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08/06/2012 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 6, 2012 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE P, 3 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) Tournament on August 15, 16 and 17, 2012 L. APPROVE Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd _ Catholic School's Septemberfest on September 22, 2012 M. APPROVE Sound Amplification Permit and Waiver of fee for an outdoor event at Faithful Shepherd Catholic School Septemberfest Fundraiser at 3355 Columbia Drive 5 N. APPROVE Resolution Appointing Deputy City Clerks as Acting City Clerks for the purpose of receiving lawsuits 0. DIRECT Preparation of Ordinance Amendment to Chapter 6.53 relative to Consumer Fireworks Permit Fees ,S-0 P. APPROVE Change Order No. 2 for Contract 12 -10, 2012 Storm Sewer Improvements 51) Q. AUTHORIZE a Memo of Understanding with the United States Secret Service for reimbursement of overtime incurred by officers working on financial crime investigations P (aa R. AUTHORIZE Request for Reallocation of Dakota County CDA Redevelopment Investment Grant Funds to Cedar Grove Parkway Trail Project t�3 S. APPROVE an agreement with Urban Land Institute Minnesota (ULI) to participate in a Regional Indicators Initiative and authorize the Mayor and City Clerk to sign the appropriate documents T. APPROVE Final Payment, Contract 10 -11, Ames Crossing Road (Q-3 U. RECEIVE Petition to Vacate Drainage & Utility Easement, Outlot A Boulder Lakes, and schedule a Public Hearing for September 4, 2012 c� ,) V. Release and Termination of Agreements related for Lot 1, Block 1, Eagan Place 4th Addition A. APPROVE MINUTES P. )0 B. PERSONNEL ITEMS C. APPROVE Check Registers D. ADOPT a Resolution accepting donated exercise equipment V "a, E. ACCEPT a grant agreement from Invitation Health Institute to enforce underage drinking laws by administering alcohol compliance checks 3� F. SET Public Hearing date for September 4, 2012 to certify delinquent utility bills G. SET Public Hearing date for September 4, 2012 to certify delinquent false alarm bills H. SET Public Hearing date for September 4, 2012 to certify delinquent mowing bills P I. APPROVE Temporary On -Sale Liquor License and waive the license fee for People of Praise MN, Inc.'s 41St Anniversary Celebration on September 15, 2012 p. yl J. APPROVE Temporary On -Sale Liquor License for Twin Cities Gay Softball World Series' Softball Tournament on August 16, 17 and 18, 2012 P `ia K. APPROVE Temporary On -Sale Liquor License for Twin Cities Goodtime Softball League's Softball Tournament on August 15, 16 and 17, 2012 L. APPROVE Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd _ Catholic School's Septemberfest on September 22, 2012 M. APPROVE Sound Amplification Permit and Waiver of fee for an outdoor event at Faithful Shepherd Catholic School Septemberfest Fundraiser at 3355 Columbia Drive 5 N. APPROVE Resolution Appointing Deputy City Clerks as Acting City Clerks for the purpose of receiving lawsuits 0. DIRECT Preparation of Ordinance Amendment to Chapter 6.53 relative to Consumer Fireworks Permit Fees ,S-0 P. APPROVE Change Order No. 2 for Contract 12 -10, 2012 Storm Sewer Improvements 51) Q. AUTHORIZE a Memo of Understanding with the United States Secret Service for reimbursement of overtime incurred by officers working on financial crime investigations P (aa R. AUTHORIZE Request for Reallocation of Dakota County CDA Redevelopment Investment Grant Funds to Cedar Grove Parkway Trail Project t�3 S. APPROVE an agreement with Urban Land Institute Minnesota (ULI) to participate in a Regional Indicators Initiative and authorize the Mayor and City Clerk to sign the appropriate documents T. APPROVE Final Payment, Contract 10 -11, Ames Crossing Road (Q-3 U. RECEIVE Petition to Vacate Drainage & Utility Easement, Outlot A Boulder Lakes, and schedule a Public Hearing for September 4, 2012 c� ,) V. Release and Termination of Agreements related for Lot 1, Block 1, Eagan Place 4th Addition V. PUBLIC HEARINGS V,99 A. VARIANCE -Raspberry Lane -A 12' Variance to the 30 ft. setback from the public right -of -way for a third stall garage addition line located at 1308 Raspberry Lane VI. OLD BUSINESS VII. NEW BUSINESS p, 9 A. PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT ,VARIANCE — MVTA -A Preliminary \\ Subdivision to create two lots upon approximately 16 acres, a Conditional Use Permit to allow for off -site parking and a Variance to the minimum 25% green space requirement to permit approximately 23% green space for proposed Lot 1 located at 3600 Blackhawk Road VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY T, 11' 1 A. CALL TO ORDER a B. ADOPT AGENDA P C. CONSENT AGENDA 1 a 1. APPROVE EDA Minutes 2. RATIFY Resolution and Findings of Fact regarding the Purchase Agreement between the EDA and Paragon Outlets Eagan LLC for Property Located in the Cedar Grove Redevelopment District 3. AUTHORIZE Preparation of Minnesota Investment Fund Application for Stream Global Services for Improvements at 3245 Northwoods Circle D. OLD BUSINESS E. NEW BUSINESS Q 13� 1. AUTHORIZE Update of Eagan Business Assistance Policy P' 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 Xl. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION X111. ADJOURNMENT a City of Evan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 3, 2012 SUBJECT: AGENDA INFORMATION FOR AUGUST 6, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 6, 2012 City Council agenda, the following items are in order for consideration. 3 Agenda Information Memo August 6, 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 July 17, 2012 Regular City Council meeting as presented or modified. • To approve the amended minutes of July 3, and June 5, 2012 Regular City Council meeting as presented. The conditions of the actions were inadvertently left out. ATTACHMENTS: • Minutes of July 17, 2012 Regular City Council meeting are enclosed on pages' through "� . • Minutes of July 3, 2012 Regular City Council meeting are enclosed on pages through I q . Minutes of June 5, 2012 Regular City Council meeting are enclosed on pages l5 through \Cj . 14 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 17, 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 and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, July 17, 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 Public Works Matthys, Director of Community Development Hohenstein, City Planner Ridley, Police Chief McDonald, Fire Chief Scott, Communications Director Garrison, Director of Parks and Recreation Johnson and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented /modified. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Mayor Maguire recognized the success of the 4th of July celebration and thanked the Funfest Committee and City staff for their efforts. Cory Hilden, Margaret White, Tim White, Ruthann White and Matt McMillan of the Funfest Committee addressed the City Council and shared a letter from Larry Hilden, Eagan's July 4th Chairman of the Board of Directors highlighting the success of the celebration. Mayor Maguire recognized the City of Eagan for being one of the first cities in Minnesota to achieve Step III of the GreenStep Cities Program and recognized the efforts of the Energy and Environment Advisory Commission (EEAC) for their leadership in working with City staff to achieve this goal. Director of Parks and Recreation Johnson, Assistant City Administrator Miller, EEAC members LeClair and Nadav presented the Step III GreenStep Cities Award to the City Council. CONSENT AGENDA City Administrator Hedges requested that Item F., Approve Final Subdivision and Final Planned Development for Nicols Ridge 51h Addition be pulled. Mayor Maguire noted under Item B. Personnel Item - the promotion of John Gorder as City Engineer. The City Council congratulated Mr. Gorder. Mayor Maguire recognized Item E. to Adopt a proclamation recognizing Tuesday, August 7, 2012, as "National Night Out" in the City of Eagan. Police Chief McDonald noted there are 150 registered block parties for National Night Out. The City Council encouraged residents to participate in the National Night Out event on August 7. City Council Meeting Minutes July 17, 2012 2 page Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented, with the removal of Item F. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the July 3, 2012 Regular City Council meeting as presented or modified. B. Personnel Items 1. Approve the reclassification of the Office Support Specialist /Clerical Technician II from Level 3 to Level 4. 2. Approve the promotion of John Gorder for the position of City Engineer and authorize the replacement of the Assistant City Engineer position. 3. Approve amendments to the City of Eagan Personnel Policy Manual. 4. Approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve Check Registers dated July 6 and July 13, 2012. D. It was recommended to approve a Contract Extension with Design Nine for continuing consulting on conduit /fiber installation and authorize a funding transfer. E. It was recommended to adopt a proclamation recognizing Tuesday, August 7, 2012, as "National Night Out" in the City of Eagan. F. Item was pulled. G. It was recommended to award Contract 12 -11 Citywide Trail Improvements. H. It was recommended to approve a Resolution Designating No Parking on Blue Gentian Road (South side - TH 55 to Blue Water Road) and Blue Water Road (Both sides - Blue Gentian Road to TH 55). I. It was recommended to approve an On -Sale Liquor and Sunday License for Andiamo Italian Ristorante, Inc., DBA Andiamo Italian Ristorante, 1629 Lena Court. J. It was recommended to approve a Change Order No. 2 for Contract 12 -06 (Sediment Removal & Outlet Revisions - Water Quality Improvements). K. It was recommended to approve a Change Order No. 1 for Contract 12 -08 (Conduit and Fiber). PUBLIC HEARINGS VARIANCE - EAGAN CAR CLUB (HUNTER /EMERSON LLC) City Administrator Hedges noted the Eagan Car Club Planned Development was approved in April 2012. Subsequent to City approval of the Planned Development, the developer found that there is a discrepancy between the right -of -way of Highway 3 as shown by the actual monuments in the field, the Width Order provided by MnDOT and the Final Certificate document. City Planner Ridley gave a staff report noting the setback affects only Building G of the seven buildings proposed for the site. David Pemberton with Sathre - Bergquist Land Surveyors gave a summary of the project along with an explanation for the variance request. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a building setback Variance of 12.5' to the required 50' setback from a major thoroughfare for property located on the west side of Highway 3, just north of 4135 Highway 3, subject to the condition below. Aye: 5 Nay: 0 0 City Council Meeting Minutes July 17, 2012 3 page If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the permitted Variance. CEDAR INDUSTRIAL PARK EASEMENT VACATION City Administrator Hedges noted on May 31, 2012, City staff received a petition from Bob Brennan, owner of 3771 Sibley Memorial Highway, requesting the vacation of a portion of the existing public service road easement on Lot 2, Block 1 Cedar Industrial Park. On June 19, 2012 the City Council scheduled a public hearing to consider the requested vacation to be held on July 17, 2012. Public Works Director Matthys gave a staff report noting the easement was dedicated with the Cedar Industrial Park plat in 1967. The request would vacate a portion of the easement, 15 -feet by 20 -feet, on the east side of the lot adjacent to the northwest edge of the 40 -feet wide service road easement to accommodate the building of a proposed monument sign on the property. Bob Brennan thanked the City Council for considering his request and noted that he is not the owner but the tenant. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the vacation of a legally described portion of a public service road easement on Lot 2, Block 1, Cedar Industrial Park, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 Mayor Maguire directed staff to initiate a vacation of the entire easement to bring back for consideration at a future City Council meeting. NORTHWOOD BUSINESS PARK 3RD ADDITION EASEMENT VACATION City Administrator Hedges noted on June 12, 2012, City staff received a petition from Dakota County Community Development Agency (CDA), owner and developer of the proposed CDA Northwood Family Townhomes on Lot 2, Block 1 Northwood Business Park 3rd Addition, requesting the vacation of a portion of a public drainage and utility easement within that property. Hedges noted that on June 19, 2012, the City Council scheduled a public hearing to consider the requested vacation to be held on July 17, 2012. Director of Public Works Matthys gave a staff report noting the existing easement was dedicated based upon previous wetland delineation. A new wetland delineation has revised the description of the wetland boundary and the applicant is requesting the vacation of a portion of the easement to accommodate the construction of a proposed townhome with accessibility meeting the American Disability Act (ADA). Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. 9 City Council Meeting Minutes July 17, 2012 4 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the vacation of a legally described portion of a public drainage and utility easement on Lot 2, Block 1, Northwood Business Park 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. Aye:5 Nay:O OLD BUSINESS There were no items for discussion. NEW BUSINESS There were no items for discussion. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY ADMINISTRATOR City Administrator Hedges noted the City received a request from the Twin Cities Heroes Parade asking the City of Eagan to issue a proclamation naming July 28, 2012 as Heroes' Day, to honor members of the military. Hedges noted that while this event is not a City effort, it is consistent with the efforts of the Eagan Yellow Ribbon group. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a proclamation to proclaim July 28, 2012 as Heroes' Day. Aye: 5 Nay: 0 City Administrator Hedges introduced Police Chief McDonald who provided information on the qualifying that is occurring with police officers and firearms. DIRECTOR OF PUBLIC WORKS Public Works Director Matthys noted as part of the July 17 Economic Development Authority (EDA) meeting, the EDA /City Council approved a purchase agreement between Paragon Outlets Eagan LLC and the EDA for approximately 29 acres of property within the Cedar Grove Redevelopment District. With approval of the agreement, the configuration of the proposed development upon the 29 acres proposes a new alignment of Cedar Grove Boulevard. Matthys continued on June 5, 2012, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2013 -2017) and authorized the initiation of the public improvement process for the 2013 programmed improvements. The reconstruction /realignment of Cedar Grove Boulevard was included as part of this approved CIP. Councilmember Hansen moved, Councilmember Bakken seconded a motion to authorize the preparation of a feasibility report by the City Engineer for Project 1088 (Cedar Grove Boulevard — Street 9 City Council Meeting Minutes July 17, 2012 5 page and Utility Improvements) and authorize City staff to begin negotiations with Xcel Energy regarding the relocation of a gas pipeline. Aye: 5 Nay: 0 There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:34 p.m. Aye:5 Nay:0 Date Mayor Clerk I MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 3, 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 and Tilley. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, July 3, 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 Hedges, Director of Administrative Services VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Communications Director Garrison, Police Chief McDonald, Director of Parks and Recreation Johnson, City Clerk Scipioni and Executive Assistant Stevenson. AGENDA City Administrator Hedges noted the addition of Item P. to the Consent Agenda. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Mayor Maguire noted several of the July 4th Funfest activities and thanked the Funfest Committee and City staff for their efforts. CONSENT AGENDA City Administrator Hedges noted a change to Items J and N. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minute of the June 12, 2012 Special City Council meeting and the June 19, 2012 Regular City Council meeting as presented or modified. B. PERSONNEL ITEMS 1. It was recommended to approve a Finance Department Reorganization 2. It was recommended to authorize hiring of Executive Search Firm, Brimeyer Fursman to assist with the recruitment and screening of Finance Director candidates 3. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation C. It was recommended to approve Check Registers dated June 22 and June 29 D. It was recommended to approve a Resolution to accept a donation from State Farm Agents for Fire fighter helmets and authorize the necessary budget adjustment E. It was recommended to approve an Amended resolution adopting and implementing the performance benchmarks developed by the Council on Local Results and Innovation 40 City Council Meeting Minutes July 3, 2012 2 page F. It was recommended to 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. It was recommended to approve Change Order No. 1, Contract 12 -10 - Citywide Storm Sewer Improvements H. It was recommended to approve an amendment to dark fiber license agreement between the City of Eagan and the Minnesota Valley Transit Authority (MVTA) I. It was recommended extension of completion dates for Interim Use Permit - 915 Yankee Doodle Road (Hoovestol) J. It was recommended to authorize Submittal of Comments to Minnesota Housing Finance Agency and others regarding the Dakota County Community Development Agency's proposed River Ridge Family Townhomes at 3206 Sibley Memorial Highway K. It was recommended to approve Encroachment and Maintenance Agreement for Lot 2, Block 1, Eagan Pointe L. It was recommended to approve On -Sale Liquor and Sunday License for Lone Oak Grill, LLC, DBA Lone Oak Grill, 3010 Eagandale Place M. It was recommend to approve Premise Permit for Metro Baseball League to conduct lawful gambling at Lone Oak Grill, 3010 Eagandale Place N. It was recommended to approve a Resolution to temporarily extend the licensed premise of Bonfire Restaurant Co, LLC, DBA Axel's Bonfire located at 1555 Cliff Road 0. It was recommended to 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 P. It was recommended to approve excluded permit for Eagan High School Band Boosters to conduct a bingo event on July 4, 2012 Consent Item N. Sarah Bernu, Assistant General Manager at Bonfire in Eagan explained the need to change the date of their event from July 14 to July 28, 2012. There were no items for discussion. PUBLIC HEARINGS OLD BUSINESS AN ORDINANCE AMENDMENT TO CHAPTER 5 REGARDING HOURS OF OFF -SALE LIQUOR SALES Administrator Hedges noted 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. Hedges stated this came as a result of some discussion at the April 17 Listening Session, when some requests were shared with the City Council about extension of hours for off -sale liquor establishments in Eagan. Councilmember Tilley moved, Councilmember Hansen seconded a motion to 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. Aye: 5 Nay: 0 L1 City Council Meeting Minutes July 3, 2012 3 page NEW BUSINESS CONDITIONAL USE PERMIT— SUBURBAN LANDSCAPE SERVICE —TO ALLOW OUTDOOR STORAGE OF SALT /SAND, PALLETS AND RELATED LANDSCAPE EQUIPMENT AND MATERIALS LOCATED AT 3486 DODD ROAD City Administrator Hedges noted the Advisory Planning Committee held a public hearing on June 26, 2012 and is recommending approval. City Planner Ridley gave a staff report. Applicant Colin Merrill stated he was available for questions. Council discussed the issue. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve 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: Aye: 5 Nay: 0 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. 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. 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. A lock box shall be provided on the southern gate to provide emergency vehicle access to the properties. 15. The applicant shall obtain a zoning permit for the storage bins. 16. All required site improvements shall occur by October 1, 2012. �a City Council Meeting Minutes July 3, 2012 4 page LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY ATTORNEY There were no items for discussion. CITY COUNCIL COMMENTS Councilmember Fields wished everyone a Happy 4th of July. CITY ADMINISTRATOR There were no items for discussion DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted we will probably break a record over the next couple of days with water usage. DIRECTOR OF COMMUNITY DEVELOPMENT There were no items for discussion. There were no visitors to be heard. VISITORS TO BE HEARD �3 City Council Meeting Minutes July 3, 2012 4 page ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 6:53 p.m. Aye: 5 Nay: 0 Date 4vt A", j -. 