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09/15/2009 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING SEPTEMBER 15, 2009 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 1-0,)) II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS ea A. Emergency Management Training Institute IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) P3 A. APPROVE MINUTES PM B. PERSONNEL ITEMS f.14 C. APPROVE Check Registers 3 D. APPROVE a Joint Powers Agreement with State of Minnesota to join task force which focuses on combating internet crimes P )q E. ACCEPT Grant of $600 from Target Corporation for Police Department Surveillance Equipment far) F. APPROVE Resolution Accepting $3,092 Donation from Gopher Resources for the Fire Department Rescue Equipment f 24 G. APPROVE Preliminary and Final Subdivision for Cedar Grove Park and Ride (MVTA) 55 H. APPROVE Final Subdivision for Norton Heights P.581. APPROVE Final Subdivision for Rusten Norvin Oaks f 4, J. RECEIVE Final Assessment Roll and Schedule Public Hearing (October 20, 2009) for Project 972 (Lone Oak / Waters Area — Street Improvements) PA), K. RECEIVE Final Assessment Roll and Schedule Public Hearing (October 20, 2009) for Project 976 (Avalon / Burnside — Street Improvements) A3 L. RECEIVE Final Assessment Roll and Schedule Public Hearing (October 20, 2009) for Project 977 (Robin Lane — Street Improvements) (p+ M. RECEIVE Final Assessment Roll and Schedule Public Hearing (October 20, 2009) for Project 978 (Eagandale / LeMay Lake — Street Improvements) p(05 N. RECEIVE Final Assessment Roll and Schedule Public Hearing (October 20, 2009) for Project 979 (LeMay Lake / Lunka — Street Improvements) Plp‘ O. RECEIVE Final Assessment Roll and Schedule Public Hearing (October 20, 2009) for Project 1001 (Opperman Drive — Street Improvements) f (,p7 P. APPROVE an extension for recording the Final Plat of Valley View Plateau Plat 3 Q. Item Removed el) R. APPROVE the 2010-2014 Parks and Recreation CIP ie.*S. APPROVE a contract for architectural and engineering services for a service building in Central Park as part T of the 2010 Parks and Recreation CIP jP75 T. RECEIVE Public Works Committee Recommendation (Solar Energy Feasibility Study) p,gLJ U. APPROVE Contract 09-06B, Wandering Walk Park Wetland Bank — Planting V. PUBLIC HEARINGS 1 • $lp A. EASEMENT VACATION — Vacate Trail Easement, Lots 20 & 21, Block 1 Chatterton Ponds VI. OLD BUSINESS VII. NEW BUSINESS P$' A. CERTIFICATION OF PRELIMINARY 2010 BUDGET AND PROPERTY TAX LEVY, and Setting of Public Meeting Dates on which the Budget and Levy will be discussed before Final Adoption. I' 9a B. PRELIMINARY AND FINAL SUBDIVISION for Eagan Fire Station No. 2 First Addition — A Preliminary Subdivision to separate approximately 6 acres from a 75 acre parcel to create a four -acre parcel and associated right-of-way dedication located in the SW corner of Yankee Doodle and Wescott Woodlands. poO C. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT — Consider discontinuation of district VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no items to be considered at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4111/ City of Eaaau mem TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 11, 2009 SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 15, 2009 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the September 15, 2009 City Council agenda, the following items are in order for consideration. Agenda Information Memo September 15, 2009 City Council Meeting i. RECOGNITIONS AND PRESENTATIONS A. EMERGENCY MANAGEMENT TRAINING INSTITUTE Action to be Considered: No formal action is needed. The recognition is intended to thank those persons who participated in the Emergency Management Institute, and provide an opportunity for a brief summary of the City's role at the Institute. Background: • On August 24-28, 2009, a team of 65 county, city and regional responders attended the Emergency Management Training Institute in Emmitsburg, Maryland. The City of Eagan sent the following thirteen representatives to the training: o Mayor Mike Maguire o Councilmember Paul Bakken o City Administrator Tom Hedges o Police Chief Jim McDonald o Fire Chief Mike Scott o Deputy Police Chief Jeff Johnson o Deputy Fire Chief Pat Diloia o Streets Maintenance Supervisor Kurt Schlegel o Utilities Operations Supervisor Charlie Borash o City Engineer Russ Matthys o Chief Building Official Dale Schoeppner o Communications Director Tom Garrison o Support Services Manager Jeremy Klein • Police Chief McDonald is prepared to provide a brief overview of the purpose and training that occurred at the Emergency Management Institute, and Mayor Maguire is invited to share his comments regarding the Institute. • An invitation to attend the recognition at the September 15 Council meeting has also been extended to Dakota County Emergency Preparedness Coordinator David Gisch, as well as Eagan's representatives on the Dakota County Board, Commissioners Tom Egan and Nancy Schouweiler, all of whom participated in the training in Emmitsburg. Agenda Information Memo September 15, 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 September 1, 2009 regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the September 1, 2009 regular City Council meeting are enclosed on pages through /C) . 3 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 1, 2009 DRAF-, A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Tilley, Bakken and Hansen. Councilmember Fields was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 1, 2009 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Tilley, Bakken and Hansen. Councilmember Fields was absent. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Traffic Engineer Tim Plath, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. RECOGNITIONS Mayor Maguire provided information on the Emergency Management Institute recently attended by 11 staff members, Councilmember Bakken and Mayor Maguire. AGENDA City Administrator Hedges noted that a Closed Session would be held in regard to Highway 149 and pending litigation in Cedar Grove. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye: 4 Nay: 0 CONSENT AGENDA City Administrator Hedges noted that Councilmember Fields, who is out of town, called to comment on item D in regard to three federal appropriation requests for funding. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the August 18, 2009 regular City Council meeting as presented. B. Personnel Items. There were no personnel items. C. It was recommended to ratify check register dated August 20, 2009 as presented. D. It was recommended to authorize contract with J & P Associates for consulting services for the purpose of making application for federal appropriations for the proposed Safety Campus. E. It was recommended to direct staff to prepare an Ordinance Amendment for Chapter 6.39 regarding massage therapist licenses. F. It was recommended to award Contract 09-06 (Wandering Walk Park — Wetland Banking Improvements) to G.F. Jedlicki, Inc., for the base bid amount of $50,480 and authorize the Mayor and City Clerk to execute all related documents. G. It was recommended to award Contract 09-06 (Wandering Walk Park — Wetland Banking Improvements) to G.F. Jedlicki, Inc. for the base bid amount of $50,480 and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to approve the final payment for Contract 07-06 (Lebanon Hills Regional Park / Long Acres — Storm Sewer Improvements) in the amount of $23,102.34 to Minger Construction, Inc., and accept improvements for perpetual City maintenance subject to warranty provisions. I. It was recommended to declare the developer in default of the development contract, authorize fund deposit from development's letter of credit provider, and approve a contract with Bituminous 4 City Council Minutes September 1, 2009 Page 2 DRAFT Roadways, Inc. in the amount of $20,160 to complete the remaining public improvements within Marsh Cove (City Project No. 07-0). J. It was recommended to receive the Final Assessment Roll for Project 973 (Windtree Addition — Street Improvements) and schedule a public hearing to be held on October 6, 2009. K. It was recommended to receive the Final Assessment Roll for Project 980 (Hampton Heights / Stoney Pointe / Blackhawk Glen Addition — Street Improvements) and schedule a public hearing to be held on October 6, 2009. L. It was recommended to receive the Final Assessment Roll for Project 982 (St. Francis Woods Addition — Street Improvements) and schedule a public hearing to be held on October 6, 2009. M. It was recommended to receive the Final Assessment Roll for Project 1000 (Grace Drive — Street Improvements) and schedule a public hearing to be held on October 6, 2009. N. It was recommended to receive the Final Assessment Roll for Project 1002 (Pinecrest of Eagan — Street Improvements) and schedule a public hearing to be held on October 6, 2009. O. It was recommended to receive the Final Assessment Roll for Project 1003 (Blue Gentian Road — Street Improvements) and schedule a public hearing to be held on October 6, 2009. P. It was recommended to approve a Joint Powers Agreement with Dakota County for the reconstruction and overlay of county trails under City Contract 09-08 (2009 City -Wide Trail Improvements). Q. It was recommended to waive the monetary limits on municipal tort liability. R. It was recommended to approve Tree Maintenance Contractor Licenses for Morgan's Tree Service and Oleson's Tree Service. PUBLIC HEARINGS PROJECT 858, CONTRACT 08-13, SIBLEY TERMINAL/HIGHWAY 13 STORM SEWER IMPROVEMENTS FINAL ASSESSMENT ROLL City Administrator Hedges introduced this item regarding the final assessment roll and contract for Sibley Terminal / Highway 13 storm sewer improvements. Public Works Director Colbert noted that the public hearing for the final assessment for Project 858 was opened at the August 18, 2009 City Council meeting. After testimony from the affected property owner, Todd Johnson, Global Equity Partners, Council continued the hearing to September 1 to allow Global Equity Partners an opportunity to execute a waiver of objection to special assessments in the reduced amount of $107,010. Mayor Maguire re -opened the public hearing. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to close the public hearing and approve the Revised Final Assessment Roll for Project 858 (Sibley Terminal / Highway 13 — Storm Drainage Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to 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. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve an agreement with the Minnesota Department of Transportation (MNDOT) for the maintenance of the storm sewer improvements to be constructed under Project 858 / Contract 08-13 within Highway 13 right-of-way, and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 City Council Minutes September 1, 2009 Page 3 PROJECT 1016, AMES CROSSING ROAD STREET & UTILITY IMPROVEMENTS DRAFT City Administrator Hedges introduced this item regarding street and utility improvements for Ames Crossing Road. Public Works Director Colbert introduced Kevin Kawlewski, WSB, who presented an overview of the feasibility report. Mayor Maguire asked Director Colbert to discuss the northeast Eagan traffic study, potential bids and the acquisition of rights-of-way. City Attorney Dougherty discussed the assessment process. Director Colbert noted that objections have been received from Cole Enterprises and Ecolab. Mayor Maguire opened the public hearing. Dave Grannis, representing Cole Enterprises and Ruth and Dick Cole, expressed opposition to the project and proposed assessments. He noted that the Coles did not receive proper notice of the project and stated they feel the street connection is premature and unnecessary prior to development of the Cole property. An Ecolab representative also expressed opposition to the project and proposed assessments, noting they feel there is not a public need or purpose for the project at this time. Greg Miller, Interstate Partners, stated his company filed the petition for the project and feels it is a valuable project for the area at this time. There being no further public comment, Mayor Maguire turned discussion back to the Council. Councilmembers held a discussion which included the green acres designation of a portion of the property and the method of payment for such a project. It was noted that the objection is to segment two of the project. Councilmember Hansen moved, Councilmember Tilley seconded a motion to close the Public Hearing and approve Project 1016 (Ames Crossing Road — Street and Utility Improvements) and authorize the preparation of detailed plans and specifications, and the acquisition of easements through quick -take eminent domain process, if necessary. Aye: 4 Nay: 0 PROJECT 1005, DANIEL DRIVE SIDEWALK IMPROVEMENTS City Administrator Hedges introduced this item regarding sidewalk improvements for Daniel Drive. He noted that a petition had been received from are property owners requesting the narrowing of Daniel Drive and the installation of a sidewalk. A traffic study was conducted. Traffic Engineer Tim Plath gave a staff report. Council members held a discussion regarding the lack of justification in narrowing Daniel Drive, the possibility of installing a sidewalk in segment two of the project, radar speed signs and awareness education. Mayor Maguire opened the public hearing. Six residents expressed their opposition to the installation of a sidewalk. Interest was shown in regard to traffic monitoring signs. C9 City Council Minutes September 1, 2009 Page 4 D R ^ F Janet Westenberg discussed the narrowing of Daniel Drive, using Denmark Avenue as an example. She suggested, due to the opposition to the sidewalk, the $20,000 available from the Diffley-Marketplace developer be used to promote pedestrian and biker safety. There being no further public comment, Mayor Maguire turned discussion back to the Council. Discussion was held regarding the funds available from the Diffley-Marketplace developer, speed signs and educational material. Councilmember Bakken moved, Councilmember Tilley seconded a motion to use the available $20,000 to procure speed signs and use any remainder for educational material within the Daniel Drive neighborhood. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing and deny Project 1005 (Daniel Drive — Sidewalk Improvements). Aye: 4 Nay: 0 There were no Old Business items. OLD BUSINESS NEW BUSINESS PLANNED DEVELOPMENT AMENDMENTS — CUB FOODS City Administrator Hedges introduced this item regarding planned development amendments to allow outdoor storage of shopping carts, outside display of seasonal goods and salt, and construction of screen walls in the service area and at the front of the building for property located at 1020 Diffley Road. City Planner Ridley gave a staff report. Mayor Maguire and Council members questioned representatives of Cub Foods Scott Lichtenberg and Anne Thies about the designated smoking area for employees, the storage of carts, and the screening of the grease dumpster and propane. Mr. Lichtenberg agreed to withdraw the request for screening of the smoking area. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to allow outdoor storage of shopping carts for property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2nd Addition, subject to the following conditions. Aye: 3 Nay: 1 (Bakken opposed) 1. An amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. Only outdoor storage of shopping carts shall be allowed per the Site Plan dated July 13, 2009. 3. The enclosure shall be made of materials to match the principal structure. 4. The applicant shall obtain a building permit for the construction of the masonry screen wall. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve outside display of seasonal goods and salt for property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2nd Addition, subject to following conditions: Aye: 4 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. City Council Minutes September 1, 2009 Page 5 3RA FT 2. The applicant shall provide decorative bollards which will identify the display area. 3. The seasonal sales shall be allowed in the area as depicted on the Site Plan dated July 13, 2009. 4. All signage must meet City Code requirements. 5. The site shall be kept in a neat and orderly manner and the display of items shall not interfere with pedestrian safety, vehicular movement, emergency access and existing business activities. 6. The applicant shall continue the current practices of dimming exterior site lighting and turning off illuminated signs during non -operational hours, provided it does not compromise safety and security of the site. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve construction of a screen wall in the service area to screen the grease dumpster and propane cage for property located at 1020 Diffley Road, legally described as Lot 1, Block 1, Diffley Marketplace 2nd Addition, subject to the following conditions. Aye: 4 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. The screen walls shall be located per the Site Plan dated July 13, 2009. 3. The screen wall in the rear service area for the grease dumpster and propane cage shall be at least 5' in height. 4. The screen walls shall be constructed of materials to match the principal structure. 5. The applicant shall obtain a building permit, if required, for the construction of the masonry screen walls. CONDITIONAL USE PERMIT — VALLEY MOTOR SPORTS City Administrator Hedges introduced this item regarding a request for a Conditional Use Permit for the outdoor storage of up to 86 vehicles for property located at 3380 Highway 149. City Planner Ridley gave a staff report. Ted Carlson, Welsh Companies and Mark Sandberg, Valley Motor Sports, were present to answer questions of the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit for the outdoor storage of up to 86 vehicles for property located at 3380 Highway 149, legally described as Lot 2, Block 1, Gopher Eagan Industrial Park, subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit replaces any prior CUP's issued for the property and shall be recorded at Dakota County within 60 days of approval by the City Council, and proof of recording submitted to the City. 2. The outdoor storage shall be limited to a maximum of 86 vehicles and located in the outdoor storage area as identified on the Site Plan received July 31, 2009. 3. The storage area shall be maintained in an orderly fashion. 4. The coniferous trees proposed along the south perimeter of the site shall meet current City Code requirements and be installed by October 31, 2009. 5. The rooftop mechanical equipment shall be screened to meet City Code requirements by October 31, 2009. 6. The safety storage for LP cylinders and flammable container safety cabinet along the north side of the building should have a minimum spacing of 5 feet from any building openings. 7. If recycled asphalt aggregate is used for the outdoor storage areas, the site will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first City Council Minutes September 1, 2009 Page 6 AFT eL review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 8. All parking and storage areas shall be property maintained to prevent deterioration. CONDITIONAL USE PERMIT — THE LINDSAY GROUP City Administrator Hedges introduced this item regarding a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement to allow a pylon sign on property located at 1344-1348 Town Centre Drive. City Planner Ridley gave a staff report. Jay Lindsay, Lindsay Group, discussed the proposed signage. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement to allow a pylon sign on property located at 1344-1348 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 17th Addition, subject to the following conditions: Aye: 4 Nay: 0 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the Site Plan received July 29, 2009. 3. The Applicant shall provide a Landscape Plan depicting the replacement of the tree to be removed and the sign base foundation plantings per current City Code requirements. 4. All landscaping shall be installed no later than October 31, 2009. 5. All signage shall meet Sign Code requirements. 6. The Applicant shall enter into an Amendment to the Pylon Sign Agreement for Lot 2, Block 1 Town Centre 70 17th Addition, in a form acceptable to the Cit Attorney. 