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08/18/2009 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 18, 2009 6:30 P.M. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE I II. ADOPT AGENDA III. 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 B. PERSONNEL ITEMS P. /0C. APPROVE Check Registers P (I D. APPROVE temporary on-sale liquor license and waive license fee for Faithful Shepherd Catholic School ,P I3 E. APPROVE classification of tax forfeited property F. ADOPT Emergency Plan update P 19 G. ACCEPT a donation from Kowalski's Market for the Halloween Hodgepodge event. eacH. APPROVE sub-recipient agreement with Dakota County related to FY09 CDBG funding and authorize the Mayor and City Clerk to execute appropriate documents I. RECEIVE bids and approve resolution awarding the sale of $525,000 in General Obligation Equipment Certificates of Indebtedness 1 3( J. APPROVE plans & specifications and authorize ad for bids for Contract 09-07 (Phase II Implementation of 2007 Stormwater Management Plan) 4 K. APPROVE final payment and authorize City maintenance of Contract 07-04 (Boulder Lakes Business Park - Street & Utility Improvements) L. APPROVE no-parking request - Ames Crossing Road temporary cul-de-sac P 37 M. APPROVE Change Order No. 2 for Contract 09-12 (Diffley Road/Rahn Road - Roundabout/Street Improvements) eN. RECEIVE request and schedule public hearing to vacate a trail easement (Lot 20 and Lot 21, Block 1, Chatterton Ponds) V. PUBLIC HEARINGS 1• A. VARIANCE -James Barton Design Build Inc. -A variance to the side yard setback requirement to construct an addition to the home located at 540 Esk Lane on Lot 2, Block 3, Coventry Pass. B. FINAL ASSESSMENT FOR PROJECT 858 and Consider Award of Contract 08-13 (Sibley Terminal 10 Industrial - Storm Sewer Improvements) VI. OLD BUSINESS P~q A. COMPREHENSIVE GUIDE PLAN AMENDMENT and a PLANNED DEVELOPMENT AMENDMENT Coventry Senior Living - A Comprehensive Guide Plan Amendment from (SA/MD) Special Area / Medium Density to (SA/HD) Special Area / High Density and a Planned Development Amendment to allow a 2 story senior living facility located at 1650 Hunt Drive on Lots 1 & 2 Terra Glenn 3rd Addition. VII. NEW BUSINESS VIII. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA I a~ C. CONSENT AGENDA p D. OLD BUSINESS 1• l13 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Resolution approving purchase agreement for sale of City property to Doran Development for Phase I Apartment Project. E. NEW BUSINESS P 1. CEDAR GROVE REDEVELOPMENT DISTRICT -Parking Agreement with Jensens Supper Club for temporary use of Credit Union property. F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator A. Director Of Public Works B. Director Of Community Development XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4b~ City of Eaaali In TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 14, 2009 SUBJECT: AGENDA INFORMATION FOR AUGUST 18, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 18, 2009 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 18, 2009 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the August 3, 2009 regular City Council meeting and the minutes of the July 28, 2009 Special City Council Retreat as presented or modified. ATTACHMENTS: • Minutes of the August 3, 2009 regular City Council meeting are enclosed on pages through • Minutes of the July 28, 2009 Special City Council Retreat are enclosed on pages 7 through DRAFT MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota August 3, 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. Richard Schwein representing Jerry's Garden Center discussed the garden vendors that are allowed to set up temporary sales operations in local business parking lots. He stated that his business has suffered due to these vendors and felt it was unfair for the City to allow them to operate because they do not pay city taxes. Mayor Maguire explained that the City Code allows such operations within the City and that the actual property owners pay taxes. A regular meeting of the Eagan City Council was held on Tuesday, August 4, 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 Hohenstein, City Planner Mike Ridley, City Engineer Russ Matthys, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. RECOGNITIONS There were no recognitions or presentations. AGENDA City Administrator Hedges noted an item regarding a special Council meeting has been added to the Consent Agenda. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Tilley 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 July 21, 2009 regular City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Gary Royal as an overnight custodian at the Community Center. 2. It was recommended to approve the rehiring of Jeff Munsterteiger and Tom Miklya as Property Maintenance / Code Enforcement Technicians. 3. It was recommended to approve the Voluntary Early Retirement/Separation Program and to authorize its implementation. C. It was recommended to ratify check registers dated July 23, 2009 as presented. D. It was recommended to adopt proclamation recognizing August 4, 2009 as "National Night Out" in 09-17 Eagan. E. It was recommended to approve a license to sell tobacco products for Richard Sood, at Fastrip Market, 3391 Coachman Road. F. It was recommended to approve a license for Joseph Christensen to operate a body art establishment at 1960 Cliff Lake Road. G. It was recommended to authorize staff to enter into an agreement with the Harris Companies to conduct an energy audit of the Civic Arena as it pertains to geothermal heating, and to prepare a Federal Recovery Act Geothermal Technologies Program - Ground Source Heat Pumps application on behalf of the City. 3 City Council Minutes DRAFT August 3, 2009 Page 2 H. It was recommended to approve a temporary on-sale liquor license for Faithful Shepherd Catholic School and waive the $150.00 license fee. 1. It was recommended to approve a sound amplification permit, and waive the fee, for Faithful Shepherd for an outdoor event with electronic sound system/audio equipment use after 10:00 p.m. to be held on September 19, 2009 at 3355 Columbia Drive. J. It was recommended to approve a resolution to temporarily extend the licensed premises of 09-18 Cedarvale Bowl, Inc., dba Cedarvale Lanes/Fitz's Bar & Grill located at 3883 Cedar Grove Parkway. K. It was recommended to approve a sound amplification permit for Cedarvale Bowl for an outdoor event with electronic sound system/audio equipment use after 10 p.m. to be held at 3883 Cedar Grove Parkway L. It was recommended to declare bicycles and unclaimed property to be surplus. M. It was recommended to adopt a resolution authorizing the issuance of $525,000 in General Obligation 09-19 Equipment Certificates of Indebtedness on August 18. N. It was recommended to approve an application for transfer of federally forfeited property. 0. It was recommended to approve a Final Plat (Eagan Substation) to create one lot upon 0.63 acres located east of Lexington Avenue and north of Diffley Road opposite Daniel Drive, subject to approval of the Environmental Assessment. It was recommended to approve an Environmental Assessment addressing the improvements to the Eagan Substation Plat and all related improvements to the electrical transmission system. P. It was recommended to authorize preparation of Plans and Specifications for Contract 09-07 (Phase II Implementation of 2007 Stormwater Management Plan - City-Wide Storm Sewer Improvements). Q. It was recommended to receive the draft feasibility report for Project 1005 Daniel Drive - Sidewalk Improvements) and schedule a public hearing to be held on September 1, 2009. R. It was recommended to approve the final payment for Contract 09-17 (2009 Citywide Street Sealcoat Improvements) in the amount of $232,634.44 to Pearson Brothers, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. S. It was recommended to approve Plans and Specifications and Authorize Advertisement of Bids for Contract 09-06 (Wandering Walk Park). T. It was recommended to receive the draft feasibility report for Project 1016 (Ames Crossing Road - Street and Utility Improvements) and schedule a public hearing to be held on September 1, 2009. U. It was recommended to adopt a resolution officially delegating decision authority to the Water Resources Coordinator for exemption, no loss, wetland boundary and type, and sequencing 09-20 determinations in accordance with Wetland Conservation Act Rules. V. It was recommended to approve a license to sell tobacco products for Richa and Anuj Kohli, Go For It Gas, 4206 Nicols Road. W. It was recommended to schedule a special Council workshop for September 22, 2009. PUBLIC HEARINGS There were no public hearings. OLD BUSINESS There were no old business items. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT - MARINKOVIC HOLDINGS, LLC City Administrator Hedges introduced this item regarding a planned development amendment to change the retail use to office in the two-story building located at 1250 Yankee Doodle Road. City Planner Ridley gave a staff report. The applicant was present to answer questions. City Council Minutes DRAFT August 3, 2009 Page 3 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to change the retail use to office in the two-story building located at 1250 Yankee Doodle Road legally described as Lot 1, Block 1, Town Centre 100 Tenth Addition, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office and proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Building Elevations 2. A sign permit is required prior to installation of any signs, and all signs are subject to the requirements of the City Code. PLANNED DEVELOPMENT AMENDMENT - BOULDER LAKES City Administrator Hedges introduced this item regarding a planned development amendment to allow a parking lot of 250 stalls as the principal use on property located at 505 Shanahan Way. City Planner Ridley gave a staff report. Matt Miller, Interstate Partners, questioned condition number 9 regarding trail dedication. City Planner Ridley responded. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to extend the term of the agreement for 10 years, to 2019 on property located at 505 Shanahan Way. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Planned Development Amendment to allow a parking lot of 250 stalls as the principal use on property located at 505 Shanahan Way, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. 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. 3. Parking setbacks shall be provided in accordance with the City's zoning code. 4. Parking stalls shall be a minimum of 9 feet in width and 18 feet in depth. 5. The parking pad shall be constructed as shown on the Site Plan received June 16, 2009. 6. A detailed Landscape Plan shall be submitted prior to the receipt of a Grading Permit, overlaid on the grading plan and including a landscape schedule, planting specifications and notes, automatic irrigation and signature of a certified landscape architect. 7. A site lighting plan shall be submitted prior to the receipt of a Grading Permit. Lighting fixtures shall be consistent throughout the development. Minimum light levels of 0.5 footcandles shall be provided in all parking lot areas, and light levels shall not exceed one footcandle at the property line. Average to minimum ratios within the parking lot shall not be greater than 4:1. 8. The applicant shall receive a Grading Permit prior to the commencement of any parking lot grading activates. 9. The future park and trail dedications for the development(s) shall be satisfied through a cash dedication, the method and timing of the calculation to be determined through consultation with staff. (payable at the time of building permit at the rates then in effect). 10. The applicant shall provide a parking easement/declaration between Lots 1 and 2, Block 1, Boulder Lakes for review and approval by the City Attorney. ig City Council Minutes DRAFT August 3, 2009 Page 4 11. No building permit for Lot 2, Block 1 (Building 4) shall be issued until the parking rights granted to Lot 1, Block 1 (building 3) are extinguished or the developer submits a plan to the satisfaction of the City that it has provided adequate parking for Lot 1. 2010 CIVIC ARENA BUDGET, 2009-10 SEASON RATES, AND PURCHASE OF 2010 CAPITAL OUTLAY ITEMS City Administrator Hedges discussed the 2010 Civic Arena Budget, the 2009 - 2010 season rates and the purchase of 2010 capital outlay items. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the 2010 Civic Arena budget, including 2009-10 season rates Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize purchase of 2010 capital outlay items in 2009. Aye: 5 Nay: 0 LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 7:10 p.m. to immediately convene a meeting of the Economic Development Authority. The regular meeting was reconvened at 7:20 p.m. ADMINISTRATIVE AGENDA There were no items requiring action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:25 p. M. Date Administrative Secretary / Deputy Clerk MINUTES SPECIAL CITY COUNCIL RETREAT TUESDAY, JULY 28, 2009 5:30 P.M. MOONSHINE PARK RETREAT CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, and Director of Administrative Services VanOverbeke 1. ROLL CALL AND AGENDA ADOPTION Mayor Maguire called the meeting to order. City Administrator Hedges requested that an item be added to the agenda to discuss scheduling sump pump inspections. Hedges also asked that the Council discuss an e-mail correspondence the City received regarding temporary garden centers. Councilmember Tilley moved; Councilmember Fields seconded a motion to adopt the agenda as amended. Aye: 5, Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. SUMP PUMP INSPECTION PROGRAM City Administrator Hedges noted that in preparation for the August 11 Council workshop, at which the Council will be briefed on a possible sump pump inspection program for the City, it has been suggested by the Public Works Director that each Councilmember participate in the City's current sump pump inspection program prior to the workshop so they have an understanding of the program being considered. Hedges noted that the inspection has no cost, and is the same free service provided to any resident who requests an inspection. All Councilmembers expressed their interest in participating in the program. IV. E-MAIL CORRESPONDENCE RE: TEMPORARY GARDEN CENTERS City Administrator Hedges distributed an e-mail correspondence that was sent to the City Council regarding continued frustration of the owner of Jerry's Garden Center regarding the temporary garden centers that are opened throughout the city on a seasonal basis. V. GOALS UPDATE City Administrator Hedges reviewed an update of the 2009-2010 Goals. The Council discussed the goals. Councilmember Tilley requested a foreclosure update within the City. The Council discussed the University of Minnesota Community Connections program, and voiced that if Woodbury 7 City Council Retreat Minutes July 28, 2009 Page 2 is not able to participate, they would be interested in approaching the city of Lakeville. Councilmember Bakken requested a discussion pertaining to the qualification requirements of election judges, which City Administrator Hedges noted would be an agenda item at the September 8, 2009 workshop. The Council also asked that a discussion pertaining to eligibility of groups to be exhibitors at Marketfest also be included on the September 8 workshop agenda. The Council discussed their plans for attending National Night Out block parties. VI. GENERAL FUND BUDGET DISCUSSION City Administrator Hedges and Director of Administrative Services VanOverbeke summarized the 2009 adjusted general fund budget, the 2010 proposed general fund budget and 2011 budget projections. The Council discussed the 2010 budget process and requested a retreat in September with the Department Directors to hear from each of them on the challenges their departments are or will be facing as a result of the budget reductions in 2009 and 2010, or anticipated in 2011. City Administrator Hedges and Director of Administrative Services VanOverbeke summarized the proposed Early Retirement/Separation Program to be considered. The Council gave direction to proceed with the program as presented for formal Council consideration this fall. City Administrator Hedges and Director of Administrative Services VanOverbeke summarized the levy options for taxes payable in 2010. Councilmember Bakken requested that staff report back to the Council on how many tax exempt properties are located within the City. The Council emphasized that the State took away the Market Value Homestead Tax Credit (MVHC) away from the residents. The Council noted the 8.2 fulltime employee positions that have already been reduced in 2009. There was Council consensus to proceed with plans to levy back lost 2008 and 2009 MVHC and to plan for the replacement of funds to the fund balance in anticipation for 2011. The Council asked for communication from the City explaining to residents the impact of a 5.9% decrease in the City's tax capacity. The Council expressed their comfort with the budget timeline and proposed next steps. VII. OTHER BUSINESS The City Council discussed ways to improve upon their communication with one another and applicants at City Council meetings. VIII. ADJOURN The City Council adjourned the retreat at 9:05 p.m. q Agenda Information Memo August 18, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS There are no Personnel Items to be considered at this time. 9 Agenda Information Memo August 18, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 31, 2009 and August 6, 2009 as presented. ATTACHMENTS: • Check registers dated July 31, 2009 and August 6, 2009 are enclosed without page number. Agenda Information Memo August 18, 2009, Eagan City Council Meeting D. APPROVE TEMPORARY ON-SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO BE CONSIDERED: To approve a temporary on-sale liquor license and waive the license fee for Faithful Shepherd Catholic School. FACTS: ? Faithful Shepherd Catholic School has requested a temporary on-sale liquor license be issued to them for a fundraiser planned for January 30, 2010. The fundraiser is the tenth Annual Live and Silent Auction, which is being held to raise money for the operation of the school. ? The application form has been submitted and deemed in order by staff. ? Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety/Liquor Control Division for their approval. ATTACHMENTS (1): Letter enclosed on page It FAX:6514064743 PAGE 5 FILE No.582 07/01 '09 10:03 ID: FAITHFUL $ Wboci~a earraatioaal cres~laaae and GQ2a 96 an awakoned 3385 Colgntbia A{w 'PaAIy MbmeiOta 55121 • Those 651.406:4747 • www.kCs*e oo5 June 17, 2009 Dear City Council Members, I respectfully request that the Eagan City Council waive the $ 150.00 application fee for a temporary liquor license on January 50, 2010. We are holding our tenth annual Live and Silent Auction at Faithful Shepherd Catholic School and Tri-Parish Center. The purpose of the Live and Silent Auction is fundraising. All proceeds will go to the school. Faithful Shepherd Catholic School will follow the City of Eagaris ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcoholic beverages. The designated property of the event will be limited to the school grounds, which includes the schools building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, public safety, and check the ages and identification of all attendees. lr No person under the age of 2 1 will be sold or served alcoholic beverages No person will sell or give alcohol beverages to an obviously intoxicated person. z All persons who consume, purchase, or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from an approved vendor list provided from the City of Eagan.) A The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. No person selling alcohol shall be intoxicated during his or her work shift. > Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by persons under the age of 21 or to person intoxicated is prohibited. lr Licensee will provide volunteer private security to monitor the licensed area. > Licensee will follow the designated hours listed in the City of Eagan procedures. S Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale- The onsite manager will complete training in alcohol beverage service and will train servers and security personnel in the same. If you have any questions, I can be reached at 651-406-4747. Thank you for your consideration. Respectfully submitted. Joh Boone Principal iW Ilot C odc•~twad ak +A~a Ca~tn and We Om s a~~t..laaCAT~naa4.st eta ad it. 7Ao~a 3=101. Agenda Information Memo August 18, 2009, Eagan City Council Meeting E. APPROVE CLASSIFICATION OF TAX FORFEITED PROPERTY ACTION TO BE CONSIDERED: To declare the following parcel as non-conservation land: • 10-84900-010-00 (Woodstone Town homes Addition Outlot A) FACTS: • The City has been notified by Dakota County of this parcel noticed as tax forfeited for non-payment of taxes. • The parcel results from the platting of the Woodstone Townhomes in 2001. At some point in the future the parcel could be combined with the adjacent parcel to the south if it develops. However, the combination would be a private matter and can only be encouraged by the City and does not result in a public use for the tax forfeit process. • Unless the City desires use of the parcel for a public purpose, Dakota County has requested that the City approve the classification of the property as non-conservation land in preparation for sale. The steps are all necessary to follow the legal process. • The parcel has been reviewed and there are no City public purpose uses that would suggest that the City retain control over it. ATTACHMENTS: • Enclosed on pages 1-{ and is a copy of the County resolution. • Enclosed on pages / and 17 are copies of the site map and aerial photo of the parcel. 18 BOARD OF COUNTY COMMISSIONERS DAKOTA COUNTY, -MINNESOTA August 26, 2008 Resolution No. 08-394 Motion by Commissioner Egan Second by Commissioner Turner Approval Of Classification Of Tax-Forfeited Lands As Non-Conservation BE IT RESOLVED, That the Dakota County Board'of Commissioners -hereby classifies the list of parcels, forfeited to the State of Minnesota for the years 2002 and 2004, as non-conservation lands in accordance with'Minn. Stat.§ 282.14, submitted by the County Treasurer-Auditor, as follows: BURNSVILLE - 02-84820-010-00 WOOD PARK PLAZA OUTLOT A EAGAN 10-84900-010-00 WOODSTONE TOWNHOMES OUTLOT A EMPIRE 12-72900-010-00 SUMMER GLEN OUTLOT A INVER GROVE HEIGHTS 20-00200-012-26 SECTION 2 TWN 27 RANGE 22 PT OF N 1/2 OF NW 1/4 OF NW 1/4 LYING S OF W'LY EXT OF N LINE OF LOT 3 BLK I LAURA RIEBE ADD LYING E OF E LINE OF DAWN WAY RIDGE LYING W'LY OF W LINE OF BLK 1 LAURA RIEBE ADDITION & N'LY OF W'LY EXT OF S LINE OF LOT 4 BLK 1 LAURA RIEBE ADD 2 27 22 LAKEVILLE 22-67400-020-00 SHADY OAK GROVE OUTLOT B SOUTH ST: PAUL 36-49100-110-03 MOTOR LINE ADDITION 11 3 36-49100-120-03 MOTOR LINE ADDITION 12 3 NORTHFIELD 43-22500-010-00 COLLEGE VIEW ESTATES OUTLOT A STATE OF MINNESOTA County of Dakota I, Brandt Richardson, Clerk to the Board of the County of Dakota, State of Minnesota, do hereby 'certify that I have compared the YES NO foregoing copy of a resolution with the original minutes of the Harris X Harris proceedings of the Board of County Commissioners, Dakota County,. Minnesota, at their session held on the 26th day of August 2008, now Gaylord X Gaylord on file In the County Administration Department, and have found the Egan X Egan same to be a true and correct copy thereof. Schouweiler X Schouweller Witness my hand and official seal of Dakota County this 3rd day of September 2008. Turner ~ Turner Krause x Krause Branning X Branning Clerk to the 14 CERTIFICATE OF COUNTY BOARD OF CLASSIFICATION OF FORFEITED LANDS PROVIDED BY CHAPTER 386, LAWS 1935 AS AMENDED. To the city council of the city of oEAGAN We, the members of the County Board of the County of Dakota, Minnesota, do hereby certify that the parcels of land hereinafter listed are all of the lands which have been 'classified by us as non- conservation lands, from the list of lands forfeited to the State of Minnesota for non-payment of taxes for the year or years 2002 & 2004 as provided by by Minnesota Statutes 1945, section 282.01 as amended. SUBDIVISION 10-84900-010-00 WOODSTONE TOWNHOMES OUTLOT A In witness hereof we have hereunto subscribed our names this day of August, 2008 Chairman of the Board Attest: County Director, Property Taxation and Records The forgoing (classification sale is hereby approved. By the \ 1 \ 1.19` N t.1 of the of EAGAN Dated A u,s~ l8, PC) CA IM, a.u ovr IS SITE MAP PROPERTY ID NUMBER: 10-64900-010-00 2009 ESTIMATED MARKET VALUES (PAYABLE 2010) 2009 BUILDING INFORMATION (PAYABLE 2010): FEE OWNER: STATE OF MN - F TAX LAND: 6,600 LOT SIZE (EXCLUDES NO DATA AVAILABLE 1590 HIGHWAY 55 BUILDING: ROAD EASEMENTS) HASTINGS MN 55033 TOTAL: 6,600 28,389 SQ FT PAYABLE 2009 TAXES (DELINQUENT TAXES IN PAST YEARS) SCHOOL DISTRICT: 196 0.65 ACRES NET TAX: 83.08 LOCATION: SW1/4 NE1/4 SECTION 21-027-23 SPECIAL ASSESSMENTS: 89.70 TOTAL TAX & SA 172.78 PAYABLE 2010 HOMESTEAD STATUS: NON HOMESTEAD PAYABLE 2010 ASMNT USAGE:RESIDENTIAL WATERSHED DISTRICT: GUN CLUB LAST QUALIFIED SALE: DATE: AMOUNT: 1 o S TONE W ooD._I,N_-.