Loading...
12/04/2012 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING DECEMBER 4, 2012 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 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) A. APPROVE MINUTES la B. PERSONNEL ITEMS ___C. APPROVE Check Registers 115 D. APPROVE renewals of existing alcohol licenses for 2013 _jo_E. DIRECT City Clerk to issue 2013 alcohol license renewals upon licensees' submission of renewal documents and fees _F. RECEIVE Wellhead Protection Plan — Part I Report and Schedule Public Hearing for December 18, 2012 G. APPROVE Water Quality Cost Share Partnership Program H. Item removed 2'J I. APPROVE an agreement with empowris, LLC to allow the Eagan Community Center to participate as a provider to companies represented by empowris z3 (o J. AUTHORIZE Submittal of FY 2013 Community Development Block Grant Application to the Dakota County CDA 40 K. AUTHORIZE Submittal of 2013 Redevelopment Incentive Grant Application to the Dakota '1 County CDA L. AUTHORIZE Preparation of Small Area Land Use Study for Lockheed Martin Property in Central Commons Special Area V. PUBLIC HEARINGS L_A. PROPOSED 2013 Budget and Property Tax Levy VI. OLD BUSINESS VII. NEW BUSINESS L 9 A. CONDITIONAL USE PERMIT — Wagging Tails Pet Resort - A Conditional Use Permit to allow an increase in boarding from 90 to 125 dogs located at 3275 Sun Drive t�G B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, and PRELIMINARY PLANNED DEVELOPMENT — Riverview Ridge Townhomes — Dakota County CDA - A Comprehensive Guide Plan Amendment from HD, High Density to MD, Medium Density for approximately 2.1 acres, a Rezoning of approximately 4.3 acres from R -4, Residential Multiple and R -2, Residential Double to PD, Planned Development and a Preliminary Planned Development of approximately 4.3 acres to build townhomes located at 3206, 3160, & 3170 Sibley Memorial Hwy VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA 11 C. CONSENT AGENDA 1. APPROVE EDA Minutes LI�J D. OLD BUSINESS 1. APPROVE Grant Agreement for DEED Redevelopment Grant Funding for Cedar Grove Parking Ramp Mo E. NEW BUSINESS 1. AUTHORIZE Preparation of Request for Proposals for Cedar Grove Parking Structure Design Services 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 XIII. ADJOURNMENT 40k� City of EaRan 9cmo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 31, 2012 SUBJECT: AGENDA INFORMATION FOR DECEMBER 4, 2012 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 4, 2012 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 4, 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 November 7, 2012 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of November 7, 2012 Regular City Council meeting are enclosed on pages J through 11 . rl MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota NOVEMBER 7, 2012 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Fields. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Wednesday, November 7, 2012 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Fields. Also present were City Administrator Tom Hedges, Assistant City Administrator Miller, Assistant City Administrator VanOverbeke, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Communications Director Garrison, Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay :0 RECOGNITIONS AND PRESENTATION The City Council recognized the Eagan Girl Scouts Centennial Day of Service on October 13, 2012, noting in Eagan, over 400 Girl Scouts and volunteers raked at Walnut Hill, Trapp Farm, Blackhawk, Northview and Thomas Lake parks and filled about 1,250 bags of leaves and debris. They also distributed over 300 door hangers and applied almost 120 storm drain labels. Several of the Girl Scouts addressed the Council, giving a brief presentation of the event. CONSENT AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented /modified. Aye: 4 Nay: 0 A. It was recommended to approve the minutes of September 11 & 28, October 2, 16 and 22, 2012 B. Personnel Items 1. It was recommended to approve the City of Eagan's Payment Credit Card Industry Compliance Policy, (PCI Compliance Policy) 2. It was recommended to approve the hiring of the Assistant Finance Director "to be named" 3. It was recommended to approve the hiring of Seasonal/ Temporary Employees in Parks & Recreation C. It was recommended to approve the Check Registers dated October 5, 12, 19, 26, 2012 D. It was recommended to approve an Amendment to a Grant from the State of Minnesota on Behalf of the Dakota County Drug Task Force and Approve a Resolution Authorizing Execution of the Agreement E. It was recommended to authorize an Application of a Grant from the Metropolitan Regional Arts Council for an Arts Learning Grant for Arts Programming in 2013 F. It was recommended to approve the 2013 Funding Application from Dakota Valley Recycling to Dakota County for the Community Landfill Abatement Funds and Local Negotiated Initiative Funds I City Council Meeting Minutes November 7, 2012 2 page G. It was recommended to approve the 2012 -2013 Airport Relations Commission Work Plan H. It was recommended to approve a Resolution Removing Burn Ban I. It was recommended to approve Final Payment for Contract 12 -02, 2012 Citywide Street Improvements J. It was recommended to approve a Resolution In Support of Dakota County's 5 -Year Transportation Capital Improvement Program (2013 -2017) K. It was recommended to approve the Snowplow Defensive Driving Training Agreement with Dakota County Technical College L. It was recommended to approve the Blackhawk and Thomas Lake Management Plans for Submittal to the Minnesota Pollution Control Agency (MPCA) M. It was recommended to approve a Joint Powers Agreement with Dakota County to Participate in the Dakota County Wetland Health Evaluation Program N. It was recommended to approve a Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School's Live and Silent Auction on February 9, 2013 0. It was recommended to approve the Final Subdivision — Eagan Car Club 2nd Addition P. It was recommended to approve an Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on February 9, 2013 Q. It was recommended to approve an Off -Sale Liquor License for The Herman Group, Inc. DBA Diffley Square Liquors, 4130 Blackhawk Road #102 PUBLIC HEARINGS PROJECT 1075, GREAT OAKS LANE / GREAT OAKS CIRCLE STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1075 provided for the street overlay improvements on Great Oaks Lane and Great Oaks Circle, residential streets in east - central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. There being no further public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final Assessment Roll for Project 1075 (Great Oaks Lane / Great Oaks Circle — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 1069, CLIFF RIDGE STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1069 provided for the street overlay improvements on Cliff Ridge Court, a residential street in south - central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the Final Assessment Roll for Project 1069 (Cliff Ridge — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 City Council Meeting Minutes November 7, 2012 3 page PROJECT 1064, HILLS OF STONEBRIDGE 2nd & 3rd STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1064 provided for the street overlay improvements within the Hills of Stonebridge 2nd /3rd Additions, residential streets in southeast Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project noting a letter of objection was received. Councilmember Bakken recused himself, noting his home is one of the properties to be assessed. Mayor Maguire opened the public hearing. Steve Debaun, 4081 Foxmoore Court, addressed the Council noting a letter of objection to the assessment was submitted. Mr. Debaun discussed his driveway issue caused by the street overlay project and a concern about a spot in the cul -de -sac. John Flynn, 4160 Kingston Court, addressed the Council regarding his driveway issue caused by the street overlay project. Director of Public Works Matthys responded to the questions and concerns. The Council discussed the issues. There being no further public comment, Mayor Maguire turned the discussion back to the City Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Final Assessment Roll for Project 1064 (Hills of Stonebridge 2nd & 3rd —Street Improvements) and authorize its certification to Dakota County for collection. Aye: 3 Nay: 0 PROJECT 1066, COVENTRY PASS 1st — 2nd COUNTRY HOLLOW STREET IMPROVEMENTS — FINAL ASSESSMENT HEARING City Administrator Hedges noted Project 1066 provided for the street overlay improvements within the Coventry Pass 1St — 2nd and Country Hollow Additions, residential streets in east - central Eagan. Director of Public Works Matthys gave a staff report and provided additional history on the project. Mayor Magurie 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 Final Assessment Roll for Project 1066 (Coventry Pass 1St — 2nd /Country Hollow — Street Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 MINNESOTA VALLEY TRANSIT AUTHORITY 2nd ADDITION EASEMENT VACATIONS MINNESOTA VALLEY TRANSIT AUTHORITY 3" ADDITION FINAL SUBDIVISION City