7. No tenant shall have signage on the existing pylon sign located on Lot 1, Block 1 at the same time as signage on the proposed pylon sign located on Lot 2, Block 1, Town Centre 70 17th Addition. PLANNED DEVELOPMENT AMENDMENT — CSM WATERS V LLC City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow outdoor storage of tractors, farm implements and equipment at 2955 Lone Oak Drive. John Ferrier, CSM Waters, discussed the storage of the equipment noting it is actually used for training sessions and is moved constantly. He requested the term of the interim use include the option period to 2017. Councilmember Tilley moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow outdoor storage of tractors, farm implements and equipment at 2955 Lone Oak Drive, legally described as Lot 1, Block 1, Blue Ridge 5th Addition, subject to the following conditions: Aye: 4 Nay: 0 1. The 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 2. The outdoor storage terminates upon the expiration of the current lease or October 31, 2017; whichever occurs first. 3. The outdoor storage shall be as indicated on the approved Site Plan dated July 9, 2009. 4. Trash dumpsters shall be relocated within the building or within an enclosure consistent with City Code by June 30, 2010. 9 City Council Minutes September 1, 2009 Page 7 DR r 5. Equipment being stored on site shall be no more than five years old. ORDINANCE AND FEE SCHEDULE AMENDMENT SANITARY SEWER SERVICE INSPECTIONS City Administrator Hedges introduced this item regarding an amendment to City Ordinance Section 3.40 regarding rules and regulations relating to sanitary sewer service. He noted this item had been discussed at the August 11, 2009 Council workshop. Public Works Director Colbert provided an overview of the ordinance amendment. Councilmember Bakken moved, Councilmember Hansen seconded a motion to adopt an amendment to City Ordinance Section 3.40 (Rules and Regulations relating to Sanitary Sewer Service), authorize its publication by the City Attorney. Aye: 4 Nay: 0 It was noted that the fee schedule amendment will be brought back as a public hearing at a later date. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. The regular City Council meeting was recessed at 11:20 p.m. to immediately convene a meeting of the Economic Development Authority. The regular meeting was reconvened at 12:00 a.m. ADMINISTRATIVE AGENDA There were no items requiring action. VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn the meeting at 12:00 p.m. Date Administrative Secretary / Deputy Clerk ID Agenda Information Memo September 15, 2009 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Police Officers -- ACTION TO BE CONSIDERED: To approve the hiring of Lindsay Grange and Luke Nelson as Police Officers. n Agenda Information Memo September 15, 2009 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 27, 2009 and September 3, 2009 as presented. ATTACHMENTS: • Check registers dated August 27, 2009 and September 3, 2009 are enclosed without page number. Agenda Information Memo September 15, 2009, Eagan City Council Meeting CONSENT AGENDA D. Approve a Joint Powers Agreement with the State of Minnesota, acting through the Minnesota Bureau of Criminal Apprehension (BCA), to join a multiagency task force combating internet crimes where children are victims. ACTION TO BE CONSIDERED: Approving the agreement will allow Eagan Police Officers to work cooperatively with other law enforcement agencies to investigate internet crimes related to children. FACTS: • The State of Minnesota is the recipient of a grant from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS), and Child Sexual Predator Program. • The purpose of the grant is to provide law enforcement with funding to combat the exploitation of children via the internet. • By entering into this agreement, the Eagan Police Department will work with personnel from other Minnesota Law Enforcement Agencies, by exchanging data and identifying suspects involved in internet crimes related to children. • Approval of this agreement will allow the City to access approximately $242,000 in grant funds that can be used for enforcement, prevention, and education. If justified, equipment can also be purchased. • The agreement was reviewed by City Attorney's Office. • Eagan's participation is contingent upon approval of the agreement by State Officials. ATTACHMENTS A copy of the agreement is attached on pages i4 13 to /. STATE OF MINNESOTA JOINT POWERS AGREEMENT CHILD SEXUAL PREDATOR PROGRAM AGREEMENT # 3000-1438 This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension, located at 1430 Maryland Avenue E., St. Paul, Minnesota 55106 and City of Eagan, Police Department, located at 3830 Pilot Knob Road, Eagan, MN 55122. Recitals Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State was awarded a Federal grant from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS), Child Sexual Predator Program for investigative overtime reimbursement, training and equipment. The State is in need of assistance from city and county law enforcement agencies in investigating and combating the exploitation of children which occurs through the use of computers by providing funds for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations. Agreement 1 Term of Agreement 1.1 Effective date: July 1, 2009, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: September 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties 2.1 Governmental Unit's Responsibilities A. All employees of the Governmental Unit shall be licensed peace officers or non -sworn employees must be assigned or affiliated with the Minnesota Internet Crimes Against Children (ICAC) Task Force. B. When a contributed employee of the Governmental Unit acts on the behalf of the Minnesota ICAC Task Force within the scope of this Agreement, the employee's actions are within the employee's line of duty and course of employment to the same extent as if the employee had acted on behalf of the employee's employing Agency. C. All members of the Governmental Unit shall continue to be employed by the same Law Enforcement Agency employer which they were employed before joining the Minnesota ICAC Task Force and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer fringe benefits. D. The Governmental Unit shall submit accurate, timely financial records pertaining to enforcement and analytical activities related to ICAC Task Force related investigations. Financial records shall be submitted in a format consistent with Exhibit A attached to this Agreement. E. The Governmental Unit must supply original receipts to be reimbursed on pre -approved requests; and reimbursement will be paid directly by the State to the Governmental Unit within 30 days of the date of invoice, with payment made out to the City of Eagan Finance Department, Attn: Tom Pepper, located at 3830 Pilot Knob Road, Eagan, MN 55122. F. Investigations by the Governmental Unit under this agreement should be conducted and concluded in a timely manner. The Governmental Unit will only be reimbursed by the State for overtime hours and/or actual expenses Joint Powers Agreement (Rev. 6/03) 1 1tf incurred related to the Community Oriented Policing Services (COPS) investigations and/or training through the term of this agreement or until all Federal funds under the COPS grant have been expended, whichever comes first. G. The Governmental Unit shall maintain accurate records pertaining to enforcement activities, to be collected and forwarded monthly to the State's Authorized Representative or his designee for statistical reporting purposes. H. The Governmental Unit shall return to the State's Authorized Representative within sixty days investigative equipment acquired by the State through grant funding as a result of this Agreement in the event that federal funding under the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant for investigative overtime reimbursement has been exhausted, the agreement is terminated as defined in clause 10.2 of this Agreement, the Governmental Unit breaches this Agreement, or upon expiration of this Agreement. 2.2 State's Responsibilities A. The State will provide the Governmental Unit with investigative equipment for the exclusive purpose to conduct investigations related to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant. B. The State will reimburse the Governmental Unit for expenses incurred for training and meetings related to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant, and pre -approved by the State's Authorized Representative. C. The State will reimburse the Governmental Unit for overtime hours incurred related to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant, and approved by the State's Authorized Representative. 3 Payment A. Itemized invoices will be filed by the Governmental Unit's Authorized Representative of this agreement with the State's Authorized Representative of this agreement in arrears, monthly and within 30 days of the period in which service and/or training were provided. B. Reimbursement to the Governmental Unit will be made by the State within 30 days of the date of invoice, and will be paid directly to the City of Eagan Finance Department, Attn: Tom Pepper, located at 3830 Pilot Knob Road, Eagan, MN 55122. C. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Governmental Unit as a result of this agreement will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Governmental Unit will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the prior approval of the State's Authorized Representative for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. D. The State has a total Expense Budget of $241,481.00 that was approved under the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant for investigative overtime hours and expense reimbursement. Based on the number of Governmental Units participating in the COPS Child Sexual Predator Program the total obligation of the State for reimbursement of investigative overtime hours and expenses will not exceed $5,000.00 for any one Governmental Unit, unless approved by the State's Authorized Representative. E. Federal Funds. Payments under this agreement will be made from federal funds obtained by the State through Title Child Sexual Predator Program CFDA number 16.710 of the Violent Crime Control and Law Enforcement Act of 1994. The Governmental Unit is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Governmental Unit's failure to comply with federal requirements. Joint Powers Agreement (Rev. 6/03) 2 4 Authorized Representatives The State's Authorized Representative is Eric Knutson, Special Agent in Charge, 1430 Maryland Avenue E., St. Paul, Minnesota 55106, telephone number 651-793-7000, or his/her successor. The Governmental Unit's Authorized Representative is Steve Bolluyt, Sergeant, 3830 Pilot Knob Road, Eagan, MN 55122, or his/her successor]. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the State's liability, and Minnesota Statutes, Chapter 466 governs the Governmental Unit's liability. 7 State Audits The Governmental Unit shall participate fully in any audits required by the U.S. Department of Justice; and under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. Joint Powers Agreement (Rev. 6/03) lL 3 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual cer les that funds have been encumbered as required b n. Stat. §§ 16A.1 k d 16C. By: (with delegated authority) Signed: i ' Title: Date: 9 — Date: Agreement No. 3000-1438 2. GOVERNMENTAL UNIT By: Title: Date: By: Title: Date: Joint Powers Agreement (Rev. 6/03) l-7 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: Distribution: Agency Governmental Unit State's Authorized Representative - Photo Copy 4 Eagan Police Department Eagan Police Department 3830 Pilot Knob Road Eagan, MN 55122 Telephone: 651-675-5700 Fax: 651-675-5707 www.citvofeagan.com BILL TO: Bureau of Criminal Apprehension Eric Knutson, Special Agent in Charge 1430 Maryland Avenue East St. Paul, MN 55106-2802 651/793-1004 Fax: 651/793-1005 TTY: 651/282-6555 Internet: http://www.dps.state.mri.us/bca Exhibit A INVOICE INVOICE NO.: ICAC - DATE: HOURS DESCRIPTION RATE TOTAL Reimbursement for Computer Forensic Analyst, Internet Crimes Against Children, for the month of Reference: Agreement # 300-1438 • Employee's Name and Rank Employee ID: 01234567 $ $ Overtime hours @ $ Employee's Name and Rank Employee ID: 98765432 $ $ Overtime hours @ $ {Reimbursement of expenses if pre -approved by State's Authorized Rep.) $ $ I certify the above to be correct, and the amount claimed to be due and payable. Steve Bolluyt, Sergeant Eagan Police Department Payment Details Sub Total $ ❑ Electronic Fund Transfer (EFT) Tax Identification ❑ Warrant Number: xx-xxxxxxx TOTAL $ Joint Powers Agreement (Rev. 6/03) Please include invoice numbers with payment 1? 5 Consent Agenda Information Memo September 15, 2009 Eagan City Council Meeting CONSENT AGENDA E. Accept a $600.00 grant from the Target Corporation. ACTION TO BE CONSIDERED: To accept a $600.00 grant from the Target Corporation that will be used by the police department to purchase surveillance equipment. FACTS: • The Eagan Police Department has been awarded a $600.00 grant from the Target Corporation which is intended to support law enforcement. • Following the completion of a grant application, Target notified the police department of the award. • The donation was received by the police department July 19, 2009. • The Police Department intends to use this money for surveillance equipment, which complies with the stipulations outlined in the grant. • A thank you letter will be sent to store management thanking them for the donation. ATTACHMENTS: N/A 1? Agenda Memo September 15, 2009 Regular City Council Meeting CONSENT AGENDA: F. Approve a resolution accepting a $3,092 donation from Gopher Resources for the purchase of rescue equipment for the Fire Department. ACTION TO BE CONSIDERED: To approve a resolution accepting a $3,092 donation from Gopher Resources. FACTS: • Gopher Resources has offered to make a $3,092 donation to the Fire Department. • The Fire Department is requesting that these funds be used towards the purchase of rescue equipment and are requesting that the funds be placed in the Fire Departments revenue and expenditure budget (1225.6670). • A thank you letter will be sent to Gopher Recourses from the fire department. ATTACHMENTS: None aO Agenda Information Memo September 15, 2009, Eagan City Council Meeting G. PRELIMINARY AND FINAL SUBDIVISION (CEDAR GROVE PARK AND RIDE) – MVTA ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) of a Preliminary Subdivision (Cedar Grove Park and Ride) to create a 9 acre lot located at Cedar Grove Parkway and Nicols Road on MnDOT right-of-way, subject to the conditions listed in the APC minutes. To approve a Final Subdivision (Cedar Grove Park and Ride) to create a 9 acre lot located at Cedar Grove Parkway and Nicols Road on MnDOT right-of-way. REQUIRED VOTE FOR APPROVAL: Majority of Council Members present. FACTS: ➢ The site, approximately 9 acres, consists of excess right-of-way from the Cedar Avenue highway construction. ➢ The proposed subdivision would establish the lot boundaries for the site. ➢ The City Council directed staff to route a Comprehensive Guide Plan Amendment to the Metropolitan Council on February 3, 2009. • Future action by the City Council on the Comprehensive Guide Plan Amendment, Preliminary and Final Planned Development will occur after the Comprehensive Guide Plan Amendment is reviewed by the Metropolitan Council. ➢ Construction of a park and ride transit facility with a 768 sq. ft. bus shelter, 143 stall surface parking lot and 21 stall pick up/drop off parking area is underway. ➢ A second phase of the development may include a three level parking structure with a skyway connecting to a center running bus rapid transit (BRT) line. ➢ A transit facility supports the proposed transit -oriented redevelopment plans of the Cedar Grove district. ➢ The Advisory Planning Commission held a Public Hearing regarding the proposed Preliminary Subdivision on January 27, 2009 and is recommending approval. ISSUES: None ATTACHMENTS (3): Location map on page . January 27, 2009 APC minutes on pa es o&3 througha6—. Staff report on page through Location Map Eagan Boundary Rlght•of-way ' Parcel Area 1 Park Arca Building Footprint 40127111 emr:1774 a"1,`1".°oda i' an '4S):40#4.4, ' •tom uu ' feu. t�W use �, S;;�wi'���IOIt: �2' >•A�fjIueJ Vt.0 tr. 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MVTA Cedar Grove Park and Ride Applicant Name: TKDA Location: Nicols Road & Cedar Grove Redevelopment Area Application: Preliminary Planned Development A Preliminary Planned Development of 9 acres to create a park and ride. File Number: 19 -PD -03-12-08 Application: Preliminary Subdivision A Preliminary Subdivision of 9 acres. File Number: 19 -PS -06-12-08 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated January 22, 2009. She noted the background and history. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Keeley inquired about the special area for the land use and if it is the best choice, considering future possibilities. Community Development Director Jon Hohenstein explained that the updated Comprehensive Plan shows the Cedar Grove Redevelopment Area continuing as a Special Area and explained that since this is a transit function, it is reasonable to guide the land accordingly for the time being. He further explained that over time, the entire Cedar Grove area will likely be guided with a general designation. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment that would establish a Special Area Land Use Guide Plan designation upon approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDOT right-of-way in the NE % of Section 19. Member Filipi stated the region as a whole needs more park and ride facilities and stated support for the application however will abstain due to his present employer. A vote was taken. All voted in favor. Motion carried: 5-0. Member Filipi abstained from voting on this item. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Preliminary Planned Development for a park and ride, upon approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDOT right-of-way in the NE' of Section 19, subject to the following conditions: d3 Advisory Planning Commission January 27, 2009 Page 4 of 8 The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 2. A Final Planned Development Agreement shall be executed for the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4. The Elevation Plan shall be revised to correct the labels on the west elevation. 5. Prior to Final Planned Development approval, the developer shall provide calculations from the architect to verify that the required ratios of building materials are satisfied. 6. The Site Plan shall be revised to include dimensions for the bus shelter building setbacks, parking lot drive aisles, gas easements, overall lot dimensions and parking lot dimensions as well relocate the pedestrian crosswalk label and sidewalk label. 7. The applicant shall provide an elevation for the trash enclosure and the building shall be constructed of the same materials and match the principal building. 8. A detail of the air conditioning screen wall shall be provided and constructed of the same materials and match the principal building. 9. A revised Landscape Plan shall identify all plantings within the site. 10. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. 11. Signage shall meet City Sign Code requirements. 12. A revised Lighting Plan shall meet City Code requirements for light levels and pole height. A vote was taken. All voted in favor. Motion carried: 5-0. Member Filipi abstained from voting on this item. Member Zoberi moved, Member Keeley seconded a motion to recommend approval of a Preliminary Subdivision to create a legal lot of record approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDOT right-of-way in the NE' of Section 19, subject to the following conditions: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, 84, C1, C2, C4, D1, and El. The property shall be platted. The applicant shall be responsible for obtaining a MN Department of Transportation drainage permit for the drainage of storm water runoff from the proposed storm water pond into the Highway 77 (Cedar Avenue) right-of-way ditch. al. Advisory Planning Commission January 27, 2009 Page 5 of 8 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 4. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 5. The applicant shall fulfill tree mitigation conditions through the installation of one hundred twenty-one (121) Category B trees. 6. The applicant shall protect preserved significant trees through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 7. 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. 