6� Mayor Clerk \i4 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JUNE 5, 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 and Tilley. Ed & Caryl Crozier were present and addressed the Council regarding renovation of the Old Cedar Avenue Bridge. The City Council discussed the issue and asked staff to follow up with a letter to the City of Bloomington encouraging their acceptance of $2 million in federal funding to begin the design and specification stage to determine what is needed to restore the bridge. Kim Bernard & Gary Wilkie were present and addressed the Council requesting an amendment to City Code to permit backyard chickens in a clean, safe, and sanitary environment. City Council discussed the issue and asked staff to research and to report back at a future City Council workshop. A regular meeting of the Eagan City Council was held on Tuesday, June 5, 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 Chief McDonald, Fire Chief Scott, Communications Director Garrison and Director of Parks and Recreation Johnson and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve the agenda as presented /modified. Aye: 5 Nay: 0 RECOGNITIONS AND PRESENTATION The City Council and Police Chief McDonald recognized Detective Lori Tripp for her 32 years of service and retirement from the City. The City Council recognized Tom Hedges as 2011 Communicator of the Year by Minnesota Association of Government Communicators. CONSENT AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the May 15, 2012, regular City Council meeting and the minutes of the May 8, 2012, Special City Council meeting as presented or modified B. PERSONNEL ITEMS 1. It was recommended to approve the hiring of Catherine Gadient, PT Office Support/GIS Specialist at Central Maintenance Facility 2. It was recommended to approve the hiring of Marie Segar, PT Fire Prevention Specialist 3. It was recommended to approve the hiring of Patrol Officers Calvin Tschida and Michael Schneider with the Police Department 4. It was recommended to approve the promotion of Russ Matthys for the position of Public Works Director 5. It was recommended to approve the hiring of seasonal employees C. It was recommended to approve Check Registers dated May 11, May 21, and May 25, 2012 i'5 City Council Meeting Minutes June 5, 2012 2 page D. It was recommended to approve the updated JPA for the ABLE (Apple Valley, Burnsville, Lakeville, Eagan) fire training facility E. It was recommended to approve a resolution to accept a $2,500 donation from CenterPoint Energy for the Fire Department for a rescue tool F. It was recommended to approve a resolution to accept a $5,000 donation from Casper's for the Fire Department for new firefighter helmets G. It was recommended to declare certain banners to be government signs for purpose of their display on the light poles on Central Parkway H. It was recommended to approve the Final Planned Development and Final Subdivision Stonehaven 4th Addition I. It was recommended to approve a Resolution Offering Social Security to Elected Officials Covered by the PERA Defined Contribution Plan J. It was recommended to approve a Resolution to accept a donation from Norma King to plant a tree in Thomas Lake Park and authorize the necessary budget adjustment K. It was recommended to approve the Manager Change of the On -Sale 3.2 Percent Malt Liquor (Beer) License for West End Gun Club L. It was recommended to approve the Encroachment Agreement — Oakwood Heights 3'd Addition M. It was recommended to approve the Plans & Specs and Authorize Bids for Contract 12 -11 (2012 City -wide Trail Improvements) N. It was recommended to approve the Joint Powers Agreement with Dakota County Transportation Department for Pilot Knob Road Corridor Study (Project 1095) O. It was recommended to approve the Appeal Process for Water Meter Surcharges P. It was recommended to award Contract 12 -10, City -Wide Storm Sewer Improvements Q. It was recommended to approve the submission of an application for a Farmers Market Promotion Program Grant from the United State Department of Agriculture. R. It was recommended to approve the Annual Maintenance Agreement for Contract 11 -14 Conduit /Fiber to MP Nexlevel Consent E. Chief Scott introduced Shayna Bailey, Field Operations Advisor with CenterPoint Energy who presented the Eagan Fire Department with a $2,500 donation. Consent F. Chief Scott gave a brief summary of the $5,000 donation from Casper's to the Eagan Fire Department. There were no items for discussion. PUBLIC HEARINGS OLD BUSINESS ORDINANCE AMENDMENT — TO CHAPTER 10 RELATIVE TO OFF -LEASH DOG AREA REGULATIONS City Administrator Hedges introduced the item, noting that at the February 21 City Council meeting, the City Council directed preparation of an amendment to Chapter 10 relative to Off -Leash Dog Area regulations for the new off -leash dog area opening at Thresher Fields Park in the Summer of 2012. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to City Code Chapter 10 relative to off -leash dog area regulations, direct the City Attorney to publish the amendment in the legal newspaper, and approve a resolution amending the City Fee Schedule as amended. Aye: 5 Nay :0 �(.0 City Council Meeting Minutes June 5, 2012 3 page ORDINANCE AMENDMENT - TO CHAPTER 11 RELATIVE TO ESTABLISHING A MAXIMUM DENSITY FOR PROPERTIES ABUTTING A MINIMUM MAINTENANCE ROAD City Administrator Hedges introduced the item regarding establishing a maximum density for properties on a minimum maintenance road. The ordinance amendment would establish a maximum density of one dwelling unit per parcel to prevent further subdivision of property and intensification of development along such until such time as the street is upgraded and the minimum maintenance designation can be removed. City Planner Ridley gave a staff report. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to City Code Chapter 11, Section 11.70, relative to establishing a maximum density for properties on a minimum maintenance road. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT — LONE OAK GRILL - TO ALLOW AN EXPANDED PATIO WITH A GAMING AREA, OUTDOOR PATIO DINING, AND MODIFICATION OF EXTERIOR BUILDING MATERIALS LOCATED AT 3010 EAGANDALE PLACE IN THE NE 1/4 OF SECTION 10 City Administrator Hedges introduced the item stating the Advisory Planning Commission held a public hearing on May 22 and is recommending approval of the Planned Development Amendment. City Planner Ridley gave a staff report. City Council invited the applicant Joel Lehman to comment. Mr. Lehman conveyed his excitement in bringing a new dynamic, restaurant concept to Eagan in this space that will include outdoor activities such as bocce ball and curling. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Bakken moved, Councilmember Hansen seconded a motion to a Planned Development Amendment to allow an expanded patio with a gaming area, outdoor patio dining and modification of exterior building materials for property located at 3010 Eagandale Place, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plans are required for the Agreement: • Site Plan • Elevation Plan 2. The site shall be developed in conformance with the approved plans: a. Site Plan dated March 28, 2012 b. Building Elevations dated March 28, 2012 F1 City Council Meeting Minutes June 5, 2012 4 page 3. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 4. The on -sale alcohol license shall include and permit the service of alcoholic beverages in the outdoor dining area. 5. The outdoor dining area is subject to City Code requirements including sewer availability charges imposed as a result of the additional seating in the outdoor dining area. 6. A Building Permit shall be obtained for the exterior building material renovations and patio expansion. 7. Site Lighting shall be downcast and shielded to prevent glare and shall not be visible from the public right -of -way. ADOPT THE 5 YEAR PUBLIC WORKS CAPITAL IMPROVEMENT PLAN (2013 -2017) AND AUTHORIZE THE IMPLEMENTATION OF THE 2013 IMPROVEMENTS City Administrator Hedges introduced the item noting the 5 year Capital Improvement Plan (2013 -2017) Public Works Infrastructure (Part III) was presented at the Council Workshop on May 8, 2012. Director of Public Works Matthys gave a staff report. Mayor Maguire asked if anyone in the audience would like to comment on the 5 -year plan. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2013 -2017) and authorized the initiation of the public improvement process for the 2013 programmed improvements. Aye: 5 Nay: 0 LEGISLATIVEANTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. CITY ATTORNEY There were no items for discussion. CITY COUNCIL COMMENTS ADMINISTRATIVE AGENDA �q City Council Meeting Minutes June 5, 2012 4 page Mayor Maguire noted that Councilmembers Fields and Tilley have filed for re- election to the Eagan City Council. Councilmember Bakken noted there is a transit of Venus, a dark disk moving across the face of the Sun happening today. CITY ADMINISTRATOR City Administrator Hedges noted under Consent Agenda Item B the hiring of Russ Matthys as Director of Public Works. The City Council congratulated Matthys. DIRECTOR OF PUBLIC WORKS There were no items for discussion. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted in the Development /Construction Activity Update that Murphy Warehouse is in the process of acquiring the property at 905 Yankee Doodle Road, the former Snyder's /Only Deals property. VISITORS TO BE HEARD Maureen Keegan was present and asked whether a transit station is planned at Cliff Road & Cedar Avenue. Councilmember Hansen and City staff responded to her questions. ADJOURNMENT Councilmember Bakken moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:22 p.m. Aye: 5 Nay: 0 Date fir.- IC4 `l? Mayor Clerk N Agenda Information Memo August 6, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Accept the resignation of Detective Doug Matteson effective August 24, 2012, and authorize his replacement after September 1, 2012. FACTS: • Detective Doug Matteson is retiring after 27 years of service. • Upon authorization to replace Detective Matteson, police administration will attempt to fill the vacancy through a future hiring process. • Recognition of Detective Matteson's service is expected to occur at an upcoming Council meeting. Item 2. ACTION TO BE CONSIDERED: Accept the resignation of Steven Evanson, Utility Maintenance Worker, effective August 2, 2012, and authorize his replacement. Item 3. ACTION TO BE CONSIDERED: Approve hiring of Sally Ricard, Parks & Recreation Central Services Aide at the Central Maintenance Facility. FACTS: • This position fills the vacancy created with the promotion of the Parks & Recreation Clerical Technician V to Executive Assistant on April 17, 2012. 0 Item 4. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation and Community Development: Name Division Job Title Bucki, Erica Cascade Bay Lifeguard Kolehmainen, Jeffrey Civic Arena Building Attendant II Moriarty, Mark Civic Arena Dutcher, Melinda Community Center Yelverton, Jeffrey Community Center Krumm, David Community Center Masica, John Community Center Gullifer, Katherine Community Development a' PT Manager on Duty Guest Services Representative Guest Services Representative PT Overnight Custodian PT Overnight Custodian Planning Intern Agenda Information Memo August 6, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated July 20 and July 27, 2012 as presented. ATTACHMENTS: • Check registers dated July 20, 2012 are enclosed without page number. • Check registers dated July 27, 2012 are enclosed without page number. •� Agenda Information Memo August 6, 2012, Eagan City Council Meeting CONSENT AGENDA D. Adopt a Resolution accepting donated exercise equipment valued at $1000. ACTION TO BE CONSIDERED: Approve a Resolution accepting donated exercise equipment FACTS: • Eagan residents Denise Lemmon and Conrad Tanasychuk of 4731 Hittner Point contacted the Police Department inquiring if they could donate eight pieces of exercise equipment. • Lemmon and Tanasychuk were re- locating and no longer had space for the equipment • The equipment will be used in the police department or repurposed to another city building. • A letter was sent to Lemmon and Tanasychuk acknowledging their donation. ATTACHMENTS Resolution on page 1) 0� CITY OF EAGAN RESOLUTION ACCEPTING DONATION OF EXERCISE EQUIPMENT TO THE CITY OF EAGAN Denise Lemon and Conrad Tanasychuk 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, citizens Denise Lemon and Conrad Tanasychuk have presented the Police Department with a donation of exercise equipment valued at $1,000. 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 Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the Police Department sincerely thanks Denise Lemon and Conrad Tanasychuk for their generous donation. ADOPTED this 6th day of August, 2012. Motion by: Seconded by: Those in Favor: Those Against: Date: CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Information Memo August 6, 2012, Eagan City Council Meeting CONSENT AGENDA: E. Approve grant resolution for an Alcohol Compliance Check Grant ACTION TO BE CONSIDERED: Approve a resolution allowing the City of Eagan to participate in the Alcohol Compliance Check Grant through May, 2013 FACTS: • The grant allows the City of Eagan to obtain reimbursement for conducting alcohol compliance checks on local businesses. • The terms of the grant allows the City to collect $30.00 for every compliance check performed. • Presently, there are 73 establishments licensed to sell alcohol in the City. • The Police Department conducts alcohol compliance checks on local businesses two times each year. • Federal funds for this grant contract are provided under the U.S. Department of Justice's Enforcing Underage Drinking Laws Program to enforce underage drinking laws and educate alcohol retailers and community members regarding underage drinking laws. • As a requirement of this grant, the Police Department will be conducting pre- and post - enforcement media notifications regarding alcohol compliance checks. • The city attorney has reviewed the grant. ATTACHMENTS A copy of the grant agreement is attached on pages 0(0 to D5 CITY OF EAGAN RESOLUTION AUTHORIZING THE CITY OF EAGAN TO ENTER INTO A GRANT AGREEMENT WITH INVITATION HEALTH INSTITUTE CONTRACTED BY THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY WHEREAS, the City of Eagan desires to participate in the Alcohol Compliance Check Grant. WHEREAS, the City has entered into previous grants for reimbursement of alcohol compliance checks. WHEREAS, the City Councilors of the City of Eagan have duly considered this matter and believe that it is in the best interests of the City to enter into a grant agreement with Invitation Health Institute through the Minnesota Department of Public Safety to conduct alcohol compliance checks. NOW THEREFORE, BE IT RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. ADOPTED this 6th day of August, 2012 Motion by: Seconded by: Those in Favor: Those Against: Date: CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk GRANT AGREEMENT THIS GRANT AGREEMENT ( "Agreement ") is made this 1st day of July, 2012 (the "Effective Date "), by and between Invitation Health Institute ( "the Institute ") and the Eagan Police Department ( "Grantee "). WHEREAS, the Institute is contracted by the Minnesota Department of Public Safety to administer an Alcohol Compliance Check Grant program. WHEREAS, the Federal funds for this grant contract are provided under the U.S. Department of Justice's Enforcing Underage Drinking Laws Program to enforce underage drinking laws and educate alcohol retailers and community members regarding underage drinking laws. WHEREAS, the Grantee wants and is willing to enforce underage drinking laws in its jurisdiction. WHEREAS, the parties hereto desire to enter into a working relationship; and WHEREAS, the parties hereto have agreed as to various matters concerning the organization and operation of such a working relationship, and wish a written memorandum of their agreement; NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties hereto hereby agree as follows: I. Term and Termination of Agreement A. The term of this Agreement shall be from the Effective Date and continuing until May 31, 2013 (the "Expiration Date "), or until the contracted Services have been completed, or the maximum dollar amount has been reached, whichever occurs first. Notwithstanding the foregoing, this Agreement shall remain in effect with respect to any Schedules then in effect on the date of termination or Expiration Date until the date on which such Schedules are themselves terminated or are otherwise completed. It is also contingent upon, and subject to, a successfully executed and signed contract between the Institute and the Minnesota Department of Public Safety (the "Prime Agreement "). B. Either party shall have the right at any time to terminate this Agreement and /or any Schedule without cause upon fifteen (15) days written notice. In event of such termination, Grantee's sole and exclusive remedy shall be limited to payment (on a pro -rata basis if fixed fee) for Services rendered and expenses properly incurred through the date of termination. C. Either party shall have the right to terminate this Agreement and /or any Schedule(s) immediately in the event of a material breach of this Agreement and /or any Schedule(s) by the other party, which breach remains uncured for a period of ten (10) days after written notice reasonably specifying the nature of the breach is given to the breaching party. D. Upon receiving notice from the Institute to stop work, Grantee shall cease all work under this Agreement. Grantee will not be paid for fees or expenses incurred as of the effective date of any such stop work notice until or unless Grantee is instructed to resume work. H� Compliance Check Grant Contract 2012 -2013 1 Invitation Health Institute and Eagan Police Department 0-1 II. Duties A. The Grantee shall: • Conduct independent compliance checks at licensed liquor establishments within its jurisdiction. • Conduct two compliance checks on each licensed establishment. Round 1 compliance checks to be conducted between the dates of July 1, 2012, and December 12, 2012. Round 2 compliance checks to be conducted between the dates of January 1, 2013, and May 15, 2013. • Issue two news releases to include, first, an announcement of the grant funding and intent to conduct compliance checks and, second, to announce the results of the compliance check operations. • Report findings back to the Institute using the Institute's approved reporting form. • Report all licensed liquor establishments failing compliance check to local liquor license issuer to impose penalties pursuant to Minn. Stat. § 304A.415. • Grantee will comply with the Single Audit Act Amendments of 1996 and Office of Management and Budget Circular A -133. • Ensure the compensation under this grant contract provides for officer overtime and actual expenses and resources expended to conduct compliance check operations. Federal funds must not supplant existing resources. • To help fulfill the Institute's Federal reporting requirements, Grantee must report expenses and resources expended to conduct underage drinking enforcement operations that are not reimbursed through this grant contract. There is no requirement for other funds to be used to support checks, but where other funds are used, it must be reported. B. The Institute shall: Provide technical assistance to Grantee for performance of duties within this grant contract. Provide reporting and invoicing forms to Grantee. The Institute may modify or change all forms at their discretion during the grant term. Compensate Grantee promptly for duties satisfactorily performed under this grant contract as described under Consideration and Payment. C. Payment of undisputed fees for Services shall be made thirty (30) days after the Institute's receipt of invoice submitted by Grantee. x. Compliance Check Grant Contract 2012 -2013 2 Invitation Health Institute and Eagan Police Department MIN WAAM III. Consideration and Payment The Institute will pay for all services performed satisfactorily by Grantee under this grant contract as follows: • The Grantee will be paid an amount not to exceed $4,320 based on the following method of payment: $30.00 per completed compliance check. • The total obligation of the Institute for all compensation and reimbursements to the Grantee under this contract will not exceed $4,320. The Institute will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the Institute accepts the invoiced services. Invoices must be submitted timely and according to the following schedule. Itemized invoices will be filed in arrears and upon completion of each round of compliance checks. Invoices must be submitted and received by the Institute no later than December 31, 2012 for Round 1 compliance checks and no later than June 1, 2013, for Round 2 compliance checks. The Grantee will not receive payment for work found by the Institute to be unsatisfactory, outside the dates of this grant contract, or performed in violation of federal, state, or local, law. Payments under this grant contract will be made from Federal funds, obtained by the Institute under contract to the Minnesota Department of Public Safety pursuant to CFDA number 16.727. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. Grantee must provide itemized reporting of licensed establishments checked but is not required to submit itemized listing of expenses. Grantee assumes responsibility for ensuring that grant contract compensation provides for actual expenses and resources expended to conduct compliance check operations. Allowable costs that may be reimbursed through this grant contract include: 1) Officer overtime and fringe costs, 2) Payment to underage purchasers 3) Officer and underage purchaser meals at or below state allowances (currently $7.00 breakfast, $9.00 lunch, $15.00 dinner. Breakfast reimbursement may be claimed if leaving before 6:00 a.m. Lunch reimbursement may be claimed if travel is more than 35 miles from office. Dinner reimbursement may be claimed if officer cannot return until after 7:00 p.m. 4) Mileage at the federal rate (currently $.555 per mile). The Institute will not reimburse these costs directly or in addition to the $30.00 per completed check. Grantee's sole compensation under this grant will be calculated at $30.00 per completed check. The grant contract funds may not be used for the purchase of alcohol from a compliance check failure ( "buy money "). Compliance Check Grant Contract 2012 -2013 3 Invitation Health Institute and Eagan Police Department Agreement to the grant contract indicates Grantee's certification that Federal funds will not be used to supplant State or local funds Federal funds must be used to supplement existing funds for program activities and must not replace those funds that have been appropriated for the same purpose. IV. Amendments Any amendments to this Agreement shall be in writing, signed by the parties. V. Independent Contractor Relationship Grantee is an independent contractor, and is not an employee, servant, agent, partner, or joint venturer of the Institute. Neither party to this Agreement will have any authority to bind or represent the other party. The Institute shall identify and request the Services to be performed, but Grantee shall determine the legal means by which all Services are to be accomplished. The Institute is not responsible for withholding, and shall not withhold, FICA or any other employment- related taxes of any kind from any payments made to Grantee. Neither Grantee, its employees, nor any subcontracted personnel shall be entitled to receive any benefits which employees of the Institute are entitled to receive, nor shall Grantee, its employees or subcontracted personnel be entitled to receive from or through the Institute workers' compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing or Social Security on account of Services performed under this Agreement. Grantee is responsible for overseeing and managing the tasks and functions for the Services provided under this Agreement. Grantee shall not subcontract with any third party for the performance of any Services to be provided to the Institute without in each instance obtaining the prior written consent of the Institute to Grantee's use of such third party subcontractor and the subcontractor's individual personnel proposed to be assigned to perform Services, which consent may be withheld in the Institute's sole and absolute discretion. Such third party subcontractor and the subcontractor's individual personnel for whom the Institute's prior written consent may subsequently be given are hereafter referred to as "Permitted Subcontractors ". Grantee shall require each Permitted Subcontractor to agree in writing to perform in accordance with, and subject to the terms of this Agreement prior to the performance of any Services by such Permitted Subcontractor. Grantee shall make reasonable efforts to honor specific requests by the Institute with regard to Grantee's Employees, including replacements thereof, who are assigned to perform Services and any other aspect of obtaining the desired results under this Agreement. Compliance Check Grant Contract 2012 -2013 4 Invitation Health Institute and Eagan Police Department VI. Indemnification To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless the Institute, its trustees, officers, employees and Affiliates from and against all