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11/20/2007 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL, CENTER BUILDING November 20, 2007 6:30 P.M. n I. ROLL CALL & PLEDGE OF ALLEGIANCE f . II. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA -P a A, APPROVE MINUTES P)4 B. PERSONNEL ITEMS ? Ito C. APPROVE CHECK REGISTERS X17 D. APPROVE City Council Meeting Schedule for Thursday, January 3, 2008 P i Q E. APPROVE Renewals of Existing Liquor Licenses for 2008 P I Q F. APPROVE Fire Apparatus Funding Plan G. APPROVE Senior Citizen Deferment (10-00800-030-04) H. APPROVE Resolution Accepting $2,200 Grant from Factory Mutual Insurance Company - Fire Department P I. APPROVE Contract for Space Needs Assessment to be Completed for a Potential Future Fire Station Replacement Q, 9 J. APPROVE Release of Park Dedication Agreement - Galaxie Cliff Plaza Third Addition K. Item Removed 6L, RECEIVE Draft Feasibility Report for Project 953 Cedar Grove No. 1 & 2 Street Improvements & Schedule Public Hearing for December 18, 2007 P 31 M. RECEIVE Draft Feasibility Report for Project 954 Glory Drive/ Cedar Ridge Circle Street Improvements & Schedule Public Hearing for December 18, 2007 .? ? N. RECEIVE Draft Feasibility Report for Project 955 Safari Estates Street Improvements & Schedule Public Hearing for December 18, 2007 1033 O. RECEIVE Draft Feasibility Report for Project 956 Briar Hill Street Improvements & Schedule Public Hearing for December 18, 2007 P. RECEIVE Draft Feasibility Report for Project 957 Blackhawk Oaks (Riverton Avenue) Street Improvements & 1 Schedule Public Hearing for December 18, 2007 Q. RECEIVE Draft Feasibility Report for Project 958 Towerview Road Street Improvements & Schedule Public Hearing for December 18, 2007 '0 3(? R. RECEIVE Draft Feasibility Report for Project 959 Eden Addition Street Improvements & Schedule Public Hearing for December 18, 2007 37S. APPROVE Change Order No. I for Contract 07-04, Boulder Lakes Street & Utility Improvements 32 T. APPROVE Change Order No. 5 and Work Orders No. 39-40 for Contract 06-01, TH 149 Reconstruction 039 U. APPROVE Release of Miscellaneous Agreements - Grand Oaks Business Park V. ACKNOWLEDGE Completion and Approve Release from Development Contract - Wings Addition V. PUBLIC HEARINGS VI. OLD BUSINESS f,C j5A. PRELIMINARY SUBDIVISION - DG Welding First Addition - A Preliminary Subdivision of approximately 8.4 acres to create 2 lots located at 3265 Sun Drive and 3245 Terminal Drive on Lot 1, Block 1, Tan Me Industrial Park and Lot 1, Block 1, Bachman's Eagan Addition in the SE'/4 of Section 08. VII. NEW BUSINESS Subdivision of .72 acres to create 2 (two) single family lots located at 1850 Beecher Drive on Lot 6, Block 2, Clearview in the SE'/4 of Section 29. ?f Q B. PRELIMINARY SUBDIVISION AND PLANNED DEVELOPMENT AMENDMENT - Waters Annex Second I ' Addition - CSM Equities - A Preliminary Subdivision of 42.52 acres to create 3 lots with one outlot and a Planned Development Amendment to amend the site plan located at 2840 Lone Oak Parkway on Lot 1, Block 2, Outlots A, B & C, Waters Annex in the SW '/4 of Section 07. P1710 A. PRELIMINARY SUBDIVISION - Clearview 4`h Addition - Richard, Angela and Martin De Witt - a Preliminary VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business E. New Business 2 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Preparation of Update of Alternative Urban Areawide Assessment for Redevelopment Area. piol -2. Release of Repurchase Agreement between the EDA and Grand Oak CR, LLC. F. Other Business G. Adjourn X. ADMINISTRATIVE AGENDA / COUNCIL COMMENTS XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Eakan demo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 16, 2007 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 20, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 20, 2007 City Council agenda, the following items are in order for consideration. Agenda Information Memo November 20, 2007 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the November 5, 2007 regular City Council meeting, the October 30, 2007 Special City Council meeting and November 8, 2007 Special City Council meeting as presented or modified. ATTACHMENTS: Minutes of the November 5, 2007 regular City Council meeting are enclosed on pages through Minutes of the October 30, 2007 Special City Council meeting are enclosed on pages __ through I. Minutes of the November 8, 2007 Special City Council meeting are enclosed on pages through L,5_. a MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL, DRAFT Eagan, Minnesota November 5, 2007 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, Tilley and Bakken. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, November 5, 2007 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields, 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 Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that two items would be added under the Consent Agenda. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATIONS Minneapolis Mayor R.T. Rybak addressed the City Council regarding the recent success in the adoption of the settlement in the litigation versus the Metropolitan Airports Commission. CONSENT AGENDA Item V was added regarding an Off-Sale Liquor License for Chen's Liquor Inc., and two personnel items were added. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the consent agenda as amended. Aye: 5 Nay: 0 A. Minutes. It was recommended to approve the minutes of the October 16, 2007 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to accept the resignation of Payroll Clerk Carolyn Krech 1 It was recommended to authorize issuance of an RFP for Life, Accidental Death and Dismemberment, and Long Term Disability Insurance C. Check Registers. It was recommended to ratify the check registers dated October 18 and October 25 and November 1, 2007 as presented. D. Ordinance Amendment. It was recommended to direct staff to initiate an amendment to Chapter 6.34, Subdivision 13 to require background investigations for tobacco license applications. E. Ordinance Amendment. It was recommended to direct staff to initiate an amendment to Chapter 6.35, Subdivision 3 to require background investigations for pull-tab operation applications. F. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License for Fanny Livaditis, 4120 Lexington Way. G. Amendment to Minutes. It was recommended to approve an amendment to page six of the October 2, 2007 City Council minutes adding "Fire Apparatus Funding" to the list of items directed to the Finance Committee for review. H. Community Investment Fund. It was recommended to approve the Community Investment Fund (CIF) as the funding source for the ladder truck replacement and the balance of the DCC capital obligation. 1. Sound System in Arena. It was recommended to authorize the preparation of specifications and advertisement for bids for a sound system in the Eagan Arena West Rink. J. Tread Mills. It was recommended to authorize the preparation of specifications and advertisement for bids for replacement tread mills for the Eagan Community Center. 3 Eagan City Council Meeting Minutes November 5, 2007 Page 2 DRAFT K, Extension of Final Subdivision. It was recommended to approve a 60-day extension of the Final Subdivision approval for Marian Addition, to create two single-family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE'/4 of Section 27. L, Extension of Final Subdivision. It was recommended to approve a 90-day extension of the Final Subdivision (Whispering Woods 14`x' Addition) to create eleven single-family lots upon 4.8 acres of land located in the SW'/4 of Section 31. M. Wetland Delineation. It was recommended to receive and affirm the Wetland Delineation Report for the Marsh Cove development located in the southwest corner of Section 36. N. Final Plat. It was recommended to approve a Final Plat (Dart Transit Company Addition) to create one lot on approximately 8.5 acres located at 800 Lone Oak Road in the NE'/4 of Section 11, 0. Contract 07-06. It was recommended to approve Change Order No. I for Contract 07-06 (Lebanon Hills Regional Park/Lone Acres - Storm Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. Contract 06-01. It was recommended to approve Supplemental Agreement Numbers 7-10 and Work Order Numbers 32-36 for Contract 06-01, Trunk Highway 149 Reconstruction. Q. Ordinance Amendment. It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to unifying and clarifying spacing requirements between certain land uses. R. Ordinance Amendment It was recommended to direct staff to initiate an Ordinance Amendment to Chapter 6, specifically as it relates to outdoor fireworks sales. S. Final Subdivision. It was recommended to approve a Final Subdivision (Marsh Cove) to create 1 I single family lots upon 5.05 acres located west of Dodd Road and north of Red Pine Lane in the SW '/4 of Section 36. T. Final Subdivision. It was recommended to approve a Final Subdivision (Dodd Parkside) to create 12 single- family lots upon 5.08 acres located east of Dodd Road and south of Red Pine Lane in the SW '/4 of Section 36. U. Purchase of Land. It was recommended to authorize the City Attorney to enter into negotiations to secure an option for potential purchase of land for a future fire station. V. Off-Sale Liquor License. It was recommended to approve an Off-Sale Liquor License for Chen's Liquor Inc. dba K-Liquor, 1274 Lone Oak Road. PUBLIC HEARINGS CERTIFICATION OF DELINQUENT FALSE ALARM BILLS City Administrator Hedges discussed this item regarding the certification of delinquent false alarm bills noting that the City currently has two delinquent false alarm bills with an assessable amount of $1,260. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT WEED CUTTING BILLS City Administrator Hedges discussed this item regarding the certification of delinquent weed cutting bills noting that the City currently has nine delinquent weed cutting bills with an assessable amount of $1,574.32. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 5, 2007 Page 3 CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges discussed this item regarding the final assessment roll for delinquent utility bills rioting that the City currently has approximately 616 utility bill accounts with delinquent payments in the assessable amount of $105,202.96. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 PROJECT 942, DEERWOOD DRIVE (BLACKAWK TO PILOT KNOB) STREET OVERLAY IMPROVEMENTS, FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for the Deerwood Drive street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 942 (Deerwood Drive - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 946, THOMAS CENTER DRIVE STREET OVERLAY IMPROVEMENTS, FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for the Thomas Center Drive street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 946 (Thomas Center Drive - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 947, FAWN RIDGE 1sT /2 ND STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for the Fawn Ridge 15` and 2d Additions street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing an turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 947 (Fawn Ridge I S` and 2"d Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 948, WESTBURY ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for the Westbury Additions street overlay improvements. Public Works Director Colbert gave a staff report. 5- Eagan City Council Meeting Minutes November 5, 2007 Page 4 DPAFT Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 948 (Westbury Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 949, LEXINGTON SQUARE ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessments for the Lexington Square Additions street overlay improvements. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 949 (Lexington Square Additions street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 OLD BUSINESS PRELIMINARY SUBDIVISION (DG WELDING FIRST ADDITION) City Administrator Hedges discussed this item regarding a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive which was continued from the October 16 Council meeting. He noted that the item had been continued to allow staff and the applicant time to discuss a public access easement. Due to the applicant being out of town, a meeting was not held. It was suggested that this item be continued to the November 20 Council meeting. Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive to the November 20`x' Council meeting. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - SDC EAGAN TOWN CENTRE, INC. City Administrator Hedges introduced this item regarding a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement for property located at 1276 - 1312 Town Centre Drive, City Planner Ridley gave a staff report. Kathy Anderson, representing the applicant, was present to answer questions of the Council. Council held a brief discussion, agreeing the proposed signage would be an improvement to the site. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement for property located at 1276 - 1312 Town Centre Drive, legally described as Lot 1 and 2, Block 1, Town Centre 70 2°d Addition, in the NW '/4 of Section 15, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the Sign Plan received October 3, 2007. 3. The Applicant shall replace any landscaping which is removed to install signs. 4. All signage shall meet sign setback requirements. 1o Eagan City Council Meeting Minutes November 5, 2007 Page 5 5. The Applicant shall enter into a Pylon Sign Agreement for Lots 1 and 2, Town Centre 70 2"d Addition. 6. This Conditional Use Permit is intended and shall supersede and re place the Pylon Sign Agreement for Lots 1 and 2, Town Centre 70 2"d Addition. PRELIMINARY AND FINAL SUBDIVISION (CEDAR GROVE GATEWAY) CITY OF EAGAN City Administrator Hedges introduced this item regarding a preliminary and final subdivision to create two lots upon approximately 5.5 acres located on Highway 13. City Planner Ridley gave a staff report. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary and Final Subdivision (Cedar Grove Gateway 151 Addition) to create two lots upon approximately 5,5 acres located on either side of State Highway 13 in the NE'/4 of Section 19, subject to the following conditions: 1. The subdivision shall comply with the standard conditions of plat approval as adopted by Council on February 2, 1993, 2. The property shall be platted. 3. Park and Trail dedication shall be paid at the time of Building Permit, at the rate in effect at that time. 4. The developer shall dedicate the following upon the final plat: 1) 50' wide public right-of-way from the existing centerline of Silver Bell Road on Lot 1, Block 1, Cedar Grove Gateway I5` Addition 2) 10' wide drainage and utility easements along all of the side property lines for Lot 1, Block 1, Cedar Grove Gateway 15` Addition; 3) 50' wide drainage and utility easement along the TH 13 right-of-way for Lot 1, Block 1, Cedar Grove Gateway 15` Addition; 4) 10' wide drainage and utility easement adjacent to the dedicated Silver Bell Road right-of-way for Lot 1, Block 1, Cedar Grove Gateway 15` Addition. 5. The developer shall implement the performance measures in Policies 3.1 and 3.3 specified in the City's current Water Quality and Wetlands Management Plan (2007). 6. In accordance with policies of the City's current Water Quality and Wetlands Management Plan (2007), the developer shall provide measures so as to mitigate storm water runoff to meet management objectives for each of the identified sub-watersheds. The management objectives include maintaining or reducing, to the extent feasible, existing surface water runoff volume and phosphorus loading, with an emphasis on infiltration and low impact design principles to protect the Harnack Creek and Kennealy Creek sub- watersheds, and wet detention basins where appropriate in other subwatersheds. 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. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no updates to be reported. The regular City Council meeting was recessed at 7:12 p.m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 7:20 p.m. There were no items. ADMINISTRATIVE AGENDA VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn the meeting at 7:25 p.m. Date Administrative Secretary / Deputy City Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, OCTOBER 30, 2007 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Carlson, Fields and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Communications Garrison, Director of Community Development Hohenstein, Emergency Manager Klein, Police Chief McDonald and City Planner Ridley. 1. ROLL CALL AND ADOPTION OF THE AGENDA Mayor Maguire called the meeting to order and noted he would like to make a few comments regarding the Halloween Hodgepodge. Councilmember Tilley moved; Councilmember Bakken seconded a motion to adopt the agenda with the Mayor's addition. Aye: 4; Nay: 0 (Councilmember Carlson not yet present) Mayor Maguire provided an update on the Halloween Hodgepodge held on October 28, 2007. The Mayor noted there were 900 attendees as well as 135 volunteers who assisted with the event. Mayor Maguire recognized City staff and volunteers for their efforts on this great event. Councilmember Carlson arrived at 5:37 p.m. II. REVIEW CEDAR GROVE MASTER PLAN PROPOSAL Mayor Maguire welcomed Kelly Doran and Len Pratt, master developers for the Cedar Grove area. City Administrator Hedges introduced the item noting that staff has been asked by Council to provide direction to the developer and staff regarding the proposed Cedar Grove Master Plan and the next steps for the implementation of Phase I for the core area redevelopment. Community Development Director Hohenstein introduced the members of the development team present. Hohenstein also noted that the development team and staff have been working on a master plan that focuses on consistency with the goals and vision for the area as outlined by the City Council. Under the direction of Kelly Doran and Len Pratt, the development team provided a presentation to the City Council of the proposed concept plan for the Cedar Grove Redevelopment Area. It was noted that Duke Realty has been selected to be a partner in the office development for the area. The City Council discussed the proposed master plan. The Council voiced their consensus that the plan is consistent with the City's expectations, goals and vision. The Council and ig Special City Council Minutes October 30, 2007 Page 2 development team discussed issues and obstacles needing to be addressed as the developers prepare the next level of detail in the master plan. The City Council recessed at 6:53 p.m. The City Council resumed their meeting at 7:08 p.m. 111. 2008 BUDGET CONSIDERATION: EAGAN CONVENTION AND VISITORS BUREAU BUDGET City Administrator Hedges introduced the item noting that the ECVB 2008 budget process began in June of 2007. Hedges also added that per the operating agreement between the ECVB and the City of Eagan, the ECVB is required to submit its work plan and line operating budget to the City Council for review and approval. Communications Director Garrison introduced the ECVB Director, Brent Cory. Mr. Cory provided a brief overview of the ECVB activities underway as well as the proposed 2008 budget and marketing plans. The City Council discussed the ECVB proposed budget as well as the proposed marketing plans for 2008. There was discussion regarding the role the ECVB will have with regard to the Republican National Convention in 2008. Councilmember Fields moved; Councilmember Tilley seconded a motion to direct the 2008 ECVB budget to an upcoming Consent Agenda on a regular City Council meeting. Aye: 5; Nay: 0 Mayor Maguire and Councilmember Fields excused themselves from the meeting at 7:25 p.m. IV. REVIEW CITY OF EAGAN PANDEMIC PLAN City Administrator Hedges introduced the item noting that for the past year City staff has been involved in the development of a pandemic plan, which consisted of representatives from all City departments. Police Chief McDonald and Emergency Manager Klein presented an overview of the pandemic plan. The City Council discussed the plan. Councilmember Carlson moved; Councilmember Bakken seconded a motion to approve the City of Eagan pandemic plan. Aye: 3; Nay: 0 (Mayor Maguire and Councilmember Fields not present for the vote) Mayor Maguire and Councilmember Fields returned to the meeting at 7:35 p.m. 9 Special City Council Minutes October 30, 2007 Page 3 V. FINANCE COMMITTEE RECOMMENDATION RE: FUNDING FOR FIRE APPARATUS AND UPDATE ON FIRE STATION STUDY A. Fire Apparatus Funding City Administrator Hedges introduced the item noting that per the direction of the City Council, the Finance Committee at its October 16 meeting further reviewed fire apparatus needs and recommended that staff prepare funding alternatives and prepare a long term plan for creating a renewal and replacement fiend for fire apparatus. Director of Administrative Services VanOverbeke provided the Council with an explanation of the proposed funding sources for future fire apparatus. The City Council voiced their consensus to go ahead with an allocation from the Community Investment Fund as a funding source for the ladder truck replacement in 2008. The Council also voiced their consensus with regard to the Finance Committee's recommendation to utilize the combination of equipment certificates as well as a tax levy to address long term apparatus needs. The Council directed that the Finance Committee's recommendation be brought back to the City Council for formal ratification at a regular City Council meeting. B. Update on Fire Station Study City Administrator Hedges introduced the item noting at the September 25 City Council retreat, direction was given to further research the possible resale value of current Fire Station #2 and value of the available piece of land located at Northwood Parkway and Lexington Avenue. The City Council discussed the fire station needs of the City with Fire Chief Scott. The Council discussed the negotiation process should the City wish to acquire land for a fire station. The City Council provided direction to have the City Attorney proceed with negotiating with the landowner at Northwood Parkway and Lexington Avenue to secure an option on the property. VI. OTHER BUSINESS City Administrator Hedges noted that a town hall meeting was being held in the City Council Chambers by Representative Wardlow. He noted that legislation regarding funding for the proposed ring-road improvements was being introduced tonight at the town hall meeting. City Administrator Hedges inquired of the Council if and when the Council would like to meet with Eagan's legislators to address issues that will be facing legislators in the next session which begins in February of 2008. The City Council directed City Administrator Hedges to provide a summary of the proposed legislative policies of the LMC, Metro Cities and MLC in November, and schedule a meeting of the City Council with Eagan's legislative delegation in January of 2008. lZ) Special City Council Minutes October 30, 2007 Page 4 VII. VISITORS TO BE HEARD Jerry Larson, business owner in the Cedar Grove Area, voiced his concerns about a recent offer made by the City to his business in the Cedar Grove Area. The City Council informed Mr. Larson that he should direct his communication to the representatives who made the offer to him. VIII. ADJOURNMENT Councilmember Fields moved; Councilmember Tilley seconded a motion to adjourn the meeting at 8:23 p.m. Aye: 5, Nay: 0 MINUTES SPECIAL CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 2007 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Carlson, and Fields. Councilmember Tilley not present. City staff present: City Administrator Hedges, Director of Administrative Services VanOverbeke, and Director of Communications Garrison. City Attorney Dougherty was also present. 1. ROLL CALL AND ADOPTION OF THE AGENDA Mayor Maguire called the meeting to order. Bakken moved, Fields seconded a motion to adopt the agenda. Aye: 4; Nay: 0 II. CANVASS OF BALLOTS --- NOVEMBER 6, 2007 MUNICIPAL ELECTION City Administrator Hedges introduced the item. Hedges and Director of Administrative Services VanOverbeke provided the Council with a summary of the special election results, including a vote of 8.7% in favor of the proposed Charter, and 91.3% in opposition to the Charter (see last page of minutes for a summary of the Charter election results). Carlson moved, Fields seconded a motion to canvas the ballots of the November 6, 2007 municipal election. Aye: 4; Nay: 0 III. OTHER BUSINESS The City Council discussed the results of the Charter question on the ballot. Carlson moved, Bakken seconded a motion to send a letter under Mayor Maguire's signature to the Charter Commission on behalf of the City Council asking that the Commission disband in accordance with the Commission's original bylaws and in the spirit of what the voters have communicated in the past two elections when a Charter has been proposed. Aye 4; Nay: 0 The City Attorney, per the inquiry of the City Council, addressed the issue of access to Charter Commission records. The City Attorney stated that per the opinion of the State Department of Administration, the Charter Commission is responsible for maintaining their records and making those records available for inspection. The City Council discussed the need for Legislative reform to ensure that Charter Commissions cannot continually proposed amendments to charters that then require cities to hold la Special City Council Minutes October 30, 2007 Page 2 and pay for special elections. It was noted that changes are needed to the State statute whether the Eagan Charter Commission disbands or not. Maguire moved, Bakken seconded a motion to have Mayor Maguire and Councilmember Bakken work together with legislators between now and January to propose legislation to reform the current statutory provisions with regard to Charter Commissions, and once proposed legislation and/or an official positions statement is prepared on behalf of the City, the matter is to be brought before the City Council for formal consideration. Aye: 4; Nay: 0 The City Council discussed the City's policy for reimbursing Charter Commission expenses. The Council reiterated that the City should only pay for Charter Commission expenditures mandated by State Statute. The City Council asked Director of Administrative Services VanOverbeke to communicate this policy and the action taken by the Council at the November 8, 2007 workshop to Charter Commission member Betty Fedde. IV. VISITORS TO BE HEARD There were no visitors to be heard. V. ADJOURNMENT Fields moved; Bakken seconded a motion to adjourn the meeting at 6:18 p.m. Aye: 4, Nay: 0 Agenda Information Memo November 20, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Police Officer-- ACTION TO BE CONSIDERED: To approve the hiring of Karin Engen as a Police Officer. Item 2. Transfer from Code Enforcement Tech to Police Officer-- ACTION TO BE CONSIDERED: To approve the transfer of Nicky Cook from Code Enforcement Tech to Police Officer. Item 3. Transfer to Permanent Part-time Recreation Program Supervisor-- ACTION TO BE CONSIDERED: To approve the transfer of Kerry Phillips from a part-time Manager-on-Duty (no benefits) to a permanent part-time Recreation Program Supervisor at the Community Center. Item 4. Information Technology (IT) Department Reorganization ACTION TO BE CONSIDERED: To approve an IT Department reorganization plan including the following elements: • Authorization of an IT Supervisor position. • Reclassification of the IT Coordinator position to IT Manager. FACTS: • The City has systematically and progressively been implementing the Virchow Krause Organizational study. IT has been one of the last areas for implementation as various other organization elements have come into place. • To better define, clarify, and understand the role of IT as a support service an additional study was undertaken by LOGIS. Stakeholders were interviewed and comparisons were made to other cities and operations.I 4 Agenda Information Memo November 20, 2007 Eagan City Council Meeting • The results of both studies have demonstrated a need for additional human resources to be applied to the IT function. They have also pointed out benefits to be derived from additional coordination between IT and the City's Geographic Information System (GIS) activities. The City's overall goal is to maintain the high level of both internal and external customer service and to meet the demands of changing technology and changing business needs and processes, thereby, continuing to maximize the return on investment for the citizens. • The Senior Management Team has spent a considerable amount of time studying various options for implementation of the organizational recommendations and is in agreement with the proposed reorganization. • The IT Supervisor position will manage daily technical operations of the IT Department and the IT Manager will focus on the strategic infrastructure and operations and work closely with Senior Management to determine and implement technology related initiatives. The IT Manager will coordinate and enhance a citywide approach to IT project management, including citywide GIS related programs. • The 2007 and 2008 General Fund IT budgets include an adequate appropriation, primarily in professional services, that will be reallocated to cover these personnel changes. Agenda Information Memo November 20, 2007 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 8, 2007 and November 15, 2007 as presented. ATTACHMENTS: • Check registers dated November 8, 2007 and November 15, 2007 are enclosed without page number. 1(12 Agenda Memo November 20, 2007 CONSENT AGENDA D. Schedule January 3, 2008 City Council Meeting ACTION TO BE CONSIDERED: Approve the scheduling of the first meeting in 2008 as January 3. FACTS: • Due to the first Tuesday in January falling on January 1, it is recommended that the first meeting of 2008 be held on Thursday, January 3. • There are several regular meeting and special meeting dates that have various conflicts throughout 2008 and dates will need to be altered from the standard first and third Tuesdays for regular meetings and the third Tuesdays for special meetings. • A tentative 2008 schedule for both regular and special meetings is included for your review. • Please let the City Administrator know of any conflicts that you find in the proposed schedules. • The 2008 meeting schedules will be formally ratified at the January 20 meeting under Organizational Business. ATTACHMENTS: • A tentative schedule of meeting dates is attached as pages 11? and 1 * 1-7 2008 SCHEDULE OF REGULAR CITY COUNCIL MEETINGS JANUARY 3* Thursday MAY 6 SEPTEMBER 2 JANUARY 15 MAY 20 SEPTEMBER 16 FEBRUARY 4** Monday JUNE 3 OCTOBER 7 FEBRUARY 19 JUNE 17 OCTOBER 23**** Thursday MARCH 3*** Monday JULY 1 NOVEMBER 6***** Thursday MARCH 18 JULY 15 NOVEMBER 18 APRIL 1 AUGUST _5 DECEMBER 1****** Monday APRIL 15 AUGUST 19 DECEMBER 16 * January 3 due to New Year's Day ** February 4 due to caucuses *** March 3 due to caucuses **** October 23 due to Shemini Atzeret & Simchat Torah **** November 6 due to Election Day ****** December 1 - Truth in Taxation There will be a Listening Session at 6:00 p.m. before each regular Council meeting. Le 2008 SCHEDULE OF SPECIAL CITY COUNCIL MEETINGS AND WORKSHOPS JANUARY 8 MAY 13 JANUARY 22 (tentative) MAY 27 (tentative) FEBRUARY 12 JUNE 12* Thursday FEBRUARY 26 (tentative) JUNE 24 (tentative) MARCH 11 MARCH 25 (tentative) APRIL 8 APRIL, 22 (tentative) JULY 8 JULY 22 (tentative) AUGUST 12 AUGUST 26 (tentative) * June 12 due to Shavuot * * October 16 due to Sukkot * * * November 10 Veteran's Day Holiday * * * * December 8 due to Truth in Taxation SEPTEMBER 9 SEPTEMBER 23 (tentative) OCTOBER 16** Thursday OCTOBER 28 (tentative) NOVEMBER 10*** Monday NOVEMBER 25 (tentative) DECEMBER 8**** Monday J? Agenda Information Memo November 20, 2007, Eagan City Council Meeting E. APPROVE RENEWALS OF EXISTING LIQUOR LICENSES FOR 2008 ACTION TO BE CONSIDERED: To approve the renewals of existing liquor licenses for 2008. FACTS: ? Information on renewals will be provided to the Council with Monday's Additional Information packet. ATTACHMENTS (0): se Agenda Information Memo November 20, 2007 Eagan City Council Meeting F. FIRE APPARATUS FUNDING PLAN ACTION TO BE CONSIDERED: To approve a fire apparatus funding plan. FACTS: • Per the direction of the City Council and Finance Committee, staff prepared funding alternatives and a long-term plan for creating a renewal and replacement fund for fire apparatus. The various options were presented to the City Council for consideration at the Special Meeting held on October 30, 2007. At the Special Meeting, the City Council voiced their consensus with regard to the Finance Committee's recommendation to utilize the combination of equipment certificates as well as a tax levy to address long-term apparatus needs. The Council directed that the Finance Committee's recommendation be brought back to the City Council for formal ratification at a regular City Council meeting. The following general parameters are incorporated into the plan: o The Community Investment Fund is the designated funding source for the three fire apparatus being replaced in 2008 at an estimated cost of $675,000. o Ten-year equipment certificates will be used to finance replacement equipment until a full renewal and replacement fund can be created. It is estimated that, after the purchase of the first three apparatus noted above, equipment certificates will be used to replace each piece of apparatus one time before the renewal and replacement fund is fully operational and self-sustaining. o Most fire apparatus is estimated to be replaced at 22 years; however, other factors such as safety and functionality will be analyzed prior to replacement. o All calculations are in 2007 dollars meaning there was no inflation applied to the average market value house, the total tax base, or to the cost of the equipment. o Estimated debt service costs are based on today's rates and result in an annual cost of $12,872 per each $100,000 of borrowed 1I principal. The term is ten years, which is the maximum allowable for equipment certificates. o A tax levy estimated at approximately $400,000 annually is proposed to provide for the debt service on the equipment certificates as well as to provide additional cash toward creating the renewal and replacement fund. Eventually, after all equipment certificates are retired, the full levy will be directed to the renewal and replacement fund. o The full tax levy of $400,000 is projected to be certified for payable 2009. o All fire vehicles and equipment are to be removed from the Equipment Revolving Fund and financed through this new renewal and replacement fund. Replacement and new purchases are to be subject to the same criteria, but will be financed from this new funding source. Equipment certificates will not be used to purchase vehicles and equipment costing less than $100,000. o The long-term plan is subject to periodic review to revise and adjust the assumptions as necessary. o Replacement of all apparatus will be subject to specific criteria and replacements and upgrades will be justified before any dollars are actually allocated for expenditure. o The plan reflects operating a volunteer paid on-call department with the same number of stations as exist today. ATTACHMENTS: (None) Agenda Information Memo November 20, 2007 Eagan City Council Meeting G. APPROVE SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENT APPLICATION - PARCEL 10-00800-030-04 (PROJECT 928 MEADOWVIEW ROAD / ALEXANDER ROAD - STREET IMPROVEMENTS) ACTION TO BE CONSIDERED: To approve an application for a senior citizen deferment of special assessments. FACTS: • Section 2.75 of the Eagan City Code allows for the deferment of special assessments for senior citizens, if certain conditions are met. • The City has received a request for a deferment from a property owner at 3083 Sibley Memorial Highway. • The assessment was levied for street improvements related to project 928. • The completed application was not received within 90 days of the certification; however, no installments are due with the property taxes until 2008, so the delay has not affected the processing of the application. Interest on the original assessment of $23,342.75 will accrue at 8.0% per annum from the date of adoption, which was February 20, 2007. • Staff has reviewed the application and determined that the eligibility requirements are met. ATTACHMENTS: • Enclosed without page number is a copy of the application for deferment. ae Agenda Memo November 20 2007 Regular City Council Meeting CONSENT AGENDA: H. Approve a resolution accepting a $2,200 Grant from Factory Mutual Insurance Company. - Fire Department. ACTION TO BE CONSIDERED: Approve a resolution accepting a grant from Factory Mutual Insurance Company in the amount of $2,200. FACTS: • The Eagan Fire Department had applied for a non-matching grant in the amount of $2,200 from Factory Mutual Insurance Company. • On November 2na, 2007 the Fire Department was notified that we had been selected to receive the grant. • The grant is for purchasing one tablet laptop computer to allow the Fire Inspector to do his fire inspections electronically while performing the inspection and be able to print a report of the inspection on site for the business representative. • A thank you letter will be sent to Factory Mutual Insurance Company from the fire department. ATTACHMENTS: ¦ Copy of the letter from Factory Mutual Insurance Company. Pp-6. A3 (%q_. FnryGlo6'aI` 27-,"" Factory Mutual insurance Company 1301 Atwood Avenue PO Box 750() Johnston, RI 02919 USA T: 401 275 3000 F: 401 275 3029 www Ihnelobai com November 2, 2007 Chief Mike Scott Eagan Fire Department 3795 Pilot Knob Rd Eagan, MN 55122 Subject: FM Global Fire Prevention Grant Application Dear Chief Scott: The Fire Prevention Grant Committee has considered your request and voted to fund $2200 towards the purchase of a laptop computer.. Funding is made on behalf of the FM Global Foundation. The check will be forwarded to Steve Cannon, Fire Prevention Coordinator in our St. Louis office. You will be contacted shortly regarding the arrangements for the presentation, In addition a publicity support form will be sent via email to assist you with creating a press release for the grant presentation Thank you for your commitment to fire prevention. Best regards, Michael Spaziani Manager - Fire Prevention Grants/Fire Service Liaison michael.spaziani a(?fmc lobal.com cc: Steve Cannon - FM Global St. Louis Operations J. Pachorriski, FM Global Corporate Communications Joan Ciancarelli File - # 07-148 ?3 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on November 20"', 2007 at 6:30 p.m. The following members were present: Carlson, Bakken, Fields, Maguire, and Tilley. * * Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Fire Department has been awarded a grant from Factory Mutual Insurance Company who has offered to donate $2,200 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Gopher Resources for the gracious and generous donation. ADOPTED this 20" day of November, 2007. Mike Maguire, Mayor ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. ay- Agenda Memo November 5 2007 Regular City Council Meeting CONSENT AGENDA: I. Authorize a space needs assessment for a potential replacement fire station. ACTION TO BE CONSIDERED: Authorize the Fire Department to enter into an agreement with CNH Architects to conduct a space needs assessment for a potential replacement fire station. FACTS: • At the October 30, 2007 City Council Workshop information was presented on a potential site for a future replacement fire station. • The Council has given direction to conduct a preliminary site and space needs analysis to determine the potential size of a replacement fire station, amount of land needed and approximate building cost. • CNH Architects have provided a proposal to conduct this assessment for the amount of $5,800 plus reimbursable expenses. • CNH will provide the Council with information to determine the space needs, and potential costs for several different options including a fire station, the option to add resident dorms, administration functions, police evidence/storage needs, and a back up site for DCC dispatch services. • The Fire Department is requesting consideration to authorize this space needs assessment to help provide the Council with more information. ATTACHMENTS: • A copy of proposed agreement for signature is on pages ?