8. A stormwater treatment pond shall be constructed in conformance with City Code §4.33. A vote was taken. All voted in favor. Motion carried: 5-0. Member Filipi abstained from voting on this item. Mr. Hohenstein acknowledged Minnesota Valley Transit Authority (MVTA) for outstanding work. He stated this is not just a transit feature; it will help Eagan reinforce transit oriented development that the City hopes to see occur in the Cedar Grove Redevelopment Area. PLANNING REPORT CITY OF EAGAN REPORT DATE: January 22, 2009 CASE: 19 -PD -03-12-08 19 -PS -06-12-08 APPLICANT: TKDA HEARING DATE: January 27, 2009 PROPERTY OWNER: MnDOT/MVTA APPLICATION DATE: December 17, 2008 REQUEST: Preliminary Subdivision PREPARED BY: Sarah Thomas Comprehensive Guide Plan Amendment and Preliminary Planned Development LOCATION: West of Hwy 77 and East of Nicols Road (NE '/ of Section 19) COMPREHENSIVE PLAN: No designation (right-of-way) ZONING: No designation (right-of-way) SUMMARY OF REQUEST TKDA is requesting approval of a Comprehensive Guide Plan Amendment that would establish a Special Area (SA) Land Use Guide Plan upon approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDOT right-of-way in the NE 1/4 of Section 19. In conjunction with the Guide Plan Amendment, the applicant has also requested approval of a Preliminary Planned Development for a park and ride transit facility and a Preliminary Subdivision to create a legal lot of record upon approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDOT right-of-way in the NE 1/4 of Section 19. AUTHORITY FOR REVIEW Comprehensive Guide 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 Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 2 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. Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. 1 That the design of the subdivision or the type of improvements is not likely to cause health problems. G That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other a7 Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 3 information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planned Development: City Code Chapter 1] .60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUND/HISTORY In 1998, the City initiated the Cedarvale Area Redevelopment Study to evaluate the area's potential to create a viable mixed use area that would utilize the area's inmate advantages (highway visibility and accessibility) while maintaining compatible land use relationships with surrounding uses. Following the Study in October 2001, the City formally created the Cedar Grove Redevelopment Tax Increment Financing (TIF) District, which includes this site.. The TIF District was certified by Dakota County in December of 2002. Since then, the City has undertaken physical improvements to realign the Silver Bell Road intersection with Cedar Grove Parkway (formerly Beau d'Rue Drive) and Hwy.. 13, as well as install gateway landscaping and streetscaping in the area. The City's Comprehensive Guide Plan was amended in 2003 with the approval of a small area plan for Special Area #5 (Cedar Grove) in May 200.3. The Cedar Grove District zoning ordinance was adopted in December 2002, and in June of 2003, the City Council approved a rezoning of approximately 96 acres within the Cedar Grove redevelopment area from various zoning districts to CGD, Cedar Grove District. EXISTING CONDITIONS The 9 acre subject property is unplatted right-of-way that overlays Cedar Avenue/Highway 77.. The property is excess right-of-way from the construction of the highway in the 1980's. Originally, farm homes and their outbuildings were located upon the property.. A gas station was Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 4 later constructed on the property to serve the highway traffic. Due to these previous land uses, petroleum contaminated soil and potential asbestos -containing material are of a concern and limit compatibility of low impact development features such as permeable pavers, stormwater infiltration or rain gardens. Additional development constraints include two NSP gas line easements, one of which is 80 feet wide. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The MVTA is proposing to construct a park and ride as the first phase of a future Bus Rapid Transit (BRT) system along Cedar Avenue. The proposed construction includes a bus station, park and ride lot, bus service and pick up/drop off and short terra parking stalls. A second phase of the development is proposed to include a parking ramp, which ultimately would connect via skyway to a center -running BRT line. The proposed park and ride consists of 143 park and ride stalls with an additional 21 pick up/drop off stalls. A more detailed description of the intent, phasing and public benefit of the proposed use is in the attached project narrative provided by the applicant. The MVTA and its project planners have concluded that the future construction of the parking ramp will result in a structure that is expected to be as tall or taller than the current berm and that it would be more cost effective to incorporate noise attenuation features into the structure or to construct the noise wall as an integral part of the structure. Therefore, the City Council approved a five year deferment for the MVTA to comply with the Minnesota Pollution Control Agency noise attenuation standards for the Cedar Grove Transit Station in September, 2008. Comprehensive Guide Plan Amendment — As noted previously, the subject property currently exists as right-of-way. Thus, the property does not have a specific land use plan designation with the City's Comprehensive Guide Plan. To justify the rezoning of the property, a guide plan amendment to designate the site SA (Special Area) must occur. The SA designation is consistent with the surrounding Cedar Grove District properties and the specific use proposed on site. Zoning — The subject side does' not presently have a zoning designation as it currently exists as right-of-way. To accommodate an atypical use that serves the general public, a PD (Planned Development) zoning designation has been requested. While the applicant is proposing a Existing Use Zoning Land Use Designation North Hwy 13 Right-of-way Right-of-way South Multi -tenant cornmercial GB, General Business RC, Retail Commercial East Single-family residential R-1, Residential Single district LD, Low Density (0-4 units/acre) West Hwy 77/Cedar Avenue Right-of-way Right-of-way EVALUATION OF REQUEST Description of Proposal — The MVTA is proposing to construct a park and ride as the first phase of a future Bus Rapid Transit (BRT) system along Cedar Avenue. The proposed construction includes a bus station, park and ride lot, bus service and pick up/drop off and short terra parking stalls. A second phase of the development is proposed to include a parking ramp, which ultimately would connect via skyway to a center -running BRT line. The proposed park and ride consists of 143 park and ride stalls with an additional 21 pick up/drop off stalls. A more detailed description of the intent, phasing and public benefit of the proposed use is in the attached project narrative provided by the applicant. The MVTA and its project planners have concluded that the future construction of the parking ramp will result in a structure that is expected to be as tall or taller than the current berm and that it would be more cost effective to incorporate noise attenuation features into the structure or to construct the noise wall as an integral part of the structure. Therefore, the City Council approved a five year deferment for the MVTA to comply with the Minnesota Pollution Control Agency noise attenuation standards for the Cedar Grove Transit Station in September, 2008. Comprehensive Guide Plan Amendment — As noted previously, the subject property currently exists as right-of-way. Thus, the property does not have a specific land use plan designation with the City's Comprehensive Guide Plan. To justify the rezoning of the property, a guide plan amendment to designate the site SA (Special Area) must occur. The SA designation is consistent with the surrounding Cedar Grove District properties and the specific use proposed on site. Zoning — The subject side does' not presently have a zoning designation as it currently exists as right-of-way. To accommodate an atypical use that serves the general public, a PD (Planned Development) zoning designation has been requested. While the applicant is proposing a Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 5 Rezoning to PD, the CGD (Cedar Grove District) standards will be the basis for evaluation of the proposed Planned Development as the CGD redevelopment district is adjacent to the site. Compatibility with Surrounding Area — The proposed use is consistent with the Cedar Grove redevelopment plans to establish mixed use commercial and residential developments at higher densities that would support transit oriented design. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter in its Transportation Policy Plan that anticipates the impacts from the continued operation of the airport at its current location, Based on the adopted 2007 Metropolitan Council Mitigated Noise Contours, the site is located within the Noise Buffer Zone. This development as a transportation, passenger facility is considered a compatible use within the Noise Buffer Zone. Conforming Plan — The applicant did not provide a conforming plan. A conforming plan is intended to show a development that conforms to standard zoning, in this case, the CGD zoning district. According to the applicant's narrative, "As this project is for public purpose and is not a residential development with homes, new streets and other standard subdivision elements, the Site Layout requested does not apply." Lots — The proposal consists of one nine acre lot. Preliminary Planned Development: Site Plan — The site consists of a surface parking lot and a looped bus turnaround with adjacent pick up/drop off parking. A 768 sq. ft. bus shelter is located between the bus turnaround and the pick up/drop off parking. The plan identifies an existing six foot concrete sidewalk along Nicols Road across the street from the property. The Site Plan should reflect this being an eight foot blacktop trail.. A pedestrian crosswalk near the Cedar Grove Parkway/Nicols Road intersection is proposed, providing pedestrian access between the site and the core Cedar Grove redevelopment district. The pedestrian crosswalk label on the plan should be relocated to more accurately identify the proposed location A crosswalk from the bus station across the three lanes of traffic in and out of the side is proposed, along with a trail to a point across from the existing sidewalk on the east side of Nicols Road and the second crosswalk connects the two pedestrian pathways. The Site Plan does not depict dimensions of the setbacks for the bus shelter, nor the parking lot drive aisles and gas easements. The plan should be revised to label these dimensions. Setbacks — Per City Code requirements, front and corner Lots must meet a build -to line of 0-10 feet. Interior side yards require 0' building setback. And the required rear yard setback is a minimum of 20'. The principal building, a bus station, exceeds the 10' maximum setback in both the front and side yards as the building is proposed to be set back approximately 47' from Nicols Road.. Due to the Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 6 previous mentioned site constraints, the building is located in the middle of the 9 acre site. These proposed setbacks are deviations from the CGD requirements. In order to accommodate the main function of the site as a transit station, these setback deviations are necessary for efficient traffic circulation and pedestrian safety. The CGD zoning requires 85% of the street frontage of any lot to be occupied by building facades meeting the build -to line. It has been established that the building does not meet the build -to line in the front yards. The majority of the front yard adjacent to Nicols Road is either open space or is occupied by surface parking.. Again, this is due to the use of the property as a transit station/park and ride. Building Height — Minimum building height is 24 feet, maximum building height in the CGD is 50 feet, The proposed building is 25 feet at the uppermost point of the roof, which meets the City Code requirement for round or other architectural type roofs. Building Elevations — The CGD ordinance establishes specific building and architectural provisions for the CGD zoning district. Primary materials may consist of brick, stone or glass and must cover at least 60% of the building facade. Secondary materials may be decorative Noel( or integrally colored stucco and may cover up to 30% of the building facade. Accent materials may include door and window frames, lintels, cornices and other minor elements covering no more than 10% of the building facade. All buildings shall include the following: a Accent materials shall be provided and all sides of a building shall be treated as a front side; b. Buildings containing office and retail uses shall maintain 40 percent minimum window coverage on each first floor front that faces a street or public open space; [not applicable] c. Complimentary major material colors; d. A combination of vertical and horizontal pattern designs in the building facade. The exterior finish materials are Mankato Kasota Stone, burnished block and glass. Prefrnished metal fascia and soffit are proposed on the east elevation, in keeping with similar styles to other MVTA bus stations. While the eastern elevation utilizes more metal accents, all of the building elevations make use of the same finish materials. The bus station is 768 square feet in size with a total of 1,184 square feet under the roof area. The variation in building materials and roof design provide added visual interest at the ground level. The Building Elevation sheet mislabels the west elevation. This elevation should be relabled and accurately identify the materials. Further, the elevation sheet should include the building material percentages as they relate to City Code requirements. Building Signage — Building signage is proposed on all four elevations of the bus station. This amount of signage exceeds what is permitted by the City Code. City Code would permit a total of three signs on up to two elevations of the building.. The sign on the east elevation could be viewed as a simple nameplate sign. However, simple nameplate signs on or over the entrance should not exceed three square feet in area. Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 7 The CGD ordinance establishes specific signage provisions for the CGD zoning district. Wall signage is allowed on buildings within a horizontal band no more than three feet in height, at least ten feet and no more than 15 feet, above the ground. The west elevation proposes building signage less than 10 feet above the ground which does not meet the code requirement.. Also, the allowable area of wall signs is one and one-half square feet of signage per lineal foot of building frontage on a public street, public open space, or private parking area. There should be no signage on the north elevation as that facade does not face a public street and no signage on the west elevation as it would exceed the number of building signs permitted by the Sign Code. Signage is proposed to be green and orange (MVTA logo) with aluminum letters. Signage should be individually mounted letters, no can or cabinet signs shall be allowed. An option to reduce building signage could be a monument sign located within the island. Freestanding signs may be up to 12 feet in height and must be constructed with a base consisting of the same materials and colors of the principal building with a minimum height of three feet and total signage not to exceed 45 square feet. A Final Sign Plan in compliance with City Code should be submitted with the Final Planned Development application. Trash Enclosuie — Trash storage is proposed adjacent to a bike locker enclosure and a bike rack, located behind the bus station. The building provides screening of the trash enclosure from Nicols Road which meets City Code requirements. The detached structure must be constructed of similar materials as the principal building. The applicant should provide an elevation depicting the detached trash enclosure materials and colors. Parking — The CGD zoning permits a maximum of 15% of any street frontage to be occupied by off-street parking.. The applicant has not provided dimensions of the parking lot; and due to the scale of the proposed plan, an estimate identifies approximately 16% of the Nicols Road frontage is occupied by the proposed off-street parking lot. However, due to the proposed use and site configuration, this minor deviation appears acceptable. Parking stalls are proposed to be 10 feet by 19 feet in size to maximize the amount of parking while reducing the amount of pervious surface. The drive aisle width appears to meet Code requirements of 24 feet but should be identified on the plan. Per City Code, surface parking lots are to be screened "with a decorative wall, railing, hedge or cornbination of these elements," to a minimum of 2.5' and maximum of 3.5' above the parking lot at the build -to line. Parking is proposed to be screened with landscaping. A row of Red Gnome Dogwoods is proposed adjacent to the parking lot which grows three to four feet in height. In the area where there is no trail, nine Crabapples are inner -mixed with the Dogwoods to meet Code Requirements of screening the site perimeter with overstory trees. Phase two of the development includes construction of a parking structure. The applicant has provided a potential Site Plan/elevation of this design. The MVTA will be required to submit a 3.a Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 8 Site Plan at the time of building permit for the parking structure to allow for review of design, building materials, signage and general code compliance. Site Lighting -- The City Code requires that site lighting be provided as is necessary for security, safety and traffic circulation and that all lighting be indirect and diffused or shielded, Lighting shall not be directed upon public rights of way or adjacent properties and the source of light must not visible from off the property. In addition, the CGD ordinance specifies that no light source may be more than 20 feet above the ground, except by CUP for buildings more than 24 feet in height. The Planned Development may allow for deviations from the Code Requirement in lieu of a Conditional Use Permit if warranted. Parking lot lighting is provided by three different fixture types. The 400 -watt and 281 -watt fixtures are proposed to be pole -mounted at a height of 30 feet. This exceeds the height requirement by 10 feet. The CGD district specifies lighting standards of an average of 2.0 footcandles for interior parking areas, with minimum levels of 0.5 footcandles. The applicant did not provide the average light level within the parking lot or minimum and maximum levels with this submittal, but will be required for the Final Planned Development. The photometrics show light levels of over 1.0 footcandle at the property line adjacent to Nicols Road. While the CGD standards specify not less than 0.5 footcandles at the property lines, those areas along the public streets contain trails and the spillover light of over 1.0 footcandle is not anticipated to be problematic, and may enhance security and safety for pedestrian traffic.. Mechanical Equipment — The CGD zoning requires that all mechanical equipment be completely screened from the ground -level view of adjacent properties and public streets, or designed to be compatible with the architectural treatment of the principal building. The Elevations identify equipment located within a mechanical room and a screen wall for the air conditioning unit. A detail of the proposed screen wall should be provided. Preliminary Subdivision: Landscaping — The proposed Landscape Plan shows solid landscaping along the east side of the parking lot, providing screening from the right-of-way. The Landscape Plan does not identify the plantings within the bus turnaround island. It appears that the conifers identified on the planting schedule are to be located in the island. A revised plan should identify the plantings. The proposed Landscape Plan shows a total of 134 trees, all mitigated trees. However staff calculation of mitigated trees totals 121, resulting in 13 non- mitigation trees being added to the site. The CGD ordinance requires that one overstory (shade) tree be provided for every 500 square feet of landscaped area on the site.. The applicant has not provided these calculations on the Landscape Plan. The applicant proposes native prairie mixture and drought and salt tolerant species to landscape the site. Because of this, irrigation of the site is not proposed. This is a deviation from the City Code requirement. s3 Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 9 Grading/Topography — The site was previously graded with the construction of Highway 77 (Cedar Avenue) and is generally open with a few trees that sprouted and grew since the Cedar Avenue grading. A majority of the long, narrow site was constructed as a 15 to 20 -foot high berm between Nicols Road and Cedar Avenue All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Storm Drainage — This development proposes to construct a storm water pond in the northern portion of the site to control storm water runoff from the site before it ultimately drains to the Cedar Avenue right-of-way ditch. Low Impact Development (LID) features (rain gardens, infiltration basins) were considered by the developer to control storm water runoff, but as previously mentioned, the underlying soils do not provide for desirable stone water infiltration. Utilities — Existing sanitary sewer and water main of sufficient size, depth, and capacity are available on site to serve the proposed building. Streets/ Access/ Circulation — Bus and passenger -vehicle turnaround access, and a 143 -stall parking lot access, are proposed onto Nicols Road via four driveways. Pedestrian circulation and access in the area is provided by a trail on the east side of Nicols Road, south of Cedar Grove Parkway. This development proposes to construct a sidewalk connection to this trail. Easements/ Permits/ Right -of -Way — The applicant should be responsible for obtaining a MN Department of Transportation drainage permit for the drainage of storm water runoff from the proposed storm water pond into the Highway 77 (Cedar Avenue) right-of-way ditch. Financial Obligation — There are no balances of special assessments on the parcels proposed for platting. At this time, there are no pending assessments on the parcel proposed for platting. This development should accept its additional financial obligations as defined below in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final subdivision. The final charges will be computed using the rates in effect at time of connection or subdivision. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right-of-way required with the plat: 3q- Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 10 Improvement Use Rate Quantity Amount Storm Sewer Trunk CI $0.18/ sq. ft. 392,040 sq. ft. $70,562.20 Total $70,562.20 Tree Preservation — A Tree Preservation Plan submitted with this application indicates that there are five areas of significant woodlands, totaling 41,368 square feet, and fourteen (14) significant trees existing at this site. Tree species include boxelder, cottonwood, ash, elm, and Austrian pine. Tree diameters range from 3 inches (woodland trees) to 20 inches, averaging about 10 inches. According to the submitted Tree Preservation Plan, 37,644 square feet of significant woodlands (91 % of the total) will be removed, and fourteen (14) significant trees (100% of the total) will be removed. The City of Eagan Tree Preservation Ordinance sets an allowable removal for this type of development at 30%. With a significant tree removal greater than the allowable, there is a required tree mitigation of one -hundred twenty-one (121) Category B trees associated with this application. Water Quality/Wetlands — Similar to other developments and regardless of size, this subdivision ultimately will generate additional stormwater runoff within the City via creation of additional impervious surfaces. Thus, this proposed development is subject to policies of Eagan's Water Quality and Wetland Management Plan to protect surface water resources from impacts of land development and must comply with City Code §4.33 Post Construction Requirements for management of stormwater runoff, imperviousness, best management practices, and stonnwater treatment ponding. The developer proposes to treat stormwater by constructing a pond on site, Because there are no wetlands on this site, the proposed subdivision is not subject to City Code §11 67 Wetlands Protection and Management Regulations. Parks and Trails — This development being of public use is not subject to park or trail dedication requirements. SUMMARY/CONCLUSION TKDA on behalf of the MVTA is proposing a Comprehensive Guide Plan Amendment, Preliminary Planned Development and Preliminary Subdivision to create a park and ride. Access to the 9 acre site is provided from Nicols Road in four locations. A bus station, park and ride lot, bus service and pick up/drop off and short term parking stalls are proposed. The proposal includes some deviations to the standard CGD zoning requirements. The property is currently unplatted, MnDOT right-of-way and application has been made to zone and plat the property. The proposed development plans appear to satisfy many of the design standards of the CGD zoning district in terms of building architecture, height, design and materials, as well as site design. Tree mitigation requirements are also satisfied. Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 11 The developer is proposing some deviations to CGD requirements. The acceptability of such deviations is a policy matter to be determined by City officials. Proposed deviations include the building location, signage, size of parking stalls and location of parking lot adjacent to the street, site lighting and landscaping. Cash parks and trails dedications do not apply to this public development. If approved, a Final Subdivision and Final Planned Development will follow, at which time the developer will provide additional detail to confirm compliance with the CGD architectural standards, building materials, site lighting, landscaping and signage. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment that would establish a Special Area Land Use Guide Plan designation upon approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDOT right-of-way in the NE % of Section 19 To recommend approval of a Preliminary Planned Development for a park and ride, upon approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDOT right-of-way in the NE Y4 of Section 19. If approved, the following conditions should apply: 1. The developer shall execute a Preliminary Planned Development Agreement which includes the following plans: • Site Plan • Building Elevations • Site Lighting Plan • Landscaping Plan • Signage Plan 2. A Final Planned Development Agreement shall be executed for the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 3. The property shall be subdivided and platted prior to issuance of any building permits. 4. The Elevation Plan shall be revised to correct the labels on the west elevation. 5. Prior to Final Planned Development approval, the developer shall provide calculations from the architect to verify that the required ratios of building materials are satisfied. 3p Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 12 6. The Site Plan shall be revised to include dimensions for the bus shelter building setbacks, parking lot drive aisles, gas easements, overall lot dimensions and parking Iot dimensions as well relocate the pedestrian crosswalk label and sidewalk label. 7 The applicant shall provide an elevation for the trash enclosure and the building shall be constructed of the same materials and match the principal building. 8. A detail of the air conditioning screen wall shall be provided and constructed of the same materials and match the principal building. 9. A revised Landscape Plan shall identify all plantings within the site. 10 All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. 11. Signage shall meet City Sign Code requirements. 12. A revised Lighting Plan shall meet City Code requirements for light levels and pole height. To recommend approval of a Preliminary Subdivision to create a legal lot of record approximately 9 acres located east of Cedar Avenue/Hwy 77 and west of Nicols Road in MnDOT right-of-way in the NE '/A of Section 19. If approved, the following conditions should apply: The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, Bl, B3, B4, Cl, C2, C4, Di, and El. 1. The property shall be platted. 2. The applicant shall be responsible for obtaining a MN Department of Transportation drainage permit for the drainage of storm water runoff from the proposed stone water pond into the Highway 77 (Cedar Avenue) right-of-way ditch. 3. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has current University of Minnesota Erosion/ Sediment Control Design training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 4. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 5. The applicant shall fulfill tree mitigation conditions through the installation of one hundred twenty-one (121) Category B trees. 37 Planning Report — Cedar Grove Park and Ride January 27, 2009 Page 13 6. The applicant shall protect preserved significant trees through the placement of required Tree Protective measures (Le. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved on-site. 7 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. 8. A stormwater treatment pond shall be constructed in conformance with City Code §4.33. 38 Location Map Eagan Boundary Rlght•of-way FT Parcel Arco Park Arca Building Footprint ��a- ! �f�uc �•�MM»» V1 lituDJ �Q1'v d Air par.,t tip P407914;6161/1114 IS 03 .9, --7 'thl tleilli `t.7 41 AV s 4 t 4 11111 1 Ionent :‘,..un:47;itso_RIM w ....4f..:::..lp r �cic e'er ....'.i+r!?s �ee !'�� ,, v4.,::::oiik a� Cit• •� l Filter "ra fL-7 *410449 ,,� Ail aip A >� tU R/ iii���t g I!/il NUM EiiJ ttt cs1 ��*U!!� jQ� llpVo /rpm `o1�+.i fit ;r;��f ‘O l�,3 pyo tw11,41" teatti>s• A, t: AVAIrsisx art a".., as___Zel4L:Crtidlij rid II . * A R Or 41 e a 0 0 It- Ain VS41:441 1 I 1 i At. ` .►'Qty 1;s Cr�-Lil uu o'��' o �;� 9c�co��cc�Mco EMI pM G%�� '`'fo�irrE lilli ini E►du I:M►��' Airov 13, Cl��s��D �t n>tu tvGr4�fv 1 l liiR'J ]tilt fl17� ��C�+`� tt'1' r iti gaol iNail rang r�t1i ulnn r.pen s. Enl Inly o�GCGa� : itau E h!1 Ll Isul uca Drri,N o L' IONNIMMILMiligi FIA -;1:141:.: 0r iti ED a O� EMI ma a/mI 'mu ma iJ■.t�/ aPa La tt�a!1,Ii1Ia L`arll LBIE:i RIM arm eIPOI i ra law cart�a� C' V.' 4-4 o U `r0- ./rV 1 \ Iiiir j lora rirs run eirD esra Immo 1000 Development/Developer: MI/TA Park & Ride Application: Preliminary Subdivision Case No.: 19 -PS -06-12-08 ■g CHEF! 0, .4�v, Az4.ur 1�'•.� � iDOp�O% 4,0 G��r��.•'• i ,'Cifto,: c!�+CD�/p�0�;��,��j,`�"'�;t`"git. p. 0 1000 2000 Feet City of km Community D°volopmant Daponmont 11, THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and aro not responsible far errors or omissions. Current Zoning and Comprehensive Guide Plan MVTA Land Use Map Preliminary Subdivision 19 -PS -06-12-08 City of Evan Parent base map information prooldod by Dakota County Land Survey Department Deonber 2005 Zoning Intormatlon maintained by City Stan. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. .T atl� Zoning Map v A 4 CG ILIt p = 00 oo �tv,0� w •:, Location ^`� O� �� '. LocationIt*oI. ,c), . 0 ooO�G irr.,, 0 �� Current Zoning: �° �`VC%:' R.d ;:illi ! t= i p� SQ �JirDA a c=7 ; PM", �_'��'_ ROW �'c 111 fillot1 'an eU ©iii�liRight-of-way ���1. /ARM n =� .. bio, 9• !Ill.,' It., �ll�i�CJ`���`����i :At, 14 ����. S�j4 "�Ge`�o y _ 3`�/vweir • 9y 'Q©V 3 ��L7R�.1 �> ��c0 �0��11 Flit..:,,,V14 ,a,tp- , 10 iv A ifirtai W 5, aire,,,444-„, 0470:::6-.. ,,, n�nal C7 I nl�".sa is M r. ■ gleow N » `'.� �`c .*«. 4.4.4LI i=30 Q�© 0 cm 1 � D pop h�I7�7 Fl OO Ilir- I, me gl�� ';.y Qm�47 git Ott] ��v igYS o � ip Nth: -:5.r„ 6eE stLu?� -U/ �p�c�a �►'fr o ► Goa a a00 tar rem wv meP �- t , , rsJ_.ara City of Evan Parent base map information prooldod by Dakota County Land Survey Department Deonber 2005 Zoning Intormatlon maintained by City Stan. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. .T atl� Comprehensive Guide Plan Land Use Map '� ,. ,� ..• • lo ° A, ° f 0 1 r' was - a p = 00 Location ^`� O� �� '. o0 E 0 %c . 0 ooO�G irr.,, 00 .=7) Current Land Use Designation: ` - ;:illi ! i p� SQ �JirDA C=7 � r, 4. '.r I/! r -awl - g 'F ROW Right-of-way .e /� or. , r a 1111 n =� .. bio, 9• !Ill.,' It., �ll�i�CJ`���`����i :At, 14 ����. S�j4 "�Ge`�o y _ 3`�/vweir 9y 'Q©V 3 ��L7R�.1 �> ��c0 �0��11 =1=0 '7. nn Q a A 0 0 ��,o ''`\ :�—. o n�nal C7 I nl�".sa M r. ■ gleow N "44/ D 44:14424, �t �<t ��444vP ,:�1�, ►�iir01 coo o Goo 1200 root h�I7�7 Fl OO r •• ' 7Q{ City of Evan Parent base map information prooldod by Dakota County Land Survey Department Deonber 2005 Zoning Intormatlon maintained by City Stan. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. .T atl� AERIAL 1 7 __J PRELIMINARY PLAT A01.4 *DX NW. SITE PLAN j SAFPI-ORI za • (') • Nom ex.11:11,- ELEVATION 0 O EAST ELEVATION z 0 a L.; S 0 N 0 a J X 0 ELEVATIONS 45-- z a zoo zp wQ� amw g 6: o z J a 0 0 W 1 LANDSCAPE PLAN g i� |.v $� 4 1� PLAblT SCHEDULE_ 5'naawww,.2� §i;1:2R8:,: .\!ri` ! ;!; ro:Ng2xA .,, \}e| ,Ai( ' - , Q ;!!||§2:: >. - .- ||§|E|f!!l -lf I li ,P| i§ •!`!!§_ .,,_„ -:;! < k c :g eati PRELIMINARY PLANS I h: Nr HOIVNI 1 e 1 TREE PRESERVATION PLAN 0 z 1 1 17 1 3 1 1 1 1 3 Pi a 3 3 7 PRELIMINARY EXTERIOR LIGHTING PLAN VO' S703 4sr r tr ....... - r " r ... ........... r .. . - - • " r r - ......... r r 6. ... .. . . r-•!: . . . • og,+'' • • • 11 : , , .... .. - r rcrr • r • 6 . 6. • . r r!'r r.r• • r 1 1 108v03.) • ; • :cc); 1 • ?, •r• .. : r : : ; r ; • . .. r , r ... .. r ........ r r • • 41 . . . . • . .... . : : i7"7,7—t—t""1""T'="7. •r•-•••: : • - - r r"1•• ••• r r ; ,c - • r........ : . . .... r • ' ... r 6 6 : r . • /0 LIGHTING PLAN ;';,.. : t • I: : 3' 3 •I''''' ',5 1. 1 i ''..'g f' ,.„ , .,. ,. : .2' • I,-,,-' - ; 4 • ; 's ; 6 i ,r 0. rt A. ; .A •A' , ,,-, , ....... . 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P01.30..5 NOTES . _ 0 X s• .a t• r. ss ei •• t• ke 6. t. a• •• to, •• •• •• •a •• v. ,P • • .4 • • ..4 •• • • • • a • • - - .• .• •• oa i• t; -•1;r: 1. u• hs •• a. s. 311103H3S 3dIVNINfi1 IR Kill POTENTIAL P,AF?KING STRUCTURE ELEVAT/ON F 125 STALLS LEVEL PLAN tvicx. vuu..."4; e einv 11 JANUARY 2009 NORTH ELEVATION EAST ELEVATION ELEVATIONS z 0 -3 1 0) uJ RECEIVED DEC 1 7 2008 MVTA Cedar Grove Park and Ride Minnesota Valley Transit Authority Cedar Grove Park and Ride Preliminary Subdivision and Preliminary Planned Development Narrative January 5, 2009 .January 5, 2009 TKDA Comprehensive Guide Plan Designation (Existing and Proposed) As part of the Master Plan for implementing Bus Rapid Transit (BRT) along Cedar Avenue, from the Mall of America and connections to downtown Minneapolis south to Lakeville, the Minnesota Valley Transit Authority (MVTA), in concert with Dakota County, Dakota County Regional Railroad Authority, and the Metropolitan Council, has been studying how to improve traffic congestion in this region. The original study, dated July 27, 2005, located several designated sites for transit stations along Cedar Avenue A location between Highway 13 and Diffley Road was proposed for the Eagan station stop This site does not have an existing Comprehensive Guide Plan designation. However, there has been a desire to create a Transit -Oriented Development (TOD) in this Cedar Grove District. The proposed designation is to create the transit piece for the adjacent TOD. Zoning Classification (Existing and Proposed) The site is currently MnDOT (Minnesota Department of Transportation) right-of-way, and is not yet zoned in the City of Eagan. MnDOT is transferring this portion of their property to MVTA. As part of this land transfer, the intent is to have the City of Eagan incorporate this new parcel into the Cedar Grove District (CGD), which is currently across the street and bounded by Nicols Road. Intent and Phasing This project is the first phase of the BRT development with MVTA in Eagan. The intent of this project is to incorporate the initial bus station, a park-and-ride lot, bus service, and pick-up/drop-off, short-term parking stalls. Ultimately, this location, in coordination with MnDOT, will provide a station that would accommodate center -running BRT with a skyway link to the park-and-ride. Projected parking stall counts were 123 total stalls by 2010 and 156 by 2020. The site is now proposing to provide 143 park- and-ride stalls with an additional 21 drop-off/pick-up spaces This would meet both the 2010 and the 2020 goals upon completion. The study calls for 204 parking stalls in the year 2030. This could be accommodated with two levels of parking. The maximum parking ramp height is restricted to three levels. Although not yet designed, a colored rendering of a parking ramp plan and elevation is included. A noise study presented that the removal of the existing earthen berm would increase the noise level in the adjacent residential neighborhood.. A computer simulated model projected decibel level ranges exceeding Minnesota Pollution Control Authority (MPCA) allowable limits, requiring the creation of a noise wall or a parking ramp with similar noise blocking qualities. At this point in time, the City of Eagan has granted a temporary, 5 -year deferral of the creation of a noise wall or parking ramp. MVTA's preference would be to provide additional structured parking for visibility, safety, security, aesthetics and MVTA image rather than construction of a noise wall.. A noise study following completion of this project has been recommended to confirm computer simulation data. p. 1 l3 RECEIVED JAN MVTA Cedar Grove Park and Ride January 5, 2009 TKDA The Federal Transit Administration (FTA) provided Urban Partnership Agreement (UPA) funding for the Cedar Avenue BRT with stations in Eagan, Apple Valley, and Lakeville. The FTA placed the requirement that the station would be operational on September 30, 2009. With the discovery of contaminated soil and the need for remediation to achieve a suitable site, the FTA has now granted an extension for the station to be operational December 31, 2009. As the parking stalls in the park-and-ride are for daily, rather than hourly, parking, the Eagan standard 10' x 19' stalls are being proposed as 9' wide. This will help reduce excess impervious surface. The trash and recycling enclosure is positioned behind the station, to the west of the general public area and hidden from view from the street. The design relates to the piers and wrought iron fence of the Cedar Grove District gateways across the street. As an opportunity to enhance the multimodal facility, both enclosed bike lockers and a bike rack are provided to draw additional transit riders.. It is proposed that the bike lockers be immediately behind the station, with an aisle for bike access, to prevent bike riders from having to pass the trash area to retrieve their bikes. The City of Eagan prefers the trash enclosure be immediately adjacent to the building, but due to the preference of bike riders over trash a deviation is proposed at this location. Due to the grading, the trash enclosure would be screened from view from Cedar Avenue Existing Land Use The existing site is currently undeveloped.. It serves as a spoils repository for MnDOT from the creation of Cedar Avenue / Highway 77 in the 1980s However, the site has had a varied history. Up through the 1950s there were farm houses and related outbuildings on this site. Development occurred along Nicols Road (old Cedar Avenue), and by 1964 a gas station was built on the corner of old Cedar Avenue and old Highway 13.. The gas station was torn down and both Cedar Avenue and Highway 13 were realigned to their current locations Due to the previous land uses, primarily the former gas station, petroleum -contaminated soil will be rernediated as necessary as a part of this project.. In general, the soils on the site contain greater levels of contaminants than would be appropriate for residential purposes. Former farmhouses on the site lead to the possibility of uncovering asbestos -containing material from old floor tile or pipe wrap. The largest remediation effort due to historical uses of the site will be the rubble in the earthen berm that has been found to contain chunks of concrete, asphalt, tree roots, and other debris from the demolition of old Cedar and old Highway 13.. Residual soil will be sifted and sorted to remain and be reused on-site. Phase I and Phase II environmental documents were performed by AET and Braun Intertec. No delineated wetlands were found on this site and no sources of artifacts worthy of an archeological dig were discovered. Due to the historical uses, this site has a sizable area of ground contamination which is not compatible with pervious paving, stormwater infiltration, or rainwater gardens. These generally desirable features in this situation would have the negative impact of potentially driving petroleum contamination down into the ground water and ultimately to the Minnesota River. It is the desire of this project to use site infiltration in limited application, primarily in the stormwater management pond on the north end of the site, which is both the low point of the site and the location of relatively little ground contamination. p. 2 MVTA Cedar Grove Park and Ride January 5, 2009 T1<DA Low -impact development is a mutual desire for the City of Eagan and this project. However, incorporating trees within the parking lot at this point in time would require their removal in the future. In addition, the site is drained to remove surface stonnwater rather than infiltrate due to the nature of the existing soils. The anticipated development of structured parking precludes infiltrating at