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07/03/2012 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JULY 3, 2012 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE P. 2) II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) P' A. APPROVE MINUTES \ B. PERSONNEL ITEMS C. APPROVE Check Registers 6 — D. APPROVE a Resolution to accept a donation from State Farm Agents for Fire fighter helmets and authorize the necessary budget adjustment E. APPROVE an Amended resolution adopting and implementing the performance benchmarks developed by the Council on Local Results and Innovation P . ;,P F. APPROVE a JPA with the Minnesota BCA to provide the City's prosecuting attorney access to the Minnesota Criminal Justice Data Communications Network (CJDN) G. APPROVE Change Order No. 1, Contract 12 -10 - Citywide Storm Sewer Improvements P, a� H. APPROVE amendment to dark fiber license agreement between the City of Eagan and the Minnesota Valley Transit Authority (MVTA). P 3y I. EXTENSION of completion dates for Interim Use Permit - 915 Yankee Doodle Road (Hoovestol) , SCI J. AUTHORIZE Submittal of Comments to Minnesota Housing Finance Agency regarding the Dakota County Community Development Agency's proposed River Ridge Family Townhomes at 3206 Sibley Memorial Highway K. APPROVE Encroachment and Maintenance Agreement for Lot 2, Block 1, Eagan Pointe P)Al L. APPROVE On -Sale Liquor and Sunday License for Lone Oak Grill, LLC, DBA Lone Oak Grill, 3010 Eagandale Place M. APPROVE Premise Permit for Metro Baseball League to conduct lawful gambling at Lone Oak Grill, 3010 Eagandale Place N. APPROVE Resolution to temporarily extend the licensed premise of Bonfire Restaurant Co, LLC, DBA Axel's Bonfire located at 1555 Cliff Road Nil O. APPROVE a Temporary Construction Easement over a portion of Captain Dodd Park to accommodate contractor access for an adjacent development and authorize the Mayor and City Clerk to sign the appropriate documents V. PUBLIC HEARINGS VI. OLD BUSINESS A. ORDINANCE AMENDMENT —An Ordinance Amendment to Chapter 5 Regarding Hours of Off - Sale Liquor Sales VII. NEW BUSINESS A. CONDITIONAL USE PERMIT — Suburban Landscape Service — A Conditional Use Permit to allow outdoor storage of salt/sand, pallets and related landscape equipment and materials located at 3486 Dodd Road VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. '1l ECONOMIC DEVELOPMENT AUTHORITY ` qa, A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA q 1. APPROVE EDA Minutes 2. SCHEDULE Public Hearing on July 17, 2012 to Consider a Purchase Agreement between the Paragon Outlets and the EDA for Property in the Cedar Grove Redevelopment District D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Professional Services Proposal from Braun for Next Phase of Environmental Remediation Activities at Cedar Grove Redevelopment District F. OTHER BUSINESS G. ADJOURN 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 the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 4 City of Evan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 29, 2012 SUBJECT: AGENDA INFORMATION FOR JULY 3, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the July 3, 2012 City Council agenda, the following items are in order for consideration. rei Agenda Information Memo July 3, 2012 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 June 12, 2012 Special City Council meeting as presented or modified. To approve the minutes of the June 19, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of June 12, 2012 Special City Council meeting are enclosed on pages through (9 . • Minutes of June 19, 2012 Regular City Council meeting are enclosed on pages through � (0 . u MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, JUNE 12, 2012 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Councilmember Tilley was absent. City Staff present: City Administrator Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke and City Clerk Scipioni. I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. HOURS OF OPERATION FOR OFF -SALE LIQUOR ESTABLISHMENTS City Administrator Hedges introduced the item noting at the April 17, 2012 Listening Session, the City Council directed staff to place a review of the permitted hours of operation for off -sale liquor stores on a Special City Council agenda. Under current City regulations, liquor stores may be open from 8 a.m. to 8 p.m. Monday through Thursday and 8 a.m. to 10 p.m. Friday and Saturday. Per State Statute, the latest a city may allow liquor stores to be open is 10 p.m. Hedges noted that per Council direction, staff communicated with all Eagan off -sale liquor establishment s'owners to survey them regarding their desire for the opportunity to have extended hours. It was noted that all of the off -sale establishments were also invited to attend the Special City Council meeting on June 12, 2012. Mayor Maguire asked if anyone in the audience would like to comment. Steven Butler, an Eagan resident, addressed the Council with his concerns about extending hours for off -sale establishments. Staff responded to Mr. Butler's questions. There being no further comment, Mayor Maguire turned discussion back to the Council. There was City Council consensus to direct the preparation of an ordinance amendment to extend the permitted hours of operation for off -sale liquor establishments. The Council requested that the amendment be included on a future City Council agenda under Old Business. VI. OTHER BUSINESS City Administrator Hedges summarized the proposed schedule for the 2012 Summer Council Workshops. There was Council consensus that there will be no workshop in July. Hedges reminded the Council that the August meeting was moved to Wednesday, August 15 due to the Primary Elections on Tuesday, August 14, 2012. Special City Council Minutes June 12, 2012 Page 2 VIII. ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn at 6:11 p.m. Aye:4 Nay:O Date Mayor Clerk I MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 19, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen. Councilmember Tilley arrived at 6:10 p.m. There were no visitors who wished to be heard. At 6:10 p.m., the City Council held a closed session to review and discuss emergency safety procedures. The closed session concluded at 6:28 p.m. A regular meeting of the Eagan City Council was held on Tuesday, June 19, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Sergeant Fineran, Communications Director Garrison, Director of Parks and Recreation Johnson, Chief Financial Officer Pepper, and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Mayor Maguire recognized City staff for doing a great job on responding to residents regarding the damage from last night's storm. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minute of the May 22, 2012 Special City Council meeting and June 5, 2012 the Regular City Council meeting as presented or modified. B. PERSONNEL ITEMS 1. It was recommended to approve termination of Desiree Kramer, Fire Department Administrative Assistant 2. It was recommended to approve hiring of Ashley Swenson, Fire Department. Administrative Assistant 3. It was recommended to approve the hiring of Seasonal Employees C. It was recommended to approve Check Registers dated June 1, June 8 and June 15, 2012 D. It was recommended to approve a resolution adopting and implementing the performance benchmarks developed by the Council on Local Results and Innovation E. It was recommended to approve the Amended Lease Agreement for JBL Companies for 3795 Pilot Knob Road Property F. It was recommended to approve an Extension of recording Final Plat — Eagan Car Club G. It was recommended to approve the Trail Maintenance Agreement with Dakota County H. It was recommended to receive a Petition to Vacate Public Service Road Easement, Lot 2, Block 1 Cedar Industrial Park, and Schedule a Public Hearing for July 17, 2012 I City Council Meeting Minutes June 19, 2012 2 page I. It was recommended to award Contract 12 -09, City -Wide Parking Lot Improvements J. It was recommended to receive a Petition to Vacate Public Drainage & Utility Easement, Lot 2, Block 1 Northwood Business Park 3 d Addition, and Schedule a Public Hearing for July 17, 2012 K. It was recommended to approve Election Judges for the August 14, 2012 Primary Election L. It was recommended to approve a Resolution authorizing the City Clerk to appoint Deputy City Clerks for the purpose of election administration M. It was recommended to approve Absentee Ballot Board Judges for the August 14, 2012 Primary Election N. It was recommended to approve Off -Sale Liquor License for Javinos Wines, Inc. DBA Javinos Wines, 3926 Cedar Grove Parkway 0. It was recommended to approve a Conduit Lease Agreement with Windstream Subject to Final Revision by the City Attorney's Office P. It was recommended to cancel the July 10, 2012 Special City Council Meeting Q. It was recommended to authorize a Submittal of a Minnesota Business Development Capital Projects Grant Program Application — Pilot Knob Road, Yankee Doodle Road to Central Parkway /Northwood Parkway R. It was recommended to approve the Final Planned Development for Northwood Townhomes 2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT City Administrator Hedges noted the 2011 Comprehensive Annual Financial Report (CAFR) for the year end December 31, 2011 has been completed by independent auditors. Matt Mayer of Kern, DeWenter, Viere, Ltd. gave a presentation summarizing the finders of the Auditor's Management Letter and 2011 CAFR. Councilmember Fields moved, Councilmember Hansen seconded a motion to receive and accept the 2011 Comprehensive Annual Financial Report. Aye: 5 Nay: 0 PUBLIC HEARINGS There were no items for discussion. OLD BUSINESS There were no items for discussion. NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - PARKVIEW GOLF COURSE / HUNTER EMERSON Mayor Maguire introduced the item and provided an overview of the procedures and expectations for dialogue between the Council, developers, audience members and staff. Administrator Hedges noted the action to be considered is to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Guide Plan Amendment from Private Recreation to Low Density, upon approximately 80 acres located to 1310 and 1290 Cliff Road. Hedges added that at least four votes from City Council are required for approval. Hedges noted that a public hearing was held by the City Council Meeting Minutes June 19, 2012 3 page Advisory Planning Commission on May 22, 2012, and the APC did recommend denial on a 5 -1 vote. City Planner Ridley gave a staff report. City Attorney Dougherty addressed questions surrounding the application by Hunter Emerson, LLC and Parkview Golf Associates, LLC to change the land use designation. Rob Zakheim, representing the property owners of Parkview Golf Club, provided some context and the history of Parkview Golf Club along with a PowerPoint presentation. Developer Kurt Manley and additional associates gave a summary of the history of the project and features of the proposed development. Michael Abee, of Paradigm Golf Group, gave a presentation on the history and current state of the golf course industry and noted the saturation of the golf market in the Twin Cities. Mayor Maguire opened the meeting for public comment. The following Eagan residents addressed the Council with questions and /or concerns about the change in the Comprehensive Land Use Guide Plan: Pat Campbell, 4716 Pebble Beach Way, Mark Skweres, 4616 Fairway Hills Drive, Carmel Nadav, 1441 Rocky Lane, Bill Cutter, 4680 Fairway Hills Drive, Ed Erickson, 1520 Thomas Lake Point Road, Mike Bernstein, 1361 Grace Drive, Steve Retzlaff, 4647 Parkridge Drive, Mark Wanous, 2268 Wall Street, Lynn Romberg, 4688 Fairway Hills Drive, Jeff Baillif, 4623 Parkridge Drive, Reyne Bra ndschaud- Linsk,1260 Dunberry Lane and Amy Cutter. Keith Hittner, 4705 Hittner Pointe, spoke in favor of the proposed amendment. Mayor Maguire asked staff to respond to all questions and concerns presented by the residents. City Administrator Hedges and City staff responded to all of the questions raised by residents during the public testimony. The Council discussed the feedback from residents and raised additional questions of staff. Mayor Maguire and councilmembers noted the fundamental disparity of expecting a private property owner to solely carry the burden for providing a benefit to the public and the uncertainty from a "if not this, what ?" standpoint. The Council also discussed the process and that any proposed development on the site would need to come back for separate public consideration and scrutiny. Councilmember Hansen moved, Councilmember Fields seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Land Use Guide Plan Amendment from Private Recreation to Low Density, upon approximately 80 acres located to 1310 and 1290 Cliff Road. Aye: 5 Nay: 0 LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA There were no items at this time. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes June 19, 2012 4 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 12:27 a.m. Aye: 5 Nay: 0 Date Mayor Clerk I(D Agenda Information Memo July 3, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Finance Department Reorganization ACTION TO BE CONSIDERED: To approve a Finance Department Reorganization. FACTS: • For the past several years the City has been organized with an Administrative Services Department consisting of the divisions of Finance, Human Resources, Information Technology and City Clerk. • The department director has been the Director of Administrative Services who has reported to the City Administrator. In December of 2011 a Phased Retirement Agreement with the Director of Administrative Services was approved by the City Council which resulted in the following: o The Director of Administrative Services became a.5 part-time employee and the position title was changed to Assistant City Administrator. o The Director of Administrative Services /Assistant City Administrator will separate from the City on or about December 31, 2012. o Responsibility for Human Resources, Infonmation Technologies and City Clerk was transitioned to Assistant City Administrator Miller. o Assistant City Administrator VanOverbeke's responsibility has been to act as a resource for those division operations while maintaining responsibility for Finance. o Regarding the Finance division, various potential transitions have been studied by the City Administrator and Assistant City Administrator and they are recommending the following: • The Assistant City Administrator position is eliminated at the termination of the Phased Retirement Agreement. • An Accountant I position in Finance is eliminated (vacant through retirement). The current Assistant City Administrator and CFO position responsibilities are rolled into two newly created positions. • A Director of Finance position reporting to the City Administrator is created. • An Assistant Director of Finance position is created. • In late 2011 and during 2012 the City Council has approved various position reclassifications and modifications in Administration and Administrative Services. This Finance Department reorganization completes implementation of the succession planning related to the separation from the City of Mr. VanOverbeke. • Adequate funds are available in the 2012 Budget to allow for this transition. Item 2. ACTION TO BE CONSIDERED: Authorize hiring of Executive Search Finn, Brimeyer Fursman to assist with the recruitment and screening of Finance Director candidates. FACTS: The current Director of Administrative Services has amounced his retirement. Through the City's restructuring, the position will be reclassified to Finance Director, and an executive recruiter has been identified to assist with certain components of the recruitment process These activities include; • Conduct a local recruiting effort to encourage qualified applicants to apply for the position. • Serve as the confidential, main point of contact for applicants interested in learning more about the position • Collect all applications on the City's behalf. • Screen the applications using a scoring matrix provided by the City. • Provide a recommendation to the City on an identified number of candidates to initially interview. • Executive recruitment costs are included in the Human Resources Department's recruitment budget. Item 3. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: �A Name Division Job Title Benjamin Ekstein Cascade Bay Guest Relations Crewmember Brady Sheahan Cascade Bay Guest Relations Crewmember Cameron Edgerton Cascade Bay Guest Relations Crewmember Rosalinda Rosales Cascade Bay Guest Relations Crewmember Sierra Thompson Cascade Bay Guest Relations Crewmember Community Erin Skolte Center Guest Services Representative Nathan Dunn Parks & Rec Park Maintenance Scott Fisk Parks & Rec Recreation Assistant G Agenda Information Memo July 3, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated June 22 and June 29 as presented. ATTACHMENTS: • Check registers dated June 22 and June 29 are enclosed without page number. 1� Agenda Information Memo July 3, 2012 Eagan City Council Meeting CONSENT AGENDA: D. APPROVE A RESOLUTION TO ACCEPT A DONATION FROM STATE FARM AGENTS FOR FIREFIGHTER HELMETS AND AUTHORIZE THE NECESSARY BUDGET ADJUSTMENT. ACTION TO BE CONSIDERED: To approve a resolution to accept a donation of $1,050 fioim State Farm Agents for Firefighter helmets and authorize the necessary budget adjustment. FACTS: • In 2011 Casper's Cherokee Sirloin Room suffered a significant fire. The fire was determined to be caused by an improperly discarded cigarette. • Rick Casper contacted the fire department in early 2012 to ask if the fire department would be present at their grand opening of the renamed Casper's Cherokee of Eagan. • Mr. Casper at that time stated that he wanted to donate a portion of his grand opening proceeds to the fire department for the purchase of any needed equipment. • It was decided that the generous donation would be used to continue to buy replacement fire helmets for our volunteer firefighters. • Several area State Farm Agents learned about this donation and offered to each make a donation on their behalf to the fire department to be used to purchase additional helmets. • The agents and amount of donation are as follows: • Jolui Curley - $250 • Kurt Detlefsen - $250 • Nick Devries - $250 • Robin Kleffinan - $250 • Leanne Casanova - $50 • By approving these donations the 2012 Fire Department Equipment budget would receive a corresponding budget adjustment reflecting the cash donations: I. $1,050 to budget 1225.6670 • A thank you letter will be sent to the agents from the fire department. ATTACHMENTS: Resolution on page � (0 � 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 July 3rd, 2012, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, State Farm Agents has offered to donate $1,050 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the State Farm Agents for the gracious and generous donation. ADOPTED this 3 day of July, 2012 Mike Maguire, Mayor ATTEST: Christina Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. \�0 Agenda Information Memo July 3, 2012 Eagan City Council Meeting E. APPROVE AN AMENDED RESOLUTION ADOPTING AND IMPLEMENTING THE PERFORMANCE BENCHMARKS DEVELOPED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION ACTION TO BE CONSIDERED: To approve an amended resolution adopting and implementing the performance benchmarks developed by the Council on Local Results and Innovation. FACTS: At the June 19, 2012 City Council Meeting a Resolution was approved adopting and implementing the performance benchmarks developed by the Council on Local Results and Innovation. Upon review, the Office of the State Auditor asked that two additional clauses be added to the resolution to meet the statutory requirements. Those additions are as follows: • Eagan is in the process of implementing a local performance measurement system as developed by the Council on Local Results and Innovation. • Eagan will survey its residents by the end of the calendar year on services included in the performance benchmarks. • The date for publication of the survey results was changed from "prior to December 31, 2013" to "before the end of the calendar year ". ATTACHMENTS: • Enclosed on pages 1`) and 1c � is a copy of the amended resolution. M CITY OF EAGAN RESOLUTION NO. AMENDED RESOLUTION APPROVING PERFORMANCE MEASURES WHEREAS, the State Legislature created the Council on Local Results and Innovation; and WHEREAS, Eagan is in the process of implementing a local performance measurement system as developed by the Council on Local Results and Innovation; and WHEREAS, Eagan will survey its residents by the end of the calendar year on services included in the performance benchmarks; and WHEREAS, the Council released a standard set of performance measures for counties and cities that will aid residents, taxpayers and state and local elected officials in determining the efficacy of counties and cities in providing services and measure residents' opinions of those services; and WHEREAS, cities and counties that choose to participate in the new performance measurement program may be eligible for a reimbursement from Local Government Aid and exemption from levy limits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan does hereby approve the following Performance Measures and will publish the results of the Performance Measures before the end of the calendar year. Performance Indicator General Citizen survey - quality of services Citizen survey - overall appearance Percent change in the taxable property market value Police Citizen survey rating safety or ...Part I and II crime rates Police response times Fire Citizen survey - quality of services or ISO rating Fire response times Streets Citizen survey - quality of road conditions or... Average pavement condition rating. Citizen survey - quality of snow plowing Water Citizen survey - quality and dependability Operating cost per million gallons Sanitary sewer Citizen survey - quality and dependability Number of sewer blockages Parks and Recreation Citizen survey - quality of services APPROVED by the City Council of the City of Eagan, Minnesota, this 3 rd day of July 2012. CITY OF EAGAN . 0 ATTEST: Christina M, Scipioni, City Clerk Mike Maguire, Mayor \17A Agenda Information Memo July 3, 2012 Eagan City Council Meeting CONSENT AGENDA: F. APPROVAL OF A JOINT POWERS AGREEMENT WITH THE MINNESOTA BUREAU OF CRIMINAL APPREHENSION (BCA) ACTION TO BE CONSIDERED: To approve a Joint Powers Agreement with the BCA enabling the City's prosecuting attorney to access Criminal Justice Data through the Minnesota Bureau of Criminal Apprehension. FACTS: • The Minnesota Bureau of Criminal Apprehension (BCA) is responsible for providing a network of criminal justice data. The network is very robust and links infoilnation from the federal govenunent and all 50 states. • Through the network, law enforcement officers can access an infinite amount of information. Examples of criminal justice data available include the ability to verify driver's license /motor vehicle information, check to see if a person has an arrest warrant or is listed as missing, and verify if property is stolen. • Authorizing the agreement allows the prosecuting attorney (acting as the City's agent) to seamlessly access the same data. • The agreement demands everyone authorized to access the data does so for legitimate purposes. Compliance is periodically checked through audits conducted by persotmel working for the BCA. • Accessing the network is essential to law enforcement officers and prosecuting attorneys ATTACHMENTS: A copy of the agreement is attached on pages, � through- . coo SWIFT Contract # 47088 MN019101A STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ( "BCA ") and the City of Eagan on behalf of its Prosecuting Attorney ( "Agency "). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties. Agency wants to access these data in support of its criminal justice duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer -to- computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30 -38 and Minn. Stat. §299C.58, BCA will provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. al SWIFT Contract # 47088 MN019101A 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI -CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI -CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at www.dps.state.mn.us/cjdn/ 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at httl2s:Hsl2s.x.state.mn,us/ sites /bcaservicecatalowdefault.aspx 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@,,state.mn.us 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI -CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI -CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to occur. as SWIFT Contract # 47088 NIN019101A If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and /or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and /or submission of the Court Records delivered through the BCA systems and tools. 3 Payment The Agency currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46. No charges will be assessed to the agency as a condition of this agreement. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and /or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651 -793 -1007, or her successor. The Agency's Authorized Representative is James McDonald, Police Chief, 3830 Pilot Knob Road, Eagan, MN 55122, 651- 675 -5700, or his /her successor. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, or their successors in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. 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 and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. M SWIFT Contract # 47088 MN019101A 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. § § 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and /or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions For purposes of this clause, "Individual User" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. a� SWIFT Contract # 47088 MN019101A 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding. Either party 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 notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will 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. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. (THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 05_ SWIFT Contract # 47088 N4N019101A The parties indicate their agreement and authority to execute this Agreement by signing below. 1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF Individual certifies that funds have been encumbered as required CRIMINAL APPREI3ENSION by Minn. Stat. §§ 16A.15 and 16C.05. Name: Name: (PRINTED) (PRINTED) Signed: igned: Date: Title: (with delegated authority) CFMS Contract No. A- Date: 2. AGENCY Name: 4. COMMISSIONER OF ADMINISTRATION (PRINTED) delegated to Materials Management Division Signed: By: Title: Date: (with delegated authority) Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 101 1p Agenda Information Memo July 3, 2012 Eagan City Council Meeting G. CONTRACT 12 -10, CITYWIDE STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 12 -10 (Citywide Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Contract 12 -10 provides for the storm sewer improvements in the areas o£ o Trapp Farm Park (Project 1036) • Beacon Hill Road (Project 1083) • Comanche Road (Project 1087) • Pond BP -35.1/ Jade Lane (City Project 1094) On June 5, 2012, the City Council awarded the base bid for Contract 12 -10 for these improvements. Change Order #1 provides for three items: • Salvage and re- installation of a fire hydrant on Old Sibley Memorial Highway, for improved accessibility to the hydrant for maintenance and emergency response. Access to the hydrant was significantly impacted by the abandonment of a segment of Old Sibley Memorial Highway as part of the Cedar Avenue Freeway construction. This portion of the change order provides for an ADD of $5,301.10. The cost of this additional work will be the responsibility of the City's Utility Fund. • Installation of an improved outlet structure to Pond LP -63. The existing outlet to Pond LP -63, north of Diffley Road between Pilot Knob Road and Lexington Avenue, is easily clogged with debris during large rain events, and was a contributing factor to the flooding of a residence as part of the July 2000 Storm. While improvements to the pond were addressed as part of the July 2000 Storm Improvements, staff has had to remove debris from the outlet on three separate occasions in the past two months due to flooding concerns. This portion of the change order removes the existing outlet and replaces it with a standard skimmer outlet structure that will require less maintenance with reduced chance of clogging. This portion of the change order provides for an ADD of $23,607.10. The cost of this additional work will be the responsibility of the City's Utility Fund. • Delay of contract storm sewer work on Comanche Drive. During construction of the Comanche Drive storm sewer outlet, the contractor unexpectedly encountered five buried corrugated metal pipes. The pipes were full of water that drained into the storm outlet trench, causing a delay to remove debris and a need to dewater the trench. This portion of the change order provides for an ADD of $1,350.00. The cost of this additional work will be the responsibility of the City's Utility Fund. This change order provides for a total ADD of $30,258.00 (23.7% of original contract). The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. C Agenda Information Memo July 3, 2012 Eagan City Council Meeting CONSENT AGENDA: H. APPROVE AMENDMENT TO DARK FIBER LICENSE AGREEMENT BETWEEN THE CITY OF EAGAN AND THE MINNESOTA VALLEY TRANSIT AUTHORITY (MVTA). ACTION TO BE CONSIDERED: To approve the Amendment to the Dark Fiber License Agreement between the City of Eagan and the Minnesota Valley Transit Authority (MVTA) that will allow comiection to City owned fiber. FACTS: • It is the mutual desire of the City of Eagan and the MVTA that the MVTA located at 3600 Blackhawk Road, Eagan MN be connected to the City's fiber optic access point located at the Eagan Maintenance Facility located at 3501 Coachman Point, Eagan MN for the purpose of enabling the MVTA to connected to the City's high- speed access to Dakota County's Western Service Center. • The MVTA will lease the City's Dark fiber from the Maintenance Facility access point located at 3501 Coachman Road to the access point located at the Eagan Municipal Center located at 3830 Pilot Knob Road. • The initial agreement was approved at the Council meeting on 9/16/2011. This agreement amends the previous payment schedule which had a long terin lease agreement with little startup costs. The new amendment proposes a more substantial startup cost with minimal long terin lease fees. • The Agreement also provides for use of two fibers between the Eagan Municipal Center and the Dakota County Western Service Center. The City currently is using this pair so there is no cost or service impact for the MVTA to use the same fibers. ATTACHMENTS: Enclosed on pages aq through a��) is a copy of the proposed Agreement. FIRST AMENDMENT TO LICENSE (DARK FIBER) AGREEMENT THIS FIRST AMENDMENT to the License (Dark Fiber) Agreement (hereinafter "Agreement ") is made this day of , 2012, by and between the City