__ _ - 0 NOTE: Dimensions rounded to nearest foot. PLAT NAME: WOODSTONE TOWNHOMES TAX DESCRIPTION: OUTLOT A Copyright 2009, Dakota County - This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information and data located in various city, county, and state offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact Dakota County Survey and Land Information Department. Map Date: July 6, 2009 Parcels Updated: 7/2/2009 Aerial Photography: 2004 Print Preview Page 1 of 1 Dakota County, MN Overview Disclaimer.- Map and parcel data are believed to be accurate, but accuracy is not Map Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch = 242 feet appraisal, survey, or for zoning verification. 17 http://gis.co.dakota.mn.us/website/dakotanetgis/printPreview.aspx?PrintOptData=Dakota County, MNI0I0... 8/13/2009 Consent Agenda Information Memo August 18, 2009, Eagan City Council Meeting CONSENT AGENDA: F. Adopt Proposed Changes to the City's Emergency Plan ACTION TO BE CONSIDERED: To approve changes to the City's Emergency Plan FACTS: • The City of Eagan has an Emergency Plan in place that would be used as a reference in the event of a catastrophe. • Based upon training exercises and recommendations from a variety of sources, the plan is continually subjected to updates. • Jeremy Klein, the City's Emergency Manager, is responsible for updating the plan, and gave a presentation to the Eagan City Council on June 9, 2009. • Updates to the plan included revising contact information, public information guidance, terminology changes, strategies for estimating debris quantities, and the introduction of standardized forms. • Updated emergency plans have been disseminated to the Mayor and Council and department directors. NO ATTACHMENTS Agenda Information Memo August 18, 2009 Eagan City Council Meeting G. ACCEPT a donation from Kowalski's Market for the 2009 Halloween Hodgepodge event. ACTION TO BE CONSIDERED: Accept a donation of $200 for the 2009 Halloween Hodgepodge event. FACTS • The Halloween Hodgepodge event has been a very successful evening for children of all ages to enjoy the Halloween season at the Eagan Community Center. • Kowalski's Market approached the City of Eagan for opportunities to donate money or supplies that would help enhance this popular event. • Donation dollars were budgeted for 2009 to allow this community program to be hosted by interested local partners. • Kowalski's market will donate $200 in gift cards to purchase candy for the event. ATTACHMENTS: • None. ~9 Agenda Information Memo Eagan City Council Meeting August 18, 2009 H. APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBRECIPIENT AGREEMENT 2009-2010 WITH THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) ACTION TO BE CONSIDERED: To approve the Community Development Block Grant (CDBG) Subrecipient Agreement for the City's 2009-2010 CDBG Program with the Dakota County Community Development Agency (CDA). FACTS: ? The City Council approved the submission of the City's Application for 2009-20 10 CDBG funding at its meeting of December 11, 2008, for the fiscal year commencing on July 1, 2009. The application covers CDBG eligible activities totaling $205,900. ? The action was subject to the execution of a future subrecipient agreement defining the responsibilities of the City and the CDA in carrying out the programs outlined in the application. ? The 2009-2010 Subrecipient Agreement has been submitted to the City by the CDA for consideration. The agreement is in substantially the same form as in previous program years, with one addition. That is to provide for supplemental funding for flooring improvements to the ECC Senior Room that were identified for completion as a result of the CDA's coordination of Federal stimulus funding administered by HUD. This is in addition to the City's ordinary annual allocation of CDGB funds. ? The agreement has been reviewed and is in order for consideration by the City Council. ATTACHMENTS: None. Agenda Information Memo August 18, 2009 Eagan City Council Meeting 1. RECEIVE BIDS AND APPROVE RESOLUTION AWARDING THE SALE OF $525,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTNESS ACTION TO BE CONSIDERED: To receive bids and approve a resolution awarding the sale of $525,000 General Obligation Equipment Certificates of Indebtedness. FACTS: • In November 2007, the City Council adopted a long-term fire apparatus financing plan that utilizes a combination of tax levies and issuance of equipment certificates to address the funding for future fire apparatus needs. • At the August 3, 2009 regular City Council meeting a resolution was approved authorizing the issuance of $525,000 in General Obligation Equipment Certificates of Indebtedness and setting the sale date for August 18, 2009. • These are the first equipment certificates issued as part of the new financing plan and the certificates will finance one of the two new engines. that were received by the City in June of this year. • Due to the small size of the issue and to keep costs to a minimum, a "mini competitive sale" is being held, in which Springsted, the City's fiscal advisor, is soliciting bids from US Bank, Wells Fargo, and Anchor Bank. • Annual debt service payments are estimated to be approximately $80,000 and the first installment is part of the preliminary levy for taxes payable in 2010. • Bids for purchase of the Certificates are due no later than 12:00 Noon, Central Time on August 18. Results of the sale and a recommendation for awarding the sale will be presented by staff at the meeting. ATTACHMENTS: • Enclosed on pages c and is a copy of the resolution awarding the sale of $525,000 in General Obligation Certificates of Indebtedness. (Terms of the sale will be filled in after bids are opened and final information will be presented to the City Council at the meeting.) ca I Extract of Minutes of Meeting of the City Council of the City of Eagan Dakota County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota, was duly held at the City Hall in the City, on Tuesday, August 18, 2009, at o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the meeting was convened for the purpose of providing for the sale of $525,000 General Obligation Equipment Certificates of Indebtedness, Series 2009A. Member introduced the following written resolution and moved its adoption: RESOLUTION PROVIDING FOR SALE OF $525,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2009A, FIXING THE FORM AND SPECIFICATIONS THEREOF, PROVIDING FOR THEIR EXECUTION AND DELIVERY, AND LEVYING TAXES FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. To provide funds for the purpose of financing the acquisition of fire equipment for City purposes pursuant to the authority of Section 412.301 and Chapter 475, Minnesota p1a SALE RESOLUTION Statutes, it is hereby determined that it is necessary and expedient that the City issue its General Obligation Equipment Certificates of Indebtedness, Series 2009A (the "Certificates"). 2. The proposal of to purchase the Certificates at a price of $ is hereby found and determined to be the best proposal received and is hereby accepted. Accordingly, the Certificates shall be dated September 1, 2009, shall mature on February 1 in the years and amounts and shall bear interest payable on February 1 and August 1, commencing August 1, 2011, at the rates per annum according to year of maturity, as follows: Interest Interest Year Amount Rate Year Amount Rate 2011 $40,000 2016 $60,000 2012 50,000 2017 65,000 2013 55,000 2018 70,000 2014 55,000 2019 70,000 2015 60,000 All Certificates without option of prior payment. 3. The Certificates, the Registrar's Authentication Certificate and the form of assignment shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN No. R-1 $ GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 2009A Interest Rate Maturity Date of Original Issue % September 1, 2009 Registered Owner: Principal Amount: Thousand Dollars The City of Eagan, Dakota County, Minnesota, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, without option of prior payment, the Principal Amount specified above on the Maturity Date specified above, upon the presentation and surrender hereof, and to pay to the Registered Owner hereof interest on 2 3 SALE RESOLUTION such principal sum at the interest rate specified above from September 1, 2009, or the most recent interest payment date to which interest has been paid or provided for, on February 1 and August 1 of each year, commencing August 1, 2010. Principal and interest payable in lawful money of the United States of America at the office of the in , Minnesota, as Bond Registrar or of its successor as Bond Registrar designated by the City upon 60 days' notice to the registered owners at their registered addresses. Interest shall be paid on each February 1 and August 1 interest payment date by check or draft mailed to the person in whose name this Certificate is registered at the close of business on the 15th day of the month preceding each interest payment date (whether or not a business day) at said person's address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable to the owner of record as of such regular record dates and such defaulted interest may be paid to the person in whose name this Certificate shall be registered at the close of business on a special record date for the payment of such defaulted interest established by the Bond Registrar. This Certificate is one of an issue of Certificates in the aggregate principal amount of $525,000, issued pursuant to and in full conformity with the Constitution and Laws of the State of Minnesota, including Section 412.301 and Chapter 475, Minnesota Statutes, for the purpose of providing funds for purchasing certain fire equipment. This Certificate constitutes a general obligation of the City and to provide moneys for the prompt and full payment of said principal and interest as the same become due the full faith and credit of the City is hereby irrevocably pledged, and the City will levy ad valorem taxes, if required for such purpose, without limitation as to rate or amount. This Certificate is transferable, as provided by the Resolution of the City Council authorizing the issuance of the Certificates of this series adopted August 18, 2009 (the "Bond Resolution"), only upon books of the City kept at the office of the Bond Registrar by the registered owner hereof in person or by the owner's duly authorized attorney, upon surrender of this Certificate for transfer at the office of the Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Bond Registrar duly executed by, the registered owner hereof or the owner's duly authorized attorney, and, upon payment of any tax, fee or other governmental charge required to be paid with respect to such transfer, one or more fully registered Certificates of the series of the same principal amount, maturity and interest rate will be issued to the designated transferee or transferees. The Certificates of this series are issuable only as fully registered certificates in denominations equal to the principal amount maturing each year. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed precedent to and in the issuance of this Certificate have been done, have happened and have been performed in regular and due form, time and manner as required by law and that this Certificate, together with all other indebtedness of the City outstanding on 3 SALE RESOLUTION the date of its issuance, does not exceed any constitutional or statutory limitation of indebtedness. This Certificate shall not be valid or become obligatory for any purpose until the Certificate of Authentication and Registration hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF, the City of Eagan, Minnesota, by its City Council, has caused this Certificate to be executed in its behalf by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk, all as of the Date of Original Issue specified above. (Facsimile Si ng ature) Mayor (Facsimile Signature) City Clerk BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Certificates described in the within mentioned Bond Resolution, and this Certificate has been registered as to principal and interest in the name of the Registered Owner identified above on the registration books of the City of Eagan, Minnesota. Dated: , 2009 Bond Registrar By Authorized Signature 4 SALE RESOLUTION 0115- ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address of Transferee) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. Dated: Please Insert Social Security Number or Other Identifying Notice: The signature of this assignment must correspond Number of Assignee with the name as it appears on the face of this Bond in every particular, without alteration or any change whatever. SIGNATURE GUARANTEE Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Trustee, which requirements include membership or participation in STAMP or such other "signature guaranty program" as may be determined by the Trustee in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. 4. The Certificates and interest thereon shall be payable upon presentation at the office of the in , Minnesota, as Registrar and Paying Agent, or at the offices of such other successor agents as the City may hereafter designate upon 60 days' mailed notice to the registered owners at their registered addresses. The City shall deposit funds with the Bond Registrar at the time and in the manner necessary to provide for the full and prompt payment of such principal and interest. 5. The Certificates shall be prepared under the direction of the Chief Financial Officer and when so prepared shall be executed on behalf of the City by the facsimile signature of the Mayor and by the facsimile signature of the City Clerk. The Certificates shall not be valid for any purpose until authenticated by the Bond Registrar. The Bond Registrar is authorized and directed to register the Certificates initially issued hereunder in such name as the purchaser directs. The Certificates initially issued hereunder shall be registered as the date of delivery, and all Certificates issued in exchange therefor shall be registered as of such date. When the Certificates shall have been so prepared and executed, they shall be delivered by the Chief Financial Officer in exchange for the purchase price and upon receipt of the signed legal opinion of Faegre & Benson LLP, and the purchaser shall not be required to see to the proper application of the proceeds. 5 CR(P SALE RESOLUTION 6. As long as any of the Certificates issued hereunder shall remain outstanding, the City shall maintain and keep at the office of the Bond Registrar an office or agency for the payment of the principal of and interest on such Certificates, as in this Resolution provided, and for the registration and transfer of such Certificates, and shall also keep at said office of the Bond Registrar books for such registration and transfer. 7. As to any Certificate, the City and the Bond Registrar and their respective successors, each in its discretion, may deem and treat the person in whose name the same for the time being shall be registered as the absolute owner thereof for all purposes and neither the City nor the Bond Registrar nor their respective successors shall be affected by any notice to the contrary. Payment of or on account of the principal or interest of any such Certificate shall be made only to or upon the order of the registered owner thereof, but such registration may be changed as above provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or sums so paid. 8. There is hereby created a separate debt service fund for the Certificates, which shall be held by the Treasurer and used for no other purpose than to pay said Certificates, provided, that if any payment thereon shall become due when there is not sufficient money in said fund to pay the same, the Treasurer shall make such payment from the general fund of the City, and said general fund shall be reimbursed for such advances out of the proceeds of taxes levied pursuant hereto or other moneys appropriated by the City Council for such purpose. Into said debt service fund shall be paid all proceeds of the taxes levied pursuant to this resolution and such other moneys as may be received by the City for the purpose of or appropriated to the payment of the Certificates. There is hereby levied upon all the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general taxes of the City, which tax is levied in the years and amounts as follows: Lew Year Amount of Lew 2009 2010 2011 2012 2013 2014 2015 2016 2017 Said levy shall be irrepealable and the taxes so levied are irrevocably appropriated to the debt service fund, but the City reserves the right to reduce said levy in the manner and to the extent permitted by Section 475.61, Minnesota Statutes. It is hereby found and determined that the foregoing taxes, if collected in full, together with funds appropriated therefor, will 6 4z)-7 SALE RESOLUTION produce at least five percent in excess of the amount needed to meet when due the payments on the Certificates. 9. The City Clerk is authorized and directed to prepare and furnish to the purchaser and to the attorneys approving the Certificates, certified copies of all proceedings and records relating to the issuance of said General Obligation Equipment Certificates of Indebtedness, Series 2009A and to the right, power and authority of the City and its officers to issue the same, and said certified copies and certificates shall be deemed the representations of the City as to all matters stated therein. 10. The officers of the City are hereby authorized and directed to prepare and furnish to the Secretary of the Treasury a statement meeting the information reporting requirements of Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"), by the 15th day of the second calendar month after the close of the calendar quarter in which the Certificates are issued. 11. The City shall not take or permit any action that would cause the Certificates to be "private activity bonds" within the meaning of Section 141 of the Code. The City shall comply with the rebate requirements imposed under Section 148(f) of the Code and regulations thereunder, including (if applicable) the requirement to make periodic calculations of the amount subject to rebate thereunder and the requirement to make all required rebates to the United States. The City Clerk of the City is hereby authorized to make on behalf of the City all elections that he may deem necessary and expedient under Section 148 of the Code. In addition, the City shall make no investment of funds that would cause the Certificates to be "arbitrage bonds" within the meaning of Section 148 of the Code and regulations thereunder. All terms used in this paragraph 11 shall have the meanings provided in the Code and regulations thereunder. 12. The City Clerk shall furnish a certified copy of this resolution to the County Auditor of Dakota County, and obtain the County Auditor's certificate as required by law. 13. The Certificates are hereby designated as qualified tax exempt obligations for purposes of Section 265(b)(3) of the Code. 7 SALE RESOLUTION The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 8 SALE RESOLUTION STATE OF MINNESOTA ) COUNTY OF DAKOTA )SS. CITY OF EAGAN ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Eagan, Minnesota, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held August 18, 2009, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $525,000 General Obligation Equipment Certificates of Indebtedness, Series 2009A of said City. WITNESS My hand officially and the seal of the City this of August 2009. City Clerk City of Eagan, Minnesota (Seal) fb.us.4320812.01 9 30 SALE RESOLUTION Agenda Information Memo August 18, 2009 Eagan City Council Meeting J. CONTRACT 09-07, CITY WIDE STORM SEWER IMPROVEMENTS PHASE II IMPLEMENTATION OF 2007 STORMWATER MANAGEMENT PLAN ACTION TO BE CONSIDERED: Approve Plans and Specifications and Authorize Advertisement of Bids for Contract 09-07 (Phase II Implementation of 2007 Stormwater Management Plan - City-Wide Storm Sewer Improvements). FACTS: • On January 17, 2006, the City Council approved the Stormwater Management Plan Update for the City of Eagan dated December, 2005. As a special component of this revised plan, the entire city was analyzed by using the highest rainfall intensity experienced in the July 2000 Super Storm. This additional scope of the study evaluated the existing storm drainage system in relation to the extraordinary rainfall event and identified those areas where flooding of structures could occur under similar conditions. Some general flooding may or may not have occurred as a result of the July 2000 Super Storm in these identified areas. • A separate report was prepared that studied the identified areas, listing potential improvement options and the effect on the level of protection that could subsequently be provided. A further refining of this analysis resulted in preliminary plans for storm sewer improvements in about half a dozen neighborhoods throughout the City of Eagan. • At the direction of the City Council, an Open-House Meeting was held on July 27, 2009, with the neighborhoods included in the study. The results of the study were presented, including a review of the details for each specific geographic neighborhood and options to address future storm impacts. Fourteen (14) residents representing eleven (11) properties attended the informational meeting. The residents, representing 5 of the 7 neighborhoods with proposed improvements, provided significant dialogue and strongly supported the proposed storm sewer improvements. • The plans and specifications include 6 of the 7 neighborhood projects due to a lack of needed easements for one project. The six project locations are identified on the location map. All required easements have been obtained at no cost in accordance with the Council's previous directives associated with the July 2000 Super Storm Improvements performed over the past several years. If easements are subsequently obtained for the remaining location, the specifications and bid documents are set up to allow it to be added as a change order for future Council consideration. • The plans and specifications have been prepared to require construction of specific improvements this year, but allow flexibility on the timing for the majority of the projects, with final completion required by June 15, 2010. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Projects Location Map, page. -31 j / !(1 7 ; 1 r rte.. _1 0 2000 4000 ww_w NNWscam rn seat ~ ( ~ ; `r -~1 `~''~f / ~ ~ :i`" R V ' 7111, I - - \ / / \ r `C ~ spy ~ r A 1, A -7 `---u-rte: { i- I ~ tl~ A r. ir`'YUr - it•~ 1 ~y ,i~• ~ ry ~ Y "`i'~ i.Y, m_.,•,,.~'~ ~ x v _ :r z~ S• f mr ,j7 A D, IE , _ Cr J ref r.~j - L r _ rt"r ; •1 r• Project Locations Ea p Eagan, Minnesota City of Implementation Plan for Phase II of the 2007 SWMP Bonestroo 4908145 COUNCIL FIG.DWG DATE: August 13, 2009 COMM: Encgneering Planning Innovatiai -~!a Agenda Information Memo August 18, 2009 Eagan City Council Meeting K. CONTRACT 07-04, BOULDER LAKES BUSINESS PARK STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 07-04 (Boulder Lakes Business Park - Street & Utility Improvements) in the amount of $69,723.94 to S.J. Louis Construction, Inc., including certain improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 07-04 provides for the public street & utility improvements to serve the Boulder Lakes Business Park development and the trunk water main improvements along Lone Oak Road (City Project No. 952). • These improvements have been completed, inspected by representatives of Dakota County and the Public Works Department, and found to be in order for favorable Council action of acceptance for perpetual maintenance subject to warranty provisions. 