevelopment area that are needed for redevelopment are available to achieve the City's overall goals for redevelopment in the area. Applicability of Pre-2006 Eminent Domain Law ➢ As the Council and EDA have previously noted, the 2006 amendments to the eminent domain law have created an exception to the new requirements and the deadline for the use of the tool without falling under the new requirements. The exception is for tax increment financing districts that were certified and adopted before February 1, 2006 and identified property as intended to be acquired. ➢ The Cedar Grove TIF District meets these qualifications. Accordingly, the deadline is five years from the certification of the district, which in Cedar Grove's case will be July 22, 2008. l~ ~ T Larson Auto Repair, Inc. Phone 651-454-2020 3955 Cedarview Drive Fax 651-454-9295 Eagan, MN 55122 email islarson(a)-eschelon.com To All Eagan Residents Who Use Larson Auto Repair: I have received many questions as to what is going on in the Cedarvale area and have decided to send out a letter to try and bring everyone up to date. The city has also been sending out newsletters each month to keep everyone up to date. Sometimes our government likes to paint a very nice picture so I would like to bring some black and white to the issues. What is going on? At this time no one knows! The city has received interest from 4 developers who are interested in becoming the new Master Developer. As most of you know the housing market is very slow and developers are walking away from projects almost every day. The remaining businesses in the Cedar Grove area have no information on when anything will happen. This project started back in 2001 and we have been told by the city numerous times that they are moving forward with the project. The project did not get underway during the housing boom that was going on during 2001-2005 but now that the market is in a slump the project will get underway. What do you think? Is the city still acquiring property? You bet! According to the cities web site they have spent $12,579,869.17 of taxpayer dollars to acquire property. Many of the properties the city is paying almost double the estimated tax value. (Don't get too alarmed, look at you own tax statement) The cities web site indicates that need to acquire another $6,142,300.00 in property. This will likely mean another 10 million in tax dollars! In a meeting I had with the city they used the term "fiscal responsibility". Where is all this money coming from? You the taxpayer! Now if the city has spent $12 million dollars of your money at 5% interest that is another $600,000.00 a year in interest that someone has to pay. The city may have the money in reserve and if so that would explain your taxes going up, so the city can stockpile money to buy land. And what about taxes, the average property in Cedarvale pays about 2.3% in tax based on the estimated tax value. If you add up all the property that city has acquired for just the year 2007 the county will lose $189,920.00 dollars in tax revenue, don't worry the county will just have to raise the rest of our taxes to make up for it. Remember the city is required to be "fiscally responsible". What do you think? l~l What's going on at the Cedarvale Mall? You the taxpayer are the new owners of the mall. That means you get to pay for plowing the parking lot, the heat bill, the electric bill and all the other expenses that go into operating the mall. But the city moved out all the tenets that were paying those costs and now just has two tenets. You would need to contact the city for the current profit/loss statement on the mall. The Mall sold in Dec 2002 for $2,975,000.00 and the city purchased the mall for $5,750,000.00. In 4 years the value of the mall almost doubled, I thought the Cedarvale area was a depressed economic area? But there is some good here, the city originally planned to sell the mall back to Schaffer-Richardson for $1 (yes, one dollar). But that deal fell through when they pulled out. What will the next developer pay? What do you think? Who is paying to knocking down the buildings and hauling them away? Some of have noticed that several buildings have been knocked down and hauled away. The buildings are Jim Cooper's Goodyear, Valley Bike store, Frattalone Hardware, and the strip mall next to Cedarvale. The cost to knock down and remove these buildings is approximately $190,000.00 (based on information I received from the city) which is being paid for by the city and county. Or you could just say the taxpayers. The city does indicate that they expect to recover some of the cost from the developer. Shouldn't the developer being incurring this cost instead of the taxpayers? They did haul in black dirt and it looks like they are planting grass. Are they going to mow it? Is this fiscally responsible?? Where have all the business gone? The City of Eagan issues the Eagan Business News and according to the First Quarter of 2007 report 28 businesses and the tenants of the Cedarvale mall have been "relocated". The information they provided was a little incorrect so to clarify the records: The city indicates Bally's Fitness relocated to Bloomington, Bally's closed and referred their members to their Bloomington location. The city indicates Frattalone Hardware "combined with