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08/21/2012 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 21, 2012 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 8 II. ADOPTAGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) .:. A. APPROVE MINUTES B. PERSONNEL ITEMS 1, C. APPROVE Check Registers D. DIRECT Preparation of Ordinance Amendment to Chapter 3 relative to the City's Telecommunication Network E. APPROVE Change Order No. 4, Contract 11 -08 Cedar Grove Boulevard Q om, \S F. APPROVE Final Payment for Contract 12 -05, City -Wide Inflow & Infiltration Reduction - Sanitary Sewer Improvements G. APPROVE Final Payment for Contract 12 -07, 2012 Citywide Sanitary Sewer Lining Improvements C7 H. RECEIVE Final Assessment Report for Project No. 1016R, Ames Crossing Road — Street and Utility Improvements and Schedule Public Hearing for September 19, 2012 I. RECEIVE Final Assessment Report for Project No. 1047 — Johnny Cake Ridge Road (Cliff Rd to Apple Valley border) Street Improvements and Schedule Public Hearing for September 19, 2012 J. RECEIVE Final Assessment Report for Project No.1076 Whispering Woods/ Slater Road Street Improvements and Schedule Public Hearing for September 19, 2012 ?b Q0 K. RECEIVE Final Assessment Report for Project No. 1080 Rahn Road Street Improvements and Schedule Public Hearing for September 19, 2012 pry\ L. RECEIVE Petition to Vacate Public Service Road Easement, Lot 2, Block 1 Cedar Industrial Park, and Schedule a Public Hearing for September 19, 2012 c, c� M. MODIFICATION of SITE Plan for 3259 Terminal Drive —Aspen Waste 0 N. APPROVE a Resolution to accept a donation from the Eagan Athletic Association in the amount of $56,904.86 for the construction of a storage building at the Lexington - Diffley Athletic complex and authorize the necessary budget adjustment 0. CANCEL the October 9, 2012 Special City Council meeting and SCHEDULE a Special City Council meeting on October 22, 2012 .a P. APPROVE Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on September ` 21, 2012 _ Q. APPROVE the 2013 Parks and Recreation Capital Improvements Program Z) R. APPROVE the 2012 -2013 Advisory Parks Commission Work Plan and Goals V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS ?,o�,IA - 1 1. APPROVE Update of Eagan Business Assistance Policy F. OTHER BUSINESS U0 G. ADJOURN X. AC A. B. C. D. E. MINISTRATIVE AGENDA City Attorney City Council Comments City Administrator Director of Public Works Director of Community Development XL VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XII1. ADJOURNMENT ff 4 City of Evan ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 17, 2012 SUBJECT: AGENDA INFORMATION FOR AUGUST 21, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 21, 2012 City Council agenda, the following items are in order for consideration. S Agenda Information Memo August 21, 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 August 6, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of August 6, 2012 Regular City Council meeting are enclosed on page through 10 . 14 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota AUGUST 6, 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 Monday, August 6, 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, Assistant City Administrator VanOverbeke, Director of Public Works Matthys, City Planner Ridley, Police Chief McDonald, Fire Chief Scott, Communications Director Garrison, Director of Parks and Recreation Johnson and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented /modified. Aye:5 Nay :0 RECOGNITIONS AND PRESENTATION Mayor Maguire recognized Tuesday, August 7, 2012, as "National Night Out" in the City of Eagan. Police Chief McDonald noted there are 162 registered block parties for National Night Out. Chief McDonald reminded residents to turn on your lights, lock your door and go out and meet your neighbors. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of July 17, 2012 and the amended minutes of July 3 and June 5, 2012. B. Personnel Items 1. Accept the resignation of Detective Doug Matteson effective August 24, 2012, and authorize his replacement after September 1, 2012. 2. Accept the resignation of Steven Evanson, Utility Maintenance Worker, effective August 2, 2012, and authorize his replacement. 3. Approve the hiring of Sally Ricard, Parks & Recreation Central Services Aide at the Central Maintenance Facility. 4. Approve the hiring of Seasonal Employees in Parks & Recreation and Community Development. C. It was recommended to approve Check Registers dated July 20 and July 27, 2012. D. It was recommended to adopt a Resolution accepting donated exercise equipment. E. It was recommended to accept a grant agreement from Invitation Health Institute to enforce underage drinking laws by administering alcohol compliance checks. F. It was recommended to set a Public Hearing date for September 4, 2012 to certify delinquent utility bills. G City Council Meeting Minutes August 6, 2012 2 page G. It was recommended to set a Public Hearing date for September 4, 2012 to certify delinquent false alarm bills. H. It was recommended to set a Public Hearing date for September 4, 2012 to certify delinquent mowing bills. I. It was recommended to approve a Temporary On -Sale Liquor License and waive the license fee for People of Praise MN, Inc.'s 41 Anniversary Celebration on September 15, 2012. J. It was recommended to approve a Temporary On -Sale Liquor License for Twin Cities Gay Softball World Series' Softball Tournament on August 16, 17 and 18, 2012. K. It was recommended to approve a Temporary On -Sale Liquor License for Twin Cities Goodtime Softball League's Softball Tournament on August 15, 16 and 17, 2012. L. It was recommended to approve a Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School's Septemberfest on September 22, 2012. M. It was recommended to approve a Sound Amplification Permit and Waiver of fee for an outdoor event at Faithful Shepherd Catholic School Septemberfest Fundraiser at 3355 Columbia Drive. N. It was recommended to approve a Resolution Appointing Deputy City Clerks as Acting City Clerks for the purpose of receiving lawsuits. 