33 Agenda Information Memo August 18, 2009 Eagan City Council Meeting L. AMES CROSSING ROAD - SOUTH TEMPORARY CUL-DE-SAC ACTION TO BE CONSIDERED: Approve the posting of No Parking signs on the temporary cul-de-sac bubble on the south end of Ames Crossing Road, until future extension of Ames Crossing Road. FACTS: • On August 10, 2009, Matt Miller, representing Interstate Partners, developer and owner of all the properties within the Boulder Lakes Business Park, submitted a petition requesting the installation of No Parking signs on the temporary cul-de-sac bubble of Ames Crossing Road, within the Boulder Lakes development. • The Minnesota Valley Transit Authority (MVTA) plans to extend bus service to the Boulder Lakes development beginning in September 2009. • The reason for the no-parking request is to provide space to allow MVTA buses to turn around within the cul-de-sac. • The no-parking restriction will be lifted upon the future extension of Ames Crossing Road. • The petitioner owns all property surrounding the proposed no-parking area, so no additional notice to other property owners was necessary. ATTACHMENTS: • Location Map, page • No-Parking Petition, page. TEMPORARY CUL-DE-SAC ~ C PAP NORTH 1" = 100' , F30ULDER IO LAs 0 zI ~cn = NO PARKING co iLU LONE OAK ROAD Ames Crossing Road - Temporary Cul-de-Sac City Ea aIl Aug. 12, 2009 y No Parking Petition Engineering Department FOR CITY USE ONLY Date Received 06 10 ' 9 City O e eted aa u11 Approved ? PETITION Denied ? NO PARKING SIGNS I/We, the undersigned, hereby petition the City Council of the City of Eagan to install No Parking Signs on: The Odd/Even/Both (circle one) sides of -r.+ Sp u-c0s-y-y Sri o ?i vs- * s 1ss I K" bvee-~-~- and I/We request this parking restriction for the following reasons: 1. S 2t OL T "P .I..ItiS I"- < r, F. g`~SES Cft '-r Tu2N 44-e-DUAJA 2. t ?y ~E- $AC t4 Grams 49-k: fib' 4a-.K--E I ?j r-.; 3. 4. I/We request that the City Council take this petition request under consideration at its earliest opportunity. Name (Please PRINT and INITIAL) ADDRESS C C_ I 1. ~ { TT i.) t 114LEfZ Y SOD cS~LXs J~.200r S T7t~/C 41" SS,O! 2. 3. 4. 5. 6. 7. 8. 9. 10. G:/FORMS/PETITIONS/No Parking Signs 2 Agenda Information Memo August 18, 2009 Eagan City Council Meeting M. CONTRACT 09-12, DIFFLEY ROAD & RAHN ROAD - INTERSECTION/ROUNDABOUT IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract 09-12 (Diffley & Rahn Road - Intersection/Roundabout Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09-12 provides for construction of a roundabout at the intersection of Diffley Road (County State Aid Highway 30) and Rahn Road, as well as the construction of a bituminous trail on the north side of Diffley Road from Rahn Road to Blackhawk Road. • On June 2, 2009, the City Council awarded Contract 09-12 for these improvements. • Change Order No. 2 provides for: o Part I - The modification of the existing water service to the church in the northeast corner of Diffley Road and Rahn Road, to relocate the curb stop outside the street surface. o Part II - The modification of the existing drainage structures in the intersection. • The change order provides for an estimated ADD of $4,076.60 (0.43% of original contract). In accordance with the project agreement between the City and Dakota County, the County will be responsible for 55% of the cost ($2,242.13) and the City will be responsible for 45% of the cost ($1,834.47). The City's cost of the additional work will be the responsibility of the City's Major Street Fund. • The change order has been reviewed by the City's Engineering Division and Dakota County and found to be in order for favorable Council action. Agenda Information Memo August 18, 2009 Eagan City Council Meeting N. LOTS 20 & 21, BLOCK 1 CHATTERTON PONDS TRAIL EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the request to vacate public trail easement on Lots 20 & 21, Block 1 Chatterton Ponds and schedule a public hearing to be held on September 15, 2009. FACTS: • In conjunction with trail overlay work being completed under Contract 09-08 (Citywide Trail Improvements) within Berry Ridge Park, it was discovered that the existing trail easement across Lots 20 & 21, Block 1 Chatterton Ponds did not cover the existing trail alignment. • While obtaining a new trail easement from the property owners that accurately covers the existing trail alignment, the property owners requested that the existing inaccurate trail easement be vacated. • All necessary replacement trail easements have been dedicated. • Notices will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: 22 • Legal Description, gra hic, pages33 and • Location Map, page. 3g 75G657 TRAIL EASEMENT THIS INDENTURE made and entered into this Zgf!"-dsy of CL~,.(.1 , 1, 2 1986,• by and between ROBERT ENGSTROM ASSOCIATES, INC., as Grantor, and the CITY OF EAGAN, Dakota County, Minnesota, as Grantee. WITNESSETH WHEREAS, said Grantor is the owner of the tracts of land in the City of Eagan, Dakota County, Minnesota, legally described as follows: Lots 20 and 21. Block 1, Chatterton Ponds, according to the recorded plat thereof. NOW THEREFORE, the said Grantor in consideration of One ($1.00) Dollar and other good and valuable consideration to it paid by Grantee, receipt whereof is hereby acknowledged, hereby conveys, warrants and dedicates to said Grantee, its heirs and assigns, for trail purposes, together .with the unrestricted right to improve the same, free and clear of all encumbrances, the following described tract of land: Such perpetual trailway easement to be 10.00 feet wide, the centerline being described as follows: Beginning at the northeast corner of said Lot 21; thence on an assumed bearing of South 0 degrees 54 minutes 24 seconds East along the easterly line of said Lot 21 a distance of 79.71 feet; thence southeasterly a distance of 17.13 feet along a tangential curve, concave to the northeast, having a central angle of 43 degrees 24 minutes 66 seconds and a radius of 22.62 feet; thence South 44 degrees 18 minutes 30 seconds East, tangent to said curve, a distance of 110.35 feet; thence Southeasterly a distance of 19.70 feet along a tangential curve, concave to the southwest, having a central angle of 24 degrees 22 minutes 31 seconds and a radius of 46.30 feet; thence southeasterly a distance of 141.06 feet along a reverse curve hating a central angle of 61 degrees 50 minutes 14 seconds and a radius of 130.70 feet; thence South 81 degrees. 46 minutes 13 seconds East, tangent to the last described curve, a distance of 2.07 feet to the most easterly line of said Lot 21 and there terminating. The Grantor, for itself, its heirs, executors, administrators and assigns, does covenant never to cut, damage, destroy or remove any tree.or shrub or other natural growth upon the hereinbefore described 'premises for the continuance of this 'easement, and does hereby grant and convey to the said City of Eagan all grasses, shrubs, trees and natural growth now existing on said lands or that may be hereafter planted or grown thereon. The Grantor, for itself, its heirs, executors, administrators and assigns does hereby release the said City of Eagan, its successors and assigns', from all claims for any and all damages resulting to the lands through and across which the parcel of land hereby conveyed is located by reason of the location, grading, construction, maintenance, and use of a public trail over and upon the premises hereby conveyed and from the uses incident thereto, and the said City of Eagan shall have the right to use and remove all earth and other materials lying within the parcel of land hereby conveyed-and the right to III i . construct and maintain, upon the lands adjoining the parcel hereby conveyed, such portable snow fences during such months as weather conditions make necessary. All stumps and other debris resulting from the clearing of the right-of- way will be disposed of by Grantee by burning or otherwise, according to law. The Grantee shall have the right to post such signs and posters along said trail as are deemed necessary and suitable to define the above lands and Locate them for public use. IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first above written. ROBERT ENGSTROM ASSOCIATES, INC. By: Its: VA ete, ow ff- And Its: STATE OF MINNESOTA) ) as. COUNTY OF1 )J On this L' day of 19,0G, before me a Notary Public within and for said County personally sad to me personallyhnown, who, b ing each. by me duly sworn that f e,' ass reavoo zsaty the tce_c,Cr.,at and 7'r.[t,? of the Corporation named in the foregoing instrument, and that R77- seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said @md acknowledge(s said instrument to be the free a and deed of the corporation. ^ (S E A L) r....c~ (Y7i THIS DOCUMENT DRAFTED BY: ¦ Hauge, Eide & Keller, P.A. XpANNELUDRICH 1200 Yankee Doodle Road XffARY PUBLIC-MNNJES01A Water View Office Tower, Suite 303 NENummOOUn Eagan, MN 55123 My Caawitdas Eapra Sao. 29.1992 (612) 456-9000 EXEMPT FROM STATE DEED TAX STAMPS Exempt from Dakota County Deed Tax COUNTY C0NffRv^1n0N none" .1homno V 41N Ak. c 1111p a'~' Dakota County Trs ww OMWTA COUNTY TAEASWIER 1 ~ -7 19604 S.F' 16 N is-~`~o"~ /JGRossv3Ls.E 18366 S.F. POND= 9795 S.F NET;2S196S.F2;~1,~ rt~M t y A 99 5~ ~y o9~. ro % 15404 S.F. of. N N ok, g . cl 77 to ~ 19 • rt" 15 662 S.F. r S 89"38`21"E C~ ,/tea 4-40• 23 GROSS S 17603 S.F POND* 590 S.F NET* 170 1 3 S.F GROSS 26427 S.F PNET02 1773 S.F. Ca F•~ k~ ~9 Z3~• ~ PHOPOSEO p' Ci t CENTER LINE OF JO FT, 24 22 W£ £ PATHWAY { 14389 S.F. GROSS ;30563 S.F. AS£M£N T POND 1700 S.P ~ NET*28863 S.F. o GROSS* 43530 S.F i POND ¦ 16 267 S.F NET' 27263 S.F. t pi ISE Agenda Information Memo August 18, 2009 Eagan City Council Meeting V. PUBLIC HEARINGS A. VARIANCE - JAMES BARTON DESIGN BUILD INC. ACTIONS TO BE CONSIDERED: To approve a Variance to allow for construction of a garage addition with living space above, within the 10-foot side yard setback requirements on property located at 540 Esk Lane and legally described as Lot 2, Block 3, Coventry Pass. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The property contains an existing single-family home with an attached two-stall garage. ? The applicant proposes additional living space by adding a second story above the proposed third stall garage. ? The proposed living space would be setback 5.5 feet from the property line; an encroachment of 4.5 feet into the required 10-foot setback. ? Lot coverage and other yard setback requirements are satisfied. ? The applicant's stated hardship relates to the aesthetics and cost of the addition. ? Three letters in support of the Variance have been received and are attached. ? The requested Variance appears to be a minimal request to alleviate the stated hardship, however City Policymakers should determine if aesthetics warrant a variance from City Code requirements. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: September 27, 2009 ATTACHMENTS (3) Location Map, page Planning Report on pages 44through,~~iQ Letters from neighbors on page through 4a Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint 0 ~ 85 D ®Sub-ect Site wm' ® © t 6 aAQ 9 g Q u ~ ~ g ®A ® ® O ® cq • 1y ° e ` a 0 W ao~ e ® a s i ® { > p ® a y v® ® a is a a". s *ft ® ® v ~ i® a a o e m ® O ®m a a~ • m ~ y a m i m° e 0• ® e a. ~ i s ~ °3 s a, ® 9 ® m We a ®eg d ~ ~ so • ti° a Ca a 1000 0 1000 2000 Feet DevelopmentlDeveloper: 540 Esk Lane Application: Variance Case No.: 24-VA-05-07-09 N i1 O1 THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E ` E*R The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S community Dow/opmu.t napmb...nt PLANNING REPORT CITY OF EAGAN REPORT DATE: August 13, 2009 CASE: 24-VA-05-07-09 APPLICANT: James Barton Design Build HEARING DATE: August 18, 2009 PROPERTY OWNER: Marilyn Foreman APPLICATION DATE: July 29, 2009 REQUEST: Variance PREPARED BY: Sarah Thomas LOCATION: 540 Esk Lane COMPREHENSIVE PLAN: LD, Low Density ZONING: R-1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a Variance to allow for construction of a garage addition with living space above, within the 10-foot side yard setback requirements on property located at 540 Esk Lane and legally described as Lot 2, Block 3, Coventry Pass. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. 44 Planning Report - 540 Esk Lane Variance August 18, 2009 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. g. Whether the property for which the variance is requested is in compliance with the City Code. CODE REQUIREMENTS City Code Section 11.60, Subd. 5 requires a 5 foot side yard setback for garages and a 10 foot side yard setback for principal structures on property zoned R-1. BACKGROUND/HISTORY The Coventry Pass development was platted in 1989 and this home was constructed in 1990. As of the date this report was written, three letters of support from neighbors had been received and are included as attachments. EXISTING CONDITIONS The existing 1,344 square foot single-family home has an attached two-stall garage. The lot is located on Esk Lane, east of Dodd Road. The property is pie-shaped and currently the garage is setback from the side yard lot line at 16.5 feet on the north side and 19.5 feet from the south side. EVALUATION OF REQUEST Proposal - The applicant proposes a two-fold project; construction of a third stall garage, which will meet setback requirements, and construction of living space above the garage. The living space would require a variance of 4.5 feet on the front corner (north) and 2 feet on the rear corner of the expanded garage (south). Setbacks - The proposed addition to construct living space above an expanded garage would result in an encroachment of living space of 4.5 feet into the required 10-foot setback. All other setbacks are met. Lot Coverage - City Code permits a maximum building coverage of 20% for single-family lots. The existing lot coverage is 11% and the proposed lot coverage is 13%. Variance Criteria - The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a demonstrable hardship or difficulty. LI E7 Planning Report - 540 Esk Lane Variance August 18, 2009 Page 3 The subject site is approximately 12,490 sq. ft. in area. This is slightly more than the minimum lot size requirement of 12,000 square feet. A single family dwelling with an attached two-stall garage is present on the site and it does not appear as though special conditions (i.e., topography, unique lot configuration, vegetation, etc.) are present on the property. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties and to provide green space. Since the request is to encroach into the side yard setback, it appears to be contrary to the intent of the ordinance. A demonstrable difficulty is required to grant relief from the minimum required side yard setback. The applicant is requesting relief from a required minimum setback to allow for the construction of a 286 square foot addition for a third stall garage with living space above. A reasonable use, single family dwelling with attached garage, is present on the site, so the owner has the same use as others in this area and would have the same opportunity for use of the property without relief from the Zoning Ordinance. APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant the addition can be constructed to meet the setback requirements but the design of the home would "make the project one big square box which is not good for the curb appeal or resale of the neighboring properties, and the extra engineering involved would make it impossible to build from a financial standpoint." The applicant's narrative states, "The living space is proposed to align the outside wall with the new garage for load bearing purposes and layout of the new space." The applicant further notes that the living space is planned for use as closet space to provide the homeowner additional useable square footage. Without the Variance, the applicant could utilize construction methods by the addition of a load bearing wall, which would allow for the construction of the space; however this space would need to be for cold storage and not meet the homeowners' needs. SUMMARY/CONCLUSION In summary, the applicant is requesting a Variance to the required 10 foot side yard setback to allow construction of a third stall garage with living space above at 540 Esk Lane. A single- family home with a two-stall attached garage is present on the site. The applicant has stated that the addition can be constructed to meet setback requirements but the design would not be as appealing as the proposed project. The requested Variance appears to be a minimal request to accommodate an expansion of the garage and home, resulting in more usable space for the family. However, City Policymakers should determine if the aesthetics of the home warrant a variance from City Code requirements. 4 Planning Report - 540 Esk Lane Variance August 18, 2009 Page 4 ACTION TO BE CONSIDERED To approve a Variance to allow for construction of a garage addition with living space above, within the 10-foot side yard setback requirements on property legally described as Lot 2, Block 3 Coventry Pass, located at 540 Esk Lane. If approved, the following conditions should apply. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The addition shall not exceed the size shown on the proposed site plan received July 30, 2009. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. 47 Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint r.a T 4Dm O vo f Q b d iY m 8 d es 6 86 9 v Sal mo ©0~8 Subject Site ~ a ® ® w opm a n 8 c a4wraraG Q f~ ~ ® ~ ~ 6 ~ " p53ti~ mad ® a ® ® ® a e P- An s m " a ssss a 4p ~ ~a ~ tl r a >i VV ~~yy5~~`~y z ~ d~a'~ ® + b 0 ® p S e® ® 4 Oca ~d c p og g p ae A® 0 ® ® 0 0 18 qdo ®0® as @G a 0 9m d 1b ® ~ ® q m ~ Q E5 d e a 9 $ @ S s m D' ~o d t a? s ® © > 0 ~ 0 ~ ® ® 4 ~~Er~ d 6 8® • O b f e w a Q B s! a dr® e d ~ ~ ° So 0 b 9 1000 0 1000 2000 Feet Development/Developer: 540 Esk Lane Application: Variance Case No.: 24-VA-05-07-09 4~~ N THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E City of Eat The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S t ommunity Mv&opmant Department Current Zoning and Comprehensive Guide Plan Land Use Map James Barton Design Build Variance 24-VA-05-07-09 Zoning Map v L - a i. • I-1 P A r + w. FCurrent Zoning: I + * , Location R-1 Residential Single Family + • , , 0 7 M ? Fa r w t r e P ! t ."w ~ e s • a . * • Soo 0 Soo 1200 F..t _ • /74 t R. Comprehensive Guide Plan Land Use Map • ¦ , LO • LD P .e+w • . ' 4 LD Location Current Land Use Designation: + , s • LD r w • Low Density Residential P P • » ' " ? • ~ 'r• a .e . e . ? a e w • LLLLLL w Soo 0 SDo 1200 F..t P Party/ base DyjqormatIen provided by Dakota County Land survey Department D.omber 2005. N ZonMp /p/ormatbn ma/nhMed by City Stal6 W THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Evan The City of Eagan and Dakota County do not guarantee the accuracy of this information. S P-0 PO sr-- 0 SURVEY 2,122 Enterprise Drive PIONEER Mendota Hei0its• MN 55120 engineering.. 11(6121681-1914 Certificate of Survey for: TOC o ITWIV0 CoMp! l Y NaRrH 9a z. 7 tS q.¢ •1d'.. 9az.~,~al fi . -Sr ~r 9q , s6 o~b`\ 1 \ c:896 S 7 t.• ~y 4p /til~~ ~ c ~9 9 6~ F 0' it r rv / Z- a P.p°,o>s E3 / •n X33 ~ti 591.52 9 / -iy ti r ~ ~b co a9G\• s 89~ •1~ a` I-- 61GIO o9j9 SALGAN ENGINEERING DEPT 900.0 • Denotes exisfin¢ elevation D Sm I-foc E vow 900.0_ Denotes proposed elevation Lowest floor ((eva/ion 87,&.3 Denotes brainage E UhlIrrows Easement loop o ^ Block Eleval ion 104.3 Denotes Drainage Flaw Garage Slvb Elevation 9Qy. o o Denotes monument Becirinjs shown are assumed a Denotes t7} f'se L0712,BLOCK 3 , COVENTRY PASS DAKOTA COUNTY, MIJVNESOTA Subject to easements cC record I hereby certify that this survey. plan or report was prepared by me or under my direct supervision and that l am duty Registered Land Surveyor under the laws of the Stale of Minnesota, Dated thls_.../ 1 tiay or -A-D. V9 -gf2-;,, - S ZY- c8Ca : 1 inch d n i2ef 7xfL/ POREhT R. SIKJCrt L.S. r1EG_ NC). 14191 11 889112.1 ~DU RECEIVF_f • . 11-- 1 f1 701IIL,.• • ~ ~ fix, _ [ ~t~ ~rs ~ ~~y" F !'1 ~7 ~ s~ ~ 1 ^qr ~ "S%i ~...r~ i fi . I., fi gF xt v. It , F_ f 4 v F 1 N 4V'3?'~ t ~~~k, i ~p r 1 1 ~t to J i n . r . 3,M _~Y '4 rt °+dF F AEi+, j,l 11 ~I i r xN ~1r. L y rE~~ e a TMYtia.~~ VIM ffi • : 1L~T n ~y~ f k., aM' ~dn ..wow. 1 { tT ~ ry~,~ ' ~.,,rt3.ycekt i { 'k. tit, 1, t t{~ 8 .ws NOTE: THESE DRAWINGS AND DESNlSHERENARE COPYWME 0 PROTECTED PROPERTY OF AVIES RMTONDESI N WILD. W. FINAL SPECFCATIM AND DRENSCNS TO BE VERFEDDLIRND PLAN FNMMUN. L4 I i3 GENERAL NOTES Td WCELLIN6111! HT GQ j HEADERS TO EE (7) 7x10 (L)A. NOTED) CALILXAND FLASH ALL EXTERIOR OPENINGS SMOKE ALARMS INSTALLED PER CODE m~ f~F FIRE BLOCK AS REQUIRED Co DETECTORS INSTALLED PER GODS ALL DIMENSIONS ARE FRAMING (u.O. NOTED) T r - V'n Cd L z a )LEFT SIDE ELEVATION 3 RIGHT SIDE ELEVATION z ve - ro 1 iro . ro E c 0 o z o w zzz s REAR SIDE ELEVATION Q W Q=w W U BID SET DRAWING DATI 7-28-09 REVISIONS 4. xxxx PROJECT NUMB T 7- VENT ZZ, SHEET 1 FRONT ELEVATION ASBUILT 1 OF o p NOTE: r+ THESE DRAWINGS AND DESGNS,ERENARE COPYWRDE PROTECTED PROPERTY OF JAWS SARTONDESGNNRD.NC. C FNALSPECFICATGNS AND DIMENSIONS TO BE VERFEDDLRNG A'• PLANFNALIZATGR ~ 6ENERALNOTES O'GESIN SHE "T HEADERS TOSE(7)]K,ONA.NOTED) - i CAULK AND FLASH ALL WERIOROPENIN65 SHONE ALARMS INSTALLED PER GODS FIRE SLOGK AS REODUIED CO DETECTORS INSTALLED PER GODS ALL DU4ENSIONS ARE PRAHIN6 (u.O. NOTED) - y Q' xei r plum 4 LEFT SIDE ELEVATION 3 RIGHT SIDE ELEVATION o 0 0 0 0- Z - oZ W 0w o- M" :z o s REAR ELEVATION D Q T- T- BID SET DRAWING DK 7-28-09 REVISIONS 4. xxxx PROJECT NUM 1E~% UST SHEET FRONT ELEVATION ROPOSED 5OF C NOTE. p THESE DRAWINGS AND DESIGNS IERENARE COPYWRIIE PROTECTED PROPERTY OF JAMES BARTON DESIGN BULD. INC. 0 FNALSPECEICATONS AND DIMENSIONS TO BEVEREED DURING 1.+ PLAN FEIALDATCN Ay a7 DECK ABOVE v Cd 344r 3T4r ra '9jr s r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • I , I EDNtTNO \ I CONCRETE REMOVE CURB TO ElUS1RNi • . L REMAW CONCRETE Z I t pC ~ Q J •I I ~ g CL La Z rr § ~Ii :o ry Z Q UNEXCAVATED Q J 0 nZ w MEGH I..I I.I Qaw ~ I~'I ----J •I W O I I I L---~ I" Q U ...I BID SET DRAWING DAT Tza ss ra ss m4r 7-28-09 REVISIONS 3. 4. xxxx LOWER LEVEL FLOOR PLAN 6EHERALHOTES 6• CEWN6 Ne16HT PROJECT NUMB TM•'T•-0' HEADERS TO Be(r21(10(0 D. NOTED) CAULK AND FLASH ALL EXTERIOR OPENIN6S SMOKE ALARMS INSTALLED PER CODE FIRE BLOCK AS REQUIRED SHEET CO L DETECTORS IN PER CODE PROPOSED s of o ALL DIMENSIONS ARE RE FRA FRAMING ND. NOTED) F ~ t s~ e { f; tF Wy~`y. 1 1 r iy Sl z -f v ~ M yi ~~b&5s 4P ~ i. I o-FRk. Ng, f*. !W'.• a 44. W.r efw~e -MIirl . wry. ! ~v.Y11 ~N q1 Mang .nv~ww~u~~ F•N+M+ irra. i1~ur+j ~ ~ i MAY i•~~^~F I- z 0 cr- a Z O I- RECEIVED JUL 3 0 2009 W J W MEN ago _ ate. Eau mom IRS man 7, _ - no rii Bill iIV- III Its '%~V Td - ..~9a,~ 1 3+s ~Yr l }~Lni x It,!?~ i t U 9 L.Li Z fl i _ ~ y ldr{~ti ~ r yyin 0 z 0 w J W tl r d Sr ~ J J Y4 4f1 f k y 7 t y iw I ~~rf,~ r/ ~r ~ 1974 !4~ r ~x~' • yR-. 'Y r~`~ a , ~ it h Y 4 a 4 ~ ~ t~f .r; ~•li.+;.