other stores", the stored closed and the inventory was shipped to other stores. Goodyear Tire - They listed Jim Coopers twice, so this one doesn't count. Kids Castle Child Care, the city could not provide me with a forwarding address so it was concluded they closed. Minsk market, they are still in their current location. The city indicates Valley Bike and Ski moved to Apple Valley, truth - the owner had two locations, Eagan and Apple Valley. Eagan location closed. The city indicates Xerox moved to Bloomington, this is Xerox corporate headquarters for Minnesota. Too bad the city lost a major company like that. The city indicated that Tae Kwan Do had relocated in their news letter yet the email they sent me states "Not displaced by city. Moved early". Do they get credit for that one? About 50% of the businesses have moved out of the city. Are any of the businesses happy about having to move and do they feel the city was fare with them, call any of them and ask. You might find a happy camper if you look hard! Where does this leave Larson Auto? In my prior location I rented and was forced to leave due to redevelopment. When I acquired the location we are at I bought the property and worked hard to pay it off. I felt I had a place to work at until I was ready to retire. But the city has changed that. I believe that the government's right to take private property and give to another private individual is wrong, the people of the state of Minnesota agreed and new laws were passed to stop this from happening. But we tried to work with the city; in March of 2005 we located a repair facility in Inver Grove Heights for sale. The price of the facility was $1,200,000. (The location was larger than our current location) I offered to sell my property to the city for $800,000. The city declined and made no counter offer. In April of 2007 the Kennedy Transmission in Eagan closed and the building went on the market. The building is six bays, has less parking, no fenced in lot, and poor visibility. But it is close to our current location and how often do you see a car repair shop for sale. I contacted the city and offered to trade, a six bay repair shop for a six bay repair shop. The city could buy the Kennedy building and I would trade, let the city cut their best deal. (After all they don't seem to have a shortage of money!) Answer from the city - not interested - no counter offer. So it seems the city is not interested in my property unless they can acquire it on their terms. Therefore my property is no longer for sale. The city sent me a letter on April 20t", 2007 indicating they would like to appraise my property so they can start their eminent domain proceedings. I have denied them access to my property as it is not for sale. I have retained an attorney and we will fight all the way to the highest court possible if necessary to retain ownership of my property. If we lose it will mean the closing of Larson Auto. It is sad it has to come to this but I must make a stand and with the costs incurred of fighting this and the cost of relocating it will not be possible to do both. 153 What about eminent domain, I thought the laws changed? The people of State of Minnesota were upset by the case of Kelo v. City of New London and demanded changes in the law. Under the new law the government can no longer take private property and give to another private owner. (Such as the case in Richfield v. Walser for the Best Buy headquarters). It also requires the government to do the following: 1. Reimburse property owner up to $5000.00 to get an appraisal 2. Attempt a good faith effort to purchase the property 3. The government must pay attorneys cost if the city offers 40% less than the appraised value 4. Eminent domain can only be used if it is a true public use 5. Fully compensate someone if they must move Under the old law the government basically gets an appraisal, makes you an offer, and you take it or go to court. You must pay your own costs incurred in fighting the government, and as you know the government has lots of your money to spend fighting you! The State of Minnesota allowed a 5 year window for projects that were currently underway. This was so projects that were started but not finished would not run into financial problems due to a sudden change in the law. The city of Eagan plans to use the 5 year rule as it favors the city. The state drafted a new law as the old law was wrong, everyone agrees with that. The Cedarvale project has not started, in fact as of today no one knows what is going to be built or what the costs will be. So the city has a choice: 1. Chose not to use eminent domain, as they want to take private property to give to another private individual 2. If they chose to use eminent domain compensate property owners under the new fair laws. 3. Use the old law even though we all know it is wrong, but this will maximize the developer's profits. Jerry, why did you send me this letter? The city council has a responsibility to carry out the requests of the people of the city of Eagan who have voted them into office. They requested to be public servants when they asked to be elected. (I was a city council person; you don't do it for the money!) I believe they have a responsibility to listen to you and act upon your requests. So I ask that you contact