of Eagan, a Minnesota municipal corporation under the laws of the State of Minnesota ( "City "), whose address is 3830 Pilot Knob Road, Eagan, MN 55122, and Minnesota Valley Transit Authority, a Joint Powers Association comprised of Minnesota municipal corporations acting pursuant to MINN. STAT § 471.59, § 473.384 and § 473.388 having its principal place of business at 100 East Highway 13, Burnsville, MN 55337 ( "Licensee "). (City and Licensee are hereinafter collectively referred to as the "Parties "). RECITALS: WHEREAS, the City and Licensee are parties to that certain License (Dark Fiber) Agreement dated September 6, 2011 concerning the City's fiber optic network ( "City Dark Fiber ") throughout portions of the City which interconnects municipal facilities and other related govermnental facilities (the "City Network "); and WHEREAS, the Parties desire to amend the Agreement to provide for a lump sum payment by Licensee and for an extension of the term all upon the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing, and the promises and covenants contained in this Agreement, the Parties agree as follows: 1. MODIFICATION OF PARAGRAPH 2 OF LICENSE AGREEMENT Paragraph 2 of the License Agreement is hereby modified by replacing it in its entirety with the following: 2. Effective Date and Term This Agreement shall become effective as of the date that the City executes this Agreement ( "Commencement Date ") and shall remain in effect unless and until terminated in accordance with the termination provisions of this Agreement. The term of this Agreement shall be for a period of thirty (30) years from and after the Commencement Date unless terminated earlier in accordance with the terns of this Agreement. a� The Licensed Fibers, identified on Exhibit "A," may be changed from time to time in writing signed by the City and Licensee, as specified in the applicable amended Exhibit "A," which shall be attached to this Agreement. The amended Exhibit shall have its own term, which term shall commence on the date that the City executes the applicable amended Exhibit "A" and end on the Termination Date. 2. MODIFICATION OF PARAGRAPH 4 OF LICENSE AGREEMENT Paragraph 4 of the License Agreement is hereby modified by replacing it in its entirety with the following: 4. Price and Payment (a) Subject to the allowances for interruptions set forth in this Agreement, Licensee shall pay the City a license fee for the use of the Licensed Fibers provided by the City ( "License Fee ") which license Fee shall commence on the applicable Fiber Acceptance Date. The License Fee payable to the City for the licensed Fibers shall be as shown on attached Exhibit "A" as the same may be amended from time to time according to the terms of this Agreement. The License Fee shall be paid contemporaneously with the approval of this Agreement. 3. MODIFICATION OF PARAGRAPH 8 OF LICENSE AGREEMENT Paragraph 8 of the License Agreement is hereby modified to include the following additional language: Licensee shall be responsible for any and all connections from any Licensee facility location to City right -of -way where the City Dark Fiber is located. Except as modified above, all other terms, including all definitions of the License Agreement remain in full force and effect. In the event of any inconsistency between the License Agreement and this Agreement, the terms of this Agreement shall control. 2 0 IN WITNESS WHEREOF, and intending to be legally bound the parties have executed this Agreement on the dates indicated below. CITY OF EAGAN Dated: , 2012 By: Dated: , 2012 By: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Mike Maguire Its: Mayor Christina M. Scipioni Its: Clerk The foregoing instrument was acknowledged before me this day of , 2012, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 91 LICENSEE: Minnesota Valley Transit Authority Dated: , 2012 By: Printed Name: Its: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2012, by , the , of Minnesota Valley Transit Authority, a Joint Powers Association comprised of Minnesota municipal corporations acting pursuant to MiNN. STAT. § 471.59, § 473.384 and § 473.388 on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147 Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 0 �J:' a EXHIBIT "A Licensed Fibers Route Rates J Dark License Total Gast Accepted Route Segment Length Mileage Fiber Fees Start "termination for Accepted (feet) No. (per Date Date Licensee for City fiber - per mile - per month) Intersection of $45844.70 Yankee Doodle /Coachman 2 to Hwy 13 /Blackhawk intersection MVTA Drop $6,086,36 2 2 $5,823.15 Intersection of Yankee Doodle/Coachman to Maintenance Facility One time $2,000 administrative fee City of Eagan 9802 1.88 2 � o Maintenance Facility to Eagan City Hall City of Eagan City 46,387 8.79 2 *$0 Hall to Western Service Center Total Cast of $59,254.21 Star Total Monthly $0 Lease Cast J Consent Agenda Information Memo July 3, 2012, Eagan City Council Meeting I . EXTENSION OF COMPLETION DATES — HOOVESTOL INTERIM USE PERMIT ACTION TO BE CONSIDERED: To approve a modification of conditions to extend completion dates for an Interim Use Permit for property located at 915 Yankee Doodle Road. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ On June 7, 2011, the City Council approved an Interim Use Permit for outside storage of trailers and trucks upon this property. ➢ At that time, the applicant expected a specific tenant would occupy the property, however, that tenant deal fell through. ➢ Without a major tenant utilizing the outdoor storage, the completion dates for certain site improvements associated with that use were extended to July 1, 2012. ➢ While some trailer storage is occurring on the property, the amount is far less than the IUP permits. The owner has submitted a letter indicating that without the anticipated major tenant, it is not feasible to complete the site improvements at this time. ➢ The owner is therefore requesting a one year extension of the completion dates for site improvements to July 1, 2013. ➢ Other terms and conditions of approval will remain in place. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Not applicable ATTACHMENTS: (2) Location Map, page 3 Correspondence from Hoovestol, page 931 Location IVlap ^�OSrA,HM0,26• --ONE-OAK RDe) I 1111111T. T I' A LURVIEW OR .................... .................. - 1�® 7 WIN ..•,, . ■ WMA. ■ �® ® ®'e�eeiose,�® �: ■� is Project Name: 915 Yankee Doodle Road Request: Interim Use Permit Case No.: 11- IN- 03 -04 -11 Legend : p1:=1i q ®1 ®C City Boundary Parcels Parks Buildings 4 1� City of Eagan 3S � � ED Jai' / . 2012 June 21, 2012 The City of Eagan Attention: Ms. Pam Dudziak 3830 Pilot Knob Road Eagan, MN 55122 Re: Interim Use Permit for 915 Yankee Doodle Road Dear Ms. Dudziak: This pertains to our Interim Use Permit, which was approved June 7, 2011 for a term expiring November 1, 2014. We are requesting a one year extension in regards to certain site improvements that were required to be completed by July 1, 2012. The property is currently being maintained and has the outdoor storage of semi- trailers. However, we do not have the major tenet that was envisioned in the site plan for this IUP, and so the number of semi - trailers is nowhere near what the site plan showed. It is our intention to progress on the completion of the required site improvements, but without the planned tenet, it is not feasible to have these completed by July 1, 2012. Again, we are requesting the deadline extension to July 1, 2013 for certain site improvements. This will allow us to spread out the cost of these improvements while working on finding a tenet who can utilize this location. Sincerely, J n Eubanks Office Manager Hoovestol Inc. M Agenda Information Memo July 3, 2012 Eagan City Council Meeting J. AUTHORIZE SUBMITTAL OF COMMENTS TO MHFA REGARDING THE DAKOTA COUNTY CDA'S PROPOSED RIVER RIDGE FAMILY TOWNHOMES ACTION TO BE CONSIDERED: To authorize the submittal of comments to the Minnesota Housing Finance Agency regarding the Dakota County Community Development Agency's proposed River Ridge Family Townhomes at 3206 Sibley Memorial Highway. FACTS: As the City Council is aware, the Dakota County CDA purchased the former Richfield Blacktop property at 3206 Sibley Memorial Highway for redevelopment as a workforce rental housing development. It is typical for the development process to take about two years from acquisition to securing the combination of funds necessary for the CDA to proceed with a project. Among the funding sources typically applied to these projects is the Minnesota Housing Finance Agency. As part of its application and review process, MHFA advises local governments that an application has been received for property in their community and offers an opportunity to comment in that regard. The attached request represents that communication. While the City has yet to receive or act on an application for the property such that is not possible to coirl ment in specific, the proposed number of townhomme /twinhome units as described would conform to the guide plan and zoning for the area and the workforce rental housing program is generally supported by the City's Comprehensive Guide Plan housing policies. Staff would propose to subunit general comments to that effect if this action is approved. ATTACHMENTS: • MHFA Request on pages - �Z through �)9 31 Jon Hohenstein To: Cheryl Stevenson Subject: RE: Minnesota Housing Finance Agency - Notification of Local Official From: Hieb, Mary (MHFA) [mailto: Mary. Hieb@state.mn.us] Sent: Monday, June 25, 2012 10:52 AM To: City Council Subject: Minnesota Housing Finance Agency - Notification of Local Official Dear Mayor: Minnesota Housing and its funding partners have received a request for multifamily funding referenced on the attached Notification of Local Official form. We provide selected applicants financing for the development, construction, acquisition and rehabilitation of decent, safe and affordable rental housing. As part of the review process, Minnesota Housing is interested in receiving your community's comments regarding the proposed development(s). Please provide any comments you may have on the proposal(s) to Minnesota Housing by July 16, 2012. If you have previously submitted comments on the following proposal(s), it is not necessary to do so again, unless you wish to add new or additional information. Please address your comments to: Minnesota Housing Mary Hieb 400 Sibley Street, Suite 300 St. Paul, MN 55101 -1998 Mary.Hieb @state.mn.us If you have any questions, please call Mary Hieb at (651) 296 -8185, or toll free at 1- 800- 657 -3701. Thank you in advance for your time and consideration. Sincerely, / 11 (a W - A - I �?, ? V/. V/- Marcia Kolb Assistant Commissioner, Multifamily Business Mary Hieb I Minnesota Housing 1 400 Sibley Street, Suite 300 1 Saint Paul, MN 55101 651. 296.8185 1800.657.3647 1 •tty: 651.297.2361 0 Notification of Local Official Minnesota Housing FinanceA enc 1. Please provide the following information in typewritten form and submit electronically. 2. Please provide the name of the local official jurisdiction and name and address of the political jurisdiction's chief executive officer (in most cases Mayor) in which the proposed project will be located. Name of Political Jurisdiction: of Eagan Mike Maguire Name of Chief Executive Officer 3830 Pilot Knob Rd Address none provided E -mail address: Mayor Title Eagan City Notification of Housing Proposal Riverview Ridge Fam Townhomes Development Name Eagan City Dakota County Community Development Agency Developer Number of Buildings /1 New Construction 651- 675 -5048 Telephone MN 55122 State Zip Sibley Memorial Hwy & Terminal Drive Street Address Substantial Rehabilitatior EI Unit Sizes Proposed Unit Mix Proposed Rent Amounts Efficiency / SRO: 1 Bedroom: 2 Bedroom: 16 $630 /rno 3 Bedroom: 11 $685/mo 4 Bedroom: Total: 27 Brief description of proposal: New construction of 27 unit worforce housing townhome development at the intersection of Sible Memorial Highway and Terminal Drive (at the old Richfield Blacktop site and two parcels to the North The development, which will be known as Riverview Ridge Family Townhomes, will be owned by the Inver Hills Family Housing Limited Partnership, with the Dakota County CDA as the General Partner, developer, and property manager for the development. Notification of Local Official - HTC Form 18 �� 4/2012 Agenda Inforination Memo July 3, 2012 Eagan City Council Meeting K. APPROVE ENCROACHMENT/ MAINTENANCE AGREEMENT LOT 2, BLOCK 1, EAGAN POINTE ACTION TO BE CONSIDERED: Approve Encroachment and Maintenance Agreement with Liberty Property Trust for Lot 2, Block 1, Eagan Pointe, and authorize Mayor and City Clerk to execute all related documents. FACTS: • On April 24, 2012, James Cormmers, Signation Sign Group, representing Ceva (local business) and Liberty Property Trust (property owner), applied for a sign permit on property located at 3169 Dodd Road. The sign permit application requested a 6' overall height monument with a 35 square foot face, placed 10' back from the property lines. The sign met the standards for monuments and was approved as presented. • Upon request, Gopher State One Call conducted utility locates to determine if placement of the sign would interfere with utility services buried within the drainage and utility easement area, and found the proposed location for the sign would be in conflict with a City's stone sewer force main. • There are no private utility lines or facilities near the portion of easement for which the sign/ monument application has been requested. However, there is a good possibility that a non- city utility line may desire to be placed in close proximity to this portion of the easement being considered for encroachment. • The applicant has requested an encroaclunent of the existing drainage and utility easement, and the existing storm sewer force main, near the northeast corner of the industrial property legally described as Lot 2, Block 1, Eagan Pointe. • The recently approved Capital Improvement Plan (CIP) for 2013 -2017 includes the extension of Borchert Lane to the intersection of Highway 149 and Chapel Lane in 2015. Acquisition of a portion of the property at 3169 Dodd Road for public right -of -way purposes would be required. Accommodations for the placement of this future right -of -way are being made in coordination of the sign placement. • The terms of the Encroachment and Maintenance Agreement hold the property owner responsible for all financial obligations associated with the City and /or any future private utility companies having to maintain underground lines due to these encroaclmnents. • Public Works staff, the City Attorney's office, and the property owners have reviewed the agreement and found it in order for favorable Council action. �o Agenda Information Memo July 3, 2012, Eagan City Council Meeting L. APPROVE ON -SALE LIQUOR AND SUNDAY LICENSE FOR LONE OAK GRILL, LLC, DBA LONE OAK GRILL, 3010 EAGANDALE PLACE ACTION TO BE CONSIDERED: To approve the On -Sale Liquor and Sunday License for Lone Oak Grill, LLC, dba Lone Oak Grill, located at 3010 Eagandale Place. FACTS: ➢ Joel Lelunan has applied for an On -Sale Liquor and Sunday License. Mr. Lehman is the sole partner of the Limited Liability Company (Lone Oak Grill, LLC). ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the On -Sale Liquor and Sunday License. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) I Agenda Infonnation Memo July 3, 2012 Eagan City Council Meeting M. APPROVE PREMISE PERMIT FOR METRO BASEBALL LEAGUE TO CONDUCT LAWFUL GAMBLING AT LONE OAK GRILL, 3010 EAGANDALE PLACE ACTION TO BE CONSIDERED: Adopt Resolution to approve a Premise Permit for Metro Baseball League to conduct lawful gambling at Lone Oak Grill, 3010 Eagandale Place. FACTS: • Nancy Huber, Gambling Manager of Metro Baseball League has applied for a premise permit to conduct a pull -tab and bar bingo operation at the Casper's Lone Oak Grill located at 3010 Eagandale Place. • Metro Baseball League is also permitted to lawful gambling operations at Casper's Cherokee Sirloin Room. • The Police Department has conducted an investigation of the application and has found no cause to deny the application. ATTACHMENTS (1): A copy of the proposed resolution is attached as page qJ (The complete application is available from the Office of the City Clerk.) �a RESOLUTION CITY OF EAGAN PREMISE PERMIT FOR METRO BASEBALL LEAGUE TO CONDUCT PULL TAB AND BAR BINGO AT LONE OAK GRILL WHERAS, the Metro Baseball League has applied for a premise permit for a pull tab and bar bingo operation Lone Oak Grill, 3010 Eagandale Place; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Metro Baseball League application for a premise permit at Lone Oak Grill, 3010 Eagandale Place. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in favor: Those against: Date: July 3, 2012 CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3' day of July, 2012. City Clerk 4? Agenda Information Memo July 3, 2012 Eagan City Council Meeting N. APPROVE RESOLUTION TO TEMPORARILY EXTEND THE LICENSED PREMISES OF BONFIRE RESTAURANT CO, LLC DBA AXEL'S BONFIRE LOCATED AT 1555 CLIFF ROAD ACTION TO BE CONSIDERED: To approve a resolution to temporarily extend the licensed premises of Bonfire Restaurant Co, LLC doing business as Axel's Bonfire, located at 1555 Cliff Road on July 14, 2012. FACTS: ➢ Axel's Bonfire is planning a customer appreciation event on July 14, 2012. As part of the event, the restaurant plans to setup a tent in its parking lot. ➢ Per City Code, the on -sale liquor license held by Axel's Bonfire only allows the sale of alcohol within the restaurant and on its patio. City Code Chapter 5.07 allows the City Council to temporarily extend an establislunent's licensed premise as long as the establishment meets all Code requirements. ➢ Axel's Bonfire has submitted an application to temporarily extend its licensed premise. The application has been reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the temporary extension of the on -sale liquor license. ➢ Axel's Bonfire has also applied for a building pen to construct the tent and a temporary sign permit for event advertising. Staff is reviewing both applications to ensure they meet State Building Code and City Code requirements. ATTACHMENTS (1): The proposed resolution, including a site plan, is attached on pages q`� to `��P RESOLUTION CITY OF EAGAN NO. APPROVAL OF APPLICATION TO EXTEND THE LICENSED PREMISES FOR BONFIRE RESTAURANT CO, LLC, DBA AXEL'S BONFIRE LOCATED AT 1555 CLIFF ROAD WHEREAS, the City of Eagan (the "City ") has issued a license for the sale of alcoholic beverages to Bonfire Restaurant Co., LLC. (the "Licensee "); and WHEREAS, the Licensee has submitted an application to temporarily extend the licensed premises to include the service of alcohol in an additional outdoor area of the licensed premises (depicted in attachment A) for the purposes of conducting a customer appreciation event on July 14, 2012; and WHEREAS, Chapter 5, Section 5.07 of the Eagan City Code allows the City Council to temporarily extend the licensed premises to include any outdoor area located on the property of the licensed premises subject to the applicable provisions of Chapter 10 and Chapter 11 of the City Code provided that specific terms and conditions as set forth in Section 5.07 are met; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves Bonfire Restaurant Co, LLC's application for a temporary extension of the on -sale liquor license for July 14, 2012 at the licensed premises of 1555 Cliff Road. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk Motion by: Seconded by: Those in favor: Those against: Dated: July 3, 2012 CERTIFICATION I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this P day of July, 2012. Christina M. Scipioni, City Clerk RI /(` ( '2 Attachment A 1l tai _ Roadway and Porking Easement as per Doc Na 1305 29 _ 1 i N 00 00'00 " E --205 45== 3 I 50 - -- 12 I I r) I ca I N I C I n J � . i I r ' N,) I :r y �; ' n - ` •. .. •Y irk'. r � I I r • - -1 - -- -46.3- I 24.5\ o hl 1 I 26.6 13 4 13.4 \0\ A r I r n y3t "a' • G1 ^ C�. G(J�'l5`.�.cs R . '� . r j I Ili 0 e-v4 �,u -ex ' y�r I I v ��, � `a l.F � h• I Q) ° >.. c I � J wa Q r r~ I 7 45. r, • r J - - -- o T k n . i L pp -- -- + - - - - -- i �I — — — — — — — — — — — — — — — — — — — — t- — — — — — — —1 `- Drainage and Utility Easement i as per the plot of Thomas Lake Center - --20717—= r N 00 35'17" E l M. It y o e" r ; p J 0 Agenda Memo July 3, 2012 City Council Meeting O. APPROVE a Temporary Construction Easement over a portion of Captain Dodd Park to accommodate contractor access for an adjacent development and authorize the Mayor and City Clerk to sign the appropriate documents. ACTION TO BE CONSIDERED: To approve a temporary construction easement over a portion of Captain Dodd City Park for the purpose of facilitating contractor access and grading related to the Eagan Car Club development and authorize the Mayor and City Clerk to sign the appropriate documents on the behalf of the City. FACTS: • A development plan to allow 76 storage units on the six acre site located on the west side of the South Robert Trail, immediately north of 4135 South Robert Trail has been approved. • Captain Dodd City Park shares a common border on the north side of the development site. The area of the proposed easement within the park is 30' x 550' • Portions of the development site are quite steep. Grading by the contractor into the City park property will minimize the need for large retaining walls along the common border. Contractor access from the park is necessary to accommodate the grading. • The park space within the proposed easement is part of a low maintenance area that is not used for scheduled or informal activities or play. • The developer will be required to restore the graded portion of the site with a natural grass mix and plant mitigation trees due from the development within the easement, on park property • The new trees will create a physical buffer and visual screen between the proposed buildings within development and the primary use area of the park. There currently are few trees in the area of the easement. • The location of the mitigation trees within the easement and the species of said trees will be determined in consultation with City Park and Forestry staff. ATTACHMENTS: • Easement map on page �? "f� �� 0 � 0 � nul ��m -1 , -h�tot ��1ad ao o ,r • � T ' , �a \�".. �,� // .. � I - - . ss 211, iz 4111 w " , A . . . . . . . . . . . 9. w It A- rove)i 6', 1 M., 63 . T A-I . 04 1% 4 Ai AWN " N �I� � Y c � � �. - , °, ,� 4 14 P, N11 't, qg ER ai J U me-or AMA. \PARK EAGAN CAR CLUE SATHRE-BERGQUIST, INC. Ndfl III MUIII IROADWAY WAYZATA. MN. 65301 (02) 476-600� EAGAN, MINNESOTA MANLEY DEVELOPMENT AL 0 W 4� Agenda Information Memo July 3, 2012 Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CHAPTER 5 REGARDING HOURS OF OFF -SALE LIQUOR SALES ACTION TO BE CONSIDERED: Approve an Ordinance Amendment to City Code Chapter 5 relative to off -sale liquor sales and direct the City Attorney to publish the amendment in the legal newspaper. FACTS: ➢ At the June 12, 2012 Special City Council meeting, the City Council directed staff to prepare an amendment to City Code Chapter 5.53 Hours and Days of Liquor Sales. ➢ As was noted at the June 12 workshop, all off -sale liquor establislunents in Eagan received a letter inviting them to the June 12 workshop. Additionally, the establislunents were surveyed on their preference for the ordinance change, and the results were nine in favor of an ordinance amendment to extend the hours, and five in opposition to the amendment. ➢ A survey was also conducted of neighboring communities that allow for extended hours, and all of the communities reported that they have not had any issues since the hours were extended. ➢ The proposed amendment would allow off -sale liquor stores to sell liquor between 8 a.m. and 10 p.m. Monday through Saturday. Current City Code allows off -sale liquor sales between 8 a.m. and 8 p.m. Monday through Thursday and 8 a.m. to 10 p.m. Friday and Saturday. ➢ The proposed amendment is consistent with the off -sale liquor hours of operation allowed by State Statute. ATTACHMENTS: (1) ➢ Proposed resolution attached on pages 6U , to U\ 9 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER FIVE ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTION 5.53 REGARDING HOURS OF OFF -SALE LIQUOR SALES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1 . Eagan City Code Chapter Five is hereby amended by changing Section 5.53 to read as follows: See. 5.53. Hours and days of liquor sales. Except as otherwise provided in section 5.54, no on -sale liquor sales shall be made after 2:00 a.m. on Sunday, nor between the hours of 2:00 a.m. and 8:00 a.m. on Monday through Saturday. No off -sale liquor sales shall be made: 1. On Sunday, Thanksgiving Day, or Christmas Day, December 25; 2. Before 8:00 a.m. or after 8-.00 p.m. on Monday through i= sday Saturday except that on the Wednesday e-vffiing preeeding Thanksgiving Day, off sa4 may be fliade until 1 00 p.m.; or 11 � • Section 2 . Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatun. Section 3 . Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor 5 0 Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: S-1 Agenda Information Memo July 3, 2012, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT — SUBURBAN LANDSCAPE SERVICE ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor storage of salt /sand, pallets and related landscape equipment and materials on property located at 3486 Dodd Road, legally described as parts of Lots 4 and 5, Loren Place, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The property is zoned I -1 (Limited Industrial), and surrounded by similar zoning districts except for Thomson Reuters (Planned Development) to the west, across Dodd Road. ➢ The business has been in operation and located on the subject property since 1962. A 2011 CUP (Conditional Use Permit) was approved for outdoor storage of 7 trucks, 5 trailers and 2 bobcats. ➢ The single family home was vacated and converted into an office in conjunction with the 2011 CUP approval. Two detached garages are located on the property; the garage closest to the office is in disrepair and will be removed. ➢ Two separate driveways provide access to Dodd Road. The southern driveway also provides access to the land - locked property to the east, via a private ingress /egress easement. ➢ The applicant is proposing to construct and maintain both the parking and outdoor storage areas with a recycled bituminous aggregate surface. ➢ Four landscape material storage bins are proposed as well as a garbage dumpster. ➢ The two outdoor storage requirements that are not met include an enclosure and screening. ➢ The Advisory Planning Commission held a public hearing on June 26, 2012 and is recommending approval. ISSUES: ➢ A representative of the property owner (Ablecraft) to the east submitted correspondence regarding the private ingress /egress easement and the setback of the proposed storage to the east property. ➢ The City Attorney advised that any issues regarding the easement were a private matter between the two parties and clarified that the proper setback for outdoor storage is five feet from side and rear yard lot lines, as shown on the Site Plan. 60 DAY AGENCY ACTION DEADLINE: August 16, 2012 ATTACHMENTS: (6) Location map on page 5a _ Draft June 26, 2012, APC minutes on pages I�Yb through 56 Staff report on pages _through Larkin Hoffman letter received June 20, 2012 on pages '21 through 'El Memo from City Attorney received June 25, 2012, on page _ Larkin Hoffman letter received June 26, 2012 on pages gI'T— through Location Rap IN I 1 61- eb � 46 e 47 IN"Ira- 011"1111 3ECKER ROAD r i Pke ............ Project Name: Suburban Landscape 2012/Collin Merrill Request: Conditional Use Permit Case Nos.: 13-CU-02-04-12 Feet 0 500 1,000 2,000 Legend JM111a 1611vi City Boundary Parcels Parks Building,, 4 l k City of Eap �� Map Area Extent N ..Lv - D. VP NK E - ) Subject Site 3ECKER ROAD r i Pke ............ Project Name: Suburban Landscape 2012/Collin Merrill Request: Conditional Use Permit Case Nos.: 13-CU-02-04-12 Feet 0 500 1,000 2,000 Legend JM111a 1611vi City Boundary Parcels Parks Building,, 4 l k City of Eap �� Map Area Extent Advisory Planning Commission June 26, 2012 Page 2 of 4 IV. PUBLIC HEARINGS New Business A. Suburban Landscape 2012 Applicant Name: Suburban Landscape Service Location: 3486 Dodd Road; Lots 4 & 5, Loren Place Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of salt /sand, pallets equipment and materials. File Number: 13- CU- 02 -04 -12 Planner Thomas introduced this item and highlighted the information report dated June 21, 2012. She noted the background, ,history _and number 14 to satisfy Fire Department concerns. - - Chair Heaney opened the public hearing. P. James Taurinskas, Attorney for the applicant discussed the5l private ingress /egress easement. Julie Nagorski, attorney for the neighboring property owner (Ab ingress /egress easement and suggested tWth- setback requi the east property line were not being met. LL _ related landscape d in the City Staff on to condition of the property and the ), discussed the private its for the storage items to City Attorney Bob Bauer expiamed that the outdoor storage is required to meet a 5' setback rather than the 20' setback required for a structure. Chair Heaney explained that the Advisory Planning Commission does not deal with covenants and private agreements.- Member Jansma inquired about the parking stall layout pertaining to handicapped accessibility. Planner Thomas responded that the plan was reviewed and approved by Building Inspections. There was discussion on the bituminous material proposed as a surface for the outdoor storage. Assistant City Engineer John G : order"indicated that recycled material has been allowed in numerous Industrial sites throughout the City. There being no further public`comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Supina seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of salt /sand, pallets and related landscape equipment and materials on property located at 3486 Dodd Road legally described as parts of Lots 4 and 5, Loren Place, subject to the following conditions as amended: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. This Conditional Use Permit shall replace the existing Conditional Use Permit for the property, which was approved on September 6, 2011. ISS Advisory Planning Commission June 26, 2012 Page 3 of 4 3. Landscape materials are limited to those items shown on the approved Site Plan dated June 6, 2012, including, rock, mulch, dirt, sand and recycled landscape. 4. The covered storage shall be limited to sand and salt per the approved Site Plan dated June 6, 2012. 5. The fabric cover for the salt and sand storage shall be kept in premium condition. Replacement of the fabric cover shall occur immediately if it falls into disrepair. 6. The pallet storage shall not exceed eight feet in height. 7. No additional outdoor storage shall be allowed other than what is identified on the Site Plan dated June 6, 2012. 8. Recycled asphalt aggregate shall be used for the portions of the outdoor storage areas. If recycled bituminous aggregate is used for the outdoor storage areas; the site will be subject to periodic review by city staff for adequacy of the material=fd- control dust and drainage. The first review will occur two years following approval of fhls permit. If the material is determined to be inadequate, the City will require that' it be Cep_ faced with bituminous asphalt. 