claims, demands, suits, actions, losses, damages, injuries, liabilities, expenses, judgments, liens, encumbrances, orders, fines, penalties and awards, including, without limitation, reasonable attorneys fees, expert witness fees and court costs, (all of which are collectively referred to as "Claims ") arising out of any of the following: A. Grantee's performance of Services and provision of the Deliverables, Grantee's failure to perform under this Agreement and /or Grantee's breach of this Agreement. B. Claims relating to bodily injury to or death of any person or damage to real property and /or tangible or intangible personal property, incurred while Grantee is performing Services and to the extent caused by the negligent or willful acts or omissions of Grantee, its Employees, Permitted Subcontractors or agents in the performance of the Services hereunder. C. Claims arising out of any disputes between Grantee and Grantee's employees and /or Permitted Subcontractors, including without limitation, Employee Related Claims. "Employee Related Claims" means any pending, threatened or future action, suit, arbitration, inquiry, proceeding or investigation by or before a court, arbitrator, governmental or other regulatory or administrative agency or commission, whether civil, criminal or other, and whether known or unknown, fixed or contingent, or matured or unmatured at the Effective Date or at any time before or after the Effective Date for any and all Claims, incurred in connection with the Agreement that arise in connection with or relate to any of Grantee's or any of its Permitted Subcontractor's employees or classification of employees, the terms or conditions of such employment, any accident, illness, injury or other harm of any nature arising in connection with or relating to such employment, or the termination of such employment. D. Claims that any Services or Deliverables provided by Grantee hereunder infringe upon any existing or future patent right, copyright, trade secret or other Intellectual Property Right. Grantee will defend such Claim at its expense and will pay all costs and damages that may be awarded against the Institute, incurred and resulting therefrom. Grantee will not be obligated to indemnify the Institute hereunder, however, if the claim of infringement is caused by the Institute's modification of such Deliverables. If any such Deliverables are, or in either the Institute's or Grantee's opinion are likely to be, held to constitute an infringing product, Grantee shall promptly at Grantee's option and at Grantee's sole cost and expense either (a) procure the right for the Institute to continue using it, or (b) modify it so that it is non - infringing, provided that such Deliverable as modified must be functionally equivalent and perform and conform in all material respects to the specifications and requirements, or (c) replace it with a non - infringing functionally equivalent that performs and conforms in all material respects to the specifications and requirements. If none of the options in the preceding sentence are reasonably available and /or practical after Grantee has exercised its best efforts to implement said options, Grantee shall refund to the Institute all amounts paid by the Institute to Grantee pertaining to such Deliverables under this Agreement, and Grantee shall remain liable for all other damages and remedies available to the Institute which are expressly reserved. Compliance Check Grant Contract 2012 -2013 5 Invitation Health Institute and Eagan Police Department VII. Warranties Grantee warrants that (a) Grantee, its Employees and Permitted Subcontractors, if any, shall have and maintain the requisite technical knowledge, skills, abilities, licenses and qualifications to provide the Services and Deliverables, (b) Grantee shall comply with all applicable local, state and federal ordinances, laws and regulations in providing the Services and Deliverables, (c) all Services to be performed hereunder will be performed in good faith and in a good, professional, workmanlike, competent and timely manner, in conformity with all applicable standards and the requirements of this Agreement and the respective Schedules, and (d) Grantee's performance of Services does not and will not violate the terms and conditions of any other contract or obligation of Grantee. VIII. Governing Law The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the State of Minnesota and, to the extent applicable, the laws of the United States of America. This Agreement is deemed to be executed in Minnesota and the parties hereby consent to the jurisdiction of the State and Federal Courts located in Minnesota for such disputes. All litigation arising out of this Agreement must be brought in Courts located in Hennepin County, Minnesota. IX. Authorized Representative The Institute's Authorized Representative is Tanya Prahl, Grant Consultant, 2720 Highway NE, Mounds View, MN 55112, 763 - 427 -5310 x128, tprahl @invitationhealthinstitute.org, or her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the Institute's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Sergeant John Collins, Eagan Police Department, 3830 Pilot Knob Road, Eagan, MN 55122. If the Grantee's Authorized Representative changes at any time during this contract, the Grantee must immediately notify the Institute. X. Force Majeure Neither party shall be liable for the non - performance of its obligations under this Agreement for a maximum period of sixty (60) days if such non - performance is caused by acts of civil or military authority, civil disturbance, war, terrorism, explosions, fires, earthquakes, Compliance Check Grant Contract 2012 -2013 6 Invitation Health Institute and Eagan Police Department floods or other acts of God ( "Force Majeure Event "). The party so affected shall give notice to the other party and shall do everything reasonably possible to resume performance. If the period of non - performance exceeds sixty (60) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may terminate the Agreement and /or any applicable Schedule(s) upon written notice. Compliance Check Grant Contract 2012 -2013 7 Invitation Health Institute and Eagan Police Department XI. Assignment Grantee shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of the Institute. Any attempted assignment in contravention of this Section shall be null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Date: The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Eagan Police Department Signed: Title: Date: % , ► `� -� h S T Compliance Check Grant Contract 2012 -2013 8 Invitation Health Institute and Eagan Police Department Agenda Information Memo August 6, 2012 Eagan City Council Meeting F. SET PUBLIC HEARING DATE FOR SEPTEMBER 4, 2012 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for September 4, 2012 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. ATTACHMENTS (0): -E 5- Agenda Information Memo August 6, 2012, Eagan City Council Meeting G. SET PUBLIC HEARING DATE FOR SEPTEMBER 4, 2012 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for September 4, 2012 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. ➢ The City currently has seven delinquent accounts in the amount of $900.00. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): W Agenda Information Memo August 6, 2012, Eagan City Council Meeting H. SET PUBLIC HEARING DATE FOR SEPTEMBER 4, 2012 TO CERTIFY DELINQUENT MOWING BILLS ACTION TO BE CONSIDERED: To set a public hearing for September 4, 2012 to consider the final assessment of the delinquent mowing bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent noxious weeds, mowing, refuse removal, and board -up balances for certification to property tax statements for collection. ➢ The City currently has 2 delinquent invoices in the amount of $335.09. Both outstanding invoices are for mowing. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): a� Agenda Information Memo August 6, 2012, Eagan City Council Meeting I. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR PEOPLE OF PRAISE, MN, INC,'S 41sT ANNIVERSARY CELEBRATION ON SEPTEMBER 15, 2012. ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for People of Praise, MN, Inc.'s 41" Anniversary Celebration on September 15, 2012. FACTS: ➢ People of Praise, MN, Inc. has requested a temporary on -sale liquor license be issued to them for a 41St Anniversary Celebration event planned for September 15, 2012. The event will be held inside the school building, located at 601 River Ridge Parkway. ➢ People of Praise, MN, Inc. has requested the City Council waive the $150.00 license fee. ➢ The application form and fee have been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (1): A letter from People of Praise, NIN, Inc. is attached on pages ' 939 to qD C H R 1 S T i R N CO M M U N I T Y People of Praise MN Inc. 601 River Ridge Parkway Eagan, MN 55121 July 9, 2012 Ms. Christina Scipioni City Clerk, City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Scipioni, People of Praise MN Inc. is applying for a Temporary On -Sale Liquor License for a People of Praise 41St Anniversary celebration of our community on September 15, 2012. This document serves to provide the City of Eagan the necessary information about our event so that the City Council will approve our license at the next City Council meeting. Thank you for working with us to help us secure the license. As a 501c3 organization, I am requesting that the fee be waived. 1. Attached is the Certificate of Liability Insurance from the Gibson Insurance Company. Our insurance meets or exceeds your requirements. 2. The People of Praise Community Event will be held at 601 River Ridge Parkway, Eagan, Minnesota, 55121. The event will be held indoors and entrance into the event will be through our east doors of the People of Praise. 3. (a) We have hired two security personnel for the event who will enforce alcohol beverage sale and consumption laws, crowd control and public safety. (b) The beverage servers will require that any person desiring to be served liquor must show a valid photograph identification which will be checked to insure the person is 21 or older. When the age of the person is verified, he /she will be issued a wristband which he /she will wear throughout the event. No alcohol will be served to a guest who does not have a wristband. 4. No one serving alcohol shall be intoxicated or consume alcoholic beverages during their work shift. 5. People of Praise will post signs at the entrance notifying the public that consumption of alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. 31 6. The alcoholic beverages will be available from 5 -8 :30 p.m. on Saturday, September 15, 2012. 7. People of Praise will designate an on -site manager in compliance with the City of Eagan's requirement. If you have any additional questions please contact me at the phone number below or email address. Other People of Praise employees involved in the planning of the event include Rebecca Verwey. Sincerely, Daniel F. Lindeken Business and Building Manager People of Praise MN, Inc. 601 River Ridge Parkway Eagan, MN 55121 Email: servantdflggmail.com Office: 651.789.2888 Ext. 102 Cell: 612.720.3068 �T) Agenda Information Memo August 6, 2012, Eagan City Council Meeting J. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE FOR TWIN CITIES GAY SOFTBALL WORLD SERIES' SOFTBALL TOURNAMENT ON AUGUST 16,17 AND 18, 2012 ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license for Twin Cities Gay Softball World Series' Softball Tournament on August 16, 17 and 18, 2012. FACTS: ➢ The Twin Cities Gay Softball World Series has requested a temporary on -sale liquor license be issued to them for a Softball Tournament planned for August 16, 17 and 18, 2012. The event will be held at the Lexington/Diffley Athletic Fields, 4201 Lexington Avenue. ➢ The application form and fee have been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) 4� Agenda Information Memo August 6, 2012, Eagan City Council Meeting K. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE FOR TWIN CITIES GOODTIME SOFTBALL LEAGUE'S SOFTBALL TOURNAMENT ON AUGUST 15,16 AND 17, 2012 ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license for Twin Cities Goodtime Softball League's Softball Tournament on August 15, 16 and 17, 2012. FACTS: ➢ The Twin Cities Goodtime Softball League has requested a temporary on -sale liquor license be issued to them for a Softball Tournament planned for August 15, 16 and 17, 2012. The event will be held at the Northview Athletic Complex, 980 Northview Park Road. ➢ The application form and fee have been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) M Agenda Information Memo August 6, 2012, Eagan City Council Meeting L. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL'S SEPTEMBERFEST ON SEPTEMBER 22, 2012. ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 22, 2012. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for Septemberfest event planned for September 22, 2012. The event will be held inside on the school grounds, located at 3355 Columbia Drive. ➢ Faithful Shepherd Catholic School has requested the City Council waive the $150.00 license fee. ➢ The application form and fee have been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (1): A letter from Faithful Shepherd Catholic School is attached on page pia . q3 FArMFUL SHEPHERD W lbere coura&nzal4weellence and God'r gifio are it.wcrkcna). 3355 Columbia Drive^ Fagan, A imwsota 55121 Phone 651,406,4 47 _ °rotierM.ftesnrn.nrg July 18, 2012 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary liquor license for the evening of September 22, 2012. We are holding our ninth annual " Septemberfest" at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of " Septemberfest" is fundraising. This year, twenty five percent of the proceeds from the event will go to Feed My Starving Children, and the remainder will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcohol beverages. Our site plan and security plan is attached. The stage will once again be on end of the canopy so that the noise will be projected to the North East. If you have any questions, I can be reached at 651- 503 -0699. Thank you for your consideration. Respectfully submitted, w. Patrice Weinberger Septemberfest Committee Person 2012 Faithful Shepherd Catholic School " Septemberfest" Faithful Shepherd Catholic School acrd 'Fri - Parish Center • Serving tine parishes of St. John Neumann, St. Peter and St Thorrras Becket y� Consent Agenda Information Memo August 6, 2012 Eagan City Council Meeting M. SOUND AMPLIFICATION PERMIT — FAITHFUL SHEPHERD ACTIONS TO BE CONSIDERED: APPROVE a Sound Amplification Permit and Waiver of fee for an outdoor event with electronic sound system/audio equipment use after 10 p.m. to be held on September 22, 2012 at 3355 Columbia Drive. FACTS: ➢ An outdoor event with musical entertainment past 10 p.m. requires a permit and approval from the City Council and is subject to the requirements outlined in City Code Chapter 10, Sec. 10.31. Eagan PD has reviewed and signed off on the application. ➢ Faithful Shepherd is planning the 9th Annual Septemberfest school fundraiser outdoor event September 21 -23, 2012. The live music for which the sound amplification permit is required is planned for Saturday the 22nd from 5:00 p.m. until 12:00 midnight. The event will occupy the entire parking lot on the west side of the building. ➢ Surrounding uses within ' /a mile are industrial to the north and east, business park to the west, and multi - family residential, public facility and mixed planned development property to the south. The stage and amplification equipment will face north, toward the industrial area. ➢ A temporary liquor license request is also on the agenda for this event. A temporary barrier prevents unauthorized access to the event. Access is required through the entry gate check -in at the south. ➢ Due to a south - facing stage, the 2008 event generated several complaints. The 2009, 2010 and 2011 events, with the stage and speaker layout facing north eliminated the noise complaints. ➢ The applicant is requesting a fee waiver for the sound amplification permit. ATTACHMENTS: (2) Location map on page q W A copy of the applicant letter, permit, site plan and radius map is attached on pages 4 � through 5a y^ cI o d ZO 1 °fi Y k `Do dl -Rd QCLUDVIEW DR ZP k 4 �CII11 A Map Area Extent a z P c� z Y D O y AL z PKNN .� r,�, Q .. I o� i 1j Subject Site North Park Park I GO R K +jj ¢ 1 E O O MF om Fi Wescott- rnn ons Park w I — VU D O a O'Leary Lake Pvrk G 4 z w Q �R 2 b DUCKWOODDRIVE Z OUCKWOOD DR IRC Feet 0 500 1,000 2,000 Faithful Shepherd Amplified Sound Permit Legend :IM,e �X3 ji.5 City Boundary Parcels Parks Buildings N City of Eap 14 FAffHFUL SHEPHERD T here eduxaltona -1 ewe llence and God rfi tf (ire rr.csfrrkeneo. , 3355 Columbia Drive Fagan, Minnesota 55121 Phone 651,406.4747 w��M fsGSmn.org u July 18, 2012 City of Eagan City Council 3830 Pilot Knob Road Eagan, MN 55122 Dear City Council Members: I respectfully request that the Eagan City Council waive the $75.00 application fee for a Sound Amplification Permit for Saturday, September 22nd. We are holding our annual "Septemberfest" at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of "Septemberfest" is fundraising. This year, twenty -five percent of our proceeds from the event will go to Feed My Starving Children, and the rest will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's Noise Ordinance Amendment by incorporating procedures that will be followed to limit objectionable noise levels. If you have any questions, I can be reached at 651- 503 -0699. Thank you for your consideration. Respectfully submitted, Patrice Weinberger Septemberfest Committee Person 2012 Faithful Shepherd Catholic School "Septemberfest" �9 Foithful Shepherd Catholic School and Tri- Parish Center . Serving the parishes of St. John Neumann, St. Peter and St. Thomas Becket FEE WAIVER REQUEST Use BLUE or SLACK Ink r..—_—._—_.—.—_.,—_.____.— I For Office Use I I Permit #: j I I Permit Fee: I I Date Received: jStaff: A��l //��]� I 2012 SOUND AMPLIFICATION ■ ERMI ■ (OUTDOOR EVENTS AFTER 1®PM) ✓ Eagan City Code Section 10.31 requires a permit for outdoor electronic sound system / audio equipment use after 10:OOPM. A completed written application meeting the requirements of Section 10.31, accompanied by a payment of $75.00 and a site plan must be filed with the Community Development Department three full weeks in advance of the City Council meeting at which it will be considered. A copy of Section 10.31 is attached for your use. ✓ Sound produced under the permit shall not exceed the maximum allowable sound pressure level as measured by Type 1 or 2 decibel meter, using the A- weighted fast response scale meeting ANSI Specifications, Section 1.4 -1971. o 1/a mile radius from the property line, 3 -5 feet above ground level - 55 decibels 1/2 mile radius from the property line, 3 -5 feet above ground level - 50 decibels ✓ City Council approval is also required in instances where liquor will be present. In those cases, you may submit the liquor license application at the same time sound amplification permit so both may be considered at the same City Council meeting. ✓ PLEASE PRINT ALL INFORMATION REQUESTED ON THIS APPLICATION APPLICANT (INDIVIDUAL ORGANIZING EVENT) EVENT CONTACT INFORMATION* �w Name: ' GLi T t Address: 33s-s- eb b(C, 'bn k' Phone: 6) /" IvQ6)_1171 Alternative Phone: Fax: G S -1 - Z//,) 6 Y" ee-_3 Email: Name of individual f� i_ 1 responsible for event: l� C 10 (' vi y l d d i orb o Address: Phone: + � � Contact phone "t ► —i+� —� during the event: �(�� y 5,CJ� a 22 0-1(01q Alternative Phone: Fax: Email: BWo t '(C4S LP _=wsi q lue— j * This person must be present at all times during the event and act as the on -site contact for City officials during the event. The applicant and the contact person shall be responsible for compliance with the terms and condition imposed by the permit and Section 10.31. The applicant or contact person shall maintain the permit on the permitted premises at all times during which the permitted electronic sound system or audio equipment is in use. The permit shall be presented to any City official or law enforcement officer upon demand. Address of event: Purpose of event: Date(s) of event & EVENT s day(s) of the week: DETAILS Times of event: Set up begins at: (Date / Time) Start: _ : 0 0 l� Finish: /2- C? 0 .�t•l•M t1 �� }V� Take down completed m ®N U by: (Date /Time) V :10pr2t Maximum number of people in attendance on any day: S -o0 W11% 2011 SOUND AMPLIFICATION PERMIT Page 1 of 3 Description of electronic sound system or audio equipment: - wid, �� cQi7 ;Ftv a 13 � CIO '3� �� a r-a ra, z Type of sound to be generated (live music, ` recorded music, announcements, speeches, etc): Lyez imu�'Il cJ 11/6-85-b6 Sound will be generated during these hours each day: 90A Name contractor/ individual responsible for sound: Address: 0 t \ � � N (� 6 ` � �0a J'q M 4' g� �..� / '5- �- 33 i Phone: �� r % " Alternative Phone:C Will there be hired speakers / performers at the event? ® Yes ❑ No If yes, name individuals Description of entertainment to be provided: t rt 0 , C CM` 1 v— (L-'" t C'� 1 r . -( v {�/ Name Address City / State / Zip y\a �_J s Neam -1r Address City / State / Zip Name Address City / State / Zip Will food or alcohol be served at the event. � Yes ❑ No NOTE: Additional Permits may be necessary If yes, describe: roccp- tL /tc ". 6V Lz-�V1e.oat.- 6-'V-i ^° Describe the event in detail. i - yvms is a c I I- c t �� e _�� - �� Iii ��A �~ i� c�r -rte (' eye �o cl Ci �i i m L wCL El Attach 2 copies of a Site Plan. Include location of tents, stages, booths, first aid / relief stations, dumpsters, portable toilets, sound amplification equipment, signs and banners. Be specific as to the placement of sound system speakers and the direction the sound will travel. NOTE: Additional Permits may be necessary 3 1 ` 2011 SOUND AMPLIFICATION PERMIT Page 2 of 3 Ifs ist the cities in which the applicant or contact person has been issued a similar permit in the last five (5) years ' by this city or any other municipality or government entity with authority to issue such similar permit. Include contact information for the permitting entity and a statement as to whether the applicant or contact person was or was not in violation of any term or condition of the permit. The City Council may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. The City Council may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound generated by the permitted sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location. I have received from the City of Eagan a copy of Eagan City Code 10.31 (Noisy Gatherings and Electronic Sound System Equipment) and will familiarize myself with the provisions contained within them. I hereby acknowledge that I have read this application, state the application is correct, and agree to comply with Eagan, MN laws regulating noise and electronic sound systems / audio equipment use after 10:00PM, and II other City Codes and State laws. x �-�, 14 k) Q�Vvh x Applicant's Printed Name Applicant' igna e Date 61 J FOR CITY OFFICE USE ONLY Character and nature of land uses underlying and adjacent to the land upon which the electronic sound system or audio equipment will be used: ��{ � �h� • Ia��vSY�►l�t� T- 9VSH SS PAIRM I apu` I4 • thUlTI- FAMILM Rig rNg�A) nA- *., PO 6LIQ- FACIL.IT4 I M`XE A PJA&IAjJM bM amf° 3 Beat:® Has the applicant or contact person complied with the terms of previous or similar permits issued by another municipality or government agency during the last five years? { 1 Permit reviewed by: � Com"V Q Devel p ent Police i Approved by City Council: tomgpw A(ow)A Tvm Date ( 2011 SOUND AMPLIFICATION PERMIT Page 3 of 3 '"° � a Jrf , L a u m U W H[ Y F- z w F- Z w w w w m w Z d J 51 2 ki i aa� J0 Q G'O O X % W Q 0 0 �1 � Q 1 O SITE PLAN Z O_ �T >L F- / / 11 �1 � Q 1 O SITE PLAN eaters Road o i"� LWes[ServiceR °a FL��v � °, ° t'�_ � � t � .