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04/07/2009 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING APRIL 7, 2009 6:311 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE I ll. ADOPT AGENDA Ill. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES P t:k B. PERSONNEL ITEMS R 13 C. APPROVE Check Registers p I4 D. SET Public Hearing Date for May 5, 2009 to Certify Delinquent False Alarm Bills PIS E. SET Public Hearing Date for May 5, 2009 to Certify Delinquent Weed Cutting Bills p t(o F. ACCEPT an MRAC Grant for $3,000 from the Metropolitan Regional Arts Council for summer arts programming I G. SET Public Hearing Date for May 5, 2009 to Certify Delinquent Utility Bills If? H. APPROVE Resolution Authorizing Partial Redemption of the 2002A Series and 2004A Series Improvement Bonds SAD 1. APPROVE Tree Maintenance Contractor Licenses for Miller Tree Service, Family Tree Service, and Aspenwall Tree Service J. AUTHORIZE Submittal of Wetland Bank Application for Wandering Walk Park and 30-Day Public Comment Period K. RECEIVE Preliminary Assessment Roll and Schedule Public Hearing (May 5, 2008) for Project 951 (South Dodd Road - Sanitary Sewer Improvements) I~ &_7 L. RECEIVE Preliminary Assessment Roll and Schedule Public Hearing (May 5, 2008) for Project 952 (Boulder Lakes - Street & Utility Improvements) QOkg W RECEIVE Bids and Award Contract 09-02 (Citywide Street Overlay Improvements) N. Removed P O: RECEIVE BIDS and Award Contract 09-09 (Sanitary Sewer Lining/Renovation -Trunk Improvements) 33 P. APPROVE Access Agreement (Valley Acres & Public Works Maintenance Yard) P, Efa Q. APPROVE Plans & Specifications and Authorize Advertisement for Bids on Contract 09-10 (Yankee Doodle Road/Yankee Drive & Cliff Lake RoadlRahncliffe RoadlRahn Road - Street Overlay & Streetscaping Improvements) R. Approve an Easement Agreement for Project 719 (Diffley Road & Rahn Road - Intersection/Roundabout Improvements) S. Direct Staff to Revise Standard Conditions of Plat Approval. p ►1 T. APPROVE Minnesota Investment Fund Loan Agreement- Biothera U. APPROVE Consulting Contracts for City Services on private property for Lawn Mowing, Refuse Removal, Securing Vacant Buildings and General Maintenance °P._S-0 V. APPROVE a Contract with Vanco Services to Process Fitness Membership Payments W. ACCEPT a Donation from City & County Credit Union for the 2009 Market Fest V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS A. CONDITIONAL USE PERMIT- Linder's A Conditional Use Permit to allow outdoor sales of plants located at 1646 Diffley Road on Lot 4, Block 1, Diffley Plaza in the NW % of Section 28. °tL B. PLANNED DEVELOPMENT AMENDMENT - Bachman's A Planned Development Amendment to allow r outdoor sales of plants located at 1299 Promenade Place on Lot 9, Block 2, Eagan Promenade in the SE V4 of Section 10. Vlll. LEGISLATIVE 1 INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY IPp A. CALL TO ORDER ~ B. ADOPT AGENDA C. CONSENT AGENDA D. OLD BUSINESS E. NEW BUSINESS iP f D,► 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Request for Extension of Development Timeframe for Blue Gentian Corporate Center 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Check Point and Update on Revised Preliminary Concept Plan for Phase I of Core Area Redevelopment F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT AMMbL- City of EaRan TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 3, 2009 SUBJECT: AGENDA INFORMATION FOR APRIL 7, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 7, 2009 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 7, 2009 Eagan City Council Meeting CONSENTAGENDA 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 fiom the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE AUNUTES ACTION TO BE CONSIDERED: To approve the minutes of the March 16, 2009 regular City Council meeting, minutes of the March 10, 2009 and March 24, 2009 Special City Council meetings as presented or modified. ATTACHMENTS: • Minutes of the March 16, 2009 regular City Council meeting are enclosed on pages through S' . • Minutes the Marcia 10, 2009 Special City Council meeting are enclosed on pages L Q through. . • Minutes of the March 24, 2009 Special City Council meeting are enclosed on pages through. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 16, 2009 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Monday, March 16, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Tilley, Bakken and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohensteln, City Planner Mike Ridley, Public Works Director Tom Colbert, and City Attorney Mike Dougherty. AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 RECOGNITIONS AND PRESENTATIONS There were no recognitions or presentations. CONSENT AGENDA City Administrator Hedges noted that an item is being added as P under the Consent agenda. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the March 3, 2009 regular City Council meeting as presented. B. Personnel Items. (There were no personnel items to be considered.) C. It was recommended to ratify check registers dated March 5, 2009, and March 12, 2009 as presented. D. It was recommended to approve 2008 budget adjustments related to police security for the Republican National Convention and consultant costs for the Comprehensive Plan update. E. It was recommended to authorize the City Attorney to initiate collection efforts against responsible parties for debts incurred to the City related to improvements made to 1285 Corporate Center Drive. F. It was recommended to receive the Final Assessment Roll for Project 905R (Lebanon Hills Regional Park 1 Long Acres - Trunk Storm Sewer Improvements) and schedule a public hearing to be held on April 21, 2009. G. It was recommended to approve a Traffic Control Signal Agreement with the Dakota County for traffic signals along Yankee Doodle Road and Pilot Knob Road and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve an agreement with Dakota County and Inver Grove Heights to conduct a regional roadway system visioning study of the northeastern Eagan, northwestern Inver Grove Heights, Mendota Heights and Sunfish Lake area, and authorize the Mayor and City Clerk to execute all related documents. 1. It was recommended to approve a Joint Powers Agreement with the Dakota County Transportation Department for the construction and maintenance of Contract 90-12 (Diffley Road and Rahn Road Roundabout Street and Trail Improvements) and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve an Amendment to the existing Joint Powers Agreement tJPA) with Dakota County to provide maintenance services on City owned and operated traffic signals. U City Council Minutes March 16,2009 Page 2 K. It was recommended to approve Change Order #1 to Contract 08-07 (Lexington I Diffley Tank Reconditioning) and authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to award Contract 90-01 (Citywide Street Improvements) and the alternate bid to Bituminous Roadways, Inc., for the base bid amount of $1,707,134.50 and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve a new Lease Agreement between the City of Eagan and St. Croix Harley Davidson. N. It was recommended to approve an agreement with the Minnesota National Guard, allowing Eagan Police Officers to train at Camp Ripley from April 20 24, 2009. 0. It was recommended to accept a German Shepherd canine from the Eagan Citizen's Crime Prevention Association (ECCPA) for police use. P. It was recommended to approve the off-sale liquor license for Mayjune Corporation dba K-Liquor, 1274 Lone Oak Road. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no old business items. NEW BUSINESS There were no new business items. LEGISLATIVE 1 INTERGOVERNMENTAL AFFAIRS UPDATE There were no items to be discussed. The regular City Council meeting was recessed at 6:35 p.m. to immediately convene a meeting of the Economic Development Authority. The regular Council meeting was reconvened at 8:05 p.m. ADMINISTRATIVE AGENDA City Administrator Hedges noted that an Executive Session would be held to discuss Comcast in regard to ETV and an update on negotiations for acquisition of a fire station parcel. Councilmember Tilley discussed a recent violation by the MVTA of the Open Meeting Law. She also stated that she wished to rescind her resignation as the City of Eagan's representative to the MVTA. There were no other Councilmembers that wished to reconsider their previous action to accept Councilmember Tilley's resignation. City Administrator Hedges discussed recommendations by the Broadband Ad Hoc Committee regarding possible 2009 12010 deliverables and priorities. Councilmember Fields moved, Councilmember Tilley seconded a motion to receive information from the Broadband Ad Hoc Committee and, 1) direct staff to expedite performance of a due diligence study regarding a co-location facility; and 2) authorize retaining Andrew Cohill to assist the City in preparation of the necessary paperwork for a grant application to seek stimulus money. Aye: 5 Nay: 0 City Council Muiutes March t5, 2009 Page 3 f li VISITORS TO BE HEARD Racelle Platter, representing Trinity School, requested consideration of a temporary liquor license for the school's annual gala event to be held on April 4. It was the consensus of the Council to schedule a special meeting to consider the temporary liquor license due to required licensing procedures, including a background investigation that must be conducted. Councilmember Tilley moved, Councilmember Bakken seconded a motion to schedule a special City Council meeting to be held on March 24, 2009 at 5:30 p.m. to consider an application by Trinity School for a temporary liquor license. Aye: 5 Nay: 0 ADJOURNMENT Councilrnember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:20 P.m. Date Administrative Secretary I Deputy Clerk MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 10, 2009 5:30 P.M. EAGAN ROOM EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Tilley, and Hansen. City staff present: City Administrator Hedges, Administrative Intern Kline, Director of Administrative Services VanOverbeke, Community Development Director Hohenstein, Fire Chief Scott, Chief of Police McDonald, and Communications Director Garrison. 1. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. City administrator Hedges indicated there were no changes to the agenda. Councilmember Fields moved; Councilmember Bakken seconded a motion to adopt the agenda. Aye: 5, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. DAKOTA COMMUNICATIONS CENTER UPDATE City Administrator Hedges welcomed DCC executive director Kent Therkelsen to the meeting. Executive director Therkelsen gave a brief history of the consolidation of dispatch centers throughout Dakota County and the formation of the Dakota Communications Center. The center has been operating for one year and the director is taking the opportunity to visit and update all .the cities involved with the center. Director Therkelsen highlighted the DCC objectives and noted particular 2008 service facts. Discussion also focused on the 2009 budget which the city of Eagan contributed $1.24 million dollars to. Funding to the center is based on the call volume that originates from each participating city. Eagan has the largest call volume. Director Therkelsen identified where budget money is spent within the center and also mentioned the 2010 budget. Director Therkelsen dialogued about capital expenditures that had an impact on the city of Eagan. In particular, the real time view of police and fire vehicles (AVL) and the soon be installed community notification system (better known as reverse 911). Councilmember Bakken inquired about both capital expenditures and was informed by Director Therkelsen that only the fire vehicles in Eagan had the capability of the AVL system. He also indicated that the city would be able to use the community notification system in the same way as they use their current emergency response system. Special City Council Minutes March 10, 2009 Page 2 Mayor Maguire thanked Director Therkelsen for coming to the city and providing the update. IV. PRESENTATION ON SUSTAINABIILITY CONCEPTS City Administrator Hedges welcomed Ileather Worthington to the meeting. Administrator Hedges pointed out that one of the 2449- 10 goals for the city revolved around the sustainability issue. Heather, the Assistant City Manager for Edina, gave a brief overview on what sustainability means to local government and a presentation on the sustainability programs that are currently being implemented in the City of Edina. .[-leather reviewed the board and commission structure that operates the City of Edina's sustainability program. The City Council inquired about the timeline from the conception of the program to the time results are seen. Heather indicated that with the education and coordination needed to run the program, a period of one year could be expected before results would start to be seen. Heather provided the City Council with an extensive list of Minnesota organizations involved with sustainability activities. She discussed the need to not only work with these organizations but also to communicate with businesses and residents alike in order to get the community to buy into sustainability programs. Heather mentioned that such programs can sometimes be a tough sell. Mayor Maguire thanked Heather for coming and speaking to the Council. V. CEDAR GROVE CONCEPT PLAN UPDATE AND PHASE I PLAN OVERVIEW City administrator Hedges introduced the item and asked Community Development Director Hohenstein to provide additional background of the Cedar Grove Development: and Phase I preliminary concept plan. Director Hohenstein described the purpose for the district, the progress that has been made since its formation, the set of principles that make up the vision for the area and the challenges the current economy presents for implementing new development anywhere in the country, but especially in redevelopment districts. Kelly Doran, the city's current development partner, discussed the revised conceptual development plan regarded as Phase I. Phase I would include two hotels, an apartment building, and a senior living complex located in the eastern portion of the district. He indicated that the proposed phase would permit the developer to move forward with three market supportable segments of the conceptual master plan, while retaining a contiguous area in the western portion of the development for future development of other segments. The city council expressed interest: in the features shown in the plan and discussed foreseeable issues to be addressed if the revised plans were to move forward to a formal development application. 1. Smaller amount of retail and/or commercial space in the first phase of the development than shown previously. While the hotel in the eastern portion of the site replaces some of the retail space previously envisioned there, the Council expressed an interest in pursuing additional retail in future phases. Special City Council Minutes March 10, 2009 Page 3 2. Lack of affordable housing in the first phase. Mayor Maguire pointed out that the city's target goal was 20% of the units within the area. The Developer indicated that the financing that is currently available for apartment development requires market level rents to cash flow. He stated that financing programs that underwrite affordable rental units are not available in the current market. 3. Extent of gray field in the proposed layout. The Mayor noted that the plan at concept level appears to have a substantial amount of parking and hard surface area and asked that the developer look for ways to implement low impact development strategies on the project. 4. Lack of detail regarding pedestrian connectedness around and among the buildings within the development. Director Hohenstein indicated that pedestrian connections and walkable streetscapes are required by the zoning district and it would be necessary to show those at a greater level of detail once development applications are prepared. Mayor Maguire inquired about available financing for the project. Director Hohenstein discussed the financing perspective of Phase 1. I Iohenstein discussed the need to perform additional pro-forma analysis to determine the financial feasibility of the Phase I development. Councilmember Bakken raised concerns about the long term T1F district viability if a Phase I were not to move forward. The Mayor stated that the council, while maintaining they had concerns, is excited about the prospect of the first phase and is eager to move forward with the concept and take the first step in the redevelopment process. City council indicated that it supported the process to move forward and that the Phase I plan could be brought to the next city council meeting for formal action. VI. DISCUSSION REGARDING 2009 BUDGET ADJUSTMENTS AND 2010 & 2011 BUDGETING City administrator Hedges introduced the item and provided a background on the budget over the next two years. He indicated that one of the council's goals was to maintain the city's fiscally responsible budgeting approach. Administrator Hedges further stated that the council was moving from a goal setting scenario to a workshop scenario where they will start implementing their goal by creating a prudent budget in the face of revenue changes, The city council dialogued about possible options if the need arises to cut expenditures. Administrator Hedges talked about the police vacancies (2) that are currently occurring in Eagan. These two positions need to be filled to fulfill the current contract. However, any further retirements that occur would not have to be filled therefore becoming a possibility for an expenditure cut. City administrator Hedges welcomed the City's primary labor attorney, John Roszak, to talk about wages, contracts, and law issues. Attorney Roszak fielded questions from the city council concerning wage contracts with city employees and offered advice on what can and can't be done in regards to contracts. Special City Council Minutes Match 10, 2009 Page 4 City council reiterated the need to move forward by working on the current budget while keeping the fiscally responsible budget goal in mind. VII, MVTA UPDATE/GENERAL DISCUSSION Mayor Maguire introduced the item and asked City Attorney Dougherty to provide a background of the MVTA joint powers agreement and the bylaws associated with the transit authority. City council discussed the possible need to review the joint powers agreement/bylaws and decide if changes may be desired. VII. OTHER BUSINESS None to be heard. V. ADJOURNMENT Councilmember Fields moved; Councilmember Bakken seconded a motion to adjourn the meeting at 9:47 p.m. Aye: 5, Nay: 0 MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, MARCH 24, 2009 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councihnembers Bakken, Fields, Tilley and Hansen. City staff present: Assistant to the City Administrator Miller, City Clerk/Administrative Services Coordinator Petersen and Superintendent of Streets and Equipment Stnrve. 1. ROLL CALL AND ADOPTION OF AGENDA Assistant to the City Administrator Miller noted that Director of Public Works Colbert had requested an addition to the agenda as follows: 800 MIT Radio Grant Authorization. Mayor Maguire also added Visitors To Be Heard following the Adoption of the Agenda. He further said that he would like to discuss the drafting of a letter to the Association of Eagan Liquor Stores. Councilmember Baleen moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. CONSIDERATION OF TEMPORARY ON-SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR TRINITY SCHOOL AT RIVER RIDGE FOR A SPRING GALA EVENT ON APRIL 4, 2009 City Clerk/Administrative Services Coordinator Petersen noted that the applicant had presented this item to the City Council at their March 16 regular Council meeting. She further noted that the applicant had not submitted the application to staff prior to that meeting; therefore, it had been directed back to staff for review. Since the event was scheduled to occur prior to the next regular Council meeting, the Council had scheduled a special City Council meeting for the purpose of considering this matter. The applicant was not present at the meeting. Mayor Maguire stated that staff should communicate with the applicant that future applications should be processed with staff in a timely manner so as to avoid the need for special accommodations. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the temporary on-sale liquor license and waive the license fee for Trinity School at River Ridge for a spring gala event on April 4, 2009. Aye: 5, Nay: 0 1~ Special City Council Minutes March 24, 2009 Page 2 IV. 800 MHZ RADIO GRANT AUTHORIZATION Superintendent of Streets and Equipment Struve introduced the item and noted that staff was recently informed that Eagan is eligible to receive up to $32,310 in grant funds for the purchase of radios compatible with the 800 MHz radio system. He added that this grant requires a local match of $8,100 and the combined funds will in turn allow the City to purchase 24 radios. He stated that Motorola has announced a stimulus sale through March 31 that would result in further savings of $4,800 resulting in the ability to purchase additional radios. Councilmembcr Tilley moved, Councilmember Hansen seconded a motion to approve the results of the Radio Communications Study, authorize an adjustment to the 2009 Utility Enterprise and Equipment Revolving Fund budgets, approve a grant agreement with the Metropolitan Emergency Services Board and authorize the Mayor and City Clerk to execute all related documents. Aye: 5, Nay: 0 V. OTHER BUSINESS Mayor Maguire referenced the letter sent to the Council by the Association of Eagan Liquor Stores requesting the Council enter into a dialogue about the number of off-sale liquor licenses in the City. He stated that he would like the Council to direct the preparation of a letter in response to this correspondence informing the association of the correct procedure for placing an item on a Council agenda. He noted that although the association referenced a petition that has been circulated regarding this matter, the petition itself does not carry any procedural weight. He said that in order for an item to be considered by the Council two Councilmembers must request it be placed on an agenda or if an off-sale liquor application is submitted by an applicant, the public may comment on the application at the Council meeting. Councilmembers concurred with directing the preparation of a letter and requested an opportunity to review it prior to it being sent. VI. ADJOURNMENT Councilmembcr Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 5:40 p.m. Aye: 5, Nay: 0 Agenda Information Memo April 7, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Water Resources Specialist ACTION TO BE CONSIDERED: To approve the hiring of Gregg Thompson as Water Resources Specialist. Item 2. Seasonal Park Maintenance Workers- ACTION TO BE CONSIDERED: To approve the hiring of David Gunther, Paul Andrew, Mike Hopkins, Abraham Seiz, Tyler VonDeLinde, Marc Cierzan, Jeffrey O'Donnell, Travis Brown, Samuel Sciz, Jason Wheeler, Brian Hopkins, Daniel Strcefland, Nicholas Mested, Ryan Wall, Jennifer Schoenecker, Matthew Steele, Cody Johnson, Matt Bailey, Katelyn Lutovsky and Kyle Stevenson as seasonal park maintenance workers. ~a Agenda Info nation Memo April 7, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated March 19, 2009 and March 26, 2009 as presented. ATTACHMENTS: • Check registers dated March 19, 2009 and March 26, 2009 are enclosed without page number. Agenda Information Memo April 7, 2049, Eagan City Council Meeting D. SET PUBLIC HEARING DATE FOR MAY 5, 2009 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 5, 2009 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi-annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. ➢ The City currently has l l delinquent accounts in the amount of $2,420. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): Agenda Information Memo April 7, 2009, Eagan City Council Meeting E. SET PUBLIC HEARING DATE FOR MAY 5, 2009 TO CERTIFY DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To set a public hearing for May 5, 2009 to consider the final assessment of the delinquent weed cutting bills and certify then to Dakota County for collection with property taxes. FACTS: ➢ Can a semi-annual basis, the City reviews and considers delinquent weed cutting balances for certification to property tax statements for collection. ➢ The City currently has 10 delinquent accounts in the amount of $2,504.22. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): l~ Agenda Memo April 7, 2009, Regular City Council Meeting ACCEPT an MRAC Grant for $3,000 from the Metropolitan Regional Arts Council for summer programming. - - ACTION TO BE CONSIDERED: Accept an MRAC grant for $3,000 from the Metropolitan Regional Arts Council for summer programming. FACTS: The Metropolitan Regional Arts Council has granted the City of Eagan Parks and Recreation $3,000 for Community Arts projects. The grant is awarded with a dollar to dollar match, with 25% in cash. • The grant will fund "Art-Be a Part" summer arts programming to include: ■ Art Experience Tent at the Eagan Art Festival. This tent will feature demonstrations and the creation of a community art project. • Eagan Art Festival kids tent to feature kinetic art (art that moves), • Market Fest community art night. In addition to the weekly art activities, this night will focus on art involvement for all ages, • Art classes for Dakota Woodlands adult residents. ■ Celebration of Art, an open house in August at the Eagan Art House. This event will feature a public raku firing, the opening of the 4"' annual Harvest of Art Community Art Exhibit, a pottery sale and hands art activities ATTACHMENTS: None Agenda Information Memo April 7, 2009 Eagan City Council Meeting CONSENT AGENDA G. SET PUBLIC HEARING DATE FOR MAY 5, 2049 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public bearing for May 5, 2009 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi-annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. No attachments l~ Agenda Information Memo April 7, 2009 Eagan City Council Meeting H. Approve resolution authorizing partial redemption of the 2002A Series and 2004A Series improvement bonds. ACTION TO BE CONSIDERED: To approve a resolution authorizing partial redemption of the 2002A Series and 2004A Series improvement bonds. FACTS: • Because a significant number of property owners have prepaid their special assessments, cash balances have accumulated in the 2002A and 2004A Improvement Bond debt service funds. These balances are proposed to be used now to pay down the debt in advance of the due dates to save on interest costs, • The 2002A and 2004A bonds both have provisions to allow for early redemption "call") at any time after February 2009. • Approximately $900,000 is available for partial retirement of the 2002A bonds and $420,000 is available for the 2004A bonds. • Springsted has been engaged to facilitate the early redemption with settlement to occur on May 19. ■ The average interest rate on the 2002A bonds to be called is 3.4%; on the 2004A bonds, it's 3.2%. Currently, if the City were to use the cash balances to purchase investments to the respective bond payment dates, interest rates earned would range from 1.1% to I.7%. Based on these figures, net interest savings to the City by early redemption totals more than $50,000, ATTACHMENTS: • Resolution Calling Bonds for Redemption is attached on page . 1 CITY OF EAGAN RESOLUTION CALLING BONDS FOR REDEMPTION BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as.E'ollows: 1. The City has on deposit in the debt service accounts for its outstanding General Obligation Improvement Bonds, Series 2002A (the "Series 2002A Bonds") and General Obligation Refunding Bands, Series 2004A (the "Series 2004A Bonds") sufficient funds to pay a substantial portion of the outstanding amount of each bond issue. 2. The City shall redeem $885,000 in principal amount of the Series 2002A Bonds on or about May 19, 2009, consisting of the 2012 to 2014 maturities and $290,000 of the 2011 maturity, and shall redeem $415,004 in principal amount of the Series 2004A Bonds on or about May 19, 2049, consisting of the 2011 to 2013 maturities and $105,000 of the 2410 maturity. 3. The City Clerlc shall give notice of such redemptions as required by law and the resolutions authorizing the issuance of the Series 2002A Bonds and the Series 2004A Bonds. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by, Seconded by: Those in favor: Those against: Dated: CERTIFICATION 1, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Counci I of the City of Eagan, Dakota County, Minnesota this day of , 2009. Maria Petersen, City Clerk Agenda Memo April 7, 2008 City Council Meeting CONSENT AGENDA: 1. Tree Maintenance Contractor Licenses for Miller Tree Service, Family Tree Service, and Aspenwall 'T'ree Service ACTION TO BE CONSIDERED: • Approve Tree Maintenance Contractor License for Miller Tree Service, 7131 Corliss Way, Inver Grove Heights • Approve Tree Maintenance Contractor License for Family Tree Service, 8101 66`h Avenue N., Brooklyn Park • Approve Tree Maintenance Contractor License for Aspenwall Tree Service, 1956 Lower 871h St. W. Inver Grove Heights, MN FACTS: • Miller Tree Service, Family Tree Service, and Aspenwall Tree Service have each applied for a tree maintenance contractor license. • All requirements of the applications have been met and fees have been paid. • Staff recommends approval of the licenses. ATTACHMENTS: ■ The applications are available for review in the Administration Department. Agenda Information Memo April. 7, 2009 Eagan City Council Meeting J. WANDERING WALK PARK WETLAND BANK APPLICATION ACTION TO 13E CONSIDERED: Authorize submittal of an application to create a Wetland Bank site in Wandering Walk Park and a 30-day public comment period on the proposed application. FACTS: • Minnesota Board of Water and Soil Resources Rules (MN Rules Ch. 8420.0700 to 8420.0760) provide standards for establishing and administering the state's wetland banking system, as authorized by MN Stats. § 103G.2242. Subject to these rules, a Wetland Bank account holder may deposit or withdraw wetland credits to replace present or future wetland impacts. ■ On May 15, 2002, the City of Eagan established an account in the MN Wetland Bank when it bought 3.5 acres of credits at a 27.5-acre Wetland Bank site in Eureka Township, Dakota County. The City withdrew 1.56 acres of credits on December 31, 2002 to replace wetland impacts associated with creating Central Park Pond. The City withdrew 0.49 acres of credits on June 16, 2003 as an "on-loan" replacement for wetland impacts associated with constructing Hunt Drive to access the Terra, Glenn subdivision near the Central Maintenance Facility. The developer of Terra Glenn has since replaced these credits to the City's Wetland Bank account. Presently, the City has 1.99 acres of Wetland Bank credits. • During a 2003 workshop, the City Council expressed interest in acquiring additional Wetland Bank credits. The 2007 Water Quality and Wetland Management Plan (WQWMP) identifies as a priority to "Complete a wetland assessment in parks and other dedicated open space to identify potential banking and mitigation sites within the City." According to the WQWMP, this is necessary to potentially avoid or reduce "wetland expert" in wetland mitigation situations. City staff completed this inventory and presented for Advisory Parks Commission (APrC) consideration two proposed Wetland Bank sites, one in Bridle Ridge Park and one in Wandering Walk Park. All staff, consultant, and construction costs would be paid through the City's Lakes and Wetlands Program and the Water Quality Capital Improvement Plan. On April 14, 2008, the APrC unanimously agreed to pursue plans for these two locations and recommended the City Council direct staff to prepare a state-required Wetland Bank Plan application for future consideration. ■ On May 6, 2008, the City Council directed preparation of such an application. Additional site analysis since has indicated that soil conditions at Bridle Ridge Park are unfavorable for wetland creation, so staff developed plans only for Wandering Walk Park. ■ At a neighborhood meeting February 26, 2009 at the Daniel and Corinne Thill home, staff discussed the proposed project with residents adjacent to Wandering Walk Park. Despite blustery snowfall, 21 residents attended representing between one-third and one-half of adjacent homeowners, The meeting's purpose was to provide residents the opportunity to guide staffs efforts to propose a plan that would be consented by the neighborhood and would fulfill the City Council's directive. ■ The proposed Wetland Rank site in Wandering Walk Park would provide about 3 acres of credits through berm construction, grading and soil compaction, and stormwater rerouting. • On March 16, 2009, the APrC unanimously agreed to recommend the City Council accept the application and formally request public comment on it. Were the Council to proceed, a 30-day comment period-beyond the 15-day minimum required by state rules-would be provided prior to its formal decision on the application on May 19, 2009. During the public comment period, an interagency wetland technical evaluation panel is required to compile Findings of Fact and make recommendations to the City on the project. Assuming ideal progression of the application, public review, and final approval process, site construction could begin as soon as late July and could be completed as soon as mid September. The proposed application is attached (see Attachment 1). ATTACHMENTS: ■ Wandering Walk Park Wetland Bank Application Exhibits, pager througha,.r 711 MAW -4 `"n 4 _a' r ;<;~z j '4.~ Er f~~rx~ !c~fl. rs`rari f ~fs# kl ~ fir` i `''~."~`i._~^5 :.~4uw.J "C 3 x~a♦♦tsh~'.lT`iR~sl. rm~"~u.--fah.. gr~y^ieq'~rl7'' ~J .f T ` .R+- 317b ph d }L~ 21R F .Jr `C s !}9 Vim{}_ ~n! tw 'ir ] ~ ~ Y4 E l : 4 '4 `5•.Ly"ctt12- ~ ~ s..'.:'. Y'"-~ trYLl~+ I ~Y ~ L 1. '~zG- f~t " ~3-3..E~c... 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S rizr~ij r ~ r 1 x 4 3 r,i. 5 L X r ~ y S~ >t ~ Yrv~-y `rY #,zr s S~ b /'a~ s.r,4 1 L 4 rr/ x .:r. try.` jr v y'a r1r r r r /iS' DAKOTA COUNTY SOIL SURVEY FIGURE 1 CITY OF EAGAN 0 500 WANDERING WALK PARK WETLAND BANK tteein lfeet Bonestroo K,\49\4908147\CAD\Dwg\Part B -Wetland Bank Exhibits\Flg 2 Ws,dwg~ 3 February 2009 s a s Wescott Road \t ! 1 1 ! ! € 1 j t Yt ~ ~ t ~ ^ ,t 1 € 14 i ~ 1111 1t\■ ~ I I t t i l t l!■\ \ 1 ~ f ~ If r1 fF9 ,I \1 I F t 1 t, 1, 1 1 1 ` _ /J /J f 1 r! J~ r~~' ~ti, \1 S 1 tt 11 1 t 1 1 1 [ ~ 1 r ~ \ 1 11 1 1 • t\ 11\ f ` r r r ~ • 1 1 1 1!\ ! 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I1] 3 a A5q$$$~~ y5q m I • , ~a -I ~Ri ~ ~~~~~~i 117- - '!117!1°lllljr N I U~ d r3 ~i 1 ! frr [f+l l3i 1 ~4 1 ! - X133 ~!'r J F -f Jr • 1''1',7 •f3 3 ~ J J `J n EAGAN MINNESOTA 5L a 1 ~s WANDEFUNG wwc Prwx #Banesfiroa i $ vr€Ewmavu smn wi.rx cm H WrAMN PL4i F.v- 851-63EU11 ~ L ~ ...~nan ~~4 Agenda Information Memo April 7, 2009 Eagan City Council Meeting K. PROJECT 951, SOUTH DODD ROAD SANITARY SEWER IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 951 (South Dodd Road - Sanitary Sewer Improvements) and schedule a public- hearing to be held on May 5, 2009. FACTS: Project 951 provided for the public water main, sanitary sewer and lift station improvements to serve the pending Dodd Parkside and Marsh Cove developments, and surrounding area, in southeast Eagan. The improvements were completed as outlined and discussed in the feasibility report. ■ This project, constructed imder Contract 07-07, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ■ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. ■ The final assessments for the properties are equal to the estimate contained in the feasibility report presented at the public hearing held on June 19, 2007. Agenda Information Mann April 7, 2009 Eagan City Council Meeting L. PROJECT 952, BOULDER LAKES/ LONE OAK ROAD - STREET & UTILITY IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 952 (Boulder Lakes/ Lone Oak Road - Street & Utility Improvements) and schedule a public hearing to be held on May 5, 2009. FACTS: • Project 952 provided for the public street & utility improvements to serve the Boulder Lakes Business Park development and the truuik water main improvements along Lone Oak Road (City Project No. 952), in northeast Eagan. The improvements were completed as outlined and discussed in the feasibility report. ■ This project, constructed under Contract 07-04, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. ■ This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. ■ The final assessments for the properties along Lone Oak Road for the water main improvements are equal to the estimate contained in the feasibility report presented at the public hearing held on August 21, 2007, ■ The final assessments for the street & drainage improvements for the Boulder Lakes development properties are approximately 40% more than the estimate contained in the project feasibility report. The owner and developer of the Boulder Lakes development, Interstate Partners, has signed a waiver of objection to the special assessments under this project. a7 Agenda Information Memo April 7, 2009 Eagan City Council Meeting M. CONTRACT 09-02 CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSH)ERED: Award Contract 09-02 (Citywide Street Improvements) to Bituminous Roadways, Inc., for the base bid and the alternate bid for a total amount of $1,026,252.65 and authorize the Mayon- and City Clerk to execute all related documents. FACTS: • The street improvements of o Windtrec Add (City Project 973) o LeMay Lake Ilills/Lunka Add a Marice Dr/Sherman Ct/Norwest Ct (Project 979) (Project 975) o St. Francis Woods Add (Proj 982) o Avalon/Burnside Ave (Project 976) o Grace Drive (Project 1000) o Robin Lane (Project 977) o Pinecrest of Eagan (Project 1002) o Eagandale/LeMay Lake (Proj 978) o Knoll Ridge Drive (Project 1006) are all programmed for 2009 in the City's 5-Year Capital Improvement Program (2009-2013). ■ On December 16, 2008, the City Council authorized the street improvements for Windtree Additions (City Project 973), Marice Drivel Sherman Court/ Norwest Court (Project 975), Avalon/ Burnside Avenues (Project 976), Robin Lane (Project 977), Grace Drive (Project 1000), and Pinecrest of Eagan (Project 1002). ■ On January 6, 2009, the City Council authorized the street improvements for Eagandale] LeMay Lake (Project 978), LeMay Lake I.,unka Additions (Project 979), St. Francis Woods Addition (Project 982), and Knoll Ridge Drive (Project 1006). • Fire Stations 1 & 4 parking lot repair work, as scheduled and approved in the City's 2009 Fire Department budget, is included in Contract 09-02. ■ Needed turf restoration work on Highway 149 (Project 778, Contract 06-01) and driveway repair work at the Galaxie Avenue/ Blackhawk Road intersection (Project 934, Contract 06-05), not covered by warranty requirements for those previous projects and contracts, are also included in the work bid under Contract 09-02. ■ These projects have been combined under one contract (Contract 09-02), to increase economies of scale. On March 3, 2009, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 09-02. • On March 18, 2008, the Council approved the use of best-value solicitation of bids, as allowed by State statutes, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on April 2, formal kids and technical performance proposals from each bidder were received for this project. ■ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Bituminous Roadways, Inc., has been reviewed by the Engineering Division to provide the best value and is in order for favorable Council action. ISSUES: • An alternate bid of $1,686.85 for high-early strength concrete for driveway entrance replacements/ repairs was received. The alternate hid would reduce the amount of time (generally 2 to 3 days) needed for curing the concrete before it gains sufficient strength to accommodate vehicle traffic at cominercial entrances. The additional cost would be the responsibility of the benefiting properties via special assessment in accordance with the City Special Assessment Policy. ATTACHMENTS: ■ Bid Summary, pag~. a RID SUMMARY - CITY CONTRACT 09-02 WINDTREE ADDITIONS MARICE DR/ SHERMAN CTI NORWEST CT PROJECT NO. 973 - Overly PROJECT NO 975 - Ovcrla AVALON AVEIBURNSIDE AVE ROBIN LANE PROJECT NO. 976 - Overly PROJECT NO. 977 - Overlay EAGANDALE/ LEMAY LAKE LEMAY LAKE/ LUNKA PROJECT NO 978 - UvcriaPROJECT NO 979 - Overly ST FRANCIS WOODS GRACE DRIVE PROJECT NO 982 - Uvcria PROTECT NO 1000 - Overly PTNECREST OF EAGAN KNOLL RIDGE DRIVE PROTECT NO 1002 - Overly PROJECT NO 1006 - Overly Biel Date/ Time: 10;30 a.m., Thursday, April 2, 2009 Contractors Total Base Bid Technical Store Adiusted Score* i , Bituminous Roadwa s Inc. 1 024,566 8.86 115,640 2. McNamara, Inc. $1,075,432 9.17 1 17,277 3, Northwest Asphalt, Inc. $1,091,981 8.62 126,680 4. GMHAs halt $1 135,366 5.57 203,836 *Sest-value contracting: Adjusted Score = Total Base laid/ Technical Score 973 $256,833 $314,990 -18.5% $288,358 -10.9% 975 $86,188 $109,250 -21.1% $97,482 -11.6% 976 $129,000 $153,660 -14.1% $141,356 -8.7% 977 $124,685 $173,850 -28.3% $139,981 -10.9% 978 $100,341 $121,820 -17.6% $111,435 -10.0% 979 $89,629 $125,550 -28.6% $102,393 -12.7% 982 $101,717 $122,540 -17.0% $114,097 -10.9% 1000 $14,209 $23,370 -392% $20,765 -31.6% 1002 $45,430 $57,920 -21.6% $53,761 -15.5% 1006 $20,759 $29,460 -29.5% $28,441 -27.0% TH 149 Restoration $21,061 NA $13,740 +53.3% Galaxie Avenue Repair $4,845 NA $4,932 11.8% Fire Station 1&4 $30,677 NA $31,750 -3.4% Totals $1,024,566 $1,232,410 -16.9"/ $1,148,490 -10.8% High- $1,687 NA NA $4,655 -63.8°/x. Early Cancrete G:Projccts.&Contracts109-02Bid Summary Results Agenda Information Memo April 7, 2009 Eagan City Council Meeting 0. CONTRACT 09-09,2009 CITY-WIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Receive the bids for Contract 09-09 (2009 City-Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean & Seal, Inc. for the Base Bid in the amount of $113,750.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The rehabilitation of various existing sanitary sewer pipes throughout the City by the installation of lining was programmed for 2008 in the City of Eagan's 5-Year Capital Improvement Program (2009-2013). • The City Council authorized the sanitary sewer lining improvements of about 5,000 linear feet of existing pipe for various areas within the City with the approval of the Sanitary Sewer Operations and Facilities portion of the 2009-2013 Capital Improvement Program (CIP) and 2009 operating budget. • All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. • At 11:00 a.m. on March 26, 2009, formal bids were received for this prgject. A copy of the bid tabulation is enclosed. • All bids have been reviewed for compliance with the bid specifications and accuracy can unit price extensions and summations. The low bid from Visu-Sewer Clean & Seal, Inc., has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Bid Tabulation, page. • Location Map, page. so LID SUMMARY SEVER LINE RENOVATION FOR CURED IN PLACE PIPE CITY CONTRACT NO. 09-09 Bid Date: Thursday, March 26, 2009 Bid Time: 11:00 a.m. Bidder 5% Bid Price per Foot Total Base Bid Sand 1. Visu-Sewer Clean & Seal Yes $22.75 $113,750.00 2. Insituform Technologies USA Inc. Yes $24.75 $123,750.04 3. Veit Companies Yes $26.50 $132,540.04 4. Lametti & Sans, Inc. Yes $29.00 $145,000.00 5. Low Bid $113,754.04 Budget Amount $155,000.00 Percent Under Budget 27% cc. Charlie Barash Wayne Schwanz Russ Matthys Tam Colbert r r 494 i y f Iinch = 8,059 feet i LONE OAK RD Terminal Dr, Lining zox Robin Ln. Lining'' li€ Y 1 YANKEE DOODLE RD 28 29 i L€rr3anlte Ln, Lining { A. -I L ' r 3 L 1 ` pF , • t1 Q - 1 Sandstone Dr. Lining a C~• l QI C ~Z m z D€FFLEY RD 3U X36 30 Y, . ~ I 1 ~CL€FF4' , CLIF'F Rl7 i r 2009 CIP Work Area -a 2t3i59 Lining L" J City Boundary Gity % - Centerline Parks Dept. of Public Works Created: February 18 2009 K Highways Water Bodies 3 C~ hfapf rinfvm+afrarralpvrpos es only, l~q gn Private Streets 5an8ary_Sewer45anitary'I.SaEl2D03Conin9 x33P nral[~nxd V~tlil ~tlli Agenda Information Memo April 7, 2409, Eagan City Council Meeting P. ACCESS AGREEMENT (VALLEY ACRES & PUBLIC WORKS MAINTENANCE YARD) ACTION TO BE CONSIDERED: Approve the Access Agreement and Right of First Refusal for the Public Works Maintenance Yard and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In 1991, the cities of Eagan and Apple Valley entered into a Joint Powers Agreement providing for the construction and operation of a Police Firearms Training Facility (PFTF) located in Minnesota River Valley at the end of Yankee Doodle Rd. Apple Valley then purchased the land and platted it into Valley Acres. • The JPA obligated the City of Eagan's Public Works Dept. to provide ongoing operational maintenance (plowing, sweeping, mowing, etc) for the access driveway. • In 1995, the City of Eagan acquired the adjacent property to the north of the PFTF through tax forfeiture and gradually developed it into a Public Works Maintenance Yard. The driveway and parking lot for the PFTF was also used for the primary access to the Public Works Maintenance Yard. • Recently, major structural repairs became necessary to the access drive and portions of the parking lot related to both age and many years of heavy truck and equipment traffic by Eagan Public Works. The PFTF didn't have a provision to address the significant costs associated with this structural and life extending maintenance work. • 1n 2007, it was discovered that the City of Eagan did not have legal access to its Maintenance Yard rendering it basically landlocked. Efforts to secure access rights via a plat approval condition to the D.G. Welding Addition (January 15, 2008) resulted in the Council requiring only a temporary access easement for up to 2 years allowing staff to pursue other access opportunities. • Subsequently, an "Access Agreement and Right of First Refusal" was negotiated with the City of Apple Valley whereby a formal easement is dedicated to the City of Eagan over the existing access drive at no cost for as long as Apple Valley owns the property. Eagan will have a "Right of First Refusal" to purchase the property if/when Apple Valley elects to sell it (riot anticipated nor planned). • This agreement also clarifies the cost sharing responsibilities of both the ongoing operational and structural maintenance requirements for the access drive. Apple Valley also agrees to accept their assessment related costs for the overlay of Yankee Doodle Rd. under Project 964. The agreement has already been approved by the Apple Valley City Council on March 26, 2009 and is in order for favorable consideration by the Eagan Council. ATTACHMENTS: • Agreement, pages through ~3 ACCESS AGREEMENT AND RIGHT OF FIRST REFUSAL This Access Agreement and Right of First Refusal ("Agreement") is made r~ OA , 2Qpg by and between the City of Apple Valley, a Minnesota p le Valley") and the City of Eagan, a Minnesota municipal corporation (hereinafter "App corporation thereinafter "Eagan"). Apple Valley and Eagan are collectively referred to as the "Parties." WHEREAS, Apple Valley is the fee owner of certain property located in the City of Eagan, and legally described as: Lot 1, Block 1, Valley Acres (the "Apple Valley Property"); and gan, WHEREAS, Eagan is the fee owner" of certain pro pe ty located t the City 1 ❑ad ht od legally described as: That part of the south /2 of Section lying and way, northwest of Sibley Terminal Industrial Park &Tdran fe~ ~ ed as Parcel- Q-Q11~ 50 st and of Riverpark Office Center, EXCEPT Valley Acres, (the "Eagan Property"); and WHEREAS, Apple Valley and Eagan are parties to a Joint Powers Agreement dated August 26, 1991 (the "Joint Powers Agreement"} governing the ruse of a Firearms Training Facility located on the Apple Valley Property (the "Training Facility"); and WHEREAS, Eagan has for many years used an existing driveway on the Apple Valley Property to access the Eagan Property; and WHEREAS, Eagan has also accessed an existing sanitary sewer manhole on the Apple valley Property to dispose of sanitary sewage; and WHEREAS, the Parties desire to memorialize the terms wilder which Eagan can continue to use the Apple Valley Property for access and f°rde e°rrrs and conditions contained herern~le Parties' respective maintenance obligations, all upon th Whereas, the Parties desire to cooperate effectively and ensure a positive relationship to meet the training needs for each cities' law enforcement personnel. This Agreement is not intended to hinder the existing training arrangement between the Parties. NOW, WHEREFORE, in consideration of the foregoing, the Parties hereby agree as follows : 1. QRANT OF CONDITIONAL ACCESS EASEMENT. Apple Valley hereby conveys unto Eagan a conditional access easement in gross over, under and across the Apple Valley Property as described and depicted on Exhibits "A-1" and "A-2" attached hereto (hereinafter the "Easement Area"). The grant of the foregoing easement includes the right of Eagan, its employees and agents to enter upon the Easement Area for purposes of vehicular access over and across the Easement Area to access the Eagan Property and to perform maintenance duties as specified herein. Apple Valley hereby also grants to Eagan a license to access and use the sanitary sewer manhole located on the Apple Valley Property for purposes of a sanitary transfer station. Eagan agrees to indemnify and hold Apple Valley harmless from any and all claims and liabilities, including any claim by the Metropolitan Council arising out of or relating to Eagan's use of the sanitary sewer manhole. REPAIR AND MAINTENANCE COSTS OF THE EASEMENT AREA. A. Operational Maintenance. Operational maintenance consisting,of clay-to-day maintenance such as snow and ice control, surface drainage, street sweeping and boulevard/vegetation management shall be the sole responsibility of Eagan. B. Structural Maintenance. Structural maintenance consisting of repairs to the roadway or its embankment, including, but not limited to soil stabilization, crack sealing, sealcoating, curb & gutter repair, repair of storm sewer pipes and appurtenances, and pavement patching/repair/overlay and/or replacement shall be the shared responsibility of Eagan (70%) and the balance shall be paid on a percentage basis determined by the population ratios of any city participating in the Training Facility. The percentage shall be calculated by member cities' population in relation to the total population of the member cities combined as determined by the most recent Metropolitan Council population estimate. The pavement condition of the driveway shall be monitored by Eagan and included within their pavement management program. Payment repairs shall be implemented to maintain the driveway to an acceptable condition, consistent with public street standards within Eagan. Eagan shall provide periodic updates to Apple Valley of any anticipated improvements that may be needed to the driveway and the Parties shall include in their respective operating budgets appropriate reserves for any identified structural maintenance. The parties acknowledge that, while maintenance of the Easement Area on the Apple Valley Property is currently addressed in the Joint Powers Agreement, to the extent of any inconsistency between this Agreement and the Joint Powers Agreement concerning the Parties' maintenance responsibilities of this Easement Area, the terms of this Agreement shall control. 2 3. TERMINATION OF CONDITIONAL ACCEss EASEMENT. The grant of the Conditional Access Easement by Apple Valley to Eagan shall terminate upon any of the following events: A. Eagan takes action to prohibit the use of a shooting range on the Apple Valley Property in which case the Easement shall terminate 180 days after the date of Eagan's action. B. Eagan sells or otherwise leases the Eagan Property to any third party. It is acknowledged by Eagan that the easement granted by Apple Valley to Eagan is an easement in gross. C. Apple Valley authorizes the sale of the Apple Valley property in which case the easement shall terminate upon Apple Valley's conveyance of the Apple Valley Property to a third party. '4. GRANT of RIGHT OF FIRST REFUSAL. Apple Valley hereby grants unto Eagan the right of first refusal to acquire the Apple Valley Property. If Apple Valley is the recipient of any prospective bona fide offer relative to the sale or exchange of the Apple Valley Property (or any part thereof), Apple Valley shall notify Eagan in writing of the terms of such offer and Apple Valley's intention to accept such offer and which notice shall set forth the prospective terms and provisions of any prospective bona fide sale or exchange. Eagan shall be entitled, within 60 days of receipt of such notice to deliver a written notice of intent to exercise such right of first refusal. Said written notice of intent to exercise Eagan' s right of first refusal shall include a written acceptance of the terms and provisions of the proposed sale and the Parties. shall use their best efforts and negotiate a Purchase Agreement incorporating substantially the same terns of Apple Valley's proposed sale with the closing to occur within 60 days from the receipt of Eagan's notice of intent to exercise its right of first refusal. Within 15 days of Apple Valley's receipt of Eagann's notice of intent to exercise said right of first refusal, Apple Valley shall provide Eagan, at Apple Valley's sole expense, with an abstract of title or registered property abstract certified to date and including all searches recom vended by the Minnesota Title Standards, Minnesota Bar Association, Real Property Section. Eagan shall have ten days to review and raise objections to the stated title of the premises. Any objections not made within such time shall be considered waived. Apple Valley shall then have 90 days after the date of Eagan's title objections to cure the specified defects and produce marketable title. Apple Valley's inability to provide marketable title shall release Eagan from its obligations to purchase the Apple Valley Property. However, Eagan may exercise the right of first refusal set forth herein whether or not Apple Valley can provide good and marketable title to the Apple Valley Property. 3 In the event that Eagan does not exercise its right of first refusal, Eagan shall execute and deliver to Apple Valley a quit claim deed extinguishing any interest they may have in the Apple Valley Property. 5. NOTICES. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to be given when and if sent by certified mail, return receipt requested, postage prepaid, properly addressed as follows, or such other address as may hereafter be designated in writing by either of the Parties: If to Apple Valley: City of Apple Valley Attn: Public Works Director 7100 West 147th Street Apple Valley, MN 55124 With a copy to: City of Apple Valley Attn: Chief of Police 7100 West 147' Street Apple Valley, MN 55124 If to Eagan: City of Eagan Attn: Public Works Director 3830 Pilot Knob Road Eagan, MN 55122 Witb a copy to: City of Eagan Attn: Chief of Police 3830 Pilot Knob Road Eagan, MN 55122 7. GDVERNTNG LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. 8. DISPUTE RESOLUTION. In the event of a dispute between the Parties arising out of or relating to this Agreement, shall first be presented to mediation. If the matter is not resolved through mediation, then the Parties submit any controversy to the Dakota County District Court or any other court of competent jurisdiction. 4 37 CITY OF APPLE VALLEY 13y; Wan- M H an n Its: Mayor Sy: Pamela J. Gac stetter Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ,Z_~_ day of 2009, by Mary Hamann-Roland and Pamela J. Gackstetter, the Mayor and City Clerk of the City of Apple Valley, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary APub"1ic__' STEPHANIE A. MARSCHALL Notary Public Minnesota 31 MY CaImi on Fx irPs # nu , 2Qi3 S CITY OF EAGAN By: Mike Maguire Its: Mayor By: Maria Petersen Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA } The foregoing instrument was acknowledged before me this day of 2009, 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 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY MOLENDA, P_A. 7300 West 147th Street, Suite 540 Apple Valley, MN 55124 (952) 432-3136 (RB B : 66-28842 206-28 843 ) 6 EXHIBIT "A-I" An ingress/egress easement all located over and across the following property: Lot I, Block 1, Valley Acres, Dakota County, Minnesota. Said easement is 60 feet in width lying parallel to and southwest of Line "A" described as follows: Beginning at the most northerly corner of Lot 11, Block 1, Sibley Terminal Industrial Park, thence northwesterly to a point on the railroad right of way located 414.39 feet northeasterly of the most westerly corner of Valley Acres. Together with an casement 75 feet in width lying parallel to and northwest of the southeast line of Lot 1, Block 1, Valley Acres; said easement to be prolonged or shortened to terminate on the southwest line of Lot l and said Line A. 1 'F l v 1 ! f - i. in 3 fr 3 ~ M 3 a L-~ ~ ~ T 777111 w i LL LI 11] F o ° !j . AZ -w CZ) ~r9'.;; ~ ~•frt;`:;:1 ..cam, ~ ~ y - '.7:_. •Y Yom' ~L _ - 2 F Lzl y y fir `=f~ A_ ~r _ Igo f rs Agenda Information Memo April 7, 2409 Eagan City Council Meeting . CONTRACT 09-10 YANKEE DOODLE RD/ YANKEE DR/ RAI NCLIFFI CLIFF LAKE RD - STREET & MEDIAN LANDSCAPE IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 09.10 (Yankee Doodle Rd/ Yankee Drl Rahncliff/ Cliff Lake Road - Street & Median Landscape Improvements), authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 14, 2009. FACTS: • Contract 09-10 provides for the improvements of: o Yankee Doodle Road/ Yankee Drive (Street improvements, west of Highway 13, City Project 964) o Rancliff/ Cliff Lake Road/ Rahn Road (Street & Landscape Median improvements, Project 981) all as outtined and discussed in the respective feasibility reports for each project. • On March 3, 2009, the City Council held public hearings for Projects 964 and 981. The Council approved the projects, including the landscape median rehabilitation on Cliff Lake Road, and authorized preparation of detailed plans and specifications for the 2009 construction season. • These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed by the City Engineer and are being presented to the City Council for their approval and authorization for the advertisement of bids. Agenda Information Memo April 7, 2009 Eagan City Council Meeting R. PROJECT 719, DIFFLEY ROAD & RAHN ROAD INTERSECTIONIROUNDABOUT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 719 (Diffley Road & Rahn Road - Intersection/Roundabout Improvements) with the owner of Parcel 10- 02000-011-52 (Grace Slavic Baptist Church) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency in partnership with the Dakota County Transportation Department in the reconfiguration of the Diffley Road (CSAH 30) and Rahn Road 4-way stop intersection to a multi-lane roundabout. • The construction of the roundabout at this intersection requires the acquisition of permanent and temporary easements from the adjacent properties. • Appraisals were obtained for all required easements. The appraisal of the easement for said Grace Slavic Baptist's property originally indicated a value of $89,970. Due to construction related impacts not considered in the initial County appraisal (i.e. the loss of parking stalls), the property owner has countered with an offer of $104,250 Based on their own appraisal as an acceptable alternative. This offer has been deemed reasonable by City and County staff. Both agencies will share all easement costs at the standard 45155 ratio. • An agreement between Dakota County, who is processing the easement acquisitions, and Grace Slavic Baptist has been prepared providing for the payment of the acquisition of all necessary easements. ■ Engineering staff' and the Dakota County Right-of-Way Specialist have reviewed this agreement and found it to be in order for favorable Council action. The Dakota County Board will also be considering approval of this casement agreement. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to withhold discussion until the Executive Session. 43 Agenda Information Memo April 7, 2009 Eagan City Council Meeting S. UPDATE STANDARD CONDITIONS CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to initiate an update to the Standard Conditions of Plat Approval. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The City adopted Standard Conditions of Plat Approval in the early 1990's as a way to efficiently convey the array of typical conditions placed on plat (subdivision) approval. The Standard Conditions were last updated in 1997. Changes to the City Code changes have occurred since then, including recent amendments for Surface Water Management and Airport Noise to name two, and staff believes these City Code changes should be reflected in this convenient application tool. ATTACHMENTS: (1) Current Standard Conditions of Plat Approval document on page T5 through STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's 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-0f-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications 1. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 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 Traits 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. C. Water Quality Dedication 1. This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 - ~ September 15, 987 Revised: July 10. 1990 Revised: February 2, 1993 LTS#5 STANDAR€J.CON I~]f Agenda Memo Eagan City Council Meeting Consent Agenda April 7, 2005 T. BIOTOERA MINNESOTA INVESTMENT FUND LOAN AGREEMENT ACTION TO BE CONSIDERED: To approve and authorized signatures of a loan agreement with Biothera regarding terms and use of a Minnesota Investment Fund grant for expansion ofBiothera at 3388 Mike Collins Drive. FACTS: ■ Biothera is an Eagan based Biotechnology company dedicated to improving immune health. Biothera operates two business groups, a pharmaceutical group focused on an immune therapy drug designed to enhance cancer treatment, and a healthcare group focused on commercializing their technology through patented food-grade ingredients. ■ In February of 2009, the EDA formally approved submittal of a Minnesota Investment Fund (MIF) application to the State's Department of Employment and Economic Development (DEED) on behalf of Biothera to provide gap financing for a planned expansion of the company's existing facility in Eagan. ■ In March of 2009, the City of Eagan received notice from DEED that the city's MIF application was approved for an amount of $350,000. The grant will be distributed to Biothera when a loan agreement and related documents are completed. • The City has drafted a loan agreement that the Biothera representatives consider acceptable. The term of the loan shall be seven (7) years with an interest rate of four percent (4 per annum. The loan agreement is available for review upon request. ATTACHMENTS: ■ none Agenda Information Memo April 7, 2009 Eagan City Council Meeting U. CONSULTING CONTRACTS FOR PROPERTY MAINTENANCE SERVICES FOR 2449 - CODE ENFORCEMENT ACTION TO BE CONSIDERED: To APPROVE the Consultant Service pool for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the pool of businesses on the attached list, authorize the City Planner and/or Senior CodeEnforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. FACTS: ➢ In keeping with the Eagan City Policy for Engaging Professional Consulting Services, contractors have been solicited to submit bids for 2009 services. These are being presented to the City Council for their consideration of approving contracts for such services. ➢ The City of Eagan has a history of hiring lawn maintenance contractors to cut long grass and weeds on properties where, after notification, the owner has failed to become compliant with City Code requirements. ➢ Ordinance Amendment No. 433 adopted November G, 2008 amended City Code Sec. 10.01 regarding storage, deposit and disposal of refuse, and allows the City to abate public health and safety nuisances by disposing of refuse abandoned on a property. ➢ City Code Sec. 10.51 allows the City to abate nuisances by disposing of junk furniture, household furnishings and appliances abandoned outdoors on property. ➢ Staff anticipates the need for lawn service, refuse removal, securing vacant buildings and other general maintenance to properties will increase in 2009 based upon the number of foreclosures in the City. ➢ In 2008, the City incurred $4,500.00 in lawn service and $950.00 in property maintenance service expenses. Property owners of record are billed for the services provided and costs are assessed against the property if the bills are unpaid. ATTACHMENTS: (1) Listing of Consultant Service Pool on page. Consultant Service Pool - Code Enforcement 2009 (All applicants are required to carry worker's compensation coverage, and name the City of Eagan as an additional insured party. Companies with asterisk * have submitted required insurance information. All prices are plus tax.) Lawn Maintenance Good Riddance Hauling & Disposal $50/yard on average *Melby Landscaping $45.00/man/hour Nowack's Lawn Service $47.50/man/hour *Suburban Landscape Services $50.00/man/hour *Schaaf Commercial Lawn $42.501/man/hour + one way travel (using 15 minute travel time from IGH to Eagan City Hall, total cost would be approximately $53,13/man/hour) Tough Cut Services $65.00/hour minimum *Timberland Outdoor $101.00/hour minimum (2 person crew, +10% discount if scheduling more than one property at a time) Property Maintenance Good Riddance Hauling & Disposal $25.00/man/hour (2 person crew minimum) +disposal fees, +surcharges for appliances & electronics *LeMaster Restoration $38.34-$66.40/hour based on job, +vehicle use charge of $41.85 per % day, +disposal fees *Schaaf Commercial Lawn $42.00/hour + one way travel (for example, using 15 minute travel time from IGH to Eagan City Hall, total cost would be approximately $52.50/man/hour) +disposal fees *Timberland Outdoor $101.00/hour minimum +disposal fees Agenda Memo April 7, 2009, Regular City Council Meeting V. APPROVE a_contract with Vanco Services to process fitness membership payments. ACTION TO BE CONSIDERED: Approve a contract with Vanco Services to process fitness membership payments. FACTS: • Fitness memberships at ECC that are participating in an HMO reimbursement plan have been processed through a private processing company in partnership with NIIICA. ■ NIHCA represents hundreds of small community centers/fitness centers to capture more negotiating leverage when working with various insurance companies. The ECC is a member of NIHCA. • As the NIHCA membership has grown, they have found a need to expand and enhance the payment processing operation that works directly with the multiple insurance companies. • NIHCA recently took action to enter into an agreement with Vanco Services to take over the monthly processing of HMO reimbursements for their members. ■ As a member of NIHCA, the City of Eagan will also need to enter into an agreement with Vanco to process ECC fatness memberships participating in an HMO reimbursement plan. • Vanco is a global company that processes payments for a wide range of businesses. • The partnership with Vanco will provide an even higher level of security for HMO reimbursements and the costs will remain similar to what is being paid to the current vendor. • The transition is expected to occur in the next 2-3 months. ATTACHMENTS: None Agenda Memo April 7, 2009, Regular City Council Meeting W. ACCEPT a donation from Ci and County Credit Union for the 2009 Market Fest entertainment series. ACTION TO BE CONSIDERED: Accept a donation of $4,000 from City and County Credit Union for the 2009 Eagan Market Fest entertainment series. FACTS: ■ The Market Fest 2009 season is planned and ready to provide a farmers market, artisan market, food and music for the community to enjoy every Wednesday evening from July 1 through September 23. • The weekly event has become a very popular gathering spot for the community to re- connect and has seen tremendous growth since it began in 2007. • Donation dollars were budgeted for 2009 to allow this free community program to be hosted by interested local partners. • For 2009, City and County Credit Union is the primary sponsor for the entertainment series that will be hosted during the Market Fest. They will be acknowledged at evening events in addition to Market Fest's publicity to the community. ■ This is the 3rd consecutive year that City and County Credit Union has stepped forward to host the Market Fest entertainment series. ATTACHMENTS: None Agenda Information Memo April 7, 2009 Eagan City Council VII. NEW BUSINESS A. CONDITIONAL USE PERMIT LINDER'S ACTION TO BE CONSIDERED: To approve for direct Findings of Fact for Denial) a Conditional Use Permit to allow a temporary greenhouse for seasonal outdoor sales at the Kowalski's store located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers Present FACTS: ➢ Linder's is proposing a temporary greenhouse for seasonal outdoor sales. ➢ The proposed greenhouse is 1,260 sq. ft. (21' x 60'), within an enclosed 4,180 sq. ft. patio. ➢ The garden center is proposed to be enclosed with a four-foot split-rail fence. ➢ The garden center is proposed on the western edge of the parking lot within 85 feet from the residential zoned properties to the south. ➢ The proposed operation is from April 15'h to July 151x', annually. ➢ The proposed hours of operation are 8:00 a,m. - 8:00 p.m., daily. ➢ Seasonal sales standards are satisfied except for the setback to residential zoned property. ➢ The Advisory Planning Commission held a public hearing on March 24, 2009 and recommended approval of the Conditional Use Permit. ISSUES: ➢ Two residents spoke at the Public Hearing stating concerns with the appearance, location and additional traffic that may occur with the proposed use. ➢ The APC added condition number 10; that the garden center must be located outside the 100 foot residential setback. ➢ The applicant has submitted a modified Site Plan that meets the 100 foot setback requirement and occupies just under 4,000 square feet. 60 DAY AGENCY ACTION DEADLINE: April 19, 2009 ATTACHMENTS (4): Location map on page S3 _ Draft March 24, 2009 APC Minutes , agess through Staff Report, pages5 ~ through Modified Site Plan on page 3 Eagan Boundary ; Right-of-way Locate a Parke] Area pB Park Area Location Building Footprint . n - - o Eq 4 ® ~ to a = © {1 17 Li Ll cf ~ ~ ~ ~ v p°.o V c3 p b ca b q V Q p e0 CA D R q [d OF Subject Site = rt: c.s.n.M. !sa ao of r_er poan ~ uj tad pa ~ - b t1 ~ .a m ~ ~ ~7~C7 ~ , ~ Cr a 9 0 ~q QT b o° - C74: spa / d ~ 4 ~ b R ° o a ~o a 9 4 { .Y QQ❑ h~ H V u~ ~ rd a o ~ f3 O~ p ~aQO a suov 20DO Feel Developmentll]eveloper: Linder's Application: Conditional Use Permit Case No,. 28-CU-01-02-09 u + City of Eap THIS fIFAP IS ENT£NRl;R FOR REFEitENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 C.-M."Ify uovelapm.nt neparcmont not responsible far errors or omissions. Advisory Planning Commission March 24, 2009 Page 3 of 7 B. Linder's Applicant Name: Linder's Greenhouses Inc Location. 