0. It was recommended to direct a Preparation of Ordinance Amendment to Chapter 6.53 relative to Consumer Fireworks Permit Fees. P. It was recommended to approve Change Order No. 2 for Contract 12 -10, 2012 Storm Sewer Improvements. Q. It was recommended to authorize a Memo of Understanding with the United States Secret Service for reimbursement of overtime incurred by officers working on financial crime investigations. R. It was recommended to authorize a Request for Reallocation of Dakota County CDA Redevelopment Investment Grant Funds to Cedar Grove Parkway Trail Project. S. It was recommended to 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. It was recommended to approve Final Payment, Contract 10 -11, Ames Crossing Road. U. It was recommended to receive a Petition to Vacate Drainage & Utility Easement, Outlot A Boulder Lakes, and schedule a Public Hearing for September 4, 2012. V. It was recommended to Release and Termination of Agreements related for Lot 1, Block 1, Eagan Place 4 th Addition. PUBLIC HEARINGS VARIANCE —1308 RASPBERRY LANE City Administrator Hedges noted the variance comes directly to the City Council and does not require a public hearing before the Planning Commission. City Planner Ridley gave a staff report. Ridley noted City Code requires a minimum 30' structure setback from public right -of -way on property zoned R -1. Andrew Lawrence, the applicant, addressed the City Council regarding his request for a variance. Mayor Maguire opened the meeting for public comment. There being no public comment, he turned the discussion back to the City Council. NO City Council Meeting Minutes August 6, 2012 3 page Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve 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 following conditions. Aye: 5 Nay: 0 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. 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 match the principal structure. 7. The garage addition shall be finished with exterior materials to match the existing principal structure. OLD BUSINESS There were no items for discussion. NEW BUSINESS PRELIMINARY SUBDIVISION, CONDITIONAL USE PERMIT, VARIANCE — MVTA City Administrator Hedges noted the Advisory Planning Commission held a public hearing on July 24, 2012, and recommended approval of all three requests. City Planner Ridley gave a staff report noting the site is located west of Hwy. 13 between Blackhawk and Shawnee Roads. Ridley noted that the 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 (Metropolitan Council). The applicant was available for questions. The City 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 Hansen moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision (Minnesota Valley Transit Authority 3 rd 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 nd Addition, subject to the following conditions: Aye: 5 Nay: 0 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. City Council Meeting Minutes August 6, 2012 4 page 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 -term 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. 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 longer 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. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve 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 rd Addition, subject to the following conditions: Aye: 5 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County with recording of the Final Plat of Minnesota Valley Transit Authority 3 rd 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. NO City Council Meeting Minutes August 6, 2012 5 page 5. The Applicant is responsible for obtaining any other agency permits or approvals that maybe necessary prior to construction over the landfill area. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve 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 rd Addition, subject to the following condition: Aye: 5 Nay: 0 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. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY ATTORNEY There were no items for discussion. CITY COUNCIL COMMENTS There were no items for discussion. CITY ADMINISTRATOR There were no items for discussion. DIRECTOR OF PUBLIC WORKS There were no items for discussion. DIRECTOR OF COMMUNITY DEVELOPMENT There were no items for discussion. VISITORS TO BE HEARD There were no visitors to be heard. ADJOURNMENT Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 6:50 p.m. Aye:5 Nay:0 ki City Council Meeting Minutes August 6, 2012 6 page Date Mayor Clerk I1"l�! Agenda Information Memo August 21, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal/ Temporary Employees in Parks & Recreation and Communications: Name Division Job Title Narum, Christopher Cascade Bay Lifeguard Miller, Brandon Cascade Bay Lifeguard Levine, Joshua Cascade Bay Lifeguard George, Kevin Communications Marketing /Communications Intern �t Agenda Information Memo August 21, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated August 3 and August 10, 2012 as presented. ATTACHMENTS: • Check registers dated August 3, 2012 are enclosed without page number. • Check registers dated August 10, 2012 are enclosed without page number. 1a Agenda Information Memo August 21, 2012 Eagan City Council Meeting D. DIRECT PREPARATION OF AN ORDINANCE AMENDMENT TO CHAPTER 3 RELATIVE TO THE CITY'S TELECOMMUNICATION NETWORK ACTION TO BE CONSIDERED: Direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 3, relative to the City's telecommunication network. FACTS: ➢ In preparation for the launch of AccessEagan, an ordinance amendment is proposed to establish the Telecommunications Network as an enterprise operation, with appropriate provisions that speak to the purpose, fee structure, rules and regulations, etc. ➢ The Code amendment is proposed to be established in a similar way to other enterprise operations such as water and sewer. ATTACHMENTS (0): Agenda Information Memo August 21, 2012 Eagan City Council Meeting E. CONTRACT 11 -08, CEDAR GROVE BOULEVARD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 4 to Contract 11 -08 (Cedar Grove Boulevard Street & Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 11 -08 provides for the street realignment, upgrade, utility, and landscape improvements of Cedar Grove Boulevard (formerly Sibley Memorial Highway) within the Cedar Grove Redevelopment Area in northwest Eagan (City Project No. 1051). • On June 21, 2011, the City Council awarded the Phase 1 Alternate