your council members and tell them how you want the city to treat its property owners. Many of you have offered your support and you don't know how much )5q it means to me. And if you want more townhouses, new businesses or whatever the city wants to build I will understand. I have included the numbers to contact your city representatives: Mayor Mike Maguire 651-675-5048 Councilmember Paul Bakken 651-261-2526 Councilmember Peggy Carlson 651-688-7400 Councilmember Cyndee Fields 651-686-0351 Councilmember Meg Tilley 651-454-7819 1 thank you for taking the time to read this long message! If you have any questions on this issue I would request that you please email me at 'slarson frontiernet.net It is not that I do not want to discuss the issue with anyone it is just I would be on the phone all day, I am rather long winded!! I would like to thank all of you who have been loyal customers for so many years and it is you who make coming to work every day fun! With your help I hope to be able to service your cars for many years to come. Sincerely, Gerald Larson )55 From: Mark [mailto:Mark@wnav-video.com] Sent: Wednesday, June 20, 2007 9:11 AM To: jslarson@frontiernet.net CC: City Council Subject: City Letter Hi Jerry, I finally had the chance to read your letter. Very very nice job and I'm glad you took the time to write this. First if all, 1 hope things work out for you after all is said and done. I have a strong sense of justice and injustices like this do not sit well with me. I also have a BS degree in Urban Studies from the Univ of MN so there is some education and experience in what is going on here. If this is how it works, I made the best choice of my life not pursuing a City Planning career. My understanding is that the government is there to serve and protect the people it represents, at any level. I also realize it is a very complicated world we live in and there are always more factors involved than any one person is aware of. Still, I see inappropriate actions taken, or not taken, by the City of Eagan in this matter. The city has made mistakes and errors in judgment but they do not take responsibility for this, rather, they make people like you pay the price. As president and co-owner of WNAV Inc, a displaced tenant of this project, I give my support to you and wish you the very best in this matter. I will continue to use your services and I do not mind traveling through the "Ghost Town" that has been created and looks to be there for some time. By the way, are you getting any compensation from the city for the pure degradation of the business environment you operate in? Best Wishes and Good Luck, Mark Stowman WNAV Inc 801 American Blvd E Bloomington MN 55420 Me~o Clt of Eapn y TO: TOM HEDGES, CITY ADMINSTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 15, 2007 SUBJECT: OVERVIEW OF JERRY LARSON LETTER You had requested a brief overview of Jerry Larson's letter for background purposes. You and 1 had spoken about the fact that Jerry is using the letter to take a position against the project in general and the acquisition of his property in particular, so it would be inappropriate for us to go through every item and correct or debate its accuracy, completeness, slant or correctness. General observations about the topics in the letter are: • The City sees the project more positively than he does - He is correct. The City has successfully acquired a large number of properties and relocated even more businesses, the City and a number of property owners have made substantial investments in the area and, with the current developer selection process well underway, we anticipate even more to come. • Status of the Project - Mr. Larson says that no one knows what is going on, but acknowledges that the City is in the process of selecting a new master developer. The City provides updates to the community on the project through its website, the monthly newsletter to Cedar Grove property owners and the City newsletter. • Acquisition of Property - The City has been actively acquiring property on a voluntary basis for a number of years and currently has approximately 80% of the core area redevelopment property under its control. In order to establish a value that can be documented and supported for Council consideration, the acquisitions have been based on either a seller's appraisal that has been reviewed by the Cit)(s appraiser to determine whether it is a supportable valuation or by a comparison of the seller's appraisal and the City's appraisal. Mr. Larson indicates that some properties have been purchased for double their estimated market value for tax purposes. In the cases in which the appraisals supported those prices, that is true. Mr. Larson's property's current market value for tax purposes is $237,000. Two years ago, Mr. Larson hired an appraiser who valued his property at $585,000, but as noted in his letter asked $800,000 for it ($700,000 purchase and $100,000 relocation). City staff indicated that it would need to have the City appraiser review the appraisal to determine whether the $585,000 could be justified and that relocation costs are determined through an inventory and bid process. Staff and the City Attorney told Mr. Larson that the City was not in a position to pay more than the seller's appraiser believed the property to be