(7 through 015- 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7550 (952) 431-4433 November 14, 2007 Chief Mike Scott Fire Administration Building 3795 Pilot Knob Road Eagan, MN 55121 PROPOSAL FOR ARCHITECTURAL SERVICES PROJECT: Fire Station #2 Space Needs, Site Analysis, & Preliminary Budget Report Comm. No.: 06065 CLIENT: Eagan Fire Department - City of Eagan DESCRIPTION: The proposed services include assisting with the development of a site and space needs analysis for a new district fire station. The review will include analysis of several optional space needs approaches, the preliminary cost associated with each approach, and the minimum site, requirements to meet the needs identified with each space needs approach. general: We propose to perform the following services: Part I -Space Needs Analysis: Our services for this part of the work consist of working with the Fire Department and other city staff to determine the size and quantity of the space needs for each of the program categories listed below. Services Provided: Our services will include the following: • Develop a Space Needs Program indicating the likely building size needs for the following categories: A. District Fire Station including Ambulance Service B. Option to add Resident Dormitories C. Option to add Administration Functions D. Option to add Police Storage Needs E. Option to add DCC Backup Space • Analyzing the space efficiencies available indifferent combinations of the uses listed above. • Up to five meetings with the Fire Department, Police Department, DDC personnel and other staff to gather space needs input. P:U'RO.IECTS12006\06065\TEXTCONTRACTS - AE & OWNERNRCHPROP - PREUESI ON.DOC Part II - Potential Site Analysis: Our services for this part include providing a report listing the minimum site requirements to be used when evaluating potential sites. These requirements will show how each of the 5 space needs categories might impact the site criteria. Services Provided: Our services will include the following: • Preliminary review of city site planning requirements and zoning issues. • Develop site criteria including listing review items such as zoning, wetlands, traffic, tree preservation issues, water quality ponding requirements, and other items that impact the site selection process. • Develop minimum site size requirements for each of the space needs categories. Part III - Preliminary Budget Analysis: Our services for this part include providing preliminary budget numbers for building construction and site improvements for each of the 5 space needs categories. Services Provided: Our services will include the following: Preliminary budget analysis based on the selected basic building assumptions as determined by the Fire Department staff. • Breakout of the budget analysis showing the impact of each additional space use option listed. a Listing of the cost savings potential based on the efficiencies determined in the space needs analysis. Part IV - Report Manual and City Presentation: Our services for this part include assembling a bound report manual representing all the study findings and assisting the city staff to present this to the City Council. Services Provided: Our services will include the following: • Assembly of all the study information into a bound Report Manual o Space Needs section o Site Selection Criteria section o Preliminary Budget Analysis section. • Presentation of the report findings to the City Council o Prepare printed and digital presentation o Summarize report findings o Respond to Council comments Fee: For this work, we propose a fixed fee of $5,800, plus reimbursable expenses as described below. Agreement: The fee is due within 30 days of monthly invoices. P:1PROJELTSt2006\06065\TE,mCONTRAC I S - AE & OWNEIL\ARCIU'ROP - PREDESION.DOC Reimbursable Expenses: Reimbursable expenses will be billed as they occur and include: - Printing and copies - Miscellaneous postage and delivery service - Mileage Schedule: CNH Architects is available to start the project immediately and will develop a schedule to meet the client's needs. We appreciate your using us for this work and look forward to proceeding with the project. Sincerely, uinn S. utson, AIA Principal CNH Architects, Inc Accepted by: cc: File Signature: Name: Title: Date: P.\PRo EcrS\?o06\06065\TEXT\CON1RACTS - AE & OWNER'AItCfPROP - PRflDESION.AOC Agenda Memo November 20, 2007 Eagan City Council Meeting J. RELEASE OF PARK DEDICATION AGREEMENT - GALAXIE CLIFF PLAZA THIRD ADDITION ACTION TO BE CONSIDERED: To approve release of Park Dedication Agreement for the subdivision known as Galaxie Cliff Plaza Third Additlon, and authorize the Mayor and City Clerk to sign the same. FACTS: The City entered into a Park Dedication Agreement dated July 10, 1997, concerning the timing and amount of payment for park and trail dedication fees for Galaxie Cliff 3rd Addition, a commercial office development located on Plaza Drive south of Cliff Road east of I-35E. ? The Developer recorded the Park Dedication Agreement with the Dakota County Registrar of Titles. ? The property owner is now requesting that the city release the agreement of record to resolve title concerns. ? Development of the site is complete and the required dedication fees were paid with the issuance of building pen-nits. ? With the requirements of the Park Dedication Agreement satisfied, City staff recommends that the Agreement be released. ? The City Attorney will prepare the Release of Park Dedication Agreement document for signature by the Mayor and City Clerk. ATTACHMENTS (0): 49 Agenda Information Memo November 20, 2007 Eagan City Council Meeting L. PROJECT 953, CEDAR GROVE NO. 1 & 2 STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 953, Cedar Grove No. 1 & 2 (Street & Utility Improvements) and schedule a public hearing to be held on December 18, 2007. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets within the Cedar Grove No. 1 and 2 neighborhood, located north and south of Diffley Road between Rahn Road and Nicols Road. • A structural mill and overlay of these streets is programmed for 2008 in the City of Eagan's 5-Year CIP (2008-2012). • 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, December 18, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Jo Agenda Information Memo November 20, 2007 Eagan City Council Meeting M. PROJECT 954, GLORY DRIVE / CEDAR RIDGE CIRCLE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 954, Glory Drive/ Cedar Ridge Circle (Street Improvements) and schedule a public hearing to be held on December 18, 2007. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of Glory Drive and Cedar Ridge Circle, both cul-de- sacs west of Nicols Road between Diffley Road and Cliff Road. • A structural mill and overlay of these streets is programmed for 2008 in the City of Eagan's 5-Year CIP (2008-2012). • 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, December 18, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 31 Agenda Information Memo November 20, 2007 Eagan City Council Meeting N. PROJECT 955, SAFARI ESTATES STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 955, Safari Estates (Street Improvements) and schedule a public hearing to be held on December 18, 2007. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets within the Safari Estates neighborhood, located west of Galaxie Avenue, south of Cliff Road. • A structural mill and overlay of these streets is programmed for 2008 in the City of Eagan's 5-Year CIP (2008-2012). • 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, December 18, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 3c Agenda Information Memo November 20, 2007 Eagan City Council Meeting 0. PROJECT 956, BRIAR HILL 1ST/ 2ND/ 4TH ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 956, Briar Hill 1st/ 2" d/ 4th Additions (Street Improvements) and schedule a public hearing to be held on December 18, 2007. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets within the Briar Hill 1st/ 2" d/ 4th Additions neighborhood, located south of Silver Bell Road, between Blacldiawk Road and Cedar Grove Parkway. • A structural mill and overlay of these streets is progranuned for 2008 in the City of Eagan's 5-Year CIP (2008-2012). • 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, December 18, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Agenda Information Memo November 20, 2007 Eagan City Council Meeting P. PROJECT 957, BLACKHAWK OAKS ADDITION (RIVERTON AVENUE) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 957, Blacldlawk Oaks Addition (Street Improvements) and schedule a public hearing to be held on December 18, 2007. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Riverton Avenue within the Blacldiawk Oaks Addition neighborhood, located east of Blackhawk Road and west of Blacldiawk Park. • A structural mill and overlay of this portion of Riverton Avenue is programmed for 2008 in the City of Eagan's 5-Year CIP (2008-2012). • 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, December 18, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 3V Agenda Information Memo November 20, 2007 Eagan City Council Meeting Q PROJECT 958, TOWERVIEW ROAD (WEST OF PILOT KNOB ROAD) STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 958, Towerview Road (Street Improvements) and schedule a public hearing to be held on December 18, 2007. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering the street rehabilitation of Towerview Road, west of Pilot Knob Road. • A structural mill and overlay of this portion of Towerview Road is programmed for 2008 in the City of Eagan's 5-Year CIP (2008-2012). • 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, December 18, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. Ji> Agenda Information Memo November 20, 2007 Eagan City Council Meeting R. PROJECT 959, EDEN ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 959, Eden Addition (Street Improvements) and schedule a public hearing to be held on December 18, 2007. FACTS: • On June 19, 2007 the City Council directed staff to prepare a feasibility report considering a street rehabilitation of the streets within the Eden Addition neighborhood, located east of Blackhawk Road and north of Cliff Road. • A structural mill and overlay of these streets is programmed for 2008 in the City of Eagan's 5-Year CIP (2008-2012). • 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, December 18, 2007. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. 66 Agenda Information Memo November 20, 2007 Eagan City Council Meeting S. CONTRACT 07-04, BOULDER LAKES STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 for Contract 07-04 (Boulder Lakes - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Facts regarding this item will be distributed with the Additional Information Packet on Monday. 37 Agenda Information Memo November 20, 2007 Eagan City Council Meeting T. CONTRACT 06-01, TH 149 RECONSTRUCTION & UPGRADE (TH 55 - ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Change Order Number 5 and Work Order Numbers 39-40 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 which provides 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. • Change Order No. 5 provides documentation of a minor revision to the aggregate base material on Opperrnan Drive. There is no change in the contract amount as a result of this change order. • Work Order No. 39 provides for the insulation of a residential water service. The insulation is required to prevent freezing of the water service during extreme cold weather. The increased costs associated with this revision will be financed by the Major Street Fund. (ADD $1,000.00) • Work Order No. 40 provides for the removal of a portion of existing chain link fence that conflicts with the installation of the bituminous trail on the east side of TH 149. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $500.00) • The costs associated with these Work Orders are estimates provided by MnDOT. The final costs for completion of the work contained in the work orders will be determined by the actual cost of the equipment, labor and materials required to perform the work in accordance with MnDOT specifications. • The Work Orders have been reviewed by the Engineering Division and found to be in order for favorable Council action. P Agenda Memo November 20, 2007 Eagan City Council Meeting U. RELEASE OF VARIOUS AGREEMENTS AFFECTING GRAND OAK BUSINESS PARK AND APPROVAL OF ESTOPPEL CERTIFICATE ACTION TO BE CONSIDERED: A. Approve Release of Postponed Water Assessment Area Assessment; B. Approve Release of Park Dedication Agreement; C. Approval of Estoppel Certificate for AUAR Mitigated Traffic Iniprovenients; and D. Approval of Planned Unit Development Estoppel Certificate. FACTS v The City and Grand Oak entered into various agreements pertaining to the Development of the Grand Oak Business Park. Grand Oak is now selling the entire Business Park to BPG (the "Buyer") and the Buyer has requested that certain recorded documents be released and that the City confirm that all payments have been made for the AUAR traffic mitigation improvements. The proposed agreements are as follows: A. Release of Postponed Water Assessment. In 1984, the City recorded that document postponing water area assessments. The assessments have subsequently been levied against the developed properties. Accordingly, the Agreement can be released of record. B. Release of Park Dedication Agreement. In 1999, the City recorded a Park Dedication Agreement pertaining to the Grand Oak Business development requiring the payment of park dedication fees when building permits are issued. All permits have been issued and all park dedication fees have been paid. Accordingly, a release of the Agreement is appropriate. C. Escrow Agreement/Estoppel Certificate. As part of the Grand Oak Business Park development, the City required the Developer to escrow funds to pay for AUAR mitigated traffic improvements. The funds have been deposited in an escrow account and remain on deposit with the City. The Agreement requests certification that the funds have been deposited with the City. D. Planned Unit Development/Estoppel Certificate. All development within Grand Oak is under a "planned unit development." The Estoppel Certificate requests certification that the City, without undertaking any independent investigation, is not aware of any default under the agreements. The City Staff has determined that all development agreements have been recorded with the County Recorder or Registrar of Titles and that they are not aware of any default under the Agreements. ATTACHMENTS (4): Release of Postponed Water Assessment Agreement, pages ?'U tlroughq Release of Park Dedication Agreement, pages L3 through Escrow Agreement and Estoppel Certificate, pages through . PUD Estoppel Certificate, pages 1413 through 5Q. 3f Drafted by Janet A. Lindeman DLA PIPER US LLP ) 203 N. LaSalle, Suite 1900 ) Chicago, Illinois 60601 ) SPACE ABOVE FOR RECORDER'S USE RELEASE OF POSTPONED WATER ASSESSMENT LETTER Assessor's Parcel No, 10-30802-030-01 Legal Description: See Exhibit A attached hereto (the "Property") The City of Eagan (the "City") executed that certain Certified Listing of Postponed Special Assessments letter dated June 27, 1984 and recorded with the County of Dakota Office of County Recorder on July 12, 1984 as Document No. 659714 (the "Postponed Water Assessment Letter"). The City hereby filly releases said Postponed Water Assessment Letter with respect to the Property. EXECUTED this CITY: CITY OF EAGAN, a Minnesota municipal corporation By By: Mike Maguire, Mayor Maria Petersen, Clerk [notary blocks on next page] day of , 2007. CHG02\90219791.1 I (Notary Blocks to the Release of Postponed Water- Assessment Letter) STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2007, by Mike Maguire, the Mayor of the City of Eagan, a Minnesota municipal corporation ("City"), on behalf of the City. WITNESS my hand and official seal: STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) Notary Public The foregoing instrument was acknowledged before me this _ day of , 2007, by Maria Petersen, the Clerk of the City of Eagan, a Minnesota municipal corporation on behalf of the City. WITNESS my hand and official seal: CHGO2\40219741.1 Notary Public 41 EXHIBIT A LEGAL DESCRIPTION The land is situated in the County of Dakota, State of Minnesota, and is described as follows: LOT 3, BLOCK 1, GRAND OAK FIVE, according to the recorded plat thereof. (Abstract and Torrens Property, Certificate of Title No. 136150) CHGO2\40219741.1 A-1 Drafted By Janet A. Lindeman DLA Piper US LLP ) 203 N. LaSalle, Suite 1900 ) Chicago, Illinois 60601 ) SPACE ABOVE FOR RECORDER'S USE RELEASE OF PARK DEDICATION AGREEMENT Assessor's Parcel Nos. 10-30803-030-01; 10-30801-020-01; 10-30802-010-01; 10-30802-020-01; and 10- 30801-020-00 Legal Description: See Exhibit A attached hereto (the "Property"). Wispark Corporation, a Wisconsin corporation ("Wispark"), entered into that certain Park Dedication Agreement with the City of Eagan, a Minnesota municipal corporation (the "City"), dated March 2, 1999, which was recorded on April 23, 1999 as Document Nos. 1598645 with the County Recorder of the County of Dakota, Minnesota ("Recorder") and as Document No. 397560 (Ton°ens) in the office of the Registrar of Titles of Dakota County, Minnesota (the "Registrar") (the "Agreement"). The Owner's interests and obligations under the Agreement was assigned by Wispark to Grand Oak Master LLC, a Delaware limited liability company (the "Owner") by that certain Assignment and Assumption of Park Dedication Agreement dated as of October 19, 2000 and recorded on June 20, 2001 with the Recorder as Document No. 1784501 and filed as Document No. 441771 (Torrens) with the Registrar. The City has determined that all of the obligations of Owner as fully set forth in the Agreement have been fully and satisfactorily completed, and City hereby releases said Agreement with respect to the Property. CITY: CITY OF EAGAN, a Minnesota municipal corporation By: By: CHG02\90216795.2 [notary blocks follows next] Af5 Mike Maguire, Mayor Maria Petersen, Clerk (Notary Blocks to Release of Panic Dedication Agrreement) STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2007, by Mike Maguire, the Mayor of the City of Eagan, a Minnesota municipal corporation on behalf of the City. WITNESS my hand and official seal: Notary Public STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2007, by Maria Petersen, the Clerk of the City of Eagan, a Minnesota municipal corporation ("City"), on behalf of the City. WITNESS my hand and official seal: Notary Public CHG02\90216795.2 EXHIBIT A LEGAL DESCRIPTION The land referred to in this Legal Description is situated in the County of Dakota, State of Minnesota, and is described as follows: Parcel 3 Lot Three (3), Block One (1), Grand Oak Four, according to the recorded plat thereof. (Torrens Property, Certificate of Title No. 126615) Parcel 4 Lot Two (2), Block One (1), Grand Oak Two, Dakota County, Minnesota, according to the recorded plat thereof. (Torrens Property, Certificate of Title No. 130825) Parcel 5 Lot One (1), Block One (1), Grand Oak Three, according to the recorded plat thereof. (Abstract and Torrens Property, Certificate of Title No. 126426) Parcel 6 Lot Two (2), Block One (1), Grand Oak Three, according to the recorded plat thereof. (Abstract Property) Parcel 11 Outlot B, Grand Oak Two, according to the recorded plat thereof. (Torrens Property, Certificate of Title No. 126618) CHG02\90216795.2 ?,s ESCROW AGREEMENT ESTOPPEL CERTIFICATE BPG Grand Oak Building III Investors, LLC c/o BPG Properties, Ltd. 200 South Michigan Avenue Chicago, Illinois 60604 BPG Grand Oak Building IV Investors, LLC c/o BPG Properties, Ltd. 200 South Michigan Avenue Chicago, Illinois 60604 BPG Grand Oak Building V Investors, LLC c/o BPG Properties, Ltd. 200 South Michigan Avenue Chicago, Illinois 60604 BPG Grand Oak Investors Investors, LLC c/o BPG Properties, Ltd. 200 South Michigan Avenue Chicago, Illinois 60604 BPG Grand Oak Building Retail Investors, LLC c/o BPG Properties, Ltd. 200 South Michigan Avenue Chicago, Illinois 60604 BPG Grand Oak Building IX Investors, LLC c/o BPG Properties, Ltd. 200 South Michigan Avenue Chicago, Illinois 60604 The Prudential Insurance Company of America 2200 Ross Avenue, Suite 4900E Dallas, Texas 75201 BPG Grand Oak Building X Investors, LLC c/o BPG Properties, Ltd. 200 South Michigan Avenue Chicago, Illinois 60604 RE: That certain Escrow Agreement dated March 2, 1999, by and between Wispark Corporation, a Wisconsin corporation ("Wispark"), and the City of Eagan (the "City") (the "Wispark Agreement") and that certain Escrow Agreement dated October 19, 2004, by and between Grand Oak CR LLC, a Delaware limited liability company ("CR"), and the City (the "CR Agreement"). Wispark and CR are collectively referred to herein as the "Owner" and the Wispark Agreement and the CR Agreement are collectively referred to herein as the "Agreement". Ladies and Gentlemen: The undersigned, having authority to do so, certifies and affirms to the parties to whom this statement is addressed that the following statements are accurate as of the date of this certificate. Except as otherwise defined herein, capitalized terms used herein shall have the same meanings ascribed to such terms in the Agreement. 