Bid for Contract 11 -08, providing for these improvements. Also included in these improvements is the installation of a street lighting system along Cedar Grove Boulevard. • Change Order No. 4 provides for installation of an electric transformer not originally anticipated in the electrical lighting system design, and revisions to the lighting system's electric lines due to main power supply location changes made by Xcel Energy during construction. • The change order provides for a total net ADD of $14,825.08 (1.1 % of original contract). The cost of the additional work will be the responsibility of the City's Utility Fund. • The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. N Agenda Information Memo August 21, 2012 Eagan City Council Meeting F. CONTRACT 12 -05, CITY -WIDE SANTARY SEWER IMPROVEMENTS I & I MITIGATION ACTION TO BE CONSIDERED: Approve the final payment for Contract 12 -05 (Inflow & Infiltration Mitigation — City -Wide Sanitary Sewer Improvements) in the amount of $30,232.84 to G.F. Jedlicki, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 12 -05 provided for the raising of manhole structures above high water elevations and installing water tight seals on other manholes in low lying areas around lakes, ponds, wetlands and in highway ditches (121 total) to mitigate the effects of inflow and infiltration, as authorized by the City Council under City Project 1087. • 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. k Agenda Information Memo August 21, 2011 Eagan City Council Meeting G. CONTRACT 12-07,2012 C ITYWIDE SANITARY SEWER LINING ACTION TO BE CONSIDERED: Approve the final payment for Contract 12 -07 (2012 Citywide Sanitary Sewer Lining) in the amount of $10,647.86 to Insituform Technologies USA, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 12 -07 provided for the rehabilitation of 7,679 linear feet of existing sanitary sewer pipe strategically selected from throughout the City for structural and I & I mitigation lining improvements. • 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. k(4 Agenda Information Memo August 21, 2012 Eagan City Council Meeting H. PROJECT 1016R, AMES CROSSING ROAD STREET & UTILITY IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1016R (Ames Crossing Road — Street & Utility Improvements) and schedule a public hearing to be held on September 19, 2012. FACTS: • Project 1016R provided for the street and utility improvements on Ames Crossing Road which connected the north and south portions of Ames Crossing Road and provided for a continuous street connection between Lone Oak Road and O'Neill Drive to service the development and the surrounding area in northeast Eagan as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 10 -11, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational area meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The total final assessments are approximately 44% less than the estimate contained in the feasibility report presented at the public hearing held on March 2, 2010, due to favorable bids received and lower than estimated easement costs. k7 Agenda Information Memo August 21, 2012 Eagan City Council Meeting I. PROJECT 1047, JOHNNY CAKE RIDGE ROAD (CLIFF ROAD TO APPLE VALLEY BORDER) STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1047 (Johnny Cake Ridge Road — Street Improvements) and schedule a public hearing to be held on September 19, 2012. FACTS: • Project 1047 provided for one mile of street improvements on Johnny Cake Ridge Road (Cliff Road south to the Apple Valley border) in south - central Eagan as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 12 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments to the County's Lebanon Hills Regional Park are set at the City's Fee Schedule rate by agreement reached in 2004. The final assessments for the remaining assessable properties (City park) are approximately equal to the estimate contained in the feasibility report presented at the public hearing held on December 20, 2011.. Im Agenda Information Memo August 21, 2012 Eagan City Council Meeting J. PROJECT 1076, SLATER ROAD/ WHISPERING WOODS 4 TH / 5 TH STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1076 (Slater Road/ Whispering Woods 4 5 — Street Improvements) and schedule a public hearing to be held on September 19, 2012. FACTS: • Project 1076 provided for street improvements on Slater Road (Wall Street to the Burnsville border) and the streets within the Whispering Woods 4 5 Additions in southwest Eagan as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 12 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 6% less than the estimate contained in the feasibility report presented at the public hearing held on December 20, 2011 due to favorable bids received. z Agenda Information Memo August 21, 2012 Eagan City Council Meeting K. PROJECT 1080, RAHN ROAD STREET IMPROVEMENTS - FINAL ASSESSMENT ROLL ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1080 (Rahn Road — Street Improvements) and schedule a public hearing to be held on September 19, 2012. FACTS: • Project 1080 provided for 1.2 miles of street improvements on Rahn Road (Cedar Grove Parkway to Shale Lane) in western Eagan. This project was completed as outlined and discussed in the feasibility report and approved by the City Council. • This project, constructed under Contract 12 -01, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's Special Assessment Policy for all such assessable properties. • This roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. • An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. • The final assessments are approximately 31 % less than the estimate contained in the feasibility report presented at the public hearing held on December 20, 2011 due to favorable bids received. Agenda Information Memo August 21, 2012 Eagan City Council Meeting L. CEDAR INDUSTRIAL PARK EASEMENT VACATION ACTION TO BE CONSIDERED: Receive the petition to vacate public service road easement within Lot 2, Block 1, Cedar Industrial Park, and schedule a public hearing to be held on September 19, 2012. FACTS: • On May 31, 2012, City staff received a petition from Mr. Bob Brennan, owner of 3771 Sibley Memorial Highway, requesting the vacation of a portion (15' x 20') of the existing public service road easement on Lot 2, Block 