�� u•'r` t� ��y _�` h°�- �c,y°�,'� f .; ¢ �'a5 f t a1IIt..1� � �• s, �f s RD 26ZLone s MA f - �-"`� gorthwood,par i -. � .,1 Aldnn{Dnve z� -'i r xy ~�y '•U � i+N � 'rl r - -SUt t r 7 ,j �•' t � .:t.+) � k \ ,/ �' t �_ �`si '' is �,.', .,ct(afd'r,_. rg_ Y{wll �,g�7..'' s�.� �� ,_� �, �-:.,- � � ��/ �� " r •�scott�Squareyt�c t '�_. 6'�'D -i �� w � t S -own" Centre Dnve � y °g � � 1 �,'�Sa.'�f �� I�2 ��z .: n1 •, �4. • .!' §'�' Woor�lantl" "� - c` 4` `` lnl�ne ,` ;� ', � - n x .. ��r •�r F�'�, 4 _ � ,�.'� k Fl�T�ic -k�er e Cad ?r Y wl[ (e cap N y. ' .. may ;* k i , �.{2� r1 ♦ V_ o4 i Carciii a A r ve � � -� t a. ,c, sYs _3s -a Agenda Information Memo August 6, 2012, Eagan City Council Meeting N. APPROVE RESOLUTION APPOINTING DEPUTY CITY CLERKS AS ACTING CITY CLERKS FOR THE PURPOSE OF RECEIVING LAWSUITS ACTION TO BE CONSIDERED: To approve a resolution appointing Deputy City Clerks as Acting City Clerks for the purpose of receiving lawsuits. FACTS: Minnesota Court Rules require that lawsuits be personally served upon a city by delivering a copy to the city's chief executive officer or clerk. ➢ If the City's chief executive officer (the City Administrator) and the City Clerk are both out of the office, under Court Rules, other employees are not able to receive lawsuits on behalf of the City. This could cause a delay in processing the lawsuit. ➢ Per the recommendation of the City Attorney's office and the League of Minnesota Cities, the proposed resolution appoints the City's Deputy City Clerks as Acting City Clerks in the event the City Clerk is out of the office and a lawsuit is served upon the City. This allows Deputy City Clerks to receive lawsuits on behalf of the City, thus avoiding delays associated with improper service. ➢ Currently, Assistant City Administrator Miller and Assistant City Administrator VanOverbeke have been appointed by the Council as Deputy City Clerks. ATTACHMENTS (1): The proposed resolution is on page HJ 6 CITY OF EAGAN RESOLUTION NO. RESOLUTION APPOINTING DEPUTY CITY CLERKS AS ACTING CITY CLERKS FOR THE PURPOSE OF RECEIVING LAWSUITS WHEREAS, Minnesota Court Rules 4.03.E.2. requires lawsuits be personally served upon the chief executive officer or the clerk of a defendant city; and WHEREAS, the City Council deems it necessary for additional staff members to be authorized to accept personal service of lawsuits on behalf of the City when the City Clerk is out of the office; and WHEREAS, the City Council appoints Deputy City Clerks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota that when the City Clerk is out of the office, Deputy City Clerks are appointed Acting City Clerks for the purpose of receiving lawsuits on behalf of the City pursuant to Minnesota Court Rules 4.03.E.2. Motion made by: Seconded by: Those in favor: Those against: Dated: August 6, 2012 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk 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 6th day of August, 2012. Christina M. Scipioni, City Clerk 51 Agenda Information Memo August 6, 2012, Eagan City Council Meeting O. DIRECT PREPARATION OF AN ORDINANCE AMENDMENT TO CHAPTER 6.53 RELATIVE TO CONSUMER FIREWORKS PERMIT FEES ACTION TO BE CONSIDERED: Direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 6.53, relative to consumer fireworks permit fees. FACTS: ➢ City Code Chapter 6.53 requires a City- issued permit for the sale of consumer fireworks (i.e. temporary fireworks tents). Part of the permitting process is a background investigation conducted by the Police Department. ➢ Other City- issued licenses that require a background check, such as liquor and massage therapists, require separate fees for the background investigation and the license. For example, a massage therapist pays a non - refundable background fee of $100.00. If they pass the background investigation, the massage therapist also pays a $25.00 licensing fee. ➢ In contrast, fireworks permit applicants pay a single fee that doesn't differentiate between the cost to administer a background investigation and the cost to administer the permit if it is issued. If a fireworks permit application is denied after a background investigation is conducted, it is unclear to the applicant which part of the permit fee is refundable. ➢ The proposed ordinance amendment would make the consumer fireworks permit fees consistent with other licenses and permits by requiring separate fees for the background investigation and the permit, and will state that the background investigation fee is nonrefundable. ➢ The proposed ordinance amendment would not increase the overall cost of the fireworks permit. ATTACHMENTS (0): Agenda Information Memo August 6, 2012 Eagan City Council Meeting P. CONTRACT 12 -10, CITYWIDE STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 2 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 of: 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 #2 provides for: e Beacon Hill Road, Storm Sewer Improvements (Project 1083) - The removal of the existing landscaping at 4663 Beacon Hill Road found that it was not salvageable and replacement was not originally anticipated to return the yard to a pre- construction condition. Inspection of Beacon Hill Road catch basins by City staff has determined that repair is needed to restore the integrity of the structures and the street in the area.The contractor encountered several private utilities at 4663 Beacon Hill Road that required relocation to allow the installation of the drain tile system. Additional grading of the emergency overflow swale at 4664 Beacon Hill Road outside of the easement was required to allow the contractor to grade a 3:1 City standard side slope.. This portion of the change order provides for an ADD of $11,080.00. e Old Sibley Memorial Highway, Hydrant Relocation - The existing hydrant intended to be removed and relocated to the Four Paws Pet Resort driveway has been found to be in very close proximity to an existing 26" high pressure (600 psi) gas main. Any additional excavation around the high pressure gas main would be potentially dangerous requiring extensive permitting and gas company inspection, hand digging around the pipe and create an opportunity for a disaster. This portion of the change order provides for a new hydrant to be installed at the Four Paws driveway while leaving the existing hydrant in place. Also, upon excavation, the existing water main at the Four Paws driveway was found to be 16 feet below grade. This is more than 8 feet deeper than the standard depth of water main. Additional time and materials was needed to perform the work. This portion of the change order provides for an ADD of $6,918.76. The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and region. This change order provides for a total additional cost of $17,998.76 (14.1% of original contract). The cost of this additional work will be the responsibility of the City's Combined Utility Trunk Fund. The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda Information Memo August 6, 2012, Eagan City Council Meeting CONSENT AGENDA: Q. Authorize a memo of understanding with the United States Secret Service (USSS) for reimbursement of overtime incurred by officers working on financial crime investigations ACTION TO BE CONSIDERED: Authorize a memorandum of understanding with the United States Secret Service allowing the Eagan Police Department to receive reimbursement for financial crime investigation expenses to include officer overtime, equipment purchases and training related to financial crime investigations. FACTS: • The memorandum of understanding is established pursuant to provisions of the Treasury Forfeiture Fund Act of 1992. This act established the Department of the Treasury Forfeiture Fund and authorized the payment of certain overtime expenditures, travel, fuel, training, equipment and other similar costs of State and local law enforcement officers that are involved in financial crimes investigations. • By entering into this agreement, the Eagan Police Department will work financial crime investigations that occur in Eagan and any overtime incurred by officers will be reimbursed. The City will also be able to purchase any equipment used to investigate financial crimes. Any law enforcement training attended by officers that relates to financial crimes investigations will be reimbursed by the USSS. • The City of Eagan will be reimbursed up to a maximum of $15,000. • The memorandum of understanding has been reviewed by the City Attorney. ATTACHMENTS: A copy of the memorandum of understanding is attached on pages ---b to (_0 \ . �39 CITY OF EAGAN RESOLUTION AUTHORIZING THE CITY OF EAGAN TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES SECRET SERVICE WHEREAS, the City of Eagan desires to participate in this memorandum understanding for reimbursement of overtime, equipment and training costs related to financial crimes investigations up to $15,000. WHEREAS, the City has not entered into previous memorandums of understanding regarding financial crimes investigations. WHEREAS, the City Councilors of the City of Eagan have duly considered this matter and believe that it is in the best interests of the City to enter into a memorandum of understanding with the United States Secret Service to conduct financial crimes investigations. NOW THEREFORE, BE IT FURTHE RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. ADOPTED this 6th day of August, 2012 Motion by: Seconded by: Those in Favor: Those Against: Date: E• CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE EAGAN, MINNESOTA POLICE DEPARTMENT AND THE UNITED STATES SECRET SERVICE The Eagan, Minnesota Police Department and the United States Secret Service (USSS) enter into this memorandum of understanding (MOU), which becomes effective with the signatures of both parties and remains in effect until terminated by the mutual agreement of the Eagan, Minnesota Police Department and the USSS or upon 30 day written notice by either party to this agreement. I. AUTHORITY This MOU is established pursuant to provisions of the Treasury Forfeiture Fund Act of 1992, 31 United States Code (USC) 9703, as amended. This act established the Department of the Treasury Forfeiture Fund and authorized the payment of certain overtime expenditures, travel, fuel, training, equipment and other similar costs of State and Local law enforcement officers, that are involved in joint operations, with a Department of Treasury law enforcement organization, as prescribed in 31 USC 9703(a)(1)(1)(hereinafter :overtime costs and other expenses). II. PURPOSE This MOU establishes the procedures and responsibilities both of the Eagan, Minnesota Police Department and the USSS for the reimbursement of certain overtime costs and other expenses pursuant to 31 USC 9703. III. CONDITIONS AND PROCEDURES (a) The Eagan, Minnesota Police Department may request reimbursement of payment of overtime costs and other expenses directly related to work performed by its officers assigned to assist the U.S. Secret Service's Minnesota Financial Crimes Task Force in conducting official investigations. The Eagan, Minnesota Police Department will submit all requests for reimbursement payments, together with appropriate documentation, to the USSS Task Force Supervisor. Request for reimbursement will be based solely upon overtime worked and other expenses performed on behalf of the U.S. Secret Service Minnesota Financial Crimes Task Force. (b) All reimbursement hours of overtime costs and all other expenses covered under this MOU must be approved and certified by the USSS Task Force supervisor. The reimbursable overtime payments will be based upon the actual hourly overtime rate, exclusive of matching employer contributions for any taxes or benefits. i!�1 (c) The USSS Task Force supervisor will forward all approved reimbursement requests through the Special Agent in Charge (SAIC) of the USSS' Asset Forfeiture Division, Office of Investigations, to the Treasury Forfeiture Fund's payment agent, U.S. Customs National Finance Center (NFC). (d) During the period of collaboration with the U.S. Secret Service, the Eagan, Minnesota Police Department will remain responsible for establishing the salary and benefits, including overtime rates of the officers) assigned to work in collaboration to the USSS or the Task Force and making all payments due them. Reimbursement under this MOU is contingent upon the availability of mandatory funds allocated to the USSS through the Department of the Treasury Forfeiture fund. (e) The Eagan, Minnesota Police Department shall permit and have readily available for examination and auditing by the USSS, the Department of Treasury, the Comptroller of the United States, and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. They shall maintain all such records and reports until all audits and examinations are completed and resolved, or for a period of three (3) years, whichever is sooner. (f) Payments may be made to the extent they are included in the U.S. Secret Service Fiscal Year Plan and the monies are available within the Department of Treasury Forfeiture Fund to satisfy the request(s) for reimbursable expenses. It should also be understood that the total amount(s) made available to the U.S. Secret Service through the Department of the Treasury Forfeiture Fund, for the reimbursement to the Eagan, Minnesota Police Department, could change at any time. (g) Pursuant to the Treasury executive Office for Asset Forfeiture (TEOAF) directive number 18, the maximum reimbursement entitlement for overtime costs to any one law enforcement official cannot exceed fifteen - thousand ($15,000.00) dollars during the fiscal year. (h) This document does not obligate funds. Funding authority will be provided through other documents. (i) The Eagan, Minnesota Police Department shall provide the U.S. Secret Service within 10 days of the signing of this MOU, with their agency's mailing address, contact name, telephone number and tax identification number. Further, this agency must provide the name, account number and ABA routing number of the financial institution where the Eagan, Minnesota Police Department wants the Electronic Funds Transfer (EFT) payment deposited for the reimbursement of overtime salary costs. Failure to provide this information within the prescribed period of time will nullify this MOU agreement. IV. REVISIONS r The terms of this MOU may be amended upon the written approval of both the Eagan, Minnesota Police Department and the U.S. Secret Service. Such amendment is effective upon the date of approval. United States Secret Service Eagan, Minnesota Police Department Minneapolis Field Office Special Agent in Charge Date: United States Secret Service, Office of Investigations Asset Forfeiture Division Special Agent in Charge Date: �0. Chief or Designee Date: Consent Agenda Information Memo August 6, 2012 Eagan City Council Meeting R. DAKOTA COUNTY CDA REDEVELOPMENT INCENTIVE GRANT REALLOCATION ACTIONS TO BE CONSIDERED: AUTHORIZE a request to reallocate remaining 2010 and 2011 Redevelopment Incentive Grant (RIG) funds to the Cedar Grove Parkway trail project and request a 1 -year extension for use of 2011 funds. FACTS: ➢ The City of Eagan has received RIG awards from the Dakota County CDA each year between 2009 and 2012 to assist with redevelopment activities in Cedar Grove. A significant portion of these funds were used to demolish buildings and build a trail extension to Woodhaven Park. ➢ $175,000 was allocated in 2011 for infrastructure improvements related to a parking lot expansion intended to serve the east end of the development. Since the necessary easements for the project were unable to be secured, the project was discontinued. An additional $50,000 remains in the 2010 allotment for general improvements that will need to be used by the end of 2012. ➢ The City of Eagan was awarded an additional $250,000 in 2012 to assist with construction of a major trail connection along Cedar Grove Parkway from Rahn Road to Nicols Road. As part of this application, the City anticipated reallocation all remaining funds from previous years to this project. ➢ These funds are required to be used within two years of being awarded. The 2010 funds previously received an extension and will need to be used by December 31, 2012. Since the trail project may continue into 2013, Staff is suggesting the City request an additional year to complete the trail project. ➢ The Dakota County CDA simply requires a letter requesting reallocation and extension of terms from the City. City Staff will draft a letter upon this authorization. ATTACHMENTS: (none) WI Agenda Memo August 6, 2012 City Council Meeting S. APPROVE an agreement with Urban Land Institute Minnesota (ULI) to participate in a Regional Indicators Initiative and authorize the Mayor and City Clerk to sign the appropriate documents. ACTION TO BE CONSIDERED: Approve an agreement with Urban Land Institute Minnesota (ULI) to participate in a Regional Indicators Initiative and authorize the Mayor and City Clerk to sign the appropriate documents. FACTS: ® The Regional Council of Mayors, supported by ULI Minnesota, provides a non - partisan platform that strategically engages mayors and land use professionals to support a more connected, more sustainable and more prosperous region. o ULI Regional Indicators Initiative is a collaborative effort involving approximately 20 Minnesota cities that are committed to collect on an annual basis a series of interrelated metrics; i.e. indicators that will help guide city decisions toward a more sustainable future. e The list of metrics includes energy consumption, vehicle miles traveled, solid waste management, water consumption and others. These indicators are planned to help the cities refine several planning tools like comprehensive plans, sustainability plans, zoning and stormwater management ordinances, for example. The first phase of this project calls for the collection of citywide energy consumption. The cities asked to participate will be requesting both electrical and natural gas consumption from their various providers for 2008, 2009, 2010, and 2011. The annual totals will be broken into residential and commercial /industrial for further analysis and benchmarking. © Each participating city will be required to commit $2,500 to this project, which will be added to a grant from the Department of Commerce and potential additional funding from the MPCA. o It is expected that by the 1St quarter of 2013 the first phase report will be available which will include an evaluation of utility use for each city through 2011. This information is intended to help provide a quantifiable benchmark that can be used for future planning. ATTACHMENTS: o Urban Land Institute Regional Indicators Initiative Agreement on pages Urban Land Regional punpil of ayprs Minnesota Regional Indicators Initiative AGREEMENT THIS AGREEMENT is made and entered into this 6t" day of August, 2012, by and between URBAN LAND INSTITUTE MINNESOTA ( "ULI MN ") and CITY OF EAGAN (the "City ") RECITALS A. The Urban Land Institute's mission is to provide leadership in the responsible use of land and in creating and sustaining thriving communities worldwide. B. The Regional Council of Mayors (RCM), supported by ULI Minnesota, provides a non - partisan platform that strategically engages mayors and land use professionals to support a more connected, more sustainable and more prosperous region. C. The RCM Regional Indicators Initiative measures actual citywide environmental metrics. D. The analysis will: • Deepen the understanding of opportunities to save energy and money; • Assist in promoting public understanding of the cities `effects on climate change; • Inform subsequent analyses, plans, and policy decisions by the cities and other; and • Serve as a model for other cities. �i E. LHB, Inc. will serve as Project Manager of the Regional Indicators Initiative project. F. The City of Eagan expressed interest in participating in the Regional Indicators Initiative project. AGREEMENT NOW, THEREFORE, in consideration of the mutual terms hereof, ULI MN and the City agree that the Regional Indicators Initiative project shall be as follows: SCOPE OF WORK Participating cities will pay a fee to cover the cost of the consultant team. This fee will cover the following: Assist with collecting the last four years of data for benchmarking (2008, 2009, 2010 and 2011). Establish a process for collecting data for the next year (2012). ° Evaluate the specific best management practices (BMP) selected by each city participants in and correlate them to the outcomes being measured. Produce a final report that measures each metric individually (i.e. kETUs, gallons, vehicle miles traveled, and waste) as well as in tons of carbon. The report will include data on a per - capita basis for residential data and on a per -jobs basis for commercial /industrial. ° Provide evaluation and comparisons of data for use in selecting strategies and establishing policy. Provide a communication template for public distribution of information. The City will provide the following in support of the Regional Indicators Initiative project and in exchange for the services provided above. City staff will support LHB, Inc., with project assistance from ULI MN, in collecting information, coordinating City meetings, and providing guidance for the completion of services outlined above. L( The City will participate in sharing results and lessons learned to inform and shape the Regional Indicators Initiative. The City agrees to share all data collected publically. SCHEDULE We estimate the data collection phase for each city to take approximately 3 -4 months. This schedule may vary, based upon the number of cities who elect to participate and the ability of the utilities to provide data in a timely manner. We are prepared to begin this process on June 1, 2012. PAYMENT A lump sum fee of Two Thousand Five Hundred Dollars ($2,500.00) will be due to LHB, Inc. at the time of the report, no later than October 1, 2012. Except as amended, the Agreement is and shall remain in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. Urban Land Institute Minnesota By: Its: Chair CITY OF EAGAN in Its: Mayor i Agenda Information Memo August 6, 2012 Eagan City Council Meeting T. CONTRACT 10 -11, AMES CROSSING ROAD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 10 -11 (Ames Crossing Road — Street & Utility Improvements) in the amount of $62,756.65 to Enebak Contracting, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 10 -11 provided for the new street and utility improvements for the Ames Crossing Road extension in northeast Eagan, as authorized by the City Council under City Project 1016R. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Im Agenda Information Memo August 6, 2012 Eagan City Council Meeting U. OUTLOT A, BOULDER LAKES DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate a public drainage and utility easement within Outlot A, Boulder Lakes, and schedule a public hearing to be held on September 4, 2012. FACTS: • On July 20, 2012, City staff received a petition from the property owner, Greg Miller, representing Interstate Partners LLC, requesting the vacation of a public drainage and utility easement within Outlot A, Boulder Lakes, located northwest of Lone Oak Road and Ames Crossing Road in northeast Eagan. • The easement is a drainage and utility easement covering existing public storm sewer along the west edge of the site. • The property owner has applied for a Planned Development Amendment and a Final Planned Development on this property. The City Council is scheduled to consider these applications on September 4. • With this development, the property owner is proposing to relocate the public storm sewer and will be required to dedicate adequate public easement with the re- platting of the parcel. • Notices for a public hearing will be published in the legal papers and sent to all potentially affected and /or interested parties for comment prior to the scheduled public hearing. ATTACHMENTS: • Legal Description, graphic, page O'�A • Location Map, page 9 0. (02 Q �I Outlot B Existing Drainage & Utility Easement \ \ Outlot A - - -- \ ' '' � (D Z Lot 1 I I Block 2 I ii i U I II I I II I U I II I W II I I II I Q I II I I ---- - - - - -J L--------------------- - - - - -I I LONE OAK RD. 0 3 W 0 0 7/31/2012 99 Proposed Drainage & Utility Easement Vacation E City Of Eagan Outlot A, Boulder Lakes Fig. 2 Engineering Department Proposed Drainage & Utility Easement Vacation 49� City of Eagan O '(—'� Fig. 1 utlot A, Boulder Lakes Engineering Department ( 0 Agenda Information Memo August 6, 2012, Eagan City Council Meeting V. TERMINATION AND RELEASE OF DOCUMENTS — LOT 1, BLOCK 1, EAGAN PLACE 4TH ADDITION ACTION TO BE CONSIDERED: To approve a Release of certain Planned Development Agreements related to Lot 1, Block 1, Eagan Place 4th Addition. To approve Consent to Termination of Supplementary Parking Easement Agreement pertaining to Lot 1, Block 1, Eagan Place 4th Addition. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: The agreements in question pertain to Lot 1, Block 1, Eagan Place 4th Addition. ➢ This property was redeveloped in 2008 -2009 with a two -story medical office facility. A Final Planned Development Agreement was executed at that time to govern the use and development of the site. This Final PD Agreement was recorded and will remain in place. Commercial Partners Title is requesting release of certain Planned Development Agreements pertaining to this property. City staff and the City Attorney have reviewed the request and determined that the affected documents are no longer relevant and can be terminated and released. ➢ These include Planned Development Agreements from 1993 and 1994 which pertained to the Mann Theater development, constructed in 1994 as part of the Eagan Heights Commercial Park Planned Development, the 2005 Preliminary PD Agreement (done with the adjacent Best Buy redevelopment) which identified the property for two restaurant buildings; and a 2008 Supplementary Parking Easement Agreement which terminated a 1994 parking easement agreement with an adjacent property. ➢ Commercial Partners Title is now requesting formal City action to terminate and release these agreements. ➢ The termination and release documents have been reviewed by the City Attorney and are in order for approval and execution by the City. ISSUES: None ATTACHMENTS: (3) Location Map, pages Via Consent to Termination of Supplementary Parking Easement Agmt, pages 3 through l q Release of Agreements, pages '15 through '(o nk Eagan Boundary Location Parcel Area Building Footprint l�yyao u1 -- i .- VuVL��C V4�o b. so��D a'® ,D�n rim �� v IBM il 1e ec�e�e 'v 21 � 7i7,9 am'& a»Se� •6 �o v ruJirJvl n u nL�J� a [®a1 1® 7 �® rL� �J rL� �J n L® J LLr�► ✓ 4 ® b 1A ® �. � I an ,` - ®��•�� y ®JII� ©� ® l ®�� an 3 �+] ©® a d�.�,v V G 111 1 111 111 Development: Place 4th Request: i Release of Agreements /.. ress: 1215 Town Centre Drive City of - �. CONSENT TO TERMINATION OF SUPPLEMENTARY PARKING EASEMENT AGREEMENT The City of Eagan hereby consents to the Termination of Supplementary Parking Easement Agreement dated November 24, 2008 and recorded with the Dakota County Recorder on December 15, 2008 as Document No. 2626918 (the "Termination ") which modified and terminated that certain Supplementary Parking Easement Agreement dated December 30, 1993 and recorded with the Dakota County Recorder on February 2, 1994 as Document No. 1190785 (the "Easement Agreement "). This Consent is given pursuant to Section 9 of the Easement Agreement and with respect to the real property located in Dakota County, Minnesota legally described as: Lot 1, Block 1, Eagan Place 4th Addition, Dakota County, Minnesota it being the City of Eagan's intention that by executing and acknowledging this Consent, the same shall be as if it had executed, acknowledged and consented to the Termination. City of Eagan By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: City Clerk {00053611.1) Page 1 of 2 93 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me on , 2012, by Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This Instrument drafted by: Peter J. Sajevic, III, Esq. Leonard, O'Brien, Spencer, Gale & Sayre, Ltd. 100 South Fifth Street, Suite 2500 Minneapolis, Minnesota 55402 (612) 332 -1030 (00053611.1 } Page 2 of 2 9 L RELEASE OF AGREEMENTS Dated: , 2012 The City of Eagan, a Minnesota municipal corporation, hereby releases, cancels and forever discharges the following agreements (collectively, the "Agreements "): 1. Third Amendment to Eagan Heights Commercial Park Planned Development Agreement, dated December 13, 1993, filed February 2, 1994, as Document No. 1190782, and filed November 2, 1994, as Document No. 1248895; and 2. Fourth Amendment to Eagan Heights Commercial Park Planned Development Agreement, filed November 2, 1994, as Document No. 1248896; and 3. The Second Amendment to Final Planned Development Agreement Eagan Heights Commercial Park Planned Development, dated August 16, 2005, filed November 3, 2005, as Document No. 2377147. from the following property (the "Property "): Lot 1, Block 1, Eagan Place 4th Addition, Dakota County, Minnesota The Agreements have been canceled and superseded by that certain (i) Final Plat Development Agreement Lot 1, Block 2, Eagan Place Third, dated May 20, 2008, filed July 28, 2008, as Document No. 2604704 and that certain (ii) Development Contract by and between the City of Eagan and MSP /Eagan Place, LLC for the development of Eagan Place 4th Addition, dated October 21, 2008, a copy of which is attached as Exhibit A, as to the Property. The Dakota County Recorder is authorized to accept for recording and to record and file this Release as conclusive evidence that the Agreements are no longer applicable to the Property and evidence of the release of the Agreements from the Property. (00053613.1 ) V e City of Eagan By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me on , 2012, by Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public This Instrument drafted by: Peter J. Sajevic, III, Esq. Leonard, O'Brien, Spencer, Gale & Sayre, Ltd. 100 South Fifth Street, Suite 2500 Minneapolis, Minnesota 55402 (612) 332 -1030 (00053613.1) 1 `F^' Agenda Information Memo August 6, 2012, Eagan City Council Meeting VI. PUBLIC HEARINGS A. VARIANCE — ANDREW LAWRENCE (1308 RASPBERRY LANE) GI�I�1]�QI i 1]�f_.y 11711►7111� To approve (OR direct preparation of Findings of Fact for Denial) a 12' Variance to the required 30' structure setback from a public right -of -way to allow a third stall garage addition upon property located at 1308 Raspberry Lane, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ Hilltop Estates was platted in 1978 and this single - family home with two -stall attached garage was constructed in 1983. The lot is 14,139 s.f. in area. ➢ The property is a corner lot and takes driveway access off Raspberry Lane to the north. The east side of the lot abuts Raspberry Court. ➢ City Code requires a minimum 30' structure setback from public right -of -way on property zoned R -1. ➢ At its closest point on the south end, the existing garage is set back from the east side lot line 30'. The east lot line is curved such that the north end of existing structures is set back further than the south end. ➢ With the proposed 15' wide by 22' deep garage addition, the proposed setback to the east lot line abutting Raspberry Court is approximately 18' at the southerly corner, its closest point. ➢ The applicant has stated that the hardship is that the property is a corner lot, which creates a practical difficulty with a larger required setback on the east side of the lot. ➢ The elevation plan indicates the proposed garage addition will be architecturally compatible with the existing structure and match the appearance of the home. ➢ A Building Permit is required prior to commencing construction. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: September 9, 2012 ATTACHMENTS: (2) Location Map, page r( 18 Planning Report, pages 11 � through S9 99 Location , apt I I I I Feet 0 250 500 1,000 Project Name: 1308 Raspberry Lane (Lawrence) Legend Request: Variance City Boundary Case Nos.: 22- VA- 06 -07 -12 Parcels i Parks `\ Buildings !!!! N City of Eap �� PLANNING REPORT CITY OF EAGAN REPORT DATE: August 2, 2012 APPLICANT: Andrew Lawrence PROPERTY OWNER: Andrew Lawrence REQUEST: Variance LOCATION: 1308 Raspberry Lane CASE: 22- VA- 06 -07 -12 HEARING DATE: August 6, 2012 APPLICATION DATE: July 11, 2012 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: R -1, Single Family Residential SUMMARY OF REQUEST The applicant is requesting approval of a 12' Variance to the required 30' structure setback from a public right -of -way to allow a third stall garage addition upon property located at 1308 Raspberry Lane, legally described as Lot 9, Block 5, Hilltop Estates. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11. 50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. "Iq Planning Report — 1308 Raspberry Lane (Lawrence) August 6, 2012 Page 2 d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. £ The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in hannony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Section 11.60, Subd. 5 E, requires a minimum 30 -foot structure setback from public right -of -way on property zoned R -1. BACKGROUND /HISTORY Hilltop Estates was platted in 1978. The house was constructed in 1983. There is a two -stall attached garage present on the site. EXISTING CONDITIONS The property is a corner lot and takes driveway access off Raspberry Lane to the north. The east side of the lot abuts Raspberry Court. The east side lot line is slightly curved such that the southerly portion of the house is closest to that lot line at the minimum 30' setback; the garage on the northern end of the building is further set back. The lot is 14,139 s.f. in area. Sh, L ... IW,. 7708 N.npLelly L.m jLavneuce) t 1-1� Planning Report — 1308 Raspberry Lane (Lawrence) August 6, 2012 Page 3 EVALUATION OF REQUEST Proposal — The applicant is proposing to construct a third -stall garage addition on the east side of the existing attached garage. The proposed addition would be 15' deep by 22' wide, extending 15' out from the existing garage and into the required 30' setback from Raspberry Court. Setbacks — Because of the curve in the lot line, the actual setback of the proposed garage has been estimated based on the scaled drawing from building permit records. The proposed setback is approximately 18 feet at the southerly corner, its closest point. Lot Coverage — The existing building occupies approximately 1,894 s.f. or 13.4% of the lot area. The proposed 15' x 22' addition would add 330 s.f., bringing the lot coverage to 2,224 s.f. or 15.7 %. This is below the R -1 maximum of 20 %. There are no detached accessory structures present on the property. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. The Zoning Ordinance states that relief may be granted provided that there are special conditions that apply to the parcel in question. A single family dwelling with an attached two -stall garage is present on the site. The surrounding area is developed with similar single - family homes with both two -stall and three -stall attached garages. Thus, a reasonable use presently exists on the site, and likewise, the proposed three -stall use also appears reasonable in the context of the surrounding area. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties, provide consistent sight - lines and to provide green space. Since the request is to reduce the yard requirement, it appears to be contrary to the intent of the ordinance. The applicant is requesting relief from a required minimum setback to allow for the construction of a 15' x 22' garage addition. The site is a corner lot with two street frontages and resulting (Z` Planning Report — 1308 Raspberry Lane (Lawrence) August 6, 2012 Page 4 larger setbacks than for a typical side yard. However, this characteristic is shared by other corner lots in this neighborhood and elsewhere within the City. The proposed garage addition will result in more off - street enclosed parking and indoor storage area for the property. A garage stall typically can be constructed in less than 15'. The proposed 15' width allows for the garage exterior to match the architectural style and appearance of the existing structure. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. The required visibility triangle at the intersection of the two streets would remain unobstructed. APPLICANT'S ESTIMATE OF HARDSHIP The applicant's narrative states that the proposed use for a third car garage stall and parking space, which is needed because of older children who now also drive, and the proposal means more vehicle parking for this property. The practical difficulty is the corner lot. The applicant states the proposed addition will not have a detrimental impact on visibility at the street corner. The surrounding area has a mix of both two and three stall garages. The proposed garage addition will increase the off - street parking area for this property and help "resolve the issue of cars parked in the street." In addition, the garage addition is designed to be architecturally compatible with the existing structure. SUMMARY /CONCLUSION In summary, the applicant is requesting a 12 -foot Variance to the required 30 -foot front yard setback to allow a third -stall garage addition at 1308 Raspberry Lane. A single - family home with a two -stall attached garage is present on the site. The applicant has stated that the hardship is that the property is a corner lot, which creates a practical difficulty with a larger required setback on the east side of the lot. The elevation plan indicates the proposed garage addition will be architecturally compatible with the existing structure and match the appearance of the home. ACTION TO BE CONSIDERED To approve a 12' Variance to the required 30' structure setback from a public right -of -way to allow a 15' wide third stall garage addition upon property located at 1308 Raspberry Lane. If approved, the following conditions should apply. MW 164 MW A Planning Report — 1308 Raspberry Lane (Lawrence) August 6, 2012 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use pennitted in the variance. 2. In accordance with City Code standards, the driveway shall not be more than 22' wide at the property line. 3. A Building Permit shall be obtained prior to commencing construction. 4. The applicant shall locate the property boundaries, or provide a survey prepared by a licensed land surveyor, prior to application for building permit. 5. The proposed addition shall not exceed 15' in width. 6. The addition shall not exceed one story, and the roof design and style shall snatch the principal structure. 7. The garage addition shall be finished with exterior materials to match the existing principal structure. Location •. t � a ,a. Subject Site F �U to VVY su ,Yv %Patch " wveway.vavmw Map Area Extent w atrick Eagan Pa r i BLUEBERRY 4 L � al Project Name: 1308 Raspberry Lane (Lawrence) Request: Variance Case Nos.: 22- VA- 06 -07 -12 *Cityflapn gL� Feet 0 250 500 1,000 Legend City Boundary l-1 Parcels /\ Parks Buildings N ■UNte■■e'■ ■Io�tee to ■�r■►�� MINE No mill Project Name: 1308 Raspberry Lane (Lawrence) Request: Variance Case Nos.: 22- VA- 06 -07 -12 *Cityflapn gL� Feet 0 250 500 1,000 Legend City Boundary l-1 Parcels /\ Parks Buildings N LOT 9 BLOCK HILLTOP ESTATES EAGAN MN vtr d -y, -4� F E 110 LU LU W. lru-)Dc" z OL z z O :3 U- 9 lu z Lu LU Cx: O Lu LU Cx: USE: c G 6g66 F �TA -I.L Afqp k -1 tv 6 seo cc GJE N fiw(-- OICy Q r k lS ea(unc QT-. L, �fA P/ rl C A1� V(<le>J( -tzy c -c -D �1�. P2b�C -�T(� rN euie AJC-r�N�aKKO60 'F �3 �I�h TN2C97 ce 01n6 ( iS G�j�A- c' A/61'1cS�._. t._ ._..M'vuSG% N EK, Y�cSo2 r,S 6 oW¢�- RECEIVED .1UL 1 12012 KARR6T(vE: -- M Agenda Information Memo August 6, 2012, Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT, AND VARIANCE — MINNESOTA VALLEY TRANSIT AUTHORITY ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Subdivision (Minnesota Valley Transit Authority 3 "d Addition) to create two lots upon approximately16.3 acres located at 3600 Blackhawk Road, legally described as Lot 1, Block 1, Minnesota Valley Transit Authority 2nd Addition, subject to the conditions in the APC Minutes. To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow off -site parking for property located at 3600 Blackhawk Road, upon proposed Lot 2, Block 1, Minnesota Valley Transit Authority 3rd Addition, subject to the conditions listed in the APC minutes. To approve (or direct preparation of Findings of Fact for Denial) a Variance to the 25 % minimum green space requirement to permit 23% green space for proposed Lot 1, Block 1, Minnesota Valley Transit Authority 3rd Addition, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The site is located west of Hwy. 13 between Blackhawk and Shawnee Roads. ➢ In a cooperative arrangement between Metropolitan Council and MVTA, the site was originally developed in 2004 -2005 as a single parcel. Future expansion of the bus garage was contemplated; however, the adjacent parcel at the corner of Shawnee Rd. and Hwy. 13 was not available at that time. ➢ MVTA has recently acquired the adjacent parcel, and Metropolitan Council and MVTA are proposing to subdivide the property to incorporate the additional land and create two new parcels to allow separate ownership of the bus garage facility (MVTA), and the fly ash landfill area (Met Council). ➢ As a result of the subdivision, the additional parking to support the bus garage expansion on Lot 1 will be located on Lot 2 which contains the fly ash, resulting in the request for Conditional Use Permit for off -site off - street parking. ➢ Also as a result of the subdivision, the proposed green space on Lot 1 is —23% as compared to the required minimum of 25 %, resulting in the request for a Variance. ➢ The proposed expansion of the MVTA bus garage will increase bus storage capacity from 60 to 100 buses, and the maintenance area will increase from 8 bays to 11 bays. ➢ This project is intended to accommodate the storage and maintenance of new buses to be used on the Cedar Avenue BRT routes. MVTA will continue to operate its Burnsville site as well. ➢ The Tree Preservation Ordinance applies, and tree mitigation is required. The Tree Mitigation Plan shows mitigation plantings both on the subject site and off -site at MVTA's Cedar Grove Transit Station. ➢ This development proposal represents a cooperative effort between two public agencies to make efficient use of a constrained site and incorporate into the existing development a parcel at the corner of Shawnee and Hwy. 13 which would otherwise be difficult to redevelop on its own. ➢ The proposed development appears to satisfy City Code requirements. Conditions of approval call for providing some additional details either at the time of Final Subdivision or with the Building Permit to confirm compliance with City Code standards. ➢ The Advisory Planning Commission held a public hearing on July 24, 2012, and did recommend approval of all three requests. ISSUES: None 60 -DAY AND 120 -DAY AGENCY ACTION DEADLINES: ➢ 60 -days waived for Variance and CUP ➢ 120 -days for Preliminary Subdivision = November 7, 2012 ATTACHMENTS: (3) Location Map, pages Draft July 24, 2012, APC minutes, pages as throughgq Planning Report, pages q5 through l �® G�D Location Map Project Name: MVTA Bus Garage Request: Preliminary Subdivision, Conditional Use Permit & Variance Case Nos.: 17- PS- 02- 06 -12; 17- CU- 04- 06 -12; 17- VA- 04 -06 -12 Cily of Eap 1 —1 Feet 500 1,000 2,000 Legend .RA,rW�' MIrat1,+ City Boundary Parcels \ Parks Buildings N Advisory Planning Commission July 24, 2012 Page 2 of 5 IV. PUBLIC HEARINGS A. Minnesota Valley Transit Authority 3rd Addition Applicant Name: MVTA Location: 3600 Blackhawk Rd; Application: Preliminary Subdivision A Preliminary Subdivision to create two lots upon approxim File Number: 17- PS- 02 -06 -12 Application: Conditional Use Permit = frf A Conditional Use Permit to allow for off -site parkin A Variance to the minimum 25% green s greenspace for proposed Lot 1. Planner Dudziak introduced this report dated July 19, 2012. She The applicant's representatives There being ndd discussion back There was disc= N parking on the would not be in f right to put the pa against the property 6 acres. ately 23% rmation presented in the City Staff any questions. ney closed the public hearing and turned the )gyMOWhe parking on one parcel to eliminate the need for famed that doing so would split the landfill into two parcels. are to contain the landfill area under the single ownership of trees being available as part of the tree mitigation and if it Planner Dudziak stated it is acceptable per City Code, n on the easement to allow the Minnesota Valley Transit Authority (MVTA) opolitan Council parcel. City Planner Ridley explained that the easement r of the City; however, the City does want to ensure that the MVTA has the ng on the Metropolitan Council property and that the easement is recorded Member Supina moved, Member Piper seconded a motion to recommend approval of a Preliminary Subdivision (Minnesota Valley Transit Authority 3rd Addition) to create two lots upon approximately16.3 acres located at 3600 Blackhawk Road, legally described as Lot 1, Block 1, Minnesota Valley Transit Authority 2nd Addition, subject to the following conditions: Advisory Planning Commission July 24, 2012 Page 3 of 5 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1, B3, B4, C1, C2, E1 2. The property shall be platted. 3. This subdivision shall dedicate the public right -of -way needed for Shawnee Road, in accordance with City engineering standards. 4. Any new rooftop mechanical equipment shall be set back a minimum of 20' from the edge of the structure. If any new rooftop equipment cannot be screened by the parapet, a separate screening structure shall be installed to comply with City ordinance requirements. Compliance with these standards shall be determined at the =dime of building permit. 5. The applicant shall obtain all necessary permits and appro ads from the City, State, or other agencies prior to installation of the fuel tank.