Administrator Hedges noted on July 6, 2012, City staff received a petition from Mr. Michael Meehan, BWBR Architects, representing the MN Valley Transit Authority (MVTA), requesting the vacation of existing drainage and utility easements on Lot 1, Block 1 Minnesota Valley Transit Authority 2nd Addition and a utility line easement on property located at 3645 Sibley Memorial Highway. Public 9 City Council Meeting Minutes November 7, 2012 4 page Works Director Matthys gave a staff report and provided additional history on the project. Tom Bright with Minnesota Valley Transit Authority was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the City Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the vacations of the public drainage and utility easements located on Lot 1, Block 1, Minnesota Valley Transit Authority 2nd Addition and a public utility line easement located at 3645 Sibley Memorial Highway and authorize the Mayor and City Clerk to execute all related documents. Aye: 4 Nay: 0 Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Final Subdivision (MVTA 3rd Addition) to create two lots upon approximately 16.3 acres, located at 3600 Blackhawk Road, currently legally described as Lot 1, Block 1, Minnesota Valley Transit Authority 2nd Addition, and 3645 Sibley Memorial Highway, currently a metes and bounds legal description. Aye:4 Nay:O OLD BUSINESS ORDINANCE AMENDMENT— CITY OF EAGAN City Administrator Hedges introduced the item noting on December 2, 2011, new Flood Insurance Rate Maps went into effect for Dakota County and the City of Eagan incorporating new FEMA regulations regarding floddplain management. The City also amended Section 11.66 of the City Code at that time to reflect the new maps and additional FEMA requirements, allowing Eagan residents to be eligible for participation in the National Flood Insurance Program. Hedges noted the Advisory Planning Commission recommended approval of the amendment at a public hearing on October 27, 2012. City Planner Ridley gave a staff report and provided additional history on the project. 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 an ordinance amendment to City Code Section 11.66 relating to Floodplain Districts and regulations and direct the City Attorney to publish the ordinance amendment summary. Aye: 4 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT— BUILDING MATERIALS OUTLET City Administrator Hedges introduced the item noting that Building Material Outlet has requested a Conditional Use Permit (CUP) to allow outside storage of trailers, building materials and trash and recycling containers, associated with a Site Plan on the 16 -acre site, located at 3045 Sibley Memorial Highway. Hedges noted the Advisory Planning Commission held a public hearing on October 23, 2012 and is recommending approval. City Planner Ridley gave a staff report and provided additional history on the project. Don Prettyman and Angie Ribar with Building Materials Outlet were available for questions. no City Council Meeting Minutes November 7, 2012 5 page 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 a Conditional Use Permit (CUP) to allow outside storage of trailers, building materials and trash and recycling containers, associated with a Site Plan on the 16 -acre site, located at 3045 Sibley Memorial Highway subject to the following conditions: Aye: 4 Nay: 0 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. The outdoor storage shall be limited to those items approved and located in the outdoor storage area as identified on the Site Plan received October 8, 2012 (as revised). 3. No additional outdoor storage shall be allowed. 4. All parking and storage areas shall be properly maintained to prevent deterioration. 5. The applicant shall install No Parking Fire Lane signs on both sides of the emergency access roads noted as "Fire Lane" on the Site Plan, spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal. 6. A Fire Department lockbox or padlock shall be located at all gates to provide emergency access as required by the Fire Department. 7. The property owner shall be responsible to maintain this storm water system in accordance with City engineering /water quality standards, under a maintenance agreement in a form acceptable to the City Attorney. 8. Aggregate surfacing used for the current outdoor storage areas 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 reconstruction of the proposed outdoor storage areas, and infiltration basin. 10. The applicant shall provide the City a soil- boring log with data to a minimum elevation of 735.0 ft. Mean Sea Level before the City approves a grading permit. If the soil- boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure §4.33 requirements for volume control are met. 11. The applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. 12. The applicant shall be responsible for annual inspection and maintenance of the stormwater management feature and for providing the City documentation of these activities. 13. A detailed Landscape Plan prepared by a registered landscape architect shall be submitted for review and approval by City staff to provide screening /buffering of parking and storage areas from the Hwy 13 right -of -way. As required by City Code, all landscaped areas shall be served by automatic irrigation. Landscaping shall be installed by June 1, 2013. 14. The applicant shall revise the Site Plan received October 8, 2012 to delineate the following: a. Area 1 — two dumpsters, security fence and gate details (height and material); all storage to remain behind the front setback line which is identified as 50, off of the Highway 13 property line. b. Area 3 — semi tractor, racking, pallets, A -Frame cart c. Area 4 — Propane cage and security fence detail a City Council Meeting Minutes November 7, 2012 6 page 15. The applicant shall obtain a building permit for the security fence if over 6 feet or a zoning permit if 6 feet or under and complete required inspections within 60 days of issuance of said Building Permit. 16. All signage shall meet City Code standards. 17. No hazardous materials shall be stored on the property. 18. The applicant shall provide a Maintenance Plan for the gravel outdoor storage area (Area 3) to address weed control and removal of brush and other vegetative growth. 19. The damaged light pole located in Area 1 shall be replaced. 20. Retail sales are prohibited. 21. All required site improvements shall occur by June 1, 2013. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE RECEIVE THE 2013 LEGISLATIVE POLICIES FROM THE LEAGUE OF MN CITIES AND METRO CITIES City Administrator Hedges introduced the item noting each year, the League of Minnesota Cities (LMC) and Metro Cities prepare legislative policies. Both organizations prepare their policy positions through their respective policy committees, which consist of elected and appointed officials from over 100 cities within Minnesota. The Council discussed the proposed 2013 LMC and Metro Cities' legislative policies. ADMINISTRATIVE AGENDA CITY COUNCIL COMMENTS Mayor Maguire congratulated Councilmember Fields and Tilley on their reelection and continued commitment to serving on the City Council. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein introduced the item to Authorize Agreements with Xcel Energy and Paragon Outlets to Order Materials for Pipeline Relocation. Hohenstein noted the City previously authorized Xcel Energy to complete an engineering study for the relocation of the company's gas pipeline in association with the relocation of Cedar Grove Boulevard to accommodate the prospective development of the Paragon outlet Center project. Xcel's study has been completed and the City received a copy on October 29, 2012. Among the study's conclusions was that, in order to have the pipe materials on hand by mid -April to permit the relocation to be completed in time for the ground breaking, it is necessary to order them in early November. Hohenstein noted in order to facilitate the schedule defined in the study, staff and the City Attorney have been in discussions with Xcel to draft the agreement necessary to permit the materials to be ordered at this time and with Paragon to draft an agreement to provide financial security for certain City expenditures that would be necessary to accomplish this in advance of closing. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the ordering of the pipe materials necessary to complete the relocation of the Cedar Grove Xcel gas pipeline line and authorize the Mayor and City Clerk to execute all necessary documents, in a form acceptable to the City Administrator and City Attorney. Aye: 4 Nay: 0 �0 City Council Meeting Minutes November 7, 2012 7 page There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:45 p.m. Aye: 4 Nay: 0 Date Mayor Clerk t� Agenda Information Memo December 4, 2012 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Accept the status change of Clerical Technician Margaret (Peggy) Fleck from Full Time (40 hours /wk) to on -call status through December 2012. FACTS: • Ms. Fleck is resigning effective December 31, 2012 due to family relocation. • The Community Development Department will utilize her expertise for special projects as needed through December 2012. • Staff will re- evaluate the Clerical Tech 3 job description to determine future departmental needs. • Upon completion of the job description evaluation, staff will pursue future Council action to advertise the vacant position. • Other existing staff will assist the Community Development Department to maintain an acceptable level of customer service to the public. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Jessica Mitchell, Temporary Clerical Technician III in Community Development. FACTS: • Jessica is a current employee at the Eagan Community Center. In addition to her hours at the community center, she will work temporarily in Community Development afternoons Monday- Friday from November 2012- February 2013. Item 3. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation: ff Name Division Job Title Daggett, David Civic Arena Referee Favorito, Shelby Civic Arena Building Attendant I Allen, Dave Parks & Rec Recreation Official O'Neil, Scott Parks & Rec Recreation Official Wallace, Keith Parks & Rec Recreation Official ti3 Agenda Information Memo December 4, 2012 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 16 and 23, 2012 as presented. ATTACHMENTS: Check registers dated November 16, 2012 are enclosed without page number. Check registers dated November 23, 2012 are enclosed without page number. ILA Agenda Information Memo December 4, 2012, Eagan City Council Meeting D. APPROVE RENEWALS OF EXISTING ALCOHOL LICENSES FOR 2013 ACTION TO BE CONSIDERED: To approve the renewals of existing alcohol licenses for 2013. FACTS: ➢ The breakdown of the alcohol license renewals for the year 2013 are anticipated to be as follows: o 17 Off -Sale Liquor o 31 On -Sale Liquor (2 hotels and 29 traditional restaurants) o 8 On -Sale Wine and Beer o 4 On -Sale Beer o 12 Off -Sale Beer o 1 Brewpub Off -Sale Malt Liquor o 1 Sports /Convention Facility ➢ The attached list includes those establishments that have submitted a complete renewal package. The remainder of the license renewals will be approved by the City Clerk, as authorized by the City Council, when a completed renewal package is submitted. ATTACHMENTS (1): Alcohol license renewals on pages I � to \� . V5 W a� 0 O V M 0 N -- w Cd O cd 00 �b�A bA cd H q UD ° o � rA o ° y � 0M o o o a �o� � Q o o ° '° U bOU g)4 0 '`� �O�° �Ug�4U�U �U QU u q �HzC'n u aaaa!UgUw Uav� y�Dd o� cnd vn\,DOkn�O QNknknknknd oW) OVnOV)M000ooV1 Q N 00 C1 kn kn M d- O \D — CG N �10 M to o It N 01 00 l� \O N 00 M d' 00 It 00 ^"o�NNN�d O\oo1, kno "M\�D 110 MVncn00�10 NNN01 00Md Na1� Q WD ® o Cd tn ,.a . 0 °o 0 � N a� •� ° bj) W �Uy +� cl 0.3 ¢+ oo d8 t8 Cd AtiG= 1�AP�UWcf) f4 P4 A0 Wv)UC7�04 C7U U r-i U W U O cq3 0 � � 7"i H cd O _ U a U U U O U N U � U — C7 0 U (D v) r r N U U g = atiCA u X Hw a�UU��p1¢�tiw WxwC/)UC7 z(3u a a b 0 42 N N U 0 0 a Cd U N a N M N FEW 6 O 0 ct m � O �U �o rn a� N N ai C AQ H z� aQ a > o > o .-4 ;.4 M -- N Q Q 0 Cd o� o o N 6P°U>,U•�p(1)UP� � °a cn E �xA ° o «3 O �QF°- �iHW�F° C) C) 0110rnvn0( �O y� H N a Cd Z On N Z M Vl d1 00 � � � � —1 M aM ^U" a­4 a o 0 U U U O «3 O U ' , o a w H N a Cd Z o o o p a w�zzzxli acs as v 00 o�m N �3 o � O O w M O M 4t 0 D U U Q U o a o z H o° C>,,' ®� U o �j U�V)ZUC/Z AC7 A� 0 U U U O «3 O U ' , o a H N a Cd Z o o o p a w�zzzxli acs as 1�1 Agenda Information Memo December 4, 2012, Eagan City Council Meeting E. DIRECT CITY CLERK TO ISSUE 2013 ALCOHOL LICENSE RENEWALS UPON LICENSEES' SUBMISISON OF RENEWAL DOCUMENTS AND FEES ACTION TO BE CONSIDERED: To direct the City Clerk to issue 2013 alcohol license renewals upon the licensees' submission of renewal documents and fees. FACTS: ➢ In an effort to streamline the year -end license renewal process and to ensure the issuance of as many license renewals as possible prior to the December 31, 2012 expiration date, the following renewal process was instituted in 2009.per the direction of the City Attorney's office. ➢ All completed alcohol license renewals have been placed on the Consent Agenda as one action item for the approval by the City Council at one Council meeting. All incomplete renewals items are identified in this agenda item. The City Council is being asked to direct the City Clerk to issue the incomplete license renewals upon the licensees' submission of all renewal documents and fees and successful review by the Police Department. ➢ All documentation and fees must be submitted to the City Clerk's office by 4:30 p.m. on Monday, December 31, 2012, at which time the City Cleric's authority to issue 2013 license renewals will cease. If a renewal application is incomplete in any way, the 2012 license will expire as of 12:01 a.m. January 1, 2013 and the establishment will be unable to sell alcohol until a new application is submitted, all fees are paid, and Council has approved the license. For some licenses, final approval by the State of Minnesota will also be necessary. ➢ The City Clerk's office has contacted every licensee whose renewal applications had not been received or was not complete by the November 16 deadline. An additional reminder will be sent following Council action on December 4 informing the licensees that all renewal information and fees must be submitted prior to 4:30 p.m. on Monday, Dec. 31; otherwise, the 2012 license will lapse. ➢ The attached list identifies those alcohol licensees that have either submitted an incomplete renewal package or have not submitted anything to date. ATTACHMENTS (1): List of incomplete alcohol license renewals on pages 0 to ao Rol rA C� a a v 0 O O V M r�l C N v 0 u c� c� -a 7gb ' Cd ° ° cd x x ° > �°. cd a ° o �° ° Q o �° p , o o cqj ° a� �" U o o rn 4-4 u U0 ms �UU,�a�ar -4 �aH��aaaQU �U>1 y00d-N O1O y00p1d O O0oO O y O N O Q\ O 00 U 01 � � 00 N M Q O kn N M \.o N N d' 00 � 00 k Q \10 \c � � �10 00 d' M ^�Oa1N —`D� ^"�NNd'O1 "o N�-- �NOMI' >� ^ "D N N N C, M d' aM— d d aN M MV1N MMN a�� - V a 'a" cn o n m P { O cd ct N o N+� O i p �- O N z" p (j bA O v w t-, O cd ca s-� N y N y N bA „,4 N U g.- V5 cd a Z� c�d-+ U >�34 u cn U x z 4 O a a o � a a � o U U PQ o ti +� 0 v v U bD + ° o ° En C� o WNU V) z cnzHti vq a� � o � P1 U U �o,orn a00 MN U cH o A�ax U a a U o O U �xU a N M Cd 0 o � � o 'ot 0 000 Cj 01 V1 a d N It Cd U AQzi U a a N � U adz MWAI Agenda Information Memo December 4, 2012 Eagan City Council Meeting F. WELLHEAD PROTECTION PLAN ACTION TO BE CONSIDERED: Receive the draft Wellhead Protection Plan Amendment prepared by Barr Engineering, Inc. and schedule a public hearing to be held on December 18, 2012. FACTS: • The City of Eagan's first Wellhead Protection Plan was completed in March, 2002, delineating wellhead protection areas (WHPAs) and Drinking Water Supply Management Areas (DWSMAs) in compliance with the Minnesota Wellhead Protection Rules (Minnesota Rules 4720.5100 through 4720.5590). • The City of Eagan currently has 21 municipal water supply wells divided into two areas: the North Well Field which includes 13 wells and the South Well Field which includes 8 wells. The wells draw water from the following aquifers: Mt. Simon Sandstone, Prairie du Chien Group and Jordan Sandstone. • An aquifer is an underground layer of water - bearing permeable rock or unconsolidated materials (gravel, sand, or silt) from which groundwater can be extracted using a well. Most of the city's wells are supplied with water from the Jordan Sandstone aquifer. • The City has constructed two new municipal wells, Well 20 and Well 21, since the Wellhead Protection Plan was prepared. Since the last delineation of the City's WHPAs and DWSMAs, the Minnesota Department of Health (MDH) has also instituted new requirements for inclusion of fracture -flow analysis in the delineations. • As required by Minnesota Rule 4720.5570, new WHPAs and DWSMAs have been delineated for the City of Eagan. This report summarizes work completed to update the delineation of the Eagan WHPAs and DWSMAs to incorporate the new municipal wells and fulfill the current requirements of the Minnesota Wellhead Protection Rules. • A draft amendment of the Wellhead Protection Plan has been completed in compliance with the Minnesota Wellhead Protection Rules and is being presented to the City Council for their information and consideration of scheduling a public hearing to formally present and discuss the details of this amended plan. • An informational open house meeting will be held on December 11, 2012, with all interested parties prior to the Public Hearing to review and discuss the proposed amendment and updated delineations. ATTACHMENTS: • Draft Wellhead Protection Plan Amendment, attached without page numbers. C� \ Agenda Information Memo December 4, 2012 Eagan City Council Meeting G. WATER QUALITY COST -SHARE PARTNERSHIP PROGRAM ACTION TO BE CONSIDERED: Approve implementation of a Water Quality Cost -Share Partnership Program through the direction of City staff in accordance with City Council priorities designated in approved Capital Improvement Programs, Lake Management Plans, and Development Agreements. FACTS: • The City of Eagan adopted the first Water Quality Management Plan in 1990. The plan received the Met Council's Policy Implementation