1, Cedar Industrial Park, to accommodate the building of a proposed monument sign on the property. • The public easement is 40 feet wide along the east lot line and was dedicated with the Cedar Industrial Park plat in 1967. The described purpose of the easement is for a service road. • On July 17, 2012, the City Council held a public hearing and vacated the portion of the easement submitted under the petition from Mr. Brennan. • At this same meeting, the City Council directed City staff to initiate a vacation of the entire easement to bring back for consideration at a future City Council meeting. • The service road easement is not a typical easement. The history of the designation is unknown, but it has not been utilized in the 45 years since its dedication. The easement would be appropriate for a frontage road along Highway 13. No such frontage road is planned in this location. • The new request would vacate the entire 40 -feet wide service road easement. • 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 -Qa • Location Map, page . Easement Survey for International Office Technologies WATER q SHUTOFF - I k METAL RNL—/Z \ ^'� Q A 1 0 1 nN "q A' (I 1 �� �\ \ � \� / I `j I ! I .y� `���� DOq 6y V < fir. q) \ -��` � � \ 1 .J` �`�� I i i �� I I � I I II ���' U/ i' � � N X V v Iv � I ! I I I I I G,I/� I � ��� i !; �(' ` � ^a `\`�. x J / ^° I I I 1 j����� I I • �� �J\ �,� `` A 1 11) SCALE: 1 40' �� -. � l � � l I �I i I'l p ° � ^� �,`�J� \�`��� ,r'il �\ IN EASEMENT DESCRIPTION: _�O ,,7 6 All Service Road Easement per plat of Cedar Industrial Park (Lot 2, Block 1). 0 1 O A, s�• � °' `' °� / ,� �` �O r � ono Q) N' \V 4/ ■ 49b City of Eagan CilyafBa�an w�—E 0 E; d iii J ✓ l� 1 0I l ' ' 74 I din k _ Q,b¢'d le RgaI } h } i '.',` ;{ I j I I ififie� I +S dad i 1 } t , '' •• f 1 ' �* ! 1 I - i 1 a 3. 1' �= Proposed Easement Vacation Location Map Lot 2, Block 1, Cedar Industrial Park Figure 1 L:U sers /Engi nee ring/ Easement Vacations/ Cedarindustrial Park M07_12 31 Consent Agenda Information Memo August 21, 2012, Eagan City Council Meeting M. MODIFICATION TO SITE PLAN ASPEN WASTE ACTION TO BE CONSIDERED: To approve a modification of Site Plan associated with a Conditional Use Permit upon property located at 3259 Terminal Drive. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ Aspen Waste received Conditional Use Permit approval for outdoor storage of trucks and waste containers for this site on January 3, 2012. ➢ The CUP Site Plan approval included a white block wall and 6' solid white vinyl fence along Terminal Drive to contain and screen the storage area; a chain link fence with mesh screening is located along Sun Drive. ➢ Aspen has recently contacted the City with a proposal to change the fence and wall design along Terminal Drive. ➢ The proposed change substitutes a black iron metal fence with mesh screening in place of the solid white vinyl fence and block wall along Terminal Drive. The areas of chain link with mesh along Sun Drive remain unchanged. ➢ The applicant states that the black metal fence is "an improvement in both quality and appearance." ➢ The approved fence is solid and opaque, providing a higher level of screening of the outdoor storage area. The white block and white vinyl is a departure in style and appearance from other industrial fences and outdoor storage lots in the area. ➢ The proposed black metal fence with mesh does not provide the same level of screening as the solid block wall and fence; however, it appears compatible in appearance with the surrounding area and provides some level of visibility into the site, which can enhance security. The adjacent properties to the north and south both have chain link fence with mesh to enclose and screen outdoor storage areas. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Not Applicable ATTACHMENTS: (2) Location Map, page Q Letter from Aspen Waste and proposed exhibits, pages through D -" Project Name: Aspen Waste (3259 Terminal Drive) Request: Conditional Use Permit & Interim Use Permit Case Nos.: 08- CU- 16 -11 -11 & 08- IN- 05 -11 -11 Feet 0 500 1,000 2,000 Legend JM111M 16 mi City Boundary Parcels \ Parks Buildings N 4 1 0# � City of Evan Locati ASPEN WASTE SYSTEMS INC. August 9, 2012 City of Eagan Attn: Parn Dudziak 3830 Pilot Knob Rd. Eagan, MN 55122 Dear Pam, This letter and accompanying attachments is our formal request to make a modification to the fence on our site plan at 3259 Terminal Drive, which was approved by City Council on January 3, 2012. Approved Fence: Front yard fence of white vinyl and a section of block wall which would be built in the future, The side and rear yard was a chain link fence. Proposed Change: We propose a replacement of the white vinyl fence and future block wall with a black metal fence that has mesh screening, as detailed in the attachments. The side and rear yards would continue to have the chain link fence as approved. The rational for this change is that we, as well as our architect, think that the black metal fence will be an improvement in both quality and appearance. It also happens to address a concern of City staff that we have a fence with adequate visibility through it. As you may recall during staff review of our original site plan, the white vinyl fence was changed from a solid white fence to one with spaced slats because of visibility and safety concerns. We believe that the proposed metal fence better addresses this concern, in addition to being more attractive and of higher quality than the white vinyl. We respectfully request that the City approve this change and authorize us to proceed with the alternate fence as proposed. If there are any questions, I can be contacted at 612 -884- 8000 or via e -mail at tnelson @aspenwaste.com. Sincerely, ) l Thor W. Nelson Vice President '161 b4 CO , A:erue 5.1. N{inl leapoli., !vIV 55414 !6121 W14 CO FAX 5.6 12 1 88:1.8010 Page 1 of 1 ( D - 7 http: / /forsterfence.com /thumbs /800,x/tiploads/ images /1- :fence- gallery- 1 /gallery1 -5.jpg 8/7/2012 f HOME ABOUT US SFN COMMERCIAL 3/4" PICKET » Style 5FN -2 P; 954,483.,1624 F; 954,481 „1825 fencegforsterlerrce, rorri PRODUCTS GALLERY BR0CHURE CONTACT US FAQ Fence Line SFN Residential Pariel Longth 8 FT Panel Height 4 FT. 6 FT Picket Size 3/4” SQ X,(40" Rails Top Wall 1,22" x.071" Rails Sloe Wall 15" x.071" Standard Post 2" SQ x.060 Picket Spacing 341116" Post Spacing on Center 96 -3/4" on Center w/ 2" Post or 97 -.1/4" For xd /2" Posts Colors Available 3N Residential Black Bronze White Green Ardor Novi Ca W H a) nZ m� p ;0,z Z ;0 r � K:7, a2 o Z F J F N n`15` ° ix is g �o �b� —01 4R a ®9 mR €;tea PM R 2 m Gt y 'ao a a ✓ a �_� s01 A gy g R 1 ell 2� N6 i z 2g 4 A � ., £^ ..m C 2 R t ASPEN WASTE SYSTEMS INC, I u III i 3 @I =c .i 3259 tERMINAE DRIVE g�gm EA GAN, MI 5 SITE PLAN C N 'O eogos� N ti viiA� b �sfao a2 o Z F J F N n`15` ° ix is g �o �b� —01 4R a ®9 mR €;tea PM R 2 m Gt y 'ao a a ✓ a �_� s01 A gy g R 1 ell 2� N6 i z 2g 4 A � ., £^ ..m C 2 R t ASPEN WASTE SYSTEMS INC, I u III i 3 @I =c .i 3259 tERMINAE DRIVE g�gm EA GAN, MI 5 SITE PLAN C Agenda Memo August 21, 2012 City Council Meeting N. APPROVE a Resolution to accept a donation from the Eagan Athletic Association in the amount of $56,904.86 for the construction of a storage building at the Lexington - Diffley Athletic complex and authorize the necessary budget adjustment. ACTION TO BE CONSIDERED: To approve a resolution to accept a cash donation of $56,904.86 from the Eagan Athletic Association for the construction of a storage building at the Lexington - Diffley Athletic complex and authorize the necessary budget adjustment. FACTS: ® The City and the Eagan Athletic Association (EAA) have a long history of working cooperatively to provide athletic programs and activities for the youth of Eagan. ® EAA provides much of the equipment that is used for the programs and activities and had identified a long term need for additional local storage space. o The City and EAA have previously worked together to construct and operate a storage building in Northview Park for EAA athletic equipment. ® In an agreement dated March 15, 2012, the City and EAA agreed to a process whereby the City would coordinate the construction of a storage building at the Lexington Diffley Fields and upon completion be reimbursed by EAA for the construction costs not to exceed $63,500. ® The City will retain ownership of the building and EAA will have exclusive use of the building for the storage of athletic equipment. O The final cost of construction for the completed building totaled $56,904.86. ® EAA has submitted a check to the City in the amount $56,904.86 as reimbursement for the full cost of construction, By approving this donation the 2012 Park Site Fund would receive a corresponding budget adjustment reflecting the cash donations of: ® $56,904.86 to budget line item 2850.6756 ATTACHMENTS: 0 Resolution on Page CITY OF EAGAN RESOLUTION TO ACCEPT A CASH DONATION FROM THE EAGAN ATHLETIC ASSOCIATION FOR THE CONSTRUCTION OF A STORAGE BUILDING AT THE LEXINGTON - DIFFLEY ATHLETIC COMPLEX WHEREAS, the City of Eagan and Eagan Athletic Association (EAA) have a long history of working cooperatively to provide athletic programs and activities for the youth of Eagan; and WHEREAS, IAA provides much of the equipment that is used for the programs and activities and had identified a long term need for additional local storage space; and WHEREAS, the City of Eagan and EAA have previously worked together to construct and operate a storage building in Northview Park for EAA athletic equipment; and WHEREAS, in an agreement dated March 15, 2012 the City of Eagan and EAA agreed to a process whereby the City would coordinate the construction of a storage building at the Lexington - Diffley Athletic Complex and that once construction was completed EAA would reimburse the City of Eagan for the construction costs.; and WHEREAS, the City of Eagan will retain ownership of the building and EAA will have exclusive use of the building for the storage of athletic equipment; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $59,904.86 cash donation from the Eagan At111etic Association as payment for the construction of a storage building at the Lexington Diffley Athletic Complex, CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated CERTIFICATION I, Christina M.Scipioni, City Clerk for 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 21 day of August, 2012. City Clerk ::� A Agenda Information Memo August 21, 2012 Eagan City Council Meeting O. CANCEL THE OCTOBER 9, 2012 SPECIAL CITY COUNCIL MEETING AND SCHEDULE A SPECIAL CITY COUNCIL MEETING ON OCTOBER 22, 2012 ACTION TO BE CONSIDERED: To cancel the October 9, 2012 Special City Council meeting, and schedule a Special City Council meeting on October 22, 2012 at 5:30 p.m. FACTS: ➢ Per the direction of the City Council at the August 15, 2012 Special City Council meeting, it is proposed that the October 9, 2012 Special City Council meeting be cancelled, and instead, the meeting is proposed to take place on Monday, October 22 at 5:30 p.m. in the Eagan Room. ATTACHMENTS (0): ', Agenda Information Memo August 21, 2012, Eagan City Council Meeting P. APPROVE EXEMPT PERMIT FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL TO HOLD A RAFFLE ON SEPTEMBER 21, 2012 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on September 21, 2012 at 3355 Columbia Drive. FACTS: ➢ Faithful Shepherd Catholic School has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page z>- (The application is available from the Office of the City Clerk.) RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHERAS, Faithful Shepherd Catholic School has applied for an Exempt Permit to conduct a raffle on September 21, 2012; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on September 21, 2012 at 3355 Columbia Drive in Eagan. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in favor: Those against: Date: August 21, 2012 CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21 day of August, 2012. City Clerk Agenda Memo August 21, 2012 City Council Q. APPROVE the 2013 Parks and Recreation Capital Improvements Program ACTION TO BE CONSIDERED: To approve the 2013 Parks and Recreation Department CIP for park improvements. FACTS: • The Advisory Parks Commission (APrC) has prepared an updated CIP for the years 2013 — 2017. The CIP is consistent with the goals of the 20/20 Vision Plan and existing master plans. • The APrC met with the City Council on August 15 in a workshop session to review the proposed recommendations for 2013 park improvements. • At their meeting on July 16, 2012, the APrC took formal action to recommend specific approval of the 2013 CIP projects with years 2014 — 2017 considered as preliminary and subject to change. • Funding for the CIP has historically come from the Park Site Fund (PSF), which is primarily money collected from developments at the time of platting in lieu of land dedication. Starting with the 2012 budget the City Council designated a $400,000 annual allocation to fund what is now called the Park Systems Development and Renewal and Replacement Fund. 2013 CIP Projects: 1. Central Park Festival Grounds Irrigation: Tie into existing irrigation to add irrigation to Festival Grounds Est. Cost = $100,000 2. Central Park Playground Expansion Expand the current outdoor exercise equipment to provide Est. Cost = $25,000 additional opportunities for physical activities for multiple ages. 3. Cedar Grove Park Development -Phase 1: Begin Phase 1 of the park development surrounding the Cedar Grove Est. Cost = $175,000 commercial site to provide additional play opportunities in addition To Woodhaven Park that serves this area. 4. Northview Park Court Trail Upgrade: Upgrade the existing trail around the Northview Park Tennis Courts Est. Cost = $50,000 5. Park Trail Signage: Upgrade the signs that help direct people through the City's Est. Cost = $25,000 Trail system. 6. Playground Installation — Location TBD: Continuation of ongoing playground replacement program. Est. Cost = $70,000 7. City Wide: Small Projects Funding for opportunities, necessities, grant and partnerships. Est. Cost = $30,000 Est. 2013 Total = $475,000 Attachments: 2013 capital improvement projects detail on pages :_% through �t aq a� v rA 'o � a a ; A� 0 �a a b w 2 ai a°, uo u i� P. w t7 cd w c 0 N i.i cc�oo 'C M V1 O b w 2 ai a°, uo u i� P. w t7 0 00 0 0 0 0 0 0 C> c) cc�oo 'C M V1 O 69 �Goq� O Ef? bf3 0 II + o o Ge A N ++ N o n N - q a bbo O ° bo 0 qq m° 6A w w w w w n w w P- a w y .V C O 0 O o 00 O O O o O 0 yi O o o NEf? s s s E6 s�R3 6��? 6M9 Gn w 0 to �-' - o q H o a �° x o d .4 �A4 w O U a VJ o a r� a P( Cd .s: a v U a U z b w 2 ai a°, uo u i� P. w t7 a A 0 V a a b 0 W R7 0 A e� a a� a a o ^' � N i H � N LdFj b 0 a b w a II w a a 0 a a �sj w 0 0 N eC b w a II w a a 0 a a �sj ° ° oo N O O � d°' W b9 69 t- C O O; Qj Y 'N VJ b ay C j Q N Pk ~ O N Cl cl P�mwq. bp > N W - P�1 un O U o O ° 00 O O O O o O °o O O o O O O O a � Ln 6s k„ tn ) W, 0 0 4 0 x > o bJO A Cd Q b 0 .r, o o -� a w r� x � n a x bo a a� b w a II w a a 0 a a �sj 0 b W a� � a N A c � a a a b w o, x w ii u a a C7 MUN "a w 0 0 0 0 kn 0 0 0 0 0 o 0 N i.i ° o 0 ° o ° o ° o a b w o, x w ii u a a C7 MUN 0 0 0 0 0 0 0 0 o ° o 0 ° o ° o ° o 0 o N d' O M � rs Izi O o Ci H U ++ A N Q �+ bbA 0 v T-k ° N . W O U- ° o ° o o ° o ° °o ° o ° ° c GIs 45's Gn Gn w +' o � N o A C o x a � a ed c U 0 a b w o, x w ii u a a C7 MUN d A 0 v a F, Cd a 0 0 W v c� Q . A a a� a � N 1 N .Al 0 a N w a. x ii a c7 a a c7 0 w 0 ° oo 0 0 0 0 0 0 N I N w a. x ii a c7 a a c7 0 ° oo 0 0 0 0 0 ° C) o o C �d o t 00 O II ",o o"p OMO a Sy" � U N E13 N N N obi) a � v O N .C ' � C> o N W f� too a a w a w a a A. U ° o °o 0 o 0 0 °o C o QO N 6S s 604 6R m W: 0 N U Fy o a N w a. x ii a c7 a a c7 0 a c� A 0 C� V 0 a v a b 0 Rr H U 0 0 0 N M �-i O N a �n w 0 0 0 ° O • o 0 0 N a. w a a a C7 q(D 0 0 ° O • o 0 0 0 0 0 0 0 0 N ° N O O -. 69 �60!� M 01 ? C 69 6R O O + 00 �. O H , •oaa N t4 0 d O N r A W P4 �1 O may ° O O O O O 5 O en .� V) Eoq 6R SX) GO) W c� 0 c o U 'o a� cd a ° � a a Cd H a I a. w a a a C7 q(D City f Ea $150,000 PSF a n �► Parks & Recreation Department p artment PSF Park Systems Development and Renewal and Replacement Fund $100,000 Potential Capital Improvement Projects 4. Wandering Walk Trail 2013-2017 PSF /G Category/Locatio11 $100,000 Estimated Cost , Potential Funding Park Development Master Plans 1. Moonshine Park $200,000 PSF /G 2. Rahn Park South $150,000 PSF /G 3. Cedar Grove Phase II $100,000 PSF /P 4. Holz Farm Park Pahse 111 $150,000 PSF /G 5. Section 16 Federal Drive $200,000 PSF /G Subtotal $800,000 Park Improvements 1. Rahn Court Construction $150,000 PSF 2. Cascade Bay Deck Upgrade $50,000 PSF 3. Pickleball Court $100,000 PSF /G 4. Wandering Walk Trail $100,000 PSF /G 5. Bur Oaks Trail Paving $100,000 PSF /G Subtotal $500,000 Athletic Lighting 1. Lexington Diffley 1 - 6 $500,000 PSF 2. Northview 5 - 8 $250,000 PSF 3. Thresher Soccer $200,000 PSF 4. Ohmann Soccer $200,000 PSF 5. Hockey Rink Upgrades $150,000 PSF Subtotal $1,300,000 Master Plans 1. Rahn South $50,000 PSF 2. Federal Drive $50,000 PSF Subtotal $100,000 PSF = Park Site Fund Total All $2,700,000 P = Potential Partnership G = Grant L` Agenda Memo August 21, 2012 City Council R. APPROVE the 2012 -2013 Advisory Parks Commission Work Plan and Goals ACTION TO BE CONSIDERED: To approve the 2012 -2013 Advisory Parks Commission Work Plan and Goals. FACTS: • The Advisory Parks Commission has been working to develop a comprehensive work plan that they could focus on for the years 2012 -2013. • At their June 18, 2012 workshop the APrC finalized and adopted their proposed work plan to present to the City Council for review and direction. • At the August 15 City Council workshop the Advisory Parks Commission presented their 2012- 2013 Goals and Work Plan. • The Work Plan and Goals reviewed were: 1. Recommend initiatives to the City of Eagan and its constituents for new park development at the Nicols Ridge /Cedar Grove three -acre site area to meet the needs of the surrounding community. 