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. 10. All parking and storage areas shall be properly -% ntairn 11. All signage shall meet City Code requirements. 12. The existing garage shall be removed as identified '- 1 order to provide necessary emergency vehicle drive- demolition permit and remove the structure prior to Octo 13. The applicant shall obtain a building - perm'it -for the dum and the enclosure shall meet City Cod e_ requirements. 14. A lock box shall be provided on the southern gate to the properties. 15. The applicant shall obtain a zoning permit for_,the storag 16. All required site improvemerttsshall occur by October 1, All voted in favor. Motion carried 5 =Q'. prevent dete ite�'Plan dated June 6, 2012, in ;. The applicant shall obtain a 2012. ure by October 1, 2012, cy vehicle access to 12. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 21, 2012 CASE: 13- CU- 02 -04 -12 APPLICANT: Suburban Landscape Service, Inc. HEARING DATE: June 26, 2012 PROPERTY OWNER: Collin Merrill REQUEST: Conditional Use Permit APPLICATION DATE: April 18, 2012 PREPARED BY: Sarah Thomas LOCATION: 3486 Dodd Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of salt /sand, pallets and related landscape equipment and materials on property located at 3486 Dodd Road legally described as parts of Lots 4 and 5, Loren Place, AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. .5q Planning Report — Suburban Landscape Services June 26, 2012 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDMISTORY Suburban Landscape Service has been in operation and located at the subject property since 1962. The company has 10 year -round employees that provide lawn service and landscaping during the summer months and snow removal during the winter months. Until July 2011, the property was considered to be non - conforming as it was used for residential purposes and the business operated as a home occupation. The home is now being converted to office space for Suburban Landscape Service and the outdoor storage affiliated with the business requires a CUP (Conditional Use Permit). A CUP was approved for outdoor storage on September 6, 2011 (primarily for trucks near the south property line). A subsequent site visit found the applicant had additional outdoor storage on the site that was not part of the approved Site Plan. Planning Report — Suburban Landscape Services June 26, 2012 Page 3 EXISTING CONDITIONS There are three existing buildings on the site. The main office building (former home) was constructed in 1962. There are two detached garages upon the property as well. The detached garage behind the office building is in disrepair and the proposed Site Plan identifies the structure as demolished. The removal of the structure is a condition of approval due not only to the condition of the building but also because the drive aisle is proposed in that location. Two driveways provide access from Hwy 149 /Dodd Road. A private ingress and egress easement at the southerly driveway provides access to the property to the east. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears generally compatible with the surrounding properties and existing uses. Site Plan — Nine employee parking stalls currently exist along the south property line. The proposed Site Plan now identifies seven parking stalls that are not specified for outdoor storage (spaces 2 -8) in this location (space no.I is the handicap parking stall on the north side of the property, adjacent to the office). The Site Plan identifies these stalls as 10 x 19 feet with a 24' foot drive aisle as required by City Code. A 20' drive aisle is maintained throughout the outdoor storage areas of the site (24' in the parking area), to provide emergency vehicle access. sq Existing Use Zoning Land Use Designation North UPS I -1, Limited Industrial IND, Limited Industrial South Vacant (Thomson I -1, Limited Industrial IND, Limited Reuters) Industrial East Ablecraft Fabrication, I -1, Limited Industrial IND, Limited unoccupied Industrial West Hwy 149 /Dodd Road PD, Planned MO, Major Office Thomson Reuters Development EVALUATION OF REQUEST Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I -1 zoning district. The proposed use appears generally compatible with the surrounding properties and existing uses. Site Plan — Nine employee parking stalls currently exist along the south property line. The proposed Site Plan now identifies seven parking stalls that are not specified for outdoor storage (spaces 2 -8) in this location (space no.I is the handicap parking stall on the north side of the property, adjacent to the office). The Site Plan identifies these stalls as 10 x 19 feet with a 24' foot drive aisle as required by City Code. A 20' drive aisle is maintained throughout the outdoor storage areas of the site (24' in the parking area), to provide emergency vehicle access. sq Planning Report — Suburban Landscape Services June 26, 2012 Page 4 The Site Plan also identifies four storage bins for landscape materials located five feet from the east property line. The bins will be constructed of concrete blocks that are 2' wide, 2' tall and 7' long, stacked two high. There will be a fabric cover, to reduce the runoff of the salt and sand stored beneath. The applicant should apply for a Zoning Permit for the storage bins. In addition to outdoor storage of trucks /construction vehicles, the Site Plan identifies an area between the office and southern garage as outdoor storage. This storage is identified as plows and bobcat buckets, snow blower attachments, empty pallets and pallets of stone, salt spreaders and water tanks. The specific area for each of these items has been delineated which should help keep the storage area neat and orderly. Lastly, the Site Plan identifies a garbage dumpster. The I -1 zoning district requires enclosure of trash and recyclable containers. The applicant should obtain a building permit for the enclosure that meets City Code requirements. This is included as a condition of approval. Outdoor Storage Requirements — 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I - -1) and general industrial (I - -2) zoning districts, the enclosure may be detached from the principal building. The applicant installed an eight foot cedar fence, with gates to the driveways, as part of the screening requirement of the 2011 CUP approval. At that time the applicant was intending to install lock boxes on the gates which would allow emergency vehicle access. The applicant no longer intends to install the lock boxes, and therefore should keep the gates open indefinitely. This is included as a condition of approval. Full enclosure is not proposed and does not appear necessary given the use, location and surrounding uses. 2. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage areas are located along the sides and rear of the property. The proposed storage meets required setbacks. RON Planning Report — Suburban Landscape Services June 26, 2012 Page 5 3. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. As previously mentioned, the applicant installed an eight foot cedar fence, with gates to the driveways, as part of the screening requirement of the 2011 CUP approval. In addition to the fence, existing vegetation along the west property lines and existing buildings assist with screening as the majority of the outdoor storage is proposed to be located behind the buildings. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed Site Plan is acceptable. A minimum 20 foot wide drive aisle is provided to accommodate emergency vehicles throughout the storage areas, and a 24' drive aisle is provided throughout the parking areas. Due to the nature of the business, pedestrian movement on the site is minimal. 5. The storage area shall not take up required parking spaces or landscaping areas. The Site Plan provides for seven employee parking stalls (2 -8) and identifies 25% of the site as green space which is the minimum allowed in the I -1 zoning district. The landscaped areas are along the west property line and within the front yard adjacent to Dodd Rd. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The applicant is proposing to maintain the parking and outdoor storage area with recycled bituminous aggregate, which is further discussed later in this report. Landscaping — The applicant is not proposing additional landscaping on the site. Tree Preservation — No trees are located in the area proposed for outdoor storage. Parking/ _Storage Area Surfacing — A portion of the existing drive aisles on the site are paved with bituminous surfacing. The remaining parking and storage areas have minimal gravel surfaces. With this application, the applicant proposes to surface the outdoor parking/ storage areas with recycled bituminous aggregate, also termed as millings. The applicant is not proposing to construct the perimeter of the parking/ storage areas with concrete curb and gutter. City Code requires that all off - street parking and storage areas be surfaced with a material to control dust and drainage, and that the surface shall be properly maintained to prevent deterioration. The current gravel surface does not meet these requirements. (0` Planning Report — Suburban Landscape Services June 26, 2012 Paae 6 Bituminous asphalt is the most - widely -used surfacing material to accomplish this requirement and is required for off - street parking areas. There are a number of outdoor storage lots within the City that have been allowed to use recycled bituminous aggregate surfacing for outside storage areas. Those conditional use permits that have allowed recycled bituminous aggregate have included a condition for a periodic staff review of the condition of the surfacing to determine its adequacy for dust and drainage control. If recycled bituminous aggregate is used, such periodic review should be a condition of approval. If, upon review, the recycled bituminous aggregate surface is determined to be inadequate, the City will require the storage lot to be resurfaced with bituminous asphalt. The surfacing of the outdoor storage areas is a matter to be determined by City officials under this conditional use permit proposal. The applicant should obtain a grading permit from the City prior to the reconstruction of the proposed outdoor storage areas. Storm Drainage - Existing storm sewer is not available for connection by this property. Improvements to the existing storm drainage system are necessary with this application. Storm drainage will continue to be accommodated by the drainage ditch within Highway 149 right -of- way. Utilities - The existing house on the property is connected to City sewer and water main. No new connections to the public water and sewer systems are proposed with this application. Access - Public street access is available from existing driveways onto Highway 149 (aka Dodd Road) to the west. The upgrade of Highway 149 in 2007 provided for turning movements at both of these accesses to be right -in/ right -out only. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit for the outdoor storage to allow outdoor storage of salt /sand, pallets and related landscape equipment and materials. No new construction is associated with this proposal other than the addition of a garbage dumpster and bins for landscape material. The existing garage located behind the office building is in disrepair and will be demolished. The site is located in an industrial area and the proposed outdoor storage occurs in the side and rear yards of the property. The proposed outdoor storage satisfies four of the six outdoor storage criteria. The outdoor storage standards not met include an enclosure and surfacing. A full enclosure may not be necessary given the use, location and surrounding uses. The surfacing is consistent with other I- 1 zoned properties. Conditions which are satisfied include setbacks, parking, access /circulation and screening. City policymakers should determine whether a full enclosure is necessary. City policymakers should also determine whether recycled asphalt aggregate is appropriate for the outdoor storage area. �� Planning Report — Suburban Landscape Services June 26, 2012 Page 7 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of salt /sand, pallets and related landscape equipment and materials on property located at 3486 Dodd Road legally described as parts of Lots 4 and 5, Loren Place. 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. This Conditional Use Permit shall replace the existing Conditional Use Permit for the property, which was approved on September 6, 2011. 3. Landscape materials are limited to those items shown on the approved Site Plan dated June 6, 2012, including, rock, mulch, dirt, sand and recycled landscape. 4. The covered storage shall be limited to sand and salt per the approved Site Plan dated June 6, 2012. 5. The fabric cover for the salt and sand storage shall be kept in premium condition. Replacement of the fabric cover shall occur immediately if it falls into disrepair. 6. The pallet storage shall not exceed eight feet in height. 7. No additional outdoor storage shall be allowed other than what is identified on the Site Plan dated June 6, 2012. 8. (A)The outdoor storage /parking areas shall be surfaced with bituminous asphalt. •' (B) Recycled asphalt aggregate shall be used for the portions of the outdoor storage areas. If recycled bituminous 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 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. 9. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage areas. 10. All parking and storage areas shall be properly maintained to prevent deterioration. 11. All signage shall meet City Code requirements. �O Planning Report — Suburban Landscape Services June 26, 2012 Page 8 12. The existing garage shall be removed as identified on the Site Plan dated June 6, 2012, in order to provide necessary emergency vehicle drive aisles. The applicant shall obtain a demolition permit and remove the structure prior to October 1, 2012. 13. The applicant shall obtain a building permit for the dumpster enclosure by October 1, 2012, and the enclosure shall meet City Code requirements. 14. In lieu of lock boxes, the applicant shall leave the gates to the property open indefinitely. 15. The applicant shall obtain a zoning permit for the storage bins. 16. All required site improvements shall occur by October 1, 2012. �0 �- Location Map Project Name: Suburban Landscape 2012 /Collin Merrill Request: Conditional Use Permit Case Nos.: 13- CU- 02 -04 -12 City of Eap 0� Legend J®11® 16,4City Boundary O Parcels Parks /\ Buildings N ' ' I Feet 0 500 1,000 2,000 City of Eap 1 -1 1 -1 Limited Industrial PD Subject Site PD 1 -1 P Min Land Use Plan IND Limited Industrial Subject Site Iu,W VA Z\ N 0 300 600 1,200 Feet Current Zoning and Land Use Map Application: Suburban Landscape Service, Inc- Type: Conditional Use Permit Case No.: 13- CU- 02 -04 -12 (Q6- ' � g All Q' r _ $ - a 5 r e t o: l ¢ Y43 z 1 a k�. oa �r t may. � - x - - €'ift+ .♦ �+. �```�: - }� - : r �'- ,_ R`,3 -�� Est � '- a e, a _ . +. - 1 is _ , '� ♦ �..