1646 Diffley Road; Lot 4, Block 1, Diffley Plaza Application: Conditional Use Permit A Conditional Use Permit to allow a temporary greenhouse for seasonal outdoor sales. File Number: 28-CU-01-02-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 18, 2009. She noted the background and history ~•,~J/fJ rI rf I.r Vice Chair Chavez opened the public hearing. lr: r r.:. Dave Berg, 4287 Gadwall Court discussed the past zoning in'the area-lbt- his neighborhood and stated objection to the proposal. He stated Kowlaski's'Oro.Mjse4,an "up s'ir to°' development and a temporary green house proposal was far from up-scale" " . Terry Sowinski, 1845 Deer Hills Trail stated objectib to the proposal and the in 0; felail center under construction to the west due to increased raffi ate ! expo cd concern witP the traffic patterns in the area. Mr. Berg also suggested problematic traffiq.,in the area. He sfaf+rd"traffic on Johnny Cake Ridge Road exceeds the expected amount srF' t f There being no further public comment, Vi4rhar'C)f vez closed fhe public hearing and turned the discussion back to the Cvinmission. ` There was discussion o t} e`split;rail fence and the desire t6 keep outdoor sale items within the designated area. W, There was discussion regatoing therplacement of the structure outside of the 100-foot residential setba R rep jireme~tf~nd was aLdrass d`with an additional condition. Member h eaney move} Memb&'2,, beri seconded a motion to recommend approval of a CondKlianalUse Perm€t`tlpw a feriporary greenhouse for seasonal outdoor sales on J. property"~iv_cated at 1646 Di ff r Roadglegally described as Lot 4, Block 1, Diffley Plaza, in the NW'/ of Seafoh 28, subjectftia the following conditions as amended: 1. This Conditlodol ,Use Permit shall be recorded at Dakota County within 90 days of approval by the City Codit'0p;-an,proof of recording submitted to the City. 2. The seasonal salepc, l.$ all'he allowed between mid April and mid July each year, but not to exceed 90 consec06e days. 3. All structures shall be removed by July 20t" each year. 4. A Building Permit is required each year prior to construction of the greenhouse. 5. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. 6. The site, including the storage of carts, shall be kept in a neat and orderly manner and the display of items shall be contained within the fenced area and shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Floor Plan dated March 4, 2009. The sale of landscape materials is prohibited (i.e. landscape rock, modular brick, etc.). Advisory Planning Commission March 24, 2049 Page 4 of 7 8. Hours of operation shall be between the hours of 8:00 a.m. and 8:00 p.m. seven days a week. 9. Signage shall be subject to City Sign Code requirements; up to three temporary signs, but shall not exceed a total area of 25 square feet 90. Structure must be outside the 100-foot residential setback. A vote was taken. All voted in favor. Motion carried: 5-0. Following the vote, Vice Chair Chavez explained to the audience that the City Code contains standards for Seasonal Outdoor Sale proposals such as this and that te:Advisory Planning Commission is required to review and act on proposals based on w #ther"or not there is compliance with the standards. F rri , f r er,r ~ - r - r~rr u :f ' ff r r r fr - ,lr . 1 r :f PLANNING REPORT CITY OF EAGAN REPORT DATE: Marcia 18, 2009 CASE: 28-CU-01-02-09 APPLICANT: Linder's Greenhouses, Inc HEARING DATE: March 24, 2009 PROPERTY OWNER: Visions of Eagan LLC APPLICATION DATE: February 18, 2009 REQUEST: Conditional Use Permit PREPARED BY: Sarah Thomas LOCATION: 1646 Diffley Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: NB, Neighborhood Business SUMMARY OF RE U EST The applicant is requesting approval of a Conditional Use Permit to allow a temporary greenhouse for seasonal outdoor sales on property located at 1646 Diffley Road, legally described as Lot 4, Bloch 1, Diffley Plaza, in the NW 1/4 of Section 28. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use pen-nit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be hannonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report - Linder's Greenhouses, Inc. March 24, 2009 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, flumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the planning Commission and the Council may attach whatever reasonable conditions they deein necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGRGUNDIHXSTORY Tlae Diffley Plaza development was platted in 2003 with the creation of seven lots. Lot 1 contains a CVS Pharmacy, Lot 4 a Kowalski's grocery store, Lot 5 a multi-tenant retail building (under construction), Lot 6 contains the Holiday convenience gas station and car wash, and Lot 7 contains the Oak Trust Credit Union. The remaining two lots (Lots 2 and 3) are vacant. Three Conditional Use Permits (CUP) were approved in 2008 and recorded against the property to allow the construction of the grocciy store. The CUP's were to allow a loading dock within 340 feet of residential property, a building greater than 25,000 square feet and a pylon sign. A Variance to hours of operation adjacent to residential property was approved as well. EXISTING CONDITIONS W The subject site is a platted parcel that contains a 35,189 square foot Kowalski's grocery store as well as the on-site pond to treat all of the runoff r. s from the Diffley Plaza development. _k L x r. Q~F Planning Deport - Linder's Greenhouses, Inc. March 24, 2009 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround tho subject property: Existing Use .Zoning Land Use Desiiation North Convenience NB, Neighborhood RC, Retail Store,/Bank- Business Commercial South Single-family R-1, Residential LD, Low Density residential Single district (0-4 units/acre) East Vacant NB, Neighborhood RC, Retail Business Commercial West In-line retail _ T NB, Neighborhood RC, Retail Business Commercial EVALUATION OF RE UEST Code Requirements The City Zoning Code allows for seasonal outdoor sales as a conditional use within the comiercial zoning districts of the city, subject to the adopted standards. The City Code defines a seasonal outdoor sale as "the outdoor storage and sale of goods within a duration of more than ten and less than 90 continuous days that are accessory to the principal use or structure." Section 11.10, subdivision 29.4 identifies performance standards for a seasonal outdoor sale. Seasonal outdoor sales also must comply with the standards applicable to temporary outdoor events outlined in Section 11. 10, subdivision. 29.3. This proposed CUP will be evaluated relative to these standards. Description of Proposal - Linder's is proposing to add a temporary greenhouse for seasonal outdoor sates to the property at 1.646 Diffley Road. The proposal includes a 21' x 60' (1,260 sq. ft.) temporary greenhouse structure with an enclosed display of plants and plant products within a 4,180 sq. ft. area located directly adj acent to the greenhouse. According to the applicant, the tent will "be located in the southwest portion of the parking lot to remain visible without obstructing visibility to neighboring businesses and remain out of the mainstream of pedestrian and vehicular traffic". The items for sale will consist of annuals, perennials, container gardens, tropical plants, potting soil and mulch. A small number of shopping carts (6-10) are also proposed inside the. patio area. Compatibility with Surrounding Area - The request appears consistent with the area. The existing development is commercial retail. A single family residential neighborhood is adjacent to the south of this property, however the proposed location allows for separation between the uses via a drive aisle and row of parking. se Planning Report - Linder's Greenhouses, Inc. March 24, 2009 Page 4 Duration Linder's is proposing their season would be frozn April 15tr` to July 20'x' annually. This exceeds the 90 continuous days allowed per City Code. Only one seasonal sale or outdoor event may occur at one time. Grading/Storm Drainaa No new pavement will be added as a result of this permit. Parking - Parking will be provided on the property within the existing parking lot. Seasonal Sales Standards - Additional standards apply to, the evaluation of a Conditional Use Permit for Seasonal Outdoor Sales. The following is an evaluation of this proposal as it relates to each of those standards listed in Section 11. 10, Subdivisions 29.3 and 29.4. 1. Adequate off-street parking shall be provided to ensure that no obstruction or interference occurs with existing traffic patterns. The greenhouse is a temporary membrane structure, approximately 60 feet long by 21 feet wide. The proposed greenhouse and patio area occupy approximately 22 existing parking stalls in the middle of the parking lot. The greei-iliouse location will leave the handicapped accessible stalls open. 2. No portion of the event shall take place within any public right-of-way. A mirnirrrurn setback of ten (10) feet shall be tnaintain.ed from all property lines and no pnr•tiO n of the use shall take place ivithin 100 feet of any abutting property line of any residential use or residential zoned property, which is not separated by public right-of way. The sale area is proposed to be setback 85 feet from the residential property to allow for the most efficient use of the parking lot. The back of the greenhouse structure is proposed to face the residential property, however a portion of the items stored in the patio area may be visible through the split rail fence. The landscaping and berrning constructed with the development of the site, should assist with screening of the sale area. All other building and parking setback requirements are satisfied. 3. The site shall be kept in. a neat and orderly manner and the display of items shall not cover nior•e than 5% of the total lot as to not interfere with pedestrian safety, vehicular nnoveinent, emergency access and existing business activities, The sale area comprises 4,180 square feet (1.8%) of the 5-acre site. The greenhouse is proposed to be located over several existing parking stalls near the middle of the parking lot. Also, there will be a four foot split-rail fence enclosing the garden center. 4. 411 signs for the event shall comply H,ith Eagan City Code sign regulations. The City Sign Ordinance allows up to three temporary signs, but cannot exceed a total area of 25 square feet. The proposed sign plan identifies 1, 25 sq. fl. sign to be located on the north side of the structure. Planning Report - hander's Greenhouses, Inc. March 24, 2009 Page S 5. Teats and temporary membrane structures having an area in excess of 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. Since the proposed structure exceeds 200 square feet, a building perinit is required prior to construction each year. 6. The owner or operator of the event shall have the written permission of the fee owner of the property on which the event is located to use the specific .site. The property owner has signed the Conditional Use Pen-nit application. 7. Hours of operation shall be subject to this Chapter's regulations governing hours of operation of commercial businesses. The applicant proposes daily greenhouse operations between the hours of 8:00 a.m. and 8:00 p.m. 8. No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. All parking can be accommodated within the existing Kowalski's parking lot. 9. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety, reasons when determined necessary by the City. Linder's has proposed to have a 4-Foot tall split rail fence around the patio area, which is similar to what has been approved at other locations within the City of Eagan. The outside displays must be orderly and contained within this area. 10. The sale shall not encroach into any required front building setback area or other required setbacks. The proposed sale area is located within patio area which is not within any required setback areas. 11. The sale area shall not interfere with any pedestrian or vehicular movement The drive aisles within the parking lot will remain open. No sidewalks are impacted by the proposed sale area. 12. The sale area shall not take up required parking spaces or landscaping areas of the principal use. Based on the minimum parking requirements in the City Zoning Cade, there are currently 151 parking stalls provided to serve the 35,189 sq. ft, store. The greenhouse would occupy approximately 22 parking stalls. 13. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The sale area will be located within the existing parking lot, which has bituminous sw-facing. The surface shall be properly maintained to prevent deterioration. LoC~ Planning Report - Linder's Greenhouses, Inc. March 24, 2009 Page: 6 SUMMARY/CONCLUSION The applicant is proposing the seasonal outdoor sale of plants and plant products and a temporary greenhouse at 1646 Diffley Road. This type of commercial use appears compatible with other uses in this coma-i-iercial area. ACTION TO BE CONSIDERED To reconu-nend approval of a Conditional Use Permit for seasonal outdoor sales to allow a temporary greenhouse for seasonal outdoor sales on property located at 1646 Diffley Road, legally described as Lot 4, Block 1, Diffley Plaza, in the NW 'Ia of Section 28. If approved, the following conditions should apply: I. This Conditional Use Permit shall be recorded at Dakota County within 90 days of approval by the City Council, and proof of recording submitted to the City. 2. The seasonal sales shall be allowed between mid April and mid July each year, but not to exceed 90 consecutive days. 3. All structures shall be removed by July 20"' each year. 4. A. Building Permit is required each year prior to construction of the greenhouse. 5. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. 6. The site, iDcluding the storage of carts, shall be kept in a neat and orderly manner and the display of items shall be contained within the fenced area and shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Floor Plan dated March 4, 2009. The sale of landscape materials is prohibited (i.e. landscape rock, modular brick, etc.). 8. Hours of operation shall be between the hours of 8:40 a.m. and 8:00 p.m. seven days a week. 9. Signage shall be subject to City Sign Code requirements; up to three temporary signs, but shall not exceed a total area of 25 square feet Ragan Boundary Right•of•way Parcel Area Location Map ~ Bark Area Building Footprint a 1 nl~' d 4 g ® ' a q (L~ JL~~J! q f~ 0 p V~ ®(~J a q ~ Ci ~ ~ ~ caa~ ~ q 6 ra a p~ ❑ v 9L o ® 4 yr ❑ 13 ~•~7 _ Q Subject Site L3 - - 6 'n. 3ti d On'«'f N C,S.A,JL Nb, P EY BOAUi - O1 C f~ ~ ~ 1l f d 'n QLI]®~ ~ t] ~ ~ ~ as oo ~ b fl ❑OD d❑~ fin b uujg7 q L ~ L 4i~ 'y55.~ ao D O.can~Q~a iooo ❑ 1000 2090 FeLt DeveIoPmeMIDeveIoper: Linden's Application: Conditional Use Permit Case Igo.: 28-CU-01-02-09 N E THIS NIgR 1S INTENDED FOR REFEFiI=tJCE USE ONLY M of a aIl w The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 Co--U. Ely DOVe Eupment 0BpartMn nt not responsible for errors or omissions. 'urrrent Zoning and Comprehensive Guide Plan Linaerrs and Use Map Conditional Use Permit 28-CU-01-02-09 Zoning Map o I ~ ~ ra Current Zoning; L,S.0..M kv. Location Roan IMFE . kb. 39 {9!Fl.ET Ronnl Ph L leighhorhood Business ❑ O C: 'Jx p MEL] o MID ❑MM p i p MMMn V ~ ~ ~a ppyy Rw p P -P12 1) eno 0 Eva tyvn sees n g v ~ Comprehensive Guide Plan P - Land Use Map P a F, LD I Ld RC Location C-S.. a.:•• Nb. ET L.A,P aH. Kb. SD ivrFe¢r kvAbl b Current Land Use Designation: R RC ° g o . RIC Retail Commercial a o p MED ]EED Z3 D Z7 it ~ ~ a D 0 ❑ l & soa a r• N Parcci has9 map 1.1 - m -H- provided by Pakata Cvunky L--T Surrey 31 ePllt-t A---bed ZOOS. 1'rj~i(4/, Zvving W- nu- malntc-i P~ by City 5t.~tl. ~v 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. SITE PLAN liti _ F Aa - a® ' N A 5 D rs \ Zz~ \ m4 ~ ~ p pp ~ -s7 +I x I p xh .n > € II z 6 m m ! I a Mon, JOHNNY CAKE RIDGE ROAD vow . 21 Al, - ~ ~ .4+ gin:' c$ ~ ~ `•t • ~ti". 41 alp mils ~s ■F } [ p S S P °F~ITF i,~ 9Y9Y~€ SSSS;~t f[j Y pp z c~ ---RECEIVED [AAR 04 2000 Aft f NORTH I'~i 5~-i C'f7 --c by ct j - ~7, ct ct a~ c w ~ ~ w cd Q FLOQR PLAN RECEIVED MAR 04 2009 WR x^ Pet a'\ W SIGNAGE . T:~' 'a s ' t :a3Y3 ,~43 1 t A~ {SI IT ..t 'L-~.~S 1 r 1 1 T ~ !N ~ ~ cr l } 1~. r [ .%3~ I 1 hh t - ~ s k b~ 4 x r ny ~ 9 ~ fil 1 ~ t4 r. Y ~ iii{} Vs PHOTO Y{ 1 Q x;5:.+3 y. a - r.~ s • ~rY Is AERIAL V~illy ~ =.s~. yy~ M}r 1 ~r - ?F,'. S L ~x•' ~~t7` ~ t C~+ ~ rr. ' ; ~ it ~ t•,; Lfl ~ E~ .?~:Z;q:~ ` ~ ik, ' - ~•,'ti . z5` - ` 5 t. ~ Ka wx s ~ ~ ~w. r~` - ~ x. ~ fix'. ..rdf f• ~ F., - 24~ r. ~ f f. ~i.` 1: ~n 7 3 ~~~~c lir'~i ~ ~"y~: T !f t~••'`'.:~i•• _ FYI zr - -r ` ~ ~ ~ . Ell • F` y f '~y'N tt art ~.ti~ p 3~L. -,~1s ' o& -a~~ I- rt• A I ,IS =~'.,r~~~ L~ P ~ ~1a~5 S ±=.s.~~° ~ - 1} F ~ ~ tit 4 ~~•y r p" pg- r >~L r.,j F ~ yr• ~ z-...~;•~,xr, .I;'=;~," ~ x., . ' 'a'; wr Yom;.=r: ~ r l £ ~ ~Y `r C - ~ ~ ~ r1 ~ ~ is r~ r -T L v~'7.,,' r _ ~ r h ~ r{ r • ~ x- lra~ o lam' ; ..y ~Sc' r--n. ~ ~1 a ~ ~ ~ 4 44LL!! "h •.-.v~~r~.,z. ~.:.L,'S'~'r=~~~ .i..-_w{~F3~ ;]~'i~f• - -.~6!°' ~ ,~y.~~~ I ~ s~~ r~ x . s`ri~-~--' ,{Y---~~~`~ ~•p} ~ rC/ '4 ? "L*~ r,~}+.,'_ -k~~ Ewl 1 t}F ~+3 C> ;FZ r w r sr wV3 t t k s1 ~I'-~r~ ~3t {r..;. C) o ~rC - _1- L- -n C) j} ~3 r J' ' . pu~'s',a-~ ,rr 5' a2 .F r ? I - a' - yt j WIM, 23 `rte"1~~ ~ VIM- , .9 q~ Flower Mart Division ;may 275 W Wheelock Pkwy / St. Paul, MN 55117 ]'~r + 612.685.7993 Pax: 651.255.6445 ' E-mail: caioceilalinders.cam GREENHOUSES, GARDEN CENTER & FLOWER MARTS } February 16, 2049 Sarah Thomas Planner City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Ms. Thomas; Please accept this letter as part of our Conditional Use Permit application to operate a Linder's Flower Mart at 1646 Dif£ley Road - Kowalski's Market parking lot. I am enclosing some photos and information about our garden centers. We have been doing Flower Marts for twenty years in the Twin Cities area. The response we have had from our customers and nearby businesses has been excellent. Our concept in marketing and presentation has received numerous compliments from customers and others within the garden center industry. ABOUT LINDER'S: Linder's is a family business and has been growing and selling high quality flower and vegetable plants for over 90 years. We grove most everything we sell other than nursery stock, some perennials, and specialty items, and have two large growing locations: St. Paul and Lake Elmo. During the last twenty years we have developed our "Flower Marts" and have placed them throughout the Twin Cities. In 2008 we operated at fifty different locations including one at the City of Eagan. During our season we sell all types of arinuals, perennials, hanging baskets and other products for use in the home garden. Because we are well known as a quality grower, many gardeners seek us out to supply their planting needs. Locating in areas around the cities enables us to serve our customers better. It is also an opportunity for neighboring business owners to provide their customers with quality flower and vegetable plants conveniently nearby. Our customers have given us a tremendous welcome and look forward to our returning each spring. We grow quality bedding plants as well as other seasonal products for sale both wholesale and retail. Linder's guarantees all our products and because we are a year-round business, our customers can carne to us even after our remote "Flower Marts" have closed for the season. We take great pride in our "flower Marts" and are proud to display our name on them and carefully sign diem to identify ourselves. The photos show our "Flower Marts" at various locations for you to see how we look. We are very proud of our reputation and do everything possible to be the best in this market. E E. THE MARKET: We feel that the Kowalski's Market location may be an excellent place to locate a Linder's "Flower Mail". This could be an opportunity to serve our customers in your community with a nearby - convenient shopping location where they can buy quality plant materials from a local Twin Cities grower. We are experienced in this kind of operation and feel that we are doing an excellent service for our customers and our surrounding communities. LOCATION: The area needed is typically 110 ft by 38 ft. (about 4,180 sq. ft). This size includes the garden center itself and the patio areas connected to the Flower Mart. We are proposing to locate in the southwest portion of the parking lot as shown on the site plan. We think that this area has some distance from the front of the other businesses and out of the main stream of traffic, both pedestrian and vehicular. We want to give the Flower Mart visibility to the public without obstructing the visibility of the other neighboring businesses, and at the same time have good visibility in order to attract customers into the lot. TRAFFIC: With regard for vehicle traffic, the "Flower Mart" is placed in the selected location in order to keep any traffic disruption to a minimum. The patio areas at the front, side and back serve to protect the "Flower Mart" from vehicles and let the drivers see around the garden center. The patio fence is about 4 ft high and surrounds the "Flower- Mart" on three sides. This design has been used at our ."Flower Marts" for several years and we have yet to- have had a problem with vehicle movement. We feel that this is a safe way to deal with vehicles. Placed in this manner, vehicles cannot park adjacent to the "Flower Mart". The circulation of vehicles in the parking lot will not be adversely affected by the "Flower Mart" due to its location in the lot. PARKING: We have designed the "Flower Mart" as we did because we feel that this is the most professional design and uses the available space to its maxis-nurn potential. Linder's has operated "Flower Marts" successfully for twenty years in communities surrounding the Twin Cities. It has been our experience that the traffic and parking in the lots shared by the "Flower Mart" is not affected considerably due to the sharing of customers with our property owner. We bring in many customers but they are easily handled by the size of the lots we occupy. We do not want to create a congestive atmosphere for our customers or neighboring businesses. The "Flower Mart" generates business activity which varies during the business day with the most activity occurring in late afternoon and evening. There is also business activity occurring on the weekends with the most on Saturdays. Having done this type of operation for twenty years, it would be safe to say that the average amount in the "Flower Mart" at any one time is about five to six customers. The maximum amount of customers may be up to ten. There are certainly times when special sales occur that higher levels of activity may occur, but we have never seen so much that a problem has occurred in relation to the amount of cars or pedestrian traffic. qq j } w THE "FLOWER MART": The typical "Flower Mart" itself is 60 ft long and 21 ft wide and 12 ft high. There are patio/display areas in the front, side and rear of the "Flower Mart". The entire size is 110 ft by 38 ft with total of 4,180 sq feet. See the attached drawing. The size and configuration can be adjusted somewhat in order to meet the available space. The "Flower Mart" itself is a high quality greenhouse structure which sits on the pavement and is held down with an internal system which uses water for ballast. It is a commercially made unit, which is manufactured by a Minnesota company (Poly-Tex, located in Castle Rock, MN). It is a very good looking structure which we have used for many years. ADVERTISING: Linder's has established an extensive advertising program., which includes a large presence on television, with commercials and other appearances by our staff. The Linder's name is synonymous with quality, selection, and service. Our two year warranty. on most products has established us as a leader in this industry. We also use radio, both major newspapers, local papers, brochures, and other mailings to convey our message. We make extensive efforts to bring in customers so we can be successful as well as all other merchants, SIGNAGE: The signage for a typical "Flower Mart" is shown on the drawing. This is what we believe to be an excellent signage plan. We have tried to design the appearance and signing of our stores to be not only eye catching but professional looking as well. We are very conscious of how we look and do business. We would comply with the current sign requirements of the City of Eagan. UTILITIES: Our only utility requirements are reasonable access to water for the plants and 110 volt electricity (on 24 hours) which runs the cash register and other small items ia3 the "Flower Mart". This power typically comes from a light pole in the lot nearest the "Flower- Mart. We have no lighting permanently installed in the "Flower Mart". Linder's takes away all discarded material and unnecessary items. We strive to maintain a clean and professional appearance. Water is the other utility we need. This is needed to care for the plant material at the "Flower Mart' The source of the water is not specifically identified at this point. Hopefully a source can be located nearby or from the underground watering system. We only need the equivalent of a standard gardening hose to water the plant material. THE SPRING SELLING SEASON: The selling season to be from April 15 thru July 20 (weather dependent). We typically begin preparations to set up all of the Linder's "Flower Marts" in the middle of March. We request the necessary time to build the "Flower Mart" before the season begins. We first deliver the necessary equipment to the location and then begin setting-up the "Flower Mart" when the weather is permissible. The "Flower Mart" is taken down and totally removed on the closing day of the -71 'U ~iA season. We totally clean and sweep the location in the parking lot so that once we are gone there is no evidence of our having been there. OUR HOURS: Our hours are 8:00 AM until 8:00 PM weekdays and 8:00 AM until 8:00 PM on most weekends. We typically have two to three employees during weekdays and three to four during weekends. We are open seven days a week during the season. The "Flower Mart" is closely supervised by myself and several District Managers who keep it stocked and operating cleanly and efficiently. We snake every attempt to employ persons from the community. I have tried to provide all of the information about Linder's to answer your questions. If you have any other questions or concerns you can reach me at any time on my cellular telephone 612-685- 7993. Sincerely, Caio Cella Division Manager - Flower Marts F SITE PLAN RECEIVED APR I T~~ o a ii nF c~i o > I JOHNNY CAKE RIDGE ROAD lip! $ k ~ ~^y~ 'r-RAe-•~ w•fr~ww~ F _ r r_ ~ t, rci.