~ ~ c J f,Ji, v;J ~S.e? s X~' h .r' 'Fj rrJ 1 .e t -t ~,rN , lfyry x !y r All" l ~ z ,r ~ 3 t i a.Y t VT 4A t ' 1 1 a - t t rY.. k~' }I~ 9 i. -y/k y..,~ft'f'-7xcs •1i off'' t{tZWt'fi~ v Y. Y;t ~Cr.. l~ 'N f~ ys'3 r~'. ~c~ hY X 44 e 'g £ 9 kz f- ames ~;,...FSrt` LML Barton 1 -Design-Build Inc. Fine Home Remodeling 5920 148th St. W. Suite 100, Apple Valley, MN 55124 Office 952.431.1670 Fax 952.431.8468 www.jamesbartondesignbuild.com July 29, 2009 Re: 540 Esk Lane Eagan, MN Variance Request: We are adding a third stall garage attached to the existing two car garage. There is currently 16.5 feet from the existing garage to the lot line and 18.5 feet from the rear of the garage to the lot line. The lot is pie shaped so the further we go back the wider the lot becomes. The garage is being built at 11' therefore allowing the 5' set back as required. The second part of the project is constructing a second story over top the existing and new garage space. We are asking for a variance to construct the upper level so that the outside wall is aligned with the new garage outside wall for load bearing purposes and layout of the new space. Also it adds more curb appeal than a square box by allowing us to offset the front elevation. On the front corner we are asking for a variance of 4.5' for the upper level and at the rear of the existing garage 2.5'. The distance at the back of the new garage addition is approximately 2' that the variance would need to be granted for. We have worked with engineers on the floor trusses and roof trusses and when it comes down to point loads and extra engineering involved to have the upper level stop over the open space in the garage below the costs is raised substantially making it impossible to built from a financial standpoint. If we pull the upper part back to the required 10' off the lot line the garage would still be at the 5' mark. In order to pick up load bearing, we then need to square off the front of the addition which makes the project one big square box which is not good for the curb appeal or resale of the neighboring properties. We have talked to all the surrounding neighbors and they are all in favor of the variance, letters will follow the request from those neighbors that border the property and those across the street. Sincerely James Madsen James Barton Design-Build Inc. RECEIVED JUL 3 0 2009 Jul 31 2009 10:43RM 6514521806 p.3 r, X24,2009 RECEIVED AUG 10 2019 To City of Eagan, We am neighbors of Christopher and Marilyn Foreman and are writing a ort er confr t3ra aware of their plans to add a third garage stall with rooms above. We realize that they need a variance to complete the addition desired. We have no concerns and give our foil support to the project as planned. Bob and Sue Ashton ;4-4~ 539 Esk Lane Eagan, MN 55123 651-69S-9476 (Ov Jul 31 2009 10:43AM 6514521806 p.2 RECEIVED AUG 16 200- July 29; 2009- We are aware of Christopher and Marilyn Foreman's plans to remodel their home, and we have no problem whatsoever with them adding-an addition abo a their exittirtg garage and 'hor-ne. Sincerely, Steve andAnne Albers 536 Esk Lane Eagan, MN 55123 651-452-7669 ~0 ~ Jul 31 2009 10:43RM 6514521806 p.1 RECEIVED AUG 1 p ZOOg City of Eagan 30 July 2009 3830 Pilot Knob Road Eagan, Minnesota 55122 Marilyn and Christopher Foreman Addition 54o Esk Lane Eagan, Minnesota 55123 To Whom It May Concern: Marilyn and Christopher Foreman of 540 Esk Lane have notified us of an addition they intend to make to their house. We understand the construction will require a variance per existing City of Eagan building codes. We do not have any concerns regarding this variance per the construction plans being submitted with this letter as long as it meets the building codes of the City of Eagan (Minnesota) and is approved by the City of Eagan. Sincerely, wl' Thomas and Anne Mootz 535 Esk Lane Eagan, Minnesota 55123 C: ilk Agenda Information Memo August 18, 2009 Eagan City Council Meeting B. PROJECT 858, CONTRACT 08-13, SIBLEY TERMINAL/ HWY 13 - STORM SEWER IMPROVEMENTS FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: 1. Approve the Final Assessment Roll for Project 858 (Sibley Terminal/ Highway 13 - Storm Drainage Improvements) and authorize its certification to Dakota County for collection. 2. If the Final Assessment Roll is approved without objections, award Contract 08-13 (Sibley Terminal/Highway 13 - Storm Drainage) to G.F. Jedlicki, Inc., for the base bid ($82,315) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Project 858 and Contract 08-13 provide for storm drainage improvements for the drainage area near Trunk Highway 13 and Terminal Drive in northwest Eagan. PROJECT 858 FINAL ASSESSMENT: • On May 19, 2009, the latest Public Hearing for Project 858 was held. After the presentation of the feasibility report and discussion from the affected property owners, the City Council approved the project and authorized the preparation of detailed plans and specifications along with an assessment benefit appraisal for the affected properties. • Due to objections to the proposed assessments expressed at the time of the Public Hearing on May 19, the Final Assessment Hearing is proposed to be held prior to the Council's consideration of awarding the contract. Since any non assessable cost will become the responsibility of the City, the limiting assessable benefit valuation is presented in the Final Assessment Report for the Council's consideration. • The Final Assessment Roll was presented to the City Council on July 21, 2009, with a public hearing scheduled for August 18 to formally present the costs associated with this public improvement to the affected benefiting properties. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. Detailed information was mailed to the affected property owner (Global Equity Partners). CONTRACT 08-13 CONTRACT AWARD: • On June 2, 2009, the City Council approved the plans and specifications for Contract 08-13 and authorized a solicitation of formal bids to obtain a firm construction cost estimate of the proposed improvement. • At 10:30 a.m. on July 16, formal bids from each bidder were received for this project. The low bid is 38.9% below the Engineer's Estimate and 41.6% below the Feasibility Report estimate. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from G.F. Jedlicki, Inc., has been reviewed by the Engineering Division and is in order for favorable Council action. ATTACHMENTS: / • Project 858 Final Assessment Report, pagel through. • Contract 08-13 Bid Summary, enclosed on page <1015 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 858 Assessment: August 18, 2009 Name: Sibley Terminal/ TH 13 Project Approval Date: May 19, 2009 Storm Sewer Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY STORM SEWER SEWER ? Trunk ? Trunk ? Lateral E1 Lateral Based on See AADoraisal Report ? Service ? Lat. Benefit/trunk WATER STREET ? Trunk ? Gravel Base ? Lateral ? Surfacing/ Signs ? Service ? Multi Family Equiv. ? Lat. Benefit/trunk ? WAC ? C/I Equiv. ? Conc Entr. OTHER STREET LIGHTS ? Service Pair ? Installation ? Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 08-13 2 15 Years 6.5% $324,790 F.R. $0 F.R. $248,610 $44,705 (F.R. = Feasibility Report) 64 41ky~ City of Eaaail MeMo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: August 14, 2009 Subject: Final Assessment Roll, Project 858 Sibley Terminal/ Highway 13 Storm Sewer Improvements At the public hearing on April 19, 2009, the City Council approved Project 858 (Sibley Terminal Industrial Park - Storm Sewer Improvements) and authorized the preparation of detailed plans and specifications and along with an assessment benefit appraisal for the affected properties. In accordance with the feasibility report, storm sewer improvements along the east side of Highway 13 to divert drainage away from properties on the west side of Highway 13 are proposed. Subsequent to the public hearing, an independent appraiser rendered an opinion as to the amount each of the improvements increased the value of the affected properties. The improvements have been bid under Contract 08-13. The following information was used in the preparation of the assessment roll for Project 858. PROJECT COST The construction cost is estimated at $82,315 based on the low bid received from G.F. Jedlicki, Inc. on July 16, 2009. Easement costs totaling $141,600 have been incurred. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other are estimated at $70,000, for a total estimated project cost of $293,915. EST CONST OTHER COSTS/ EST FEASIBILITY IMPROVEMENT COST EASEMENT IMPROVEMENT REPORT COST Storm Sewer $82,315 $211,600 $293,915 $324,790 1 ASSESSMENTS • TRUNK ASSESSMENTS Trunk assessments for storm sewer have been previously paid by the benefiting properties and, therefore, none are proposed in this assessment roll. • PROJECT ASSESSMENTS Due to objections to the proposed assessments expressed at the time of the Public Hearing on May 19, the Final Assessment Hearing is proposed to be held prior to the Council's consideration of awarding the contract for the improvements. Since any non assessable cost will become the responsibility of the City, the limiting assessable benefit valuation is presented for the Council's consideration. Property ID Number Address Appraiser's Opinion Based on FR 10-68050-011-02 3207 Terminal Drive $0 $ 78,629 10-68050-020-02 3220 Terminal Drive $335,520 $ 160,786 10-68050-010-02 Vacant $174,480 $ 83,614 Totals $510,000 $324,790 Based upon this appraisal, it is proposed to assess the following estimated project costs to PIN 10-68050-010-02 and PIN 10-68050-020-02: Construction $82,315 Easement $141,600 Other indirect costs $24,695* Total Assessment $248,610 *Note: Because of the long duration of preliminary City and outside agency project approval, other indirect costs capped at 30% of estimated construction in accordance with approved feasibility report. Indirect costs at time of this report were approximately $57,100. Property ID Number Address Special Assessment 10-68050-010-02 Vacant $85,110 10-68050-020-02 3220 Terminal Drive $163,500 Total Assessment $248,610 Any amounts not assessed will be financed by the City's Storm Sewer Trunk Fund. • ASSESSMENT TERMS The assessments are proposed for a term of 15 years for commercial/ industrial properties. The interest rate is 6.5% per annum on the unpaid balance for all assessed properties. CITY REVENUES (RESPONSIBILITY) EST IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Storm Sewer $293,315 $248,610 ($44,705) ¦ CITY FUND RESPONSIBILITY Storm Sewer Trunk Fund: $44,705 2 WL Jo Gorder, P.E. Reviewed Reviewed Publa6 Works Department Fi ce Department - iq-oR 9-1`[ - 0A Date Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney/ Sue Sheridan, Accountant I 3 7 BID SUMMARY - CITY CONTRACT 08-13 SIBLEY TERMINAL INDUSTRIAL/ TH 13 STORM DRAINAGE IMPROVEMENTS CITY PROJECT 858 COMANCHE ROAD WATER MAIN IMPROVEMENTS (ALTERNATE BID) Bid Date/ Time: 10:30 a.m., Thursday, July 16, 2009 13 Bids Received - Low 5 Bidders Shown Contractors Total Base Bid Alternate Bid 1. G F Jedlicki, Inc. $82,315 $89,896 2. Stocker Excavating $86,947 $99,059 3. Northwest Asphalt Inc. $90,324 $89,601 4. Carl Bolander & Sons $90,793 $91,624 5. Quiring Excavating $93,233 $85,785 Project I Bid Feasibility Report ' i Under I I Under Estimate FR Estimate Estimate Eng Estimate 858 $82,315 $140,915 -41.6% $134,700 -38.9% t Bid 1 i ' 1 1 ' Estimate Estimate Eng Estimate Bid Report Comanche $89,896 NA NA $114,300 -21.4% Rd Water Main G:Projects.&Contracts/08-13/Bid Summary Results Agenda Information Memo August 18, 2009, Eagan City Council Meeting VI. OLD BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT AND PLANNED DEVELOPMENT AMENDMENT - COVENTRY SENIOR LIVING ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Land Use Plan Amendment (OR direct preparation of findings of fact for denial) that would change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density), to allow for a 56 unit Senior Living Facility at property legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition, in the NW '/4 of Section 16. REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: ? A neighborhood meeting was held on July 28, 2009 at City Hall to discuss the proposed revisions to the Site Plan. Those present included: the applicant, architect, city staff, BCBS representative and four neighbors. ? The Applicant has submitted a modified plan set which reduces the number of units to 56 units (4 one-bedroom and 52 studios). While similar deviations exist, they have been reduced. These changes are a result of discussions which occurred at the City Council, Advisory Planning Commission and Neighborhood meetings. o Deviations include: ¦ Exceeding density allowed under R-4 zoning (reduced from 28.4 to 24.8 units per acre) ¦ Parking of less than two stalls per unit; the current proposed parking results in 1.1 stalls/unit. The original request provided 43 stalls. The revised request provides 63 stalls (23 surface, 20 underground, and 20 proof-of-parking) ¦ Building coverage greater than 20 percent (reduced from 25% to 22%) ¦ Recreation area less than that required (required = 12,800 sq. ft. Previously proposed 3,060 sq. ft. Now proposing 7,450 sq. ft. The patio area is 2,250 sq. ft. and proof of parking area is -5,200 sq. ft.) ¦ Parking stall width (same, 9-foot stalls) ¦ Building setback less than 50 feet from Yankee Doodle Road (at 50 feet) ? The subject site is part of the Blue Cross Blue Shield East Campus Master Plan. 61 ? The Council approved a subdivision in 2003 to allow 12 unit townhome buildings on two separate lots. ? The Council approved a Planned Development Amendment to allow one 24 unit townhome building on two lots in 2007. Due to market conditions this application was withdrawn prior to recording of the approvals. ? A 71 unit Assisted Living Facility was proposed on the site in 2008 but ultimately withdrawn prior to Council action. ? Access occurs from Hunt Drive, which was renamed from 81St Street, via Coachman Road, South of Yankee Doodle Road. ? The site has been graded and the parking lot and storm water pond were also installed with the 2003 approvals, but modifications will be required per the proposed plan. ? Surrounding development consists of Single Family homes, Apartments, and the City Maintenance Facility. ? The proposed Site Plan identifies a 64 unit Senior Living Facility with a density of 28.4 units per acre, which constitutes the need to reguide the property. ? The proposed amendment would require a number of deviations from standard R-4 (residential multiple) zoning. ? The Advisory Planning Commission held a Public Hearing regarding the proposed Comprehensive Guide Plan Amendment and Planned Development Amendment on June 23, 2009 and is recommending denial. ISSUES: ? The Council may want to add a condition as to what will trigger the build out of the proof-of-parking. The following is a condition of approval for the proof of parking at the Clare Bridge development, "If after review by the City, it is decided that additional parking is needed due to extensive on-street parking, additional on-site parking must be provided within one year of notice to the Applicant or its successors or assigns." ? Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Planned Development Amendment request will be withheld until the Metropolitan Council has responded to the proposed Comprehensive Guide Plan amendment. However, it is appropriate for the Council to comment on the other request at this time. ? Subsequent to review by the Metropolitan Council, if so directed, the following action will come back before the City Council for consideration: • To approve (OR direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow for a 64 unit Senior Living Facility for property legally described as Lots 1 and 2, Block 1, Terra Glenn 3id Addition, in the NW '/4 of Section 16. The applicant has waived the 60-day agency action deadline on this application to allow for the Comprehensive Guide Plan amendment process, which cannot be submitted to the Metropolitan Council until they have approved the City of Eagan's 2030 Comprehensive Plan update. • The applicant must also apply for a Final Plat to combine Lots 1 and 2, Block 1, Terra Glenn 3rd Addition. -7D ? The APC stated that the proposed use appeared too intense for the proposed site with the number of proposed deviations and they saw no compelling reason or public benefit to modify the land use designation to allow an increase in density. ? Many neighbors spoke in opposition to the project due to potential increases in traffic, noise, crime, the hourly workforce, poor aesthetics and devaluation of properties. AGENCY ACTION DEADLINE: The applicant has agreed to waive the agency action deadline. ATTACHMENTS (6): Revised Graphics from Applicant received August 5, 2009 on pages through 7 Location Map, page Draft June 23, 2009 AP Minutes, page7,57through Planning Report on pages-L-Lthrough I Berger e-mail received June 23, 2009 on pages ro~ Property tax information received June 23, 2009 on pages throughl5 1I - - - - 355.03' S89.44'16`E lot Ek15rWi--INIY - - MXWi 5.1-EdGK _ _ I . - WALL-64 $ICW+_____ ID-E' P 1 ~ kL ERISTNG RETANNG ~ I y EUILDING DATA i~l FENICR LIVING .:LT b'NKiH W11TE PVC 4 CNE•EEDK 1`1 UNI'.c w EEWE w GATE Z 5' STUDIO UNITS [!jiIl IKED dl~_ Wk- SEr.EACK 56 IL I!T$ iC'T :L 1- ~I EF%r RE4LIGwk- E - 4b.0J-G9 wl I - ) I 5.. . SURFACE FARKING SF4rE5 SuChN INCLUDING I:CCE551 liil ELE SFACE3 „I u ^O GARAGE SFACE - INCLUC ING II' d vl f gi v~ A_CESSIELESF.CES. u o 1 Ii;i 'LI -EENLW T- y; TOTAL F4RKPKa SPLCE.`. 5CLNC. SUEW:LK ' _'C LppITIC1N=L F-RCCF G'F °U'J\E PAiID FAF.K.ING SPACES n Z 56 UNIT U) EUILDING G E ISUNG SIZE AREA IIII a HI - , m020 SC. FT 5 ACRES W IIII Fil Z - 4 . EiUILDING FOOTPRINT IIII ~~jy r^ °I -----1 I .1560 sQFT. v J T ZUTI fPdftllrYi -I- T -I- r -I i NG RETAMw COVERAGE li~i i GPI _ ~i~ ` I - TiF i I ~KfIA~E 1 CIO!) RE_FEAT- I fl SPACE ~ , EI1V bq5 _ _ _E_______ I- NiEGRk / - SET ` GCNC CURE I _ _ W nER CURE, _ _ - SATER SERVr SEE LNk U I I ~ ' I i 1 - I I 1 I Z z 1j' ttF _ I I L_L 70 _O' PARKNG `»°I_E.:CK _ J W _ E,.STNG RELANw WILL ; L - - - - - PROFERir LIVE 169.26' S89•44'I6`E HUNT DRIVE A 1.1 SITE PL4I I 4 ~ FRO.:' •:;'-C.' SCALE I" C' s :4 ib SCALE IN FEET HO'R'N SCALE- I- : 4C':C' c II F ITS- C :C ?C 4C o E rREMISE33 RECEIV 09 OVERLAY 207.16' N00.2730"W _ _ _ - 6g. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ED, / [ / I I I I I 1 1 III 1 I~ ~ I ` I.. 1~ o n n r 1. --1 j/ n x d ~Jl < Ml m / ~ r rn1 \ >1 A mcl rno I I ci n ^r-1 0 m I N~~ T y 1 I N J I LL.=_- N00•27301W - - COVENTRY SENIOR LIVING NOT TO BE lr'?' P USED FOR DR architects . ~II'~II1R1 ( 1R[ AD ('dEG r'I I'fl';r 3 CONSTRUCTION 73WHWSONBL11D.N..SWE 230 h' a1 ; N H N 3MMALE. NN 55126 FN1651)7141115 FAX 165117354226 -7:5 -Aarchh~ Eagan Boundary Right-of-way Location Map Parcel Area Park Area Building Footprint % ~ 1" s' 2 1 9b ID 1P, JL MEN t9a MORE o®®11112 mob ~ ® o RE 40 HUNT DRIVE r-~ o. 10 sat 1j alh Ell ° Sub"ect Site pp u~ M ci l i' If 9 E I a k ~p 4 a' f gamm ® B ~1 ® a ra w ®Pm®~ a 4F3. ® m ti ra W "A as to ce ® d ~ ' ~7 ~ d m r ON I ® t s~ 4 'll, ~ 1000 0 1000 2000 Feet Development/Developer: Coventry Senior Living Application: Comprehensive Guide Plan Amendment Case No.: 16-CG-02-05-09 N of Ea p MAP IS INTENDED FOR REFERENCE USE ONLY w E tty Ul Ea n The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. s mmmuMty D.v t.nmm't Department B. Coventry Senior Living Applicant Name: Coventry Senior Living Location: 1650 Hunt Drive; Lots 1 & 2, Block 1, Terra Glenn 3rd Addition Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from (SA) Special Area to (HD) High File Number: 16-CG-02-05-09 Application: Planned Development Amendment A Planned Development Amendment to allow a two- story senior living facility. File Number: 16-PA-05-05-09 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated June 17, 2009. She noted the backgroundd~history. She distributed and discussed an email received from resident Jenifer Berger'dated June 23, 2009. Greg Johnson, Coventry Homes, discussed the proposal including - aspects of the facility, setbacks, parking, neighboring homes, the need? for this type of facility in Eagan, delivery schedules, garbage pick-up, screening, recreation space, and the potential for 28 units of rental space if conversion was needed. He stated the paved lane on the west property line was requested by the Fire Marshal. He also discussed the State of Minnesota background check requirement for staff of the facility. Vice Chair Keeley opened the public hearing. Nicole Fox, 3570 Birchpond,Road, stated .concern for.; potential increases in traffic, noise, crime, the hourly workforce, poor aesthetics and devaluations of her home.: Vladimir Storchak, 3542 Birchpond Road, stated: concern for this'type of business being placed in the neighborhood. He;asked where the families. are coming from and stated concerns with problems occurring at other'similar facilities. Chris Young, 3533 Birchpond Road, stated concern for the safety of children and questioned the proper procedures forth ' e applications, and'if:the City Code was being followed properly in that the burden of proof should be on'the applicant that this project would not have an adverse impact on neighboring properties. Alex Gohar, 3545 Birchpond Road, stated concern for the current maintenance of the property and stated the property taxes are delinquent. Amy Ryan, 3513 Birchpond Road, agreed with stated concerns for the neighborhoods property values and the safety of its esidents and also ambulance traffic and the high degree of transient people at the proposed facility. Todd White, 3586 Birchpond Road, stated concern for the safety of his children and stated the facility will see more visitors than projected. He stated he built his home based on the approved 24 townhome unit configuration. Kenny Young, 1716 Terra Glenn Court, stated agreement with all concerns already mentioned. He stated disagreement that the Skyhill Park would be used by the residents of this facility. He stated the park is one-half mile from the facility and the shortest route, through his neighborhood, lacks sidewalks. He disagreed with the projected number of visitors and the level of care promised. There being no further public comment, Vice Chair Keeley closed the public hearing and turned the discussion back to the Commission. City Attorney Bauer addressed the standards used for the Compressive Land Use Plan. He explained what is appropriate for the Advisory Planning Commission to discuss regarding the proposal. Vice Chair Keeley stated medium density is more appropriate for the area. She also stated concern for the amount of parking if the building was converted.:;to market rate apartments. Member Filipi stated agreement with Vice Chair Keeley and; stated the surrounding land use greatly differs from the proposal, which is too dense. He stated he will vote against the proposal. Member Heaney moved, Member Dugan seconded a motion to recommend approval of a Comprehensive Land Use Plan Amendment to`change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special, Area/ High Density) for ; a 64 unit senior living facility on 2.25 acres forjroperty located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3` Addition, in the NW'/4: of Section 16. A vote was taken. All voted against. Motion failed: 0-7. Member Filipi moved, Member Heaney seconded' a'motion to recommend denial of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density),. to SA/HD (SIpeciaf Area/ High-Density) for a 64-unit senior living facility on 2.25 acres forjroperty located at..1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3' Addition, in the NW'/4 of Section 16. A vote was taken. All voted in favor*. Motion carried: 7-0. It was stated that the reasons for denial are the deviations from City Code standards indicating that the project is too dense for the site:. Member Heaney moved, Member Dugan seconded a motion to recommend denial of a Planned Development Amendment to construct a 64-unit senior living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition, in the NW %4 of Section 16. A vote was taken. All voted' in favor. Motion carried: 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 17, 2009 CASE: 16-CG-02-05-09 16-PA-05-05-09 APPLICANT: Coventry Senior Living HEARING DATE: June 23, 2009 PROPERTY OWNER: Yankee Doodle Properties Inc. APPLICATION DATE: May 21, 2009 REQUEST: Comprehensive Guide Plan Amendment and Planned Development Amendment - PREPARED BY: Sarah Thomas LOCATION: Lots 1 and 2, Block 1, Terra Glenn 3`d Addition COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density), and a Planned Development Amendment to construct a 64 unit senior living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3rd Addition, in the NW %4 of Section 16. AUTHORITY FOR REVIEW Comprehensive Land Use Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report - June 23, 2009 Coventry Senior Living Page 2 PD Amendment: Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND/HISTORY In 1981, the city approved a Planned Development for the property that encompassed a variety of uses including Limited Business, Low Density Residential, Medium Residential and Park uses. The subject site is part of Blue Cross Blue Shield East Campus Master Plan. Originally BCBS had a plan proposing a total of 720,000 square feet of additional office space to be added from 2004 to 2015. In addition, approximately 25% of the 162 acre site was devoted to undisturbed area and predominately single family residential along the east and south perimeter where the site is adjacent to single family residential. In 2002 a Preliminary Planned Development was approved to incorporate the master plan which included medium density residential east of the existing campus, south of Yankee Doodle Road, west of the City's Maintenance Facility and single family residential south of the medium density development. The subject site was approved as part of a larger subdivision in 2003, which created 54 single family and 24 townhome units on 39.5 acres of property. The development was proposed to be built in three phases, two single family phases and one townhome phase. The majority of the single family homes have been constructed. A Final Planned Development was approved in 2004 allowing two 12 unit townhome buildings on separate lots for a total of 24 units. The property owner received approval in 2007 for a Planned Development Amendment to construct a single three story building containing 24 condominiums on the medium density