Award in 1991, and the U.S. Environmental Protection Agency recognized Eagan's program as tops in the nation in 1996. • On July 17, 2007, the City Council approved an updated Water Quality and Wetland Management Plan (WQWMP) to address significant national and statewide changes regarding surface water management since 1990. Goals of the updated plan included management of lakes using scientifically based, common sense approaches and control of watershed loadings. • On September 18, 2007, the City Council accepted the Nondegradation Review (Review) of Eagan's Municipal Separate Storm Sewer System (MS4) and adopted a Record of Decision for its submittal to the Minnesota Pollution Control Agency (MPCA). The Review specifically addressed changes in stormwater discharges according to stormwater volume and according to its content of Total Phosphorus (TP) and Total Suspended Solids (TSS). • Consistent with the aforementioned Council actions, the Water Quality program has been incorporated into the Public Works Department's 5 -year Capital Improvement Program (CIP). While these public improvements help address goals and recommendations of the approved plans and help meet Eagan's 5 -year MS4 Permit obligations, mandatory MPCA nondegradation requirements are far from being reached. • In recent years, due to State- determined impairments of some lakes (Fish and Schwartz) and successful applications for State grant awards for other lakes (Blackhawk and Thomas), a number of lake management plans have been prepared. With additional State grant support, the Council has also authorized efforts that are currently underway to develop 12 more plans for priority lakes. • Lake management plans suggest stormwater Best Management Practices (BMPs) that can best address water quality needs while identifying locations that provide the most cost effective benefits. • For over 20 years, staff has been fostering citywide support for surface water management goals through active education and outreach programs. Efforts since the approval of the WQWMP have led to construction of 50 rain gardens within the public right -of -way (boulevards). Such visible efforts, as well as cooperative programs (i.e. Blue Thumb workshops), have encouraged residential and non- residential property owners to consider implementing stormwater BMPs on private properties. • The BMP details of the lake management plans and staff's public education and outreach throughout the community have provided interest in developing partnerships between the City and private property owners for publicly beneficial surface water management improvements. • On May 8, 2012, staff presented a draft cost -share partnership program for the City Council's consideration for potential City cost participation towards surface water management improvements on private property. Per City Council direction, the Finance Committee further considered the program on November 16, 2012 and recommended approval of the program. • The purposes of the Water Quality Cost -Share Partnership Program would be to: 1) Improve water uali in downstream public waterbodies; 2) Reduce stormwater runoff into the storm sewer system and public waterbodies; 3) Preserve, protect and enhance native plant communities around public waterbodies; and 4) Educate and engage the public on the value of improving public water resources, and to develop empowerment and partnership opportunities. • The program would be funded from the Stormwater Utility Fund and would be administered by Water Quality staff according to Council - approved agreements, plans and programs. • Up to $50,000 annually for the program is in the 2013 -2017 Public Works Department's CIP. ME Agenda Memo December 4, 2012 City Council Meeting I. APPROVE an agreement with empowris, LLC to allow the Eagan Community Center (ECC) to participate as a provider to several companies represented by empowris. ACTION TO BE CONSIDERED. To approve an agreement between the City of Eagan and empowris, LLC to allow the Eagan Community Center (ECC) to participate as a provider of a weight management program to several companies represented by empowris, LLC and direct the Mayor and City Clerk to sign all appropriate documents. FACTS: • Empowris is a subsidiary of HSM Companies, a health care cost management company and is a qualified, accountable marketplace for weight management programs designed to reduce health care costs and produce healthier outcomes. • Empowris is developing a network of qualified weight management programs that meet the evidence -based approach criteria set forth by their advisory board. • Employees of participating employer groups and /or members of participating health plans will have access to an on -line marketplace to select a qualified weight -loss program that interests them and will be partially subsidized by their employer or health plan. • To qualify and be included in the network the ECC would need to be able to: • Offer nutritional coaching. • Offer physical activity encouragement /exercise program. • Offer social supportibehavior management. • Establish and monitor goals. • Monitor attendance. • Provide client with a tracking log. • All program practitioners must be certified by an approved agency. Advantages of participating in the empowris network: • Participation is free to the ECC. • Clients are directed to the ECC program through employer- subsidized plans. • Empowris offers on -line client tracking. • Empowris provides client outcome reporting. • Advertising is free to the ECC. The ECC will establish its own program base package fee that must be set up as a month - to -month fee. The ECC would collect the difference between the package fee and the employer subsidized amount from the participant and the subsidized amount would be sent directly to the ECC at the beginning of the following month. This system is consistent with how the ECC currently works with several health companies on behalf of members. ATTACHMENTS: _ • Weight management provider agreement on pages W V empowris gereli9ied e aueatable, marketplare. WEIGHT MANAGEMENT PROVIDER AGREEMENT This WEIGHT MANAGEMENT PROVIDER AGREEMENT (Agreement) is between empowris, LLC. (dba empowris) and the person or entity whose name is listed under the heading "Weight Management Provider" on the signature page (Provider). It becomes effective on the date set forth on the signature page (the "Effective Date "). WHEREAS, empowris is a legal corporation duly organized and existing under the laws of the State of Minnesota and has agreements with various organizations to arrange for the delivery of services to people to help them lose weight and establish healthy eating and physical activity habits ("Weight Management Services "); and WHEREAS, empowris contracts with employers, third -party administrators, and health plans to provide them with access to a coordinated network of Participating Weight Management Providers contracted with empowris; and WHEREAS, Weight Management Provider is an individual or organization in the business of delivering Weight Management Services; and WHEREAS, empowris wishes to engage Provider to render such Weight Management Services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the parties agree to the following terms and conditions for the provision of and payment for Weight Management Services: SECTION 1 Definitions 1.1 Base Package Services. The minimum package of Weight Management Services that a Program must offer to qualify as a Participating Provider with empowris. Base Package Services are as described in the Participating Program Manual. 1.2 Business Day. Monday through Friday, excluding federal holidays. Any reference to "days" means calendar days, unless Business Days are specified. 1.3 Eligible Participant. An individual member of an employer or health plan who is invited to become a Program Participant. 1.4 Participating Program Manual. The document empowris prepares to assist in the administration of this Agreement and which is an extension of this Agreement. The Manual is a guide for use of the empowris interactive website. dq 1.5 Participating Weight Management Services Provider. A Weight Management Services Program or Provider that has an agreement in force with empowris to provide Weight Management Services. A Program or Provider can be an individual or a group of individuals in the business of delivering Weight Management Services. 1.6 Paver. An entity that is authorized by the Plan Sponsor and responsible for the provision of certain administrative functions between said Plan Sponsor and empowris. 1.7 Plan. The plan or Program that is sponsored or issued by a Plan Sponsor and that establishes the terms and conditions for partial payment by Plan Sponsor of Weight Management Services. 1.8 Plan Sponsor. An employer, health plan or government entity that is granted access by empowris to its network of Participating Programs and that is financially responsible for a portion of the payment of Weight Management Services offered under the Plan. 1.9 Plan Sponsor Contribution. The portion of the Provider Base Package Price that is paid by employer, health plan, or government entity for Weight Management Services rendered to Program Participants in Plan Sponsor's Plan(s). 