~` ~ rte' [k ~ ~~~•=E ~ i i Agenda Information Memo April 7, 2049 Eagan City Council B. PLANNED DEVELOPMENT AMENDMENT - BACHMAN'S ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Planned Development Amendment to allow a temporary greenhouse for seasonal outdoor sales at the Byerly's store located at 1299 Promenade Place, legally described as Lot 8, Block 2, Eagan Promenade, in the S S/2 of Section 10, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ Bachman's is proposing a temporary greenhouse for seasonal outdoor sales. ➢ The proposed greenhouse is 1,260 sq. ft. (21' x 60'), within an enclosed 8,120 sq. ft. patio. ➢ The garden center is proposed to be enclosed with a four-foot split-rail fence. ➢ The garden center would be located on the western edge of the parking lot where employees currently park. Employees would be directed to temporarily park in the South and East edge of the lot. ➢ The proposed operation is from April 1 to July 1, annually. ➢ The proposed hours of operation are 8:30 a.m. - 7:30 p.m., daily. ➢ Seasonal sales standards are satisfied. ➢ The Advisory Planning Commission held a public hearing on March 24, 2009 and recommended approval of the PD Amendment. ISSUES: ➢ The APC questioned condition number 8 in relation to hours of operation. The hours of operation have been verified and are proposed as 8:30 a.m. - 7:30 p.m. 60 DAY AGENCY ACTION DEADLINE: April 19, 2009 ATTACHMENTS (3): Location map on page 7-S ii Draft March 24, 2409 APC Minutes on pages I W throughr~ i l Staff Report, pages R through W Eagan Boundary Right-of-way Map 0 Parke[ Area Location Fork Area swilding Footprint DIP _ IN- nTfn~ ry ~V! Subject Site fl q %MnesrM 13 C3 L1 Lin Do o a 1+~0 4 7QGG 2000 Feet Development[Developer: Bachman's Application: Planned Development Amendment Case No.: 10-PA-01-02-09 13 THIS NEAP IS INTENDED FOR REFERENCE USE ❑NLY 1 of Wa W> The City of Eagan and Dakota County do not guarantee the accuracy of this information and are 5 Cemmun4y Dovelvpment uaparlment not responsible fo errors or omissions. MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA March 24, 2089 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, March 24, 2009, at 6:30 p.m., at the Eagan Municipal Center. Present were Vice Chair Chavez, Members Filipi, Zoberi, Heaney, Dugan and Jensen. Also present were, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Planner Sarah Thomas, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Zoberi moved, Member Heaney seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 6-0. January 27, 2009, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Filipi moved, Member Zoberi seconded a motion to approve the January 27, 2008, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 6-0. 111. VISITORS TO BE HEARD (110 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Bachman's Applicant Name: Bachman`s Location: 1299 Promenade Place; Lot 8, Bloch 2, Eagan Promenade Application: Planned Development Amendment A Planned Development Amendment to allow a temporary greenhouse for seasonal outdoor sales. File Number: 10-PA-01-02-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated March 18, 2009. She noted the background and history. Don Swenson, Vice President - Production/Procurement, Bachman's, discussed their partnership with Byerly's and the expansion of the garden center area. Vice Chair Chavez discussed conflicting hours of operation in the Staff Report, Condition 8, Planner Thomas stated the hours of operation are 8:30 a. m. - 7:00 p.m. and will be corrected in the conditions, upon verification, prior to the City Council meeting. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the 7~ Advisory Planting Commission March 24, 2009 Page 2 of 7 discussion back to the Commission. Member Zoberi moved, Member Heaney seconded a motion to recommend approval of a Planned Development Amendment to allow a temporary greenhouse for seasonal outdoor sales on property located at 1299 Promenade Place, legally described as Lot 8, Block 2, Eagan Promenade, located in the S '/2 of Section 10, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office, 2. The seasonal sales shall be allowed between the dates of April 1,'A, d July 1 each year, but not to exceed 90 consecutive days. 3, All structures shall be removed by July 1$` each year. 4. A Building Permit is required each year prior to construction of`fii'ie' reenhouse, 5. Only one seasonal sale or outdoor event shall occur at arise tlme ~tlt to City Ordinances. 6. The site, including the storage of carts, shall be kept,1 , a`4eat and ~.0prly manner and the display of items shall be contained with the::f r l'ct`f'area. and ft "not interfere with pedestrian safety, vehicular movement, emOrgepyaccess and'existing Witness activities. 7. The outdoor storage shall be limited to the storage, of the Items, quantities 'ah-d-96ations set forth on the Floor Plan and Detail sheet dated . rch 3 F=09. The sald:-Of landscape materials is prohibited (i.e. landscape rock, modular *tck,'`dtc.). 8. Hours of operation shall be between the hours of 8 30 `sa.m. and 7:00 p.m seven days a week. ` f 9. Signage shall be subject to City Sign Cvde.requirements upg #hree temporary signs, but shall not exceed a total area of 25 squ ~e feet 10. This Amendment is intended to supplerrlent and amend the-*[`sting Planned Development Agreement. All other conditions and rcvis!66s of #her xdxls#ing Planned Development Agreement shall remairL to full,force and effe A vote was taken All .:voted in favar,: Motion carried: 6-0. R ' V.Y rff PLANNING REPORT CITY OF EAGAN REPORT DATE: March 18, 2009 CASE: 10-PA-01-02-09 APPLICANT: Bachman's HEARING DATE: March 24, 2009 PROPERTY OWNER: DDRA APPLICATION DATE: Feb. 18, 2009 REQUEST: Planned Development Amendment PREPARED BY: Sarah Thomas LOCATION: 1299 Promenade Place COMPREHENSIVE PLAN: SA/RC, Special Area/Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned. Development Amendment to allow a temporary greenhouse for seasonal outdoor sales on property located at 1299 Promenade Place, legally described as Lot 8, Block 2, Eagan. Promenade, located in the S '/2 of Section 10. AUTHORITY FOR REVIEW Chapter 11, Section 11.40, Subdivision S states, in part 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUNDIRISTORY Eagan Promenade was platted in 1995 and the Byerly's store was constructed in 1996. In 1997, the City adopted a zoning amendment to permit a lunited amount of outside display on commercially zoned properties. A Planned Development Amendment was approved in 2006 to allow outdoor display of flesh produce. Planning Report Planned Development Amendment (Bachman's) March 24, 2009 Page 2 EXISTING CONDITIONS The site contains an existing in-line retail center, The owner, Byerly's, is an anchor tenant on the west end of the building. Other tenants include Barnes & Noble bookstore, Old Navy clothing, and Michael's craft store. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existin Use Zoning Land Use Designation North Wings Financial credit PD, Planned SA/RC, Special Area/ Retail union/ retail strip center Development Commercial East Retail PD, Planned SA/RC, Special Area/ Retail Developm -it Commercial South Retail (movie rental/ PD, Planned SAIRC, Special Area/ Retail bank/ restaurants } Development Commercial West 1-35E Right-of-way EVALUATION OF REQUEST Code Requirement s - The City Zoning Code allows for seasonal outdoor sales as a conditional use within the commercial zoning districts of the city, subject to the adopted standards. The City Code defines a seasonal outdoor sale as "the outdoor storage and sale of goods within a duration of more than ten and less than 90 continuous days that are accessory to the principal use or structure." Section 11. 10, subdivision 29.4 identifies performance standards for a seasonal outdoor sale. Seasonal outdoor sales also must comply with the standards applicable to temporary outdoor events outlined in Section 11.10, subdivision 29.3. This proposed Planned Development Amendment will be evaluated relative to these standards. Description of _Proposal. - Bacbman's is proposing to amend the Planned Development Agreement to add a temporary greenhouse for seasonal outdoor sales to the property at 1299 Promenade Place. The proposal includes a 21' x 60' (1,260 sq. ft.) temporary greenhouse structure with an enclosed display of plants and plant products within an 8,120 sq. ft. area located directly adjacent to the greenhouse. Compatibility with Surrounding Area - The request appears consistent with the area. The existing development is commercial retail and this area is considered a part of one of the major commercial developments in the city. There are no residential properties neighboring the site. Duration Bachman's is proposing their season would be from April 201t' to July 15t annually. Only one seasonal sale or outdoor event may occur at one time. All sales should cease and the structures should be removed by July I" each year. Gradin F/Storm Draina e - No new pavement will be added as a result of this permit. 7q Planning Report Planned Development Amendment (Bachrnan's) March 24, 2049 Page 3 Parkin - Parking will be provided on the property within the existing parking lot which is primarily used by Byerly's employees. Employee parking will temporarily move to the South and East. The greenhouse would occupy approximately 32 parking stalls. Seasonal Sales Standards - Additional standards apply to the evaluation of. a Planned Development Amendment for Seasonal Outdoor Sales. The following is an evaluation of this. proposal as it. relates to each of those standards listed in Section 11. 10, Subdivisions 29.3 and 29.4. 1. Adequate off-street parking shall be provided to ensure that no obstruction or interference occurs with existing traffic patterns. The greenhouse is a temporary membrane structure, approximately 60 feet long by 21 feet wide. The proposed greenhouse and patio area occupy approximately 32 existing parking stalls in far west end of the parking lot. The greenhouse location will leave the southern five stalls available for their customer parking. 2. No portion of the event shall take place within any public right-of-",ay. A minimum setback of ten (10) feet shall be maintained from all property lines and no portion of the use shall lake place within 1 00 feet of any abutting property line of any residential use or residential zoned property, which is not separated by public right-of-way. The sale area will satisfy all building and parking setback requirements. In addition., there are no abutting residential uses or residential zoned properties. 3. The site shall be kept in a neat and orderly manner and the display of items shall not cover more than 5% of the total lot as to not interfere with pedestrian safely, vehicular movement, emergency access and existing business activities. The sale area comprises 4,184 square feet (0.3%) of the 36-acre site. The greenhouse is proposed to be located over several existing parking stalls and a wood split rail fence is proposed surrounding the sales yard. 4. All signs for the event shall comply with Eagan City Code sign regulations. The City Sign Ordinance allows up to three temporary signs, but cannot exceed a total area of 25 square feet. The proposed sign plan identifies 1, 24 sq. ft. sign to be located on the south end of the structure. 5. Tents and temporary membrane structures having an area in excess of ' 200 square feet and canopies in excess of 400 square feet shall be subject to a building permit. Since the proposed structure exceeds 200 square feet, a building permit is required prior to construction each year. 6. The owner or' operator of the event shall have the m,ritten permission of the fee owner of the property on which the event is located to use the specific site. The property owner has signed the Planned Development Amendment application. T Hours of operation shall be subject to this Chapter's regulations governing hours of operation of commercial businesses. The applicant proposes daily greenhouse operations between the hours of 8:30 a.m. and 7:40 p.m. PlanniDg Report - Planned Development Amendment (Bachman's) March 24, 2009 Page 4 8. No parking shall be permitted on any adjacent parcel without the prior written permission of the adjacent parcel owner. All parking can be accommodated within the existing Byerly's parking lot. 9. The sale area shall be within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the City. Bachman's has proposed to have a wood split rail fence, not to exceed four feet tall, around the sales area, which is similar to what has been approved at other locations within the City of Eagan. The fenced entrance will be chained when the store is closed and a sign will be posted noting that the premises are under 24 hour surveillance. The outside displays must be orderly and contained within this area. 14. The sale shall not encroach into any required front building setback area or other required setbacks. The proposed sale area is located within the patio area and is within the front setback area.; however this location may be allowed as a deviation via the Planned Development Amendment. The registers are proposed to be located under a 100 square foot tent. 11. The sale area shall not interfere with any pedestrian or vehicular movement. The surrounding drive aisles within the parking lot will remain open and allow for vehicular movement. No sidewalks are impacted by the proposed sale area. 12. The sale area shall not take up required parking spaces or landscaping areas of the principal use. There is ample parking on-site. The proposed outdoor sales area is located within the existing parking lot and covers approximately 32 parking stalls. 4 13. The sale area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The sale area will be located within the existing parking lot, which has bituminous surfacing. The surface shall be properly maintained to prevent deterioration. SUNIMARYWONCLUSION The applicant is proposing the seasonal outdoor sale of plants and plant products and a temporary greenhouse at 1299 Promenade Place. This type of commercial use appears compatible with other uses in this commercial area. ACTION TO BE CONSIDERED The applicant is requesting approval of a Planned Development Amendment to allow a temporary greenhouse for seasonal outdoor sales on property located at 1299 Promenade Place, legally described as Lot 8, Block 2, Eagan Promenade, located in the S %2 of Section 10. If approved, the following conditions should apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. f Planning Report - Planned Development Amendment (Bachman's) March 24, 2009 Page 5 2. The seasonal sales shall be allowed between the dates of April 1 and July 1 each year, but not to exceed 90 consecutive days. 3. All structures shall be removed by July 1" each year. 4. A Building Permit is required each year prior to construction of the greenhouse. 5. Only one seasonal sale or outdoor event shall occur at one time subject to City Ordinances. 6. The site, including the storage of carts, shall be kept in a neat and orderly manner and the display of items shall be contained with the fenced area and shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 7. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Floor Plan and Detail sheet dated March 3, 2009. The sale of landscape materials is prohibited (i.e. landscape rock, modular brick, etc.). 8. Hours of operation shall be between the hours of 7:00 a. in. and 8:30 p.m. seven days a week. 9. Signage shall be subject to City Sign Code requirements; up to three temporary signs, but shall not exceed a total area of 25 square feet 10. This Amendment is intended to supplement and amend the existing Planned Development Agreement. All other conditions and provisions of the existing Planned Development Agreement shall remain in full force and effect. Eagan Boundary Right-of-way Parcel Area Location Map Park Area Building Footprint :5 z. • ~ =mot a ci F. b Subject Site - ~ n rte. - } F ~`..a•~y - • . tea=-' : "~`i ~ Fem. _ exw (On c a_ b EP Q3 l ~ - ~ ne naa ©a ~~o oan - 6 - - _ 'fr: a pout o EEO F 01 F4& I EPP o e ra 1000 4 5000 2006 Fee€ Development/Developer.. Bachman's Application: Planned Development Amendment Case No.: 10-PA-01-02-09 N W E City of Ea p THIS NlAP IS IN ENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S Commv°[ty peverop,n°nt Department not responsible fog errors or omisslons. Current Zoning and Comprehensive Guide Plan Bachman's sand Use Map Planned Development Amendment 10-PA-01-02-09 Zoning Map g' 1 no p Bp rc Iv' - 9 Current Zoning: r Location 1 Planned Development VPD 17 g ~ ~ COUNTY ROAR MD.7U (YANKEE: DOOORE ROAD) P ; - Q ~ El PD LE e = a 1 0 Pp . 99 917➢ 9I3QQ 1 Q ©I]L~ E I Rvv v 6aa 12a0 pee! CSC cn= - 0 1~ Comprehensive Guide Plan MD 1HP a Land Use Map x SA SA-8p x ULU 0 9 Location n I r ~ Current Land Use Designation: S i ~ ~ \ 4 R n e ~ SA/RC 3 _ ; - Special Area/Retail Commercial ~ 01 -UNW ROAb N0.24 {YANKEE POObl - ROAOI S~p SA SA I fl HIl SA SA _ ? 119 Q09 0D n u QC9 El =3 1[I[ sov o sva 12o0 r=ei L~ Pat« P infa matfvn Provided by ➢aRofa C.Pnty Land SPrvey nepartment oecmbcr 2OUS. Zoning InlRrm RlCaD ~nafnlaiPed by city staff. City of I ~y7apa . THIS MAP fS INTENDED FOR RrzFERENCE USE ONLY w E City of q p The City of Eagan and Dakota County do not guarantee the accuracy of this information. S E P EfIfJ€IRI~ A11fNUE 17 Ila ! I ~ - ► Sara Alit HIM 8 [ It [ ® lip w # 1 utl-[ ° -Tn f 40 i r to € t€eta ISO 1 uaF F~[!fY ~Atq J ! j Mill 11 70 4 E ~ eAd yW~ dye 1qA f 1 6~SITE PLAN _f I - - - - - - - - - - - - - - - - - - ~ . tt____-_..______ -_T___..___ III m Il r~ 1 CD I€ 1 it [n ~ ~3 n 133 - ~ , I I F I1 I Il ~ II €d P k F { F F 3 , e 1 - I; - - - - - - - - - - - - - - c n EI ! I ~ f, y I C m 13 in Ik 13 I 1 _ irlVt li N 1 or) 11 , I k ~ IJ „ 1V - C7 f3 ~ - --tpp Cf) II it r 11 k V S[ , I 3E } [ 13 1 3 13 ~ T t i F ! I Fn S ~y 3 _ll ! 1 j m } f :rC `I 1 yl rA7 1 1 FLOOR PLAN Garden's by Bachman's Byerly's Eagan Description. Size Sq` Details Picture Fence Safes Yard 58'x 140' 8120 sq' Wood Split rail fence 1 Parking Stalls used 32 See plan Parking Stalls for customers 5 See plan Poly-tex Greenhouse 21' x 60' 1260 sq' Weighted down with water tubes Covering for Registers 10` x 10' 100 sq' Tent 2 23 Wood tables 4 x 7 28 sq' See picture 3 4 Cinder blocks/table See picture 3 Poly tech metal shelves See picture 4 Soil & Mulch Pallets 4 x 4 7' Maximum height upon delivery 6 Grocery Carts for customers Contained within fenced area 4 - 6 Annaul Carts for store use Contained within fenced area 5 Fenced entrance will be chained when the store is closed w sign 6 Product Indoors Outdoors Fixture Picture All product will remain within the split rail fence. Bagged Soil X Pallet Bagged Mulch !q cl X Pallet Assorted 1 gallon perennials X Tables 7 Assorted tubs of annuals 2. do mas X Tables 8 Nursery material X On ground 9 Assorted flats of annuals X X On Poly-tex 4 Garden Hardgoods X Streater shelf 10 Temporary Sign Tx 8' X on end of strut 11 3/2/2009 Contact: Don Swenson 612-861-7721 Jeff Pilla 612-861-7690 RECEIVED MAR 0 3, 2099 DETAIL SHEET uardenmmart seasonal retail greenhouse J--_ RECE iv Call for Quote _ c MAR 0 3 2( 1 i 800--852-3443 YG :kF t r~47'~ .Q F i F • k a R Fin~nCe _ _ it today with ' v t. paymerus€ .r all or visit vwvw.poly-tex.com The Garden Mart@ is designed to be a modular, low-cost, and movable sales building for added spring plant sales. our most popular selling model has been engineered for superior strength, easy future expansion and dra- matically simplified set up. It offers protection for your plants and shopping comfort for your customers. You can custom configure it with many differ- Snap button design T system he options to suit your specific needs. is e ~ connector time ma designed ed to to simplify set up time making the Garden Mart one of the easiest seasonal retail structures to erect. s Roof & end wall poly film }3' z 43 Choice of white or clear poly with Wiggle Wirel N attachment system. Hold down systems a:- i Choice of wafer tubes, ground stakes, or leg stands ~ x 1 pp~~II to suit your needs. k r # integrated center benching Elmo ni _ - , Choice of either Flat Starker or Tiered. N ® Roll-up side Ventilatiorl integrated side benching Built-in side display brackets and optional bench tops get you up and selling in no time. Just add plantsi Natural Ventilation Four runs of hanging basket purlins * Saves money N~ 3 Display your baskets attractively and within easy reach for your customers. * Simple operation ' f Double sliding end door * Full range of ventilation positions Six foot wide, double door slides out of the way to , allow your customers easy access. Optional addition- * Self-locking gearbox } ` ..,k T al end door provides flow-through customer traffic. Slide-Side ventilation Now available with roll-up side` Keep your customers cool and comfortable and your Visit poly-tex.com or call 800-852-3443 for more informatio[ plants in optimum selling condition. 