worth. Mr. Larson refused to provide the appraisal to the City and asked the City to pay his asking price instead. • Purchase and Resale of the Cedarvale Mall - The dollar amounts for which Schafer Richardson bought and sold the mall as described in Mr. Larson's letter are correct. However, the City's acquisition of the mall was based on an appraisal by the seller, which was reviewed and supported by the City's appraiser, as was the case with the other properties the City has acquired. If the project had moved forward with Schafer Richardson, the development agreement called for the Mall to be resold to their development partnership at the City's purchase price of $5,750,000. • Demolition of Buildings - Building demolitions have been proceeding through our contracts with the Dakota County CDA in order to make as much of the property development ready as possible when the master developer's plans are approved and they are ready to move forward. The City has allocated a portion of its Community Development Block Grant funding for the this activity and the remainder will be paid for from tax increment proceeds or the resale of the properties to the developer. The City mows and maintains all of the properties that it has purchased. • Business Relocations The City has worked with a large number of businesses to relocate them. Mr. Larson's letter criticizes the Cedar Grove newsletter's description of the status of businesses where the business owner's decision was to consolidate at their other locations rather than open a new one and he notes references to two businesses that closed or moved out of their locations before the City had acquired their properties and relocation assistance was available. He is correct that those should be removed from the relocation list. Mr. Larson's letter suggests that it would be difficult to find an owner of a relocated business who is happy with their situation. Despite the challenges and disruptions of relocation, many of the businesses we hear from say they are pleased with their new locations and with the fact that they no longer deal with the uncertainty of the redevelopment's effect on l~ T. them. Mr. Larson is correct that people should talk to the owners of a number of the relocated businesses and form their own opinions. • Status of Larson Auto - While we have worked with Mr. Larson for a number of years on the possibility of a voluntary sale of his property to the City, we have not been successful in doing so. We have told him that all acquisitions need to be based on a supportable appraisal. Mr. Larson describes the circumstances under which he offered to sell his property to the City in 2005. His letter does not mention the fact that his appraisal at that time was for less than he was asking the City to pay, as described above. He describes his suggestion that the City buy the Kennedy Transmission building and exchange it for his property. To date, he has not prepared or submitted an appraisal for his property in order to establish value or determine a value differential for an exchange. His letter also refers to his request that the City make him an offer on his property. Earlier this year, the City Council authorized the preparation of appraisals for the properties in the redevelopment district for which they were not available. As noted in Mr. Larson's letter, when the City's appraiser requested access to Mr. Larson's property to complete the appraisal on which an offer could be based, Mr. Larson refused access to the property. • Use of Eminent Domain Mr. Larson describes changes in the eminent domain law enacted in 2006. The law has a specific provision in it to permit cities that have created TIF districts for redevelopment purposes to acquire properties under the pre 2006 law for up to five years from the certification of the law. The provision was included to permit the completion of property acquisitions in districts like Cedar Grove, where the creation of the district was based on the expectation that all acquisitions the city intended to make could be completed. In his description of the pre 2006 law, Mr. Larson omits the fact that the seller is entitled to prepare an appraisal to establish their estimate of the value of their property, which is compared with the public agency's appraisal. He has had and continues to have an alternative to simply taking the City's appraisal based offer or opposing the redevelopment, which would be to prepare a new appraisal on which negotiations with the City may be based. • Purpose of Acquisitions - Mr. Larson's letter also presents his perception of the purposes of the acquisition process from his perspective as being to buy the property from one private party to give it to another private party. The purpose of the acquisition of the properties in the Cedar Grove District is to bring about the redevelopment of the area. The resale of property to a developer (a private party) is the vehicle by which redevelopment can be accomplished. The purpose of public assistance to the project is to offset the costs associated with the acquisition, demolition and preparation of previously developed property that have made it too expensive for the private sector to do without the assistance. That is the basis of the "but for" test The ultimate purpose is to bring the cost of