{ 6. Building address numbers shall be reviewed and replactlf necessary to comply with the E provisions of Section 2.78 of City Code. 7. All other signage shall meet City Code standards 8. A photometric lighting plan shall be provide dfa t mE buildint #permit to demonstrate compliance with City Code standards. 9. An easement shall be provided over Lo efiting Lot 1 for the -site parking. The parking easement agreement shall be t - I etlI #o thgO ity Attorney f rr review and approval. 10. The applicant shall fulfill required tree m iii gati . . the installat1 of one - hundred twenty -four (124) Category rees (or an equiv- number of Categy A, B, or C trees) as fulfillment of Tree Presery ,,. require nts. 11. The applicant shall provide a al ntee for dscaping and tree mitigation at the time of final subdivision. 12. The applicant shall provide the City for r a planting p an with specifications for soil amendments and site preparati m, eta improve gdwing conditions and increase long -term surviv he propose ''igatio��as, 13. The applicant�sh IN the co ions of b the development site (bus garage site) and the offs fliiitigation area (C r Grove Tran t Station) and address deficiencies in the existing Ian ing- efore instal any new trees (i.e. identify and replace any unhealthy, damaged or wet, l4tr previously in Iled with initial development). 14. Prior to install ioio the new trees, applicant shall contact the City Forester for a field Tvnr e miti aticiiitfthc�lte f installation to review and verify that planting _t ___. _q g Y p g WM sp cifica io re beiftfollowed. B oth Lots 1 an Q are s%il _ect to a cash park dedication, which shall be deferred until such # : e that the site's no long `owned by a public service agency. At such time, there shall e past creditand payme t in full of the park dedication at the prevailing rate shall be due all lots. 16. A caail dedi }tion shall bzollected at the time of final subdivision, prior to releasing the plat for r�ordin; All voted in fav6fikMotion carried 6 -0. Member Supina fived, Member Piper seconded a motion to recommend approval of a Conditional Use£permit to allow off -site parking for property located at 3600 Blackhawk Road, upon proposed Lot 2, Block 1, Minnesota Valley Transit Authority 3rd Addition, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County with recording of the Final Plat of Minnesota Valley Transit Authority 3rd Addition. V Advisory Planning Commission July 24, 2012 Page 4 of 5 2. An easement shall be provided over Lot 2 benefiting Lot 1 for the off -site parking. The parking easement agreement shall be provided to the City Attorney for review and approval prior to final subdivision and release of the CUP for recording. 3. A photometric lighting plan for the parking lot shall be provided at time of building permit to demonstrate compliance with City Code standards. 4. The parking lot shall satisfy dimensional standards of the City Code, including 24' aisles, 10' x 19' parking stalls, and 5% of the parking area in islands which may provide for planting. 5. The Applicant is responsible for obtaining any other agency; ermits or approvals that may be necessary prior to construction over the landfill area. All voted in favor. Motion carried -0. Member Supina moved, Member Piper seconded a mo , t ommend approval of a Variance to the 25% minimum green space require - -en pe ral 23% green space for proposed Lot 1, Block 1, Minnesota Valley Tran ' rthy 3rd A d1i ion, subject to the following conditions as amended: - -_ 1. If within one year after approval, the var�ande shall no shall become null and void unless a pe ii ion fd ei Such extension shall be re sted in writin at state facts showing a good f f;• . tempt t, om variance. Member Piper stated he is in favor.. f the Y because acceptable circumstance for the Vaf4 ncgr City Attorney BafafBaT- 00tated the c hazardous wa end th&landfill can All voted in favor IM- rried 6 -0. 2 C rq I ave been cc pleted or utilized, it ni has been grunted by the council. days before 6' iration and shall utilize the use permitted in the ing fly ash landfill is an is not needed because fly ash is a PLANNING REPORT CITY OF EAGAN REPORT DATE: July 19, 2012 APPLICANT: MVTA PROPERTY OWNER: Metropolitan Council REQUEST: Preliminary Subdivision LOCATION: 3600 Blackhawk Road CASE: 17- PS- 02- 06 -12; 17- CU- 04 -06 -12 17- VA- 04 -06 -12 HEARING DATE: July 24, 2012 APPLICATION DATE: July 10, 2012 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST MVTA is proposing a Preliminary Subdivision (Minnesota Valley Transit Authority 3 "" Addition) to create two lots upon approximatelyl6.3 acres, a Conditional Use Permit to allow off -site off - street parking upon proposed Lot 2, and a Variance to the 25% minimum green space requirement for proposed Lot 1. The subject site is located at 3600 Blackhawk Road, currently legally described as Lot 1, Block 1, Minnesota Valley Transit Authority 2nd Addition. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. 61G- Planning Report — MVTA 3 "d Addition July 24, 2012 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other infoi7nation contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Plamiing Report — MVTA 3`d Addition July 24, 2012 Page 3 Conditional Use Permit: 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 pen-nit and the Council shall issue such conditional use pennits 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. 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. 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 Plait. 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. q l] Plaiming Report — MVTA 3`1 Addition July 24, 2012 Page 4 Variance: City Code Chapter 11, Section 11. 50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." BACKGROUND /HISTORY The site is located west of Hwy. 13 between Blackhawk and Shawnee Roads. The property was platted in 2004 and the Metropolitan Council and the MVTA jointly developed the MVTA bus garage on the site in 2005. Ownership of the site remained with the Metropolitan Council. Subsequently, the Adelmann parcel at the corner of Hwy. 13 and Shawnee Road became available, and MVTA purchased it for an expansion of the bus garage facility. M Planning Report — MVTA P Addition July 24, 2012 Page 5 EXISTING CONDITIONS MVTA's 80,000 SF bus garage, constructed in 2005, is located on the southeastern portion of the site. Access to the property is from Blackliawk Road to the north. Associated parking is located on the east side adjacent to Hwy. 13. The north and northwestern part of the property contains the Seneca Ash Landfill, which limits the developable area of the site. The Seneca Ash Landfill is owned and managed by Metropolitan Council. The structures that previously existed on the Adelmann parcel at the corner of Shawnee and Hwy. 13 were removed in 2011. A retaining wall and marry previously planted evergreen trees which served as mitigation for the original bus garage construction are located adjacent to the former Adelmann parcel. The landfill on this site is currently inactive and was capped in 1996. According to Julie Henderson of the MN Pollution Control Agency, fly ash is an extremely fine airborne residual from incineration (of sewage sludge or coal) that is typically collected in bags and deposited in designated ash dump sites. Since the mid 1980's, ash dump sites have been required to be lined to avoid potential leaching or migration into ground water supplies. Fly ash takes on a cement -like quality over time and should not pose any environmental concerns if left undisturbed. If the fly ash were to be excavated and "broken apart ", a potential exists that the ash particles would become airborne and create an environmental hazard. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal - The Met Council and MVTA are proposing to subdivide and replat the property to incorporate the former Adelmann parcel and to separate the fly ash landfill from the developed portion of the property. Metropolitan Council will continue to own and manage the fly ash landfill area on proposed Lot 2, and MVTA will own and manage the parcel containing the bus garage facility on proposed Lot 1. An underground fuel tank is proposed on the southeast corner ExistinI4 Use Zoning Land Use Designation North Industrial (Citi- Cargo) I -1, Limited Industrial IND, Limited Industrial South Restaurant (LaFonda's) 1 -1, Limited Industrial IND, Limited hndustrial East Residential R -1, Single - Family R -3, Townhome LD, Low Density resid. MD, Medium Density resid. West Industrial warehouse and Utility uses I -1, Limited Industrial IND, Limited Industrial EVALUATION OF REQUEST Proposal - The Met Council and MVTA are proposing to subdivide and replat the property to incorporate the former Adelmann parcel and to separate the fly ash landfill from the developed portion of the property. Metropolitan Council will continue to own and manage the fly ash landfill area on proposed Lot 2, and MVTA will own and manage the parcel containing the bus garage facility on proposed Lot 1. An underground fuel tank is proposed on the southeast corner Planning Report — MVTA P Addition July 24, 2012 Page 6 of the site. The applicant is responsible for obtaining all necessary pennits and approvals prior to installation of the fuel tank. The proposed expansion of the MVTA bus garage will increase bus storage from 60 to 100 buses, and the maintenance area will increase from 8 bays to 11 bays. This project is intended to accommodate the storage and maintenance of new buses to be used on the Cedar Avenue BRT routes. MVTA will continue to operate its Burnsville site as well. The subdivision of the property and proposed expansion of the bus garage facility will result in less than 25% green space on proposed Lot 1, hence the request for Variance. The parcel boundaries are the result of the extent of the fly ash landfill area and the location of monitoring wells for the landfill. Because of the fly ash presence, proposed Lot 2 will remain undeveloped and except for the proposed parking lot, it will remain green space. The proposed expansion of the bus garage will require additional parking. The applicant proposes the additional parking just west of the existing driveway from Blackhawk Road, upon Lot 2. With the subdivision, this results in off -site off - street parking as a principal use -- a parking lot upon Lot 2 serving development on Lot 1. Section 11.70, Subd. 5 of the City Code provides for such off -site off - street parking with a Conditional Use Permit. Compatibility with Surrounding_ Area — The proposal involves expansion of an existing use, the bus garage facility. The use is permitted in I -1 zoning, and surrounding properties on the same side of Hwy. 13 are also zoned I -1. The off -site parking is necessitated by the subdivision of the land, which is proposed only to allow separate ownership by MVTA and Met Council of the bus garage facility and the fly ash landfill areas of the property. Airport Noise Considerations — The site is located within the one -mile buffer of Airport Noise Zone 4. Industrial uses are considered compatible within Zone 4. Lots and Density — Lot 1 containing the bus garage facility is proposed to be 7.15 acres (5.45 acres net of public easement areas). Lot 2 containing the fly ash landfill and proposed new parking lot is 9.10 acres (8.20 acres net of public easement areas). Building coverage on proposed Lot 2 will remain 0 %. The proposed parking lot to serve the expanded bus garage covers 5% of the Lot 2 area. Building coverage on Lot 1 is proposed to be 32% as compared to the I -1 maximum of 35 %. Green space on Lot 1 is proposed to be 23 % as compared to the I -1 minimum of 25 %. For this, a Variance is requested. The basis for the variance is the presence of the fly ash landfill, which remains in green space, albeit on a separate lot. The property is being subdivided in order to facilitate separate ownership of the bus garage by MVTA and continued ownership and management of the landfill area by Metropolitan Council. On the whole, the development site maintains 63% green space. Plaiming Report — MVTA P Addition July 24, 2012 Page 7 Parking — An expansion of the building area requires additional parking per City Code. The existing parking lot provides 79 parking stalls. The proposed parking lot will have 58 stalls for a total of 137 stalls. The appropriate number of accessible stalls will be provided. The building with the proposed addition totals 101,160 s.£ The total expanded building consists primarily of bus storage area (from 60 to 100 buses in 74,876 SF), with bus service and maintenance areas (from 8 to 11 bays in 21,540 SF) and administrative and office space (8,020 s.£). The City Code does not specify parking ratios for this type of use. The MVTA is proposing off - street parking to meet their needs for drivers, administrative staff and bus mechanics. CUP for Off -site Parking as a Principal Use — The off -site parking proposed with this development appears to satisfy City Code standards. City Code Section 11.70 Subd. 4 allows off -site off - street parking with a Conditional Use Permit, when it is "a principal use on a parcel of land which shall be deemed servient to a dominant parcel on which a principal use is located and served by the off -site off - street parking ... on the servient parcel." The ordinance is intended to provide supplementary off -site off - street parking which complements the existing off - street parking on the dominant parcel. The City Code sets forth performance standards for off -site off - street parking as a principal use which require the following: a) The dominant parcel, which shall be served by the off - street parking or outdoor storage on the servient parcel, cannot physically accommodate the parking or storage needs of the principal use on the dominant parcel. The dominant parcel is proposed Lot 1, which contains the bus garage facility. The servient parcel is proposed Lot 2, which contains the fly ash landfill. The confines of the fly ash landfill area determine the developable area of the overall site, and the configuration of the two parcels proposed with the subdivision. The MVTA bus garage expansion and existing parking occupy the developable area of Lot 1 while meeting setback standards of the I -1 zoning district. The facility expansion could be made smaller to accommodate the additional parking on -site, however, this cooperative arrangement between two public agencies makes the most efficient use of the site and allows use of Lot 1 to be maximized. b) The parcel on which the off - street parking is located and the dominant parcel which the off - street parking serves shall be within the same zoning districts. Both parcels are located within the I -1, Limited Industrial, zoning district. c) The servient parcel on which the off - street parking or outdoor storage area is located is a reasonable distance not to exceed 660 feet at the closest point from the lot line of the dominant lot. The two parcels are contiguous. `0� Planning Report — MVTA 3rd Addition July 24, 2012 Page 8 d) The off -site off - street parking area shall meet the requirements for off - street parking set forth in the zoning ordinance. The concept parking plan satisfies setback requirements and dimensional requirements. Landscape requirements may not be fully met because of the fly ash landfill The narrative states that planting islands "are possible, but plant materials over the landfill cover are limited to grasses with relatively shallow root systems." e) Off -site off - street parking on the servient parcel shall have fewer parking spaces and less area than the dominant parcel. The off -site parking on the servient parcel, Lot 2, is proposed to have 58 stalls, whereas the existing parking on the dominant parcel, Lot 1, has 79 stalls. Items a through c and item e are satisfied with this proposal. Item d is partially satisfied, standard landscape requirements for parking lots may not be fiilly met due to the presence of the fly ash landfill. An easement should be provided over Lot 2 benefiting Lot 1 for the off -site parking. The parking easement agreement shall be provided to the City Attorney for review and approval. Landscaping — The proposed landscape plan is acceptable. Existing site landscaping consists primarily of parking and perimeter landscaping. Planting over the buried fly ash is restricted to grasses and plants with very shallow roots. The original construction of the bus garage exceeded allowable tree removal amounts and mitigation trees were planted along the southeastern corner of the site. Screening of the new construction area in the southeast appears to be provided by the proposed landscaping and grade differences New plantings in the southeast corner of the site consist of Black Hills Spruce with dogwood and juniper shrubs, and River Birch trees at the corner. On the inside of the retaining wall, Engelmann Ivy is proposed which will vine up the wall to visually soften it. This ivy treatment was used on other retaining walls for the initial bus garage construction. Since mitigation trees from the initial construction are being removed for this expansion, those trees need to be replaced. New landscaping must meet City Code standards with the mitigation being provided in addition to it. A separate Tree Mitigation Plan is provided. In order to meet the mitigation obligation for this development, MVTA is proposing to plant mitigation trees off - site at the Cedar Grove Transit Station. A detailed evaluation of the Tree Mitigation Plan is discussed elsewhere in this report which concludes that approximately 80% of the trees proposed for the bus garage site fiilfill landscape requirements, with the other 20% and the off -site trees fulfilling the mitigation obligation. A financial guarantee should be provided for landscaping at the time of final subdivision. Planning Report — MVTA 3`d Addition July 24, 2012 The applicant shall confirm the conditions of the bus garage site to address deficiencies in the existing landscaping prior to installing any new trees (i.e. identify and replace any unhealthy, damaged or dead trees previously installed with initial development). Mechanical Equipment — Any rooftop mechanical equipment should be screened by a parapet wall. City Code requires new rooftop mechanical equipment to be set back a minimum of 20' from the edge of the structures. If any new rooftop equipment cannot be screened by the parapet, a separate screening structure should be installed to comply with City ordinance requirements. Compliance will be determined at the time of building permit when more detailed construction drawings are available. Setbacks — Required setbacks for buildings in I -1 zoning are: Building -- 40' from Shawnee Road and 50' from Hwy. 13; 20' from side and rear lot lines. Parking -- 20' from public rights -of -way; 5' from side and rear lot lines. The proposed new building and parking lot satisfy these minimum setback standards. Building Architecture /Materials — The building expansion is proposed to be constructed in a consistent architectural style and of materials to match the existing building, which is precast concrete, brick, glass, with metal overhead doors for vehicle access to the service bays and indoor bus storage. Si na e — Building address numbers should be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. All other signage should meet City Code standards. Li htin — Site lighting is required as necessary for security, safety and traffic circulation. All lighting shall be indirect and diffiised or shielded such that the source of light is not visible from off the property. Parking lots should provide minimum light levels of not less than 0.5 footcandles throughout, and lighting should not exceed 1.0 footcandles at the property line. MVTA and Met Council are continuing to explore lighting options for the new parking lot because the presence of the landfill area limits where footings for light standards can be placed. A photometric lighting plan should be provided at time of Building Permit to demonstrate compliance with City Code standards. Grading/Topography — The preliminary grading plan is acceptable. New grading of the bus garage expansion and parking lot expansion areas are proposed with this subdivision. Lot 1 is developed and contains the existing bus garage. A relocation of a portion of water main along Highway 13 is needed to accommodate the proposed grading in the southeast corner of the site. FOW Planning Report — MVTA 3rd Addition July 24, 2012 Page 10 Storm Water Mana ement — The preliminary storm water management plan is acceptable. An existing storm sewer system serves Lot 1. This development will need to comply with the City's Post Construction Requirements (City Code §4.33) for storm water management and surface water quality. These regulations include: design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control — performance standards. They also provide for: minimization of impervious surface area and maximization of infiltration and retention; acceptable complementary storin water treatments; pond requirements; regional ponding; and maintenance of private storm water facilities. Utilities — Public sanitary sewer and water main service of sufficient size and capacity serves the existing bus garage building on Lot 1, and any extension of services to the bus garage expansion will be internal to the building. Streets /Access /Right- of -Way /Easements — Public street access will remain at two locations, one to Shawnee Road and the other on Blackhawk Road. An easement should be provided for the off -site parking over Lot 1 benefiting Lot 2. This subdivision should dedicate the public right -of -way needed for Shawnee Road along the property's south side, in accordance with City engineering standards. The proposed plat shows this dedication. The parking easement agreement shall be provided to the City Attorney for review and approval. Financial Obligation — At this time, there are no pending or levied assessments on the parcels proposed for platting. Wetlands /Water Quality - Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Tree Preservation - A tree inventory submitted with this application indicates that there are nine (9) significant trees and one- thousand three hundred fifty square feet (1,350 square feet) of significant woodlands existing at this site. This individual tree resource is comprised of boxelder, silver maple, spruce and apple trees. Tree diameters range from 12 inches to 18 inches. The significant woodlands are comprised of boxelder trees in the diameter range of 6 " -12 ". Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal (single -lot single -phase commercial) is set at 30% of the total significant trees. According to the plan submitted, significant tree impacts will result in the removal of all nine significant trees and all 1,350 square feet of significant woodlands (100% of the total). In addition, the expansion will result in the removal of fifty -three (53) twelve foot spruce trees that were installed as tree preservation mitigation with the original building construction. 