� r"' �u OX Atr_ W 4 i 'Tz '.w ya t 4 � } J • r PROP SITE FLAN r r m II O I W O NN w ^ L. x O u O F11 O (n m z II III II II �o a m to J P ".pp:' �ssssm�-'� eases e= PROPERTY NNE ■ _. — _ _ 11DE YARD SET BACK (200) _ __ - - _ — _ _ S 16 e — - `0' F � PROPERTYY UNE N Z� ) i a gg � 6a O # A \ 0 b i 9 I j a I PROPERTY LINE g ; X FY v, \ I I \� I Y I ( PROPERTY. LINE SEE YARD BACK (1-0) O F p Id4' INd 10 IOb' .10 IOb' 10' 10'4' T BACK 5 1 Ill ✓jai PROPERTY LINE 9 _ — 2YQCtf -- E m �p M M Wang C m o _ C Z � 1—� CUSTOM DESIGNED PLANS FOR: 114m, c l SUBURBAN LANDSCAPE SERVICE N ! o PROPOSED SITE PLAN NNNJN� Ip� 3486 DODD ROAD OONN°N Z: ! .ATeTnlES..! EAGAN, MN 55123 .LanOONd IVNO1ldana3 m s3aolnV NV As a3anaONd L - (^ • i • try EXISTING SITE PLAN PROPUly UNE --PA(00-- PAQPERTY LINE (09 NARRATIVE � NA Y 11 Suburban Landscape Service, Inc. sis Office: 651.454.3521 3486 Dodd Road � Eagan, MN 55123 e -mail: info a@slsdesigmm�.com design www .suburbanlandscapeservice.com One Company... Total Care. Second Application for Conditional Use Permit. • Comprehensive Guide Plan design (existing and proposed) Suburban Landscape Service, Inc. ( "SLS) has three areas of focus: 1. Lawn Service 2. Landscaping 3. Snow Removal Please review previous narrative from August 2011 on company history. Our company has continued to grow since we last applied for our Conditional Use Permit in August 2011. These tough economic times have been very challenging to grow as a small business. We are proud to say we have grown and are celebrating our SOth anniversary in 2012. Along with this growth comes the need for more equipment. We simply cannot afford to build a larger shop at this point. We need to maximize our outdoor storage at our location. We have built a very nice 8 ft, fence and two gates at each entrance providing excellent screening to the public eye. Further explanation of our conditional use permit as per request. Explanation asterisk relating to covered sand /salt: Asterisk was removed and not intended to be on site plan. A fabric cover for the salt /sand storage shall be kept in premium condition. Clarify what is meant by summer /winter storage will remain year round;prior discussion was that equipment used in summer would be stored in winter and vice - versa, the narrative would be best to explain more detail. Outdoor storage area will have a variety of pallets with pavers, retaining wall block, Bobcat attachments such buckets, brooms, forks, plows, snow blower attachments, water tanks, salt /sand spreaders and additional landscaping equipment and materials all year round. I have reviewed Reliable Property Services CUP (which has already been approved) and there was not nearly as much detail explanation on their outdoor storage area. F90 Not utilizing the lock box: We chosen not to install the lock boxes on gates. We can't afford $250 per lock box. We determined a simple steel clasp the secure gates is just fine for us. Removal of existing garage and replacement with a lean -to as discussed is not on part of this site plan. We will apply for a separate building permit at a later time. • Zoning classification (existing and proposed) Limited Industrial. Same as requested in petition. • What you want to do; timing /phasing SLS would like to begin and complete its site project as soon as possible. • Existing land uses on subject property. Same as requested in petition. • Surrounding land uses and zoning within 660 feet. UPS to the North Vacant lot to the South Empty commercial building to the east Highway 149 to the West. See also certified radius previously provided. l NARRATIVE 1 MVERMR)' 1902 ;?007 "tMNv"" 4 Written Narrative Comprehensive Guide Plan designation (existing and proposed) Suburban Landscape Service, Inc. ( "SLS ") has three areas of focus: 1. Lawn Service 2. Landscaping 3. Snow Removal l JBIBIB Member Collin Merrill is the sole owner of SLS. Mr. Merrill's uncle, James Gooselaw, started SLS in 1902. SLS have been operating from 3486 Dodd Road in Eagan since its inception in 1962. SLS is proud to be in business for two generations strong and have had the same address and business phone number for 50 years. Mr. Gooselaw retired from working in the field in 2000 and Mr. Merrill officially became the owner. In the past 10 years, Mr. Merrill has been steadfastly committed to growing the company and providing a livable wage for not only his family but also his employees' families, SLS currently employs 10 year -round employees, Like numerous other small businesses, SLS has felt the effects of an extremely difficult economy in the past three years. However, SLS is very proud that it has been able to persevere through the economic downturn, remain in business and continue to employ hardworking individuals. It is SLS's hard work and established relationships with residential and commercial clients, including many in the City of Eagan, that have afforded SLS the ability to keep the "lights on." Over half of SLS's revenue comes from clients in the City of Eagan, SLS is truly proud to be a locally owned and community based company. In the summer months of approximately April to October, SLS provides weekly lawn service and performs landscape projects for clients throughout the metropolitan area. In the winter months of approximately November to March, SLS performs snow removal for clients throughout the metropolitan area. There are no hazardous materials stored on site, such as fertilizer, as these services are outsourced. Obtaining an outdoor storage permit is needed as SLS does not have garage space big enough to store all of its equipment inside. SLS will have 7 trucks, 5 trailers and two bobcats parked outside throughout the year. It is SLS hope and intention to build storage space in the future. However, due to economic hardship given the state of the economy, SLS does not have the financing to build storage space at this time. Therefore, an outdoor storage permit is critical for the continued existence of the company. • Zoning classification (existing and proposed) Limited Industrial. Same as requested in petition. 'la 8 6 What you want to do; timing /phasing Sl_S Would Like to begin and complete its site project as soon as possible. ® Existing land uses on subject property Same as requested in petition. o Surrounding land uses and zoning within 660 feet UPS to the North Vacant lot to the South Empty commercial building to the East Highway 149 to the West See also certified radius report previously provided. 1 1 � 9-:. Larkin HoJJ a�nl. AYT,,RNEYS June 19, 2012 City of Eagan Planning Department Municipal Center 3830 Pilot Knob Road Eagan, Minnesota 55122 al 1 11,1;•: U ��, , Larkin Hoffman Daly & Lindgren Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 -1194 GENERAL: 952 - 835-3800 FAX: 952- 896 -3333 WEB: www.larkinhoffman.com Re: Easement Held by James P. Walsh and Helen C. Walsh over land subject to Conditional Use Permit ( "CUP ") Application by Suburban Landscape Service, Inc. Case No. 13- CU- 02 -04 -12 Our File No.: 31466 -00 Dear Planning Department: This law firm represents James P. Walsh, Helen C. Walsh, and Ablecraft Fabrication (collectively, "Ablecraft ") in connection with the CUP application submitted by Suburban Landscape Service, Inc. ( "Suburban "). Suburban seeks a CUP to increase the amount and locations of outdoor storage on its property constituting Lots 4 and 5, Loren Place, and located at 3486 Dodd Road. Ablecraft owns property to the east of Suburban's property with a street address of 3500 Dodd Road. The Ablecraft property is completely landlocked. Ablecraft owns, uses, and depends on an easement over the Suburban property to access its property. If granted, Suburban's CUP would prevent the use of the easement. Ablecraft, therefore, respectfully requests that the City deny Suburban's CUP application. Since at least 1956, the Suburban property has been burdened by an easement over the southerly 16.5 feet of Lot 5. Enclosed for your reference is a copy of quitclaim deed granted in 1956 and recorded in 1957 establishing the easement. The easement has been used in the six decades since then and, as indicated above, is required to provide access to the landlocked Ablecraft property. The parties in the recent years obtained certificates of survey indicating the location of the easement. For your reference, I have enclosed copies of the 2008 and 2011 surveys of both properties, both of which depict the location of the easement on the Suburban property. Additionally, even more recently, the owner of the Suburban Property, James H. Gooselaw, instituted litigation to quiet title to the property. In a December 21, 2011 Order and Decree of Registration, the Dakota County District Court adjudged and decreed that Mr, Gooselaw is the owner of the Suburban property, but his ownership is subject to the easement benefitting the Ablecraft property. I have enclosed a copy of the Order and Decree for your reference. The Ablecraft property is presently improved with a building. The property is and has been for sale. Because the Ablecraft property is landlocked, the ability to use the easement is essential. If the easement is blocked by Suburban, not only will employees and customers be unable to access 11 y City of Eagan Planning Department June 19, 2012 Pave 2 the Ablecraft property, but emergency personnel will also be prevented from accessing the property. At the May 22, 2012 planning commission initial public hearing regarding Suburban's CUP application, City staff indicated that the easement in favor of the Ablecraft property is not a matter bearing on the CUP application. The existence of the easement does, however, require that the City deny the Suburban's application. The City "application requirements" for a CUP application request project plans showing existing conditions including, among other components, "on -site easements." Suburban's application does not show the Ablecraft easement and, therefore, should be administratively rejected as incomplete in a material respect. Moreover, the City Ordinance, § 11.50, subd. 4, indicates the impropriety of Suburban's CUP application. The City Council may issue a CUP "only if it finds that such use at the proposed location" complies with numerous criteria. City Ordinance, § 11.50, subd. 4.C. Among the criteria with which a CUP must comply to be issued are the following; 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. Will be designed, constructed, operated and maintained so as to be compatible in appearance and use with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Id. Furthermore, the City Ordinance clearly contemplates that a CUP must not destroy "the value of other property within the district." Id., § 11.50, subd. 4.1). Suburban's CUP violates each of these criteria. It obliterates the easement, detrimentally impacting the Ablecraft property which relies on the easement for access to public roads. It would prevent the Ablecraft property from being used or sold, destroying the value of the City of Eagan Plarming Department June 19, 2012 Paae 3 property. It will create an inaccessible landlocked parcel within the City. It will endanger occupants of the Ablecraft property by preventing public safety service access. It will not be compatible in use with the existing character of the general vicinity due to its intended and actual destruction of the easement. It will be hazardous and detrimental to the Ablecraft property and to persons and the general welfare. And it will interfere with vehicular ingress and egress to the Ablecraft property given that the easement is the only route to that property. For all of these reasons, we ask that the City Suburban's CUP application. If you have any questions or would like additional information about Ablecraft and its property, please contact me. Sincerely, ulie N. Nago ci, for Larkin Hoff n for & Lindgren Ltd. Direct Dial: (952) 896 -1525 Fax: (952) 842 -1772 Email: inagorski@larkinhoffinan.com Enclosures cc: Ablecraft Fabrication 1410188.1 1 1(a / Z 58 DEED RECORD No. 258, D A KOTA COUNTY, MINN. ln�tru nwrtt Xc...- r ?SOQIt� . ....................... Fucd for rraord thu_ 16"daY _._., __.. ._. _...,.__.....__ ......... _.. _... d. P. I9.SZ a1._...... ,._o'rlack._.l ,_.,1/, To __, Robert C. lfrunaond & trite °-_--......,--... �..-• d••,, �t' o]. ehons .._,_.._...,_,JNt�tu•n /pradr' ._....... �......,.._._..,_...._._ ....._,..._.........._.._.._.., 17,__ . ... .... -XI K.—NOAPT1.4 ...... DeputV, ZW 30ent Made th _.. _day of No o0)er 19 r t4_, bcewcen.....__ a I%!e anq Roso lama, alyo knocm ne Roso RnLo. hUhRnd And v1tA of too County of _ Hi I Bortutgb ._Led State o Morida W t iaa of the first pan, wd-- ., ^.Ko�ait_Q �jpdytuldg (hyllia R. Ra rcm p� y Mrghand gpd yff,CP of the Couuty of _ nn,ay�e and State O II _ parties of tba' part, Witnerttrtfj, That the mid part Jes of the first part, in consideration of the sum of t +.hem in hand paid by the said parties of the scoond part, the receipt whereof is harsby acknowledged, do_ _hottby Grant, Bargiln, Quitclaim, and Convey unto the said parties of the aer end part as joint tonanta and not as tenants in common, their asaiprta, the survivor of said partial, and the heirs and assigns of the survis r, Forever, all the tract parcel........of land lying and being In the County of Dakota and State of Minnesota, doscribed as fnllows, to -wit; Beginning at the nouthwuuturly cornur of Wt ono (1) or la:vn Plaon; thence northerly along the iust.rly line or wild Lot or (1), on) hundrad (100) faun to a point; tlwnoa northeaatorey on n lane parallel with th' ooutherly line of said IAat Onu (1) to a point on the unstarly line t ieroorl e•honoe southorly along the uaisterly line of artW LDU One (1) to ,to southuasterly cornar theveort thunaa southwoster•ly along lair southeastorfy line or onld Lot One (1) to iho point of beginnirigl togetlicr with an eascmant ror ingroas and egroea over the oouthorly sixtoon mid five tonths (16,5) root :e Lot Five (5) or Lore Place, I �1L li Cho *Ibr anb to P01101C pone, - Together with aR the heraltAmenu and appurtetutnees thtreunio btfonslag :, in auywlsi appertaining to the sald•pnrties of the second part, their assigns, the vurvivor of mid parties, and the heirs and asatgns or the survivor, Forever, the mid patties or the accand part taking u joint tenants and not as tenants in common 31n Weatiatwip Wtrtol, The said par 105 of the first part h %a—litmunto set Ekt4ir h•n ti.9 the day and year first above vrrittw. in Prescacs of fid -one Qaorgy Hal.r _ I Rose H. Ha'.e J I Li 0, Jones Jr. _^ Florida btaitt of Ainutotaf ar, County of H llsbW ' 19 h On thi bwarttietjl d ay of D.Voub eC 19.5G_, before me, it xut ary Pobl I •o_ %Ylthln and for said County, personally api ear d— Qs'o .l;:� Hele and RovrHalo, A.l a�s0 on Rose 9, HAla, awn. n �tRf e to me known to be the pemn 0 described in, and who executed the foregoing instrument. ;and ncknowlcdgtd that.___.. t itcy�execuud the same x their t ree ate and fine Grano A. Robe Grano A. Roberts - ' Notary Public ltotaryPabR St t 01p 1 9rld9 Crouat> bfinn- Florida State at Largo, mycommissionexpires_ July 27 1917._ L: Pon 6 -H, F Ism— Emu us -SH ME 1 - MEN Hip S Am HIM! O L . .. .. ...... J u l - "' A 1U veo CIP: I \A\G f L �; AO 0 0-1 1 i 13 i / L( 1-7'B Q. F� �� I 1 0 -1 yb I /�v // s�P�e 5 ld 11 f T - I 1 c,:: '19, n NO ;! Mil Rz %la zzza F� �� I 1 0 -1 yb I /�v // s�P�e 5 ld 11 f T - I 1 c,:: '19, n F� �� I 1 0 -1 yb I /�v // s�P�e 5 ld 11 f T - I 1 c,:: '19, STATE OF MINNESOTA COUNTY OF DAKOTA In the Matter of the Application of James H. Gooselaw, DISTRICT COURT FIRST JUDICIAL•DISTRICT Court File No.: 19HA -CV -10 -4091 ORDER AND DECREE OF REGISTRATION To Register the Title to Certain Land. 'rho above entitled matter, upon the motion -of the applicant, came on .for hearing at the Dakota County Judicial Center in the City of Hastings, said County and State, - and the Court having duly considered the Application, the Report of the Examiner of Titles and the evidence adduced by the applicant, finds: 1. Except as hereinafter provided, the facts and the opinion upon the title stated in the Report of the Examiner of Titles are true and correct. 