2. Recommend initiatives to the City of Eagan and its constituents for an active living infrastructure. Conduct a joint meeting with the Energy and Environment Advisory Commission to discuss the following: • Identify where the Complete Streets initiative might be implemented. • Enhanced walking and biking routes • Trail gaps — fill in where needed • Safe route to school initiative 3. Recommend initiatives to the City of Eagan and its constituents for healthy vending and concessions policy to meet the following objectives: • Recommend a written policy • Utilize resources from Dakota County to assist with research standards. • Connect the medical community to healthy living initiatives 4. Recommend initiates to the City of Eagan and its constituents for additional recreation programs and facilities to meet the following objectives: • Meeting our current demographics • Promotion of healthy /active living • Researching interest and feasibility of additional facilities such as indoor tennis /indoor soccer. • The City Council directed the 2012 -13 Work Plan to the August 21 agenda so that formal action could be taken to approve the Work Plan as presented. Attachments: None Ll AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 21, 2012 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. APPROVE Update of Eagan Business Assistance Policy F. OTHER BUSINESS G. ADJOURN L Agenda Information Memo Eagan Economic Development Authority Meeting August 21, 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 August 6, 2012 EDA meeting are enclosed on pages 'A 6 through Lk-(p Ll L�k MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota August 6, 2012 A meeting of the Eagan Economic Development Authority was held on Monday, August 6, 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 and City Attorney Dougherty. Community Development Director Hohenstein was absent. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Tilley 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 17, 2012 EDA meeting as presented. 2. It is recommended to ratify the 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. It is recommended to authorize Preparation of Minnesota Investment Fund Application for Stream Global Services for Improvements at 3285 Northwoods Circle. OLD BUSINESS There were no Old Business items. NEW BUSINESS AUTHORIZE UPDATE OF EAGAN BUSINESS ASSISTANCE POLICY Executive Director Hedges indicated 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. Hedges noted 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. President Maguire asked if anyone in the audience would like to comment. There being no public comment, he turned the discussion back to the City Council. Commissioner Fields moved, Commissioner Bakken seconded a motion to authorize the preparation of an update of the City of Eagan Business Assistance Policy. Aye: 5 Nay: 0 OTHER BUSINESS There were no Other Business items. ADJOURNMENT Commissioner Fields moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date Thomas Hedges, Executive Director W Agenda Information Memo August 21, 2012 Eagan EDA Meeting 1. APPROVE UPDATE OF EAGAN BUSINESS ASSISTANCE POLICY ACTION TO BE CONSIDERED: To approve 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 has requested authorization to prepare an update of the policy to be considered by the EDA. ➢ At its meeting of August 6, 2012, the EDA Board authorized the update to be prepared. That has occurred and the item is in order for consideration at this time. ATTACHMENTS: ➢ Draft Business Assistance Policy Update on pages L )) through CITY OF EAGAN BUSINESS ASSISTANCE POLICY Adopted December 19, 2006 Updated August 21, 2012 1. 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 I I6J 995. Minnesota Statutes II6J.993, 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 II6J.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. 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 116J.995. GOALS 3.01 As a matter of adopted policy, the City of Eagan will consider using 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 April. f, 2010 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. 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 financial 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. 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 following 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 may be 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. M 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 projects, 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 116J.993, 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 201.2 100% of the median is $83,900 ai.7.d 80% of median is $67,100.) , artd 80rr �redlans �d -0. 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 up 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. 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. 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. 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 116J.993 through 116J.995. 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. Mike Maguire Mayor Date 51 CITY OF EAGAN PRE - APPLICATION BUSINESS ASSISTANCE FINANCING Legal name of applicant: Address: Telephone number: Name of contact person: REQUESTED INFORMATION Addendum shall be attached hereto addressing in detail the following: A map showing the exact boundaries of proposed development. 2. Give a general description of the project including size and location of building(s); business type or use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; estimated market value following completion. 3. The existing Comprehensive Guide Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation and how the property will be zoned. 4. A statement identifying how the assistance will be used and why it is necessary to undertake the project. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created, hourly wages and other community assets. 6. A written description of the developer's business, principals, history and past projects l understand the Pre- Application. is a tool through which the City will make an initial determination as to whether 1 public .. financin Y assistance mi g lit be considered for the p Jioi .... ect. If so l would intend. to re are ............................................................................ ................................................................... .................. .......... ................................ 1�p ...................................................................... ............................ and submit a tornral ap r.licati ... .. on for busin financing assista ce. 1 midefstand that 4.1 le flppheatl��' wi�-ed fbr Gil,- staff and eensultatit eests and, may be part; - made at the ,. 'the request-fb+ C- 'oui... a-the -ec 4s;- uieurfed bye t#e 1;4y -prTi to tl . ithdrawal of 1114.8.1 applieatio.. ill be responsible faf additional deposits. asfflstaflee. SIGNATURE Applicant's Signature: Date: W CITY OF EAGAN APPLICATION BUSINESS ASSISTANCE FINANCING GENERAL INFORMATION Business Name: Address: Type (partnership, etc.): Authorized Representative: Description of Business: Date: Phone: Legal Counsel: Address: FINANCIAL BACKGROUND 1. Have you ever filed for bankruptcy? Phone: 2. Have you ever defaulted on a loan commitment? 