1 C) q Planning Report— MVTA 3rd Addition July 24, 2012 Page 11 Because the proposed significant tree removal is more than the allowable amount, there is required tree mitigation that calculates to eighteen (18) Category B trees (or an equivalent number of Category A, B, or C trees) for the existing significant trees and woodlands to be removed. In addition, the 53 spruce trees previously installed as mitigation shall be replaced on a one -to -one basis with trees of equal or greater height (12 foot). Therefore, total required tree mitigation is eighteen (18) Category B trees plus fifty -three (53) Category A trees (or an equivalent number of Category A, B, or C trees) for a total tree mitigation of one - hundred twenty -four (124) Category B trees. The applicant has submitted a Landscape Plan (Eagan Bus Garage) that indicates the installation of sixty -two (62) equivalent Category B trees as well as a Landscape Plan (Cedar Grove Transit Station) that indicates the installation of one - hundred eleven (I 11) equivalent Category B trees, for a total proposed planting of 173 Category B equivalent trees. The equivalent of 13 Category B trees on the bus garage site satisfy mitigation requirements, the remaining 49 equivalent Category B trees (or 80 % of the amount proposed) on that site serve as landscaping. Staff is somewhat skeptical about the extensive off -site mitigation, due to the soil conditions and condition of existing landscaping at the Cedar Grove Transit Station site. The applicant should provide the City Forester a planting plan with specifications for soil amendments and site preparation measures to improve growing conditions and increase long -term survival of the proposed mitigation trees. The applicant should confirm the conditions of both the development site (bus garage site) and the off -site mitigation area (Cedar Grove Transit Station) to address deficiencies in the existing landscaping prior to installing any new plantings (i.e. identify and replace any unhealthy, damaged or dead trees previously installed with initial development). Prior to installation of new trees, the applicant should contact the City Forester for a field review of the mitigation site at the time of installation to review and verify that planting specifications are being followed. A financial guarantee should be provided for the required tree mitigation at the time of final subdivision. Parks and Recreation — This property has not previously satisfied or been subject to park or trail dedications. The property was platted in 2004 as Minnesota Valley Transit Authority 2nd Addition, however, there was no subdivision so park and trail dedications were not required at that time. Since a subdivision is now proposed, the site is responsible for park and trail dedications. Trail dedication is based upon net acres, and park dedication is based upon the size of the building. Thus the dedication amounts based on 2012 rates are as follows: Lot 1 Trail Dedication $6,818 (5.45 net acres) Park Dedication* $25,453 (107,850 s.£) * 2012 industrial rate = $236/1,000 s.f. of building Lot2 $ 10,258 (8.20 net acres) $ 0 (no building) Planning Report — MVTA 3"1 Addition July 24, 2012 Pave 12 Given that the property and development is owned by and involves two public agencies (MVTA and Metropolitan Council), the City may choose not to collect dedications at this time. In the past with churches, a non- profit tax exempt use, the City has collected trail dedications and deferred park dedications until some future time as the property becomes something other than a church. A similar approach may be considered appropriate here. SUMMARY /CONCLUSION Metropolitan Council and MVTA are proposing to subdivide this property to create separate ownership for the bus garage facility and the fly ash landfill. The two agencies coordinated the initial development of the site in 2004 -2005 with Met Council as the land owner and MVTA operating the facility under an easement arrangement. With additional land now being incorporated into the site, the two agencies decided to separate ownership of the bus garage facility from the fly ash landfill area, resulting in the proposed subdivision application. The site was originally developed as a single parcel and the proposed expansion contemplated, although the land on the southeast corner was not available at that time. In part because of the timing of the land availability, the initial site was owned by Met Council and the expansion area was later acquired by MVTA. The two parcels cannot be combined without common ownership, and the two agencies worked together to create separate ownership that would allow the bus garage expansion to proceed, while retaining Met Council control and management of the fly ash landfill. As a result of the subdivision, the Conditional Use Permit for off -site off - street parking is needed, as well as the Variance to the green space amount on proposed Lot 1. This development proposal represents a cooperative effort between two public agencies to make efficient use of a constrained site and incorporate into the existing adjacent development a parcel at the corner of Shawnee and Hwy. 13 which might be otherwise difficult to redevelop on its own. The proposed development appears to satisfy City Code requirements and the conditions of approval call for providing some additional details either at the time of final subdivision or with the building permit to confirm compliance with City Code standards. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Minnesota Valley Transit Authority 3rd Addition) to create two lots upon approximately 16.3 acres located at 3600 Blackhawk Road, legally described as Lot 1, Block 1, Minnesota Valley Transit Authority 2`1 Addition. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B1, B3, B4, Cl, C2, E1 2. The property shall be platted. Planning Report — MVTA 3'd Addition July 24, 2012 Page 13 3. This subdivision shall dedicate the public right -of -way needed for Shawnee Road, in accordance with City engineering standards. 4. Any new rooftop mechanical equipment shall be set back a minimum of 20' from the edge of the structure. If any new rooftop equipment cannot be screened by the parapet, a separate screening structure shall be installed to comply with City ordinance requirements. Compliance with these standards shall be determined at the time of building permit. 5. The applicant shall obtain all necessary permits and approvals from the City, State, or other agencies prior to installation of the fuel tank. 6. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code, 7. All other signage shall meet City Code standards. 8. A photometric lighting plan shall be provided at time of building permit to demonstrate compliance with City Code standards. 9. An easement shall be provided over Lot 2 benefiting Lot 1 for the off -site parking. The parking easement agreement shall be provided to the City Attorney for review and approval. 10. The applicant shall fulfill required tree mitigation through the installation of one - hundred twenty -four (124) Category B trees (or an equivalent number of Category A, B, or C trees) as fulfillment of Tree Preservation requirements. 11. The applicant shall provide a financial guarantee for landscaping and tree mitigation at the time of final subdivision. 12. The applicant shall provide the City Forester a planting plan with specifications for soil amendments and site preparation measures to improve growing conditions and increase long -terrn survival of the proposed mitigation trees. 13. The applicant shall confirm the conditions of both the development site (bus garage site) and the off -site mitigation area (Cedar Grove Transit Station) and address deficiencies in the existing landscaping before installing any new trees (i.e. identify and replace any unhealthy, damaged or dead trees previously installed with initial development). 14. Prior to installation of the new trees, the applicant shall contact the City Forester for a field review of the mitigation site at the time of installation to review and verify that planting specifications are being followed. �C)q Planning Report — MVTA 3`d Addition July 24, 2012 Page 14 15. Both Lots 1 and 2 are subject to a cash park dedication, which shall be deferred until such time that the site is no lodger owned by a public service agency. At such time, there shall be no past credit, and payment in full of the park dedication at the prevailing rate shall be due for all lots. 16. A cash trail dedication shall be collected at the time of final subdivision, prior to releasing the plat for recording. To recommend approval of a Conditional Use Permit to allow off -site parking for property located at 3600 Blackhawk Road, upon proposed Lot 2, Block 1, Minnesota Valley Transit Authority 3'd Addition. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County with recording of the Final Plat of Minnesota Valley Transit Authority 3rd Addition. 2. An easement shall be provided over Lot 2 benefiting Lot 1 for the off -site parking. The parking easement agreement shall be provided to the City Attorney for review and approval prior to final subdivision and release of the CUP for recording. 3. A photometric lighting plan for the parking lot shall be provided at time of building permit to demonstrate compliance with City Code standards. 4. The parking lot shall satisfy dimensional standards of the City Code, including 24' aisles, 10' x 19' parking stalls, and 5% of the parking area in islands which may provide for planting. 5. The Applicant is responsible for obtaining any other agency pen-nits or approvals that may be necessary prior to construction over the landfill area. To recommend approval of a Variance to the 25% minimum green space requirement to permit 23 % green space for proposed Lot 1, Block 1, Minnesota Valley Transit Authority 3"d Addition. 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. NE STANDARD CONDITIONS OF PLAT APPROVAL A. Financial OblilZations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -of -way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right -of -way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac, or temporary cul -de -sac to be removed upon further extension (on stub streets), constructed in accordance with City M R1 engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights -of -way as required by the alignment of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council. H. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. � �0 I. Wetlands Protection and Management 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and /or Buffer Zone. K. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission Approved: August 25, 1987 W City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 Revised: July 7, 2009 Location Map gds '! Yankaa D`o`- o.dI...`Rddi, '1 DIRI YRd -u Fort•Sne III ng-State Park i' ffR CII(( I i Map Area Extent Subject Site Q Sky Hill Park f REST GE LANE df Yx ZS yX P I ONT RE LAN O yO r rt KYLLO LANE J� O� 2�a F ° 0 Elm SILVER BELL ROAD H SILVER BELL ROAD 4 O Z m ° r �O�JO IR PA AD CR �O Q Woodhave(i ParkROR CocRRAN`- vE s coot Feet Project Name: MVTA Bus Garage 0 500 1,000 2,000 Request: Preliminary Subdivision, Legend Conditional Use Permit & Variance ;I'" IM ®aIalag City Boundary Case Nos.: 17- PS- 02- 06 -12; 17- CU- 04- 06 -12; 17- VA- 04 -06 -12 parcels Parks / Buildings N City of Eap �. IMIL Current Zoning and Land Use Map City of Eap Application: MVTA 3rd Addition Type: Prelim. 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On 3 °s �O F nN g° �n a a _yam RA, sz�N Z Rfi 33 T�GM1 \s 1 El i I m m P �® one CR mg IM .1 P �® one mg ELEVATIONS ELEVATIONS m NO, m > CD 0 m co M 2-, cn M m rri M C= 0 .I of geese UTILITY PLAN 52V a Hll ( I. " (-D(I ) (I. ) I Hi 14gs li �y E A g g H, IN H H H !,R' x H19 Rj H HA �! ai AIR -A I 11H ai it B�WJB�R MVTA Eagan Bus Garage Expansion Subdivision and Conditional Use Permit Narrative June 20, 2012 Eagan, MN 55122 BWBR Comm. No. 3,2010009.00 The following information is provided in support of the application by Minnesota Valley Transit and Metropolitan Council for a simultaneous Conditional use Permit, Preliminary Subdivision, and Variance application. Property Information: 3600 Blackhawk Road Eagan, MN 55122 PID # 10- 48751 -01 -010 Additional Contact Person: Torn Bright, Facility Manager MVTA 11550 Rupp Drive Burnsville, MN 55337 952,882.7535 Project Narrative Existing use Existing property owned by the Metropolitan Council Is occupied by the Seneca Ash Landfill and MVTA's Eagan Bus Garage. The Seneca Landfill is currently inactive, and was capped in 1996. The area is monitored and maintained according to closure plans developed by the Metropolitan Council. Visually, the site appears as an empty lot covered by grasses. Topography is flat to gently sloping to control surface water drainage, The portion of the site currently occupied by MVTA's Eagan Bus Garage supports a transit bus storage and maintenance facility, associated drive lanes, and parking areas. Buses are stored and maintained inside the facility. Surface parking is for daily employee use. The southern corner of Shawnee Road and Highway 13 is currently owned by MVTA, The property is currently vacant, Previously existing structures and debris were removed in 2011. Proposed use Use of the properties will not be altered by this subdivision. The Seneca Landfill will remain undisturbed. MVTA intends to expand existing facilities on the site to be used for the same purposes as they are today. Description of project This application is for Preliminary Subdivision of land owned by the Metropolitan Council into two parcels, and for a Conditional Use Permit for MVTA to allow off -site parking on Met Council Property. NARRATIVE RECEIVED JUG! 2 OGZQR OC \Code \CUP -Sub Div Application \CUP - Platting Narrative Ldocx MVTA CUP /Subdivision Narrative June 20, 2012 Page 2 of 4 The parcel occupied by the Seneca Ash Landfill will continue to be owned and maintained by the Council. The portion of the site currently granted to MVTA for use through an easement will be owned by MVTA after subdivision, Additionally, MVTA will consolidate the newly created parcel with property currently owned by MVTA at the south corner of Shawnee Road and State Highway 13, The consolidated property will be wholly owned by MVTA, and will be used for expansion of the Eagan Bus Garage, Subdividing and replatting these properties will allow MVTA to expand the Eagan Bus Garage. Expansion is needed to j accommodate additional transit buses. The facility was planned with this goal in 2002, but MVTA was unable to build the complete project at that time because property at Shawnee and Highway 13 was not available, MVTA recently purchased the property at Shawnee and Highway 13 for building expansion, The existing bus garage sits on land leased from the Metropolitan Council. To allow the expansion, properties must be consolidated under a single owner, A mutually agreeable transfer of ownership has been negotiated between MVTA and the Metropolitan Council based on their shared interest in public service. Property to be owned by MVTA will be slightly under the proscribed 25% green space requirement in the city zoning code. This application includes a request for a variance on this issue. In order to accommodate additional parking required for the expansion of the bus garage, Metropolitan Council has agreed to allow MVTA to construct a surface parking lot on the Seneca Ash Landfill. Because this parking will be on owned by the Council, this application also requests a Conditional Use Permit for off -site parking, Comprehensive Guide Plan, Zoning, and Land Use The following table summarizes building and site areas for the proposed subdivision and expansion of the bus garage facility; The proposed subdivision and expansion of the Eagan Bus Garage will not change the Comprehensive Guide Plan designation, zoning classification, or land use, The land is zoned I -1, and will remain so after subdivision. Land is currently used for landfill, bus storage and maintenance, and employee parking. These uses will continue after subdivision of the property. Due to the characteristics of the landfill, proximity to Highway 13, Shawnee Road, and Blackhawk Road, Lot 1 does not meet green space requirements for zoning district I -1, This land is designated by the Comprehensive Guide Plan as IND- Limited Industrial, The subdivision of land and expansion of the Eagan Bus Garage will not change the use of this property. G.'\1000900 \Code \CUP -Sub Div Application \CUP - platting Narrative Ldocx RECEIVED JUN 2 0 2012 19 DO Total Impervious Cover Green Space Building Coverage Existing Site 711,060 sf 189,910 sf 27% 521,150 sf 73% 73,058 sf 10% Proposed Lot 1 311,424 sf 240,212 sf 77% 71,212 sf 23% 101,169 sf 32 % Lot 2 396,333 sf 19,864 sf 5% 376,469 sf 95% - - Total 707,757 sf 260,076 sf 37% 447,681 sf 63 % 101,169 sf 14% Zoning Code Requirements 25% Max 35% The proposed subdivision and expansion of the Eagan Bus Garage will not change the Comprehensive Guide Plan designation, zoning classification, or land use, The land is zoned I -1, and will remain so after subdivision. Land is currently used for landfill, bus storage and maintenance, and employee parking. These uses will continue after subdivision of the property. Due to the characteristics of the landfill, proximity to Highway 13, Shawnee Road, and Blackhawk Road, Lot 1 does not meet green space requirements for zoning district I -1, This land is designated by the Comprehensive Guide Plan as IND- Limited Industrial, The subdivision of land and expansion of the Eagan Bus Garage will not change the use of this property. G.'\1000900 \Code \CUP -Sub Div Application \CUP - platting Narrative Ldocx RECEIVED JUN 2 0 2012 19 DO MVTA CUP /Subdivision Narrative June 20, 2012 Page 3 of 4 Surrounding land use includes industrial and utility uses to the west, north, and east. To the south, on the opposite side of Highway 13, land is used for medium- and low- density residential development. Timing and Phasing The construction of the Eagan Bus Garage Expansion and the surface parking lot will begin upon approval from the City of Eagan and other authorities having jurisdiction. Start of construction may be dependent on winter weather, Design and documentation of the bus garage expansion is nearly complete. Site plans, grading information, and other data regarding this portion of the project is at a very high level of completion. The parking lot, however, is at a schematic design level of detail. Design work including construction documentation for the parking lot will progress with continued coordination between MVTA and the Metropolitan Council. Parking I The existing parking lot has 79 parking stalls, including four accessible stalls, The proposed parking lot will have S8 parking stalls, including an appropriate number of accessible stalls, The proposed parking lot will be located on top of the cover membrane and fill of the Seneca Ash Landfill. Special care will be taken in the design and construction of paving in this area to maintain the integrity of landfill liner and drainage systems. The landfill liner is a geomembrane, and is covered with approximately two feet of granular fill and topsoil. Construction activities cannot disturb the granular fill and membrane liner, The design team is working to identify solutions for lighting in the parking area. Given the restrictions on subsurface construction, standard light poles directly adjacent to the parking lot will not work. One option includes locating light poles near the existing site drive, away from the liner. A full lighting plan will be developed as part of construction document package, and will be available prior to filing for final subdivision. Landscaping Landscaping for the bus garage expansion is shown on sheet 2201P of this submittal package, Landscaping options for the parking lot are limited due to concerns with roots penetrating the liner membrane or interfering with drainage. The parking lot is screened from Blackhawk Road by existing tree plantings that are located beyond the landfill liner. These plantings will not be disrupted by construction of the parking area. The parking lot as depicted does not include planting islands. Islands are possible, but plant materials over the landfill cover are limited to grasses with relatively shallow root systerns. Tree Preservation Plan Tree preservation is addressed on sheet 2001P in the application package. Due to the lack of space for additional landscaping at this location, MVTA proposes new plantings at the Cedar Grove Park and Ride facility, also owned and operated by MVTA. Wetlands Inventory /Replacement Plan MVTA has been informed by the City there are no jurisdictional wetlands on the site, Storm water drainage areas are as indicated on the attached plat drawings, sheet 200.CU, and the Parking Lot Expansion Design prepared by Barr Engineering, MVTA proposes a dedicated storm water drainage easement for the bus garage, connecting to existing features, to the northwest of the bus garage, RECEIVEDJUN,lo2o90\c .. JP -Sub D1, Application\CUP - PlattingNarrativeWax l l9 MVTA CUP /Subdivision Narrative June 20, 2012 Page 4 of 4 i Attachments: Sheet No. Title Notes Development Application Escrow Agreement Proposed Easements Proposed drainage, parking, egress and ingress easements, Property Owner's List and Mailing Labels Certified report of property owners for parcels within 350' of MVTA Eagan Bus Garage 1/3, 2/3, 3/3 Boundary, Location, Topographic and Utility Survey for BWBR Architects (MVTA-Eagan) Existing conditions survey, dated 5/5/2011, 1 of 1 Preliminary Plat of Minnesota Valley Transit Authority 3rd Addition Proposed platting 200,AS Architectural Site Plan Site plan showing existing and proposed site features for expansion of the Eagan Bus Garage, 200,CE Erosion Control Plan Erosion control plan for expansion of the bus garage, 200,CG Grading Plan Proposed grading for expansion of the bus garage. 200,CU Utility Plan Utility connections for bus garage expansion. 2001P Landscape Plan Landscape plan for bus garage expansion, including tree reservation information. C -01 Parking Lot Expansion Concept plan and grading plan for proposed parking lot on Seneca Ash Landfill, RECEIVED JUN 2 0 2012 G: \1000900 \Code \CUP -Sub Div Application \CUP - Platting Narrative Lciccx 1 b AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 6, 2012 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. RATIFY Resolution and Findings of Fact regarding the Purchase Agreement between the EDA and Paragon Outlets Eagan LLC for Property Located in the Cedar Grove Redevelopment District 3. AUTHORIZE Preparation of Minnesota Investment Fund Application for Stream Global Services for Improvements at 3245 Northwoods Circle D. OLD BUSINESS E. NEW BUSINESS 1. AUTHORIZE Update of Eagan Business Assistance Policy F. OTHER BUSINESS G. ADJOURN V� FUTURE MEETINGS 1. APPROVE Purchase Agreement with Paragon Outlets for Property in the Cedar Grove Redevelopment District 2. AUTHORIZE Negotiations with Xcel Energy Regarding the Relocation of the Cedar Grove Boulevard Gas Pipeline 00 Agenda Information Memo Eagan Economic Development Authority Meeting August 6, 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 July 17, 2012 EDA meeting are enclosed on pages 1a3 through QIA 2. RATIFY Resolution and Findings of Fact regarding the Purchase Agreement between the EDA and Paragon Outlets Eagan LLC for Property Located in the Cedar Grove Redevelopment District — At its meeting of July 17, 2012, the EDA approved a purchase agreement with Paragon Outlets Eagan, LLC for property in the Cedar Grove Redevelopment District. As part of the action, the Board directed the preparation of a Resolution and Findings of Fact with respect to the approval. The resolution has been prepared and is enclosed on pages � v'� through 130 3. AUTHORIZE Preparation of Minnesota Investment Fund Application for Stream Global Services for Improvements at 3245 Northwoods Circle — Staff has been approached by representatives of a company named Stream Global Services, Greater MSP and the Minnesota Department of Employment and Economic Development indicating Stream intends to occupy property located at 3245 Northwoods Circle in Eagan. DEED had previously given preliminary approval to providing a forgivable Minnesota Investment Fund loan to Stream to support the relocation of its headquarters from Massachusetts and the creation of call center jobs in Minnesota. 