property but withdrew the application due to market changes. In 2008 the property owner applied for a Comprehensive Guide Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/MD (Special Area/ High Density), and a Planned Development Amendment to construct a 71 unit assisted living facility but withdrew the application prior to action by the City Council. EXISTING CONDITIONS The subject site currently consists of two platted parcels. The current proposal will require an application to replat the property into one single parcel as well as vacation of existing drainage and utility easements. The property has been graded and the storm water pond has been constructed per the original approvals in 2003. The parking lot has also been installed, however modifications to the grading, pond and parking lot will be needed for the newly proposed development. Planning Report - June 23, 2009 Coventry Senior Living Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Apartments R-4, Residential Multiple HD, High Density Residential South City Maintenance facility PF, Public Facility QP, Quasi Public East Ci Maintenance facility PF, Public Facility QP, Quasi Public West Single Family PD, Planned Development SA, Special Area Residential Homes EVALUATION OF REQUEST Code Requirements - The Planned Development Amendment in 2007 approved the 24 unit townhome building on one lot, however the development never commenced and the applications were ultimately withdrawn. Therefore, the Final Planned Development in effect was executed and recorded in 2004 and approved a total of two 12 unit townhome buildings on separate lots for a total of 24 units. The intent of a Planned Development is to provide greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. This is meant to encourage a more creative and efficient approach to the use of the land, and preserve and enhance desirable site characteristics, natural features and open space. Proposal - According to the Applicant's narrative the benefit of the proposed Planned Development Amendment to the city is that, "Currently, there is a lack of housing for this demographic of elderly in the Eagan Community." The revised proposal includes a change to allow for high density residential, specifically, a 64 unit senior living facility which includes two-story residential wings with 16 home neighborhoods on each floor. Each 16 unit neighborhood is private and secure with one bedroom and 15 studio units surrounding a central living space. The proposed building results in a higher density than allowed by the R-4 zoning district standards, the building setback less than 50 feet from Yankee Doodle Road, building coverage greater than 20 percent, recreation area less than that required, reduction of parking stall width from 10 feet to nine feet and parking of less than two stalls per unit. All of these deviations from City Code requirements can be accommodated through the proposed PD zoning. The acceptability of the deviations is a policy matter to be determined by City officials. The requested Planned Development Amendment cannot be implemented (or processed further) without the approval of the land use change by the Met Council. Planning Report - June 23, 2009 Coventry Senior Living Page 4 Compatibility with Surrounding Area - The proposed density is not consistent with the MD (Medium Density) designation and for that reason the applicant has applied for the Comprehensive Land Use Plan Amendment. Comprehensive Land Use Plan - The subject site is currently guided SA/MD (Special Area/ Medium Density). While the entire 40 acre SA is divided into four different land use categories, this site provides areas for medium density residential which allows for 4 to 12 units per acre. The proposed SA/HD (Special Area/ High Density) designation is to provide for high density attached housing units including townhomes, condominiums and apartments allowing for gross densities greater than 12 units per acre, including the common areas. With appropriate buffering, high density residential uses can be compatible with other lower density residential uses as well as with more intense commercial and industrial uses. In some situations, high density residential uses may serve as the buffer between lower density residential and higher intensity commercial and industrial uses. High density developments may be best suited to properties with severe development limitations such as steep slopes, trees and wetlands because attached dwellings are well suited to clustering techniques. Access needs vary with the size of the development as those with a large number of units should be located along arterial or collector roads and close proximity to transit serviced is desirable. The site has good visibility along Yankee Doodle Road (County Road 28) which is classified as an "A" minor arterial which extends from TH 13 to CSAH 56 in Inver Grove Heights. This location is part of a mixed-use planned development, in proximity to both apartments and retail commercial businesses and next to both single family homes and the Public Works maintenance facility. Densi - To evaluate the developer's proposal, density is first calculated by what is proposed (the number of units divided by the gross/net site areas), then compared against what is required or allowed in the comparable R-4 zoning district. Proposed - The developer is proposing 64 units on a gross site area of 2.25 acres, resulting in a gross density of 28.4 units per acre. Required - R-4 zoning requires a minimum site area of 2,750 sq. ft. of area per unit. The City Code allows a credit of 300 sq. ft. per unit for each unit served by underground garage stalls. With 64 units and 1 underground garage stalls, the required site area would be 4 acres (the equivalent of 16 units per acre). The site area is less than 4 acres and the proposed density, exceeds 16 units per acre and thus, deviates from typical R-4 zoning standards. For comparative purposes: ? Gramercy (Independent Senior Living) provides 14 units per acre > Marice Manor (Assisted Living) provides 35 units per acre ? Keystone (Assisted Living) provides 56 units per acre Planning Report - June 23, 2009 Coventry Senior Living Page 5 Both Gramercy and Marice received approval of a Conditional Use Permit to allow the facilities as retirement homes in the Limited Business zoning districts. Keystone is located in the Cedar Grove District which permits density flexibility. Conforming Plan - The applicant provided a conforming plan with the proposal; however the narrative explains the reason for less height (2 stories instead of 3 or more) and therefore a greater building footprint to best fit the surrounding neighborhood. The conforming plan has less green space and landscaped areas as more of the property is covered with impervious surfaces. The applicant also submitted an "Alternate Apartment Plan" which identifies how a future conversion of the 64 units to market rate apartments may occur. The plan identifies 28 total units but does not accommodate for the necessary 56 parking stalls (one enclosed or underground garage space per unit and one outdoor parking space per unit), discussed under the parking section of this report. Performance Standards - For the purpose of discussion, this proposal is reviewed under the R-4 (Residential Multiple) zoning district minimum and maximum standards. These are the same standards that were utilized to review the condominiums and townhomes previously proposed on this site. Setbacks - As the table below indicates the proposal. does not meet the setback requirement of 50 feet from Yankee Doodle Road. The ordinance requirements are listed below. Setback requirements are not established in a Planned Development zoning. Ordinance Approved w/Condominiums Proposed Front yard: Yankee Doodle 50 feet 80 feet 45 feet Front yard: Hunt Drive 50 feet 116 feet 95 feet Side yard: east property line 30 feet 148 feet 94 feet Side yard: west property line 30 feet 50 feet 32 feet Building Coverage - The R-4 zoning district allows for a maximum of 20 percent building coverage. The applicant proposes a maximum of 25 percent coverage. Building Height - Building height is measured from the average grade to the midpoint of a pitched roof. City Code allows a maximum building height of 35 feet. The elevations depict the height of the building is approximately 31 feet. Building Elevations/Architecture - The building is proposed to be constructed of brick and glass (31%), and cement board siding and trim (69%). City Code requires all exterior vertical surfaces to be treated as a front and have an equally attractive or same fascia. The elevations meet this requirement. The colored elevations depict the garage door to be painted a color to match the building. This is also included as a condition of approval. Planning Report - June 23, 2009 Coventry Senior Living Page 6 Mechanical Equipment - All mechanical equipment shall be screened in accordance with the provisions of the City's zoning code. The applicant has stated that all mechanical equipment is designed to be housed inside of the building. Recreation Area - As mentioned later in this report, Skyhill Park was dedicated as part of the original plat for this development. However, City Code requires that on-site recreation space be provided in multiple-family developments. The Code requires 200 sq. ft. for each 1 bedroom or 2 bedroom unit, plus an additional 100 sq. ft. for each 3 bedroom unit. Using this formula based on 64 units, a total of 12,800 square feet is required. This area must be a minimum of 100 feet from the ponding area which is located on the east side of the property. The applicant has identified 3,060 square feet of recreation area on the site plan, which is enclosed with a six foot fence. There is a gate which provides access to a five foot concrete walk that leads to the fire lane adjacent to the west side of the building. This design not only provides emergency fire access but also a future recreation area if it is necessary for the site. Parking - The proposed building provides 43 parking spaces for 64 units, a ratio of 0.67 to 1. This ratio is less than that of prior approvals for other senior housing apartments. For comparative purposes: > Clare Bridge - Alzheimer's & Dementia Care Community (1997) provides .5 stalls per unit (with proof of parking to total .88 stalls per unit) > O'Leary (1997) provides 1.16 stalls per unit > Marice Manor (1997) provides 0.74 stalls per unit (with proof of parking to total just under one stall per unit) > Oakwoods Phase I (1991) provides 1.7 stalls per unit > Keystone (2003) provides 0.87 stalls per unit > Oak-woods Phase II (2007) provides 1.1 stalls per unit The City Code requires two parking stalls for each multi-family dwelling unit (at least one covered or underground), with no specified parking standard for senior housing facilities. As noted in the applicant's narrative, underground parking was researched and the costs were found to be extraordinary. Staff points out if the conversion to market rate apartments were to occur at a future date, the site would be under-parked approximately 13 parking stalls. More specifically, the applicant proposes 42 surface parking stalls and 1 garage parking stall. The stalls are proposed to be 9 feet wide which is a deviation from the 10 foot width requirement. According to the applicant, the reduction in stall width is to maximize onsite parking. The applicant provided a memo from Essential Decisions, Inc., a firm that specializes in data collection and market research for senior housing projects. According to the memo, the parking demand for such a facility as proposed can range from .52 to .42 based upon the availability of transportation services close to the site. Also, according to the memo, 39 parking stalls would be more than adequate to serve the proposed development which includes parking for residents, employees and visitors. The applicant expects 17 parking stalls needed for operations at peak hours and only 3 stalls for residents. The remaining 23 stalls would be available for visitors. • ~ go~ Planning Report - June 23, 2009 Coventry Senior Living Page 7 Site Lighting - Site lighting is required for site security, safety and traffic circulation. Minimum light levels of 0.5 footcandles should be provided in all parking lot areas. Light levels should not exceed 1 footcandle at the property line. In addition, site lighting should comply with the Illuminating Engineering Society of North America (2003) manual which suggests an average- to-minimum uniformity ratio not greater than 4:1. All fixtures should be downcast and shielded to prevent glare. The submitted photometric lighting plan appears to satisfy the above standards except that it is unknown if the fixtures are downcast and shielded. The two pole-mounted parking lot lights are proposed to be mounted 23' in height (20' pole on a 3' base). The photometric lighting plans show compliance with the 0.5 footcandle minimum within the parking areas, and the 4:1 average:minimum ratio. Light levels exceed 1 footcandle at the southern border of the property near the eastern parking lot light. 'The plan should be revised to not exceed 1 footcandle at the property line. Sidewalk lighting in front of the building and within the enclosed recreation space is provided by 10' poles. Additional lighting is provided on the building. Signage - The submitted application did not include a specific sign plan, however the site plan identifies a monument sign located east of the site entrance. As a condition of approval, all site signage should comply with applicable provisions of the City Sign Ordinance. Landscaping - City Zoning Ordinance requires a landscape plan for new construction of all multiple residential developments. Landscaping is required to provide shade and break up expanses of hard-surface area, screen parking, loading and service areas, control erosion, and provide visual interest. The proposed landscape plan appears acceptable with some modifications. The proposed landscape plan does not provide adequate screening of the parking lot for the residential properties to the south. A solid screen of not less than 3' 6" should be constructed to capture the vehicle light beams and muffle the vehicle noise. Foundation plantings should also be added to the rear of the building to provide visual interest. All landscaped areas are required and proposed to be irrigated. Storage Space - City Code requires 150 cubic feet of storage space per unit, in addition to the closet and storage area within the unit. According to the applicant, the facility will be providing resident storage of 150 cubic feet each. Trash Storage - Trash storage is proposed inside the building on the first floor plan, adjacent to the garage. Grading - The site was graded as part of previous development proposals. The preliminary grading plan depicts re-grading of a majority of the site to accommodate the change in land use. Existing retaining walls on the site will be modified to accommodate the development. Long- term maintenance of these retaining walls will be the responsibility of this development. vJ Planning Report - June 23, 2009 Coventry Senior Living Page 8 Storm Drainage - The developer is proposing the oversizing and perforating of storm sewer pipes within the site to allow for infiltration before discharge to the storm water pond. Detailed soils information and infiltration calculations for this proposed storm water system should be submitted for review and approval by the City Engineering Department prior to building permit issuance. The developer should enter into an agreement with the City, in a form acceptable to the City Attorney, providing for all future maintenance of this storm sewer infiltration system by the property owner. To satisfy City water quality requirements when the original plan for this site was approved in 2003, a storm basin (treatment pond) was constructed immediately east of the parcel and in between it and a wetland further east. Minimum City requirements for the volume and size of this treatment pond were based on the impervious surface of the original area draining to the pond and the development originally approved. The City required the treatment pond to have at least 0.62 acre-feet of "wet-storage" volume and at least 0.27 acres of surface area. According to City "as-built" record plans, however, the treatment pond (City Pond CP-2. 1) actually has a "wet-storage" volume of 0.53 acre-feet and a surface area of 0.19 acres. Thus, City Pond CP-2.1 is too small to treat stormwater for the originally approved development. Although the area draining to City Pond CP-2..1 has not changed, this proposed development would add more impervious surface than the originally approved plan. To meet City requirements for water quality treatment ponds, City Pond CP-2.1 would need to be expanded 0.16 acre-feet to at least 0.69 acre-feet of volume and 0.10 acres to at least 0.29 acres of surface area (increases of 30 percent and over 52 percent, respectively). Such a reconstruction of City Pond CP-2.1 is neither feasible nor prudent. To meet the City's existing comprehensive stormwater management requirements, this development is now subject to City Code §4.33, Post Construction Requirements (effective October 31, 2008). These regulations emphasize reducing the need for "traditional" stormwater management infrastructure by using natural topography, minimizing impervious surface areas, and maximizing infiltration and retention. Developments are required to control and reduce stormwater runoff volume; control total phosphorus and total suspended solids in stormwater runoff; and control stormwater runoff flow rates initially through the use of "best management practices," to the maximum extent practicable. Best management practices (BMPs) include a broad range of strategies such as: narrowed street widths, reduced or shared parking facilities, permeable pavements, rainwater gardens, and cisterns. According to City Code §4.33, if the BMPs available at the time of development cannot control, prevent, and minimize degradation of surface water, ponding shall be considered acceptable. As provided by City Code §13.20, this development may be subject to cash dedications in lieu of the above requirements, at the City's discretion. Planning Report - June 23, 2009 Coventry Senior Living Page 9 Therefore, in consideration of the above, the following City comprehensive stormwater management requirements are relevant to this development proposal: 1. Volume control/reduction: The first one half-inch of runoff from any storm event shall be infiltrated or retained on site. At its discretion, the City may modify or waive this requirement, based on consideration of any of the following: a. Soil borings indicate unsuitability for infiltration; b. New infiltration of the equivalent runoff volume the applicant accomplishes elsewhere within the same City sub-drainage district c. The potential of groundwater contamination due to such variables as, but not limited to, the following: 1) Geology that exposes aquifer vulnerability; 2) Land use that causes high pollutant and sediment levels in stormwater; or d. Other circumstances that may affect feasible and prudent implementation of the infiltration policy set forth in the Water Quality & Wetland Management Plan. II. Total phosphorus (TP) control: TP loading shall be controlled as follows: a. Stormwater runoff shall be treated to achieve no-net-increase of the predevelopment TP load on an annual basis before discharge to natural water bodies. III. Total suspended solids (TSS) control: TSS loading shall be controlled as follows: a. Stormwater runoff shall be treated either to achieve no-net-increase of the predevelopment TSS load on an annual basis before discharge to natural water bodies. IV. Runoff rate control: All stormwater facilities shall be designed, installed, and maintained to accomplish the following: a. Maintain pre-development peak runoff rates for the 50%, 24-hour storm event; b. Maintain pre-development peak runoff rates for the 10%, 24-houre storm event. At a minimum, the storm sewer system shall be designed for the 10%, 24-hour storm event. Low areas must have an acceptable overland drainage route with the required transfer capacity when the event is exceeded; c. Maintain pre-development peak runoff rates for the 1%, 24-hour storm event. d. Where the City's stormwater management plan and its updates show lower rates for the 50%, 10%, or I% events, this lower rate shall supersede the pre-development rate control criteria. Wetlands - This development would not be subject to City Code § 11.67, Wetland Protection and Management Regulations, because there are no wetlands immediately on this parcel and there are no proposed wetland alteration activities that would affect the wetland or wetland buffer to the east of City Pond CP-2.1. Utilities - Sanitary sewer and water main stubs of sufficient size and capacity are available for connection from Hunt Drive. Planning Report - June 23, 2009 Coventry Senior Living Page 10 Streets/ Access/ Circulation - The development proposes one public street access onto Hunt Drive, formerly 81St Street, to the south. Pedestrian access to the site is provided via an existing trail along the north side of Hunt Drive. Easements/ Permits/ Right-of-Way - The developer should dedicate drainage & utility easements over all public storm sewer and ponds within the lot. Tree Preservation - The subject property originally appeared before the Park Commission in November 2003 and again at their meeting on March 17, 2008. There is no additional removal of existing significant vegetation proposed with this application. Existing on-site Tree Mitigation - Sixty-two Category B mitigation trees required through the Terra Glenn application tree mitigation requirements had previously been installed on site in 2007. These trees are to be preserved or replaced throughout this application. The applicant has submitted a Landscape Plan and project narrative that indicates the following: • 22 trees will be removed and replaced with similar sized trees • 23 trees will remain as is • 3 trees will be relocated on site • 12 trees are currently dead and/or missing and will be replaced • 2 additional trees will be installed • 36 new trees will be installed as per the plant list on page L1. Parks and Recreation - The Park Dedication for the entire Blue Cross parcel (including the subject site) was satisfied through the dedication and development of what is now Skyhill Park. No additional park dedication is required. This development shall be subject to a cash trails dedication. The dedication is payable at the time of building permit at the rates then in effect. Additional Information - The applicant held a neighborhood meeting on June 16, 2009, which four individuals attended, including a representative from Blue Cross Blue Shield. A letter in support of the application from BCBS is attached for your information. SUMMARY/CONCLUSION Coventry Senior Living is proposing to construct a 64-unit senior living facility on 2.25 acres. The applicant is requesting approval of a Comprehensive Guide Plan Amendment and Planned Development Amendment to allow the change of use and increase in density. Planning Report - June 23, 2009 Coventry Senior Living Page 11 The proposed amendment will allow the introduction of high density residential in an area where medium density residential was approved. Deviations include: • Exceeding density allowed under R-4 zoning • Building setback less than 50 feet from Yankee Doodle Road • Building coverage greater than 20 percent • Recreation area less than that required • Parking stalls of a 9-foot width • Parking of less than two stalls per unit Deviations from typical City Code requirements can be accommodated through the proposed PD zoning. The applicant's narrative indicates that the proposed project is flexible in design to allow for changes in response to the market and will serve a segment of the Eagan population that currently has few options. The acceptability of the proposed Comprehensive Guide Plan Amendment and Planned Development Amendment with deviations to typical City Code standards is a policy matter to be determined by City officials. Compliance with the City's tree preservation ordinance as well as water quality will be confirmed at the time of building permit. Preliminary engineering plans (i.e. grading, drainage, utilities, etc.) appear acceptable and all engineering matters will be addressed with the building permit application for this project. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Land Use Plan Amendment to change the land use designation from SA/MD (Special Area/ Medium Density), to SA/HD (Special Area/ High Density) for a 64 unit senior living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition, in the NW '/4 of Section 16. To recommend approval of a Planned Development Amendment to construct a 64 unit senior living facility on 2.25 acres for property located at 1650 Hunt Drive, legally described as Lots 1 and 2, Block 1, Terra Glenn 3`d Addition, in the NW '/4 of Section 16. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The following exhibits are necessary for the agreement: a. Final Site Plan b. Final Building Elevations c. Final Tree Preservation Plan d. Final Landscape Plan e. Final Site Lighting Plan 2. The property shall be replatted into a single lot. I ~7 Planning Report - June 23, 2009 Coventry Senior Living Page 12 3. The applicant shall petition the City separately for vacation of existing drainage and utility easements. 4. A revised Landscape Plan shall be submitted to provide screening of the parking lot to the south and to add foundation plantings to the rear of the building. 5. There shall be no additional removal of existing significant vegetation. 6. The applicant shall fulfill the previously required tree mitigation conditions through the preservation and/or installation of sixty-two (62) Category B trees as follows: a. 22 trees will be removed and replaced with similar sized trees, b. 23 trees will remain as is, c. 3 trees will be relocated on site, d. 12 trees are currently dead and/or missing and will be replaced e. 2 additional trees will be installed f. 36 new trees (items 6a + 6d + 6e) will be installed as per the plant list on the Landscape Plan received June 3, 2009. 7. The applicant shall protect the preserved significant woodland areas through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the 23 significant trees/woodlands to be preserved on-site. 8. The applicant shall contact the City Forestry Division and set up a pre-construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 9. The applicant shall dedicate drainage & utility easements over all public storm sewer and ponds within the lot. 10. Detailed soils information and infiltration calculations for this proposed storm water system shall be submitted for review and approval by the City Engineering Department prior to building permit issuance. 11. The applicant shall enter into an agreement with the City, in a form acceptable to the City Attorney, providing for all future maintenance of this storm sewer infiltration system by the property owner. 12. The applicant shall submit a plan to meet water quality requirements prior to issuance of the building permit. 13. All mechanical equipment shall be internal or screened from views from off the property consistent with City zoning ordinances. 14. Trash storage shall be inside the building. ~9 ce? Planning Report - June 23, 2009 Coventry Senior Living Page 13 15. All site signage shall comply with City Code requirements. 16. The garage door shall be painted a similar color to match the building. 17. This development shall be subject to a cash trails dedication, payable at the time of building permit at the rates then in effect. 18. Site Lighting shall not exceed one foot candle at the property line. All fixtures shall be downcast and shielded to prevent glare. Pole-mounted fixtures shall not exceed 20 feet in height. 19. Per City Code, 150 cubic square feet of storage space shall be provided per unit. Eagan Boundary ¦ Rightof-way Location Map Parcel Area Park Area Building Footprint Maim ® ® .11- Room ~ 1 ~ am sit AM= HUNT DRIVE I:L Sub'ect Site ®.1 . ~ ~ q eo ep q, d a ~ ~ w mar ®'ti ~ ® ® ~ Fa is ? e m * as ea ~ i ¦ ~ ~ ® 6 a d ~ 1i? ti I ® ~ 'a ~ $g ft $ fi rr let. 15 1000 0 1000 2000 Feet Development/Developer: Coventry Senior Living Application: Comprehensive Guide Plan Amendment Case No.: 16-CG-02-05-09 N 94 THIS MAP IS INTENDED OR REF JENCE USE ONLY w E LJ of EB jgn The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. S Current Zoning and Comprehensive Guide Plan Coventry Senior Living Land Use Map Comprehensive Guide Plan Amendment 16-CG-02-05-09 v Zoning Map s. 1 lta ® P A L n 8 Current Zoning: m. ¦~e RD CO ROAD NO. - ANREE DOODLE ROAD) PD Ar C Planned Development PF1 R•4 If PD HUNT DRIVE R.3 00 oo PF Locatio P PD i r~ A O Soo O 000 1200 Foot "WON Comprehensive Guide Plan ` Land Use Map P r III o 11 ANN tffAlf~ Ilk- Ca ROAD M 0 (YAMRO.000DLO ROAD) Current Land Use Designation: D HUNT DRIVE SA C) SA/MD Locatio Special ArealMedium Density A E©o noon®®®~~ a' r 000 O 000 1200 Foot P.rat bass map IMOrm.DOi pr wMW by Dakoa County Land Eurvsy D.partm.nt DDetbar 2005. N ZDaay Information ma/named by City Staf. City of Ea~~ E THIS MAP IS INTENDED FOR REFERENCE USE ONLY W ' . _.._~_a.... •4.. ni sl.:a infnrn~rttion. S a q~; FUIt[:.It•7_ =T= III ~ ~ a 1 I SENIOR /IN/_- III' 6 I C,NE-rI ,'C 1 C IiI ce T-'I . 333.07 B!9•M'16B _Q11 L 64 , IMIT' „ TOT-4. _ _ _ _ _ _ _ _ _ EAEIV ?J.CL F=RC3tlG sE,.P.=CK 7- F^RKING PROVIDED ~ E'~1313G FEIiIRG ` 42 SURFACE PARKIN SPACES SHOM INCLUDING 2 ACCE55113LE SPACES! 00 + , I I GARAGE SPACE (INCLUDING I Q u V ' r - - _ - SL3'-o• eulLCFa, SEl-e:rx ACCE551BLE 5PACE51 I 12- v CGNC. L 10' Cox. Q N P,p 43 TOTAL PARKIN:- SPACES I Z Lie E• NGN WYE / U I RECF<atICT1J iENCE W GATE 06-03-03 v '.P:CE \ p FENCED -0 - u~ '!SI I ..I. 53 I _ ll ru,n. i[~1~ ~i - - : yl, PARKING CALCULATICN5 ~I p, v- a ;o I Il STAFF F IRKING Q 9, ENCN:II P.1 3 RESIDENTS FA, 1:1146 s. ,slDE,yyK OVERFLCWP/5ITOR PARKING L I T!II 46 UNITS TOTAL ^ I rER REt.NfYa WLL UI DI LL 64 UNIT BUILDING y e~e~cac EiISTINLi SITE -IRE-1 W WLK W020 0?C SO. FT mwE15 L sv~uGE 7\ 1~~~~ i , BUILDING FOOTPRINT 24560 5OFT.,?5: COVERAGEI R1 I l 11 ~ IMPERVUS COVER INOT INCLUDNG ER I I PI I S.EC . c .c arEGR=L I ;I'1FER/IIXIS COdE P, :I^N~! iItIN'G C. etuvrs- a~ -C'•D'EU0.D3G EE'.a- I I_DING FOCTFRINT' II' T III MEGR+L \ • CG*K. CIM 421[.11 50 FT CC`/ER-G'_ :IER ' I - SEE CIA 1 III f " RRR4 I I It I n ' - 4EE4A C~REI:NM IIII~- _ ~I' . ~.p\j, ~I I III. 1` 1,P. ' I I 1 I I lP. J J I _ L.] J II. I 'D .0-P+RCKa 5E1-E_CK z ]1 ttC`y1ENf 5 ~ c .cwe 11 CDC GIRIER O E%P'4G f\REI_IMY Wll - _ _ PRCPERI1 LPE _ - J \ .L -LL 4 16938 899.44'16•H Tal HUNT DRIVE A1.1 11 SITE FL -IN ' PRCka•m.x /SCALE: 1' • :O'-O' + 24 r 3 SCALE IN FEET I'IDR, II 1 11 p 4c I 511E PL11LE: 1 4C' e,.ftrlB E ^lE6 . 1~ .a W mnPq BF ;t 7 it stilaws 4 3 Pe Veget.ble.w.r endear Veeelb Gardens ~;•~i '._I CONIFEROUS TREE PLANTING DETAIL I~1•fI.i e 2 w luwe da ms,.q =I :2 BF r a R «wruv r6xw w.w. DEGWWS TREE PLANTING DETAIL is Ibe,awKI 1" r W NI PROPOSED BUILDING _ N E FFE 646.5 BF /1 E 3 3 2 Iav un w wr.° I. PLANTING NOTES U l ] a ] I wx,a SHRUB PLAITING DETAIL i _ vw wn yw : ~~~wKr r•I.µuw ] 7 _ ] ] ] I~'^T..w.r^.'w,irww'x:+x«w«a_ O q, e a 1 2 Y I ...W wvlwa a rlmn W .v Z. x Vv+.. .y _ OgINO 1 sl.+ a x +..t •__ww n. . ' - ~ ~ wow+•-awv. vvv-~i_ « wv'.w w.rv.v ww t~^ • ~ O ~~11 1 a•l. w 1 n... .vow n • u.WV .:+.+r Mw. SCALE: 1• - 20• I .t 1 ~f ....u. v ......._rl. ......w .n^ x w...a W n. a«... ti n:..vw..tMI sw.+. wxwN ~..1 wxc: t_•~ 2 no sesaws 7.. O PLANT UST. Sit- Pleatillis ~ 'gEy ~3]f rcl \t FYthq an. Kv M S I] a cxlNax._x, c..«_ wmr+-t/Y eas LANDSC ml. PLAT u.r Ple_ e°u ._u.. . Stye. v0 PLANT USE UINeelw. end Traaepleet.d Trees K N'•'vw.r.. •ra xa a n xN ] MC am.. w.w,.n: P•e.Ar.. C. m. -I/f' In _ Trees :.,.,,*d.,,_30 Trees r k' 26 511TS " Trees protid.d . ]6 o.e i... ...1.w 'e..°P..*S. O..'..'I1 0.r [y.ve.a. I'••' foal. 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' •t f R ) iti.r b.b 6.2 b.p iY, r. }.I 0. b.L•c:0 .1 _ _.i 1.. t.... .a.. Q+ 1.~ Sa •Q-..._.-...._... ~._ba: b.e in bs D.2 Da h.b i -L.1' J U'a,q5 t~ 2 5.9 5.Ni., 5.}(~! S5 "S:i "b:i 1".7 q pE} i b.2 b.. b.l b.e U . l h,1 1.1 lla bje Cl 6.t !1 11.1 1,4 1.e b Ib.e l,t! D.sl b.1 i;b A l 1L2 p .s~ ?.2 D.a 1.. It.. h.o SCALE-. 1' 20' Y15 R.a b.1 b,,II I.e b.• b.e I,0 2 b.. b, 0.1 1.1 1~.. 1~i t.u p., ~5., ~b.+~ b.el 1.L o4a L•i 1.a 1.1 b,_~b i.. b.a 1.1 b.e I.e 1e 0.e La b.. a bs 0.e l..a 1., 1.t '0. L. 0.e U bn i.2 0.e 0.e 1.• Le Ls 0.. bn bn 1.. 1.s 1., 1n i., is h.' s b.2 h.1 h., b.o I e b.• I.e h.2 1•::6:1 1.1 1.2 1.a ).a 1..s 1.• 1.. b., h., 1.2 S.e }:t },i 2.s l.+ 1.2 b., b., 1.2 1.e 1.s )-a '4-s i.f~1. p.s: 0.2 :b:t; •h.e 1.• • 0.e 1.e 6.a Y.2\\.s', 1.i -iY.t io., a S.+ 1.s b.a h., 1.2 i.~ i!t 4.2 i.2 Ib., i 5., 1.21 i.h S . i 2 j e 1.s 0.. b.. b.e b.. I ii I 3/2/09 h.• a S. 5.2 4. t./ It It tt b.a b.s: 1.t1 1 t ~e'-1.4 ).i• b.i b.o b.e I to-Lb. It PHOTOMI ~.~:~.:_a, - . Loma Sales Associates LIGH b.. b.• 0.e h.2 t., S., b.. 0.s b., b.. 1.. I., 4.7 .b.3,aPb.,1 6J D.e Lighting and Controls II - - - _ • 510012th -mom. s..t PLAT ~.e b.• b.• It.. b,l 1.9 ,1•a ;l.a 5.a i.3. S•. 1.1 11-ba 0. 11+, 0-or is ).a la b,:}. s,7 b.2 hs 1.s•1s l.t 1.9 1.a is i.i i.2:, bje-D.e` h,o Sh.k.p.., IOU.,..1.55379 U _ f: 1, ;.t ~r________________~•~ cent.c1,I nsc.v. h.n /r1 _ ^~lm _10bia I.e i.e b.• b.u b.. h., 1 .0,<• 1.2 1.2 t1.1 0'. b.2 -}.2 0 0 p,..3 .~i1T.2 6.1 b:2 5;. i.2 D.2 ¢ia 1,1-;1;;j-j A{:•ka.7f fyi14.. 0l{j~l~a b.s D.e Le b.e h.• b.3 1.e b.e b.e b;\b,i '6.2 6a 6.e 5.o h:{.i;Pli.• b.. b.. b.- •"Da b.o h,o b,. b.e I.. I.. l:i'S-.S"7i.7h:e-'}1'o 7J.• i,. b.• b.e It Thle phato.•trl< peant-by-p31ll prl- [ out 1• Mead en iM ,p•cl lie data produced by CM 1!9hc e+• - LS,tu_•• •P•<t[!•d en 00. tAIlor, eeMdul• c•13ed . 3n cA• 00200 330. 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MN V - Imul]sFex~lpuian 335.03' 399•44'16•S - e_.o_Paear~ sEt esa _ _ BUILDING DATA , - EilStsr, REt-aw ~ - - SENIOR LIVIW. .ILL -EnsISIG REIeNrw 4ONE-BEDROOM UNITS YAL Q STUG10 UNITS 6O 64 WITS TOTAL to O U ~ 50'f' EL4D51G 5E1-E_.K I-- 0 ECGE CF PYCK+- PARKING PRO'vIDEp U N Z W ~/J ----.-J G=RXE EELM I , Z V e,4 SURF:;CE F-RKING 5F-`CES SIaC1W I INCLUDING 3 ACCESSIBLE SPICES' a-o3-o5 J •1 . _ Ir z rrcac. 64 G 1R4.GE 5P `CE (INCLUDING 3 j III _ Pmw I 2CCESSIELE SPACE51 i' NGN WIE P•2 - NIEGRA fENCE W G_IE V r) -J FENCED I • i • I l'S TOTAL P-IF:KIW SPACES V I 0 -nnrwas!. z-` x1 s• ccr. scEEIALKT } } -6 .01 ccw_ 4s nac /i II 19-F ou ~ I] till 91 1 1 I I ~RECFFdLONdt NS 1..` SPICE PARKI 3 RESIDENTS CUL ~IICNS O __I - I I SESKING a I 3 F~RKINti k" - 6 I 25 OVEFELOW.vI51TCRPARKING _ 64 UNIT BUILDING --I 46 WITS TCTAL Z r r _ O i'IG rEUUrG I ErISTINY SITE 0. FE T r l 58,020 50. FT. Icy T^ - iE110'E E/.151Ir V1 ~ t wa • 94MN DAsL BUILDING FOOTPRINT tp-L,- 5500 SOFT _ - - _ a_o.D' P1ELDkG 5Et-EAr~L w I-r-~ - I IMPER'IOU5 CCVER (NOT II I-cam c~ , _ I I REEIELO INCLUDING BUILDING FOOTPRINT S SIMC. - GuneR . .EIIDINOUS~ I 'LL - As sciuf 30.5^C SC. F1 .'zc W~ \1 _ - - I I _D'_O' F-R4ss; 5Et_L!CK I a Z i ~ - - - - - - - - - - - - - PERVIOUS C.CvER JNGLUC•INOS J ' _ rlD.utNr sr,N _ _ _ _ I IM EUILCING FOOTPRINT' F/1515aG II I - - - - 50.52E 50. FT. O 4 I \ ISEAG SLfll _ - ~ - PAGPERII L!F_ I [x] . 11R~1 ' k- HUNT1T D A5.1 ~CCNFCRI IING SITE PLAN SCALE: 1' ?E•-O• s N Y 3E 51-ALE IN FEET Noaw SCALE: I• .1O-O' • It i Il CCNFOR719+ SITE 0 0 :O AC PLAN 7 _ Ti } n } f• db;c 4 747 ? r ` j v+R c_) 1 'Z. It ! 4 ! Project Narrative The proposed project consists of 64 units. The concept behind our community is to better serve the frail elderly. Currently, there is a lack of housing in Eagan for this demographic. There are no nursing homes located in the community; seniors must look to Apple Valley or Burnsville for this higher level of care. Through this facility, we are proposing to fill that need locally. Our project is designed as a "small house" concept. This concept allows the frail elderly to have fewer corridors and less travel distance from their home to their daily activities. The common areas are laid out in the middle of each neighborhood to maximize the resident interaction as well as resident/staff interaction. It has been shown through studies conducted by Drs. Terry Lum and Rosalie Kane of the University of Minnesota that these "small house" concepts promote a more intimate setting for the resident (as well as for staff) and create very positive care outcomes for the residents. The staff in our facility will be responsible for multiple chores throughout the day, keeping them involved with the residents. Residents and families will have greater choice and input into their daily care, e.g., made to order meals, escorts to the dining room, etc. The facility will have licensed nurses on site 24/7, allowing us to serve a much higher acuity level than the traditional "assisted care facility". Our goal is to provide a continuum of care that allows the resident to age in place as their needs increase. We are requesting the City to approve this project through your PUD process. As we will explain throughout this narrative, we feel this project merits your consideration as a PUD. We have spent a considerable amount of time and energy to design a concept that will serve the community of Eagan for many years to come. The project is flexible in its design and allows for changes in response to the market. With this concept, we are proposing to serve a segment of the population that currently has few options, particularly within the City. We ask that you keep an open mind as you consume the following information. R U 031009 X11 EXTERIOR DESIGN In designing the exterior of the building, we paid close attention to the surrounding neighborhood. Our goal was to complement the existing homes in the area. We incorporated several residential aspects into our building, including the front entry porch, dramatic overhangs, garage doors, shed dormers and bay windows. The exterior colors of the building will be earth tone in design: The exterior finish materials, including architectural shingles, brick and hardi-siding will enhance the details of the building. We lowered the building to two stories and added hipped roofs to further lower the roof line and limit the impact on the surrounding neighborhood. By lowering the building to two stories yet retain the required square footage, the building footprint does creep into the required set back from Yankee Doodle Road necessitating a variance. We believe the variance is justified as, with the existing set back from Yankee Doodle Road to the property line at 65 feet and another 45 feet from our property line to the building, we are still 100 feet away from the road, not encroaching onto the existing corridor of Yankee Doodle Road nor any future expansion of the roadway. The granting of the variance lessens the visual impact on the adjacent residential neighborhood. INTERIOR DESIGN On the inside of the building, we paid close attention to the "small house" concept. The residential wings are each two-story with two 16 home neighborhood's on each floor. This design creates small communities or neighborhoods, and allows for different levels of care for either assisted living or memory care seniors in each neighborhood. Each 16 unit neighborhood is private and secure with 1 one bedroom, and 15 studio units surrounding a central living space. Each central living space consists of an intimate hearth room and living room, a dining room, a den, and a kitchen as well as a balcony, a laundry room and storage areas. All residents will share a secure yard. A few shared amenities for the entire community are located in the central core area common space, located between the individual housing neighborhoods. On the main floor, residents and guests are greeted by a luxurious two-story Grand Lobby with its' two story fireplace and main stair which creates a warm comfortable living room atmosphere. The main entrance porch and vestibule, offices, public restrooms, and main kitchen, are centrally located off of the Grand Lobby. A shared resident pick-up/drop-off garage for Minnesota's cold winters is located off of the Grand Lobby. Shared amenities located on the second floor include an activity room, a bathing room, and a salon. An elevator is located in the central core area to handle traffic from all communities. The mechanical equipment, the water and sprinkler system riser, the elevator equipment, and other. support areas for the building are located in the basement. OPERATIONS We are working with Ebenezer Management Services to be the operating manager of this property. Since 1917, Ebenezer has worked to fulfill one mission-to help older adults and others make their lives more independent, healthful, meaningful and secure. Ebenezer, through its partnership with Fairview Health Services, provides older adults throughout Minnesota with access to a full range of housing options and community- based programs and services. To view more information on Ebenezer and their programs, please visit http://www.fairviewebenezer.org/index.asp. SITE DESIGN The 2.25 acre site allows for a large yard and green areas for new landscaping and the existing trees. We have created a recreational area for the residents on the north side of the building. In this area, there will be extensive plantings, areas for residents to have small gardens and water features. The recreational area will be secured for resident safety. Our building design causes us to exceed the allowable hard-surface coverage on this property. Again, we took into consideration the surrounding neighborhood and felt that a two story building had less impact and fit into the area better than a three story building. Storm water will drain into an existing storm water retention pond located on the east side of the site. Any additional runoff created by our development will be handled on site with underground storage if necessary. There are a total of 43 parking spaces provided for on the site, which consists of 42 open spaces on the surface and one space in the shared garage. We believe this amount of parking is more than adequate to handle the expected volume. Any parking by residents would be minimal; we have set aside three stalls for residents. This will limit the parking primarily to staff, deliveries and visitors. We have explored underground parking for the project, but the additional costs to have underground parking beneath one of the neighborhoods is $400,000 - $450,000. This is an extraordinary expense on the project and one we hope not to incur. We have included a summary from EDI (a consultant with extensive knowledge in this arena) explaining their research on the matter. In addition, below is a chart for you to view showing our staff parking needs at peak hours: 103 Staff Parking Needs 1 Director 1 Cook 1 Marketing Coordinator 1 Server 1 Receptionist 1 Maintenance 1 RN 2 Housekeeper I LPN 7 Home health aides 17 Total stalls needed for operations at peak hours SUMMARY In addition to supplying a much needed service to the community, this project will create upwards of 35 new jobs, which is something to consider when weighing the relative benefits of the facility. We thank you for your time and look forward to discussing this project with you in the near future. . ~ l~~ Memo To: Greg Johnson Select Senior Living From: Bob Van Slyke Essential Decisions, Inc. Date: May 29, 2009 Subject: Select Senior Living Eagan, MN. Project Parking Review Essential Decisions, Inc. is a firm which specializes in data collection and market research analysis for senior housing clients. You have requested us to provide you with a parking demand analysis for your Eagan project. It is our understanding the proposed project would consist of 64 assisted living units. Based upon data of other assisted living facilities, the parking demand can range from .52 to .42 based upon the availability of transportation services in close proximity to the site. According to studies done by ITE (Institute of Transportation Engineers), their data shows that assisted living facilities have a peak parking demand rate of .36, .30, and .34 per dwelling unit for weekday, Saturday and Sunday respectively. The average parking demand rate is .33, .24, and .28 per dwelling unit for weekday, Saturday and Sunday respectively. According to the ASHA (American Seniors Housing Association) study, vehicle ownership at assisted living facilities is 0.05 vehicles per unit. For 64 units, a minimum of 3 parking stalls are needed for residents. With a conservative approach, a minimum rate of .60 parking stalls per unit would be more than adequate to serve the proposed development which equates to 39 spaces for the proposed project (64units x .60 stalls per unit). This rate assumes the inclusion of resident, employee, and visitor parking. RECEIVED JUN 0 3 2009 Jo Colleen Connors, J.D. Senior Vice President Human Resources & Facilities Services Blue Cross and Blue Shield of Minnesota 1800 Yankee Doodle Road, P33 Eagan, MN 55121-164 Phone: 651 662-1150 fax: 651 662.2059 colleen_connors r! bluecrossmn.com RECEIVED JUN 17 ,2009 June 17, 2009 Mr. Greg Johnson Coventry Senior Living 1241555 h Street North Lake Elmo, MN 55042 Re: BCBSM, Inc. Preliminary Approval of Proposed Eagan Development Dear Mr. Johnson: BCBSM, Inc., a Minnesota non-profit corporation, dba Blue Cross and Blue Shield of Minnesota ("BCBSM") issues this letter to grant preliminary approval of certain aspects of the proposed Coventry Senior Living development in Eagan, Minnesota per the terms of that certain Approval Restrictive Covenant in favor of BCBSM ("Covenant") encumbering Lots 1 and 2, Block 1, Terra Glen 3d Addition, in Dakota County, Minnesota. Pursuant to the Covenant, BCBSM hereby approves the following: i) Number of lots/units equal to 64, as shown on (i) Site Plan on Sheet A1.1 dated 06/03/09 prepared by DBA Architects ("DBA") and (ii) Floor Plans on Sheets A2.2 and A2.3 dated 06/03/09 prepared by DBA; ii) Layout of streets, which do not alter existing public rights-of-way (including without limitation Hunt Drive), as shown on the Utility & Paving Plan on Sheet C2 dated 6/3/09 prepared by Clark Engineering Corporation ("Clark"); iii) Landscaping as shown on (i) Tree Preservation Plan dated 6/3/09 on Sheet C4 prepared by Clark and (ii) Landscape Plan dated 6/3/09 on Sheet L1 prepared by Clark; iv) Housing designs as shown on (i) undated Title Sheet A0.0 dated 6/3/09 prepared by DBA and Clark and (ii) Elevations Sheets A3.1 and A3.2 dated 06/03/09 prepared by DBA; v) Grading as shown on Grading & Erosion Control Plan Sheet Cl dated 6/3/09 prepared by Clark; and NEED i Blue Cross`• and Blue Shield of Minnesota is a nonprofit independent licensee of the Blue Coss and Blue Shield Association Coventry Senior Living June 17, 2009 Page 2 vi) Storwater management as shown on Utility & Paving Plan on Sheet C2 dated 6/3/09 prepared by Clark, provided, however, BCBSM's approval of the stormwater management plan assumes the proposed development's stormwater will (i) drain into the pond to the east of the proposed development site and (ii) not adversely impact BCBSM in any way. BCBSM generally supports the proposed development. As aspects of the proposed development change, BCBSM will need to be kept informed of such changes so that BCBSM can review such changes and determine whether to issue its final approvals under the Covenant prior to the Eagan City Council's approval of the development. Sincerely, Colleen Connors Senior Vice President, Human Resources & Facilities Services cc: Scott D. Johnston Frank Fidler ' 2658610 v02 06/16/2009 RECEIVED JUL 13 1009 A LIrt "Irirf OF CARINGi Project Narrative The proposed project consists of 60 studio and 4 one bedroom assisted care units. Our mission is to better serve the frail elderly. There is a need in the community for this higher care facility. There are no nursing homes located in the Eagan community; seniors must look to Apple Valley or Burnsville for higher levels of care. Through this facility, we are proposing to fill that need locally. Our project is designed as a "small house" concept. This concept allows the frail elderly to have fewer corridors and less travel distance from their home to their daily activities. The common areas are laid out in the middle of each neighborhood to maximize the resident interaction as well as resident/staff interaction. It has been shown through studies conducted by Drs. Terry Lum and Rosalie Kane of the University of Minnesota that these "small house" concepts promote a more intimate setting for the resident (as well as for staff) and create very positive care outcomes for the residents. The staff in our facility will be responsible for multiple chores throughout the day, keeping them involved with the residents. Residents and families will have greater choice and input into their daily care, e.g., made to order meals, escorts to the dining room, special services needing to be performed on a daily basis, etc. The facility will have licensed nurses on site 24/7, this along with a higher staff to resident ratio will allow us to serve a much higher acuity level than the traditional "assisted care facility". Our goal is to provide a continuum of care that allows the resident to age in place as their needs increase. We are requesting the City to approve this project through your PUD process. As we will explain throughout this narrative, we feel this project merits your consideration as a PUD. We have spent a considerable amount of time and energy to design a concept that will serve the community of Eagan for many years to come. The project is flexible in its design and allows for changes in response to the market. With this concept, we are proposing to serve a segment of the population that currently has few options, particularly within the City. We ask that you keep an open mind as you consume the following information. 