this location during the interim period. In this regard, a deviation from the 10% green space zoning standard typically required as well as trees in landscaped islands in the park-and-ride is requested in this location. As requested to ease cleaning, the skimmer at the pond has been relocated and a detail sheet is included. Surrounding Land Use and Zoning The surrounding land uses within 600 feet of this site are both established residential neighborhoods and a transition to TOD incorporating a mix of retail, office, and residential. At this point in time the proforma by the developer has not provided the ultimate mix for this adjacent group of properties. There is a desire to provide a connection between the character of this transit station and the proposed adjacent TOD Currently the gateway connections to the Cedar Grove District have architectural brick piers with a pattern of dark brick in a background of lighter brick with a stone base. Compatible detailing will be incorporated in the free-standing screened enclosure. This project intends to incorporate Mankato Kasota stone, a regional material that helps reflect the nature of this site. Similarly, pavers set into a pattern will be incorporated into the pedestrian connection around the station, leading from the property across the street to the waiting area for the buses.. Additional Information Lighting selections incorporate night -sky compliant fixtures that prevent light spillage off the edge of the site as well as having a Iesser impact on light pollution. Existing prismatic lamp fixtures mounted on the piers across the street are not being replicated as they are not night sky compliant. Instead, LED light standards are proposed in the station area, and coordinated standard light poles and fixtures are proposed in the park-and-ride.. These are anticipated to be removed in 5 years for structured parking. Zero lot lines are proposed to enhance the urban feel of a TOD Crosswalk connections to the sidewalks of the adjacent TOD are proposed at both ends of the curved pedestrian path. A pedestrian crossing and sidewalk is now shown on the south side of Cedar Grove Parkway, from the existing neighborhood to this park-and-ride. Shrubs were added to soften and visually screen the parking lot. In an effort to provide low -impact development, a waiver for the irrigation requirement is proposed Native prairie mixtures and drought- and salt -resistant species are planned to reduce the need for water and the impact on Eagan's water supply, as well as reducing the potential for driving contamination down through the soil and into the water table. MVTA Facilities Manager will hire a water tanker truck as needed during landscape establishment. Eagan requires a 2 -year guarantee on plant species, and the landscape was carefully selected based on performance characteristics and beauty of'these plants. There are a number of existing trees on the site.. Many of these trees need to be removed to accommodate construction. But as all these trees have come up as volunteers since the roadway construction on Cedar Avenue, and since many of these trees are less desirable species such as Russian olive, cottonwood and box elder, required replacement of the trees will be with preferable species. As requested from the review, significant vegetation and required mitigation has been recalculated. The replacement shown is based upon significant woodlands where tree driplines overlap and individual trees where driplines do not overlap. Trees are replaced with Category B sized trees due to better p. 3 /5 s3 MVTA Cedar Grove Park and Ride January 5, 2009 TKDA availability and survival rate than Category A trees Species concems have been addressed so that proposed lilac trees, although existing in center islands along Cedar Grove Parkway, have been replaced with crabapples along the street and these have been moved slightly to avoid utilities. To enhance the definition of "Cedar Grove", clusters of cedars are placed in the center island of the busway, along with birch and red -twigged dogwood for color in winter. As a native cedar plant, arborvitae is proposed, but a more pyramidal form than the slender Techny arborvitae is now a substituted proposal. The proposed tree grate area has been enlarged for better tree survival Submission Modifications O Site Layout As this project is for public purpose and is not a residential development with homes, new streets, and other standard subdivision elements, the Site Layout requested in the Preliminary Planned Development submittal checklist does not apply. This site is not being subdivided into separate lots, and new public streets are not being provided. Development density of residential units is not applicable • Parlc Dedication This project is built for public purpose, so the dedication of parkland is not applicable. • Preliminary Development Plan As this is used to describe proposed streets, lots and blocks for a residential -type development, this submittal is not applicable. Public Benefit of the Proposed Planned Development The intent of this project is to get people out of their cars and to share the ride using mass transit. The positive impact of this is three -fold: locally/regionally, nationally, and globally.. First: by increasing mass transit (bus) ridership this project is intended to reduce the congestion on Cedar Avenue and improve commute time. This is the original purpose of the project for the FTA and Federal Highway Administration (FHWA). Busses will have the ability to use the shoulders and dedicated bus lanes to improve rider commute time over Single -Occupancy Vehicles (SOVs). They are also anticipated to incorporate new features like lane guidance and precision docking. Reducing the commute time for riders, as well as the number of vehicles, improves the local and regional commute time and traffic along this corridor. Second: by reducing the number of individuals who drive alone on their daily commutes and by taking SOVs off the road, the amount of petroleum consumption is anticipated to decrease. Third: in the current state of awareness of global climate change and the impact of human carbon emissions, the reduction in emissions from vehicle exhaust from SOVs has a global benefit In addition, the creation of this park-and-ride bus station provides the transit component for the TOD and the opportunity to create a denser, urban village, and a walkable community less reliant on the automobile. Economically, utilizing mass transit allows families to reduce their dependence on a vehicle and can reduce the amount spent on fuel, which also benefits the bottom line for the residents in Eagan. Ultimately, businesses in the proposed adjacent TOD would benefit from riders using this station to enter this neighborhood as a termination, for employment, shopping or dining, rather than solely as a source of transit to leave for other destinations.. p. 4 Agenda Information Memo September 15, 2009 Eagan City Council H. FINAL SUBDIVISION (NORTON HEIGHTS) ACTION TO BE CONSIDERED: To approve a Final Subdivision (Norton Heights) of 1.4 acres to create two single family lots for property located at 1505 Lone Oak Road. REQUIRED VOTE FOR APPROVAL: Majority of Council members present. FACTS: > The Preliminary Subdivision was approved November 6, 2008. ➢ All documents and Agreements for the Final Subdivision are anticipated to be received and in order for execution at the regular meeting of the City Council. ATTACHMENTS ( Location Map, Page Final Plat, page S7 s--. Location Map Eagan Boundary Right-of-way [ I Parcel Area I Park Area Building Footprint .. [I:3 v a G p E—a19-Erd r -. C7 L3 ° ifi '" pl Q _ {= OM.riii t CCd— o gl a r� oIll a o © o 4 Ait ij 4.0 Al — - 0 0 4' u . 1 P241 Subject Site 1.1 e FIR i •.•o o t_ I. 1r IS1143 ,3 ®Q00tg0`Q`��• / o d 1112/iti be ■;lo Alr Arti.'"SrAp"M MIL 0' AA t.•41zi V' IR • q rillCtr avagrairl o a - AIN P ►1 f vp a ° a 4 o p .Q ., o- ° q°�' _lma �. ^iii iii a ® 3 ' � t PV`�1 '44%i 4 0 LI 13 n ova oaam- ° ego :SES Lig I. ® QQ odo-p-9omwo�o�®��®wTo RaPAr4�e. _ 0. 4)(2,3,0.0.00 s 4 7-- ilk J, ®M.i 0 RI -Y017 Irsi �' °G7 ® L'7 c::::3 ,.� TAS(( --... -r ' "V ,�`1 0 ® ®� / :/ / ` (\ t - \F \�, o o Q Q^ ,-in .,:,\ N) 3 ®I it f I 1000 0 1000 2000 Feet Development/Developer: Bill Pederson Application: Preliminary Subdivision Case No.: 04 -PS -04-09-08 41I` Cityof Eaton Community Development Department THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. rr W I HEIGHTS FINAL LOT AREAS CC 0 0 0 0 0 0 K J J TOTAL PLAT P. 8 ZC'0I9 3 ..R.LZ.00 S 9610. tpagnseaw) fC•019 M ..1LLZ.00 N ( S38DV 2:130N143Z Cl9 ) S x NO 0 7 735 to 0/1 35 .1 A NI, 153M 0 0 0 W Z 0 J (D o5 N z u J3 O P Or Op - N KURTH SURVEYING. INC. 6 4 LI i— I1 4 4 , -S RECEIVED AUG 2. 8 2009 Agenda Information Memo September 15, 2009 Eagan City Council I. FINAL SUBDIVISION (RUSTEN NORVIN OAKS) ACTION TO BE CONSIDERED: To approve a Final Subdivision (Rustin Norvin Oaks) of .87 acres to create two single family lots for property located at 4870 Rusten Road. REQUIRED VOTE FOR APPROVAL: Majority of Council members present. FACTS: > The Preliminary Subdivision was approved February 3, 2009. > All documents and Agreements for the Final Subdivision are anticipated to be received and in order for execution at the regular meeting of the City Council. ATTACHMENTS (2): Location Map, page Final Plat, page s -p Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint 1, LiiiiiermormerMIMVIMV Development/Developer: Application: Case No.: Rusten Norvin Oaks Prelminary Subdivision 31 -PS -05-12-08 City of Ea Community Development Department THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. IL: L47. M. St. 1-.001s1 I 71 1 ;:7' /7-1 \ 1 v •._./ (2 1 ./1 I I C2. RECEIVED JUN 2 2 2009 Agenda Information Memo September 15, 2009 Eagan City Council Meeting J. PROJECT 972, LONE OAK/ WATERS AREA STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 972 (Lone Oak/ Waters Area — Street Improvements) and schedule a public hearing to be held on October 20, 2009. FACTS: • Project 972 provided for the street improvements of streets within the Lone Oak/ Waters Area, including Lone Oak Drive, Lone Oak Parkway, Waters Road, Northwest Parkway, and O'Neil Drive, in northeast Eagan. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 30% less than the estimate contained in the feasibility report presented at the public hearing held on December 1, 2008 due to favorable bids received. Agenda Information Memo September 15, 2009 Eagan City Council Meeting K. PROJECT 976, AVALON/ BURNSIDE AVENUES STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 976 (Avalon/ Burnside Avenues — Street Improvements) and schedule a public hearing to be held on October 20, 2009. FACTS: • Project 976 provided for the street improvements of Avalon and Burnside Avenues in north -central Eagan. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on December 16, 2008 due to favorable bids received. 6c3 Agenda Information Memo September 15, 2009 Eagan City Council Meeting L. PROJECT 977, ROBIN LANE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 977 (Robin Lane — Street Improvements) and schedule a public hearing to be held on October 20, 2009. FACTS: • Project 977 provided for the street improvements of Robin Lane, and the construction of a small portion of trail along the northern end of Robin Lane, in northwest Eagan. The street and trail improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on December 16, 2008 due to favorable bids received. 13 Agenda Information Memo September 15, 2009 Eagan City Council Meeting M. PROJECT 978, EAGANDALE/ LEMAY LAKE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 978 (Eagandale/ LeMay Lake — Street Improvements) and schedule a public hearing to be held on October 20, 2009. FACTS: • Project 978 provided for the street improvements of Eagandale Place, a high-density residential and commercial/ industrial street in north -central Eagan. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 25% less than the estimate contained in the feasibility report presented at the public hearing held on January 6, 2009 due to favorable bids received. 0 Agenda Information Memo September 15, 2009 Eagan City Council Meeting N. PROJECT 979, LEMAY LAKE/ LUNKA STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 979 (LeMay Lake/ Lunka — Street Improvements) and schedule a public hearing to be held on October 20, 2009. FACTS: • Project 979 provided for the street improvements of the streets within the LeMay Lake/ Lunka neighborhood in north -central Eagan. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 30% less than the estimate contained in the feasibility report presented at the public hearing held on January 6, 2009 due to favorable bids received. Agenda Information Memo September 15, 2009 Eagan City Council Meeting O. PROJECT 1001, OPPERMAN DRIVE STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1001 (Opperman Drive — Street Improvements) and schedule a public hearing to be held on October 20, 2009. FACTS: • Project 979 provided for the street improvements Opperman Drive, a commercial/ industrial street in east Eagan. The street improvements were completed as outlined and discussed in the feasibility report. • This project, constructed under Contract 09-01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners and address any concerns. • The final assessments are approximately 20% less than the estimate contained in the feasibility report presented at the public hearing held on January 6, 2009 due to favorable bids received. (O6 Agenda Information Memo September 15, 2009, Eagan City Council Meeting P. EXTENSION FOR RECORDING FINAL PLAT — (VALLEY VIEW PLATEAU PLAT 3) ACTION TO BE CONSIDERED: To approve a 120 -day extension of time to record the final plat for Valley View Plateau Plat 3, located at 1469 and 1467 Highview Avenue. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: > The City Council approved the final plat on July 21, 2009. ➢ The requested 120 -day extension would allow until January 19, 2010, for the plat to be recorded. > This extension request is due to difficulties in obtaining consent forms from two of the lenders of one of the property owners. Please see attached letter from the applicant's Attorney. ATTACHMENTS (2) Location Map, page (rOir/- Letter from Applicant's Attorney, page( 67 Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint \yes® 1 o`, f u ion t - 40 EMU affil \tvf�ree�i��© ©o ��a��a�o:o��o�oocoo�loG� 1000 0 1000 2000 Feet Development/Developer: Kenny Application: Waiver of Subdivision Case No.: 04 -WA -01-06-09 41111 City of Ekon Community Development Department THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. N W+E MacMillan, Wallace, Athanases & Patera, P.A. ATTORNEYS AT LAW 9220 BASS LAKE ROAD, SUITE 355 MINNEAPOLIS, MINNESOTA 55428 TELEPHONE (763) 559-9553 FACSIMILE (763) 559-1064 September 8, 2009 Julie Strid, Planning Aide City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 RE: Final Plat Valley View Plateau Plat 3 Our File No. 1299-5 Dear Ms. Strid: PETER A MACMILLAN MICHELE R WALLACE JENNIFER L ATHANASES MICHAEL J PATERA The purpose of this correspondence is to request a 120 day extension for the filing of the final plat in the above-named matter. It is my understanding that you have received our fee of $75.00 to cover the charge for the extension. Thank you. JLA:blp Enclosure cc: John and Pat Kenny Sincerely, MacMILLAN, WALLACE, ATHA ASES & PATEP.A. Jennifer L. Athanases jathanases@mwap.us 69 Agenda Memo September 15, 2009 City Council R. Approve the 2010 Portion of the 2010-2014 Parks and Recreation CIP ACTION TO BE CONSIDERED: To approve the 2010 Parks and Recreation Department CIP for park improvements. FACTS: • The Advisory Park and Recreation Commission (APrC) has prepared an updated CIP for the years 2010 — 2014. The CIP is consistent with the goals of the 20/20 Vision Plan and existing master plans. • At their meeting of August 17, 2009, the APrC recommended specific approval of the 2010 CIP projects with years 2011 — 2014 considered as preliminary and subject to change. • The CIP is funded form the Park Site Fund (PSF) which derives revenues primarily from money paid by developers in lieu of a land dedication at the time of platting. • Use of the PSF is statutorily limited to capital improvements related specifically to the development or improvement of park sites and related amenities. It cannot be used for maintenance activities. • The unaudited, projected January 2010 balance of the PSF is estimated to be approximately $1,623,000. 2010 CIP Projects: 1. Central Park Service Building: Construction of a Service Building on the festival grounds/ellipse to include: Toilets/Shelter space/Storage (Start const fall 09) Est Cost = $275,000 2. Trapp Farm Park: Playground Installation and upgrade to include: Playground structure, seating and picnic area Est Cost = 65,000 3. City Wide: Park Signage system, Phase IV installation of new park entrance signage Est Cost = 28,000 4. City Wide: Small Projects Funding for opportunities, necessities, grant and partnerships Est Cost = 30,000 Est 2010 Total = $395,000 Acquisition 1. Annual Acquisition Opportunities funding set aside ($650,000) (Not currently defined, expenditure only after additional Council review) Attachments: 2010-2014 capital improvement projects detailed on pages'7/ to7., 76 4 E-4 cip W U a, 0 N 013 0 0 b • -A cri w o ti V) • • • 0 v cs U 00 N 0 4-4 0 an 0 0 M kkA try 0 0 d 1 pca r w • cd w d 0 0r 0,0 0 0 0 O CP Gek ? a d 0 , O • • 0 kin0 11 11 O 0 O O 0 O 0 6 0 of) try N 0 0 0 t'- 1 0 0C4 00 ‘1111 14N'-� c▪ G▪ e CIZ w �' r u' L z O O 0 a N 0 d O 0 t p 0 0 N 0 rn 0 d 0 tri Agenda Memo September 15, 2009 City Council S. Approve a Contract for Architectural and Engineering Services for a Service Building in Central Park. ACTION TO BE CONSIDERED: Approve a contract for architectural and civil engineering services with JAL Architects LTD for services related to the design and construction of a service building in Central Park and authorize the Director of Parks and Recreation to sign the appropriate documents. FACTS: • The construction of a service building in Central Park was recommended by the APrC and approved by the City Council as part of the 2010 Parks and Recreation CIP. • The service building will provide restrooms and picnic space for daily use as well as special events and also storage for equipment and supplies used for on-site events. • JAL Architects have successfully provided architectural and design services for several Eagan park buildings and are familiar with the desired design "pallet" as well as local codes and requirements. • The contractual not to exceed cost for the architectural and civil engineering services of JAL for the project is $25,000. This includes meetings, construction inspections, punch list and final walk-through. • The total project cost of $275,000, which includes the aforementioned services, is funded from the Park Site Fund. • Ground breaking for the building is planned for fall 2009 with completion by summer 2010. 