10 www poly tex.com r 800-852-3443 [rJ Sam's Club - Item Images Page 1 of 1 Da i~ s i 1 F f 1 gbipai47 RECEIVED MAR 0 3 2909 3/2/2009 "ZA a y b '.a~° Ted. .,l,:d_~y~.:., u~► !Y~-~~~i- 4,.._~_': ice' ' •n,~ti~+yy F~~~~ F~ ~ ~ .x'• L+Y ~f+4'~-T,^4~ ~3'~-:e . ~~X•~ li~.~ ~~F ~i 1 ~ '-•`i gip': 'y~~ -.r-4 '~~r i~ s °Sr C 3 - ~W ~~:x - RECEIVED MAR 0 3 2009 DU Clem S e im 7 2U F"3v ASSEMBLY tri-step display The FB3020 is are impressive display that creates a cascading Is display of color with your products to draw in customers. The _ s r . * u w bench tops "step' from 3G" to 24" to 18" deep. In addition, the money-saving modular design allows for unlimited display ci: to-back lengths to and create future expansion. It can also be used back- 4 5•` , eate a high-capacity center aisle. ; Constructiort: Galvanized steel Capacity: 124) 1020-style flats per G foot section Optional 27-inch high purlin holds IG) i 0-inch hanging baskets per 6-foot section ❑ptional 2G'/a" high standard basket tower holds (18) 3 0-inch hanging baskets r, Optional 29'/z" high "K-style basket tower holds 1121 10-inch hanging baskets Base i]imensians: 72"w x 39"d x 60"h F B3020 Shawn with optional basket purlin. patented DECEIVED MAR ff' ~ Connected Runs F83020 shown with optional FB3020 shown with optional s - ■ a _ r r - e + ■ ■ - expanded metal and basket purlin. expanded metal and gasket tower. r . ■ 6' display 12' connected run,. =xpanded metal penzh tops Add $GS $372 le In 6 felxpYa Per 6' Section - Sa av/purlin $401 Q Standard tower with canopy Add $132 wrt$22O i~ii?Y"~1R ehdceof fedlshownl.bhx.greenorY~Irnwad tvtaeWkeIS'ontyl Wltavveawer $ ~ Z " w1#ower $474* ` v acs Whke ripe rify IVW wo. A-lower with canopy Add $132 Choke or red. hhle [ShOWnl. green oryenow and per 6'secddn 16• aryl 18' connected run 24' connected run u w~vtestnpe.inA18 =f nlA, 545 71 Powder coating ]bma a efa36 green Sred] starPer 6'Stin tin at $76 NNE w/purlin $594 wlpurlirs $781 Add $ 84 wltawer $ 696 w/tower $ 918 ` Casters Available on 6' unu per 6' SCCdon Connected Run starting at $173 per 6'secik Those aril] Visit poly-tex.cotrt or call 800-$5x-3443 for additional lengths avid configurations. FQt3 Castle Rock, lvlfd. ' Please speelfy either standard basket tower or A--style basket tower when ordering. 800-852-3443 4D wvvw,pvly-tex.cam l r ^ s,5p y~r RECEIVED MAR 032009 _ LET atr~ ~ns,e HAYS = •.,g 'p f . Gi[6.~c~! 3- . If M These Prei~ises acre under = !'7 1 H24.Hbur Su Voillar ce Trespassing, ~Tandal~sm ar Sealing Is Proh bUdd l! x 3 J Re~~ar For ar y,mfnrmat~on leading to th6 Jarrest aril eonuict~nn n any persons fOu'ri shop(jfting or Vandalizing Ps 1 T, x1 ~ :r' - r r~ ,_s y4c. if_ .ti..~. _1.Sx~n6K•..r n RECEIVED MAR 0 3'2009 7 Sr2 - s TARGET f L i r - rk x ~ a ~ RECEIVED MAR 0 2009 k ia, - _ :.'ru'b ~ • RECEIVED MA~ ~ ~ 2gog _ •~•frr 3• ~r i~ "g~ • r :h ~a('+rl+r~ ti vf: " . '~;'4~' ~ -..Y~_ , a~J • ~Tf y- ~ -r' ~n~~r a? • r i•,t ~ - r ~ r - elf T ~ ~"a"~ ry _ ~ 'f ~'"~~1~3~: f ~"•i..7" ~s;..,.q~ i•7~`r` k !'~yf-~~~r ~ar..i~~ y ,I 1~~ ti rv _ - -wv@ i3 i' rs yam:. NS5 oll z[_ ~ jjP~`~~~'~ r~j~'.~~~~,•vrl~.~ ~~~ya':~s ~ ~J~~ ~ }ze~.`rhry : ^-II ,~~:a~ Y k'~ '¢?rte' ~^~~~`•~`Y~lti~+~ii?5='~f.:.l•rS ~~refp,_ ~e~j~r!'~.~ ""z vx ~ ~ I ~r:r,~r-.Ts`; _ "r~4,i`,7 •~it•i ,~a~" = ~ ~.~,+~~xr~.+~-_ ..n -"~'-7~r.~..'.• .s fir ~ •V..~•~~~~-~,~y r~_ ~ x•. z r' S"'~i ~'~~"'~@~ ~~Fk= T~?:4~:I.j~j;~lr~s MYy^j;. is••~, .u. = . - ~ -S JSr~,•"~ ~ ' ~ r'iP. ' ~C rr~ ~~:srt••F•St~i' •`t'-"'~'t ~#y > . y ~~'•'^T'- ;~v~y{:ery ra'~f-~ TSe~f-i: {~d, 7"r sy• .3r(" .C?-^r+r:K~. ~a~~`F-+~'r,+i F~S~~~~~~~r~'~c ~~:E~~i~~{!T;~~" ~•f, ~"r~ C'•,y. l]?. +~~e~ ti+i r'-- f.-i •1 `v:_I~::::~'=':: h'~7:,{:.iY RECEIVFD MAR 0 3 2009 9-7 ,r he T x~ 7 L• 1 4[a1 0Z RECEIVED MAR 0 3 2999 [ r~'- -c i ~,~}•k~o„f ~ F y:: ~_.a'a~ ~ a, ~ R : i ~T,., S 4 t 1 ~ 2 T -ti 7~ -"J , v v _ E ?r ~ 3 i z 5 ~ ~..a».-:~'~.c- ~ ~ _ ~ 3 [ ? _ a !s 5} a''~ C-.? } r SFn Y'~ k 1 3 1, t [ [ f ~ ff~ 7 1 ,71i F ~ C ! C } S .~a~ r L 1 F- { t C l L 1 k c -1 Y - 1 f t ~ ~ L, i 1 R C IVE.0 MAR 0 3 2699 - 711 CL VIRUS ~ -b, _ .,c'~..a '.~'>A:=~ `5 `'~r -mot i = T v~ ii CJ .-fMI~c-a r..2 103 KI., lcw-YNy aS 2""~.. nA is 6 f t u~ ~ t 3~ `~-$1~ ,k~~ ;ii+.i Y,f PMLc ~ ref t ,ks ~~S a Ya t WW~ ~Tt ~ n ' .AT , F z i c 'fir ~ r - ~ ~ t•^- S r ---t i..:s is ~i~ ~ i. { k ~fK - ~ x'i 'Y ...BUJ tea I ~4:a c FS MIL 5 LE `'l~. ~ t - Y' ,-M,;r~ rW ..-„k 3 + ..Srrc.-'' a~-~ 5. ~~-,y »s cY' ww~ IN i ^ ~ g.~.~ _ i ~r° ~ n t i~~ r 3 ~ ,...f,~ x t F •3 ~ ~ t i ~ ~ ~ ~ ~ ~s yes t~- ~ ~ n ' i s ~ t i_ :SY ~ °x Gx ~~I ~ ~yx~-~: '{S7 C-F 9"~~], t-. f ~S ~ ~`-j.G, 'F .S .2 1Z.4atl z: it - ~ i ~~17 [•c i ~ ~ f~ ~ ~~4 a-.. y f~'i r ~ ""f' i ~-.F`ii r u'._ - ~u k,r?5~..:.V s.~ .sr~.-. ~-~i f, .y'`~•r Sr d.,. '~l.,.~.?c. ~k, ~ h-ACHM-ANS., PLANNED DEVELOPMENT AMENDMENT REQUESTS BACHMAN'S SEASONAL GARDEN CENTER 'What we want: a We are planning to operate a seasonal garden center adjacent to the Byerly's store in Eagan. We will set up between April 20 and 24. Sometime between April 27 and May 1, we will stock merchandize and begin selling. Around June 15, we will begin to do a clearance sale and close up and remove our temporary location by July 1, 2009. Existing land uses: ® Currently the land is used for a parking lot for primarily Byerly's employees. Employee parking will move to the South and East. Surrounding lard uses: ® Surrounding land uses include restaurants (fast food), banking, professional buildings, and roadways, including 35E and Yankee Doodle Road. What impact on the subject property and city services: Impact on city services will be minimal. We will use slightly more water than the current landscape irrigation. We will also have some impact on the current employee aisle of pa rking. Does the requested land use proposed result in better use of the lard: The requested use of the land will provide easier access to quality garden products for all current Byerly's and strip mall shoppers, Narrative of public benefit: Our free standing seasonal garden lot will provide the residents of the City of Eagan with an easy way to access high quality garden products from Bachman's. We have experienced extremely positive sales from our sidewalk presentation and know this seasonal garden lot will be both attractive and well received by the residents of Eagan. Attached are photos of our seasonal garden operations in St. Louis Park from 2008. hgs 2117/09 RECEIV'I D rr 1 0OR AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER April 7, 2009 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - Request for Extension of Development Timeframe for Blue Gentian Corporate Center 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Cheek Point and Update on Revised Preliminary Concept Plan for Phase I of Care Area Redevelopment F. OTHER BUSINESS G. ADJOURN !aa Agenda Information Memo Eagan Economic Development Authority Meeting April 7, 2009 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. • MINUTE - Fhe minutes of the March 16, 2009 EDA meeting are enclosed on pages/04=/OS G63 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 16, 2009 A meeting of the Eagan Economic Development Authority was held on Monday, March 16, 2009 at the Eagan Municipal Center, Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Tilley and Commissioner Hansen. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. ADOPT AGENDA Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the March 3, 2008 EDA meeting as presented. OLD BUSINESS There were no Old Business items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT REVISED PRELIMINARY CONCEPT PLAN FOR CORE AREA REDEVELOPMENT Community Development Director Hohenstein noted that the City Council received a presentation of the proposed revised preliminary redevelopment concept plan for Cedar Grove at its workshop meeting on March 10, 2009. At the request of the Council he compared the 2007 concept plan and the currently proposed concept plan as well as the 2007 market study and current information. City Planner Ridley explained how the concept plan is related to zoning districts and formal approval. The Commission discussed the proposed concept plan after which the floor was opened for public comment. Six citizens spoke. Their comments were in regard to the following: • Affordable housing • Open space 1 park space 1 gathering spaces • Previously discussed village concept ■ In flavor of hotel and apartment building Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve a revised preliminary concept plan for Phase I of the Cedar Grove Redevelopment Core Area with direction given to the developer and staff to address items noted by the Council as they prepare their development applications for formal review and to schedule a check --in with the developer to review the status of the plans at the EDA meeting on April 7, 2009. Aye:5 Nay:0 CEDAR GROVE PURCHASE AGREEMENT Community Development Director Hohenstein discussed the Master Real Estate Purchase Agreement for the Cedar Grove Redevelopment Core Area. Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the Master Real Estate Purchase Agreement for the Cedar Grove Redevelopment Core Area. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. ADJOURNMENT President Maguire moved, Commissioner Tilley seconded a motion to adjourn the meeting at 8:05 p.m. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting April 7, 2009 1. NORTHEAST EAGAN REDEVELOPMENT DISTRICT - REQUES1 FOR EXTENSION OF DEVELOPMENT TIMEFRAME FOR BLUE GENTIAN CORPORATE CENTER ACTION TO BE CONSIDERED: To approve (or deny) an extension of the timeframe for the first phase of development of the Blue Gentian Corporate Center in Redevelopment District #2-5 and to authorize the FDA President and staff to execute the necessary documents. FACTS: ■ At its meeting of March 6, 2006, the EDA and City Council approved a TIF Development Agreement between the City and MG Eagan for the redevelopment of property in the Northeast Eagan Redevelopment District No. 2-4. Since that time, the City and the developer have completed the assembly of the redevelopment property and the developer has received approval for the development of the Blue Gentian Corporate Center project. ■ In addition, the City has approved the decertification of a portion of District No. 2-4 and the recertification of a new TIF District No. 2-5. • On June 17, 2048, the EDA and City Council approved an amendment of the original TIF Development Agreement for the property to align the term of the agreement with the term of the recertified district. • The amended agreement reflects a requirement of state law, that if after one year of the sale of property by the City to the developer, the developer has not commenced development of the property, the City has the authority to repurchase the property from the developer. ■ While McGough has actively marketed the site since its approval, it has not been able to secure a tenant for the first phase of the development to date. In consideration of the current development and credit markets, the developer has forwarded a letter to the City requesting an extension of the one year tixrmeframe noted above. • The legal requirement is intended to provide the City to step in if a developer is not actively pursuing the development of the property for the intended use in a timely manner. In consideration of the developer's efforts and the effect of the current economy on development activity, the requested extension may he in order at the discretion of the EDA, ATTACHMENTS: I ■ Location map and development plan on pages[ o-1 through)bq • McGough letter on pages through _LLQ Reagan Boundary `Right-of-Way Location Map f ParcelArea F E Park Area r I Building Footprint Subject Site wo r.~ r R . ...-..Gl11tla6R 6i ~ Q 3 ti , d r u0q ¢4 L ' El ~T - 1000 a 1000 21700 Feet Development/Developer: Blue Gentian Corporate Center Application; Extension of Development Timeframe Case No.: EDA Consideration /07 City of q gp >v !p E[[ TEAS MAP IS INTENDED FOR REFERENCE USE ONLY w 0 Tha City of Ragan and Dakota County do not guarantee the accuracy of thls Information and are 115 t-mmki"Ry DeyeEvpment Department not responslhle for errors or amisslons. - og~ g CD~ tu EL '71 L, ---NV-18 3115 -]Idb3AO \ 3 ~ I ~10 ass 3 J 1 "-R1a i Lai M~ i - \ z z all ~ y2~$ $ G6 } gg 9 R E 9 119 IHXA ma McGou h Five Generations Building Confidence March 16, 2009 Mr. Jon Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55322 Dear Jon: Thank you for taking time recently to meet with Tom McGough, Bake Balser and me. The McGough organization continues to be committed to the successful development of the Blue Gentian site and is proud of the site, and our partnership with the city of Eagan. Unfortunately at this tinge, we find ourselves in an economic environment in which capital for development projects is almost nonexistent, Financial institutions are unwilling to lend money to good developers for good projects simply because of the errors of the past in the housing market and some commercial markets. This has led to a tightening of credit unprecedented in our country's history. The collapse of major financial centers has been well documented in the press, and has led to uncertainty about business health and expansion. Specifically to the Blue Gentian site, we have seen tenders who wanted to provide financing for the first phase (80,000 square feet) leave the market. hi addition to those who are no longer lending, other lenders who ordinarily would have provided construction financing on the first please are now asking for significant pre-leasing before they will even consider the project, We have the site listed with Transwestern who continues to market the site for tenants. However, the lease market is quiet at hest at this time. Most companies are internally focused and forced to examine their own business model to ensure survival, Because of this internal operational focus, expansion to new sites is almost unthought of in today's corporate environment. Because of the convergence of all these issues in the economy, we find ourselves having to defer the development on the Blue Gentian site. Our original plan was to begin vertical development in the spring of 2009. However, without a tenant identified, and therefore, without capital, we will be unable to begin development pursuant to our plans. ST. PAUL 2737 Fairview Ave, N, Ss, Paul, MN 55113 1 651.633.5056 € 651.633.5573 r II' ROCHWER 3555 Ninth St. NON, Suite 100 Ruhester, MN 55901 1 50'1.535.4870 F 501.536.4867 PHOENIX 4720 F. Wtoo Gin Loop, SOW 100 Phoenix, A2 95040 1 602.522.9897 # 642.522,1842 AI Lk. No, ROC203540 Because of these unprecedented economic conditions and the impact it has on our development timeframe for Blue Gentian, we respectfully request an amendment to the AMENDED AND RESTATED DEVELOPMENT AGREEMENT for TIF District #2-5. The amendment we request is to defer the date for the commencement of the Phase I Minimum Improvements in Section 3.3 to July 1, 2010. As you consider this request for an amendment, rest assured that we will continue our active marketing of the site during these difficult tunes, and have been and will continue to explore alternative capital sources. Our hope is to find a tenant and capital so that we can move forward oil the development as soon as possible, We would be happy to meet to discuss any issues you have with this request at your earliest convenience, and we thank you for your willingness to consider this request, Very trul Bart Z* r i Executive Vice President McGough Companies a Agenda Memo Eagan Economic Development Authority Meeting New Business April 7, 2049 2. CEDAR GROVE REVISED CONCEPT PLAN UPDATE ACTION TO BE CONSIDERED: To receive an update regarding issues identified at the March 16, 2009 EDA meeting relative to the Revised Phase I Preliminary Concept Plan and provide direction to staff and the developer on those items for the submittal of a formal development plan application. FACTS: • The City Council received a presentation of the Proposed Revised Preliminary Redevelopment Concept Plan at its workshop meeting on March 10, 2009. At that time, the Council forwarded the item to the EDA meeting of March 16, 2009. • At that meeting, the EDA formally approved the Revised Preliminary Concept Plan for a Phase I development of three project elements that had been identified in the areawide Preliminary Concept Plan that had been approved by the EDA in November, 2007. Those elements were a 160 unit hotel, 250 unit apartment project and 150 unit senior rental facility. The plan also showed 13,040 s.f, of the 97,000 s.f. of new retail shown in the approved preliminary concept plan and 29 acres of space available for • As a part of that action, the EDA noted that concept approval means that details are to be addressed as formal development plans and applications are prepared. To provide an opportunity for the EDA, staff and developer to review certain issues further before those applications are submitted, a check point meeting was scheduled for the April 7 EDA meeting. ■ Doran Pratt has submitted a series of illustrations in response to the EDA questions regarding pedestrian connections, streetscaping and building elevations and finishes. The hotel developer is based in Fargo and, as a consequence of the Red River flood, was not able to complete elevations of the hotel in the layout they are proposing to build. They have forwarded an illustration of the architecture and finish material options that are being proposed for the hotel in Eagan, ATTACHMENTS (New Items in Bold): • Development District and Core Area Map on page ■ Staff memo regarding EDA issues on pages ]r through • Cedar/13 Study Report on pages I @A through ■ Cedar Grove Design Framework on pa es through ■ Pedestrian Connection Plan on pages through ■ Architectural Concept Images on pages through • Neighborhood o unications received since the March 16 EDA meeting on pages fkc-~- through March 16, 2049 EDA packet memo on pages 7D through 0 2007 Preliminary Redevelopment Concept Plan on page 1-7q r Proposed Revised Preliminary Redevelopment Concept Plan on page/ -7 S_ Doran Pratt letter on pages M through •t ^ t,-r~tt~ r r ~ a t r wit Ott-~•z r ~ ! w i s f3 ~ { ` ~ .F.J Ffi a F ¢ ~E '1~'rx~r-riarr ~ - ay iI7 ❑ ~ ~ ~~i / t qq ks~ ) 7 fig r~ 01 t1f~ ~ 4 s . is ►r.-r 7a ~ ~ r ~ ~ _ • ~ ~ W ~ ref, r! : ~y :sue ~ MEN City of ETO: TOM HEDGES, CITY ADMINISTRATOR FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR MIKE RIDLEY, CITY PLANNER JULI SEYDELL JOHNSON, DIRECTOR OF PARKS AND RECREATION GENE VANOVERBEKE, DIRECTOR OF ADMINISTRATIVE SERVICES DATE: APRIL 3, 2009 SUBJECT: EDA CHECK IN AND UPDATE ON CEDAR GROVE REDEVELOPMENT PHASE I ISSUES The following memo overviews and provides additional information regarding questions and issues raised by the EDA during its March 16, 2009 consideration of the Preliminary Phase I Concept Plan for the Redevelopment of the Core Area of the Cedar Grove Redevelopment District. In addition to the written background, the project master developer, Doran Pratt will present information and illustrations at the meetings as noted below. BACKGROUND A number of the comments and questions that have been raised revolve around the definition of a "village" in the context of new urban development. While everyone has a perception of a village from their own experiences and those perceptions often relate to smaller, more rural villages, the use of the term in a new urban planning context means a walkable, landscaped, mixed use development pattern that makes use of higher intensity uses and vertical structures situated closer to streets than is typical in suburban communities to create a more urban streetscape with a number of different uses in closer proximity. The intent is for people who live and work in the area to have options for shopping and recreating within a closer proximity, while increasing the likelihood that people visiting the area will be more likely to park once and be able to make use of more than one element of the area. Both the Cedarl1 3 Study Report and the Cedar Grove Design Framework lay out the principles that are intended to shape this definition of a village development. The Cedar/13 Study actually lays out one approach to the concept in which the Village Plaza was primarily defined by one mixed use street, surrounded by higher density housing and a potential resort hotelloffice tower/transit station complex. This was not necessarily a right way or a wrong way to implement the village concept, but it illustrates one possible definition that came from the original study committee. The fact that the principles for the area can be carried out in more than one way is the basis for the frequent reminder that we don't marry a particular picture. As the City moved further into the definition of the principles for the district, it developed the Design Framework, which is a set of ten guidelines that were used as the basis of the Cedar Grove Zoning District standards. The introduction to the framework notes that these guidelines are intended to "give some character to the development based on time-tested principles of urban planning and architectural design." It goes on to say that implementing them will involve a combination of community aesthetics and realistic standards of marketplace economics. It notes that not every development will make use of every principle, but that the City will need to balance and combine the principles as it approaches the development of the area. The design principles outlined in the Framework are different from the five principles the Council and EDA refer to as the basis for their vision of the area, but they are supportive of that vision, particularly as it pertains to the way that the City will work to carry out the goal of applying a new urban approach to creating a walkable, transit-oriented, mixed-use development. UPDATE ON EDA ISSUES The issues and questions raised at the EDA meeting on March 16 are listed below. Since that time, staff has worked with the developer, its fiscal consultant Ehlers and Associates and the Dakota County CDA to provide additional information, additional detail and responses as appropriate to the topic. While further questions will arise and need to be resolved throughout the development review process, this information is intended to assist the EDA in determining whether the issues are being addressed or that means of addressing the issues have been identified. As a checkpoint in the process, it will be an opportunity for the EDA to confirm certain expectations and give further direction as necessary. Walkabilit and Connectivity - In consideration of one of the central expectations for the area, that it be pedestrian oriented and walkable, the EDA directed the developer to prepare a schematic Pedestrian Connection plan to illustrate the sidewalks and trails that would permit people to walk and bike within and around the area and to connect to the existing trail system and amenities in the area. While sidewalks were illustrated on the Phase I Concept Plan, the diagram was at a scale at which they were not clearly visible. ~l~ The developer has prepared a plan that shows trails or sidewalks along both sides of all of the streets in the core area and showing how connections to existing trails on Silver Bell Road and Rahn Road as well as potential connections to the lower portion of Woodhaven Park from the intersections of Cedar Grove Parkway with Rahn Road and Gold Trail. The developer has been asked to use the plan to show how walkable connections could be made between the residential, retail, entertainment and transit areas in and around the redevelopment. In