1.10 Program Participant. A Participant in a Plan. 1.11 Program Participant Expenses. The amount a Program Participant is required to pay for Weight Management Services under his or her Plan. 1.12 Program Base Package Price. The price at which credentialed Programs offer Base Package Services in the empowris network. 1.13 Weight Management Services Program. Any individual or group of individuals in the business of delivering Weight Management Services. Individuals under a Weight Management Services Program may be required to be licensed or otherwise authorized, qualified, registered or certified, depending upon the type of services provided and the individual state jurisdiction in which it operates. 1.14 Weight Management Services. Services that help individuals lose weight and establish healthy eating and physical activity habits, SECTION 2 Certain Obligations of Empowris 2.1 Paver Agreements. empowris will maintain and administer agreements with Payers for the appropriate delivery of various types of Weight Management Services under Payer - sponsored Plans. 2.2 Marketing. empowris will promote Plans that encourage Program Participants to utilize Participating Programs; to the extent it is lawful to do so. Such direction may occur through, but is not limited to, greater Plan benefits or directory listings. In exchange for a5 access to' the Weight Management Provider rates available through this Agreement, empowris will make all efforts to assure that Provider is designated and identified as a Participating Provider in empowris and /or Payer's printed, electronic, or telephonic materials. Empowris also will make available to each Payer a current list of all Participating Programs. 2.3 Identification and Eligibility. empowris will provide Program with sufficient information in which to initiate scheduling of the eligible Participants' initial visit. Such information will be transmitted electronically to the Program. 2.4 Licenses, Registrations and Certifications. empowris will comply with all state and federal laws and regulations governing its performance under this Agreement, including, but not limited to, obtaining and maintaining in effect all applicable licenses, registrations and certifications necessary for that purpose. 2.5 empowris Insurance. At no expense to Program, empowris will maintain, through a policy of insurance or a self - funded arrangement, coverage for comprehensive general liability at levels at which empowris reasonably determines are adequate to provide coverage for empowris and its respective directors, officers, agents, employees and representatives against any event or loss that may impair the ability of empowris to fulfill its obligations as outlined in this Agreement. SECTION 3 Certain Obligations of Weight Management Providers 3.1 Weight Management Provider. If Provider is a partnership or professional corporation, Provider represents and warrants that it has the authority to enter into this Agreement on behalf of itself and all of its partners, shareholders or employees who are individual Weight Management Providers and that it has procedures in place that require such individual Weight Management Providers to perform their duties according to this Agreement. Upon request, Provider will give empowris a description of such procedures. 3.2 Provider Criteria and Licenses. Weight Management Provider and, to the extent applicable, any of its partners, shareholders or employees who are individual Weight Management Providers, will at all times meet the empowris criteria for accepting Participating Providers that are set forth in the Participating Program Manual and will possess and maintain in good standing all licenses, registrations and certifications required by law to render the Weight Management Services in the state in which such services are rendered. Upon request, Provider will furnish empowris with copies of each license, certification and registration held by it and each of its partners, shareholders and employees who is an individual Weight Management Provider. 3.3 Access to Services and Non - Discrimination. Provider will not discriminate in the provision of Weight Management Services to Program Participants on the basis of race, religion, gender, sexual orientation, color, national origin, age, public assistance status or on any other basis prohibited by state or federal law. Provider will render Weight Management Services to all Program Participants in the same manner, in accordance with 3 %I the same standards and with the same availability as offered to Provider's other clients. Provider will accept all Program Participants for Weight Management Services in accordance with all terms and conditions of this Agreement. Provider will give empowris written notice within 1 business day of any limitation imposed by law or by any licensing authority on Provider's ability to deliver Weight Management Services, and will provide empowris written notice of the removal of any such limitation. 3.4 Provision of Weight Management Services. In rendering Weight Management Services, Provider will do the following: a. Provide such services only at the locations identified on the Approved Provider Locations Exhibit to this Agreement, all of which must be accessible to disabled Program Participants. b. Directly render all Weight Management Services and will not delegate the delivery of such Services to other Providers who are not Participating Providers. C. Remain solely responsible for the quality of Weight Management Services in which Provider renders to Program Participants. d. Provide services in a manner that affords availability, adequacy and continuity of services to Program Participants and is in accordance with generally accepted and professionally recognized standards. 3.5 Administrative Compliance. Before providing Weight Loss Services, Weight Management Program will make reasonable efforts to verify an individual's status as a Program Participant. Such efforts should include checking the individual's on -line enrollment and, if necessary, contacting empowris or its designee. Provider will review, cooperate and comply with the Participating Program Manual as defined in this Agreement. The Participating Program Manual and participation guidelines may be modified by empowris, from time to time, provided that such modifications are lawful. empowris will give Provider written notice of substantive changes, including changes required by state or federal law or by accrediting bodies. Changes will be effective on the date specified by empowris. empowris will disclose to Provider any amendment or change that alters the financial reimbursement or alters the written contractual policies and procedures contained in the Participating Program Manual and governing the parties' relationship before the amendment or change becomes effective. 3.6 Provider Insurance. At no expense to empowris, Provider will maintain comprehensive general liability insurance and /or, if applicable, professional liability insurance, at minimum levels acceptable to empowris as they may be set forth in the Participating Program Manual from time to time. If Provider's professional liability insurance is claims made, it will include an extended period reporting option under terms and conditions that are reasonably acceptable to empowris. Upon the request of empowris, Provider will authorize its insurance carrier(s) to issue to empowris certificates of such insurance policies. 3.7 Provider Notices. Within the time period specified, Provider will notify empowris of the occurrence of any event listed below. a. Notice within one (1) Business Day of any of the following occurrences: 4 a`l (i) Termination, probation, suspension or any other action taken by a regulatory authority in connection with Provider's license, registration or certification held or participation in a government Program; (ii) Reduction in or cancellation of Provider's general and /or professional liability insurance; (iii) Suspension or revocation of Provider's participation in any benefit plan or Program; (iv) Indictment, arrest or conviction of Provider for any criminal charge that relates to the delivery of Weight Management Services or for any felony regardless of whether it relates to the delivery of Weight Management Services. b. Notice within five (5) Business Days of the following occurrences: (i) Receipt of notification of the initiation of any adverse legal action against Provider for negligence relating to the delivery of Weight Management Services. (ii) Receipt of the final disposition of such legal action; (iii) Order, judgment or decree or other action that may materially impair Provider's ability to carry out its responsibilities under this Agreement, including disposition of substantially all or all of Provider's assets; (iv) Change in Provider's name, ownership or Tax I.D. number; (v) Change, addition or deletion in the physical locations where Provider renders Weight Management Services. (Upon approval of an additional location, empowris and Provider will amend the Approved Provider Location Exhibit to reflect the change.); (vi) Addition or deletion of individual Weight Management Providers available to deliver Weight Management Services to Program Participants pursuant to this Agreement; and (vii) Complaints and grievances that Provider receives from Program Participants, including any information the Provider has that the Program Sponsor may need to respond to the complaint or grievance. 