4- .11 New YmQ,7/6}'1 First we will address the project as proposed for the PUD, following that we will discuss an alternative conforming plan that meets the City's site requirements and restrictions. PROPOSED PLAN LOCATION The site sits directly adjacent to Yankee Doodle on the South side of the road. To the East of our property is Oak Hills Church. To the south is the City Public Works building and single family residential. To the West is the future expansion area for the Blue Cross Blue Shield campus. We feel the proposed project is ideal for this site. With a very busy thoroughfare in Yankee Doodle Road, the proposed project acts as a buffer for the lesser density single family residential to the south. We have included an aerial shot of the property and surrounding uses for you to see the intensity of development along the Yankee Doodle cooridor and how we may be a nice transition buffer to the single family properties to the south. EXTERIOR DESIGN In designing the exterior of the building, we paid close attention to the surrounding neighborhood. Our goal was to complement the existing homes in the area. We incorporated several residential aspects into our building, including the front entry porch, dramatic overhangs, garage doors, shed dormers and bay windows. The exterior colors of the building will be earth tone in design. The exterior finish materials, including architectural shingles, brick and hardi-siding will enhance the details of the building. We lowered the building to two stories and added hipped roofs to further lower the roof line and limit the impact on the surrounding neighborhood. INTERIOR DESIGN On the inside of the building, we paid close attention to the "small house" concept. The residential wings are each two-story with two 16 home neighborhood's on each floor. This design creates small communities or neighborhoods, and allows for different levels of care for either assisted living or memory care seniors in each neighborhood. Each 16 unit neighborhood is private and secure with 1 one bedroom, and 15 studio units surrounding a central living space. 'O 1 Each central living space consists of an intimate hearth room and living room, a dining room, a den, and a kitchen as well as a balcony, a laundry room and storage areas. All residents will share a secure yard. A few shared amenities for the entire community are located in the central core area common space, located between the individual housing neighborhoods. On the main floor, residents and guests are greeted by a luxurious two-story Grand Lobby with its' two story fireplace and main stair which creates a warm comfortable living room atmosphere. The main entrance porch and vestibule, offices, public restrooms, and main kitchen, are centrally located off of the Grand Lobby. A shared resident pick-up/drop-off garage for Minnesota's cold winters is located off of the Grand Lobby. Shared amenities located on the second floor include an activity room, a bathing room, and a salon. An elevator is located in the central core area to handle traffic from all communities. The mechanical equipment, the water and sprinkler system riser, the elevator equipment, and other support areas for the building are located in the basement. OPERATIONS We are working with Ebenezer Management Services to be the operating manager of this property. Since 1917, Ebenezer has worked to fulfill one mission-to help older adults and others make their lives more independent, healthful, meaningful and secure. Ebenezer, through its partnership with Fairview Health Services, provides older adults throughout Minnesota with access to a full range of housing options and community- based programs and services. To view more information on Ebenezer and their programs, please visit http://www.fairviewebenezer.org/index.asp. SITE DESIGN The 2.25 acre site allows for green areas for new landscaping and the existing trees. We have created a recreational area for the residents on the north side of the building. In this area, there will be extensive plantings, areas for residents to have small gardens and water features. The recreational area will be secured for resident safety. Our building design causes us to exceed the allowable -had-surface coverage on this property. We took into consideration the surrounding neighborhood and felt that a two story building would have less impact. Storm water will drain into an existing storm water retention pond located on the east side of the site. Any additional runoff created by our development will be handled on site with rain gardens and ponding if necessary. TRAFFIC There are a total of 43 parking spaces provided for on the site, which consists of 42 open spaces on the surface and one space in the shared garage. This amount of parking should be more than adequate to handle the expected volume. Any parking by residents would be minimal; we have set aside three stalls for residents. This will limit the parking primarily to staff, deliveries and visitors. We have explored underground parking for the project, The additional expense is significant but not prohibitive. We anticipate the additional expense to be $400,000 - $450,000. By constructing the underground parking with this plan we add an additional 24 underground stalls. We have included a summary from EDI (a consultant with extensive knowledge in this arena) explaining their research on the parking matter. In addition, we have included a chart for you to view showing our staff parking needs at peak hours: Staff Parking Needs 1 Director 1 Cook 1 Marketing Coordinator 1 Server 1 Receptionist 1 Maintenance 1 RN 2 Housekeeper 1 LPN 7 Home health aides 17 Total stalls needed for operations at peak hours Traffic is another item we have addressed. We hired Spack Consulting to perform a traffic study for us on the site. They are a respected independent company based in the Twin Cities and have worked on projects with the city of Eagan in the past. We asked them to compare the 24 townhome units that are currently approved for the site to that of our 64 unit assisted care facility. The study showed there is a minimal effect of traffic from this proposal to that of a 24 unit town home project. We have included this memo for your review *CONFORMING CONFORMING PLAN y-~rP Sec# i0 In our early design of this project, City Staff asked us to create a conforming design that meets the Cities requirements on this site. We have modified the design to make it more attractive both inside and out. Many of the items talked about above stay the same, however the physical appearance of the building has changed along with the site design. EXTERIOR DESIGN V The exterior design of the building has been raised to three stories, the roof has been changed from pitched to flat. As with our two story design we have taken significant time in designing a quality exterior. The exterior pillars and balustrades will give the building a stately mansion feel. Brick and hardi siding will be used to complement the exterior facade of the building. This design helps us meet the City requirements for height as well as several other benefits. INTERIOR DESIGN The interior design of the building will change to accommodate more units on each floor. Although not as desierable a floor plan, we will still be able to accommodate our residents and staff with the intended mission for this project. There will continue to be intimate areas throughout the neighborhoods, we will have gathering areas for residents on special occasions. SITE DESIGN This conforming plan does give us significant improvement on our site plan. We have considerably more open space along with additional proof of parking. Our building foot print is at 18% coverage, meeting the 20% coverage. Our proposed parking is 39 surface stalls with 25 covered stalls (24 underground 1 covered on West end of building) a total of 64 with proof of parking for an additional 24 stalls if necessary for a grand total of 88 parking stalls. RE-DEVELOPMENT OF PROJECT As this is a PUD proposal, any use other than what is proposed needs approval from the City. With that said, if this project looked to change its use, we looked at the building to redevelop in to market rate condos or apartments. In redesigning the building using the existing foot prints of the two buildings we maxed out the project at 28 units. With that number of units we would more than satisfy any of the parking requirements set forth in the city's guidelines. We feel that the design of our project gives us the flexibility to change with the market as we move forward into the future. Our ownership is well capitalized and committed to serving the community for years to come. EMPLOYEES There will be a wide range of employees at our facility, with a wide range of pay schedules depending on the type of service an employee may provide. We will have a director who is in charge of the whole facility and works in conjunction with the RN to assist in the day to day functions of the neighborhoods. We will have one RN whose job it is to manage patient care along with the overseeing of the LPN's and universal workers. We will have several LPN's who work three different shifts to help give our facility the on site care we have proposed. We will have several Universal workers who interact with the residents on a daily level. The Universal worker will be responsible for bathing, clothing, assisting with meals, cleaning and laundry. There will be onsite maintenance personnel to maintain the property on a daily basis. Marketing will be on site along with an office administrator. We will have a chef to prepare made to order meals and a few part time staff to help fill in when care level is at its peak during the day. In addition to Ebenezer's tight hiring policies, all employees are required to provide information for a background check completed by the State of Minnesota. Any employee who does not pass the background check is not eligible for employment. SURROUNDING VALUES We have talked to several appraisers and looked through many databases for information on this specific type of project and the affects it has on surrounding single family neighborhoods. In talking with the appraisers, both commercial and residential, there does not seem to be any negative impact to those single family homes. In fact it was felt that this project would be a nice transition for the single family homes and may actually help stabilize the neighborhood for the future. In searching for information we came across several studies that looked at the impact of high density residential on single family neighborhoods. These studies did not speak specifically to Assisted care however they were very telling in their findings. One study in particular commissioned by the National Multi Housing Council, Sierra Club and ULI can be found in its entirety at httv://www.nnlhc.org/Content/ServeFile.cftn?FilelD=4647. Although not specifically commissioned for Assisted living, it does touch on the effects this project may have on the surrounding single family property. For your review, we have included the section pertaining to values. % SUMMARY We have created both of these designs with the knowledge that either community would allow us to meet our intended mission. We feel both of the proposed design's offer .the surrounding area multiple benefits. This project could be a tremendous benefit to the community. We are proposing to serve a segment of the population that does not have many of options when looking for higher acuity extended care. We are providing a new base of jobs for the Eagan community. We are proposing to add a new asset to the community in a project that would be valued over $9 million dollars. When looking at this project, we ask you to keep in mind that this building is no bigger than a 28 unit one and two bedroom condominium building. This building is very self sufficient and needs little in the way of public services. We would make a great neighbor and be a great asset for the community. Our affiliation with the Ebenezer community will allow us to be on the leading edge of the senior care industry for years to come. We thank you for your time and look forward to discussing this project at your next meeting. got LP K a a +?1 .vas. xr t i4- ..~M,~? f • ~ •F•llb ~ V~ I ~ { IM x y S ack RECEIVED JUL 13 2W9 ij TRAFFIC STUDY COMPANY Memorandum To: Greg Johnson, Coventry Senior Living From: Mike Spack, P.E. Date: 7/10/2009 Re: Coventry Senior Living Traffic Generation - Eagan, MN A senior assisted living facility is proposed near 81st Street and Coachman Road in Eagan,` MN. The facility is proposed to have 64 units with 64 beds. Development on the site was previously approved for 24 townhome units. This memorandum documents the amount of traffic expected to be generated by the proposed assisted living facility versus the traffic that would have been generated by the approved townhome project. A trip generation analysis was performed for the site based on the methods and rates published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 8tt Edition. The ITE Trip Generation Manual is a compilation of traffic data from existing developments. The results of the analysis are shown in Table 1. The amount of traffic generated by the proposed assisted living facility is comparable to the traffic anticipated to be generated by the approved towhhomes. Table I - Vehicles Entering/Exiting Ea an Site ITE Land Daily Trips AM Peak Hour PM Peak Hour Use Code Description In Out In Out In Out 254 Proposed Assisted Living 85 85 8 4 11 12 64 Beds 230 Approved Townhomes 70 70 2 9 8 4 24 Dwelling Units Difference +15 +15 +6 -5 +3 +8 ITE's Transportation Impact Analyses for Site Development report recommends a detailed traffic impact study be done for developments generating 100 or more trips in a peak hour. The proposed assisted living facility is expected to generate 23 peak hour trips, well below the 100 trip threshold. Traffic generated by the proposed facility is not anticipated to have a noticeable impact on the nearby transportation network. Therefore, a traffic impact study analyzing nearby intersection operations is not warranted for the proposed facility. RECEIVED JUL 18 MYTH', AND FACE' F4t 11 _ x National Multi I!NMHC Housi ns.Council St LRx CLUB IA. Wdill ! i~! rJti r~ Ud No discernible difference exists in the appreciation rate of properties located near higher-density development and those that are not. Some research even shows that higher-density development can increase property values. The precise value of real estate is determined by many factors, and isolating the impact of one factor can be difficult. Although location and school district are the two most obvious determining factors of value, location within a community and size and condition of the house also affect value. Several studies have examined whether multifamily housing has any impact on the value of nearby single-family detached houses. These studies have shown either no impact or even a slightly positive impact on appreciation rates. For instance, one study by the National Association of Home Builders looked at data from the American Housing Survey, which is conducted every two years by the U.S. Census Bureau and the Department of Housing and Urban Development. It found that between 1997 and 1999, the value of single-family houses within 300 feet of an apartment or condominium building went up 2.9 percent a year, slightly higher than the 2.7 percent rate for single-family homes without multifamily properties nearby.' Another study, commissioned by the Family Housing Fund in Minnesota, studied affordable apartments in 12 Twin Cities neighborhoods and found "little or no evidence to support the claim that tax-credit family rental developments in [the] study eroded surrounding home values. ,2 And a long-term study by Harvard University's Joint Center for Housing Studies published in 2003 also confirms that apartments pose no threat to nearby single- family house values, based on U.S. Census data from 1970 to 2000.3 Not only is there compelling evidence that increased density does not hurt property values of nearby neighbors: researchers at Virginia Tech University have concluded that over the long run, well-placed market-rate apartments with attractive design and landscaping actually increases the overall value of detached houses nearby.4 They cite three possible reasons. First, the new apartments could themselves be an indicator that an area's economy is vibrant and growing. Second, multifamily housing may increase the pool of potential future homebuyers, creating more possible buyers for existing owners when they decide to sell their houses. Third, new multifamily housing, particularly as part of mixed-use development, often makes an area more attractive than nearby communities that have fewer housing and retail choices.5 National Association of Home Builders, "Market Outlook: Confronting the Myths about Apartments with Facts" ashington, D.C.: Author, 2001), p. 4. 2 Maxfield Research, A Study in the Relationship between Affordable Family Rental Housing and Home Values in the Twin Cities (Minneapolis: Author, November 2000). 3 Alexander Hoffman, The Vitality of America's Working Communities (Cambridge, Massachusetts: Harvard University Joint Center for Housing Studies, 2003). 4 Arthur C. Nelson and Mitch Moody, "Price Effects of Apartments on Nearby Single-Family Detached Residential Homes," Working Draft (Blacksburg, Virginia: Virginia Tech University, 2003) 5 Arthur C. Nelson, 'Top Ten State and Local Strategies to Increase Affordable Housing Supply," Housing Facts & Findings, vol. 5, no. 1. Echelon at Lakeside Echelon at Lakeside is the only multifamily development in an upscale, master-planned single-family suburban neighborhood of Lakeside on Preston in Plano, Texas a suburb of Dallas. Florida-based developers Echelon Communities, LLC, overcame initial community opposition from area residents through high-quality innovative design. The award-winning architecture blends seamlessly with the surrounding neighborhood's traditional style. Larger-than-normal floor plans, individual entries, and attached garages combine to mirror the grand estates in the surrounding communities. Although street elevations make the buildings appear to be one single family home, they actually house several multifamily units. Memphis-based architects Looney Ricks Kiss used five building types and three building styles. All units include high-quality interior finishes; community amenities include a resort-style pool, fitness facility, clubroom, business and conference center, and full-time concierge. PROFILE The award-winning apartments at Echelon at Lakeside were designed to blend with the neighboring luxury homes. Concerned citizens should use the entitlement process to demand high-quality development in their communities while understanding that density and adjacent property values are not inversely related. Higher-density real estate developers and investors in higher-density real estate need to appreciate the fact that most Americans' wealth is held in their home equity. Therefore, changes in property values can have very real consequences to existing property owners. Likewise, homeowners would benefit from knowing that developers make a substantial financial commitment when investing in new higher-density projects. This investment is an incentive to make the project successful, which can give the community leverage in working with the developer. Such interrelated and overlapping economic interests among these stakeholders make it all the more likely that a mutually beneficial agreement can be reached. Such an agreement can result in a project that enhances the existing community, ensures the appreciation of residents', developers', and the local government's financial interests, and addresses the needs of current and future residents of the community and region.6 6 This entire review was created by the ULI Haughey, Richard M. Higher-Density Development: Myth and Fact. Washington, D.C.: ULI-the Urban Land Institute, 2005. ULI Catalog Number: N27 International Standard Book Number: 0-87420-941-2 I Q N W W BUILDING DATA SENIOR LIVING W _ _ - - - - - - - - - - - - - - - - - - -ERi, uNE _ 64 UNITS TOTAL o a 3 STORIES Ex15TNG REfnNw WJLL 3 :--W 5Ei6JC PARKING PROVIDED ©I I I I I I i I I II --I I I I 3S SURFACE PARKING SPACES SNOUN 50 -0- ~LDWG KT-E~CK _ - (INME)ING 2 ACCESSIBLE w ~ 6'NIGNwIITEwc-I~------ 1 I mp FENCE W GATE II SPACES) O LL O III S cac sIDEWK II I GARAGE SPACE (INCLUDING I ' c - Iy _ ~FENrxcirFZ _J I ACCESSIBLE SPACE) N I~-- r r 24 UNDER GROUND PARKING SPACES Z ~ O I1---1 I I f I I Iii 1 10 q (INCLUDING 2 ACCESSIELE _ Q r- -1 ____~J__L__L_n I SPACES) 01-1n-ms 64 TOTAL PARKING SPACES NK,.N WIRE FK ` v 1 \ \ EENCE W GJiE O pO 1 _ N`iwELK m X24 ADDITIONAL SPACES FO5515LE m 1T . ' N w SE TOTAL PARKING SPACES TOTAL E 64 UNIT EUILDING 6 6'-0- CO4C ^ WALK PARKING CALCULATIONS 10-4 swE Il STAFF PARKING 0-4 3 RESIDENTS PARKING 26 OVERFLOIU)yISITOR PARKING ~•iy 46 UNITS TOTAL 0 I I EXISTW, 4L ~idNNG W WJLL ' ` X, I I EXISTING SITE AREA 1 1 9E020 50. FT. 61TU'1NW$-' MTEGRAL_-__ ~OO'EUIDWi SEi-6JCR ca+c. cWx6 _ -z ! II BUILGING FOOTPRINT Guisx 11,430 SQFT (18% COVERAGE IMPERVIOUS COVER (NOT INCLUDING \ 10'-@'PJgCNG SEI6JCK WILDING FOOTPRINT) XXX 50. FT (XX% COVERA(jE) ~~EW W4 \ xISTNG . - e _ _ _ _ _ _ FROFEgn LNE IMPERVIOUS COVER (INCLUDING \ F rJ~rnGWULL BUILDING FOOTPRINT) z. 4Xxx 50 . FT (xx°% COVERAGE) O o A1.1 SITE PLAN - CCh1FORMING PLAN SCALE I" 70-C" • 24 36 SCALE IN FEET NC N SCALE I" = 40'-0' s II x 11 0 G-20 40 SITE FLAN RECEIVED JUL 13 2009 FF m c v \ T T o v k J -1 ~ 3 r L -L L COVENTRY SENIOR LIVING NOT TO BE o c USED FOR DFA.rchi-acts {EMIORI CARE AND C.\RE SUITEt CONSTRUCTION 73oonuoson5 1I€urtezw OAKDALE, MN 55l2B 128 PH(65117144115 FAX(651)735-1 Z28 EAGAN. MN .«aw.ur«timm 1al r RECEIVED JUL 13 1009 • DECARATM1E MLINTRAOE M&MMARM j FbERwdT OAtm eCP 'V t 4 iBERCEM OOAI®TRl1 atu eTO R vow S ROOffAC! 01000 Ip 6E~ AKMTlO1L1lAL FTlOA6T 18 LIP 222 ~ t~fi P r - - -OOR ` _.a_ yro PMMaED 0.CCR IEEE - 9 - VO FMIl1E0 ROOK / r2 C_~ Olt z C. Q nNORTN ELEVATION _ - 1 r EOALE~ 48 . I'O .71X36 !LACE M FEET N ecxE, 416' . I'-0' • E % ri 0, A® Z WM r xr 4 r , I I 9Blii n9 ~u I'I`N TO PH54ED FLOOR G i'. « , i Ild ~r11H{lillll 1 ' • I.' TIO If,~f I'~ I l~ I -t'-'~" I If' ~ ~ 1p.AU+ VMk 4~~ } I 1 t I I I 191 , ~ `^4 I 1~~ a bllII 16 v 1 °~.C w!116{n'I +I , h I .H ,r•:. ( ~9 + .vu I.Uu1 SNED FLOM .Ev., 00'-I vr V ELEV. r Z F ~ Yn b u E' " O Q d 1~,~ f ~ s~yl ~ I Iti nl 1 I4 I n SOUTH ELEVATION A3.1 MWACT ,05.0, ,I !LACE. N3' . r-B . 34 % 36 M FEE SCALE:106' r-0'.F%n o e ELEVATM From: Jenifer Berger [mailto:jenibergerl@gmail.com] Sent: Tuesday, June 23, 2009 8:33 AM To: APC Cc: amy.ryan@bestbuy.com; roger_w_kleppe@bluecrossmn.com; Jane Gohar Subject: Coventry Senior Living Proposal Dear Advisory Planning Commission Members, I am writing to you to express my concerns over the Coventry Senior Living proposal on 1650 Hunt Drive, Lots 1& 2 Terra Glenn 3rd Addition. This project was up for review last year and was denied due to the multiply requests for exceptions to Eagan's building codes and simply trying to cram too many people on such a small space . I am a resident of Terra Glenn, one of the closet homes to this project. A visual you won't see in the presentation is the homes that are 100-300 yards of the lot. We can see this property and will certainly have to deal with the increased"traffic, parking and noise. I would like you to carefully consider not approving this project for the following reasons; 1) When the residents of Terra Glenn bought our homes, we were told 12 town homes would be built on that property, not a business with 62 units plus staff and consistent deliveries. This is not even close to what we were told was planned. The idea of senior living is nice, but it seems if you are going to change what its zoned for, a project 1/5 of the proposed size would be appropriate. 