1. To City's knowledge, the Agreement is in full force and effect and has not been modified, supplemented or amended in any way. 2. As of the date hereof, there are no past due AUAR Mitigative Traffic Improvement fees, and Owner has fulfilled all of its obligations under the Agreement. 3. City has not given or received any written notice of any breach or default under the Agreement that has not been cured, and to City's knowledge, no event has occurred that with the giving of notice, passage of tirne, or both, would constitute an event of default thereunder. [signature page follows] CI-IGO2\40216731.3 14 LQ EXECUTED this day of 12007. CITY: CITY OF EAGAN By: Mike Maguire, Mayor By: Maria Petersen, Clerk CHHG02\40216731.3 ESTOPPEL CERTIFICATE BPG Grand Oak Building IX Investors, LLC c/o BPG Properties, Ltd. 200 South Michigan Avenue Chicago, Illinois 60604 BPG Grand Oak Building X Investors, LLC c/o BPG Properties, Ltd. 200 South Michigan Avenue Chicago, Illinois 60604 BPG Grand Oak Building Retail Investors, LLC c/o BPG Properties, Ltd. 200 South Michigan Avenue Chicago, Illinois 60604 The Prudential Insurance Company of America 2200 Ross Avenue, Suite 4900E Dallas, Texas 75201 Re: Grand Oak Business Park, Eagan, Minnesota Ladies and Gentlemen: Please refer to the following documents (collectively, the "PUD Documents"): • Final Planned Development Agreement Grand Oak Five dated April 4, 2006, by and between the City of Eagan, a Minnesota municipal corporation (the and Grand Oak CR LLC, a Delaware limited liability company ("CR LLC") recorded with the Office of the County Recorder Dakota County, Minnesota ("Recorder") on April 17, 2006 as Document No. 2421102 (the "April 2006 Agreement"); Final Planned Development Agreement Grand Oak Five dated April 19, 2005, by and between the City and CR LLC and recorded with the Recorder on April 28, 2005 as Document No. 2317245 and filed in the office of Dakota County Registrar of Titles ("Registrar") as Document No. 564216 (the "Grand Oak Five Agreement"); as amended by that certain First Amendment to Final Planned Development Agreement Shops at Grand Oak dated February 3, 2006, by and between the City and Grand Oak Retail LLC, a Delaware limited liability company ("Retail LLC"), and recorded with the Recorder on February 21, 2006 as Document No. 2407349 and filed with the Registrar as Document No. 585146 (the "Grand Oak Five First Amendment"); and further amended by that certain Second Amendment to Final Planned Development Agreement at Grand Oak, dated February 7, 2006, by and among the City, CR LLC, and Grand Oak Office IX LLC, a Delaware limited liability company ("Office IX LLC") and recorded with the Recorder on March 9, 2006 as Document No. 2411377 (the "Grand Oak Five Second Amendment"). The Grand Oak Five Agreement, the Grand Oak Five First Amendment and the Grand Oak Five Second Amendment are collectively referred to. herein as the "April 2005 Agreement"; • Final Planned Development Agreement Lot 3, Block 1, Grand Oak Five dated August 2, 2004 (the "Original Agreement") and the First Amendment to Final Planned Development Agreement Lot 3, Block 1, Grand Oak Five dated December 19, 2006, by and between the City and Grand Oak Retail LLC, a Delaware limited liability company ("Retail LLC") (the "First Amendment"). The Original Agreement and the First Amendment are collectively referred to herein as the "August 2004 Agreement". CR LLC, Office IX LLC and Retail LLC are collectively referred to herein as "Owner". Unless otherwise defined herein, all capitalized terms used herein shall have the meaning set forth in the PUD Documents. The undersigned having authority to do so, certifies and affirms to the parties to whom this statement is addressed that the following statements are accurate as of the date of this certificate. CHGO2\4021401 1 5 To City's knowledge, without having undertaken and without being under any obligation to undertake any independent or on-site investigation (i) the Property and Owner are in full compliance with the PUD Documents, including, without limitation, all development requirements and conditions contained therein, and (ii) there is neither any default nor any event which, with the passage of time or the giving of notice, or both, would constitute a default under the PUD Documents by any of the parties thereto except for 2. To City's knowledge, there is no outstanding written notice given by the City to the Owner of any violation of the PUD Documents except for (signature page follows next) CI-1G02\4021401 I.5 ,LLGI (signature page to PUD Estoppel Certificate) EXECUTED this day of 12007, CITY: CITY OF EAGAN By: By: CHGO2\4021401 1.5 Mike Maguire, Mayor Maria Petersen, Clerk SD Agenda Memo November 20, 2007 Eagan City Council Meeting V. RELEASE OF DEVELOPMENT CONTRACT - WINGS ADDITION ACTION TO BE CONSIDERED: To approve release of Development Contract between the City of Eagan and Wings Financial Federal Credit Union for Wings Addition. FACTS The City and Wings Financial Federal Credit Union entered into a Development Agreement dated May 17, 2005 concerning the development of the Wings Addition, a commercial development near Denmark Avenue and Northwood Parkway. The Developer recorded the Development Agreement with the Dakota County Registrar of Titles. i Wings Financial sold one lot to Reliance Development, who subsequently developed it. Reliance is now requesting that the Development Agreement be released. ? The Developer has completed all requirements of the Development Agreement and is requesting that the Agreement be released. i City Staff has determined that the public improvements constructed under this development are acceptable and the City accepted the improvements in November, 2005. With all requirements of the Development Agreement met, City staff recommends that the Agreement be released. ATTACHMENTS (1): Release of Development Contract, pages through S G1 RELEASE OF DEVELOPMENT CONTRACT This Release of Development Contract ("Release") is made this day of 2007, by and between CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City"), and WINGS FINANCIAL FEDERAL CREDIT UNION, a federal chartered credit union ("Developer"). WHEREAS, the Developer entered into a certain Development Agreement by and between the City of Eagan and Wings Financial Credit Union, a federal chartered credit union, dated May 17, 2005 and recorded July 25, 2005, as Document No. 2343156 with the Dakota County Recorder's Office ("Development Contract"); and WHEREAS, the Development Contract provides that upon submittal by Developer of the required as-built plans for each plan identified in paragraph 3.1 of the Development Contract and upon payment of all costs owed to the City, the Developer may apply in writing for a release of its obligations except those imposed pursuant to paragraph 8.4 of the Development Contract; and WHEREAS, the Developer has submitted the required as-built plans and has provided payment of all costs owed to the City and the City is willing to release the Developer and the Property from the teens and conditions of the Development Contract, subject to the terms and conditions of this Release. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Developer agree as follows: 1. Except as provided in Section 2 below, the City does hereby release the Developer, its successors and assigns, from its obligations under the Development Contract. 2. Notwithstanding the provisions of Section 1 above, the obligation to pay a special assessment set forth in Section 8.4 of the Development Contract shall constitute a covenant running with the land. 3. Developer hereby represents and warrants to the City that Developer has the power and authority to enter into a perform its obligations under this Agreement, JCo9 and such performance will not conflict with or result in the breach of any tends, conditions or provisions of any agreement or instrument to which Developer is a party or by which it is bound. 4. This Release, shall be binding upon and inure to the benefit of the City and Developer and their respective successors and assigns. 5. This Release shall be governed by and construed in accordance with the laws of the State of Minnesota. CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Maria Petersen Its: Clerk WINGS FINANCIAL FEDERAL CREDIT UNION, a federal chartered credit union By: Its: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of , 2007, by Mike Maguire and Maria Petersen, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public S3 STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing was acknowledged before me this day of 2007, by , the of WINGS FINANCIAL, FEDERAL CREDIT UNION, a federal chartered credit union, on behalf of the federal chartered credit union. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Robert B. Bauer SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 953-8847 (RBB: 206-23093) 5 Agenda Information Memo November 20, 2007, En City Council Meeting VI. OLD BUSINESS A. PRELIMINARY SUBDIVISION (DG WELDING FIRST ADDITION) - DG ENTERPRISES ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive, legally described as L,ot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Baclmlans Eagan Addition in the SE'/4 of Section 8, subject to the conditions in the APC minutes and an additional staff recommended condition (#10). (New information is indicated in bold.) REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The DG Enterprises property (3265 Sun Drive) was platted in 1997 as Tan Me First Addition. The building was constructed in 1997. A CUP for outside storage also was issued in 1997. ? The Bachman's Eagan Addition property was developed in 1968. It was first platted as part of Sibley Terminal Industrial Park in 1964, and replatted as Baclnnan's Eagan Addition to consolidate three parcels into one lot in 2005. i DG Enterprises is acquiring approximately 2.2 acres of the westerly portion of the adjacent Baclunan's Eagan Addition. The subdivision is necessary to allow the land transfer. ? Existing easements (35' wide trunk sanitary sewer easement, 60' wide ingress/egress easement, and 20' wide utility easement) will be maintained with the proposed subdivision and plat. ? There is no new development proposed at this time, however, the applicant is acquiring this additional land for possible future expansion. ? Future development will be constrained by the previously referenced easements, subject to the City's Tree Preservation Ordinance, and should provide for water quality and quantity controls in compliance with City standards at that time. ? The site is subject to cash park, dedications for future development. The site is subject to cash trail dedication for 6.46 acres (existing Ll, 131 Bachman's Eagan Addition) at the time of final plat. The Advisory Planning Commission held a Public Hearing on September 25, 2007 and is recommending approval. Agenda Information Memo November 20, 2007, Eagan City Council Meeting DG Welding First Addition (continued) ISSUES: ? Just prior to the Council's consideration of this application on Oct. 16, it was learned that the currently used 60' access easement adjacent to the DG Welding operations (and through the middle of the proposed new subdivision) does not convey access rights to a City owned Parcel (10-00800-011-50). Further investigations have revealed that the City does not have access rights over the other currently used access through the Valley Acres Addition near Yankee Doodle Rd. rendering this City parcel as essentially land locked. ? With that discovery, an additional condition to dedicate and convey an access easement was presented to the Council for consideration of inclusion in its Subdivision approval for this plat. The applicant and property owner objected to the proposed additional condition and further stated his preference to have the existing private access easement rights removed in their entirety. The Council continued the item to the November 5 Council meeting to allow the property owner and staff time to review possible options. The City Attorney's office has reviewed; 1) the current land locked status of the City parcel, 2) the rights conveyed by the current access easement, and 3) the Code requirement for subdivision approval. Section 13.20, subd. 9 (Land Locked Parcels) states: "...the City shall not permit land locked parcels or parcels that are only served by private easements." This Code requirement applies to the proposed DG Welding First Addition, since its access would be provided only by a private cross easement along Sun Drive within the original Tan Me Industrial Park plat. ? There are several options available to address these issues: 1. In order for the City's land locked parcel to obtain access to Terminal Dr., the City would have to acquire cross easement rights along the alignment of the current private access easement through the Tan Me development and DG Welding First Addition. This can be done by: a) The City assuming partial rights to the current private access easement by acquiring ownership interests in the Valley Acres property currently served by this private easement, or b) Through the Subdivision Ordinance, require the DG Welding First Addition to dedicate a public easement within their proposed plat and acquire a public easement beyond their plat all the way to Terminal Dr. The developer has the option to petition the city to acquire this additional public easement as a public improvement project and assess all benefiting property owners (primarily the City owned parcel). A public easement will create setback issues that will need to be addressed. c) The developer obtaining and conveying a private access easement over all properties out to Terminal Dr. to the interests of the City parcel. Agenda Information Memo November 20, 2007, Eagan City Council Meeting DG Welding First Addition (continued) ISSUES: ? Any of these options will require a new condition (#10) be added to the approval of the proposed subdivision. Based on the results of this additional research, it is recommended that the previous suggested additional condition be revised as follows and presented to the Council for consideration of approval: 10) The Property Owner shall acquire, dedicate and/or convey a 60' public access easement from Parcel 10-00800-011-50 to Terminal Dr. over the same alignment as the existing private access easement described in the Quit Claim Deed recorded as Document #81528. The property owner was out of the country and unable to meet with staff prior to the time of this report preparation. If a meeting happens before the Nov. 5 Council meeting, a verbal update will be provided. i At the Nov. 5, 2007 Council meeting, this item was continued to the Nov. 20, 2007 City Council meeting. i City staff and the City Attorney met with the applicant and their attorney on Nov. 7t". The applicant continues to express reservations to the proposed condition #10 above. During the Nov. 7th meeting with staff, the applicant verbally indicated that they would request further continuance of this preliminary subdivision application. To date, such request has not been confirmed in writing. ? Engineering continues to explore other alternatives to the condition stated above, but there is no resolution to the issue yet. 120-DAY AGENCY ACTION DEADLINE: Deadline expires December 26, 2007 ATTACHMENTS (3): Draft APC minutes on pages a t Ll. Staff report on pages S through At, Section reap with easement alignmge b- 7 September 25, 2007 APC Minutes Page 4 of 6 C. DG Welding First Addition Applicant Name:DG Enterprises Location:3265 Sun Drive & 3245 Terminal Drive; Lot 1, Block 1, Tan Me Industrial Park & Lot 1, Block 1, Bachmans Eagan Addition Application:Preliminary Subdivision A Preliminary Subdivision of approximately 8.4 acres to create 2 lots. File Number: 08-PS-09-08-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 19, 2007. She noted the background and history. The applicant was present and available for questions. Chair Keeley opened the public hearing. There being no public comment, Chair Keeley closed the public hearing and turned the discussion back to the Commission. Member Feller moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE '/4 of Section 8, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachman's Eagan Addition, 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 2. The property shall be platted. 3. Future development of the this subdivision (i.e. parking lot expansion) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 4. Any future development of Lot 1 (i.e. parking/ storage expansion) shall construct and maintain a 30-foot wide clear, paved access road within this easement, from Sun Drive to the City property. 5. Storage shall not be allowed within the ingress/egress easement area on Lot 1, 6, If a fence is installed with future development, 30-foot wide gates, with City accessibility, shall be provided on both ends of the ingress/ egress easement within the fence. 7, Future development of this subdivision (i.e. parking/storage lot or building expansion) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 8. This development is subject to cash park dedication. Lot 1 shall be subject to additional cash park dedication with any future expansion of the building, Lot 2 shall be subject to a cash park dedication for any future building expansion or reconstruction. Park dedication shall be payable at the time of building permit at the rates then in effect. 9. This development is responsible for a cash trail dedication for 6.46 acres, payable at the time of final plat at the rates then in effect. A vote was taken. All voted in favor. Motion carried: 5-0. 5? PLANNING REPORT CITY OF EAGAN REPORT DATE: September 19, 2007 APPLICANT: DG Welding PROPERTY OWNER: DG Enterprises REQUEST: Preliminary Subdivision CASE: 08-PS--09-08-07 HEARING DATE: September 25, 2007 APPLICATION DATE: August 15, 2007 PREPARED BY: Pamela Dudziak LOCATION: 3265 Sun Drive and 3245 Terminal Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: 1-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE `/, of Section 8, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition. 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 Planning Report - DG Enterprises September 25, 2007 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 pioblems- 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. I. 