2. All requirements of the law in respect to the application and any amendments thereto have been . complied with and except as hereafter provided all of the defendants in this proceeding have been duly served with process as required by law or have consented to the —" registration herein. It further appears that no answer or appearance has been made by any defendant in this proceeding, except for the following: a) Answer of Defendant City of Eagan to Applicant's Land Title Summons which was filed on February 23, 2011, but which assents to the registration of Applicant's land as set forth in the Examiner's Report to the extent Applicant's registration does not impact or affect the City of- Eagan's easement interest in the land, which easement was recorded on March .26, 2010 as Document No. 2721392. b) Response of Defendant Minneagan Real Estate Company dated February 23', 2011, to'the Dakota County District Court Administrator, but which confirms said Defendant will.make no objection to Applicant's registration, provided that no alteration. to the legal description is made. c) Response of Defendant State of Minnesota dated February 18, 2011, authorizing the Applicant to'proceed by default against the State of Minnesota provided that Applicant is willing to .include a subject clause in the Decree of Registration as proposed by the Examiner of Titles in Paragraph 4(l). of the Examiner's Report. FILED GAKOTA COUNTY CMoIYN M. RENN, Court Administrator DEC 2 i 2011 d) Response of Defendants Helen and James Walsh dated February 21, 2011, authorizing the Applicant. to proceed by default, provided that no alteration to the legal description is made. 3. That Defendant Edward F. Sachs is deceased and his heirs are unknown; 4. That Defendant Leona F. Sachs is deceased and her heirs are unknown; 5. That Applicant has not affected the City of Eagan's easement interest in the land that was recorded on March 26, 2010 as Document No. 2721392. 6. That Applicant has not altered the legal description of his Application. 7. Except as hereinafter provided, none of the defendants named in the Summons and any amendments or supplements thereto have any right, title, estate, lien or interest in the premises hereinafter described. 8. According to the last official assessment thereof, said premises are of the market value of $111,100.00, exclusive of improvements. 9. The premises are occupied by Applicant. 10. That the Applicant and his predecessors in interest have acquired title to any portion of the within land which may be owned by the defendants named herein by adverse possession, by occupying it for fifteen (15) consecutive ,years in a manner which was actual, open, continuous, hostile, exclusive and accompanied by an intention to acquire adversely. 11. That the Applicant has had, the land involved herein surveyed, and Judicial Landmarks set, by Rehder and Associates, Inc., of 3440 Federal Drive, Suite 110, Eagan, Minnesota 55122, and has filed herein a Certificate of Survey dated December 28, 2009, and revised September 23, 2011 and November 10, 2011, which shows the legal description, boundary lines and Judicial Landmarks of said premises claimed by the Applicant, and the said legal description, boundary lines and Judicial Landmarks are as shown upon said Certificate of Survey. NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED, as follows: 1. A default as to each defendant named in the Summons and any amendments or supplements thereto and "all other persons or parties unknown claming any right, title, estate, lien or interest in the real estate hereinafter described" is hereby entered in the above entitled action. 2. Thus, James H. Gooselaw is the owner of an estate in fee simple in the following described land in the County of Dakota, State of Minnesota: Pa 0 See attached Exhibit A , 3, Said land is brought under the provisions and operations of Minnesota Statutes Chapter 508, and that the title thereto is confirmed and registered as provided in said act; subject, however: To any right or encumbrances which may be subsisting as specified in Section 508.25, . Chapter 508, Minnesota Statutes, and all acts amendatory thereof; and A. Easement for highway purposes, together with any incidental rights in favor of State of Minnesota, as contained in the Final Certificate, dated November 26, 1962, recorded April 1, 1963, in Book 284 of Deeds, Page 38. Also .limits the right of access. B. Ingress and egress easements as contained in the Deed recorded January 16, 1957, in Book 258 of Deeds, Page 58 and various subsequent documents over the southerly 16.5 feet of Lot.5 of Loren Place. C. Right of way, drainage and utility easement, sidewalk, trail easement to City of Eagan dated January 29, 2007,. recorded March 26, 2010, as Document No. 2721392, 4. Applicant James H. Gooselaw.is over 18 years of age, is under no legal capacity, and is single. Applicant has never been divorced. 5. That the legal description, boundary lines and Judicial Landmarks of said premises are all as described, located and shown on the Certificate of Survey dated December 28, 2009, and revised on September 23, 2011 and November 10, 2011, by Rehder and Associates, Inc., of 3440 Federal Drive, Suite 110, Eagan, Minnesota 55122, a copy of which Certificate of Survey is on file with the Court. 0R DEJ2 FOR JUDGMENT THERE IS NO JUST REASON FOR DELAY; LET JUDGMENT.BE ENTERED ACCORDINGLY. Dated at Hastings, Minnesota � a The foregoing facts were found by me and . the entry of the ORDER AND DECREE OF REGISTRATION is recommended. JAMF O'CONNELL, EXAMINER-OF TITLES �1 J " es P. onnell tree entered this L _ day of , 20 A rolyn M. Renn First Judicial Administrator By: Deputy 4 n z EXHIBIT A LEGAL DESCRIPTION 'That part of Lots. 3,,., 4, and' 5, LOREN PLACE, according to the recorded plat thereof, dnd part of the South Nalf of .the.' Northeast -Quarter of. Section 13,• Township 27,' Range 23, Dakota County, Minn. esota, described as follows: Commencing at the n•ortheast'corner pf th.e Southwest Quarter of the Northeast Quarter of said Section 13; ' thence, South 7 degrees 15 minu..tes. 46 seconds East, assumed bearing, ' along ` the westerly line of U:P.S. 2ND ADDITION, 'acco'rding, to the recorded plat thereof, Dakota County, Minnesota, a distance of .42.88 'feet; thence South 64 degrees. 04 minutes 48 seconds West a distance of 329.82 feet; thence North 26 degrees 20 minutes 41 seconds, West a distance of 9.60' feet to. a Judicial Landmark and the point of beginning of land to be described; thence South 26 degrees • 20 minutes 41 seconds. East a distance of 46.61 'feet; thence South 64 'degrees 27 minutes 35 seconds West a distance of 16'.20• feet; thence. 'South ,25 ' degrees 23 minutes 55 seconds East a - distance of 64.88 feet; thence South 64 degrees 12 minutes 09 's-econds' West a distance of 26.50 feet; thence South 23 degrees 14 minutes .46 seconds East a distance of 90.78 feet; thence North. 61 degrees '24 minutes 54 seconds East a distance of 48.71 (eet; thence South 26' degrees 20 minutes 41 second's East .a distance of 27..04 feet to a Judicial Landmark on, the northerly line of KSTP, according • to the recorded plat thereof, Dakota County,' Minnesota; thence South 63 degrees 45 minutes 40 seconds West, along said northerly line, a distance of 200.75 feet' to' a Judicial •Landm,ork; thence continuing South 63 degrees 45 minutes 40 seconds West, along said northerly line, a distance. of 24.25 feet to the most westerly corner of said ' KSTP; thence North 26, degrees 20 minutes 4.1.• seconds West, along the southeasterly extension of the southwesterly line . of said •LOREN PLACE and along said southwe;:;terly line, G- distance 'of 228.04 ..feet to the 'intersection with a line that bears South 64 degrees 04 •'minutes 48 seconds West from the'.point of beginning; thence North 64 degrees 04 minutes 48 seconds East a distance of 24.72 'feet to a Judicial Landmark,. thence continuing North 64 degrees 04 minutes 48 seconds East 'd distance of 200.28 feet to the point of beginning. Larkin HQ ATTO i Larkin Hoffman Daly & Lindgren Ltd, RNRYS '�" C is � �� ED 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 -1194 GENERAL, 952. 835 -3800 FAX: 952. 896.3333 WEB7 wwwlarldnhoffman.com June 19, 2012 City of Eagan Planning Department Municipal Center 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Easement Held by James P. Walsh and Helen C. Walsh over land subject to Conditional Use Permit ( "CUP ") Application by Suburban Landscape Service, Inc. Case No, 13- CU- 02 -04 -12 Our File No.: 31466.00 Dear Planning Department: This law firm represents James P. Walsh, Helen C. Walsh, and Ablecraft Fabrication (collectively, "Ablecraft ") in connection with the CUP application submitted by Suburban Landscape Service, Inc. ("Suburban"), Suburban seeks a CUP to increase the amount and locations of outdoor storage on its property constituting Lots 4 and 5, Loren Place, and located at 3486 Dodd Road, Ablecraft owns property to the east of Suburban's property with a street address of 3500 Dodd Road, The Ablecraft property is completely landlocked. Ablecraft owns, uses, and depends on an easement over the Suburban property to access its property. If granted, Suburban's CUP would prevent the use of the easement. Ablecraft, therefore, respectfully requests that the City deny Suburban's CUP application. Since at least 1956, the Suburban property has been burdened by an easement over the southerly 16.5 feet of Lot 5. Enclosed for your reference is a copy of quitclaim deed granted in 1956 and recorded in 1957 establishing the easement, The easement has been. used in the six decades since then and, as indicated above, is required to provide access to the landlocked Ablecraft property. The parties in the recent years obtained certificates of survey indicating the location of the easement. For your reference, I have enclosed copies of the 2008 and 2011 surveys of both properties, both of which depict the location of the easement on the Suburban property. Additionally, even more recently, the owner of the Suburban Property, James H. Gooselaw, instituted litigation to quiet title to the property. In a December 21, 2011 Order and Decree of Registration, the Dakota County District Court adjudged and decreed that Mr. Gooselaw is the owner of the Suburban property, but his ownership is subject to the easement benefntting the Ablecraft property. I have enclosed a copy of the Order and Decree for your reference, The Ablecraft property is presently improved with a building. The property is and has been for sale. Becatise the Ablecraft property is landlocked, the ability to use the easement is essential. If the easement is blocked by Suburban, not only will employees and customers be unable to access City of Eagan Planning Department .Lune 19, 2012 Page 2 the Ablecraft property, but emergency personnel will also be prevented from accessing the property, At the May 22, 2012 planning commission initial public hearing regarding Suburban's CUP application, City staff indicated that the easement in favor of the Ablecraft property is not a matter bearing on the CUP application, The existence of the easement does, however, require that the City deny the Suburban's application, The City "application requirements" for a CUP application request project plans showing existing conditions including, among other components, "on -site easements," Suburban's application does not show the Ablecraft easement and, therefore, should be administratively rejected as incomplete in a material respect, Moreover, the City Ordinance, § 11,50, subd, 4, indicates the impropriety of Suburban's CUP application, The City Council may issue a CUP "only if it finds that such use at the proposed location" complies with numerous criteria, City Ordinance, § 11,50, subd. 4.C, Among the criteria with which a CUP must comply to be issued are the following: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city, 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance and use with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood, 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets, Id. Furthermore, the City Ordinance clearly contemplates that a CUP must not destroy "the value of other property within the district," Id,, § 11,50, subd, 4,D, Suburban's CUP violates each of these criteria, It obliterates the easement, detrimentally impacting the Ablecraft property which relies on the easement for access to public roads, It would prevent the Ablecraft property from being used or sold, destroying the value of the MIN City of Eagan Planning Department June 19, 2012 Page 3 properly. It will create an inaccessible landlocked parcel within the City. It will endanger occupants of the Ablecraft property by preventing public safety service access. It will not be compatible in use with the existing character of the general vicinity due to its intended and actual destruction of the easement, It will be hazardous and detrimental to the Ablecraft property and to persons and the general welfare. And it will interfere with vehicular ingress and egress to the Ablecraft property given that the easement is the only route to that property. For all of these reasons, we ask that the City Suburban's CUP application, If you have any questions or would like additional information about Ablecraft and its property, please contact me. Sincerely, ulie N. Nago ci, for Larkin Hoff n Daly & Lindgren Ltd. Direct Dial; (952) 8961525 Fax; (952) 842 -1772 Email; jnagorsk1 1arki.nhoffman coin Enclosures cc; Ablecraft Fabrication 1410188.1 i Robert B. Bauer 7300 West 147` Street, Suite 600 Apple Valley, MN 55124 Office (952) 432 -3136 Direct (952) 953 -8847 Fax (952) 432 -3780 rbauer @dmshb.com CC: Michael J. Ridley, AICP City Planner FROM: Robert B. Bauer, City Attorney DATE: June 25, 2012 RE: CUP Application of Suburban Landscape Service, Inc. Our File No. 206 -32529 Sarah, This memo is in response to correspondence dated June 19, 2012, from Julie Nagorski, attorney for James P. Walsh, Helen C. Walsh, and Ablecraft Fabrication concerning the application for a conditional use permit by Suburban Landscape Service, Inc. In Ms. Nagorski's correspondence, she indicates that her client owns property to the east of the applicant's property that is landlocked absent an easement over the applicant's property. As a result of this easement, Ms. Nagorski believes that the City should deny the conditional use permit as it may adversely impact access to the property. The City considers easements to be a private matter between private property owners and are not considered by the Advisory Planning Commission or City Council when reviewing a land use application. If Ms. Nagorski believes that the applicant is obstructing the easement, her client has other remedies available to enforce any rights it may have under the easement. As you may recall, the application was continued to request a more detailed site plan. You should send Ms. Nagorski a copy of the revised site plan submitted by the applicant. Me M.3 Larkin Hoffi,nan Larkin Hoffman Daly & Lindgren LW. 1500 Wck Fargo Plaza 7900 Xerxes Avenue South Minneapolis, Minnesota 55431-1194 °,°m^.. 952-835-3800 ~= 952-896-3333 June 26, 2012 Adv Planning Commission Ci of Eagan Municipal Center ]830 Pilot Knob Road Rn/au,Minucoota 55122 Via Email AP(1 com Do: Conditional Use Permit ("CUP") Applicat hvSuburban Landscape 3crvice,\mr. Case No. 1]-L%]-02~04-12 Our File No.: 31466 [)euc : As you are aware, this law firm represents JarnesP. Walsh, Helen C, Walsh and&blecraft Fabr owner of3500 Dodd Road, iu connection with the CUP application Submitted hvthe aduorut landowner Suburban Landscape Service, Inc. ( Today vve received from the City Planner a copy ofSuburban's June 6, 2012 revised Proposed Site Plan Cor its 0,1 opp|iouduo. We have also now obtained u copy nf the Planning Report concerning the application. Suburban's CUP application seeks to place outdoor storage that encroaches some 15 feet within the 20-foot rear yard setback and, therefore, the Walshes and Ablecraft respectfully request that the City deny it, Thc Ordinance requi that a "storage area . . . shall not encroach into any required front building setback area o« any other required octbncko." Ordinance, Section 11.70,sukd. 22. It furthers proscribes a 20-foot rear yard setback for properties within the 1-1 zoning district. 