2) The space is just too small for this size project. 3) Is Blue Cross Blue Shield aware of the plan and do they approve this time? The project proposal is not much different from last time and they objected over environmental integrity. 3) Increased traffic, large trucks consistently coming in a residential neighborhood and not enough parking. We already deal with City of Eagan maintenance vehicles and people cutting through our neighborhood at extreme speeds, this will magnify the problem that already exists. We cannot let our children play in our front yards due to the frequent and fast cars/trucks/mowers. The parking study the applicant supplied was done for them- this seems to be a conflict of interest to me. In addition, the parking study uses senior living as a base, this is somewhat different. We were told by the applicant the top floor will be occupied by people who will pass within a few days. With that being the case, I have to believe they would have many more visitors than someone who just needs more help due to age. Last, since the top floor will be people in critical condition and only an RN will be on staff, ambulances will be frequent for emergencies that require a MD. 4) The staff- will the staff and delivery people be screened/back ground checked so we do not have violent/sexual criminals within a couple hundred yards of our children? This may sound ridiculous, but I would not be doing my job as a mother if I did not ask. Is there a policy in place for these places of work? 5) Last, yet still important is our home values. Terra Glenn is one of Eagan's nicest neighborhoods, and placing a business in our neighborhood will not help increase the value of our homes. As city planners, I would think you want to keep that in mind as its benefits the city to keep all home prices up to attract more future residents. I would like to be there for the meeting, however, I am out of town. Thank you for taking the time to read this and listen to my friends/neighbors this evening. Regards, Jenifer Berger ~ ~a3 Dakota County Property Tax Payment Stub Page 1 of 1 Property Taxation & Records 1590 Highway 55 Hastings MN 55033 651-438-4576 Fax 651-438-4399 www.dakotacounty.us Lt1t119f98t~AM Pint Dakota County provides this data as a service only and does not warranty or otherwise guarantee the accuracy or the correctness of the data in any manner. If you have questions or need further information, please call 651-438-4576 Back Property ID: 10 75402 010 01 SD: 197 Property Owner: Property Address: YANKEE DOODLE PROPERTIES INC Total Payable in 2009: $2,542.00 Total Paid-Year To Date: Tax Penalty Total $0.00 $0.00 $0.00 Our records indicate prior year taxes due on this parcel. Contact our Property Information Center at 651-438-4576 for information. Mailed payment must be postmarked on or before due date. 1 1st HALF PAYMENT STUB - PAYABLE 2009 FULL YEAR TAX $2,542.00 To avoid penalty pay on or before May 15, 2009 FIRST HALF TAX $1,271.00 I PROPERTY ID: 10 75402 010 01 Payable To: Dakota County PT&R HOMESTEAD: NO PAY CODE: IIIUIIIIIIIIIIIIIIIIIIIIIIIUIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII TAXPAYER(S): illlllllilllllllllllllllllllllllllllllllllllllllllllllillllllllli YANKEE DOODLE PROPERTIES INC 12415 55TH ST N 1st Half Due $1,271.00 LAKE ELMO MN 55042 Penalty thru 06/30/2009 $101.68 Total $1,372.68 107540201001 00000127100 00000254200 00000010168 1 Z 2nd HALF PAYMENT STUB - PAYABLE 2009 To avoid penalty pay on or before October 15, 2009 I SECOND HALF TAX $1,271.00 PROPERTY ID: 10 75402 010 01 Payable To: Dakota County PT&R HOMESTEAD: NO PAY CODE: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllhIIIIIIIHIIIII IIIMIIIIIII TAXPAYER(S): IIIIIilllllllllllllllllllllllllllllllllllllllllllllllllllllllllll YANKEE DOODLE PROPERTIES INC 12415 55TH ST N 2nd Half Due $1,271.00 LAKE ELMO MN 55042 Penalty thru 06/30/2009 $0.00 Total $1,271.00 107540201001 00000127100 00000254200 00000000000 7 http://services.co.dakota.mn.us/TaxPaymentStub/TaxStub2.aspx?Id=107540201010 6/23/2009 Dakota County Property Tax Payment Stub Page 1 of 1 Property Taxation & Records 1590 Highway 55 Hastings MN 55033 651-0384576 Fax 651438-4399 www.dakotacounty.us L a f13i"l§fQ"8AM Print Dakota County provides this data as a service only and does not warranty or otherwise guarantee the accuracy or the correctness of the data in any manner. If you have questions or need further information, please call 651-438-4576 Back Property ID: 10 75402 020 01 SD: 197 Property Owner: Property Address: YANKEE DOODLE PROPERTIES INC Total Payable in 2009: $1,270.62 Total Paid-Year To Date: Tax Penalty Total $0.00 $0.00 $0.00 Our records indicate prior year taxes due on this parcel. Contact our Property Information Center at 651-438-4576 for information. - Mailed payment must be postmarked on or before due date. 1st HALF PAYMENT STUB - PAYABLE 2009 FULL YEAR TAX $1,270.62 To avoid penalty pay on or before May 15, 2009 FIRST HALF TAX $635.31 PROPERTY ID: 10 75402 020 01 Payable To: Dakota County PT&R HOMESTEAD: NO PAY CODE: IIIIIIIIIIIIIIIIIIIIIIIIHIIIIllIIIUIlIHIIIIIIII IIHIIIII IlIIIIII TAXPAYER(S): IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII YANKEE DOODLE PROPERTIES INC 12415 55TH STN 1st Half Due $635.31 LAKE ELMO MN 55042 Penalty thru 06/30/2009 $50.82 Total $686.13 107540202001 00000063531 00000127062 00000005082 9 2nd HALF PAYMENT STUB - PAYABLE 2009 [i] To avoid penalty pay on or before October 15, 2009 SECOND HALF TAX $635.31 PROPERTY ID: 10 75402 020 01 Payable To: Dakota County PT&R HOMESTEAD: NO PAY CODE: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII TAXPAYER(S): IIIIIIIIIIIIIIIIIIIIIIIIIIIIillilllllllllllllllllllllllllllllllll YANKEE DOODLE PROPERTIES INC 12415 55TH STN 2nd Half Due $635.31 LAKE ELMO MN 55042 Penalty thru 06/30/2009 $0.00 Total $635.31 107540202001 00000063531 00000127062 00000000000 8 http://services.co.dakota.mn.us/TaxPaymentStub/TaxStub2.aspx?Id=107540201020 6/23/2009 AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 18, 2009 A. CALL TO ORDER B. ADOPT AGENDA. C. CONSENT AGENDA 1. Approve EDA Minutes D. OLD BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Adopt Resolution Approving Purchase Agreement for Sale of City Property to Doran Development for Phase I Apartment Project E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Consider License Agreement for Jensens Supper Club to Permit Use of City Property for Parking Pending Redevelopment F. OTHER BUSINESS G. ADJOURN la~v Agenda Information Memo Eagan Economic Development Authority Meeting August 18, 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. 1. APPROVAL OF MINUTES - The minutes of the August 3, 2009 EDA meeting are enclosed on pages/a "1 D 2. APPROVAL OF STIPULATION OF SETTLEMENT FOR VALUATION FOR AMERICAN ACCOUNTS - The EDA previously acquired the properties located at 3904 and 3906 Cedarvale Drive from American Accounts as part of its assembly of properties for the Cedar Grove Redevelopment. The former owners agreed to the quick take acquisition, but proceeded with the eminent domain process as the basis for establishing the value of the property. The City's appraisal of the property was $675,000 and American Accounts' appraisal was $950,000. The commissioners made a determination of value of $784,500, including $500 for appraisal costs. American Accounts appealed the award and the matter was set for trial at District Court. The attorneys for the parties have continued negotiations and a potential settlement offer was reviewed by the EDA in executive session on July 21. An agreement has been reached pending EDA approval and a stipulation of settlement has been prepared and executed by the appellants for an additional $25,000 above the commissioners' determination, for a total of $809,500. Since the matter 143(7 remains in litigation until settlement or conclusion, if the EDA has questions regarding the matter, it may recess to executive session to confer with the City Attorney prior to taking action. If not, the matter is in consideration for approval at this time. B'S MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 3, 2009 A meeting of the Eagan Economic Development Authority was held on Tuesday, August 3, 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 Bakken moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the July 21, 2009 EDA meeting as presented. OLD BUSINESS There were no Old Business items. NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT PUBLIC HEARING REGARDING SALE OF CITY PROPERTY TO DORAN DEVELOPMENT FOR PHASE I APARTMENT PROJECT Community Development Director Hohenstein discussed the proposed sale of property to Doran Pratt for Phase I of the apartment project in Cedar Grove. Rebecca Kurtz, Ehlers and Associates, discussed the proposed price of $25,000 for the property and the return on investment. Chairman Maguire opened the public hearing. Mike Wold representing the Minnesota Interfaith Council on Affordable Housing expressed support for the sale of the property and the proposed apartment complex. ~a ~ There being no further public comment, Chairman Maguire turned discussion back to the commissioners. Commissioner Fields moved, Commissioner Tilley seconded a motion to close the public hearing and direct staff and the City Attorney to prepare findings of fact, conclusions and a resolution to approve the Parcel Purchase Agreement with Doran Pratt Development LLC for the Cedar Grove Apartment Project in the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting at 7:20 p.m. Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director 130 Agenda Memo Eagan Economic Development Authority Meeting Old Business August 18, 2009 1. CEDAR GROVE - PARCEL PURCHASE AGREEMENT FOR APARTMENT PROJECT ACTION TO BE CONSIDERED: To adopt the findings of fact, conclusions and resolution to approve the Parcel Purchase Agreement with Doran Pratt Development LLC for the Cedar Grove Apartment Project in the Cedar Grove Redevelopment District. FACTS: • At its meeting on March 16, 2009, the City Council and EDA approved a Preliminary Concept Plan for Phase I presented by the Doran Pratt partnership for the redevelopment of the core area of the Cedar Grove Redevelopment District. At the same meeting, the EDA approved the Master Real Estate Purchase Agreement with Doran Pratt for properties in the redevelopment core area. • The master agreement contemplated separate purchase agreements for the sale of individual parcels within the area, contingent upon the City Council's approval of a development plan for the subject parcel. • Under the terms of the Master Agreement, City staff and the developer negotiated a Parcel Purchase Agreement for the sale of property that will be considered for development of the Cedar Grove Apartment project and a central park/public gathering space. • In order to sell publicly acquired property for private development or use, it is necessary to hold a public hearing to consider the sale. The EDA held a public hearing relative to the Parcel Purchase Agreement for the apartment and park property at its meeting on August 3, 2009. • At that time, the EDA considered background information and testimony regarding the Agreement and acted to direct the staff to prepare findings of fact, conclusions and a resolution to approve the Parcel Purchase Agreement as presented at that time. The resolution has been prepared and is in order for consideration at this time. ATTACHMENTS: II • Location map on page J`TQ • Resolution on pages 135 through/3 • Master Real Estate Purchase Agreement available upon request. 131 a \ ~d ~ s i allis Rills 11-x- 1.x'1 t.1.1L?1rt / ; t 1,1.x.1-b~• ei'~t ~ 1 1 • r lea eC1t A ent ? e(~eve Redev P * Gory R Gedar Gr°.0IF District r 1 ea ent pr v" ~iaa ' Gore RedeveloPm Redevelopment Area • G G~ r %i' Legend core -fir- BoundaN ' ~ ~ ~ ~ District Parcel tine rit 1E)cisitin9 Bu11d' 9 800 * l(` \ 400 eet F it r/ ~f ..+~•LL::=°^~::=.^",.„«.~ W \ M~kh'AY 13 FTiURE oeVELOrMEr1T THIS POO~..,o^-'K ae...s, dsR / 21.a AI.PES DL SPACES 121. SPPat•ss c'aix. ~.uu GaKT. nwn Aca1S1FD LNlA1fq so SPACCY ~ 4 , Q 4 6 G 4 I 1 MVTA C~ ~il•F•I'A i a PTEFs Q ~r.FGT VhRK; 61 •X. µ^Df'FB'DBn• J -le 9A.6S da.,ur~4 M.Rc NIG0.S / uNe1.P- PARC1 PHESTaIRN Lac, SPACES FOAV Pa+e.'1R.IA..• u+K uyc Ta vgRk d{OI~ 1RRIL SENIOR F1a,+'sIFK -6.4 AFRES P1APlSf-R,- APART I.a~+TS-9.3 wcgy MIA. CS - 4.4 ALSIIL-~ • Lb UNITS I* ooEMc .1T 4VIM - •TWO-'n%CE ,1DRY/2S UNIT PAONMS, 5, P PARz-5-4.9 ACPGS • To UN Rb ASSISTED 4JINC Lye UNITS 'Ie+Tnl.. Twe PaUC. 1 64 0 pe 'w I~9D VI•I I'f7'1bf1\b G61C W IT 8L RmtiS i Bb Rw.+b wrtH 256 E1JUCSED PARtIN(, f I? [ANN fia H•nera Arwfutn 6s 1 SO ENCUE00 PARFIN(~/(.e PIIR I•+DEI•. JNIT 116 002 Ph¢KIN4~ e.e Pu! UN Ir D . Sboo ,f SHaPXj: L66 `0o2FT a PARCw PgSSDC TI 49b PaRC t I I'B VER uNlr ToSt PARR1-HS LW SPM-ES W 1 M IEl. ~ ~ E1'•+PLUYEE, a kUE3T Ho PAR(-W i 216 SPM.R / I/O PR- RmM w L21. TOTM- PARK-,A1lc 1.6 Pav- WIT P@7rylb PAR FINt3: 5D 3PA~SIIo.o em Ioco SF Y im iaP' wo' Cedar Grove - 101 Doran Con"nift Pratt Homy Redevelopment c°`Pri.,l r. r =~G - ill--bid Mq S I6 VLw•i. X11 Rlv~r ar r_____ MCI •4•b HIRYa Yes Exhibit A ' 1 Lg/R(~Vi( b 'rr ff ?5?i off "Willi I 1 l l ~rr'trerc~ ~ ~ 1 11 1 p ~ t ( 0 1 3333 e L J BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY In Re: Sale of Real Property in Cedar Grove FINDINGS OF FACT, Redevelopment District to Doran Pratt CONCLUSIONS AND Development, LLC RESOLUTION This matter came before the Eagan Economic Development Authority ("EDA") at its meeting of August 3, 2009. The EDA received and considered public comment; input from City staff; the Master Real Estate Purchase Agreement; the proposed Parcel Purchase Agreement between the EDA and Doran Pratt Development, LLC, a Minnesota limited liability company (the "Company"); together with all existing files, records and prior proceedings and materials as presented to the EDA. Based upon all the files, records and input presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolutions. FINDINGS OF FACT 1. At its meeting on March 16, 2009, the EDA approved a revised Preliminary Concept Plan for Core Area Redevelopment of the Cedar Grove Redevelopment District. 2. At its meeting on March 16, 2009, the EDA also approved a Master Real Estate Purchase Agreement for the Core Area of the Cedar Grove Redevelopment District. 3. Pursuant to Section 2 of the Master Real Estate Purchase Agreement, the Company provided to the EDA's consultant, Ehlers & Associates, Inc., (the "Consultant") a pro forma regarding the sources and uses of funds and cash flow (the "Pro Forma") for redevelopment of the property depicted on Exhibit A attached hereto (the "Property"). 4. Pursuant to Section 2 of the Master Real Estate Purchase Agreement, the Consultant reviewed the Pro Forma and advised the EDA that the project requires financial 1 assistance in the form of a reduced land acquisition cost. As such, an Initial Purchase Price of $25,000.00 was suggested. 5. The Company desires to purchase the Property from the EDA for an Initial Purchase Price of $25,000.00, subject to the terms and conditions of the Parcel Purchase Agreement attached hereto as Exhibit B. 6. The Company desires to redevelop the Property by constructing thereon approximately 275-300 market-rate apartment units and related parking facilities, consistent with the Preliminary Concept Plan. 7. After not less than ten days' published notice, a public hearing was held at the Eagan Municipal Center, Eagan, Minnesota, at or shortly after 6:30 p.m. on August 3, 2009, regarding the proposed conveyance. 8. The conveyance of the Property to the Company conforms in all respects to the requirements of Minnesota Statute § 469.105. CONCLUSIONS 1. The conveyance of the Property to the Company on the terms provided in the Parcel Purchase Agreement attached hereto as Exhibit B is in the public interest, furthers the aim and purposes of the EDA pursuant to Minnesota Statutes 469.090 to 469.108 and furthers the general plan for economic development of the Cedar Grove Redevelopment Area. RESOLUTIONS 1. The Parcel Purchase Agreement attached hereto as Exhibit B is hereby approved. 2. The appropriate officials and representatives of the EDA are hereby authorized to convey the Property to the Company as provided in the Parcel Purchase Agreement. 2 1 -Se 3. The appropriate officials and representatives of the EDA are hereby further authorized to execute all documents necessary to effectuate the conveyance hereinbefore described. Dated at Eagan, Minnesota this day of , 2009. Eagan Economic Development Authority By: Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director ~67 3 Agenda Memo Eagan Economic Development Authority Meeting New Business August 18, 2009 1. CEDAR GROVE - LICENSE AGREEMENT FOR JENSENS SUPPER CLUB PARKING ACTION TO BE CONSIDERED: To approve a license agreement to permit parking for Jensen's Supper Club on City owned property at 3880 Sibley Memorial Highway and authorize the Authority officers to execute the appropriate documents. FACTS: • During the period of decline in the Cedar Grove Redevelopment District Jensens Supper Club began an informal practice of permitting late night parking on the adjacent credit union property at 3880 Sibley Memorial Highway. While the Jensens property is adequately parked per City Code and the previous Perkins use, the supper club clientele tend to come with fewer people to a car and the on-site parking can be exceeded on a busy evening. • Following the EDA's acquisition of the credit union property in 2008, Doron Jensen, approached staff about continuing that practice, pending redevelopment of the property. This was done initially through an informal arrangement in which the business owner agreed to take on maintenance of the site for his use and provide a certificate of insurance naming the City/EDA as an additional insured. • Ultimately a redevelopment plan will need to account the heavier parking demand for this business either through a formal shared parking arrangement or other means. In the meantime, it is in the interest of the project to meet this need of the business. • In consideration of the fact that the redevelopment of the credit union site will likely take longer than originally anticipated and to formalize the relationship between the parties, staff and Mr. Jensen have negotiated a license agreement to permit the parking to continue, while maintaining the insurance requirement and permitting termination of the agreement upon 30 days notice. • In consideration, too, of the condition of the area as demolition and removal of other structures continues and new development has not yet begun and the desire not to add costs for the remaining businesses in the interim, the agreement was drafted without a rental payment requirement. At such time as Phase I redevelopment begins to occur and/or the redevelopment of the credit union is undertaken in particular, more formal cross easement arrangements will be considered and appropriate compensation for it will be identified. ATTACHMENTS: • Location map on page if • License Agreement for Parking on pages I through' 1 7 /90 6F 1121 -JI InH.tn.nl!~nl~ml~?r`~ I , Cedar Grove Redevelopment Area \o. Subject A 77k Gm gig/ / / / UP/7,70-1 z 111 i1 d I' ' Ilk 0 325 650 1,300 City of p 1'idp Feet Cedar Grove Redevelopment Area 3880 Sibley Memorial Hwy- Former Credit Union Site '4t LICENSE AGREEMENT FOR PARKING This License Agreement for Parking ("Agreement") is made this day of 2009, by and between Eagan Economic Development Authority, a Minnesota public body corporate and politic, ("EDA") and Jensen's Supper Club, a Minnesota corporation ("Licensee"). WHEREAS, EDA is the owner of real property located in the City of Eagan, Dakota County, Minnesota, depicted on the sketch attached hereto as Exhibit "A" and incorporated herein by reference (the "Property"); and WHEREAS, the Licensee has requested a license from EDA to use the Property for vehicular parking; and WHEREAS, EDA is willing to grant the license to the Licensee, subject to the terms and conditions contained herein; NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, EDA and Licensee agree as follows: 1. License for Ingress, Egress and Parking Purposes. EDA hereby grants to the Licensee, for the benefit of the Licensee and its employees, guests and invitees, a license to use the Property only between the hours of and I t , for non-exclusive purposes of ingress, egress and vehicular parking. 2.. Condition of Property. EDA makes no warranty or representation to the Licensee regarding the condition of the Property or the suitability of the Property for ingress, egress or vehicular parking or for any other purposes. 3. Maintenance. The Licensee shall maintain the portion of the Property used for ingress, egress and vehicular parking in a safe and orderly condition, including but not limited to removal of snow, ice and debris, repair of potholes, and repair and maintenance of all driving, parking and walking areas, at the Licensee's sole cost and expense. 4. Improvements. The Licensee may install directional and parking signs, lighting, and other improvements to facilitate the use of the Property for parking purposes (collectively the "Improvements") in conformance to the City's regulations and standards, at the Licensee's sole cost and expense. Prior to installation of any Improvements, the Licensee shall submit plans and specifications to the City and obtain approval from the City's planning and engineering staff. Prior to any excavation on the Property, the Licensee shall call Gopher State One Call and have underground utilities marked. Upon termination of this Agreement, the Licensee shall remove from the Property all Improvements installed by the Licensee. If any Improvements remain on the Property after termination of this Agreement, the City may dispose of the Improvements at the Licensee's sole cost and expense, without any liability to the Licensee. 5. Damage to Property. The Licensee shall be liable to EDA for any costs, damages and reasonable attorneys' fees incurred by EDA as a result of damage to the Property caused by the Licensee or its employees, guests or invitees in connection with this Agreement. 2 ~L3 6. Insurance and Indemnification. The Licensee shall maintain comprehensive liability :insurance in the minimum amount of $1,000,000.00 naming EDA as an additional insured and shall provide a copy of the insurance certificate to EDA contemporaneously with the execution of this Agreement. Such insurance shall be provided by an insurance company acceptable to EDA. The Licensee shall indemnify and hold EDA harmless from any and all claims arising out of or related to the use of the Property by the Licensee and its employees, guests and invitees. 7. Termination. EDA may terminate this Agreement upon thirty (30) days written notice to the Licensee. 8. Payment of Costs. The Licensee shall reimburse EDA for all costs and expenses incurred by EDA in connection with enforcing this Agreement, including, but not limited to, EDA's attorneys' fees. 9. Survival of Obligations. The Licensee's obligations under this Agreement shall survive the expiration or earlier termination of this Agreement. [Signature page follows] 3 )14 IN WITNESS WHEREOF, the undersigned have executed this Agreement. Jensen's Supper Club, a Minnesota corpora 'on Dated: ? Z 3 Ic QL~4,~ - - By: ran 2rI SQ n Its: cs a(e~ STATE OF MINNESOTA ) ss. COUNTY O ) The foregoing instrument was ack wledged before me this day of , 2009, by -o r e. J e vS e . , the Pre ; cue ?1-(- of Jensen's Supper Club, a Minnesota corporation, on behalf of the corporation. Notar ub 'c MARY MEN NOTARY PUBLIC - MINNESOTA THIS INSTRUMENT WAS DRAFTED BY: MD Wmbdm Exo= Jai. 31.2010 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (952) 432-3136 (MDK) 206-4768 4 Eagan Economic Development Authority Dated: By: Mike Maguire Its: President Dated: By: Thomas L. Hedges Its: Executive Director STATE OF MINNESOTA ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2009, by Mike Maguire and Thomas L. Hedges, respectively the President and Executive Director of Eagan Economic Development Authority, a Minnesota public body corporate and politic ("EDA"), on behalf of the EDA. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (952) 432-3136 (MDK) 206-4768 15 a 'F~° rtw f 'x , CPs., r M.. { , 17 . ~ i nrw y r L+ .gyp. P ~r III'R ? t4 t'! sM1 ihpf '4 ' Subject Parking Area wigs 1 , 0 35 70 140 Exhibit A MMMI Feet Parking Area for Jensen's/EDA License Agreement N Agenda Information Memo Eagan Economic Development Authority Meeting August 18, 2009 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.