7z/ Agenda Information Memo September 15, 2009, Eagan City Council Meeting T. PUBLIC WORKS COMMITTEE RECOMMENDATIONS ACTION TO BE CONSIDERED: Accept and authorize the recommendations of the Public Works Committee from the Sept. 8 Committee meeting. FACTS: • As directed by the City Council, the Public Works Committee met on Sept. 8 to review two items and subsequently are forwarding their recommendations to the City Council for formal consideration and approval. • With regard to the recommendation made for a solar panel feasibility study, a question was raised as to whether the study could be funded through the Energy Efficiency and Conservation Block Grant Program, for which the City of Eagan anticipates receiving $657,000, • Based on the published grant eligibility guidelines, solar technologies are eligible for grant funding, and customarily, consultant fees related to installation are also permitted uses of grant funds. ATTACHMENTS: • Public Works Committee informational packet (without attachments), pages % 412 through c: • Public Works Committee meeting notes, with recommendations, page .3 . S PUBLIC WORKS COMMITTEE September 8, 2009 II. TREE TRIMMING CLAIM AND RIGHT OF WAY ACQUISITION ISSUE: As a result of a $50,000 claim for trespass and damages filed against the City by the property owner of 3120 Pilot Knob Rd. (Gordon Huisentruit) for trimming 9 pine trees adjacent to Quarry Lane, the City's insurance company (LMCIT) investigated and subsequently denied the claim. But the LMCIT also recommended that the City consider acquisition of sufficient right of way to mitigate potential future claims. The City Council referred the matter to the Public Works Committee. At the June 2 Public Works Committee meeting, the Cmte directed the Public Works Director to forward a letter prepared by the City Attorney offering to provide replacement landscape screening as a conciliatory gesture in exchange for a Release. Should the City continue with the offer, and if so, what should be offered for a replacement screen based on quotes solicited by staff considering no further feedback from the property owner? It is suggested that any costs incurred be financed out of the City's Self Insurance Retention Fund. BACKGROUND: • On February 12, 2009, a City Public Works Street Maintenance crew trimmed 9 pine trees along the south property line of 3120 Pilot Knob Rd (adjacent to Quarry lane) to eliminate a sight obstruction of the west bound Stop Sign at the corner of Quarry lane and Pilot Knob Rd. These trees are located approximately 7 feet behind the Quarry Lane curb line and were believed to be located within a typical 13 foot boulevard (i.e. public right of way) and the City's responsibility. • Immediately following that maintenance activity, the property owner informed the City that the public ROW extends only 1 foot behind the curb and that the trees are in located on private property. They subsequently filed a claim for $50,000 for Treble damages and trespassing. • The claim was submitted to the City's insurance company (LMCIT) for adjustment. On April 22, they denied the claim based on City Ordinance 7.08 - Regulation of Grass, Weeds, Trees and Landscaping. • In response to the Public Works Cmte directive, cost estimates were acquired by staff to provide replacement screening. The average of the two quotes received was $7,306. Staff then solicited a quote to have a 6' tall 100' long fence installed in lieu of the proposed landscape screen. The fence quote was $2,700. • Due to staff workloads and summer vacation schedules, the offer letter was never sent to the property owner. Staff has not received any communications from the property owner to date regarding their reaction to the LMCIT denial of their claim. June 4, 2009 Gordon A. Huisentruit 3120 Pilot Knob Road Eagan, MN 55121 RE: Tree Trimming Claim Our File No. 206-29028 Dear Mr. Huisentruit: As you are aware, the League of Minnesota Cities Insurance Trust has denied your tree trimming claim. Although the City's insurer has denied the claim, the City regrets that City Employees may have gone beyond the dedicated right-of-way when conducting its tree trimming activities. In an effort to alleviate any screening concerns, I have asked the City's Forester to provide a recommendation and cost estimate for screening. Based on his review he believes that additional screening of plantings such as would cost an estimated $ . If you are interested in pursuing the additional landscaping, the City would provide payment to you in the amount of $ in exchange for a Release. Alternatively, if you desire that the City pursue acquisition of the trees within the right-of-way, the City would then be responsible for future maintenance of the trees within its right-of-way. Please contact me at your earliest convenience with your desired preference. I look forward to hearing from you soon. Very truly yours, Thomas A. Colbert Director of Public Works cluo- \fl ‘,1 6.8.09 TREE SPECIALISTS 71« GRE-ThRP GRE-WooD PRODUCTS URBAN ECOLOGY - KUNDE CONSULTANTS Trunerrix A Sopa Esumusiam Rif 405 Hardman Avenue, South St. Paul, MN 55075 Stella Collier Tree Inspector City of Eagan Maintenance Facility 3501 Coachman Point Eagan, MN 55122 Misc Work Price includes 6o day warranty on bedding plant material and all trees planted will have a one year warranty at time of planting. I have included landscape fabric separate from the bid. Estimate for landscape installation for city of Eagan Estimated total area = 800 sq. ft. (8) — Aurea Compacta Hemlock - Tsuga canadensis `Aurea Compacta' - #10 containers (8) — Compact American - Viburnum trilobum `Bailey Compact' - #7 containers (12) — Spirea Vanhoutte Renaissance - Spiraea vanhouttei `Renaissance' - #5 containers (4) — Miss Kim Tree - Syringa patula 'Miss Kim' - #10 containers (6) — Butterfly Bush Honeysuckle - Diervilla sessilifolia `Butterfly' - #5 containers 10 yards shredded hardwood mulch delivered and installed Install Boo sq. ft. of 3.5oz commercial poly spun polyester gray fabric = $155.00 Total cost for planting work = $7277.T7 Sincerely, Louie Sylvester President Main Office • 6511451-8907 • Fax 851/451-1787.405 Hardman Avenue • South St Paul, MN 55075 • wwwsstree.com • infoasstree.com ,rr.Iya Yuma= Yw)Y.iir � �9 PUBLIC WORKS COMMITTEE September 8, 2009 III. SOLAR PANEL FEASIBILITY STUDY ISSUE: Members of the City Council have expressed an interest in having staff investigate the potential merits and opportunities of integrating solar and wind power generation into the City's energy needs. BACKGROUND: • At the June 2, 2009 Public Works -Committee meeting, staff shared with the Committee preliminary information they had learned about the possibilities of installing photovoltaic solar panels on the roofs of larger municipal structures (i.e. reservoirs, Community Center, Central Maintenance Facility, Civic Arena, etc) • The Committee expressed an interest in learning more about the potential benefits of such an alternative energy source and directed staff to solicit additional information. • SEH Inc, one of the City's designated pool consulting engineering firms, has provided a proposal to do a Feasibility Report to investigate the various types and sizes available and provide recommendations for system size, brand and type at each preferred location, determine the range of power output, and potential uses of captured energy. They will also investigate funding and grant opportunities and payback analysis for each system considered. The Consultant will be available to answer questions associated with this proposal. • The estimated cost of this proposal is $15,500. Currently, there is no dedicated source of funding in any City budget for this research and development type of work. ACTION FOR CONSIDERATION: • Provide direction in regards to pursuing further investigation of alternative energy sources and possible funding options. ATTACHMENTS: 1. SEH's Proposal, enclosed on pages /0 through SEH August 14, 2009 Thomas A. Colbert, PE Director Department of Public Works City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Colbert: RE: Municipal Solar PV Feasibility Study City of Eagan, Minnesota SEH No. EAGAN 108718 Thank you for the opportunity to meet with you and present this proposal to the City of Eagan for a Municipal Solar Photovoltaic (PV) Feasibility Study. It is our understanding that the City is considering a number of strategic steps to improve Eagan's Tong -term environmental sustainability_ Given the engineering, environmental, socioeconomic, and political complexities of this transition, SEH believes a focused feasibility study will be a great step forward for the City of Eagan. The purpose of this study is to determine the initial feasibility of installing solar photovoltaic panels at selected municipally -controlled facilities throughout Eagan. Upon completing this study, the City Council will be able to determine whether this source provides a viable option for alternative power generation and is an appropriate use of funds. The City could then implement the progressive installation of these panels at the prioritized locations as monies became available. As a starting point for the City of Eagan to develop and apply renewable energy sources, we will begin by looking at photovoltaic solar power generation using rooftop installations. To provide you with decision-making information, we are proposing the following tasks: Task l: Option Analysis SEH will identify and select potential technical options for renewable energy generation by means of solar photovoltaic panels placed on municipal facilities. To accomplish this, we will conduct an inventory of City -owned facilities to determine preferred solar PV sites. We anticipate that this study may include large-scale generation on City water tanks or large roofs, as well as small solar and battery storage installations for park buildings with low electrical usage. Task 2: Regulatory Review SEH will research and develop a summary list of necessary permitting and compliance requirements and incentives for individual system installation. We will prioritize available sites, with special consideration given to water storage facilities, to determine a preferred implementation order as installation funds become available. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive. St Paul. MN 55110-5196 SEH is an equal opportunity employer i www.sehinc.com1 651 490.2000 1 800.325.2055 1 651 A90. 2150 fax Thomas A. Colbert, PE August 14, 2009 Page 3 George Johnson is an SEH scientist and permitting expert with a background in power and transmission projects. George has a thorough knowledge of the permitting requirements and processes for energy projects. His previous employers include the Minnesota Department of Commerce and the Public Utilities Commission. Ron Seymour is an Economic Development Specialists who is based in our St. Paul office. Ron is available to assist in locating additional sources of funding for the project. Fee Estimate The estimated total cost to perforrri the tasks described above is $15,500.00. We propose three meetings with City staff during the study timeline and this work can be completed within three months of receiving notice -to -proceed. Should the City proceed with project development, future steps will include negotiations of Power Purchase Agreements, structural evaluations, final design for the solar panel installation and electric interconnection equipment, and construction. No environmental review is anticipated. Terms and conditions of this project will be in accordance with the existing Master Services Agreement between the City and SEH. If you are in agreement with the services and fee described above, please sign below and forward a copy to us for our files. If you have any questions, or need additional information, please do not hesitate to call me at 651.490.2160 or Scott Sannes at 218.279.3027. We appreciate the opportunity to respond and look forward to working with you on this project Sincerely, SHORT ELLIOTT HENDRICI{SON INC. 5c c V c5; iv e -S Dan Zienty Scott Sannes, PE Project Manager Principal -in -Charge Accepted this day of , 2009 City of Eagan, Minnesota By Title PUBLIC WORKS COMMITTEE MTG TUESDAY, SEPTEMBER 8, 2009 Location: EAGAN CITY HALL CONFERENCE ROOMS 2 A/B MEETING NOTES The Public Works Committee of the City Council consisting of Councilmembers Cyndee Fields and Paul Bakken convened the meeting at 8:40 pm following the Council Workshop. Also in attendance were City Administrator Tom Hedges, Public Works Director Tom Colbert, Supt. of Utilities Wayne Schwanz and Supt. of Streets/Eqpt Tom Struve. Committee member Bakken called the meeting to order and, noting that there were no additional items to discuss, adopted a revised agenda reversing the order of the two agenda items. III. SOLAR PANEL FEASIBILITY STUDY Director Colbert introduced representatives from the consulting engineering firm of SEH, Inc who submitted a proposal to prepare a Feasibility Report for $15,500 to evaluate the potential opportunities for photovoltaic solar panel installations on various city facilities (i.e. water reservoirs, treatment plants, maintenance building, fire stations, etc). The consultant commented that there is a typical payback period of 7-12 years on this type of system with a 25 year life expectancy. They also noted several different possible grant/rebate funding sources that will be identified in the report, one of which is the Energy Efficiency & Renewable Energy (EE&RE) Block Grant recently awarded to Eagan in the amount of $657,100. Committee member Bakken asked why only solar was proposed for investigation as compared to geothermal, wind, etc. SEH responded that while they are all viable renewable energy systems, the proposal for solar evaluation only was in response to the City's initial inquiry. Public Works Committee Recommendation. Authorize the preparation of a Municipal Solar Feasibility Study by SEH per their proposal and direct staff to fund the cost out of the EE&RE Block Grant, or other source if more appropriate. II. HUISENTRUIT TREE TRIMMING CLAIM Director Colbert updated the Committee on the City's interest in acquiring additional right of way from the Huisentruits. He shared the results of various quotes to install a substantial landscape screen ($7,300) or fence ($2,700) in exchange for a release and conveyance as directed by the Committee at their last Cmte meeting on June 2. It was noted that staff has not heard from the property owners since the League of Minnesota Cities Insurance Trust (LMCIT) officially denied their claim last April. After discussing the circumstances of the current property owners and their long held interest in this land, it was deemed more prudent to wait until the property owners elect to appeal the LMCIT denial. If/when that happens, staff should offer the landscape screening option, subject to formal Council approval. Public Works Committee Recommendation. In response to any future appeal to the City's insurance denial for damages from trespass tree trimming, staff should offer to provide substantial landscape screening, or the cash equivalent, in exchange for a release and transfer of property, subject to Council approval. The meeting adjourned at 9:10 pm. Notes prepared by Tom Colbert. E'3 Agenda Information Memo September 15, 2009 Eagan City Council Meeting U. CONTRACT 09-06B, WETLAND BANK - PLANTING WANDERING WALK PARK ACTION TO BE CONSIDERED: Award Contract 09-06B (Wandering Walk Park — Wetland Bank Planting) to Applied Ecological Services, Inc., for the base bid amount of $19,714.86 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09-06B provides for the invasive plant species removal and wetland plant establishment for the proposed wetland bank site in Wandering Walk Park. This work would be completed in conjunction with the grading and storm sewer construction associated with Contract 09-06. • On April 7, 2009 the City Council accepted the wetland bank application and authorized a 30 - day public comment period before it made a decision whether or not to create a wetland bank site in Wandering Walk Park. • On July 7, the City Council approved the wetland bank application and authorized preparation of plans and specifications upon accepting the Findings of Fact issued by an interagency wetland technical evaluation panel. The Findings of Fact, required by state law, included recommendations to the City on the project. • All of the easements needed for the construction of these improvements have been acquired. • At 12:00 p.m. on September 9, formal bids were received for this project. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Applied Ecological Services has been reviewed by the Engineering Division and is in order for favorable Council action. • The low bid was about 33% higher than the engineer's estimate. The difference was a result of strict requirements on invasive species control required by the state for wetland banks being added to the contract specifications after the estimate was prepared. The appropriateness of the individual item prices has been verified by the City's consulting engineer. ATTACHMENTS: • Bid Summary, page �� �4 BID SUMMARY - CITY CONTRACT 09-06B WANDERING WALK PARK, WETLAND BANK - PLANTING Bid Date/ Time: 12:00 p.m., Wednesday, September 9, 2009 Contractors Total Base Bid 1. Applied Ecological Services Inc. $ 19,714.86 2. Minnesota Native Landscapes, Inc. $ 20,513.00 3. Prairie Restorations, Inc. $ 53,703.00 Low Base Bid Engineer's Estimate Over Eng Estimate $ 19,714.86 $14,800 33% G:Projects.&Contracts/09-06B/Bid Summary Results 9-9-09 Agenda Information Memo September 15, 2009 Eagan City Council Meeting PUBLIC HEARINGS A. LOTS 20 & 21, BLOCK 1 CHATTERTON PONDS TRAIL EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public trail easements on Lots 20 & 21, Block 1 Chatterton Ponds and authorize the Mayor and City Clerk to execute all related documents. FACTS: • In conjunction with trail overlay work 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. • The City Council received the request for vacation on August 18, 2009 with a public hearing scheduled for September 15, 2009. • All necessary replacement trail easements have been dedicated. • Notices for the public hearing were published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the scheduled public hearing. No objections to the proposed vacation have been received. ATTACHMENTS: • Legal Description, gra • Location Map, page , page& 7 . -471314 ?3. /7 ) 16 GROSS=34991 S.E c 0 18366 S. E ti / POND= 9795 S.E a `0 NET=25196 25196 S.F • 7 iet f,1 ' , ` • A /,.-'. • • 101"?4 s Grp p�Rc G 4 • • 23 1 QRO35 = 1 ?643 S.E POND= 590 $.E L, NET= 1701 3 S.F 9 15 /f t '.5 • 4.40'55"32 +b: r-. 41 t 17 19604 S.F. N 86.53130"E —I 9 19 15662 S.F S 8r38'21"E ••. \ ?. 110.09 itis 100 GROSS "26427 S.F POND" 4654 S.F.' NET °2 1773 S.F. •1•• • �P v. I i ,9 c,. 21 Such perpetual trailway easement to be 10.00 feet wide, the centerline being described as follows: 4, Beginning at the northeast comer 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 06 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 having 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. ire 110.04 : AM'ia'1i•t • PROPOSE) CENTER LINE OF 10 FT. WIDE' PATHWAY EASfMENr 45 :a r = 43534 S.F • 16 267 S.F. ■ 27263 S.F. 8 i 0 0 P1 7 LONE OAK ROAD r. YANKEE DOODLE RD. CITY HALL HALL DEERWOOD DR. Vacation Location DIFFLEY ROAD DIFFLEY ROAD G:\Project & Contract Information \0957—Blackhawk Oaks Add,\Feasibility Report \Location Plan 9-10-2009 City of Egli Engineering Department Trail Easement Vacation - Location Map Lots §, Chatterton Ponds Agenda Memo September 15, 2009 Eagan City Council Meeting NEW BUSINESS: A. Certification of the preliminary 2010 budget and property tax levy, and setting of public meeting dates on which the budget and levy will be discussed. ACTIONS TO BE CONSIDERED: • To approve the preliminary payable 2010 property tax levy as follows: General Revenue levy $ 26,266,882 Community Center bonds debt service 1,198,103 Cedarvale Special Services District 3,000 Total levy $ 27,467,985 • To approve the preliminary 2010 General Fund expenditure budget, including contingency, of $27,677,400. • To set the date for the public hearing of the 2010 levy and budget as December 1 and the date for the final adoption of the 2010 levy and budget as December 15. • To make the following announcement: o "The next regularly scheduled meeting at which the levy and budget will be discussed is the City Council meeting of Tuesday, December 1 at 6:30 p.m., right here in the Council Chambers. The meeting at which the final levy and budget will be determined is the City Council meeting of Tuesday, December 15 at 6:30 p.m., again here in the Council Chambers. The public will be allowed to speak at these meetings." FACTS: • The City Council is required by law to certify the proposed payable 2010 budget and property tax levy on or before September 15. The levy can be subsequently decreased, but not increased. • Under the 2009 changes to the Truth -in -Taxation (TnT) laws, by September 15, the City Council is required to announce the date and time of the next regularly scheduled meeting(s) at which the budget and levy will be discussed, and the date and time of the meeting at which the budget and levy will be adopted. The law also requires the Council to announce that the public will be allowed to speak at these meetings. • The City Council reviewed the proposed budget and levy at a special meeting on August 11 and received a brief update at the September 8 special meeting. • The proposed budget represents an increase of 1.99% over the amended 2009 budget, and a decrease of .2% from the original 2009 budget. • The proposed levy represents a 6.0% increase over the 2009 levy, and includes $1,289,046 levied for 2008 and 2009 Market Value Homestead Credit (MVHC) unallotted by the State. If the MVHC levy were excluded, the total levy increase would be 1.0%. �9 Agenda Memo September 15, 2009 Eagan City Council Meeting • One budget increase of note has occurred since August 11: the Dakota Communications Center (DCC) annual contribution is increased by $97,900. Instead of subsidizing the annual operating costs over three years with the fund balance rebate that has been identified for the member cities, the DCC Board has voted to rebate the full fund balance amount up front, thus increasing the annual operating costs from the original DCC budget proposal. In the City's 2010 budget, both the revenues (DCC fund balance rebate) and expenditures (DCC annual contribution— operations) are increased by $97,900, so the budget remains balanced. • Other minor changes have been made, with the offset to the contingency account. Thus, these changes do not affect the expenditure budget totals. • Both the budget and levy will be reviewed, with public input received, at the December 1 meeting. Final adoption will be at the December 15 meeting, with public input received at that meeting as well. (The TnT laws no longer require cities to hold budget hearings on different dates than the County and school district, so it is not necessary to reschedule the December City Council meetings as in the past.) • A citizen informational meeting to present budget information and to answer questions will be held in October. • The County will use this preliminary certification information in preparing TnT notices to be mailed in November. • The County has again advised the City of the option to include a very basic insert with the TnT notices. Due to the inherent limitations, the City historically has not prepared an insert and none is contemplated for this year unless otherwise directed by the City Council. ATTACHMENTS: • The preliminary 2010 General Fund expenditures budget summary is enclosed on page Qo ch F2 L a) 04 O 0 -0 cv c E Li E • d V)CD is C L d c E Q y O Q U Difference 10 vs. Adj 09 Difference 10 vs Orig. 09 a N 3 0 13 0 •c,8 O O N O O O O O O O O O O O O) h M M O O Il) CO I(j • (V N co M M 1V O N a - N O 0 0 0 0 0 0 0 0 O- C) 0 0 0 0 0 0 0 0 0 0 • N M 0 O Tr T' t` co co. co • 1: n O) )f) Oa V V e- I: O N O M O N E Q 69 O O Tr - CD O) 00000000000 O) r 4 co O) O Q1 V 0 4 e- O N N o In O M 0 O 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 c N M O) O V Nt In 0 O) at O 1- O V .