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) I 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 frilly 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." BACKGROUNDIHISTORY The DG Enterprises property (3265 Sun Drive) was platted in 1997 as Tan Me First Addition The building was constructed in 1997- A CUP for outside storage also was issued in 1997 The Bachman's First Addition property was developed in 1968 The property was platted as pat of Sibley Terminal Industrial Park in 1964, and was replatted as Bachman's Eagan Addition to consolidate three parcels into one lot in 2005 There are two existing buildings and one large cement slab (previous location of Bachman's greenhouses) on site 100 Planning Report- DG Enterprises September 25, 2007 Page 3 DG Enterprises is acquiring the westerly approximately 2.2 acres of the adjacent Bachman's First Addition While no new development is proposed at this time, the applicant is acquiring this additional land for possible future expansion The subdivision is necessary to allow the land transfer EXISTING CONDITIONS Both parcels contain existing buildings The Bachman's First Addition site generally slopes toward the west and the western portion of the site is heavily wooded Access is provided to Bachman's First Addition via Terminal Drive and to the DG Enterprises site via a private street, Sun Drive SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use __ Zoning Land Use Designation North Industrial (Safety K.leen/ 1' 1, Limited Industrial IND, Limited Industrial United Stationers) South Warehouse/storage, I.1, Limited Industrial END, Limited Industrial manufacturing East Warehouse/storage, 1-1, Limited Industrial END, Limited Industrial Manufacturing _ West City of Ea an _ PF, Public Facilities QP, Quasi )il rblic__._____._ EVALUATION OF REQUEST Proposal - DG Enterprises currently owns Lot 1, Block 1, Tan Me Addition and proposes to acquire approx. 2.2 acres of Lot 1, Block 1, Bachman's Eagan Addition in anticipation of future expansion needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two properties. The proposed DG Welding First Addition subdivision results in proposed Lot 1 containing the existing DG Welding facility and proposed Lot 2 consists of the remaining Bachman's property. The applicant should note that future expansion of outside storage on Lot 1, or the establishment of outside storage on Lot 2, will require a Conditional Use Pennit Compatibility- with Surrounding Area- There is no new development proposed at this time, and no new lots created as part of the proposed subdivision. Airport Noise Considerations - The City of Eagan considers airport noise as a factor in its Comprehensive Land Use Guide Plan, Aviation is considered a regional system and is included in LQ) Planning Report- DG Enterprises September 25, 2007 the Metropolitan Council's 2030 regional Transportation Policy Plan. As part of this plan, the 1996 Aviation Policy Plan remains in effect and will continue to anticipate the impacts fiom the operations of the MSP International airport at its current location As an appendix to its 2030 Transportation Policy Plan, the Metropolitan Council has adopted new land use compatibility guidelines which incorporate the FAR Part 150 2007 noise contours and noise exposure map for MSP International Airport, A refinement of these guidelines may be found in the March 2006 Metropolitan Council's Builder's Guide, including additional land use compatibility and noise attenuation within the applied Noise Buffer Zone. The subject site is within the applied Noise Buffer Zone. Industrial uses are considered compatible within the Buffer Zone. Lots - The proposed lot areas are Lot I = 4 14 acres and Lot 2 = 4.26 acres.. Setbacks - I--l, Limited Industrial setbacks apply to both lots. Minimum required building setbacks are: front = 40 feet, side = 20 feet and rear = 20 feet. Required parking/pavement setbacks are 20 feet from a public right-of=way, and 5 feet from other lot lines City Code currently requires a 50' parking/pavement setback in the I-1 zoning district when "directly adjacent to properties guided for parks or public facilities " The existing DG Welding facility is adjacent to property zoned PF, Public Facilities A CUP was approved for outside storage on that site in 1997, and the 15' setback of the outside storage area from the PF property does comply with the approved site plan for the 1997 CUP Also, the adjacent property is utilized by the City's Public Works Department as a stockpile area for earthen and excavated materials.. Further expansion of the outside storage will be subject to a new CUP and setback requirements in effect at that time. Site Plan - Because there is no new development proposed at this time, a proposed site plan was not submitted. The Existing Conditions Plan shows the existing site layout Green Space - The acquisition of an additional 2 2 acres of undeveloped land will increase the green space an proposed Lot I (the DG Welding site). The corresponding reduction in green space for proposed Lot 2 (Bachman's) still results in a green space ratio exceeding the minimum required 25% for I-1 zoned property. Grading/ Totpogra 2h -- The site is heavily wooded in the northern portion of proposed Lot 1, and the overall site generally slopes to north and west. Utilities - The existing buildings are connected to City sanitary sewer and water main service, and no additional service extensions are necessary with the proposed subdivision- Ai existing Metropolitan Council - Environmental Services sanitary sewer trunk line runs through the southwestern portion of proposed Lot 2 and the northeast portion of proposed Lot I Storm Drainage/Water Quality - A City storm sewer trunk line extends south to north through proposed Lot I Current drainage of proposed Lot I utilizes this storm sewer, while the drainage Planning Report- DG Enterprises September 25, 2007 Page 5 on proposed Lot 2 flows overland to the west. Future development of this subdivision (i,e. parking lot expansion) should provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development Access - Lot I currently has driveway access to a private street (Sun Drive), while Lot 2 has access onto a public street (Terminal Drive). No additional accesses are proposed with this subdivision. The City holds an ingress/ egress easement across Lot 1, utilized mainly by City Maintenance crews, to access the City's property to the west (Parcel 011-50) Any future development of Lot I (i.e. parking/ storage expansion) should Construct and maintain a 30-foot wide clear, paved access drive within this easement, from Sun Drive to the City property. Storage should not be allowed within the easement area. If a fence is installed with future development, 30-foot wide gates, with City accessibility, should be provided on both ends of the ingress/ egress easement- Easements/Rights of Way/ Permits - A 35' wide easement for trunk sanitary sewer extends through the southwestern portion of Lot 2 and the northeast portion of Lot 1. A 60' wide ingress egress easement and a 20'wide utility line easement extend across the northern boundary of the existing DG Enterprises site. These easements will be maintained with the proposed subdivision and plat Tree Preservation - The initial plans submitted provided a tree inventory based on individual trees The City Forester suggested that the site be reinventoried using the "significant woodland" classification. Although the applicant did not prepare a revised tree inventory, staff's analysis of recent aerial photography estimates approximately 50,000 sq, ft. (1.15 acres) of significant woodlands on site, comprised mostly of softwood deciduous trees such as clan and cottonwood trees. Expansion and further development of the site will be subject to the City's Tree Preservation Ordinance, Because the applicant is not proposing any new development at this time, the submitted application does not indicate what portion of the existing woodlands will be removed with future development. Given the amount of significant woodlands currently on site, future expansion and development likely will require tree mitigation. The City's Tree Preservation Ordinance currently allows 30% removal for single-phase single-lot commercial/industrial development. Future development of this subdivision (i.e. parking/storage lot or building expansion) should comply with tree preservation and mitigation requirements in the City's Tice Preservation Ordinance in effect at the time of development- A revised tree/woodland inventory and tree preservation plan will need to be submitted prior to any future development or expansion. Parks and Recreation - Park and trail dedications were satisfied for Lot 1, Block 1 Tan Me First Addition in 1997 with the construction of the DG Welding facility. It appears that park and trail dedications have not been paid (or land dedicated) for the existing Lot 1, Block 1, Bacluuan's Planning Report - DG Enterprises September 25, 2007 Page 6 Eagan Addition, which was initially platted as Sibley Terminal Industrial Park in 1964, developed in 1968, and replatted to consolidate several parcels into one lot in 2005. Prior to this year, comrnercia]/industrial park dedication rates were based on the net acreage of a site. In 2007, the City's commercial/industrial park dedication rates were modified to be based on the size of the building. As such, Lots I and 2 should be subject to additional cash park dedication with any future building expansion- For both lots, park dedication will be payable at the time of building permit at the rates then in effect. A cash trail dedication was paid on the Lot 1, Block 1, Tan Me First Addition parcel in 1997- Trail dedication has not been fulfilled for the existing 6.46-acre Bachman's Eagan Addition parcel Therefore, a cash trail dedication on the 6.46 acres is due at this time, payable at the time of final plat The 2007 rate for trail dedication is $1,251.00 per net acre. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 8.4 acres located north of Sun Drive and west of Terminal Drive in the SE' /, of Section 8. There is no new development proposed at this time, however, future expansion of the DG Welding facility is anticipated. Existing easements should be maintained with the proposed new plat. Future development will be subject to the City's Tree Preservation Ordinance, and should provide for water quality and quantity controls in compliance with City standards at that time The site is subject to cash park dedications for future development, and cash trail dedication for 6.46 acres (existing L1, BI Bachman's Eagan Addition). ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE' /., of Section 8, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachman's Eagan Addition. 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, BI 2.. The property shall be platted. 3. Future development of the this subdivision (i e parking lot expansion) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development 4 Any future development of Lot I (i.e. parking/ storage expansion) shall construct and maintain a 30-foot wide clear, paved access road within this easement, from Sun Drive to the City property. Planning Report - DG Enterprises September 25, 2007 Page 7 5 Storage shall not be allowed within the ingress/egress easement area on Lot I 6. If a fence is installed with future development, 30-foot wide gates, with City accessibility, shall be provided on both ends of the ingress/ egress easement within the fence. 7- Future development of this subdivision (ie. parking/storage lot or building expansion) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development 8. This development is subject to cash park dedication. Lot 1 shall be subject to additional cash park dedication with any future expansion.of the building. Lot 2 shall be subject to a cash park dedication for any future building expansion or reconstruction- Park dedication shall be payable at the time of building permit at the rates then in effect 9. This development is responsible for a cash trail dedication for 6.46 acres, payable at the time of final plat at the rates then in effect. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 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 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 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. 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 This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. G. 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. Water Quality Dedication 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 Approved: August 25, 1987 LTS#5 STANDARD.CON City Council September 15, 1987 Revised:. July-10, 1990 Revised: February 2, 1993 V Eagan Boundary Right•of•way Parcel Area Location ( ap Park Area ® [ Building Footprint D p U 4 p CSubject Site a © ? ?J LOA a n o n !s o n o c? I^ go Go oo ?? 6 n n 00000 3 " ooooad , L4 I1 q Lo =0 COMM rt0A0740.701•rAtINCC ?00?LC 110R?1 u i- IS „ 4 Gl 1000 0 1000 2000 Feel Development/Developer: DG Welding Application: Preliminary Subdivision Case loo.: 08-PS-09-08-07 Cit of 1ap THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Community Dovolopmont Oopartrnont not respon ihIe or errors or omissions. to `1 Current Zoning and Comprehensive Guide POan Land Use Map Zoning Map P DG Welding First Addition Preliminary subdivision 08-PS-09-08-07 Lol Current Zoning: 1-1 Limted Industrial PF 1.1 1.1 J PD 000 0 000 1x00 Fset 1.1 Comprehensive Guide Plan Ir IN Land Use Map [NO Location HD P P MD Current Land Use Designation: IND IND LD IND QP Limted Industrial LD D IND LD IND AS ti ols _ 2 LE coo o aop rzao reer _ - _ __ City of E p - Pore0I baeo mop Inronaotion providod by Ookota county Land Oorvoy DnpOrbnoOt Docmbnr 2005. Zonln2 InformotiOn maintalnad by city 0t-t1 THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not gunrantee the accuracy of this Information. N }y G 5 71 I Fi { i -?, ?/ Ai?ti Irv ??' ?• t' ??• ?'? .I t - !FG `I 111 +2'?+r lr - r? , - (Y ZN-l Jw rt'_- i x a.. ,•N ? ? s 1 , ;?? ' ,«-.y - 'f }''^ ',r ty+ : F ,+?'1?, 'IFLu9 7rF 1 i 1 Y '!.? ,,.^ 1 j r• ti r =. -;# r? a . L,?? fated ? , J j1 t y qr to 1 m C) m C) .I? C hJ t.a7; rJ ?' ;> r i r I ;rr r I Eg w Nor Q ly Jpar. ? s.a ell, Th / ru rf / t •!? >'j C4r / LCD m z C r7 L Z m rnE_ 4 1i (n n in ul co z 0 Ln sN?x 'v noC a r i aN z c w O 2 rnUJ0 a?0 > ?o 00 0 0C) -L ab? I X?a er'-?Q f I .-cam ?n .a n v. ( ?f' I ?N ? QEe. r (OQ \ Sad / / fl'q ? I+ i3o'o'0? '^bn c Fn-? ,'?t, ??F'G ?i•g Fo •o ado 069 ? r• a ? ? - R & --, PRELIM. PLAT a- ;"?4 ?/ti/1N^? a7/tF I S F9-n Ugh. age 5"Qr \. 0 C) m 0 Z G) 11 U) ---1 D 0 0 _-I 0 Z q? rr t QQ ? \ l ? ? r ? r EW, r •r 1, V, I J ? rfV ? t -30 l ! -1J • L / s? p' / / '•? . apt T i tuT II / i tom) 4 X. S tr :,.'.-. .t -_• _, „?? % " • .iatr 1 ?'?, off, I ` / } •a ?. e / \r h p r O rCT - Cl y 2 1 own 1 log Igo, Ell `p pp o r Cr NY 73 EXISTING CONDITIONS 3265 Sun Drive Eagan, MN 55121 651-688-2358 Fax 651-688-2466 The proposed subdivision, DG WELDING FIRST ADDITION, comprises of a lot line adjustment between Lot 1, Block 1, BACFD ANS EAGAN ADDITION and Lot 1, Block 1, TAN ME INDUSTRIAL PARK. Approximately 2.2 acres will be divided from the BACHMANS EAGAN ADDITION property and added to the TAN ME INDUSTRIAL PARK property. No development of the proposed lots is planned at this time. Therefore, the preliminary site layout, preliminary grading/drainage/erosion control plans, preliminary utility and street plans, preliminary landscape plan, and tree preservation plan will be omitted from the submittal per the City of Eagan. RECEIVED AUG 2 2007 del. STEEL FABRICATORS • STAIRWAYS • RAILINGS - PROTOTYPES • CUSTOM MANUFACTURING HELIARC • WIRE FEED • PORTABLE • PRODUCTION SAWING • REPAIRS In z V Agenda Information Memo November 20, 2007, Eagan City Council Meeting A. PRELIMINARY SUBDIVISION (CLEARVIEW 4TH ADDITION) - RICHARD, ANGELA AND MARTIN DE WITT ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision of .72 acres to create two single family lots for property located at 1820 Beecher Drive in the SE 1/4 of Section 29, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The applicant is requesting approval of a subdivision to create two single family lots. ? The proposed lots meet the subdivision and R-1 zoning district requirements. ? A single family home is present on the northern portion of the site and will remain after subdivision. ? The development density is 2.7 units per acre. ? Access to the new lot is proposed from Blackhawk Road. The driveway access for the existing home is from Beecher Drive and is proposed to remain the same. ? The Advisory Planning Commission held a Public Hearing on October 23, 2007 and is recommending approval. ISSUES: ? A neighbor at the public hearing stated concern with the size of the lots. 120 DAY AGENCY ACTION DEADLINE: November 16, 2007 ATTACHMENTS (2): tb h Draft October 23, 2007 APC minutes on pages 77 Staff report on pagesthrough October 23, 2007 APC Minutes Page 2 of 7 A. Clearview 4th Addition Applicant Name: Richard, Angela & Martin De Witt Location: 1850 Beecher Drive; Lot 6, Block 2, Clearwater Application: Preliminary Subdivision A preliminary Subdivision of .72 acres to create 2 single family lots. File Number: 29-PS-10-09-07 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 12, 2007. She noted the background and history, Vice Chair Chavez opened the public hearing. James Rougier, 1846 Beecher Drive, spoke on behalf of his parents and stated points in the letter submitted by his father that included the uniqueness of the lots in the area and the concern for the noise pollution of their property. Vice Chair Chavez and Planner Thomas explained that the application is consistent with the ordinance requirements for subdivision approval and the City's action must be based on those standards. There being no further public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Heaney moved, Member Filipi seconded a motion to recommend approval of a Preliminary Subdivision (Clearview 4`h Addition) to create two single family lots, on property located at 1850 Beecher Drive subject to the following conditions: 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. A cash dedication in lieu of on-site water quality ponding should be required for this development. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. A vote was taken. All voted in favor. Motion carried: 5-0. 17 PLANNING REPORT CITY OF EAGAN REPORT DATE: October 12, 2007 APPLICANT: Richard, Angela & Martin De Witt CASE: 29-PS-10-09-07 HEARING DATE: October 23, 2007 PROPERTY OWNER: Jerome & Shirley Shelton REQUEST: Preliminary Subdivision LOCATION: 1850 Beecher Drive APPLICATION DATE: Sept. 19, 2007 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R. 1, Single Family Residential SUMMARY OF REQUEST The applicants are requesting approval of a Preliminary Subdivision of .72 acres to create two lots upon property located at 1850 Beecher Drive legally described as Lot 6, Block 2, Clearview, in the SE 1/4 of Section 29. 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. Planning Report - Clearview 4°i Addition October 23, 2007 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause enviromnental 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 property was platted in 1964. The existing home was constructed in 1965. EXISTING CONDITIONS The subject site is one platted parcel and contains a single family home and a shed. The shed is located approximately 16 feet from the rear property line. This shed is proposed to be removed for construction of a new home. The majority of the parcels to the north, south and east surpass the minimum lot size requirement and range from 30,000 - 83,000 square feet in size. SURROUNDING USES 1-1 Surrounding properties to the north, south and east are zoned R-1, Single Family, and guided LD, Low Density Residential. The property to the west is right-of-way, owned by MnDOT and utilized as a Park and Ride facility. ?q Planning Report - Clearview 4t' Addition October 23, 2007 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is surrounded with residential uses to the north, south and east. Blackhawk Road separates the property from a Park and Ride facility to the west. An additional single family home appears compatible with the surrounding area. Densit - The subject site is guided Low Density Residential 0-4 units/acre. The proposed subdivision will result in a density of 2.7 units/acre. The proposed density complies with the Guide Plan. Lots - Proposed Lot 1 is 17,183 square feet and proposed Lot 2 is 14,261 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 lot width. The proposed lots meet these lot requirements. Setbacks - Standard R-l 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 accorranodate the necessary setbacks. Grading/ Erosion Control - The preliminary grading plan is acceptable. The site is lightly wooded and generally slopes to the east. The proposed grades for the new house and driveway on Lot 2 generally match the existing grades. Utilities - The preliminary utility plan is acceptable. The existing house on Lot 1 is connected to the City sanitary sewer and water main system. Existing sanitary sewer and water mains of sufficient size, depth and capacity are available within Blacld-lawk Road for service connection for proposed Lot 2. The sanitary sewer and water main service work for Lot 2 will require the removal and replacement of a portion of the Blacldnawk Road street section. Streets/ Access/ Circulation - The driveway access for the existing house on Lot 1 will remain onto Beecher Drive to the north, and access to Lot 2 is also proposed onto Blackhawk Road to the west. Easements/ Permits/ Right-of-Way - The construction of the sanitary sewer and water services to the proposed house on Lot 2 will require a City permit to work in the right-of-way of Blacldnawk Road. 