specific response to one of the neighborhood concerns, a bike trail is already planned for the south side of Cedar Grove Parkway, form Nicols Road to Rahn Road, where it will connect to existing trails along Rahn and the Parkway. In addition, the developer has been asked to present illustrations of the planned streetscapes in the area or examples of comparable streetscapes from other Doran Pratt Developments. The basis of the streetscaping would be the current entrance monumentation, streetlights and other streetscape details that were installed as part of the Cedar Grove Parkway project. These are essentially the same details and elements that have been used at Central Parkway and on the Northwoods Overpass. Parks and Public Space - While a number of the proposed concepts for the area, including the Doran Pratt Preliminary Concept Plan included areas designated as parks within the core area, the Design Framework anticipated that most public space within the development would be made up of landscaped streetscapes and small plaza spaces at natural public gathering places, rather than large, new park spaces. Under the City's Comprehensive Plan, the Cedar Grove Redevelopment is intended to have its primary parks needs met by Woodhaven Park. Woodhaven abuts the redevelopment area and is among the City's largest neighborhood parks. The Comprehensive Plan anticipates situations like that in Cedar Grove by indicating that parks and recreation needs within a park service area are to be met primarily by the neighborhood park. In the case of Woodhaven, it would be necessary to build on the pedestrian connection plan to improve accessibility to the park and it would be appropriate to consider whether additional improvements or facilities would be necessary in the lower portion of the park closest to the new residential areas in the redevelopment. The Comprehensive Plan goes on to say that the City may consider additional recreation spaces, if particular needs are identified within an area that cannot be met at the neighborhood park. To this point, when the Parks Commission reviewed plans presented by a previous developer, they requested that the developer provide data regarding the number and demographics of the new residents expected within the area and a description of any private recreation facilities that may be included in their projects (tot lots, etc.). From that information, the Parks staff and Commission can determine whether additional recreation facilities are necessary within the area and, if so, how the needs would be met with existing or new spaces. Parks Department staff have indicated that it would be their intention to approach the issue in the same way with the Doran Pratt development plans. Retail Elements - The original conclusion of the Cedar113 Study was that the one of the primary reasons the Cedarvale shopping area had gone into decline is that the combination of reduced accessibility and visibility, together with the development of better positioned retail centers meant that the area could not support the amount of retail development that previously occupied the area. Subsequent market studies have indicated that a substantial amount of the retail demand within the area is met by existing businesses in the Shoppes at Cedar Grove on Silver Bell Road, those at the Cedar Grove Business Center on Cedar Grove Parkway and Jensen's and the Cedarvale Bowling Center. In the current economic environment, the additional residential and hospitality development in the area will act first to reinforce the existing businesses and fill current vacancies in the area. As the economy recovers and new, market supportable development occurs in the area, additional retail interest may come forward to take advantage of momentum in the area. This may occur in response to the hotel on the two retail pads shown on either side of Jensen's, across Cedar Grove Boulevard along Highway 13 or at the west end of the development area adjacent to the Cedar Grove Transit Station. Even though the market studies haven't supported as much retail as the City has expressed a desire to see in the area, staff and the developer have and will continue to explore retail and food and beverage prospects for the area. It is also important to note that one of the challenges that will need to be balanced in the east end of the development is that Jensen's and the Bowling Center currently require more parking than their sites can provide. Since both uses peak in the evening and structured parking is cost prohibitive, the next most effective strategy is to attempt to locate uses that peak in the daytime for the 13,000 s.f. of retail space shown in that area on the Phase I concept plan. Daycare and office uses in those locations would offer the best opportunities for shared and complimentary parking. Other new business alternatives may include the existing businesses themselves, if they were to expand their daytime activities to offer additional daytime products or services for the neighborhood and community. In any case, if additional new retail development is to occur that would compete for parking at the same time as the existing businesses peak, it will be necessary for that to occur elsewhere within the redevelopment. There are a number of options for that to occur in the future development area. Ir7 Images of [Uses - The EDA gave a number of directions with respect to the expected appearance of buildings within the development. These included illustrations of the architecture and finishes planned for the hotel as well as the apartment and senior housing elements of the Phase I concept. The developer will present elevations of the planned structures, photographs of similar projects they have built or both to respond to this direction. As part of the development application review, the proposed architecture and finishes will also be compared to the requirements in the Cedar Grove Zoning District standards for percentages of Class I building materials, architectural relief, pedestrian scale elements and other standards whose purpose is to support the principles in the Design Framework. Compact v. Dispersed Development - The EDA asked the developer and staff to assess the merits of the proposed compact layout of the projects illustrated in the Phase I plan and a more dispersed pattern, for example, if the same elements were to be constructed in the locations shown on the previously approved Preliminary Concept Plan. The primary merit of a dispersed layout is that the undeveloped space between the uses might be developed in a manner similar to the previously approved plan if market conditions would support it over time. The reasons that the developer proposed the more compact layout are that it allows one part of the development to be and feel substantially finished for the residents, visitors and customers coming to the area. It minimizes the sensation of disjointed and unfinished spaces over the years that it will likely take for future phases to be completed. It also reduces the need for residents and visitors to drive through construction zones. In addition, the approach maximizes the contiguous area for future development, providing the greatest flexibility to meet the needs of future development prospects, particularly if the market will support desirable elements different from those shown in the previous concept. It is also important to note that part of market supportability is balancing the Iocational preferences of particular uses within the project and the senior housing prospects have expressed a preference to build away from the highways. A practical reason related to the hotel location is that the site at which the hotel was identified on the previous concept plan includes property that remains in the acquisition appeal process. If the hotel developer is to move forward in the near term, it would be necessary to do so at a different location than was planned previously. Reduce Gra field W The EDA noted that there is a desire to apply Low Impact Development techniques and reduce the extent of grayfield to the extent possible in the area. LID strategies are important and should be applied as much as possible to support an attractive environment that people will want to walk and gather in, but to facilitate the higher densities, it may be necessary to rely on more traditional storm water treatment and management techniques that were built into the Hwy 13 ponds. The new urban approach begins with the notion that the elements will not be low lot coverage structures set in the middle of a lot, but instead will be higher density and intensity areas that are walkable because of the proximity of larger numbers of living spaces and activity opportunities within the same area. As noted above, since structured parking is cost prohibitive, even when underground and shared parking strategies are used, the densities anticipated for the area will tend to result in a substantial amount of rooftops and parking. As was also noted above, green space in new urban developments is expected to be provided primarily through properly scaled and treed streetscapes and shared public spaces. Cedar Grove is somewhat unique among new urban developments because of the proximity of substantial public green and open spaces in the immediate vicinity. The presence of Woodhaven Park adjacent to the development is complemented by park and wildlife preserve in the Minnesota River Valley and the planned bicycle connections through that area. In response to a specific question from the March 16 meeting, the developer was asked whether increasing the apartment structure from three stories to four would expand flexibility for either more internal greenspace or additional pedestrian connections. The developer has indicated that increasing the height of the structure actually makes it more difficult to meet the underground parking requirements already in the City Code and, as such, would actually create demand for additional surface parking, conflicting with the intended purpose. That having been said, staff will work with the developer to explore means of maximizing underground parking where possible. Affordable Housing - EDA members asked staff to explore with the developer and the Dakota County CDA the feasibility of achieving some of the City's goal for additional affordable housing alternatives within the first phase and future phases of the project. Prior to the housing collapse and foreclosure crisis, the City had established a goal for the Cedar Grove Redevelopment that it include a mixture of housing values, including 20% of the units being affordable by one of several definitions. That was also at a time when it was anticipated that a substantial proportion of that number would be made up of entry level condominiums. That having been said, the City has continued to work with the CDA as its housing arm to define strategies to provide affordable alternatives among the housing options to be developed in the area. Specifically, Mark Dlfers of the CDA has confirmed that an apartment project of the kind proposed by the developer in the current market probably only can be financed as a market rate project, because the traditional vehicle for multifamily 111 affordable financing is housing credits that provide tax benefits to institutional investors who use the credits to offset business profits. In the current economy, most typical investors have actual losses, such that the credits offer no advantages to them. While the City will review the apartment project pro forma to confirm its assumptions and to establish the property value for the land sale, it is not likely to change this analysis in the foreseeable future. While it may be impossible in the current or near term markets to achieve the 20% goal, the City and CDA staff have identified a number of strategic elements that would result in a substantial level of affordable housing options in the area, scattered within a mixed value environment supportive of the intent of the goal. Those elements include the previously approved 24 unit young adult supportive housing project that will begin construction in the area in May, continued efforts to locate a site for a 3040 unit workforce rental housing project near the Transit Station, conversations with the developer and prospective development partners for a mixed value rental projects with affordable components in future development phases and the potential that some of the owner occupied housing proposed in future phases may be at entry level pricing to be market supportable. The developer has previously indicated that it is likely that a portion of the units in the senior housing facility will be at affordable levels, depending on the final financing for that project. The primary expectation in this area will need to be that the developer will continue to work with City and CDA staff to explore alternatives to achieve elements of this strategy moving forward. Financial Questions - In addition to the more detailed financial analysis that the Finance Committee has been charged to review, the EDA asked for two specific analyses at the March 16 meeting. Ehlers and Associates has prepared those reviews and is available to discuss the outcomes. The EDA asked what the cost would be of delaying the proposed development by two years and waiting for the market to recover. While there may be multiple variables that could change clue to a market recovery, staff asked Ehlers to focus simply on the impact on TIF revenues if the same project were to be done on the proposed timeframe or delayed for two years. The time value and cash flow analysis resulted in potential lost revenue of $1,011,000 million for the delay. In addition, the EDA asked the extent of the effect if there were phases within the proposed Phase I plan. It should be noted that the proposed plan already anticipates some elements starting at different times. Specifically, the hotel developer proposes to build the first 80 units and common space, before starting the second 80 units and the senior housing element would be planned to start construction sometime after the apartment project. In order to give an order of magnitude of the contributions of each of the elements to the overall TIF revenue for the area, Ehlers broke out the revenue streams for each and the indicate that the hotel will contribute $437,000 in TIF revenues, the apartments will contribute $2.7 million to the revenues and the senior housing will contribute $1.8 million to the revenues, CONCLUSION The developer will provide additional information at the meeting on the 7th, including the building elevation graphics. The developer, staff and representatives of Ehlers and Associates and the Dakota County CDA will also be available to respond to questions at that time. 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U a] nJ D U ?r- cd n1 f a) rJ O 7 4-4 v3 yfl 1 cd F G] ~y ~U v 4~ Y M ~ Y f\ 7j 1- 0 C.~ V~ ❑ _ -d U+ d U 11) 00 ~n Q) Y) ID -0 cv 4 47 r LU 4-5 ern 0 N U C] 1" d o a 0 -15 lr~ X~ "d 715 En p 4~ Cd 7j D cad ns o i:4 5-4 ' D a N (D 1 5 ~2 o of ° Q i a ~ ' U, L _EJ bO z -0 -d 4.) v a~ as a 73 vp -d bD 71 7:; -0 cz~ °o o U a 0 qu SJ Y Q GJ ° U [U] d O N H -0 o o (D . . ~ ' v u L ~ L I~ { L ri I u r 1J C L3 € FI] ru v v p ❑ v +~.v9tE _ ❑7 0 a ❑ 14 U U C~ ,.C,JJ Q F- F Ul [J v a~ bn N a' Z 4 o o Q I ' ❑ - U ❑ A~j m W cd bA • co, v u m v C's H C t7s r, Z U) vt sn bip Q, o .~p Q en m c m v v v bf] rn ❑ ❑ sn Q a D D o ri C7 N v O j [CS `C3 > Q D7 bd0 ~ . [r~ Q] ^71n~J'm V ~ C O ~ fu r- E rn m W ❑ ❑ E Q m CCD 0 L 0'~ 74 LL a Csi ~ ~ ~ ~ Z O Sul _ O PC a x C4 r.L ~ '~3 3 a } 1 1- »r ri l-rf.a it : r ~ t ' 3 ~ ~ I ;r i E t Q & ~ d coo '~f W o l r ~ D 5 a. u C U 7 o ~ x w ~ ~ can ? ] o 3 a A Y- L ~y U f Orl '5 4 W p aSCR qw ou G • f] - 'JO U 5 U 'f v 54 5] w _S C4 R r ~ s f W M 5 Q .l A a, W M y 41 ~ L 1 Y G ~ y .a b7! 'c5. W ~ r~ ~ V ap COO R 0 W m .p 'a w P W tx3 C. u x. x l} I ti t ~ 01,4 '1 h r 'i x ~ ~ nil l ~ Sf€ r _ "cars. I r Y ~ Ly r 4 v_ ~ ~ STS T ' ,k 1r' 'H C a Sri n Q.. N - C!3 ct$ E v - . 4 - L _ Y N - o~ 4-a fla Jon Hohenstein Prom: shannon cannella [shannon.cannella@gmail, co€ ] Sent: Wednesday, March 18, 2[x09 3:33 PM To: Jon Hohenstein Subject: Re: FW: March 16th Vote Hi Jon, I was pleased with how the meeting went on Monday night. I also appreciated the opportunity to speak - though I had not necessarily planned to do so (1). Nonetheless, I'm glad I did and was impressed with how Mr. Pratt responded. I will look forward to seeing a revised sketch on April 7th. I will look at Silver Lake Village. I am a supporter of the new urban concept - and really a city person at heart. I moved to Eagan from Highland Park in St, Paul and before that lived in Mpls near the Stone Arch Bridge and also spent 4 years in Manhattan. At the same time, I love Eagan and all it has to offer and believe I will be pleased living in Cedar Grove and having the best of both worlds! Thanks again for all of your correspondence. Sincerely, Shannon Cannella On Tue, Mar 17, 2009 at 5:27 PM, Jon Hohenstein <JHohensteinDa cityofeagan.com> wrote: Shannon, Just a quick note to say that I hope that you feet more connected with the process at this point and that you lieard the Council include your concerns and others in their feedback and direction to the developer for their next levcl of detail and next ge€leration of plans. It has been a busy clay and I do intend to get some follow up information to those who wrote anal. attended. Please let me know if that is letter clone individually of through the association officers. In addition, please plan to attend the CounciI/EDA meeting on April 7 to hear how the developer is addressing those issues as they prepare their development application. One other thing you may want to do in the meantime is google Silver Lake Village or look far it through the Doran or Pratt wobsites. That is an example of a mixed use development that they did in St. Anthony Village. It has a combination of the apartment, condos (they won't build these for a while, but may use a similar form) and cottage home forms that are similar to what they are proposing here. While the apartments and condos are large, they give a different and more urban impression than most suburban multifamily pro iects and they are finished in a way that reinforces a street focus rather than a parking focus. The main street area of that development also provides an example of one way of executing a new urban retail area with the combination of offices and stores, I In any event, stay ill tosich. Jon t Jon Hohenstein From: Bruce Clark [bmclark93 a@comcast.net] Sent: Thursday, March 19, 2009 9:31 PM To: Jon Hohenstein Subject: Re. The Decline and Potential Fall of Village at Cedar Grove ion, Just spent over an hour watching the video of the 3118 counci 7 meeting on the subject and it appears to me that a 7most everything I wrote in my letter of concern was supported by what I saw (as we 7 7 as in an arti c7e in the Starrrib a coup 7e days ago). Eagan bean counters are worried about g,getting some money coming in from the area; Eagan citizens are feeling betrayed about the lose of the "vi 7 7age ' concept (a long with some counci 7 members who are apparently 77sten7ng to their constituents); and the mayor is trying to appear to s tradd 7e the fence to avoid pissing off HIS cons t i tuenc but is obvious 7y leaning toward getting some stuff on the tax ro 7 7s. Somebody better ask the concept p 7annex some tough questions about their estimates on projected occupancy rate for a77 the new "Market Rate" rentals and for the proposed hotel. If I were a resident looking for a place to rent or a business man coming for a meeting, I cou7d find a lot of places within a ten-mi 7e radius preferable to what you now have 7n your concept plan. Are you planning for another failure of the area? BTW, is this situation putting you under a Tot of pressure? You looked 1 ike a bundle of nerves on the video. But I noticed you never had a hair out of place. Regards, Bc - Original Message From: Jon Hohenstein To: bmclark930.comcast.net Cc: Tom Hedges ; Mira Pepper Sent: Thursday, March 19, 2009 11:05 AM Subject: FW: The Decline and Potential Fall of Village at Cedar Grove Dear Bruce and Pam, I've been asked to get back to you to let you know how to get more information about the Council discussions about the approach to the overall Cedar Grove Redevelopment and the proposed first phase and when the opportunities will be coming up for you to share your thoughts and ideas with them in the weeps and months ahead. If you want to see first-hand the discussion the This Week writer repotted on, both the March 10 workshop and the March 16 City Council meeting are being replayed on Cable Channel 16 and the May 16 meeting is also available as a webstream at www.cit ofea an.com. if you have a chance to review the video, you can see how the CounciI is addressing some of the points you are raising and how they have laid out the process to continue to receive input going forward. ~31 As part of its action on the 16`I', the Council asked the developer to begin the process of preparing development applications for a formal consideration of the first phase proposal, but also to provide a check in at the Council meeting on April 7 to address how they are responding to the input and direction the Council gave them at the meetings on the 10`l' and 16t', as they prepare the next level of plan detail that will go into those applications. At the point that formal development applications are received, that will set the timeline for the public hearing and further discussions of the proposal. We'll look forward to meeting you on the 7"' and visiting with you going forward. Jon Jon Hohenstein 9 Director of Community Development 1 City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651-675-56531651-675-5694 (l=ax) I ihohenstein@citvofeagan.com v city of 1 An OR THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AN©!OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and del ate the a-snail and its aitachments from a I I computers. From: Mira Pepper Sent: Thursday, March 19, 2009 9.25 AM To: Cyndee Fields; Gary Hansen; Meg Tilley; Mike Maguire; Paul Bakken Cc: Tom Hedges; Jon Hohenstein Subject; FW: The Decline and Potential Fall of Village at Cedar Grove From: Bruce Clark [mailto:bmclark93@comcast.net] Sent: Wednesday, March 18, 2009 7:28 PM To: City Council Subject: The Decline and Potential Fall of Village at Cedar Grove Dear city counts 7, we were aghast after reading "Main street meets economic rea 7 i ty" in the 31 issue of This Week. The Cedar Grove Conce~at Plan has deteriorated drastically from the original multi- use approach which 1 believe would have been attractive to a 7ot of people considering the success that simi liar deve7opments are having around the Twin Cit area. Now we're talking about just more apartments surrounding a bowling a77ey and a supper club in turn surrounded by apartments, townhouses, and senior housinq on three sides and h-7-way 13 on the fourth (not to mention the raci 7ty for "'at risk young adu 7 is " current 7y on the drawing boards). we are Cedar Grove residents within a ten-minute wa 7k of the area and we often wa 7ked down there even when there was almost nothing 7e ft. we were 7ooki ng forward to the day when we cou 7d wa 7k "down town hang around in the pub 7 i c areas, have a coffee, do some shopping, and wa 7k home w7 th our goods wh i 7e our "ozone destroyers" were parked in the garage. Now what do we have to look forward to? - dodging kids rid ng their trikes on the s i dewa 7ks ? 