- N O) O O) co co co E a d 0) m O) O M 0) O a Efl O 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 e- N O eft e- O O N O O O co' N m h O In O) O) N GO 0) 0) e- O 0) 0 O at "t N e- et M e- M 0) 0) N e- CD O O O O 0 O O O O CD N O 00 CD O O O W 0 Tr 00 v- GO CO N O UD W CDst N e- T- 0:1 O O 0 O O O P N t0 O N 10 1� ao O O O ID Q) e- M e O O W Nt n (0 O O N M M N 0 0 1- ,- c=.3 -- O M O O O O O • Ci • (1)) O co � e- a O) r- O) O • GO O O O O coco 4 co, O O O O O O O N 01 M O 1. ID N N O O O v V CO N O 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 N O) N h N I.- V M O N O) aI h 0 N- M 10 1. O O .0 Tt co O ID 0.... OCD O V «) O N N O O O) et N CO y- a - O O O M P N to 1- z co D co W •a) w c • Oifn O U re— L c (O 8 W •U U 0 1n C C O O • .O F ai T 0 0 0 U N l- e e U m o ,, ami ami J ea v1 m 5 a) 0 0 o o fe • m- C o 0 0 0 0 0 Z2Q EULLJ0002C9 W N C) In CO h 00 O) O 0 0 0 0 0 0 0 0 0 0 PUBLIC SAFETY 4� O O V N O O N a- a- eft N CD O O O `t N O co In IA .N. 000 O) CO NE ccco M O (OD tft 0) Csl I O O O 03 CD O O N O) CO O 0r- 0 0 CD Nt O M e - CD CD • O) O O O e- v- O O O o y-00 1'- M O el CD N 0.- O O O O O O O O O O O `a' 0 N I11 O M N 00) G O O N N of T O O N O O O N f0 O N O 0 0 0 � N M N O O) O f 9 O O c0 co O r - r O) O e Co' O Co' O 0 0 CO 00 N GO O 10 14) 0 0 0 0 0 0 CO CO N OO) O a e - N O O O O O O n co (0 N N 4 v O O 0 C3 CD N N M ✓ O O ul CD O) 0 NI - O O O O O 1` O) co O O 0) O> O N e O 00 O O n e- m Tr 1- Z Z 0 _ 2 8 4 o '�9 t9 Lu W .c I a1 WC 00) 0 m 0 1 '2o ca YEtai`a Zm' iti co a ) c") CD Ue c') O O CO CO Co' C6 m O 1- N 0 0 0 0 O N O h O a- O 0- N $ 27,677,400 $ 27,137,200 0 0 ID o ▪ M GOO O 1- N m 0 3 41 Contingency --undesignated $ 27,729,200 General Fund Total Agenda Information Memo September 15, 2009, Eagan City Council Meeting B. PRELIMINARY SUBDIVISION (EAGAN FIRE STATION NO. 2 PLAT 1) — CITY OF EAGAN ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Preliminary Subdivision to separate approximately six acres from a 75 -acre parcel to create a four -acre parcel and associated right-of- way dedication for property located at the southwest corner of Yankee Doodle Road and Wescott Woodlands, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The applicant is requesting approval to separate approximately 6 acres from a 75 -acre parcel, creating a 4 -acre lot and associated right-of-way dedication. ➢ Lot 1 is proposed to be four acres and the anticipated use is as a fire station. ➢ Right-of-way dedication includes 75' for Yankee Doodle Road, 30' for Wescott Woodland, and 60' for a new public street south of proposed Lot 1. ➢ The balance of the parent parcel will remain unplatted. ➢ Access to the site is currently provided from Wescott Woodlands. The Preliminary PD established in 2008 identified the need for an EAW. The City agreed to manage the processing of the EAW as part of its negotiations to acquire the subject site. Preparation of the EAW is currently under way. ➢ The existing Preliminary PD pertaining to the entire 120 -acre former golf course identifies the area of Lot 1 for multiple -family residential use. ➢ Prior to development of Lot 1, a PD Amendment and corresponding Comprehensive Guide Plan Amendment will need to be completed to reflect the change in use. ➢ The Advisory Planning Commission held a Public Hearing on August 25, 2009 and is recommending approval. ISSUES: • None 120 DAY AGENCY ACTION DEADLINE: November 18, 2009 ATTACHMENTS (4); Location map on page Draft August 25, 200 A C minutes on age Staff report on pages through Dakota County Plat Commission review letter, page10. Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint p4❑ p7Oi0POO'❑ O� H94b /d/// * '/ o) 1000 0 1000 2000 Feet Development/Developer: City of Eagan Application: Preliminary Subdivision Case No.: 14 -PS -02-07-09 4111 City of Ealau Community Development Department THIS MAP IS INTENDED F REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. l Advisory Planning Commission August 25, 2009 Page 9 of 10 E. Eagan Fire Station No. 2 Plat 1 Applicant Name: City of Eagan Location: SW corner of Yankee Doodle and Wescott Woodlands Application: Preliminary Subdivision A Preliminary Subdivision of approximately 120 acres to create 4 lots. File Number: 14 -PS -02-07-09 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated August 18, 2009. She noted the background and history. Claus Newman, 3450 Wescott Woodlands, stated he welcomes the addition to the fire station. He inquired about the extension of the existing dead end of Wescott Woodlands to Wescott Hills Drive to the south and if Duckwood Drive would be connected to Westcott Woodlands. He stated that the existing streets in the neighborhood to the south have no sidewalks and were not designed for the level of traffic that would occur if the streets are connected, and there would be large uproar from the residents if that connection is made. Dwight Binge, 3544 Westcott Woodlands, stated concern that the street would be extended and the southern neighborhood would suffer with the increase in traffic. He also asked what type of traffic controls would be installed at Yankee Doodle Road. Kevin Downs, 3470 Wescott Woodlands, inquired about the type of fire station that is proposed. He stated concern for the traffic control if the roadway was extended. There being no further public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. City Planner Ridley stated specific development related issues of the parcel will be discussed at a Public Hearing a later time, but that the item before the APC is only the subdivision application. He also stated that part of the Wensmann Preliminary Planned Development approval did call for the extension of Duckwood Drive to Wescott Woodlands; however, there is no plan to make a southern connection of Wescott Woodlands to Wescott Hills Drive. He explained that the scope of development for the site is in flux and will be informed by a number of factors; however, at a minimum, development of a standard fire station to replace Fire Station #2 at 2980 Lone Oak Circle is planned. Member Keeley moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision to separate approximately six acres from a 75 -acre parcel to create a four -acre parcel and associated right-of-way dedication located at the southwest corner of Yankee Doodle Road and Wescott Woodlands in the NWY4 of Section 14, subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, C1, C3, G1, H1, and 11. 2. The property shall be platted. 3. Pedestrian access shall be provided to the existing trail system along Yankee Doodle Road. 4. The Preliminary Planned Development shall be amended prior to development of Lot 1. A vote was taken. All voted in favor. Motion carried: 7-0. 4�F PLANNING REPORT CITY OF EAGAN REPORT DATE: August 18, 2009 APPLICANT: City of Eagan PROPERTY OWNER: Rahn Family Limited Partnership REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: SW corner Yankee Doodle Rd. and Wescott Woodlands COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development CASE: 14 -PS -02-07-09 HEARING DATE: August 25, 2009 APPLICATION DATE: July 21, 2009 SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to separate approximately six acres from a 75 -acre parcel to create a four -acre parcel and associated right-of-way dedication located at the southwest corner of Yankee Doodle Road and Wescott Woodlands in the NW 1/4 of Section 14. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. Planning Report — Eagan Fire Station No. 2 August 25, 2009 Page 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The 75 -acre parent property is part of the former Carriage Hills Golf Course. The golf course closed to operations in 2005, and the property has remained vacant since that time. In 2008, the City approved a Comprehensive Guide Plan Amendment and Preliminary Planned Development plan for residential development on the entire 120 -acre golf course site. The northern approximately 1/3 of the property, was designated for high density residential use. In the Preliminary PD plan, the area at the SW corner of Yankee Doodle Road and Wescott Woodlands was shown as two 30 -unit apartment buildings. Planning Report — Eagan Fire Station No. 2 August 25, 2009 Page 3 On July 7, 2009, the City Council approved the purchase of this site for relocation of Fire Station No. 2, which is currently located north of Lone Oak Road at Lone Oak Circle. Subsequently, City acquisition of approximately four acres was negotiated with the owner, Rahn Family Limited Partnership, LLC. In order to create a platted lot for development of the new fire station, a subdivision is necessary. The approximately 70 -acre balance of the site will remain unplatted at this time. EXISTING CONDITIONS The site consists of approximately 75 acres located in the NW 1/4 of Section 14. The site is generally open with wooded areas, scattered wetlands, and rolling topography. The site was previously cleared for golf course use, however, the golf course was closed to operations in 2005. A right-of-way easement for Yankee Doodle Road covers the northern 50' feet of the subject property. Access to the site is currently provided from the east off Wescott Woodlands. Adjacent property contains residential developments to the west and east. To the north across Yankee Doodle Road is Faithful Shepherd School, zoned BP, Business Park. To the south is additional land that was part of the former golf course. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The anticipated use for Lot 1 is inconsistent with the existing Preliminary Planned Development which identifies the site for multiple -family residential use. However, a fire station and associated public safety facility appears to be compatible with existing and anticipated future development in the surrounding area. Prior to development of Lot 1, both a Comprehensive Guide Plan Amendment and an amendment to the Preliminary PD Agreement will need to be completed to reflect this public use. Environmental Assessment Worksheet — The Preliminary PD established in 2008 identified that the proposed level of development triggered the need for a mandatory Environmental Assessment Worksheet (EAW) to be completed prior to any grading or development of the Property. Part of R� Existing Use Zoning Land Use Designation North Faithful Shepherd school BP, Business Park BP, Business Park East Dakota Electric Substation PF, Public Facilities QP, Quasi -Public South Vacant (former golf course) PD, Planned Development MD/LD, Medium and Low Density residential West Condominiums R-4, Residential Multiple HD, High Density residential EVALUATION OF REQUEST Compatibility with Surrounding Area — The anticipated use for Lot 1 is inconsistent with the existing Preliminary Planned Development which identifies the site for multiple -family residential use. However, a fire station and associated public safety facility appears to be compatible with existing and anticipated future development in the surrounding area. Prior to development of Lot 1, both a Comprehensive Guide Plan Amendment and an amendment to the Preliminary PD Agreement will need to be completed to reflect this public use. Environmental Assessment Worksheet — The Preliminary PD established in 2008 identified that the proposed level of development triggered the need for a mandatory Environmental Assessment Worksheet (EAW) to be completed prior to any grading or development of the Property. Part of R� Planning Report — Eagan Fire Station No. 2 August 25, 2009 Page 4 the negotiation with the property owner to acquire the subject site was the City of Eagan agreeing to manage the processing of the EAW.As a result, the preparation of the EAW is under way. Airport Noise Considerations — Lot 1 is located in the Buffer Zone of Zone 4. The anticipated use as a fire station is considered compatible within this zone. Lots — Lot 1 consists of four acres at the southwest corner of Yankee Doodle Road and Wescott Woodlands. Associated right-of-way for Yankee Doodle Road, Wescott Woodlands, and a new public street south of Lot 1 also will be dedicated. The total area of dedicated right-of-way is 1.83 acres. Wetlands/Water Quality — The 75 -acre parent parcel contains some wetland areas. There are no wetlands in the area of proposed Lot 1. Tree Preservation — There are some existing trees and wooded areas on the proposed 4 -acre parcel. Development of the parcel will be subject to tree preservation standards in the City Zoning Ordinance. A Tree Inventory and Preservation Plan must be prepared and compliance with ordinance requirements will be determined prior to commencement of any tree removal or grading activity. Grading/ Topography — Proposed Lot 1 site is lightly wooded and has varying topography that generally slopes to the south and west. Utilities — City sanitary sewer and water lines are available for connection by this development along Yankee Doodle Road and Wescott Woodlands. Storm Drainage — This site lies mainly within the subwatershed of Pond DP -9 within the former Carriage Hills golf course. Development of this site will provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards. Access — Access to this site will be provided via a new public street along its southern edge that will intersect with Wescott Woodlands to the east. Street access for typical vehicles will not be available to Yankee Doodle Road (County Road 28), but emergency vehicle only access to Yankee Doodle Road is being considered by the Dakota County Transportation Department. Easements/Rights of Way/ Permits — This subdivision will dedicate 75' of right-of-way for Yankee Doodle Road and 60' of right-of-way for a new public street along the southern edge of Lot 1. The street is yet to be named. Setbacks — The anticipated use for Lot 1 is as a fire station. As such, the PF, Public Facilities zoning district is the comparable standard. The PF district requires a minimum structure setback from all property lines of one foot for each foot of building height. In any event, the PF district provides that structure setbacks shall be not less than 30 feet, and not more than 50 feet. As a 4f Planning Report — Eagan Fire Station No. 2 August 25, 2009 Page 5 major thoroughfare, a minimum setback of 50' is required from the Yankee Doodle Road right- of-way. Parks and Recreation — This development is responsible for park and trail dedications. The Preliminary PD Agreement speaks to park and trail dedication for the entire 120 -acre former golf course. The Agreement calls for 30 acres of open space to be provided in satisfaction of park dedication; trail dedication is to be provided by a combination of on-site trails, trail connections to the off-site trail system, and/or cash payment. SUMMARY/CONCLUSION In summary, the applicant is seeking approval of a Preliminary Subdivision to separate approximately six acres from a 75 -acre parcel to create a four -acre parcel and associated right-of- way dedication located at the southwest corner of Yankee Doodle Road and Wescott Woodlands. The anticipated use of the four -acre Lot 1 is as a fire station. The public safety use appears compatible with anticipated and future development in the surrounding area. However, the existing Preliminary Planned Development Agreement pertaining to the entire 120 -acre former golf course identifies the area of Lot 1 for multiple -family residential use. Prior to development of Lot 1, a PD Amendment and corresponding Comprehensive Guide Plan Amendment will need to be completed to reflect the change in use. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to separate approximately six acres from a 75 -acre parcel to create a four -acre parcel and associated right-of-way dedication located at the southwest corner of Yankee Doodle Road and Wescott Woodlands in the NW 1/4 of Section 14. If approved, the following conditions should apply. 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: Al, Bl, B3, CI, C3, Gl, Hl, and I1. 2. The property shall be platted. 3. Pedestrian access shall be provided to the existing trail system along Yankee Doodle Road. 4. The Preliminary Planned Development shall be amended prior to development of Lot 1. tici STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights-of-way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a permanent cul-de-sac, or temporary cul-de-sac to be removed upon further extension (on stub streets), constructed in accordance with City [a) engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights-of-way as required by the alignment of the cul-de-sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council. H. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. 101 I. Wetlands Protection and Management 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and/or Buffer Zone. K. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission City Council Approved: August 25, 1987 September 15, 1987 Revised: July 10, 1990 Ioa Revised: February 2, 1993 Revised: July 7, 2009 CJ Location Map Eagan Boundary Right-of-way Parcel Area Park Area Building Footprint 1000 0 Development/Developer: City of Eagan Application: Preliminary Subdivision Case No.: 14 -PS -02-07-09 4IPCity ofCap Community Development Department %c 1000 THIS MAP IS INTENDb FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and are not responsible for errors or omissions. 1 2000 Feet N W � E NORTH YANKEE DOODLE RD. __ f\f‘E.`44 BLUE JAY WAY DUCKWOOD DR. 11111111111111 HUMMINGBIRD LANE iIiluE r- • FUTURE FIRE SAFETY CAMPUS )-) COLUMBIA DRIVE L PROPOSED PUBLIC STREET DUCKWOOD DRIVE STREET EXTENSION (i) o z .c. 4.1. -J CI WILD ROSE COURT 0 0 w r_fj cx) City of Evil Engineering Department Fire Safety Campus Duckwood Drive Street & Utility Improvements 5-19-09 RECEIVED JUL 1 5 2009 0 LL SCALE: 1"=100' 1- CL J LJ._ m IJ Qa Z17: ILijQ CL CL NORTH 0 0 c0 o 0 f 0 10 YANKEE DOODLE RD. FUTURE ROW DEDICATION (w/ PLAT) S 1\4 CORNER OF SECTION 11 0 co N 00°29' 59" W S 89°37' 50" E 478.7' / 4.0 Acres N 89°37' 50" W 478.7' 0 CO S 00°29' 59" E FUTURE ROW DEDICATION (w/ PLAT) 30' WESCOTT WOODLANDS 01t0- Q\o 0 00°29'59"E , 75.0' 30' S89°37'50"E 30.0' EXISTING HIGH POINT ON WESCOTT WOODLANDS City of WI Engineering Department Proposed Fire Station Legal Description Map /64, 4-24-09 LI SNOIIIaNOO ONIISIX3 /M ldld 'WI1]Eld 14,91 z• .ii ?iSf I3E3 6u E ierwaiii, „crmeza'1:,v�7 ilWiViirlialikil •i___.....,____...,.,, g���.� 'L/ 1111 11�/ 1II \. jllj �. ���� — i III < II I ? .--,-----•— 1LN :>L! / 4111 1 kff° / kf 0.:;11i/. '4<i.>1 1-1. .,--,,..\:.1:7/://1.(i)// `/' ./ �I I II f: ( I II I �f 1 ;�' •/i p F i .0 \ _ it. <•/I� WI l,i�il1j11.: t::{..�.,.',i q,a ,� + ;!\iL°s,. ;E w� \�vs//{l.i 11 llll l� llll. lll� 1 ; . ��R. �' , N. ! „•---- J, Ai\\ \ t 0000 oceoec0000000voo ooccecoeee is —� .t\ \; ' % ? ssi:. F, _ Z I\`\\�t- \\\\\ \ / !• lams �I • 4/// ' � \�\O\��\N�y f\�. f�{, ff \\\�\\\�\\\\\\� \ � '•i kf� /111111 f �\\\\-^3•• SII ! �I1Ik IE t i \:,:):\\'\.:‘\\:\i/1,1\--\\:\.',\,\\\1::::111,,\. \\�\\ \�`�� \ 1 \II \: ����\ \\\i lltk Ilii --^'1 11\1 •\\\11 ��l Illle/ /F / lti \1 \ \ = \ 111 11 I I II I 1 I V 1 (///111` ;))/6-,;.1.01 \I1\\I\Iji\l�� I\I \:1 I Imo\ !titil\'l\ \ -�I I j Ifl//irif^\\,\\\\\tt`1\\\1\\\\l\ \f\\ \ / /R� I ` k rt.. -I (; \; \ 111.61 [f11 /!//%s �,!\\\ \,\A 11\hl\ G • , \obi\ 1 . - t .� 31�I I i ��M/! �� `k/s\\\ \ �Ililf i # #{1>1 l#��tl/i/ �,--�'��3\�� w,»titi��'�i� I� 1111 ��i ?I IP lilt lil Y i A t \\�\\l'\*\ ��1k \�\i "' \\. 