3.8 Participate in State Programs. Provider will participate in any state or federally sponsored payment Programs applicable to Weight Management Services to the extent necessary for Payer(s) to satisfy their obligations relating to such Programs. SECTION 4 Billing and Payment 4.1 Billing for Weight Management Services. Provider will cooperate and comply with the billing procedures and Program Participant reporting practices, if applicable, established by empowris. Provider will submit required information for each Program Participant electronically twice a month, or more frequently as required by empowris in a manner acceptable to empowris. empowris must receive such reportable information within I'm thirty (30) days from the date the Program Services are provided. Failure to comply with this provision may result in denial of payment by empowris. 4.2 Payment of Weight Management Services for Program Participants a. Payment Process. For payment due under the agreed Program Base Package Price, empowris will electronically transfer the Plan Sponsor Contribution of the Program Base Package Price to Program on a monthly basis, or more frequently as so determined by empowris. Payment of Program Participant Expenses will be arranged between Provider and Program Participant. Empowris funds transfer will include a remittance advice which will identify each Program Participant of Provider, and the dollar amount transferred via electronic funds transfer (EFT) to the Provider's designated financial institution. empowris will use best efforts to make payment within thirty (30) days, but in no event is empowris responsible for making payment to Provider on behalf of Plan Sponsor or Program Participant; unless and until it receives cash payment from such Plan Sponsor. b. Billing and Payment of Additional Services. For the provision of services to Program Participant that do not qualify as part of the Base Package Services, Provider may bill Program Participant only if, before rendering such services, the Program Participant is informed of the cost and agrees in writing to pay for such services. c. Billing Program Participants. Program may collect the participant's portion of the monthly base package fee at the beginning of each month. In no event will Provider bill or require any Program Participant to tender any payment with respect to Base Package Services other than Program Participant Expenses. Provider will not bill the Program Participant for the difference between the Provider Base Package Price and the Provider's usual and customary retail price. Participants may be billed for services that do not qualify as part of the base package services, as long as the participant was informed of the cost and agreed in writing to pay for these services. d. Financial Responsibility and Discontinuation of Services. If a Payer fails to pay for Weight Management Services rendered to its Program Participants, as described above, or if any Program Participant continually fails to pay Provider applicable Program Participant Expenses or is uncooperative or abusive toward Provider, then Provider may discontinue providing services to the Program Participant after prior written notice to empowris. SECTION 5 Information Retention and Release 5.1 On -Site Review. Subject to any applicable legal restrictions and upon at least ten (10) days prior written notice, Provider will permit and arrange for empowris, or its contracted agent, to conduct a review of Provider's compliance with the terms of this Agreement in an on -site area of Provider's principal location or office. All on -site reviews will be conducted during normal business hours. On -site reviews may be performed in the event of a participant complaint. 5.2 Handling Business and Proprietary Information. All information that empowris gives Provider will remain proprietary to empowris, including but not limited to the Program Participation Manual and other operations materials. Provider will not disclose any such information or use it except as may be required to carry out the obligations under this Agreement or to legal and financial consultants retained by and advising Provider with respect to this Agreement. All proprietary information that Provider gives to empowris and has marked as proprietary will remain proprietary to Provider. empowris will not disclose any of such proprietary information or use it except as may be required to carry out its obligations under the Agreement, Provider authorizes empowris to publish to customers, potential customers and Payers information that may be useful to them in making Provider purchasing decisions, including without limitation, fees for services, comparative quality indicators, satisfaction survey results and demographic data and to use such information to distinguish Provider from other Participating Providers, either individually or by group. 5.3 Provider Participant Communications. Nothing in this Agreement is intended to prohibit Provider from discussing Provider's pricing for available services with a Program Participant. In addition, nothing herein is intended to prohibit Provider from advocating on behalf of Program Participant or to interfere with the Provider - participant relationship. empowris will not control or be responsible for Weight Management Services rendered by Provider. empowris encourages Provider to discuss with Program Participants their options for Weight Management Services related to each Program Participant's weight management goals, including risks and benefits. The parties acknowledge that all judgments and decisions relative to assisting a Program Participant with attaining his or her weight management goals remain within the province of Provider, and Provider remains solely responsible for all such judgments and related decisions. 5.4 Trademarks, Advertising and Publicity. empowris and Provider each reserve the right to and the control of their respective names, symbols, trademarks or service marks presently existing or later established. Except as set forth below, empowris and /or Provider will not use the other's name, symbols, trademarks or service marks in advertising or promotional materials or otherwise without their prior written consent and will cease any such usage immediately upon written notice or upon termination of this Agreement, whichever is sooner. empowris may use the name of Provider as empowris may deem reasonably necessary in carrying out the terms of this Agreement, including but not limited to, the distribution of an announcement by empowris that Provider participates in a network administered by empowris. Provider also has the right to refer to itself as a Participating Provider of empowris and to generally describe its services, pricing and location(s). SECTION 6 Miscellaneous Provisions 6.1 Indemnification. Each party to this Agreement (the "Responsible Party ") will hold the other party harmless from any costs incurred as a result of the negligence or intentional wrongdoing of the Responsible Party. The Responsible Party will assume control of any SO investigation, defense or settlement of any claim made or suit brought against the other party, who will have the right at its own expense to associate with the Responsible Party in the investigation, defense or control of such claim or suit, and the Responsible Party will make no settlement without the other party's consent, which consent will not be unreasonably withheld. 6.2 Dispute Resolution. If any problems or disputes arise under this Agreement, the parties will meet and seek resolution in good faith, provided that, before initiating arbitration, Provider must fully exhaust any remedies and procedures available to it under empowris' policies. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, which is not so resolved, will be settled by binding arbitration. In no event may arbitration be initiated more than one year after the sending of written notice of the dispute to the other party. Any arbitration proceeding under this Agreement will be conducted in Hennepin or Ramsey County, Minnesota, in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator will have no authority to award any extra - contractual, punitive or exemplary damages or to vary or ignore the terms of this Agreement and will be bound by controlling law. Nothing in this Section will limit a party from bringing an action in any court of competent jurisdiction for injunctive or other equitable relief as a party deems necessary or appropriate to stop the conduct or threatened conduct of the other party. In addition, if a party to this Agreement is named as a defendant in a third party lawsuit, claims for contribution or indemnification against the other party hereto may be brought in the third party litigation. Any professional liability claims filed by Program Participants are outside the scope of this Agreement and therefore not subject to this provision. 