6d Soodnu 11.00 14(E). And it prohibits the issuance o[u CUP unless the property ioio compliance with the City Code. let, Section 11.50,anbd.4(C). Tbc application itself demonstrates clearly that. d violates the Ci Code 0f Ordinances because ii encroaches oothe rear yard setback hyl5feet. 8uburboo`V proposed site plan de parking spaces for four large trucks io the northeastern- most corner of the property, immediately adjacent to the Ablecraft property line, Just south of those parking spaces, Suburban plans to build four outdoor storage areas to hold mulch, Class 5, and sand and salt, Those outdoor storage areas are within the 20 foot setback, as the site plan dnorooutrnteu. Moreover, (bcao storage mena will boax close cis ton fcctfiocn the front door of our clients' building. See the enclosed photographs. Accordingly, they violate the City Code and the CUP application must be denied. The City Staff report erroneously states that the "proposed storage meets required xethVoko." Report, p. 4. The report does not indicate the authority lot this statement. /d The erroneous nature of the statement is apparent from the clarity of the site p|au`m violations of the Ordinance, The planned location for these storage bins City of Eagan Planni Counoioukon June Zh,20\2 Page 2 is immediately io front 0f the &bleczmft front door reinforcing the need for the storage areas to comply with the (}rdiuou000. In addition to the CUP application's plain violations of the Ordinance, the extreme proximity o[ the storage bins to the Ablcoruftproperty oauuom significant o0ucczue given the runoff that will occur. Suburban plans to store, among other materials, salt and sand within these areas. It indicates that b wit] use only u fabric cover. Dio far from clear that this method ofattempted runoff prevention will. ensure that runoff does not occur. As should be apparent from the June 19, 2012 tetter I submitted, Suburban, Suburban's predecessor in title, and the Walshes have had contentious issues relating to their ad parcels fbrmany years. Snbcobou`o conduct with respect Lo the /\}lecrot\ property forced the VVa|ubnsto iDndtub: litigation in 2007 to register their laud and fix and establish the boundary |iao between the two parcels. That litigation was concluded in 2009, with the Court decreeing the legal description o/F the property owned by the VValsheo. For your information, [have euo|u8ed o copy of the YValahao` initial application kz register the land and o copy of the Court's Order and Decree ufRegistration. There have been, and continue to be, trespasses bySuburban 0o the Ablocraft property — as pictures taken earlier today indicat We merely ask that the City not condone Suburbans persistent and long-lasting efforts to trod on the rights of the Walshes oadAb\eoroD. As indicated previously, the Ablecraft property is presently improved with a building and is and has been listed for ma|o. Efforts on the part of Suburban to violate the 9/a|oboo` rights and to violate the City Code will directly interfere with the marketability ofdhc&b|ocrufiproperty, For all 0f these reasons, vvo'ask that the City Soburbuu CUP application. Sincerely, Larkin [fuffinmzDaJy &[iudprnoLtd, Direct Dial: (952)896'(525 Fax: (y52)X42-|772 .1 ticlomures cc: /\bkXcrm8Fubrc4tionn w|mo.| go AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER JULY 3, 2012 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1, APPROVE EDA Minutes 2. SCHEDULE Public Hearing on July 17, 2012, to Consider Purchase Agreement with Paragon Outlets for Property in the Cedar Grove Redevelopment District D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Professional Services Agreement from Braun Intertec for Next Phase of Environmental Remediation at Cedar Grove Redevelopment District. F. OTHER BUSINESS G. ADJOURN q, Agenda Information Memo Eagan Economic Development Authority Meeting July 3, 2012 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES — The minutes of the June 5, 2012 EDA meeting are enclosed on pages GS through Q,-'4_ 2. SCHEDULE PUBLIC HEARING on July 17, 2012, to Consider Paragon Outlets Eagan LLC's Offer to Purchase Approximately 29 Acres of Real Estate Located in the Cedar Grove Redevelopment District — A tentative purchase agreement has been negotiated with Paragon Outlets Eagan LLC. When an EDA considers the sale of publicly owned property, state law requires that a public hearing be held to consider such action. If this action is approved, notice will be published and the matter will be in order for consideration at the EDA meeting on July 17, 2012. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota June 5, 2012 A meeting of the Eagan Economic Development Authority was held on Tuesday, June 5, 2012 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Community Development Director Hohenstein noted in the additional information item the SRF cost of the Cedar Grove Traffic Study cost is being adjusted to $24,500. Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 CONSENT AGENDA Commissioner Hansen moved, Commissioner Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of the October 18, 2011 EDA meeting as presented 2. It was recommended to authorize Preparation of Updated Traffic Study for Proposed Paragon Development - SRF 3. It was recommended to approve Consultant Agreement for Walker Parking Consultants regarding Proposed Cedar Grove Outlet Center Parking Ramp 4. It was recommended to approve License Agreement for Short-term Storage for Funfest Carnival Staging at Cedar Grove OLD BUSINESS APPROVE STIPULATION OF SETTLEMENT FOR THE PURCHASE OF THE AMERCO/U -HAUL PROPERTY AT CEDAR GROVE Community Development Director Hohenstein gave a staff report. He indicated that staff and the City Attorney had negotiated a tentative settlement with the owner of the Cedar Grove U -Haul location, U -Haul of Minnesota and its parent company, Amerco, for a purchase price of $392,500. Mayor Maguire asked if anyone in the audience would like to comment. There being no public comment, he turned discussion back to the Council. Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve Stipulation of Settlement between the Economic Development Authority and Amerco /U -Haul of Minnesota relative to the EDA's acquisition of the property 3890 Nicols Road Drive in Cedar Grove redevelopment district and authorize the EDA President and staff to execute the documents. Aye: 5 Nay: 0 qI NEW BUSINESS RECEIVE MAXFIELD RESEARCH ANALYSIS OF OUTLET MARKET PROJECT AT CEDAR GROVE Community Development Director Hohenstein gave a staff report. He indicated that the analysis concluded that there is sufficient regional market demand for an outlet center of the size proposed to be located at Cedar Grove and, further, that the outlet center's market is sufficiently different from traditional retail that both the outlet center and the proposed CSM project in the Eagan Central Commons Area could be supported, if both were to be approved for development. Mayor Maguire asked if anyone in the audience would like to comment. There being no public comment, he turned discussion back to the Council. No action required by Council. OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Bakken moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director (° k ' A , Agenda Information Memo Eagan Economic Development Authority Meeting New Business July 3, 2012 1. APPROVE AGREEMENT FOR BRAUN INTERTEC FOR NEXT PHASE OF ENVIRONMENTAL REMEDIATION AT THE CEDAR GROVE REDEVELOPMENT DISTRICT ACTION TO BE CONSIDERED: To approve a Professional Services Agreement with Braun Intertec for the next phase of Environmental Remediation at the Cedar Grove Redevelopment District and authorize staff to execute a work order for the proposal. FACTS: As part of its acquisition, assembly and preparation of the Cedar Grove Redevelopment District for resale and redevelopment, the EDA has previously retained the services of Braun Intertec to coordinate the preparation of Phase I and Phase II environmental reviews, to assist with the environmental evaluation of the area through the Alternative Urban Areawide Review process, to provide on -site monitoring of possible environmental conditions during building demolition, to define remediation steps for specific sites and to facilitate and manage grant applications for remediation. With the conclusion of the property acquisition process and the proposal by Paragon Outlets to acquire and redevelop a substantial portion of the site, it is necessary to take the next steps to address certain environmental steps to prepare the property for resale and coordinate steps that need to occur during construction and post construction with Paragon and MPCA. Staff has requested and Braun has submitted a proposal to conduct the next steps to accomplish this work. At staff s request, Braun has included within this proposal work related to preparation of a Response Action Plan/Clean Up Contingency Plan for the three acre parcel south of Cedar Grove Parkway that is proposed to be redeveloped as a neighborhood park in consideration of the City and EDA's desire to encourage residential and other development densities that do not include substantial private recreational space. ATTACHMENTS: Proposal on pages �fi through 09 ':�.JJ Braun Intertee Corporation 1 1 110110, 952,695.2000 r.Yow—Hampshire Ave, S Fax: 952 Minneapolis, MN 5513 Web: brawiffitertec,com June 28, 2012 Mr, Jon Hohenstein City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Proposal For Environmental Consulting Services Cedar Grove Redevelopment Area Eagan, Minnesota Dear Mr, Hohenstein: Proposal BL -12 -03744 Braun Intertec is pleased to present this proposal for environmental Consulting services during the preconstruction phase at the referenced Site. Background Multiple rounds of environmental investigation and monitoring have been conducted throughout the Cedar Grove Redevelopment Area. Contaminated soil and /or groundwater have been identified on a few of the parcels. We understand that the project will be moving forward to the redevelopment phase. Scope of Work We understand that the City of Eagan is seeking environmental consulting services during the preconstruction phases of the project in order to enroll the project into the Minnesota Pollution Control Agency (MPCA) voluntary brownfields program and receive the appropriate liability assurances and approval as the Site is being redeveloped. To meet our project objective, we are proposing the following scope of services: Task 1— Enroll Into the MPCA PB and VIC Programs To obtain appropriate assurances and approvals from the MPCA, we will assist in enrolling the core area and the proposed Paragon Park site into the Petroleum Brownfields (PB) Program and Voluntary Investigation and Cleanup (VIC) Program. We also will assist in obtaining appropriate liability assurance letters for the identified non- petroleum releases. Liability assurances also will be requested for the developer. As part of this task we will correspond, as necessary, with the MPCA and attend one 2,5 -hour meeting to discuss the proposed Site improvements and response actions. You should be aware that the MPCA might request that additional sampling be conducted at the Site. Task 2 — Phase I ESA Recently, the MPCA began requiring that Phase I environmental site assessments (ESAs) less than six months old be submitted with the voluntary brownfieldsapplications. As part of this task, we will update the previous 2004 Phase I ESA with current aerial photographs and a current regulatory database search, conduct a site reconnaissance and summarize the results of environmental Investigations conducted since 2004 in order to meet the MPCA requirement. AA /EOE Providing engineering and environmental solutions since 1957 City of Eagan Proposal BL -12 -03744 June 28, 2012 Page 2 Task 3 — Prepare a RAP /CCP Braun intertec will prepare two RAP /CCPs, one for the core area and one for the proposed park south of Cedar Grove Parkway, The RAP /CCP will describe the proposed redevelopment, the type and location of contaminated material that are anticipated to be encountered, and procedures that will be used to appropriately manage the impacts. The RAP /CCPs also will provide contingency procedures In the event a UST or other previously unidentified contamination is encountered. The RAP /CCPs will be submitted to the MPCA for approval prior to the start of construction. Task 4 — Brownfieds Cleanup Grant Applications Our scope of services will include preparing an application for the Metropolitan Council Brownfields Cleanup Grant and for the Minnesota Department of Employment and Economic Development (DEED) Cleanup Grant that will include cleanup costs related to RAP implementation. The applications will be prepared by the grant deadline of November 1, 2012, and will include a summary of the project and cost estimate to complete the site remediation. In addition to preparing the applications, we will correspond with you, Met Council, DEED, and city staff during the application process. There are portions of the application that we will need assistance with. We will provide a list of those sections to you for insertion Into the grants. Project Fee We will furnish the services described herein on an hourly and unit -cost basis. The estimated cost breakdown summary is listed below. Task Description Estimated Fee MPCA Program Application, correspondence $ 1,500 and one 2.5 -hour project meeting Conduct Phase I ESA Prepare'RAP /CCP Prepare Grant Applications (includes attending 3 meetings) $ 3,000 $ 5,000 2,500 Total: $12,000 BRAUNI 9`7 City of Eagan Proposal BL -12 -03744 June 28, 2012 Page 3 Acceptance of Proposal Braun Intertec appreciates the opportunity to present this proposal to you. We will begin the project upon receipt of your authorization. The scope of services will be conducted in accordance with the existing Master Service Agreement between Braun and the City of Eagan. The estimated cost of $12,000 presented in this proposal is based on the scope of services described and the assumption that the proposal will be authorized within 30 days and that the project will be completed within the proposed schedule. If the project is not authorized within 30 days, we may need to modify the proposal. If the project cannot be completed within the proposed schedule due to circumstances beyond our control, revising the proposal may be required for completion of the remaining tasks. If you have any questions regarding this proposal, please call Jeremy Hansen at 952,995.2464 or Jennifer Force at 952.995.2454. Sincerely, BRAUN I NTERTVC CORPORATION Y z 'remlah R. Hansen ect Scientist Attachment: General Conditions (6- 15 -06) Authorization to Proceed: Please proceed according to the described scope of services: Authorizer's Firm Authorizer's Name (please print or type) Authorizer's Signature Authorizer's Title Date Proposal - prepare RAP — Cedar Grove - Eagan ten' fe , Force, PG Ass' to Pr ... I T L - _ I`, 1.,7 Agenda Information Memo Eagan Economic Development Authority Meeting July 3, 2012 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED To adjourn the Economic Development Authority meeting. C�q