1 `07 T "1 Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue suite # 335 • Apple Valley, MN 55124 952-891-7087 • Fax 952-891-7127 • www.dakotacounty.us September 4, 2009 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: EAGAN FIRE STATION NO 2 PLAT 1 The Dakota County Plat Commission met on August 31, 2009, to consider the preliminary plan of the above referenced plat. The plat is adjacent to CR 28, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The plan is to develop a fire station at the corner of CSAH 28 and Wescott Woodlands. The traffic engineer from Dakota County has met with city staff regarding the emergency vehicle access to CSAH 28, which does not meet the access spacing guidelines. The access shown on the current plan should be moved to the west property boundary. Transportation staff will conduct a field visit to ensure the access is acceptable and not in the influence area of the signal. This access to CSAH 28 is for emergency access out only_ The parking lot area on the west should be reconfigured to not access CSAH 28. Restricted access should be _shown along all of CSAH 28. A temporary permit will be needed for the emergency access to CSAH 28. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process that reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Gordon McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, �T Todd B. Tollefson Secretary, Plat Commission Agenda Memo Eagan City Council Meeting September 15, 2009 New Business C. SOUTHEAST EAGAN REDEVELOPMENT DISTRICT — CONSIDER RESOLUTION TO DISCONTINUE TIF DISTRICT ACTION TO BE CONSIDERED: To approve (or deny) a resolution for the discontinuation of the Southeast Eagan TIF District. FACTS (New Information in Bold): • The City authorized the creation of the Southeast Eagan Renewal and Renovation District on May 16, 2006 to provide a funding mechanism to assist with the extraordinary costs associated with the assembly and redevelopment of properties in the area of Red Pine Lane and Biscayne Avenue. • The boundaries of the district are defined by lot lines created by the Revestors' Red Pine Crossing subdivision. That being the case, Dakota County cannot certify the TIF District until the subdivision is recorded. Since 2006, Revestors has requested a number of extensions for finalizing and recording the plat to create the subdivision, while they pursued the anchor tenant for the development. • While neither the City Code nor Minnesota Statutes has a timeline beyond which the actions terminate, City staff has advised the developer of the need to take these steps in a timely manner in consideration of research and findings by Ehlers and Associates and the City's bond counsel regarding the potential effect of a substantial delay between the approval of a TIF district and its certification. Their findings are outlined in the staff letter of December 18, 2007, which is attached. • In order to address the concerns outlined, the EDA has set deadlines for completion of this process beginning on February 1, 2008. Since that time, extensions have been granted on several occasions in consideration of Revestors making step -wise progress toward the Final Subdivision. The matter appeared to be resolved with the Council approval of the Final Subdivision of the Red Pine Crossing project on February 17, 2009. Following that action, a number of delays by the developer and his consultants caused the plat to not be delivered to the County until late June. • Unfortunately, because the developer owes both delinquent and current taxes on the property, the County cannot record the plat to create the subdivision and, as a consequence, the County still cannot accept the City's request for certification of the TIF district. The developer indicates that he is in the process of pursuing payment of the taxes with his investors, but payment has not been made at the time of packet preparation. No change has been reported to staff in this regard. • At this time, nearly 31/2 years have passed since the approval of the district and 1'/2 years since the February 1, 2008 deadline. For the reasons outlined in the staff 116 letter, it was in order for the EDA to consider whether the City should discontinue the district. Since the district has never been certified, it may be discontinued by a resolution of the City Council. At its meeting of September 1, 2009, the EDA directed the preparation of a resolution to discontinue the district for consideration by the City Council. • To date, the only contractual relationship between the City and the developer has been a Preliminary Development Agreement dated August 1, 2005 and having a one year term, which called on the parties to work together to consider alternatives for the redevelopment of the area between Hwy 3, Red Pine Lane, Biscayne Avenue and the former Gun Club Road. • The agreement contemplated the possible negotiation of a Redevelopment Agreement that would have defined specific obligations on the part of the developer and the City, but it did not create any obligation on the part of the City to provide financial or other assistance in the absence of such an agreement. No Redevelopment Agreement has been negotiated or agreed to by the parties. • If the district is discontinued, no increment would be captured for use in offsetting the costs anticipated when the district was originally approved and the developer would be obligated to absorb any costs for assembly and demolition that might otherwise have been eligible for reimbursement. • The discontinuation of the TIF district does not prohibit the developer from proceeding with the development of Red Pine Crossing through private financing sources. ATTACHMENTS: • Location map on pagesfj cid • Draft resolution on pages 113 through _ • Staff letter to developer on pages/ /5 throug__ • Preliminary Development Agreement on pages through / 81 Southeast Redevelopment Area and TIF District No. 1 -City of Eagan, Dako County, State of Minnesota 11a 0 250 Feet 500 t l Redevelopment Area TIF Area EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on Tuesday, September 15, 2009, at 6:30 p.m. The following members were present: Mike Maguire, Paul Bakken, Gary Hansen, Cyndee Fields, Meg Tilley ; and the following were absent: none. * * * Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING DISCONTINUATION OF SOUTHEAST EAGAN RENEWAL AND RENOVATION DISTRICT WHEREAS, the City authorized the creation of the Southeast Eagan Renewal and Renovation District on May 16, 2006 to provide a funding mechanism to assist with the extraordinary costs associated with the assembly and redevelopment of properties in the area of Red Pine Lane and Biscayne Avenue; and WHEREAS, the boundaries of the district are defined by certain lot lines created by a developer in the proposed Red Pine Crossing subdivision; and WHEREAS, the developer has requested a number of extensions for finalizing recording the subdivision, which extensions have been previously granted by the City; and WHEREAS, the Red Pine Crossing subdivision cannot be recorded due to delinquent and current taxes on the property and the County cannot accept the City's request for certification of the Southeast Eagan Renewal and Renovation District; and WHEREAS, since three and one-half years have passed since the approval of the district, it is in the best interest of the City to discontinue the Southeast Eagan Renewal and Renovation District. NOW, THEREFORE, BE IT RESOLVED that the City Staff and City Attorney are hereby instructed to take the necessary steps to discontinue the Southeast Eagan Renewal and Renovation District. 113 ADOPTED this 15th day of September 2009. Mike Maguire ATTEST: Maria Petersen, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Mike Maguire, Paul Bakken, Gary Hansen, Cyndee Fields, Meg Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. City of Eaaall Mike Maguire MAYOR Paul Bakken Peggy Carlson Cyndee Fields Meg Tilley COUNCIL MEMBERS Thomas Hedges CITY ADMINISTRATOR MUNICIPAL CENTER Pilot Knob Road Eagan, MN 55122-1810 651.675.5000 phone 651.675.5012 fax 651.454.8535 TDD MAINTENANCE FACILITY 3501 Coachman Point Eagan, MN 55122 651.675.5300 phone 651.675.5360 fax 651.454.8535 TDD www.cityofeagan.com E LONE OAK TREE The symbol of strength and growth in our community. December 18, 2007 Mr. Tim Anderson Revestors Realty 3000 County Road 42 West, Ste. 300 Burnsville, MN 55337 Dear Tim: The City of Eagan is excited about the potential Red Pine Crossings redevelopment in the Southeast Eagan Tax Increment Financing District. In particular, I appreciate your update concerning you negotiations with a grocery anchor and I look forward to hearing more about that, when it is at a point at which you can share more information. That having been said, I wanted to write to confirm our conversation about concerns the City has about the timing of the development and the City's ability to have the TIF District certified. As you are aware, the City adopted the TIF District on June 6, 2006. The.request to the County for certification of the District is dated October 19, 2006. The County has not and cannot complete the request because final parcel numbers are not available. The certification of the District remains incomplete because parcel numbers are not available. Currently the TIF Law does not have a maximum length of time from when the District is adopted to when the certification of a TIF District is complete. However, in recent discussions with the representatives from the Office of the State Auditor (OSA), districts have been scrutinized when the request for certification is delayed for nearly two years after the adoption of the District. In addition, the Tax Bill proposed last year included language that would impose a 60 day maximum to complete the request for certification. The OSA expects that language will again be introduced in the 2008 Legislative Session. At this time we do not know the specific proposed language or the proposed effective date if adopted. The City desires to preserve its ability to consider providing tax increment assistance for the proposed Red Pine Crossings project and other projects within the District. If at a future date the OSA determines that the District is not in compliance with Minnesota Statutes, the City could be forced to terminate the District; therefore, eliminating its ability to consider assistance. IIs To complete the certification, the City needs the final parcel numbers for the District. In order to provide this to the County, Revestors needs to complete the platting process. The City would like to have this process completed by February 1, 2008, so the request for certification can be completed. If the platting process is not completed by that date, the City Council will need to consider taking action to terminate the District. Please provide a timeline for moving forward with the platting process; negotiation and execution of a development agreement and ultimate development of the site. If you have questions or would like to schedule a meeting to further discuss this matter, please contact me at 651-675-5653. Sincerel 114Ps.' n Hohenstein Community Development Director Cc: Tom Hedges, City Administrator Gene Van Overbeke, Director of Administrative Services Mike Ridley, City Planner Robert Bauer, City Attorney Rebecca Kurtz, Ehlers and Associates PRELIMINARY REDEVELOPMENT AGREEMENT THIS PRELIMINARY REDEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of the is—day ofOS+ , 2005, by and between EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation, and the CITY OF EAGAN, a Minnesota municipal corporation (collectively referred to as the "City"), and COMMERCIAL PROPERTY DEVELOPMENT CORPORATION, a Minnesota corporation, and REVESTORS REALTY, LLC, a Minnesota limited liability company (collectively referred to as the "Redevelopers"). The City and Redevelopers shall hereinafter be referred to as the "Parties." WHEREAS, Redevelopers own a portion of the property located in the Southeast Eagan area bounded by Highway 3, Red Pine Lane, Biscayne Avenue and Gun Club Road (the "Redevelopment Property") as generally depicted on Exhibit "A;" and WHEREAS, Redevelopers have approached the City to determine whether it is beneficial to the Parties to designate the Redevelopment Property as a "redevelopment district;" and WHEREAS, the City is willing to consider such a designation, provided that the Redevelopers submit an escrow deposit to cover all costs to review the proposal. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: BASIC TERMS AND CONDITIONS The following is a list of the terms and conditions under which the City will analyze Redevelopers request to designate the Redevelopment Property as a redevelopment district, including the responsibility and roles of the respective participants regarding the proposed redevelopment of the Redevelopment Property. 1. REDEVELOPMENT PROPERTY. The properties proposed to be redeveloped are the properties depicted in Exhibit "A" and more fully described in the legal descriptions attached hereto as Exhibit "B" ("the Site"). The exact dimensions and square footage of the Site shall be determined by survey. The Parties agree that the Site may be enlarged to include other lands at the mutual agreement of the Parties. 2. UNDERTAKING AND EXCLUSIVE RIGHTS. In consideration of the time, effort and expenses to be incurred by the City in pursuing the undertakings set forth herein and in further consideration of the amount of $20,000.00 paid by Redeveloper to the City (the "Deposit), the receipt of which is hereby acknowledged, the City hereby agrees that for the term of this Agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in 1)7 connection with any proposed development within the Site; and (ii) condemn or agree to proceed with the condemnation of any property within the Site to assist or facilitate development within such area by a third party. During such period the Redeveloper shall have the exclusive right to make a specific proposal and negotiate the terms of a Redevelopment Agreement for the Redevelopment Property. Said exclusive rights shall continue, unless earlier terminated as provided herein, for a period of twelve (12) months from the date hereof, or until such later date as the Parties may mutually agree. Such determination shall be made at the sole discretion of the City and shall not be subject to challenge by the Redeveloper. The City has no obligation hereunder to enter into any Redevelopment Agreement in any form and the Redeveloper acknowledges that the City has not made any commitments in that regard. 3. THE PROJECT. The Project will consist of the redevelopment of the Site and may include residential, mixed use and retail. Building use and design may be limited in order to accommodate traffic impact within the Site. Building design will be consistent with designed standards adopted by the City as may be modified from time to time. 4. ANALYSIS FOR PUBLIC ASSISTANCE. Although the City is not presently making any commitment whatsoever to provide a specific type, level or amount of public assistance that may be available for the Site. However, upon submission of the Deposit referred to in paragraph 2 above, the City will work with the Redevelopers to determine if public assistance is available to the Project. The City intends to retain the services of Faegre & Benson LLP, Ehlers & Associates, Inc. and Severson, Sheldon, Dougherty & Molenda, P.A. (collectively referred to as the "Consultants") upon the execution of this Agreement. Consultants are being retained to assist with legal matters pertaining to the Project. Ehlers & Associates, Inc. is being retained to assist the City in the technical matters such as project management, financial feasibility, potential district creation, certification and sizing, tax increment calculations, "but -for" analysis, and other factors pertaining to any claim for economic assistance. The City will reimbursement itself from the Deposit for all costs and expenses incurred by the City in connection with all costs incurred by the Consultants. 5. Examples of public assistance that may be available in connection with the redevelopment include the following: a. Site Assembly. The City will consider acquisition of portions of the Site based upon terms and conditions acceptable to the City which terms and conditions will be contained in the Redevelopment Agreement. Acquisition may be through negotiated purchase, or condemnation or a combination. Acquisition by the City shall be considered only after the Redevelopers have demonstrated good faith efforts to purchase the property, and these efforts have been unsuccessful. -2410 b. Tax Increment Financing. The City will consider in good faith establishing a tax increment financing district to support the Project; and agrees to give due consideration to any such request. Without in any way binding the City to any particular type, form or amount of TIF subsidy, the City acknowledges that, in prior discussions between the parties. c. Grants. The City will, upon request of the Redevelopers, consider in good faith applying for any and all available grants, including, but not limited to, livable communities grants, DTED environmental remediation grants, community development block grants, and any other grants as may be available to pursue the redevelopment of the site. 6. TERMINATION. This Agreement may be terminated prior to its expiration by the City as to all or a portion of the Redevelopment Property upon the giving of written notice to the Redevelopers that the Redevelopers are not diligently pursuing the redevelopment of the portions of the Redevelopment Property. The Redevelopers shall have a reasonable time, but in no event less than 30 days to affect a cure of such default, or to demonstrate that it is diligently pursuing such cure. The City may also terminate this agreement for the failure of the Redeveloper to make any payment due in accordance with Paragraph 4 above. 7. LEGISLATIVE JUDGMENT. The Redevelopers understand that many of the actions which may be necessary for the Project and may be contemplated by a Redevelopment Agreement involves matters of the discretion by the City Council of the City, and in some instances, its legislative judgment. Such actions may only be made following established procedures, and the City cannot and does not agree, in advance, to any specific decision in such matters. 8. NOTICES. All communications shall be directed to the Redevelopers at: Commercial Property Development Corporation 1915 Plaza Drive Eagan, MN 55122 And Revestors Realty, LLC 18170 Jannevar Court Lakeville, MN 55044 All communications shall be directed to the City at: Eagan Economic Development Authority Attn: Thomas L. Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 55122-1810 -3- 119 And City of Eagan City Hall Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122-1810 1N TESTIMONY WHEREOF, the Parties hereto have set their hands as of the date and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: By: Pat Geagan Its: ' -• ent Thomas L. Hedges Its: Executive Director CITY OF EAGAN, a Minnesota municipal corporation By: By: Pat Geagan Its: Mayor axio,c)Atot,_ Maria Petersen Its: Clerk COMMERCIAL PROPERTY DEVELOPMENT CORPORATION, a Minnesota corporation By: c,. -rW C;(3 Its: REVSETORS REALTY, LLC, a Minnesota limited liability company By: Its: STATE OF MINNESOTA )ss. COUNTY OF DAKOTA i!k The foregoing was acknowledged before me this 1 S/ day of , 2004, by Pat Geagan and Thomas L. Hedges, the President and Executive Dire or of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. JULIE 44 STRID NOTARY PUBLIC MINNESOTA My Commission Expires Jan 31 2010 STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) Notary blic SI'.The foregoing was acknowledged before me this I day of , 2004, by Pat Geagan and Maria Petersen, the Mayor and Clerk of the City of Ea an, a Minnesota municipal corporation, on behalf of the municipal corporation. STRID NOTAP' MINNESOTA My Commission Expires Jan 31.2010 STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) Notary public The foregoing was acknowledged before me this 2i day of --J-lAktil , 2005, by i2)(11,61._ Maraaap o'a , the (k\\ek C% -le WM 04- O W l o of Commercial Property Development Corporation, a Minnesota corporation, on behalf of the corporation. 41iTlj 1 MARCIA R. GRUTZA NOTARY PUBLIC • MINNESOTA l ! My Commission Expires Jan. 31, 2010 S -5- I CI\ STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this or% day of .31Al-( , 2005, by DOKS UJ . P fli p.�f5c( , the PCeden.,- of Ikevestors Realty, LLC,ainnesota limited liability company, on behalf of the Limited liability company. II Not THIS INSTRUMENT WAS DRAFTED BY: • Public 4�' U MARCIA R. GRUTZA yBLIC • an,MCommission EckesJ3112010 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-4768) -6- lop) W U D a N 3SV3 illfl 8'NI II0 ‘<Q 3AV 3NAVOSIB