the redevelopment property down to a point at which a developer can make a market level return on the overall project, not to maximize the developer's profits. If you have further questions regarding this matter, please let me know. Community Development Director Cc: Gene VanOverbeke, Director of Administrative Services Tom Garrison, Communications Director lC~~ P I! _ An. exc lc dining experience... F►it~ " Owned Font Since 1.979 COME AND SUPPORT MAOITERRANXAN AGAINST THE A CQUISI"I'I4►N C)F PROPERTIES BY LL MENT DOMAIN IN'THE CEDAR GROVE REDEVELOPMENT DISTRICT To BE GI'V'EN TO A PILLIVAT DEVELOPER JULY 17 AT~ 6030 P AT TRE"EAG~ . v~ Phone 651-673-SM The city will leave the Cedavale Lanes and ,test'&prc acs. the mdevdopmew of the Gore Am anticipates the w4uumbon. =41 ' r all d$sdniat aW will foree the- Ill Ott tlw GIUtB tAK to em' order to g the . had to a private developer to profit from Eagan T&t pis. The M `e; i$W iQ 1979: It.bw al"$ been foo*..run S*ft rh owy lbe fiedm t iW"es* a moray l ou n of "dalicsaW work a very d X100 aid ototic mwyotm to enJoy 'reo~mber Its Meditexeran CnOse Cnfd 416~ City of Eapn July 2, 2Q07 Mike Maguire MAYOR i Dear Cedar Grove Businesses and Property Owners, i As indicated in the Cedar Grove Gateway Newsletter and the local press, the City Paul Bakken Council is taking several steps to ensure that the next phase of the Cedar Grove Peggy Carlson Redevelopment Project moves forward. At its meeting on July 10°t, the City Council's Cyndee Fields agenda includes the selection one of two development teams proposing to serve as the Meg Tilley master developer of the core area within the Cedar Grove TIF District. The Council has COUNCIL MEMBERS the opportunity to choose between two highly qualified development teams. Both have demonstrated the capability to successfully complete projects similar to our community's long-term vision for the Cedar Grove area. Thomas Wedges Crrr AoMINISTRATOR Through the purchases made over the past eight years, the City now owns properties representing nearly 80% of the core area. Several of the buildings in the area have been removed and additional demolition will take place over the next several months. This fall, the Kids Kastle, AVVR, EagleValley Bank and Minsk Market buildings are scheduled for demolition. The Cedarvale Mali, All American Recreation, and Plourde buildings are scheduled to be demolished this winter. MUNICIPAL CENTER Throughout the Cedar Grove redevelopment process, the City Council has remained 3830 Pilot Knob Road committed to a strong communication effort with the TW District's property owners and Eagan, MN 55122-1810 business owners. As part of this effort, we are writing to inform you that on Tuesday, 651675 5000 phone July 17, 2007, as part of the regularly scheduled City Council meeting, the Eagan Economic Development Authority (E.DA) will be considering the use of eminent domain 551 675 5012 tax for the remaining proper-ties that are to be acquired within the core redevelopment area 651 454 8535 TDD (see enclosed map). The potential need to use eminent domain to acquire and assemble property for MAIMENANca FAcn.rrr redevelopment was identified several years ago with the creation of the Cedar Grove TIF District. Therefore, the action before EDA will be to identify the specific properties 3501 Coachman Point where eminent domain will be authorized. More importantly, an authorization to use Eagan, MN 55122 eminent domain will not prohibit city staff and area property owners from working 651.675 5300 phone together to negotiate a settlement price. The City Council's long-standing policy, to use 661.675.5360 fax eminent domain only when a negotiated settlement is not possible, remains unchanged. 651.454.8535 TDD Where settlements are reached, it will not be necessary to proceed with eminent domain on that property. The Council remains hopeful that negotiated settlements can be achieved, in lieu of eminent domain, where differences in appraised valuations can be resolved. www.cityofeepn.com As is the case with any major redevelopment project, we know there may be incorrect information, rumors and conflicting opinions in regard to this ongoing acquisition process. Should you have any questions or feel you have incorrect information offered to you, the City Council stresses that you should not hesitate to call our city staff for clarification. THE LONE OAK TREE The symbol of strength and growth in our community. 16iZ i 1. 411~ City ofEapn If you would like to discuss the acquisition or eminent domain processes, City staff is at Mike Maguire your service and will respond promptly. Please contact our Director of Community MAYOR Development, Jon Hohenstein, at 651-675-5653 or Mo nstein Lei fea an.com. Si ere , Paul Bakken Peggy Carlson Cyndee Fields Tom Hedges Meg Tilley City Administrator COUNCIL MEMBERS Thomas Hedges CITY AMNIsmmoR MUNICIPAL CENTER 3830 Pilot Knob Road Eagan, MN 55122-1810 651 675.5000 phone 651 675 5012 fax 651454-8535 TOD MAINMMNCE FAcILRY 3501 Coachman Point Eagan, MN 55122 651 675 M300 phone 651,675.5360 fax 651.454 8535 TDD www.cltyofeagen.com THE LONE OAK Tnee The symbol of strength and growth in our community. Agenda Information Memo Eagan Economic Development Authority Meeting July 17, 2007 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. gp