6.3 Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the subject matter covered herein and supersedes and replaces any existing agreements between the parties, if any, with regard to the provision of and payment for Weight Management Services. Neither of the parties has made any representations or warranties other than those set forth in this Agreement. This Agreement may not be modified or amended except by mutual consent in writing signed by the duly authorized representatives of empowris and Provider, except that if any applicable regulatory authority requires an amendment, empowris may amend this Agreement to incorporate the requirements by sending a copy of the amendment to Provider. 6.4 Governing Law. This Agreement will be construed and governed in accordance with the laws of the State of Minnesota and any provision inconsistent therewith will be of no effect and will be severable without affecting the validity or enforceability of the remaining provisions in the Agreement. 6.5 Waiver. The waiver of breach of any provision of this Agreement will not be deemed a waiver of any other breach of the same or a different provision. 6.6 Assignment and Subcontracting. This Agreement is one for personal services to be rendered by Provider. Provider will not assign, transfer or permit the assumption of this Agreement without the prior written consent of empowris. D 6.7 Third Party Beneficiaries. Nothing in this Agreement will be construed to make empowris or Provider and their respective directors, officers, employees, agents and representatives liable to persons or entities not parties hereto in situations in which they would not otherwise be subject to liability. Nothing herein will be construed as, or be deemed to create, any rights or remedies in any party other than empowris or Provider, except for Program Participants or as such rights are expressly set forth in this Agreement. 6.8 No Agency. Provider and empowris are independent. In the performance of the obligations of this Agreement, each party is at all times acting and performing as an independent contractor with respect to the other party, and no party shall have or exercise any control or direction over the method by which the other party shall perform such work or render or perform such services. It is further and specifically agreed that no work, act, commission or omission of any party, as agents, servants or employees pursuant to the terms and conditions of this Agreement, shall be construed to make or render any party, as agents, representative, or an employee of, or joint venture with the other party. 6.9 Drafter of Agreement. This agreement is a negotiated instrument and neither party shall be considered the drafter of the Agreement. To the extent any term or terms are found to be ambiguous, neither party will be found to have drafted this document and have the terms or terms interpreted against it. 6.10 Notices. Any notice required or permitted to be given pursuant to the terms and provisions of this Agreement will be in writing, postage prepaid, or delivered by hand, facsimile or by electronic mail to empowris or Provider, at the address listed below. Notwithstanding the previous sentence, any notice of breach or termination of this Agreement must be sent by certified mail. Any other notices will be effective on the date the notice is received. Notices that are mailed and properly addressed with adequate postage prepaid are presumed to be received three Business Days after they are deposited in the U.S. mail. Notices that are sent by facsimile or by electronic mail and properly addressed are presumed to be received one Business Day after they are sent, unless the sender knows or has reason to know that the transmission was unsuccessful (e.g., receives an error report or electronic message that delivery failed). Hand - delivered notices are considered to be received, when delivery is accepted. 6.11 Term and Termination. The term of this Agreement shall commence on date as agreed to by the parties to this Agreement and noted on the signature page, and shall continue thereafter unless terminated upon the occurrence of any of the following events: (a) by either party upon the failure of the other party to perform, keep or fulfill any material covenants, undertakings, obligations or conditions set forth in this Agreement and the failure of such other party to cure such default within sixty (60) days after notice thereof from the non - defaulting party; (b) at the option of either party, upon written notice to the other party, if the other party is dissolved, otherwise discontinues its operations or becomes the subject of bankruptcy or insolvency proceedings; M (c) by either party without cause upon at least one hundred eighty (180) days prior written notice to the other party, or such other period mutually established by the parties to this Agreement; (d) upon written notice from empowris if Provider makes or has made any untrue statements of material fact or any intentional misrepresentation or concealment of any fact, whether or not material, in connection with the administration of this Agreement; (e) automatically upon: (i) the cancellation of Provider's general and professional liability insurance maintained in accordance with Section 3.6; (ii) revocation or suspension of any license of Provider to provide Weight Management Services. 6.12 Effect of Termination. Upon termination of this Agreement, the rights of each party hereunder shall terminate, provided, however, that such termination shall not relieve empowris or Provider of their respective obligations imposed with respect to services rendered prior to such termination. The following addresses may be changed by the provision of notice pursuant to such as established in Section 6.10: To empowris: ATTN: David C. Olsen President & CEO empowris, LLC 7805 Hudson Road Suite 190 St. Paul, MN 55125 FAX: 651.501.9644 E -MAIL: dolsen(a�empowris.com To Provider: ATTN: WRIM E -MAIL: 10 Incorporation of Exhibits. The following Exhibits are incorporated into this Agreement: • Approved Program Locations To the extent any terms of the Exhibits are inconsistent with any terms of the main body of the Provider Agreement, the terms of the Exhibits will control. WEIGHT MANAGEMENT PROVIDER (Legal Name of Individual or Entity per W -9) Tax I.D. Number (Signature and date signed) (Printed name and title) EMPOWRIS, LLC (empowris Authorized signature and date signed) David C. Olsen, President & CEO (Printed name and title of empowris representative) Effective Date of Agreement: 11 3� APPROVED PROGRAM LOCATIONS EXHIBIT 12 Agenda Information Memo December 4, 2012 Eagan City Council Meeting J. AUTHORIZE SUBMITTAL OF FY 2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING APPLICATION AND AUTHORIZE AND AN AMENDMENT TO REALLOCATE UNUSED 2008 FUNDS. ACTION TO BE CONSIDERED: To authorize submittal of the City's FY 2013 Community Development Block Grant (CDBG) Application and adopt a Resolution approving the funding application request. FACTS: ➢ The US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet Community Development Block Grant (CDBG) Program regulations. ➢ The City of Eagan's CDBG allocation is administered through a subrecipient agreement with the Dakota County CDA. The coordination of the program by the CDA permits various cities within the County to focus on a range of specific eligible activities unique to their situations and the CDA is able to balance the activities countywide to ensure that the overall County allocation meets all HUD eligibility requirements. ➢ The CDBG fiscal year begins July 1. The application deadline for local govermnents has been set at December 31, 2012. ➢ HUD has not provided FYI appropriations at this time so the CDA is requesting cities anticipate a 10% reduction in funding from FYI 2. Eagan's total allocation estimate is $159,615. PROPOSED PROGRAM FUNDING: Housing Rehabilitation: ➢ The CDA administers a County -wide housing rehabilitation program to assist income qualified households in making eligible housing upgrades. Funding for this program comes from two sources — a base amount allocated by the CDA and additional funds designated from CDBG allocations of the individual cities. ➢ The CDA continues to see interest in Eagan rehab loans over the last several years but the limits on loan processing were diminished at the CDA due to loss of staff. As a result, there is currently a waiting list for rehab loans in Eagan. ➢ City Staff suggests continuing to fund this program for FY 2013 but use this activity to reduce the total programming amount for the year and meet a more realistic spend down timetable due to the processing of fewer loans. Suggested FY 2012 allocation is $40,000. W Agenda Infoiniation Memo December 4, 2012 Eagan City Council Meeting Page 2 of 2 Public Service Programs: ➢ The Eagan Parks Department is proposing a similar budget of $35,000 to fund three successful Public Service programs which were funded with CDBG dollars since 2009. These