3. Have you filed for conventional financing for this project? 4. List financial references: a) b) C) 5. Have you ever used Business Assistance Financing before? If yes, what, where and when? PROJECT INFORMATION 1. Location of proposed project: 2. Amount of business assistance requested: 3. Need for business assistance: 4. Present ownership of site: 5. Number of permanent jobs created as a result of project: 6. Estimated annual sales: Present: Future: 7. Market value of project following completion: 8. Anticipated start date: FINANCIAL INFORMATION 1. Estimated project related costs: a) Land acquisition b) Site development c) Building cost d) Equipment e) Architectural /engineering fee f) Legal fees g) Off -site development costs Completion date: TOTAL: L. 2. Source of financing: a) Private financing institution b) Requested public assistant funds c) Other public funds d) Developer equity TOTAL: .1 am submitting the business financing assistance application and related support documentation .for the p p gKpq�g§..gf r q. �g..consideration of public financial support of and. that the . .......................................... I ............... I - ........... ................ ......................... - ....................... .... -- ........................... . . .!�q 1 u ild.erstq ............ ............... gppLiqation fee is non - refundable and that the escrow -deposit.will, be used for City staff and consultant costs associated with the review of this application. The balance of the escrow may be returned if the costs of review are less than. .. dep . osit. The escrow ma be partially refundable if th req s ...... .......................... . .. . .... .. .................................. ........................................ ............... ............. ............................... . .......................... . .............................................. ........................ Y . . ....... . ............... ............. ................ ................ ...... . ........................... for assistance is withdrawn, Refunds will be made at the discretion of the Ci 1y Council and be based 01). the costs incurred by the City prior to the withdrawal of the request for assistallce. If initial application escrow is insufficient to cover all Cit y costs of review, I will be resvonsi:ble for additional de p osits. . . ..................... ................................................................. ................ ..... ................ .. ........... I ........................................................................... . ........................................ .................. ... .......................... ..................................................................... ........... . ........................... I I A , , A .._ . V .. . - . r.... .711 t.. - - - .1 L. rl', - — -J'P . . -1 ___1, - - a _ _ . . , - . A 1 1. 11 cou!jleil at e b-ase V— 1-1— 1-w Ift wi .-ifaVVa4-(4 J I MV assistance. IT the SIGNATURE Applicant's Signature: Date: PLEASE INCLUDE: 1. Preliminary financial commitment from bank. 2. Plans and drawing of project. 3. Background material of company. 4. Pro Forma analysis. 5. Financial statements. 6. Statement of property ownership or control. 7. Payment of application fee of $ 1,000 8. Escrow payment $ 10,000 and Escrow Agreement M APPENDIX A The Business Subsidies Statutes specifically exclude 22 items from the definition. The following are NOT business subsidies: • A business subsidy of less than $150,000; • Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; • Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; • Redevelopment property polluted by contaminants as defined in M.S. Section 116J.552, Subd. 3; • Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; • Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; • Assistance for housing; • Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance sub - district as defined under M.S. Section 469.174, Subd. 23; • Assistance for energy conservation; • Tax reductions resulting from conformity with federal tax law; • Workers' compensation and unemployment compensation; • Benefits derived from regulation; • Indirect benefits derived from assistance to educational institutions; • Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; • Assistance for a collaboration between a Minnesota higher education institution and a business; • Assistance for a tax increment financing soils condition district as defined under M.S. Section 469.174, Subd. 19; • Redevelopment when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; • General changes in tax increment financing law and other general tax law changes of a principally technical nature; • Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; • Funds from dock and wharf bonds issued by a seaway port authority; • Business loans and loan guarantees of $150,000 or less; and • Federal loan funds provided through the United States Department of Commerce, Economic Development Administration. MAT bA w O 4� V C� V bA O z N ril 0 0 0 Cd (1) crj a) c 0 o o N N •--� N ,� N O O O O O L rn +, o r bD p U n m p N rn : ty � �. N s N Q. U cd c� N -+5 O o N 0 Cd O c rA t� bA 'b cd (1) N +- O +' O O r4 rn O O N N T. . N. N n N v a) Cd \ �' U O p cd N U cd O } - O N O v F cd c� OU O O cd N OU 'd p Q �O cd +� o + •d O +� 'b a ++S O 1O y�� .4 - .5 p b9A 4O . (1 ) 1. 'd d O s: rn bA O l- U rr O N O N T O D\ P. bA O U ( l- O 4 p /� +� N i N rl 4� U s cd 0 0 d? O C p U U TJ 'd n s U A 8, O .9 Cd Cd s. Cd o z O Z o �+ � i O bA U bA 'd , vi cd O bA U bA 'CJ rn cd N J N O b N O N o 0 0 a a 0 0 d �, b b b U V 41 v V •.a � U ..w Hw94 a Hwa Hwu N ril O 0 a > O °+ p N U O N Q O '1 cd JG N ° O N O A N U n L" Cd cc3 N ' L., - ' + 'O cdd �-45 N b 'rj '+s U > 7C t b O o w � N O N 0 O + by c N O 45 b 0 Cd U cn N p U 1 c CCC�aaa b a � ° O p U a .�u 9 a 3 O a rn O 142 En 0 4 0 0 Q d �� N U N U P" 0 cd 3 4 4_ N ��. b c O (n W U U O N Ste" s, ++ bA O N N �"� cd p U p 0 N O O .� O En .p (� Q W '� Q . Q Xi 'N N Q pJ.) ,� y.y O� t j U p p O p ca .v o r—i 44 b 0 vS d C h w U N O 0 V o) w O M Agenda Information Memo Eagan Economic Development Authority Meeting August 21, 2012 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. 00-