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 land uses contained in the final subdivision or plat. 90 Plarming Report - Clearview 4"' Addition October 23, 2007 Page 4 Improvement Use Rate Quantity Amount Sanitary Sewer Trunk R1 $1,120/ Lot 1 Lot $1,120.00 Water Trunk RI $1 170/ Lot 1 Lot $1,170.00 Total $2,290.00 Parks and Recreation - This development shall be responsible for a cash park dedication and a cash trail dedication for the newly created lot 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, Block 1. Wetlands/Water uali - Similar to other residential developments, regardless of size, this subdivision will generate additional stonnwater runoff within the City. Because it is small, however, on-site treatment of stormwater for water quality purposes is not reasonable or practical. Nevertheless, in accordance with the policies the City has had in place since 1990, the development is responsible for a cash dedication equal to the cost of the land and pond volume needed to reduce phosphorus export to undeveloped conditions. There are no jurisdictional wetlands associated with this site. SUMMARY/CONCLUSION The subject site is currently developed with a single family home. The applicant is requesting to subdivide the site into two 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 (Clearview 4th Addition) to create two single family lots, on property located at 1850 Beecher 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 El. I , 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. A cash dedication in lieu of on-site water quality ponding should be required for this development. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. STANDARD CONDITIONS OF PLAT APPROVAL A. E. C. 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. Easements and Rights-of-Wa 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. Plans and Specifications 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. 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 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 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 LTS#5 STANDARD.cON September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 93 krm o 0 o I lis He ? off' war I? ? ?'? ? C[?j1 / rj ?O 4 t? O NO. 32 ) CLIFF ROAD) Eagan Boundary Right-of-way Parcel Area 0 Park Area Building Footprint UL1JCJJ mmQ Q n err' 6 C7 ? Q ? p c O 4 ° r?_ Q ti 1000 0 1000 2000 Feet Development/Developer. Clearview 4th Addition Application: Preliminary Subdivision Case No.: 29-PS-10-09-07 N 13 Lf THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eapa W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions- Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: R-1 Residential Single boo 0 600 1200 Font Clearview 4th Addition Preliminary Subdivision 29-PS-10-09-07 Comprehensive Guide Plar Land Use Map Current Land Use Designation: LD Low Density 600 0 600 7200 Feet N Parcel base map information providedby Dakota County Land Survey Department Decmbtr 2005. Zoning information maintained bCCity Staff q W E F City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY S J The City of Eagan and Dakota County do not guarantee the accuracy of this information. ter r >• ti jx? ;r; rJ ?, > t ? h X21 /? ? ??_ r Yl /,i r ? a. ? + ?j?? -jl ?J l 1 n j 1a r l ri ?k r r rig ? ,t ter ? 1' r't a Is ?s Mfr ' s f 4% Ntj K rl S 1 1 r.--,"? (c) Copyright 2006, Pictometry International W 4 11' O 3O0 u m° w U ++ 66 X N EEO _ W= F > o 0 z O Z S a w 1... O Y WZO p z O N N Q LL -1 N V 2 u O U U• aI b' w a-- N ° U .:OF 5 m 4 . -hl Q a q 4 Q m '^ O?'^ ?dm ''SLLO < Z A vi F ? `• N 1 a s N x _ G ` q U ° z ? X a 99 Z V O} o o Em Z B U ? LL p 4 aN z0 z U a m ? a Y:E E ° pOQZ t1 ao U z p-1 + LL J0 U 0 Y U Y U N 0 m ¢w ? a JO ca Z z Wa v H a z a y a aim W U U fD ul Y a m o N 0 o C S up1i ° m z E 0 0 N i 0 S a 0 yj x p Q S .C E a' C a 4 L G N O? W p p W C d O d p N ° a 4 0 0 0 W N : t N 9 u 9 p 9 t 0 V a N 4 ¢an`. i? I q ? Y M1a 9 '1 0 6 rs` f"D a° Q G ? n ; ° 0 0 Z]? 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I :.r o- 4 e b @ T . 4• p ? ?,?' e' 'r tY ,,.?, 'i DD 'Ell E T 9/' ?' q a .A , Z• 4 1 j a 1 1 r• Sd r, DD D9Z 3 DLIZADN _?- s6ulMO)D pap?aaiA)!D iad iaMaS?Rap)!u05 ;:6t'D -?D>•d. c < < < c I I I I I I I I I 1 1 I ( 1 I I 1 I- s6unnwD V - . 8 Al!:) ]ad t0-).m d10 ..9 PRELIMINARY PLAT L/ g? z 5?fi? ceko _5p.a°s a?@ag s`E ??? E$" k t Yb 6gt E t CS? g S° $E.i Y H skpg3 c ? fiat" •F Es ? Z btfi $?I L LO: ifl- 6 $E E'La ? ?F? gk? fi?E frEgs? %? €F ?fl, ?BZS IEa€ _Pzi SEE •$ss sod + •! M ? R ° n d o d • ? T IMOJU P. MCrU "NLLt 'M' ' *S !° 4/135 I^ ?/WS to •'S N. •-_ ~ fro ?gSYry o°E S-L'1 ` v1 1\ 1 1 I I? 1- -I ` N r 1 11 / i> i 4b ? 6 ?y?y6 R Fp R•g: ggqq s?s? @g@ 41 TREE PRESERVATIO F M i II ;=I r? r rC4 a4 w,a arm wy? N PLAN oQ;ba a?? 11 V o aJ°o Boa4 4J?°o a 3 _d n r m n w ??? 'I CYt r Qtr ?.? SbUiMDJU pJOOaa AID lad OIOwaaJDM d1O „9 W ( o I EiQsg sBBS a 6F "_ ;sg?Ss E e .9 NDIL100V M31n2lV3l? ?./\21V31? 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A y °3 --in r I- (n w W O >r, ?rn I z 00•L? l OI i 0 w N 5 CIL 0„0?, Z.OON DO 5Z I I s6u!.xDJO PJOOaa 4110 Jad saoUJaS JaloM PUV 6JOlluog }o uo!looo1 alowlzoJdV > )ed JGM@S /(JDl UDS %6C 'O - DAd„g - - - -- - - - - - - - - - - - _ (salJOA LoM-)0-146!?3) - - - I i \ / I I ! -I YI 1 1 / 1 \ / F -I N / V 1 V I I/ i \ 1 \ / I > / V I \. -I J \ J V woWlj W (L 11J ?_ .. ? m oF 05c o MM 'NLZL '6Z -°aS to b/13S )° P/IMS /o oul7 "M •-.._ % d' O x 00 =cyN 0 D£O0 z LAWo ¢ m3D -1 I i I 1 1 1 1 1 I I 1 1-- MDJ0 PJODey '110 Jed UIDUJ.JGjDM dIO „9 i I I I---I I I I I TREE MITIGATION FLAN :?q (1-2 September 25, 2007 Planning Ms. Sarah Thomas, Planner civii Engineering City of Eagan 3501 Coachman Point Land Surveying Eagan, MN 55122 Landscape Architecture Re: Subdivision of Lot 6, Block 2, Clearview Environmental Dear Ms. Thomas: The following is proposed address your request for written narrative in your letter dated September 21, 2007. There is currently one single family home on the north lot. The proposed subdivision is intended to provide one additional single family home on the south lot in accordance with City Code requirements. The timing of the building on the south lot is dependant on the timing of the approval process and timing of a potential home buyer. The property is on the southeast corner of Black Hawk Road and Beecher Drive. Clearview plat was originally approved by Eagan Township in 1964. The property is adjacent to City right-of way to the north, single family development to the south and east and MNDOT right-of-way to the west (1-35E interchange). Comprehensive Guide Plan Designation: The subject property is designated as "LD, Low Density Residential, 0-4 units per acre" on the Comprehensive Guide Plan Map. Zoning The property is zoned R-1 Residential Single Family, as is the property to the south and east. Property to the north and west is road right-of way and is not zoned, according to the City Zoning Map. Given the Land Use Guide Plan and the purpose of the R-1 Zoning District and the requirements therein, as well as location and service availability, we feel this subdivision meets the requirements for City approval. Sincerely, LOUCKS AS OCI TES ?61 Jared D. Andrews, AICP Senior Planner RECEIVED uE ; 2 20°1; ?® s E , IAT II(liti:?.'. 5I P:wl ? ?jD ? RECEIVED QCT 151.007 iz? t-Ell y GL GC Q t e C eA, Svc'" Cti?/92t?L /L c,44 Agenda Information Memo March 20, 2007 Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (WATERS ANNEX 2ND ADDN.), PLANNED DEVELOPMENT AMENDMENT AND VARIANCES - CSM CORPORATION ACTION TO BE CONSIDERED: To approve a Preliminary Subdivision (Waters Annex 2" a Addition) to create three lots and one outlot upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway, legally described as Lot 1, Block 1 and Outlots A, B, and C, Waters Annex, in the SW 1/4 of Section 1, subject to the conditions listed in the APC minutes. To approve a Planned Development Amendment and to amend the Preliminary Site Plan for Waters Annex upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway, legally described as Lot 1, Block 1 and Outlots A, B, and C, Waters Annex, in the SW '/4 of Section 1, subject to the conditions listed in the APC minutes. To approve Variances to Wetland Buffer requirements of the City's new Wetland Protection and Management Regulations (City Code § 11.67) adopted in July 2007, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Prelim. Subdivision -- Majority of councilmembers present; PD Amendment - At least three votes. FACTS: ? The Waters Annex subdivision was platted in 2006, creating one lot and three outlots. ? The first phase building has been completed on Lot 1 for White House Custom Colour. There is no immediate development of Lots 2 or 3 proposed at this time. ? Future expansion of the building on Lot 1 is anticipated beyond the Preliminary PD approval for 55,000 sq. ft. Thus, the applicant is proposing to adjust lot lines to enlarge Lot 1, correspondingly reducing the size of Lot 2. ? The proposed subdivision also shifts the lot line between Lots 2 and 3 to create a 90° intersection at the shared driveway to Lone Oak Drive. ? Existing easements may need to be vacated to allow future expansion on Lot 1. Several Variances are proposed to the new Wetland Protection and Management ordinance that went into effect in July 2007. These encompass areas where either 1) the wetland buffer is less than 40 feet or 2) the parking setback from the wetland buffer is less than 10 feet. ? To mitigate for these variances, the applicant is providing over 50% more Wetland Buffer than is minimally required. ? The site is subject to cash park and trail dedications for future development, payable at the time of building permit at the rates then in effect. ? The Advisory Planning Commission held a public hearing on October 23, 2007, and recommended approval of the Preliminary Subdivision, PD Amendment and Variances, subject to the conditions in the APC minutes. 60 AND 120 DAY STATUS: Deadlines are Nov. 18, 2007 and Jan. 17, 2008 ATTACHMENTS (2): /f October 23, 2007, Draft APC Minutes, pages - -V `7- Staff report, pages q through October 23, 2007 APC Minutes Page 4 of 7 C. Waters Annex Second Addition Applicant Name: CSM Equities, L.L.C Location: 2840 Lone Oak Parkway; Lot 1, Block 2, Outlot A, B, & C, Waters Annex Application: Planned Development Amendment A Planned Development Amendment to amend the site plan. File Number: 01-PA-12-09-07 Application: Preliminary Subdivision A Preliminary Subdivision of 42.52 acres to create 3 lots and one outlot. File Number: 01-PS-11-09-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated October 17, 2007. She noted the background and history. Clark Wicklund, Alliant Engineering, representing the property owner stated they were in agreement with the staff report and conditions and available to respond to questions. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Planner Dudziak and Assistant City Engineer Gorder responded to a question relating to water quality, wetland buffers and conservation easements. Member Heaney moved, Member Feller seconded a motion to recommend approval of a Preliminary Subdivision to create three lots and one outlot upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway, legally described as Lot 1, Block 1 and Outlots A, B, and C, Waters Annex, in the SW %4 of Section 1 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 and B4 2. The property shall be platted. 3, A Final Landscape Plan will be required for each lot at the time of Final PD or building permit. The Final Landscape Plan should comply with the City's landscape ordinance, and utilize similar materials and design elements as have been established with the initial construction on Lot 1. 4. The developer shall be responsible for an easement vacation, prior to an applicable building permit on Lot 1. 5. The developer shall provide a reciprocal ingress/egress easement in a form acceptable to the City Attorney. 6. This development shall be subject to Wetland Protection and Management Regulations (City Code 11.67). 7. The developer shall provide a conservation easement in a form acceptable to the City Attorney over all Wetland and Wetland Buffer areas. 8. The Variances from Wetland Buffer requirements totaling six minor occurrences must be approved separately by the City Council, with more than the minimum required Wetland Buffer area included in the required conservation easement to mitigate for the Variances. 9. This proposal shall be subject to a cash parks dedication, payable at the time of building permit at the rates then in effect. 10. This proposal shall be subject to a cash trails dedication, payable at the time of building permit at the rates then in effect. 9.5 October 23, 2007 APC Minutes Page 5 of 7 A vote was taken. All voted in favor. Motion carried: 5-0. Member Filipi moved, Member Heaney seconded a motion to recommend approval of Variances from Wetland Buffer requirements totaling six minor occurrences where there is either 1) less than 40 feet of Wetland Buffer or 2) less than 10 feet of setback from a parking area to the Wetland Buffer, for the proposed Waters Annex 2nd Addition upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway in the SW 1/4 of Section 1 subject to the following condition: 1. The developer shall provide a conservation easement area over 50% more Wetland Buffer area than is minimally required (201,834 square feet versus 103,376 square feet). A vote was taken. All voted in favor. Motion carried: 5-0. Member Feller moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to amend the Preliminary Site Plan upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway, legally described as Lot 1, Block 1 and Outlots A, B, and C, Waters Annex, in the SW 1/4 of Section 1 subject to the following conditions: 1. The property shall be platted. 2. A Final Landscape Plan shall be required for each lot at the time of Final Planned Development or building permit. 3. This development shall be subject to the City's ordinance standards for screening of mechanical equipment. The effectiveness of proposed screening will need to be demonstrated at the time of Final Planned Development. 4. This PD Amendment is intended to supplement and amend the existing Preliminary Planned Development pertaining to this site. A vote was taken. All voted in favor. Motion carried: 5-0. ?v PLANNING REPORT CITY OF EAGAN REPORT DATE: October 17, 2007 CASE: 01-PS-11-09-07; 01-PA-12-09-07 APPLICANT: CSM Equities, LLC HEARING DATE: October 23, 2007 PROPERTY OWNER: CSM Equities, LLC APPLICATION DATE: September 19, 2007 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak Planned Development Amendment LOCATION: NE corner of Lone Oak Parkway and Lone Oak Drive COMPREHENSIVE PLAN: SA ZONING: PD, Planned Development SUMMARY OF REQUEST CSM Equities is requesting approval of a Preliminary Subdivision and a Planned Development Amendment to create three lots and one outlot and to amend the Preliminary Site Plan, upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway, legally described as Lot 1, Block I and Outlots A, B, and C, Waters Aiuzex, in the SW '/4 of Section 1. The proposal includes several Variances to Wetland Buffer requirements of the City's new Wetland Protection and Management Regulations (City Code § 11.67) adopted in July 2007. 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 Qs Planning Report - Waters Annex 2nd October 23, 2007 Page 2 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. I. 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." Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: Providing greater flexibility in enviromnental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. Vp Planning Report - Waters Annex 2nd October 23, 2007 Page 3 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned conununity. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY The property is currently zoned PD, Planned Development and the 2006 Preliminary PD approval for this site approved four lots consisting of three one-story office/ warehouse buildings and one three-story office building. The Waters Annex subdivision created four parcels, and the property was platted as one lot and three outlots. The first building on Lot 1 has been constructed; the other lots remain vacant. EXISTING CONDITIONS The site contains one existing building. The westerly portion of the site (proposed Lots 1, 2, and 3) has been graded with the initial development on Lot 1. The eastern portion of the site is vacant and was not graded with initial development; it contains a ridge line that is heavily wooded and a wetland area. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Northwest Airlines PD, Planned Development SA-O/S South Office/warehouse PD, Planned Development SA-O/S; SA-BP East Ecolab PD, Planned Development SA-O/S West USPS; Office/warehouse PD, Planned Development SA-BP EVALUATION OF REQUEST Compatibility with Surrounding Area - The PD Amendment proposes no changes to the current use, which is office and office/warehouse. This use is consistent with the Comprehensive Guide Plan Designation and the surrounding area which is developed with similar uses. ?7 Planning Report - Waters Annex 2°d October 23, 2007 Page 4 Densit -- The density of the development is essentially the same and the overall building size is consistent with the Preliminary PD. The Preliminary PD specifies 60% office and 40% warehouse for the westerly three buildings. Lot 2 is now proposed to be 100% office, and Lot 3 shows proof of parking to support 100% office. If both buildings do develop with 100% office use, it will result in a greater intensity than if utilized at the 60%-40% ratio. Lot 1 was previously approved for 55,000 sq. ft. The first phase consisting of 35,880 sq. ft. has been constructed and a second phase of 19,000 sq. ft. is planned (total 54,880 sq. ft.). A future third phase is anticipated, but its size is still unknown. A PD Amendment will be required prior to the third phase of construction for Lot I to amend the Site Plan for that lot. The approved and proposed building sizes are summarized in the table below. The combined difference between the approved and proposed building areas is 19,889 sq. ft. The anticipated third phase of construction for Lot 1 will likely add this much space, although the actual size of such a future addition is not yet known. Lot 1 Lot 2 Lot 3 Outlot A Existing 55,000 sq.ft. 62,000 sq.ft. 44,600 sq. ft. 205,440 sq. ft. Prelim. PD Proposed 54,880 sq. ft. 39,256 sq. ft. 47,575 sq. ft. 205,440 sq. ft. PD Amendment Difference (+ ???? s q. ft.) (120 sq. ft.) (22,744 sq. ft.) 2,975 sq. ft. 0 sq. ft. Lots - The owner of Lot 1 (White House Custom Colour), is acquiring additional land from CSM for further future expansion. The subdivision is proposed to increase the size of Lot I and reduce the size of Lot 2. Also, the lot line and driveway access between Lots 2 and 3 will be shifted slightly to the east, creating a 90-degree intersection with the Lone Oak Drive right-of way. Setbacks/Building Coverage/Green SUace - RD is a comparable zoning district based on the proposed use and the Comprehensive Guide Plan land use designation. The development should comply with setbacks, building coverage and green space requirements established for the RD, Research and Development zoning district. As compared to the existing Preliminary PD approval, proposed building coverage is slightly reduced and overall green space is slightly increased. (11.43% vs. 12.42% building coverage and 59% vs. 57% green space). Landscaping - A revised Preliminary Landscape Plan for Lots 2 and 3 and parts of Outlot A has been submitted to reflect the modifications to the Site Plan. This revised Landscape Plan is acceptable. A Final Landscape Plan will be required for each lot at the time of Final PD or building pen-nit. The Final Landscape Plan should comply with the City's landscape ordinance, and utilize similar materials and design elements as have been established with the initial construction on Lot 1. 