0\ Such funds need to flow from the state to a local government to the recipient company. Stream, Greater MSP and DEED asked the City of Eagan and its EDA to act as the conduit for the MIF loan. Staff requested and Stream has provided the letter of intent enclosed on page 1 31 as the basis to bring this request to the EDA. If the action to authorize preparation of the MIF application is approved, related actions regarding the application and related documentation will be brought back to the EDA as they are completed. kaa MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 17, 2012 A meeting of the Eagan Economic Development Authority was held on Tuesday, July 17, 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 Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It is recommended to approve the minutes of July 3, 2012 EDA meeting as presented. 2. It is recommended to authorize submittal of Redevelopment Grant Program application to the Minnesota Department of Employment and Economic Development to assist with development of a public parking structure in the Cedar Grove Redevelopment Area. 3. It is recommended to authorize submittal of a Livable Communities Act (LCA), Transit Orientated Development (TOD) Grant to the Metropolitan Council to assist with development of a public parking structure in the Cedar Grove Redevelopment Area. 4. It is recommended to receive the Cedar Grove Redevelopment Traffic Study Update from SRF Consulting. There were no Old Business items. OLD BUSINESS NEW BUSINESS PUBLIC HEARING TO CONSIDER A PURCHASE AGREEMENT BETWEEN PARAGON OUTLETS EAGAN LLC AND THE EDA FOR APPROXIMATELY 29 ACRES OF PROPERTY IN THE CEDAR GROVE REDEVELOPMENT DISTRICT Community Development Director Hohenstein indicated the EDA has acquired assembled property in the District to bring about the redevelopment of the property as a higher density, mixed use, pedestrian friendly area that can serve as one of the gateways to the community. The EDA previously approved a G> Preliminary Development Agreement with Paragon Outlets Eagan LLC to permit Paragon to take preliminary steps in preparation for a development application and to permit the parties to negotiate a draft purchase agreement for the sale of property on which Paragon proposes to construct a 420,000 square foot outlet center. The EDA staff and Paragon have prepared a draft purchase agreement for consideration. Hohenstein went over some of the general terms of the purchase agreement noting it calls for Paragon to pay $14.73 million for the purchase of 29 acres of property for its property including two fields of surface parking. Kelvin Antill, a representative of Paragon Outlets was available to respond to questions. President Maguire asked if anyone in the audience would like to comment. David Beyer of 4014 Cedar Grove Lane, was present and addressed the EDA asking if there is a timeline that the public will have additional opportunity to ask questions. President Maguire noted there will be opportunities to address questions once Paragon moves forward with the development. There being no additional public comment, he turned the discussion back to the City Council. Commissioner Tilley moved, Commissioner Bakken seconded a motion to approve the sale of a 29 acre parcel in the Cedar Grove Redevelopment District to Paragon Outlets Eagan LLC consistent with the terms of the attached purchase agreement, to authorize the President and Executive Director to execute the same and to direct the preparation of findings of fact for consideration at the next EDA meeting as amended. Aye:5 Nay:0 There were no Other Business items. OTHER BUSINESS ADJOURNMENT President Maguire moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye:S Nay:O Date �a� Thomas Hedges, Executive Director BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Sale of Property to Paragon Outlets Eagan, LLC FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan Economic Development Authority (the "EDA ") at its meeting of July 17, 2012. The EDA received and considered public comment; input from City staff; the opinion of value from the EDA's Appraiser, Paul J. Gleason; the materials from the EDA's Financial Consultants Ehlers and Associates, Inc.; as well as the Sale and Purchase Agreement proposed by Paragon Outlets Eagan, LLC (hereinafter "Paragon ") Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District "), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications to create a Special Area, the adoption of Cedar Grove District building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA approved the establishment of the Redevelopment District and the City Council approved the creation and establishment of a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District ") in connection with the Cedar Grove Redevelopment Area, all pursuant to the authority granted by Minnesota Statutes, Sections 469,090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts "), 3. Pursuant to the Acts on or about October 2, 2001, the EDA approved the adoption of and the City Council approved a Redevelopment Plan (the "Redevelopment Plan ") and a tax increment financing plan (the "TIF Plan ") to finance a portion of the public redevelopment costs of the Redevelopment District, The TIF Plan was certified on July 22, 2003. 4. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has previously determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 5. Since the creation of the Redevelopment District, the City has worked with redevelopers and most recently Pratt Development, Inc. to solicit proposals for development of the Redevelopment District. With the downturn in the economy, proposals to develop within the Redevelopment District have been limited. 6. In furtherance of the EDA's objectives, a conceptual development proposal was presented by Paragon Outlets Eagan, LLC (hereinafter "Paragon ") to acquire approximately 29 acres (hereinafter the "Property ") for the development of an outlet mall on the Property (the "Proposed Development ") generally depicted on Exhibit "A" and also to acquire approximately 3 acres to be dedicated to the City of Eagan for park purposes (hereinafter the "Park Property ") generally depicted on Exhibit "B." 7. The sale of the Property to accomplish the Proposed Development will cause an increase in the tax capacity of the Redevelopment District resulting in significant tax increment to reimburse the EDA for prior expenditures within the Redevelopment District. 8. The Proposed Development will also create additional job opportunities within the Redevelopment District which is also consistent with the Redevelopment Plan. 4 G -,�(p 9. As part of the Proposed Development, it is anticipated that the EDA will construct a two -level parking ramp containing at least 1,400 stalls. The construction of the parking ramp is consistent with the objectives of the Redevelopment Plan to achieve a dense development and will create a better opportunity for full development of the Redevelopment District. 10. As part of its Proposed Development Paragon will relocate the existing gas pipeline and realign Cedar Grove Boulevard, both at the sole cost and expense of Paragon. 11. The relocation of the gas pipeline and the realignment of Cedar Grove Boulevard will allow for a more dense development within the Redevelopment District, all of which are consistent with the EDA's plans for a comprehensive redevelopment within the Redevelopment District. 10. Under the proposed purchase agreement Paragon will acquire the Property for $5,800,000.00; acquire the Park Property for $347,600.00; provide up to $3,500,000.00 for the realignment of Cedar Grove Boulevard to the north; up to $1,200,000.00 to relocate the existing gas pipeline; and $4,220,000.00 as a contribution toward the construction of a two -level parking ramp (the "Purchase Terms "). To confirm that the proposed acquisition of the Property and Park Property, as well as the contributions by Paragon for the new road; relocation of gas pipeline and construction of the parking ramp represent a fair market value transaction, the EDA has retained the services of appraiser Paul J. Gleason. 11. Mr. Gleason has provided a restricted use appraisal report and opinion that the Purchase Terms reflect a fair market value transaction between the EDA and Paragon. 3 X31 CONCLUSIONS 1. The Purchase and Sale Agreement proposed by Paragon to develop an outlet mall on the Property; acquire the Park Property; relocate a existing gas pipeline; realign Cedar Grove Parkway and provide a significant contribution toward the cost of a two -level parking ramp are consistent with the EDA's objectives to redevelop the Redevelopment District. 2. The purchase price for the Property, the Park Property, as well as Paragon's contributions toward the relocation of the pipeline, realignment of Cedar Grove Boulevard and its contribution toward a two -level parking ramp are fair and reasonable and represent a fair market value transaction. RESOLUTION The EDA does hereby approve the sale of approximately 29 acres of the Property as well as the approximately 3 acres of the Park Property within the Redevelopment District to Paragon Outlets Eagan, LLC for redevelopment purposes. Dated at Eagan, Minnesota this 6th day of August 2012. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire President By: Thomas L. Hedges Executive Director 2 .y EXHIBIT "A" �al� EXHIBIT "B" \zO I alfgj %NW V Jan Hohenstein City of Eagan Director of Community Development July, 27, 2012 Stream is a global provider of sales, customer service and technical support services for the Fortune 1000. Since its inception, Stream's global footprint has expanded to cover 21 countries, with 33,000 employees across 49 locations. Stream currently manages millions of voice, email and chat contacts each year from customers around the globe. It is Stream's intentions to locate Headquarters and a call center in the City of Eagan, Minnesota. The HQ and initial Call Center will be located in the Northwood's building in Eagan and would provide 40 -50 HQ and 300 -350 call center jobs. A proposed second facility could provide an additional 300 -400 call center positions. However, the final decision and plan would most likely be confirmed 60 -90 days after opening Northwoods Depending upon events and circumstances, the Northwoods renovations would commence by September 1, 2012, The DEED funding would be used to help cover expenditures for renovations, machinery and equipment. Currently, expenditure for building, Northwoods, should be between $1,500,000 and $2,000,000. Expenses will be confirmed as soon as the contractor is able to provide a written statement of work, Potential expenses for the second building could be up to $2,000,000 and will be confirmed as we progress through the leasing process. A signed lease for the Northwoods building will be sent under separate cover. Vincent Mottola Vice President Stream Global Services 20 William Street Suite 310 Wellesley, MA 02481 Agenda Information Memo August 6, 2012 Eagan EDA Meeting 1. AUTHORIZE UPDATE OF EAGAN BUSINESS ASSISTANCE POLICY ACTION TO BE CONSIDERED: To authorize the preparation of an update of the City of Eagan Business Assistance Policy. FACTS: State law requires agencies that may provide business financing assistance to have a Business Assistance Policy to form the basis of decisions they may make regarding such financing tools as tax increment financing, state grants and loans (such as Minnesota Investment Fund loans) and other development financing assistance that may be considered. ➢ The City of Eagan's policy was last updated in 2006 and, while the policy itself is intended to apply in general over time, certain aspects of the policy, such as its reference to the area median income are dated. ➢ In consideration of the request from Stream, Greater MSP and DEED and in order to be able to respond to requests for consideration of development financing assistance from time to time, staff is requesting authorization to prepare an update of the policy to be considered by the EDA at a future meeting. ATTACHMENTS: ➢ Current Business Assistance Policy on pages X33 through oQ kODa CITE.' Or EAGAN BUSINNE, 88 ASSISTANCE POLICY Adopted December 19,2006 I. PURPOSE 1.01 The purpose of this policy is to provide a guideline for the City of Eagan to offer assistance for commercial and housing development and redevelopment projects. The Business Subsidies Statutes are codified as Minnesota Statutes 116J.993 through 116J.995. Minnesota Statutes 116J993, Subd. 3 defines a Business Subsidy as "a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business." Appendix A lists forms of financial assistance that are not a business subsidy. This policy shall be used as a guide in processing and reviewing applications requesting business assistance. 1.02 The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. Minnesota Statutes 116J994, Subd. 2, allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the department. 2. STATUTORY LIMITATIONS 2.01 In accordance with the City of Eagan's Business Assistance Policy, assistance requests must comply with applicable State Statutes, including Minnesota Statutes 116J.993 through 110995, 3. GOALS 3.01 As a matter of adopted policy, the City of Eagan will consider ushlg a business assistance tool to assist private developments only in those circumstances in which the proposed private projects show a demonstrated financing gap and meet one of more of the goals, as identified.in the City of Eagan's Comprehensive Plan for Economic Development dated February 22, 2001. 4. BUSINESS ASSISTANCE PROJECT APPROVAL CRITERIA 4.01 All new projects approved by the City of Eagan should meet the following mandatory minimum approval criteria. However, it should not be presumed that a project meeting these criteria will automatically be approved. Meeting these criteria creates no contractual rights on the part of any potential developer. A. The assistance shall be provided within applicable state legislative restrictions, State Auditor Interpretation, debt limit guidelines, and other appropriate - financial requirements and policies. B. The project should meet one or more of the goals referenced in the City of Eagan's Comprehensive Plan for Economic Development. .�3 C. The project must be in accord with the Comprehensive plan and Zoning Ordinances, or required changes to the Comprehensive Plan and Zoning Ordinances must be under active consideration by the City at the time of approval. D. The assistance will not be provided to projects that have the financial feasibility to proceed without the benefit of the assistance. Assistance will not be provided solely to broaden a developer's profit margins on a project. Prior to consideration of a business assistance request, the City may undertake an independent underwriting of the project to help ensure that the request for assistance is valid. E. Prior to approval of business assistance, the developer shall provide any required market and financial feasibility studies, appraisals, soil boring, information provided to private lenders for the project, and other Information or data that the City or its fuiancial consultants may require in order to proceed with an independent underwriting. F. Any developer requesting business assistance should be able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. G, The developer must retain ownership of the project at least long enough to complete it, to stabilize its occupancy, to establish the project management, and to initiate repayment of the business assistance. H. The level of business assistance funding should be reduced to the lowest possible level and least amount of time by maximizing the use of private debt and equity financing first, and then using other funding sources or income producing vehicles that can be structured into the project financing, prior to using additional business assistance funding. 51 BUSINESS ASSISTANCE PROJECT EVALUATION CRITERIA 5.01 If a business meets the criteria in Section 4 and is eligible for assistance, the following criteria will be used to determine the amount of assistance and type of assistance that may be provided. All projects will be evaluated by the EDA and Eagan City Council on the fallowing criteria for comparison with other proposed business assistance projects reviewed by the City, and for comparison with other subsidy standards (where appropriate). It is realized that changes in local markets, costs of construction, and interest rates may cause changes in the amounts of business assistance subsidies that a given project may require at any given time. In applying the criteria to a specific project, the following will apply; A. The City may consider the requirements of any other business subsidy received, or to be received, from a grantor other than the City. B. If the business subsidy is a guaranty, the amount of the business subsidy maybe valued at the principal amount of the guaranteed payment obligation. C. If the business subsidy is real or personal property, the amount of the subsidy will be the fair market value of the property as determined by the City, D. If the business subsidy is received over time, the City may value the subsidy as it determines is fair and reasonable under the circumstances. 2. 3q As used herein, "Benefit Date," means the date the business subsidy is received. If the business subsidy involves the purchase, lease, or donation of physical equipment, then the benefit date occurs when the recipient puts the equipment into service. If the business subsidy is' for improvements to property, then the Benefit Date refers to the earliest date of either when the improvements are finished for the entire project or when a business occupies the property. E. All business assistance projects will need to meet a "Reasonable Rate of Return." Assistance will not be used unless the need for the City's economic participation is sufficient that, without that assistance the project could not proceed in the manner as proposed. The Reasonable Rate of Return will -be based on market standards at the time of the application for assistance. F. Business assistance will not be used when the developer's credentials, in the sole judgment of ' the City, are inadequate due to past track record relating to: completion of r ojects general reputation and /or bankruptcy, or other problems or issues considered relevant by the City. G. Business assistance funding should not be provided to those projects that fail to meet good public policy criteria as determined by the Council, including: poor project quality; projects that are not in accord with the comprehensive plan, zoning, redevelopment plans, and city policies; projects that provide no significant improvement to surrounding land uses, the neighborhood, and /or the City; projects that do not have significant new, or retained, employment; projects that do not meet financial feasibility criteria established by the City; and projects that do not provide the highest and best desired use for the property. H. All projects receiving business assistance under the criteria listed in Minnesota Statutes 116J993, Subd. 3 must meet the job and wage goals described below. Minnesota Statutes 116J.994, Subd. 2 allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the Department of Employment and Economic Development. 1. Except as described in 2 and 3, a business subsidy must result in the creation or retention of jobs, which will pay at least 80% of the Median Income for Dakota County (base jobs). In addition, consideration will also be given to the creation or retention of jobs, which will pay 100% of Median Income for Dakota County (head of household jobs). The Median Income for the County is annually defined by the Minnesota housing Finance Agency. In 2006, 100% of the median is $78,500 and 80% of median is $62,800. Wage goals will be set forth specifically in the business subsidy agreement. Where job creation is one of the public purposes of the business subsidy, the subsidy may be up to $10,000 per base job retained or created and may be tip to $20;000 per head of household job retained or created. The amount of assistance available to a project will be limited by the amount of proceeds that TIF or other financing tools may support. 2. Job creation or retention is not required for businesses subsidies as long as the grantor identifies an alternate public purpose. in addition to tax base increase. If after a public hearing/council consideration of the alternate public purpose(s) proposed, the creation or retention of jobs is determined not to be a goal, the wage and job goals may be set at zero. 3. In lieu of job creation or retention, other measurable, specific, and tangible goals shall be established. Examples of tangible goals may include redevelopment, or pollution or soil remediation, 3 47 I, Business assistance will normally be used for projects that address the following land use issues: (1) more compatible with the City's Comprehensive Plan than other permitted uses for property; (2) located on property which needs but is not likely to be developed or redeveloped because of blight or other adverse conditions of the property; and /or include design and /or amenity features not otherwise required by law, J. Business assistance will be evaluated on the project's impact on existing and future public investment: (1) whether and to what .extent the project will utilize existent public infrastructure capacity and the extent it requires additional publicly funded infrastructure investments; (2) arrangements for the City to receive a direct monetary return on its investment in the project. K, Business assistance will normally be used for projects that demonstrate to the satisfaction of the City adequate financing for the project is available and that the project will be completed in a timely fashion, L. Business assistance from the City must satisfy all requirements of .Minnesota Statutes 116J993 through 116J995. 5,02 Some criteria, by their very nature, must remain subjective, However, wherever possible "benchmark" criteria have been established for review purposes. The fact that a given proposal meets one or more "benchmark" criteria does not mean that it is entitled to funding under this policy, but rather that the City' is in a position to proceed with evaluations of (and comparisons between) various business assistance proposals, using uniform standards whenever possible, Pat Geagan Mayor Agenda Information Memo Eagan Economic Development Authority Meeting August 6, 2012 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. 9