1 Uf 2 we're guessing that po tent is 7 city revenue is a prime factor in what's going on here "Get something bui 7 t down there so we can start co T 7ec ting taxes on it". if true, we think that is knee- jerk reaction and is a big mistake. You've got one area to v and you 're propos 7 ng to de ve 7op ha 7 f o f i t based on de ve 7o today s economy. maybe ten years from now when things are boom ing you' T T develop the second ha 7f in a Iota 11y different way (lets say multi-use). Then you 77 have one little cluster of mu7ti-use development surrounded by a mish-mash of other stuff. That sounds Me ke an i 11-conce i ved approach we think you peop 7e need a much c lea rer t ONG RANGE p T an . Cons i der7ng the number of years that the o 7d Cedarvi 7 T e has been in dec 7 i ne, I'm sure revenues dropped coeds i derab 7y and the City s t i 7 7 remained hea 7 thy. we be 1 i e ve you need to take your Director of De ve 7opmen t (Hohens to i n) into a room and have a little talk with him about the issues we've raised here. why don't you just convert the property into a big go-cart track un t r 7 the economy s tab i 7 i zes and you can make some more interT ,gent dec7sions. we promise we won't complain about the noise if we can hear it over the p 7anes from the north/south runway. And there had better be some pub 7 i c hearings on this before anything gets approved. Regards, Bruce and Pam Jon Hohenstein From: Jon Hohenstein Sent: Thursday, April 02, 2009 12:03 PM To: `sbattls@msn.com' Cc: Tom Hedges; Mira Pepper Subject: RE: Cedar Grove Redevelopment Plan Dear Sharon, Your email is being forwarded to the City Council for their consideration as part of the background for their discussions with the developer at their next meeting on Apri17 and I've been asked to get back to you in the meantime to clarify the Phase I proposal and share information that the papers didn't cover. The three elements being proposed in the first phase of the redevelopment (160 unit hotel, 250 unit apartment and 150 unit senior rental housing) are all part of the previously approved concept plan for the area. The apartment building is in the same location as previously shown and the hotel and senior housing project are being proposed to be located in a more compact way around the apartment site and Jensen's and the Bowling Center. While the current economy limits the specific uses that are market supportable at this time, no uses previously proposed are being replaced because options remain to locate them in the 29 acres that remains available for future development. In addition, the panting challenges already faced in the evening in the east end of the redevelopment when both Jensen's and the Bowling Center see their peals demand, mean that the retail uses that still can be developed on the sites of the former credit union and Shell station will need to tape that into account. As a consequence, some of the new retail in the area will be easier to locate and park in the future development area. The council has indicated that it remains committed to working with the developer to get additional retail and restaurant development in the area when the market will support it. In the meantime, it will be important for all of us to continue to support the businesses that are remaining in the area, because their success will attract interest froth other businesses that will want to take advantage of the same market. It is aIso possible that the existing businesses may expand their hours or products to meet more of the needs that the community is expressing an interest in. In addition to including your emall in the Council background for Tuesday evening's meeting, it would be good for you to come to the meeting to share your interests and concerns in person, if you are available then. The Council meeting starts at 6:30 p.m. on Tuesday, Apri17 at City Hall. Several items precede this one on the agenda, but the other items may move quickly, so it could come up relatively quickly. If you have other questions, please let us know. Jon Jon Hohenstein I Director of Community Development 1 City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651-675-5813 1651-675-5694 (Fax) I ihohenstein(ftityofeagan.com t THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND/OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the Intended recipient. If you received this in error, please contact the sender and delete the e-mail and its attachments from all computers. From. Mira Pepper Sent: Thursday, April 02, 2009 11:12 AM To., Jon Hohenstein Cc: Tom Hedges Subject: FW: Cedar Grove Redevelopment Plan From: SHARON BATTIS [mailto:sbattis@msn.com] Sent: Wednesday, April 01, 2009 8:51 PM To: City Council Subject: Cedar Grove Redevelopment Plan Eagan City Council: My husband and I are quite disappointed about the changes in the development plan for the Cedar Grove area, as outlined recently in the Pioneer Press and Sun newspapers. We had looked forward to this area being developed under the initial proposal. We are not happy to see the retail space, restaurants and civic space give way to more rental housing. While we understand that current economic conditions may entice the City Council to look at alternatives, we do not agree with the direction this project is going. And yes, we do have a vested interest in the final outcome of this project as we live on Ashbury Road which is located in close proximity to Cedar Grove. Last but not least, these changes are an insult to the small business owners who were and are being forced to relocate due to the redevelopment. We ask that the plans for this project be revisited:. How about asking the residents of Eagan what we would like to see in the Cedar Grove area since we will be the primary end users and will be affected by this development the most? I am interested in knowing how many other Eagan residents are not in favor of these changes. I know there are more, and I do hope you listen to our collective voice. I look forward to your reply and thank you for your time. Sincerely, Sharon Battis 3528 Ashbury Road Eagan, MN 55122 - Rediscover Hotmail@: Now available on your !Phone or BlackBerry Check it out. ' These page in our include dayti F ; Submit which resert THURSDAY, APRIL 2, 2009 APPLE VALLEY, ROSEMOUNT & EAGAN VISH US DNLINE FETTERS TO THE EDITOR Also n® impressed To the edittor: Your viewpoint (March 19) of the redevelop- ment plans for the Cedar Grove-area in Eagan was right on target. The redevelopment plans appear haphazard at best. I am very disappointed in some of the first development that has already been done near the redevelopment area, particularly the senior housing at the corner of Silver Bell and Cedar Grove Parkway. The building is out of proportion with the rest of the area and I can't quite comprehend why the building was dumped right on top of the intersection. If this is any indication of . what the planning is like for the whole area then I hope the city will stop it now and re-eval- uate what really is the purpose of this redevel- opment. It should be something that Eagan res- idents can enjoy and find useful. The tax-paying residents of Eagan and espe- cially those living in the area, and I am one, have never been asked what would best seive theta in the area. I am not excited about the idea of hotels and more multiple apartment buildings (I live in a townhouse) near my home. . I would find a grocery store and yet another Walgreen's more useful. As everyone understands money is the bot- tom line of what is actually going be developed. But as a resident of the area I would like to think, perhaps very naively, that the city would actually care about what is best for the resi- dents of the area and Eagan for the future. Mary Wiersehem Eagan 2017 Bluestone Lane Eagan, MN 5 5 t 22 March 28, 2009 Mayor Mike Maguire City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Subject: New Cedar Grove Concept Plan Dear Mayor Maguire, I am a long time Eagan resident and homeowner who has lived at my current address on Bluestone Lane since purchasing my home in 1969. My back property line borders on Rahn Road I am troubled with the amount of high-density housing units that are now being proposed by developer Doran Pratt. I am also very skeptical that future phases of the Cedar Grove Development will also include additional high-density housing. Rahn Road and Silver Bell Road already contain too much high-density housing. Adding additional high-density housing to this area will be devastating to our neighborhood. Rahn Road is currently a very high traffic road. Adding more high-density housing in the Cedar Grove Development will just make traffic that much worse because new people living in the proposed Cedar Grove Development will use Rahn Road to get to such stores as Kowalski's, Cub Foods and Target. Please keep the Cedar Grove Development Plan close to what was originally envisioned. It would be much better to delay further development until such time as economic conditions improve. I don't want to see the end product being nothing more that a lot- of new high-density housing. Yours truly, Timoth . Wandersee wandersee @juno.corn (551) 454-2950 Agenda Memo Eagan Economic Development Authority Meeting New Business March 16, 20 9 1. CEDAR GROVE REVISED CONCEPT PLAN ACTION TO BE CONSIDERED: To approve (or deny) a Revised Cedar Grove Preliminary Concept Plan and provide direction to staff and the developer regarding the possible submission of a Phase I development plan application. FACTS (New Information in Bold): • The City Council received a presentation of the Proposed Revised Preliminary Redevelopment Concept Plan at its workshop meeting on March 10, 2009. At that time, the Council considered the following information. : The City of Eagan has invested considerable time, effort and resources into its activities in the Cedar Grove Redevelopment District. In the early phases of the effort, following the report of the Cedar/1 3 Task Force, the City's efforts focused on policy and background activities such as the development of a special zoning district, completion of an Alternative Urban Areawide Review, creation of a tax increment financing district and development: concept planning. • More recently, the City's efforts have shifted to the acquisition and assembly of properties, the relocation of affected businesses and demolition of buildings in preparation for development in the core area of the redevelopment district, The City also has done Phase I and Phase II environmental analyses, performed site clean-up at locations at which it has been necessary and has taken other steps to move the site toward what is currently referred to as shovel ready. • The City has made substantial progress in these areas, but like many other cities in the region and around the country, it has been limited in its efforts to facilitate new development because of changes in the development and credit markets over the last two years. Despite the challenges during that time, the City has selected a new development partner, Doran Pratt, with whom we have worked closely to identify and pursue development alternatives that could be market supportable, even at this time, and to complete background work and agreements to he in a position to move forward when opportunities present themselves. • Throughout the redevelopment process and the changes in various market realities, the City Council has stressed its focus on the development goals for the area, which are to: o Revitalize Cedar Grove Area as a gateway/landmark of the community, o Encourage a mixture of market-supportable land uses compatible with one another and with the surrounding area. 1-7p o Incorporate new urban development expectations by incorporating a pedestrian focus, transit opportunities, mixed residential and commercial uses, uniform and cohesive design elements, structured parking and public green/open space. o Protect the long-term vitality of residential areas adjacent to commercial areas and consider the needs of existing businesses in redevelopment or relocation efforts. o Improve traffic access and circulation to and through the area. • At the its meeting of November 5, 2007, the EDA adopted Doran Pratt's preliminary redevelopment concept plan that comprised a combination of housing types, retail uses and office development that was designed to reflect those goals as well as background provided by a market study performed by Maxfield Research dated April, 2007. • While the current market remains challenging, Doran Pratt has identified a number of elements that align with the City's goals that they believe to be market supportable and capable of being financed at this time. They will present a revised preliminary concept plan and first phase plan for Council consideration at Tuesday's meeting. • Because of the realities of the current market, it is not possible for a developer to define specifically all of the components of an areawide masterplan at this time, but it is possible to prepare a generalized preliminary planned development layout, analysis and conditions similar to the process used for the Carriage Hills Planned Development. ■ If the Council is supportive of the proposed first phase, the layout being proposed and the general land use scenarios for future phases, Doran Pratt is prepared to move forward with land use applications in the next several weeks for formal consideration of its first phase of core area development, • As with any concept plan review, the Council is encouraged to consider the proposal in general terms and not to presuppose the outcome of the formal development review process. If the Council is open to further consideration of the concept, staff and the developer would move forward concurrently with the development review, financial analysis, updated environmental reviews and other steps necessary to present those items to the Council and EDA in the appropriate order in the months ahead. • At the meeting on March 10, the City Council expressed interest in the proposal and noted differences between the revised plan and the previously adopted preliminary concept plan and provided comments and direction with respect to issues to be researched and addressed if the revised preliminary concept is approved and the project moves forward for formal consideration in the months ahead. • In particular, the Council requested information comparing the proposed uses and the scale of those uses to the previously approved concept and market study analysis previously performed. The 2407 preliminary concept plan and the proposed preliminary concept plan are compared below: 2007 Concept Proposed Concept Market Rate Apartments 268 units 250 units Senior Independent and Assisted 128 units 150 units Hotel 160 rooms 360 rooms New Retail 97,000 s.f. 13,000 s.f. Senior Coop 368 Units Workforce Rental 128 Units (Note: CDA projects 30-40) Cottage Homes 141 Units Corporate Office 150,000 81. Parks and Open Space 4.3 acres TBD Remainder to be Developed None 29 acres • The proposed Phase I plan is compared to the 2007 Maxfield Market Study and a Bonestroo market study performed for the developer in 2008 below. The Maxfield study preceded the shifts in the various markets since early 2007. Bonestroo's market study is a more detailed analysis that focuses on rental apartments only. This is the big difference in the plan and the study for the first phase, but is confirmed by the Bonestroo study. The proposed hotel development exceeds the Maxfield market study by roughly the number of rooms that are expected to be occupied by the anticipated dedicated contract space. Maxfield Study-2007 Phase I Banestroo_St_udy-2008 Multifamily 655-720 units None (Owner Occupied) Multifamily 45-70 units 250 units 225 units (Market Rate Rental) - Multifamily 150-175 units None (Affordable Rental) Senior Rental 185-350 units 150 units New Retail 75,000 s.f. 13,000 s.f. Office 60,000-108,700 s.f. None Hotel 65 room 160 room-specialty • The Council also directed staff and the developer to address the following issues as the developer moves forward with formal development applications: Additional Detail regarding walkable pedestrian connections within and to surrounding development areas, sidewalks, public spaces. • Clarification of public east-west connectivity from hotel. • Strategies to reduce the gray field parking areas in new development areas and particularly in the area of the hotel. • Further analysis of the pro formas for the proposed phase and the projects within it, in the context of the financing of the broader redevelopment district. • The Council noted that the proposed development phase does not include elements of all of its goals for the area, but that it includes a number of the elements and that it may be considered as a market supportable initial step in anticipation of future development phases as the economy recovers. Since the workshop meeting, a question was raised as to whether the City can condition future phases of the I ~C).~ development to incorporate additional aspects of its goals for the redevelopment. As noted above, the City has reserved the right not to sell the property necessary for a development phase until it has approved the development plan for that phase. As a consequence, subject to future market factors and the City's development priorities at a particular time, it will make the final determination as to the elements of each phase. ATTACHMENTS: • Development District and Core Area Map on page • Doran Pratt letter on pages through • November 5, 2007 EDA Packet memo on pages through • November , 2007 Preliminary Redevelopment Concept Plan on page • Proposed Revised Preliminary Redevelopment Concept Plan on page - ~e .p _ lY O E L r s~ 41 [ 4L4L4L a' ° E{ z M I . -4 ~jt ~yj•~ l sl. '~?-r' F ~s .r ll 1 F Y s c ~ -i: k - X31 L I WI IN j f~ ,No-~~ C-]g313 f F 3 F C t ~5e Y s}p E 171 a _ ~r o 1 ~ q-= Y o I, u ~ ~ ~ f . td. ~ , s _ ~ d~ l; ~ C ~ i~ ~q ~ H ~ ~ & ~ 4 [f x z ~ ~ ~ .s cs 'F'' .s ~ ~ ~`~ze~Si ~ - ~ i ~ a ~~~x6$~~~ ~ - r ~ . ~ ~i f ` _ i f 1 C 1 a ' ~ _ x ~ F - N o , - ~ M y~y1 S ~ a d t 3 N i` ~R 5w - a I11~ , ~ ~ ~ ~ ~a~ E p ~ .4 3 ~ 3 N d Y~ ~ G € 1 ~ i9 1 ~ ~ :s !!1111 r } ~F ~ y~jy ' ~ 3 ~ 7 2 Q ~ F 3 L f• ~ 4 F ~ ~ 1 `~i~ n ~a F ' ~ 1 o n 3 t ~ ~ ~ 3 ~ 5j~ n i jj ~ 5 ~ 4 2 ~ ~ 1 ~ ~ F d cy i ay _ YY . r E ~ ~~,-I ~ 1~a F , ~ x'"~ wm F E ~ e: F i 4 t F ~ 3 F k ~ i 3 i { y F 7 3i F t i. f ~ 14 r~~, l i f] 1 w~ Y ~ , f ~ ~ ~ 3 8 F ' ' ~s3 E F: FFl € +r ~ ~ ' ~ ~I >E ~ l~ ~ ~3~:ff f ~ ~ ~ _ ~ '-rte 4.97 ~ {L ~ a~ ll! f If D❑RAN COMPANIES March 2, 2009 The Honorable Mayor Mike Maguire The Honorable City of Eagan City Council Members 3830 Pilot Knob Road Eagan, MN 55122 Re: Cedar Grove Redevelopment Dear Mr. Mayor and Council Members, Since being selected to be the City's development partner for the Cedar Grove Redevelopment in August 2007, we have worked closely with the City staff to put together a development and financing plan that will permit us to move forward with the project. Like all development projects in the region and around the country, our efforts have been slowed by a combination of market and credit factors and we felt it was important to write this letter to update you on some of the progress and challenges we have faced throughout the redevelopment process at the Village of Cedar Grove site. We recognize and share the City's goals for the area - to make the new development a pedestrian friendly, transit oriented, mixed use neighborhood that will take advantage of its location and access to reestablish it as a gateway to the community. The changes in residential development that we have all observed over the last two years presented initial challenges in defining a market supportable mix of residential uses for the area. That was followed by similar downturns in the office and retail markets, which make up the other key aspects of our mixed use approach to the area. The difficult economic times that we have all encountered, particularly in the past six months, have confronted the commercial real estate and construction industries with unprecedented hardships. Lenders have practically disappeared making the accessing of debt financing for development purposes nearly impossible, even for the most credit worthy borrowers. Conventional loan programs for commercial contraction projects are not available and permanent debt for stabilized properties is requiring much more equity and costing the borrower much more because of higher interest rate spreads. Despite these challenges, the development team of Doran Companies and Pratt Development believe in the opportunity presented by the area and remain committed to the Cedar Grove Redevelopment. Our team has been moving ahead with concept plans for approximately 225 to 250 units of market rate apartments, 150 units of senior apartments as well as plans for two 80 room hotels. Although market studies for each of these product types support the projects, current conditions in the financial and lending markets have presented us with some challenges. 7803 Glenroy Road, Suite 200 Bloomington, MN 55439 952-288-2000 Fax: 952-288-2001 www. DoranCompaniesxom The Honorable Mayor Mike Maguire The Honorable City of Eagan City Council Members March 2, 2009 Page 2 For example, six months ago on a typical apartment project like the one we are contemplating at Cedar Grove, we would have been able to solicit multiple lenders from the marketplace for a three year open- ended construction loan at 90% of the project cost and a rate of approximately 5.00°/x. At the end of that loan term we would obtain permanent financing for a 10 or 20 year teen at around 80 to 90% of the value of the stabilized property and an interest rate of around 5.75%. Values for this property type would be calculated using capitalization rates applied to the net operating income and the lower the capitalization rate, the higher the value of the property. A brand new, market.-rate, stabilized apartment building like the one we are proposing would have commanded a 6.00% capitalization rate last year. In the current marketplace, an open-ended construction lender will demand more cash equity, typically 30 to 35%, of the project cost, as well as require expensive bonds or letters of credit to guarantee the construction. In addition., although interest rates have fallen in recent months, spreads have widened meaning the lenders need more rate premium today to do the same deals they would have done for much less before. Rates today for construction and permanent debt are in the 6,50% to 7.50% range and capitalization rates have moved up to between 6.50% and 7.50%. What this essentially means is that it costs significantly more to do a project today than it did six months ago and at the end of the day, based upon today's valuation criteria, it is worth much less. Currently, the only reliable debt available to finance multi-family developments is through the US Department of Housing and'-Urban Development [HUD). However, these types of government loan programs are typically laden with additional requirements and fees. In spite of these issues we hope to secure HUD financing for the multi-family housing project and perhaps for the senior housing project as well. We are working very hard in hopes of being able to commence the development and construction of all three types of the development mentioned above yet this year. In the face of these economic challenges, we have appreciated the City's continued commitment to acquiring the property within the area and making it ready for development as soon as the markets will support it. We thank you and the city staff for the confidence you have placed in us and we remain confident that we can move the development forward even in these most difficult times. On behalf of the development team of Doran Companies and Pratt Development, Sincerely, elly J. Doran cc: Jon Hohenstein Rebecca Kurtz Len Pratt Ben Shardlow Scott Anderson 4~R hi Agenda Information Memo Eagan Economic Development Authority Meeting April 7, 2005 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.