98 Planning Report - Waters Annex 2°a October 23, 2007 Page 5 Building Elevations - Revised building elevations for Lots 2 and 3 have been submitted with this proposed PD Amendment to reflect the new building footprints. The proposed elevations utilize more than 65% Class I materials (brick and glass), less than 35% Class II and III materials (rock face block and precast concrete), and 10% Class IV accent materials (metal panels and canopies). The proposed elevations and materials are consistent with the architectural guidelines for RD zoning. However, the applicant should consider more closely matching the White House Custom Colour materials, with a cultured stone base and a brick rather than precast accent band above the windows. Mechanical Equipment - The existing Preliminary Planned Development requires that "all mechanical equipment, either ground or roof-mounted, shall be screened from views from off the site." Subsequent to the approval of this Preliminary PD, the City adopted an ordinance in November 2006 that more specifically outlines the required methods for screening. In particular, rooftop equipment on newly constructed buildings shall be screened by a parapet wall integrated into the construction of the building. With this PD Amendment, this development should be subject to these ordinance standards, and the effectiveness of proposed screening will need to be demonstrated at the time of Final Planned Development. Water Quality - Prior to the City's adoption of the 2007 Water Quality and Wetland Management Plan, this proposed commercial development met City water quality requirements at the time of Preliminary Planned Development approval in 2006. Wetlands - With this new subdivision, the development must meet the City's new Wetland Protection and Management Regulations (City Code § 11.67), which went into effect July 28, 2007. The developer has previously submitted and the City has accepted a wetland delineation report for the site. The developer is not proposing any direct impacts to the wetlands by draining, filling, or excavating. In accordance with City Code § 11.67, the wetlands are classified as Manage .A wetlands, to which the following requirements apply: Permanent Wetland Buffer Minimum (feet) Width ( Vegetative Requirements Protection Requirements Structure Setback 40 or to edge of Native, non- Stormwater treatment All structures must be set 100 yr HWL, invasive practices allowed within back at least 25' from outer whichever is vegetation buffer; maintain 15' Wetland Buffer line; Parking greater minimum Wetland or driveway areas must be Buffer between the setback at least 10' from practice and the outer Wetland Buffer line. wetland. q'7 Planning Report - Waters Annex 2na October 23, 2007 Page 6 The regulations also provide the following (§ 11.67, Subd. 6. B.): Wetland Buffer Flexibility: The City may allow a variance fromn 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 toflter and treat drainage; and/or protecting additional upland to connect to Contiguous Open Green Space and to replace wildlife values. Also, the regulations require the wetlands and their Buffers to be permanently protected through a conservation easement, in favor of the City (Ch. 11.67, Subp. 6.C.). The City expects the developer to be responsible for the land surveying and legal recording of this easement and to have the appropriate global positioning system (GPS) readings of the easement, taken from permanent, imbedded metal pins that could be readily re-accessed for purposes of future signing and inspection. The developer is requesting Variances from Wetland Buffer requirements, per City Code § 11.67, Subd. 6. B., for a total of six minor occurrences. To mitigate for these areas where the proposed development has either 1) less than 40 feet of Wetland Buffer or 2) less than 10 feet of setback from a parking area to the Wetland Buffer, the developer is proposing to include in the conservation easement area over 50 percent more Wetland Buffer than the regulations would minimally require (201,834 square feet versus 103,376 square feet). The APrC reviewed this proposal and the Wetland Buffer Variances at their regular meeting on October 11, 2007 and recommended approval. Grading/Storm Drainage/Utilities/Access - All engineering issues relating to grading, storm drainage, utilities, and access have been addressed with previous development. Easements/Pennits/Right-of-Way - The standard drainage & utility easement dedicated along the previously platted lot line (Lot 1, Blockl Waters Annex) may need to be vacated to allow building on that lot. The developer should be responsible for that easement vacation, prior to an applicable building permit on that lot. Tree Preservation - A Tree Preservation Plan was submitted with the Waters Annex subdivision in 2006, and showed tree removal within allowable limits. No additional tree removal is proposed with this development, and therefore, no tree mitigation is required. Parks and Recreation - This development will be subject to cash parks and trails dedications. Cash park and trail dedications were paid for Lot 1, Block 1, Waters Annex with the construction /610 Planning Report - Waters Annex 2"' October 23, 2007 Paaa 7 of the first phase of the White House Custom Colour building. Park and trail dedications have not been satisfied on the remaining land within this subdivision. Prior to this year, commercial/industrial park dedication rates were based on the net acreage of a site. In 2007, the City's commercial/industrial park dedication rates were modified to be based on the size of the building. As such, future expansion of the building on Lot I should be subject to additional cash park dedication payable at the time of building permit at the rates then in effect. New development on Lots 2 and 3, and future development on Outlot A, also should be subject to cash park dedication payable at the time of building pen-nit at the rates then in effect. A. cash trail dedication will be due for Lots 2 and 3, and for future development of Outlot A, payable at the time of building permit at the rates then in effect. The 2007 rate for trail dedication is $1,251.00 per net acre. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision and a Planned Development Amendment to create three lots and one outlot on 42.5 acres located northeast of Lone Oak Drive and Lone Oak Parkway in the SW 1/4 of Section 1. There is no immediate development of Lots 2 or 3 proposed at this time. Future expansion of the White House Custom Colour facility on Lot 1, Block 1 is anticipated beyond the Preliminary PD approval for 55,000 sq. ft. The APrC is recommending approval of several Variances to new Wetland Protection and Management ordinance that went into effect in July 2007. Existing easements may need to be vacated to allow future expansion on Lot 1. The site is subject to cash park and trail dedications for future development, payable at the time of building pennit at the rates then in effect. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create three lots and one outlot upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway, legally described as Lot 1, Block 1 and Outlots A, B, and C, Waters Annex, in the SW 1/4 of Section 1. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, BI and B4 2. The property shall be platted. 3. A Final Landscape Plan will be required for each lot at the time of Final PD or building permit. The Final Landscape Plan should comply with the City's landscape ordinance, and utilize similar materials and design elements as have been established with the initial construction on Lot 1. 4. The developer shall be responsible for an easement vacation, prior to an applicable building permit on Lot 1. /0/ Plaiming Report - Waters Annex 2°d October 23, 2007 Page 8 The developer shall provide a reciprocal ingress/egress easement in a fonn acceptable to the City Attorney. This development shall be subject to Wetland Protection and Management Regulations (City Code 11.67). 7. The developer shall provide a conservation easement in a fonn acceptable to the City Attorney over all Wetland and Wetland Buffer areas. 8. The Variances from Wetland Buffer requirements totaling six minor occurrences must be approved separately by the City Council, with more than the minimum required Wetland Buffer area included in the required conservation easement to mitigate for the Variances. 9. This proposal shall be subject to a cash parks dedication, payable at the time of building pennit at the rates then in effect. 10. This proposal shall be subject to a cash trails dedication, payable at the time of building permit at the rates then in effect. To recommend approval of Variances from Wetland Buffer requirements totaling six minor occurrences where there is either 1) less than 40 feet of Wetland Buffer or 2) less than 10 feet of setback from a parking area to the Wetland Buffer, for the proposed Waters Annex 2'd Addition upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway in the SW 1/4 of Section 1. 1. The developer shall provide a conservation easement area over 50% more Wetland Buffer area than is minimally required (201,834 square feet versus 103,376 square feet). To recommend approval of a Planned Development Amendment to amend the Preliminary Site Plan upon approximately 42.5 acres located east of Lone Oak Drive and Lone Oak Parkway, legally described as Lot 1, Block 1 and Outlots A, B, and C, Waters Amzex, in the SW 1/4 of Section 1. 1. The property shall be platted. 2. A Final Landscape Plan shall be required for each lot at the time of Final Planned Development or building pen-nit. 3. This development shall be subject to the City's ordinance standards for screening of mechanical equipment. The effectiveness of proposed screening will need to be demonstrated at the time of Final Planned Development. /0a Plaiming Report - Waters Annex 2"d October 23, 2007 Page 9 4. This PD Amendment is intended to supplement and amend the existing Preliminary Planned Development pertaining to this site. lO3 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. O. 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. knq- 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 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 F. G. H. 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. 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. 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. 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 Approved: August 25, 1987 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON / ®s- /Ulp Eagan Boundary Right-of-way Loccaltion Map I Parcel Area n Park Area Building Footprint I o r u Y (` \ tO Subject Site 8"4 TE rRUNK HWY. ND. 55 OI ED. o• Development/Developea a Waters Annex 2nd Addition Application: Prelim. Subdivision and PD Amendment Case No.: O1-PS-11-09-07 and 01-PA-12-09-07 log ?._ N THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Eap W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Devolopment Department not responsible for errors or omissions. 1000 0 1000 2000 Feet Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: PD Planned Development coo 0 600 1200 Foot Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Special Area 600 0 600 1200 Feet Prelim. Subdivision & PD Amendment 01-PS-11-09-07 & 01-PA-12-09-07 Parent base ap information providedby Dakota County Land Survey Department Doomber 2005, Zoning information maintained b1city Staff W E City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY S The City of Eagan and Dakota County do not guarantee the accuracy of this information. 44 zoo Lt' -I i'_jj? z Y ".? ice' _r3 ' '"v.-3F'?C 3w K -q_Y,k t ?p.7 ?`?.a:l. % lftp 1 ?z M-1 all Q Q_ apt lu a dISVrq?ul?r?'y* r r ac f?J_, {JV??? ?? -u y ?-.-,- .? ?? .r Y• r , - .-f??^'? y,l? r? 0111 cT...r wT :. f-'7wa iK .F # '.Adl t i . 1 3 'fir y? MCI ?? -1 I * Ph -r - r] a' 1 x9 T? ,J' ,;, v, y r j ?Yi'lfi IJ R. W 6 s'?^. >r +`"? 'r ti' '? --S + "Sr '?'-+ti"'y1 1 bY3G FI uJl3a s }I a'u f a 1 , , -- e s t i amply ? a,.x "Jim I`? 171 IiBa{ Y oil tan, v 77 "Mow k C'c N 1 H k 1 *-t / °'.??''y 11'' ?d 'I,} t1+ :fix :4 u 7 `?r -`l., r??lA, YA a? '•t t•?7 r ?, c i `IV ? r t P ,?47 f?' f ?+?.?: o { ?1 t?? a . S: • dt.? n . 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Waters Annex 2"d Addition Project Narrative General Description The Waters Annex 2"d Addition project proposes to complete the construction of one of the three remaining Office / Warehouse Buildings conceptually proposed under the Waters Annex Project, and the re-platting of the Waters Annex Addition into Lot 1, Lot 2, Lot 3 and Outlot A of Block 1 of the proposed Waters Annex 2"d Addition. Additional land, taken from Outlot A of the Waters Annex Addition, will be conveyed to the Owner of Lot 1 as part of this proposed subdivision. The remaining portion of Outlot A will form most of Lot 2, of Block 1 of the proposed Waters Annex 2nd Addition. The project site. is part of a previously approved Subdivision Plan, as well as a Preliminary Planned Development. As a result of the minor changes to the building configurations, a Planned Development Amendment is needed before proceeding with any Final Planned Development for any of the remaining lots. The proposed building, and associated improvements, will occur within limits of either Lot 2 or Lot 3, of Block 1 of Waters Annex 2"d Addition. All existing improvements, and any future phases of proposed improvements previously approved by the City, for Lot 1, Block 1, of the Waters Annex Addition, will be located within the limits of the proposed Lot 1, Block 1 of the Waters Annex 2d Addition. The proposed Office Building for Lot 2 will be approximately 39,256 SF, and the proposed Office/Warehouse Building for Lot 3 will be approximately 47,576 SF, and both will be of similar construction to the previous building constructed under the Waters Annex Phase 1 Project. It is not known at this time which of these two buildings will be constructed first; however, upon receiving approval of the Preliminary Subdivision Plan and Planned Development Amendment, CSM will proceed with the Final Planned Development approval process for one of these two lots. Access to Lone Oak Drive for Lots 2 & 3 will be obtained via two shared access entries, of which a reciprocal shared access easement will be granted over the westerly entry allowing the users of Lot 1 full access to Lone Oak Drive. Access to Lone Oak Parkway for Lot 1 will continue to be obtained via the existing access entry, of which a reciprocal shared access easement will be granted over it allowing the users of Lots 2 & 3 full access to Lone Oak Parkway. Parking shall be provided onsite for each of the proposed lots, and complies with City Ordinance. Extensive landscaping consisting of trees, shrubs, and green spaces, is proposed to enhance the site and to provide parking lot screening adjacent to roadways. The proposed Landscape Plan complies with the City Ordinance. 9 RECEIVED SEP 1 2001 3 c) In addition, improvements will include the extension of public and private utilities as needed to provide services to the proposed buildings. The Stormwater Management System for this site has been previously approved and planned for under the Waters Annex Addition. The proposed improvements are generally in keeping with the previously approved plan, and will make use of the previously proposed system with minor modifications to subsurface pipe routings and new locations of additional BMP's such as the proposed infiltration basins. There are three wetlands located on the property. In the interim between the previously approved plans and the proposed Waters Annex 2d Addition Plans, the City adopted a new Wetland Management Plan and reclassified the existing onsite wetlands. The new development takes into account the classification of wetlands FP-7.6 and FP-7.7 as Priority 1 Wetlands. Accordingly, the site was designed using 40' minimum vegetated buffers instead of the previously required 30' averaged width. All other issues regarding the wetlands have remained unchanged and in compliance with current City of Eagan regulations. Comprehensive Guide Plan designation (existing and proposed) The subject property currently has a Comprehensive Plan designation of SA, Special Area #1 - The Waters. The proposed development plan will include construction in keeping with the Comprehensive Guide Plan designation and therefore the Comprehensive Guide Plan designation will remain the same. Zoning classification (existing and proposed) The subject property is currently zoned PD - Planned Development. The proposed development plan will include improvements in compliance with the current zoning and therefore will maintain its current zoning designation of PD. What you want to do; timing/phasing The reason for the PD amendment is to accommodate Whitehouse Custom Colour's future expansion needs by selling them additional land. Also, CSM has modified our site layout to reflect Whitehouse's new requirement. It is CSM's intention to begin marketing the proposed buildings as soon as the preliminary SD and PD amendment is approved in November. If an anchor tenant is secured, it is our intention to begin construction on one of the buildings in 2008. Existing land uses on subject property A portion of the existing land includes improvements completed under the Whitehouse Custom Colour Project for Lot 1 of the Waters Annex Addition, and the existing building is being used as Office/Manufacturing/Warehouse purposes. A portion of the remaining land has been mass graded in preparation for the future improvements depicted on the /-7 / a3 RECEIVED SEP 1 9 2007 proposed Lots 2 & 3 of the Waters Annex 2nd Addition. The area of land in what will be known as Lot 4, Block 1 of the Waters Annex 2nd Addition has been left untouched and in its natural state. Surrounding land uses and zoning within 660 feet Review of the Comprehensive Land Use Plan indicates that the subject area is surrounded by property under the land use designation of SA, Special Area #1 - The Waters, and is consistent with the surrounding land uses. Review of the Zoning Map indicates the subject area is surrounded by properties zoned PD, Planned Development and is consistent with the surrounding zoning. Impact of planned development amendment The reason for the planned development amendment is to allow CSM to sell additional land to Whitehouse Custom Colour, the land owner of Lot 1. Because of Whitehouse's anticipated growth, they have determined that they will eventually need additional land to build a third phase of their development. This requirement has forced CSM to modify the subdivision plan to allow for this expansion land. We believe that this has a positive impact on the City of Eagan as a whole because a thriving business like Whitehouse Custom Colour produces more employment opportunities. The planned development amendment has very little impact on the surrounding property and land uses. The proposed buildings are office and office/showroom and still conform to the original planned development approved uses. The planned development amendment has little impact on the subject property. The building on Lot 2 has been modified to fit into the revised site layout, and the building on Lot 3 is very similar to what was proposed in the original planned development. Furthermore, the planned development amendment does not impact City services such as sewer, water, storm water run-off and roads. The utility plan is consistent with what was approved for the original planned development. The amount of impervious area has not increased so the storm water run-off will not be affected. The road layout is also similar to what was previously approved. Public Benefit The proposed amendment does provide a public benefit to the City of Eagan. The new site layout provides expansion space for a thriving business and ensures that Whitehouse Custom Colour will remain in Eagan for years to come. This allows for increased employment opportunities. RECEIVED SEP 1 9 2000 7 F?I I a? Waters Annex 2nd Addition Wetland Buffer Narrative The proposed design provides for a minimum 40' buffer as averaged surrounding the two wetlands on site which are near proposed development as per current City of Eagan requirements. Construction is not proposed adjacent to a third wetland located on the easterly portion of the site. This project results in no net loss of wetlands. Wetland 1 (FP-7.7) has three minor occurrences where city standards are not fully met. These are illustrated and noted on sheet C-7, Wetland Buffer Mitigation Plan. The first instance occurs on the south end where the parking lot is 2' into the wetlands 40' wide buffer. The second instance is just to the north and east where the parking lot is 4' inside of the 10' buffer setback (6' outside of the actual buffer). The third instance occurs on the east side of the wetland where the parking lot is on the edge of the buffer. This does not meet the 10' buffer setback requirement but is not within the buffer itself. We request a variance for these three areas in accordance with Chapter 11.67, Subpart 6A- Wetland Buffer Flexibility. To mitigate for the three areas listed above, we will create a buffer area of approximately 127,000 square feet surrounding the entire wetland. A standard 40' wide buffer around this wetland would encompass 60,244 square feet, approximately 47% of the area which we have proposed. Wetland 2 (FP-7.6) has three minor occurrences where city standards are not fully met. These are illustrated and noted on sheet C-7, Wetland Buffer Mitigation Plan. The first instance is along the southeast side where the existing road, Performance Drive, lies within the 40' wide buffer zone. This instance meets the buffer setback exemption in Chapter 11.67, Subpart 10, A5-Existing Structures. The second instance is on the west side where the access road is 5' inside of the 10' buffer setback (5' outside of the actual buffer). The third instance is on the north side where a retaining wall is located 7' inside of the 10' buffer setback (3' outside of the actual buffer). We request a variance for these two areas in accordance with Chapter 11.67, Subpart 6A-Wetland Buffer Flexibility. To mitigate for the two areas listed above, we will create a buffer area of approximately 74,834 square feet surrounding the entire wetland. A standard 40' wide buffer around this wetland would encompass 43,132 square feet, approximately 58% of the area which we have proposed. These two wetland and buffer areas will be placed in conservation easements. The easement will be placed around Wetland 1, 6' from the back of curb on the west and south sides, on the north side of the wetland it will run along the property line. On the east side, the easement corresponds with the High Water Level represented by the 100 year storm event. The easement surrounding Wetland 2 will be placed 6' back of curb on the NW and NE sides, and correspond with the property line on the SW and SE sides of the wetland. These easements are depicted on Sheet C-7 Wetland Buffer Mitigation Plan. Buffer protection signs will be placed at intervals of approximately 75' around both buffer areas. The majority of the site area proposed for development will ultimately drain to Wetland 1, which is currently dry most of the time. The proposed design will encourage direct runoff from building roofs as well as overflow runoff of treated water from the storm water ponds to charge the wetland. Storage volumes provided in the ponds and wetlands will control the rate of runoff from the site. Wetland 2 does not have a pipe outlet. The proposed design will allow for maintaining approximately the same tributary area to Wetland 2 as the existing condition. RECEIVED DC-1 0 4 2007 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 20, 2007 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Preparation of Update of Alternative Urban Areawide Review for Redevelopment Area 2. Release of Repurchase Agreement between the EDA and Grand Oak CR, LLC. F. OTHER BUSINESS G. ADJOURN 10?(10 Agenda Information Memo Eagan Economic Development Authority Meeting November 20, 2007 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO OEIS 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 November 5, 2007 EDA meeting as presented or modified. ATTACHMENTS: Minutes of the November 5, 2007 EDA meeting on pages bij MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 5, 2007 A meeting of the Eagan Economic Development Authority was held on Monday, November 5, 2007 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields, Commissioner Tilley 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 President Maguire moved, Commissioner Fields seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 APPROVE MINUTES Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the minutes of the October 16, 2007 meeting as presented. Aye: 5 Nay: 0 OLD BUSINESS There were no Old Business items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT LEASE AGREEMENT TO OPERATE SALES CENTER AT 3935 SIBLEY MEMORIAL HIGHWAY --- DORAN-PRATT DEVELOPMENT Community Development Director Hohenstein discussed the proposed lease agreement with Doran-Pratt to operate a sales center at 3935 Sibley Memorial Highway. Commissioner Fields moved, Commissioner Tilley seconded a motion to approve a lease agreement with Doran Pratt Development to operate a sales center at 3935 Sibley Memorial Highway. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT NEGOTIATION OF AMENDMENT OF NICOLS RIDGE/U.S. HOME DEVELOPMENT AGREEMENT Community Development Director Hohenstein discussed the negotiation of an amendment of the Nicols Ridge TIF Development Agreement. Commissioner Tilley moved, Commissioner Bakken seconded a motion to authorize negotiation of an amendment of the Nicols Ridge TIF Development Agreement between the City and U.S. Home to permit the development of a reduced number of units and transfer the remainder of the property to the City for other redevelopment alternatives. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT - D® N-P TT CORE AREA REDEVELOPMENT CONCEPT PLAN Community Development Director Hohenstein discussed the preliminary core area redevelopment concept plan for the Cedar Grove Redevelopment District that was presented by Doran-Pratt at the October 30, 2007 Special City Council meeting. Commissioner Carlson moved, Commissioner Tilley seconded a motion to approve the Doran-Pratt Preliminary Core Area Redevelopment Concept Plan for the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 CEDAR GROVE REDEVELOPMENT DISTRICT PREPARATION OF UPDATE OF ALTERNATIVE URBAN AREAWIDE ASSESSMENT FOR REDEVELOPMENT AREA Community Development Director Hohenstein recommended this item be continued to the November 20 EDA meeting. Commissioner Bakken moved, Commissioner Fields seconded a motion to continue consideration of authorizing the preparation of an update of the Alternative Urban Areawide Assessment for Redevelopment Area. Aye: 5 Nay: 0 OTHER BUSINESS There was no other business. ADJOURNMENT Commissioner Fields moved, Commissioner Tilley seconded a motion to adjourn the meeting at 7:20 p.m. Date Thomas Hedges, Executive Director 1 &9 Agenda Memo Eagan Economic Development Authority Meeting November 20, 2007 1. CEDAR GROVE REDEVELOPMENT DISTRICT - AUTHORIZE UPDATE OF REDEVELOPMENT AREA AUAR ACTION TO BE CONSIDERED: To authorize preparation of an update of the Alternative Urban Areawide Review for the Cedar Grove Redevelopment Area. FACTS: > In 2002, the City commissioned SRF to prepare an Alternative Urban Areawide Review (AUAR) of the Cedar Grove Redevelopment District. An AUAR is an environmental analysis document, sometimes used in larger, mulit-use developments in lieu of an EAW/EIS process. > AUARs are to be updated every five years, which in the case of Cedar Grove, corresponds to the City's decision to move forward with a revised development masterplan. A Staff has asked SRF to submit a scope of work and estimate of cost for the update. The proposed update would address revised background and assumptions in the a variety of areas, particularly traffic, water resources, solid waste generation and other environmental impacts that would be associated with the revised development plans in the core area and actual development in the surrounding area. The proposed scope of work is priced at $19,100. ATTACHMENTS: Proposal on pages (& through ___J 13D -711 CONSULTING GROUP, INC. ENGINEER S November 16, 2007 P L A N N E R S I DESIGNER S Mr. Jon Hohenstein Community Development Director CITY OF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 SUBJECT: SCOPE OF SERVICES FOR AUAR UPDATE CEDAR GROVE REDEVELOPMENT AREA Dear Mr. Hohenstein: MINNEAPOLIS FARGO MADISON As you have requested, we have prepared a proposal summarizing the work tasks and estimated hours for completing the five-year update to the 2002 Cedar Grove Redevelopment Area Alternative Urban Areawide Review (2002 AUAR). ASSUMPTIONS This scope assumes the following: ® There is no change in the study area boundaries from the 2002 AUAR. IS The update will be for one development scenario (GUAR Update Scenario). The City will provide details of the scenario to SRF. Details include proposed land use and intensity (i.e. number of units, commercial square footage, etc.) and assumed full build-out year. ® The City will provide SRF with available information about changes in existing conditions since 2002 AUAR adoption, including development, infrastructure, site remediation, City regulations and identified environmental resources and/or impacts. The City will provide SRF with available information about previous agency communications, City Council actions, and public input relevant to the Update. ® A summary document will be sufficient for the AUAR Update. The summary document will describe changes in existing conditions, compare the 2002 AUAR Scenario with the AUAR Update Scenario, update potential impact areas (qualitatively or quantitatively, as appropriate, and as described below) and assess the adequacy of the relevant measures provided in the 2002 AUAR Mitigation Plan. www.srfconsulting.c_om One Carlson Parkway North, Suite 150 Minneapolis, MN 55447-4443 1 763.475.0010 Fax: 763.475.2429 An Equal Opportunity Employer 131 Mr. Jon Hohenstein -2- November 16, 2007 SCOPE OF SERVICES The scope of our services, as we understand it, is to perform the following tasks: Task 1: Project Management and Communications Prepare for, attend, and follow-up on two (2) meetings with City. The first meeting will be to gather information about changes in conditions, the AUAR. Update Scenario, and other data and assumptions relevant to update and to discuss schedule. The second meeting will be to review comments on draft AUAR Update and refine the schedule for AUAR Update completion, distribution, and final approvals. Carry out project management activities including internal communications, contract management, and budget monitoring. Conduct on-going communications with City during preparation of AUAR. Update. Initiate communication with appropriate local and state resource agencies to identify issues or questions. Agencies to be contacted include US Fish and Wildlife Service (Refuge); Minnesota Department of Transportation; Minnesota Department of Natural Resources; Minnesota Pollution Control Agency; State Historic Preservation Office; Metropolitan Council; Dakota County; and Watershed Districts. Task 1: 45 hours; $4,600 Task 2: Scenario and Infrastructure Revisions Prepare a table summarizing the 2002 AUAR. Scenario (land use/intensity) versus the AUAR Update Scenario; review with City. Summarize infrastructure improvements implemented to date and proposed infrastructure improvements, based on information provided by City; review with City. Task 2: 10 hours; $900 Task 3: Traffic Operations Conduct an operations analysis for build-out year conditions to determine what improvements are necessary to accommodate the increase in traffic due to the remaining areas of redevelopment. This work takes into consideration previous work done for the City by SRF and documented in the Cedar Grove Redevelopment AUAR Update memorandum dated January 11, 2005 (January 2005 Traffic Memo). The analysis will include the following steps: Mr. Jon Hohenstein -3- November 16, 2007 1. Collect a.m. and p.m. peak hour turning movement counts at the intersection of Cedar Grove Parkway/Nichols Road. The 2005 traffic counts will be used for the following intersections: TH 13/Silver Bell Road Beau D'Rue Drive/Cedarvale Boulevard/Silver Bell Road ® Blackhawk Road/ Silver Bell Road ® Cedarvale Boulevard/Rahn Road ® TH 77 West Ramp/Diffley Road ® TH 77 East Ramp/Diffley Road ® Nicols RoadfDiffley Road 2. Update trips generated in the a.m. and p.m. peak hours and on a daily basis for the remaining redevelopment areas (since January 2005 counts) for one land use scenario based on current ITE trip generation rates. 3. Distribute and assign the a.m. and p.m. peak hour trips generated by the proposed redevelopment to the existing roadway system and street intersections. 4. Update the traffic operations model for build-out year build conditions. Analyze a.m. and p.m. peak hour operations at the key intersections listed in Task #1 for existing and future build-out year conditions. 5. Determine what additional improvements, if any, are needed to accommodate the remaining redevelopment areas with acceptable levels of service. 6. Describe results of the traffic analysis and any recommendations. Identify any changes from previous results or recommendations in the 2005 Traffic Memo. 7. Make revisions as appropriate based on City review and include results in GUAR. Update. Task 3: 50 hours; $5,500 Task 4: Water Resources Conduct a qualitative review of the adequacy of the 2002 AUAR stormwater management analysis and mitigation plan, based on changes in infrastructure, regulations and land use. Task 4: 20 hours; $2,300 F% e7 Mr. Jon Hohenstein -4- November 16, 2007 Task 5: Other Environmental Impacts Review the project sanitary sewer and water use rates for the AUAR Update Scenario, compared to the 2002 GUAR Scenario, to determine if infrastructure capacities are adequate. Update the total quantity of municipal solid waste generated. Review above information and other AUAR issues to assess if any revisions need to be made to the mitigation plan. Review findings with City staff, and if any potential issues are identified, discuss with appropriate agencies via telephone and/or email. (Assumes no agency meetings). Task 5: 16 hours; $1,500 Task 6: Prepare and process AUAR Update Document Summarize findings in AUAR Update summary document. Provide draft copy to City for review/approval. Distribute to 2002 AUAR distribution list. (Assumes SRF attendance at a City Council meeting is not required.) Task 6: 42 hours; $4,000 Expenses Mileage: $100 Printing, postage: $200 Total Expenses: $300 BASIS OF PAYMENT The total cost of our services on this project is estimated at $19,100. The estimated cost is based on the scope of services provided. It is understood that if the scope or the extent of work is adjusted at any time, the project cost will be adjusted accordingly, upon your approval. We propose to be reimbursed for our services on an hourly basis at the approved City rates for actual time expended, for the out-of-pocket expenses (printing, reproduction, etc.) at cost and mileage will be billed at a rate not to exceed the IRS allowance for business miles. Invoices would be submitted on a monthly basis for work performed during the previous month, with payment due within 30 days. Mr. Jon Hohenstein -5- November 16, 2007 NOTICE TO PROCEED A signed copy of this proposal or a separate letter of authorization returned to this office will serve as notice to proceed. If notice to proceed is provided by December 1, 2007, and assuming that the AUAR Scenario is immediately available, we expect work to be conducted according to the attached schedule. We sincerely appreciate your consideration and hope that we may look forward to working with you on this project. Please feel free to contact us if additional information regarding the subject is required. Please let me know if you have any questions concerning our proposal. Sincerely, SRF CONSULTING GROUP, INC. APPROVED (signature) Beth A. Bartz Principal Nancy Frick Senior Associate Attachment cc: Marie, Cote, SRF Consulting Group, Inc. This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. Name Date SRF P07688 2? Agenda Memo Eagan Economic Development Authority Meeting November 20, 2007 2. RELEASE OF REPURCHASE AGREEMENT-GRAND OAK ACTION TO BE CONSIDERED: To approve Release of Repurchase Agreement between the EDA and Grand Oak CR, LLC. BACKGROUND As part of the Grand Oak development, the City acquired the Mary Imre property and subsequently conveyed the same to Grand Oak CR, LLC ("Developer"). Pursuant to MINN. STAT. CHAP. 469, the Developer was required to enter into a repurchase agreement to allow the EDA to repurchase the property if the Developer failed to undertake improvements within a specified time frame. The repurchase agreement was recorded with the Dakota County Recorder on October 18, 2004. The Developer has completed improvements and have requested that the City release its right to repurchase the property. City Staff has determined that the improvements have been constructed and that a release of the repurchase right is appropriate. ATTACHMENTS: Release of Repurchase Agreement, pages/37 through . 13?2 Drafted by: ) Janet A. Lindeman ) DLA Piper US LLP ) 203 N. LaSalle, Suite 1900 ) Chicago, Illinois 60601 ) SPACE ABOVE FOR. RECORDER'S USE RELEASE OF REPURCHASE AGREEMENT Assessor's Parcel No. 10-30804-010-01 Legal Description: See Exhibit A attached hereto (the "Property"). Grand Oak CR LLC, a Delaware limited liability company ("Developer"), entered into that certain Repurchase Agreement with the Eagan Economic Development Authority, a Minnesota municipal corporation (the "EDA"), dated August 3, 2004 and which was recorded with the Office of County Recorder of the County of Dakota, Minnesota as Document No. 2259076 on October 18, 2004 (the "Repurchase Agreement"). The EDA has determined that all of the obligations of Developer as fully set forth in the Repurchase Agreement have been fully and satisfactorily completed, and EDA hereby fully releases said Repurchase Agreement with respect to the Property, including, without limitation, the repurchase right therein. EXECUTED this day of , 2007. EDA: EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: By:. Mike Maguire, President Thomas L. Hedges, Executive Director [notary blocks on next page] CHG02\40216787.3 ?3? (Notary Blocks to the Release of Repurchase Agreement) STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this - day of , 2007, by Mike Maguire, the President of the Eagan Economic Development Authority, a Minnesota municipal corporation ("EDA"), on behalf of the EDA. WITNESS my hand and official seal: STATE OF MINNESOTA ) ) SS COUNTY OF DAKOTA ) Notary Public The foregoing instrument was acknowledged before me this - day of , 2007, by Thomas L. Hedges, the Executive Director of the City of Eagan Economic Development Authority, a Minnesota municipal corporation ("EDA"), on behalf of the EDA. WITNESS my hand and official seal: Notary Public CHG02\90216787.3 138 EXHIBIT A LEGAL DESCRIPTION The land is situated in the County of Dakota, State of Minnesota, and is described as follows: LOT 1, BLOCK. 1, GRAND OAK FIVE, according to the recorded plat thereof. CHG02\40216787.3 137 Agenda Information Memo Eagan Economic Development Authority Meeting November 20, 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. 14?