programs include: an after school and summer program for 6 -9 graders, a K -12 summer and winter break art program at Dakota Woodlands homeless shelter, and a senior outreach health and wellness program. Weatherization Plus Program: ➢ The CDA has administered a Weatherization Grant Program since 1977 designed to give qualified homeowners or renters weatherization assistance for those earning up to 50% of median income. A typical weatherization costs $7500 per home and provide assistance with home energy and weatherization projects such as diagnostics, insulation, air sealing, furnace replacement, exhaust venting, etc. ➢ The Weatherization Plus loan program is now being offered to households in Eagan and Rosemount with an annual income of 50% - 80% AML Funding for this program in Eagan was established with CDBG fiends from FYI in the amount of $81,462, with a proposed FYI budget of $84,615. The CDA has finalized program details this year and will continue to administer and promote this program on the city's behalf. ➢ A proposed budget for all requested programs is attached along with previous year funding allocations. ATTACHMENTS: • 2013 proposed application budget on page 3 • Resolution approving FY2013 application on page 190, 39 -a Cl) T ai .4+ O O CL SI O 'O a. m o N T N 0I M� W O T LO d 00 .a Efl 3 m O T i� 'O 7 m _ m W O A C O Q m 0) Y L E O J 00 N 00 c 0 00 O LO o d O O cc O d N co O It 00 r N U*) Ef} H-3 00. 61) r c N 00 c 0 O O LO 00 d O O co O N C1 h O 00 N I- 64 60 6r> 61 r O O O O CO0 O O M ti L N O O O O N O O N 00 N M M �- r- Efl 64 N Efl Efl c O N EL O d � N .N 2 to N V (D C � a) E Q `L O 0 O as a� O Q IL o ` O a U U) 0 Ov/ M LO r A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF EAGAN, MN FOR FISCAL YEAR 2013 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING WHEREAS, the City of Eagan is a participating jurisdiction with the Dakota County CDBG Entitlement Program for Fiscal Year 2013 (ending June 30, 2014); and WHEREAS, the Dakota County Community Development Agency (CDA) is a Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA has requested fiscal year 2013 CDBG applications to be submitted by December 31, 2012, based on an allocation of funds approved in the Community Development Implementation Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby approves the following: 1. The Fiscal Year 2013 CDBG application is approved for submission to the Dakota County CDA. 2. The City Administrator for the City is authorized to execute the application and all agreements and documents related to receiving and using the awarded CDBG funds. 3. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf o the City, subject to future Subrecipient Agreements that may be required for specific CDBG- funded activities. This resolution was adopted by vote of the on 4t" day of December, 2012. Mike Maguire, Mayor Attested this day of Christina M. Scipioni, City Clerk Agenda Information Memo December 4, 2012 Eagan City Council Meeting K. AUTHORIZE SUBMITTAL OF CDA REDEVELOPMENT INCENTIVE GRANT APPLICATION FOR THE CEDAR GROVE PROJECT ACTION TO BE CONSIDERED: To adopt a resolution authorizing the submittal of a CDA Redevelopment Incentive Grant (RIG) program application for assistance with a parking structure in the Cedar Grove Redevelopment Area. FACTS: The Dakota County Community Development Agency has allocated another $1 million for its 2013 Redevelopment Incentive Grant (RIG) Program round, which was created to assist cities and development entities in the County in meeting their redevelopment goals and to further the goals of the CDA. ➢ The maximum grant award is $250,000 per community, but may be less depending upon the number of qualified applications that are received for the program. Grant applications are accepted through January 16th for award and distribution in 2013. ➢ The CDA has worked with the City in a number of respects relative to the Cedar Grove Redevelopment District and approved $925,000 in RIG fiinding since 2009 to assist with demolition work trail connections for the project area. Grant Request ➢ The intent of this grant application is to assist with costs related to a planned public parking structure to be built and owned by the EDA in association with the Paragon Outlet Center project and additional development along Cedar Grove Parkway. ➢ The CDA requires a 2 to 1 leverage of funds for any awarded amount. Funding commitment for the parking structure will be fulfilled through an approved purchase agreement with Paragon Outlet Center whereby the EDA agrees to provide a substantial portion of the necessary parking for the project. Parking structure costs are estimated to be $19 million. ➢ Applications must be approved by the respective city council by resolution that includes required provisions including support for CDA's affordable housing mission. ➢ City Staff is currently drafting the application for its January 16'1'2012 deadline. Details of the application will be available upon request. ATTACHMENTS: • Resolution on page 4— 140 RESOLUTION AUTHORIZING SUBMITTAL OF 2013 CDA RIG APLICATION CITY OF EAGAN WHEREAS, the City of Eagan has identified a proposed proj ect(s) within the City of Eagan that meets the Dakota County Community Development Agency (CDA) Redevelopment Incentive Grant program's purposes and criteria; and WHEREAS, the City has established a Redevelopment Plan of which the proposed project is a component; and WHEREAS, the City of Eagan has the capability and capacity to ensure the proposed project be completed and administered within the Redevelopment Incentive Grant program guidelines; and WHEREAS, the City of Eagan has the legal authority to apply for financial assistance; and WHEREAS, the City of Eagan is supportive of affordable housing and of the CDA's mission, to improve the lives of Dakota County residents through affordable housing and community development. NOW THEREFORE BE IT RESOLVED that the City of Eagan approves the application for funding from the Dakota County CDA Redevelopment Incentive Grant program. BE IT FURTHER RESOLVED that upon approval of its application by the Dakota County CDA, Mike Maguire (Mayor) and Tom Hedges (City Administrator) are hereby authorized to execute such agreements as are necessary to receive and use the funding for the proposed project. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, Mayor and Tom Hedges, City Administrator, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this 4t" day of December, 2012. Mike Maguire, Mayor Tom Hedges, City Administrator vA1 Agenda Information Memo December 4, 2012 Eagan City Council Meeting Consent Agenda L. AUTHORIZE PREPARATION OF SMALL AREA LAND USE STUDY FOR LOCKHEED MARTIN PROPERTY IN CENTRAL COMMONS SPECIAL AREA ACTION TO BE CONSIDERED: To authorize the negotiation of a professional services agreement with Hoisington Koegler Group for the preparation of Small Area Land Use Study for the Lockheed Martin Property in the Central Commons Special Area. FACTS: In October, 2011, the City Council gave preliminary consideration to a proposed Comprehensive Guide Plan Amendment submitted by CSM Corporation for the Lockheed Martin property at the intersection of Pilot Knob Road and Yankee Doodle Road in the Comprehensive Plan's Central Commons Special Area. ➢ As with other requests for Comprehensive Plan amendments, the Council directed the application to the Metropolitan Council for its consideration. Upon receipt of the Metropolitan Council's action on the proposal, the property owner was permitted to submit a development application for the property. Once a development application is processed and receives a public hearing before the Advisory Planning Commission, the Council can consider the Comprehensive Plan Amendment in the context of the development plan. ➢ CSM submitted a development application fora rezoning to Planned Development and Preliminary Subdivision for a retail redevelopment of the site, which were considered by the Planning Commission in April, 2012. Subsequent to the APC action and prior to the City Council consideration of the applications, CSM asked that Council action on the applications be postponed indefinitely. Since that time, CSM indicated that it was reconsidering the layout and features of the proposed project and that it did not intend to proceed with the proposal that had been considered by the Planning Commission. Since a new proposal would need to go back through the public hearing process, in October, 2012, CSM withdrew the applications while it continued to review issues related to a prospective project at the site. ➢ In consideration of these facts, members of the City Council asked the City Administrator whether there would be a means for the Council to consider expectations for the property as a part of the Central Commons Special Area outside the context of a development application. Staff discussed alternatives and would propose that the City engage Hoisington Koegler Group, the consultant who assisted the City with the preparation of the Comprehensive Guide Plan Update that was adopted in 2010, to perform a small area planning study to consider alternatives to apply the goals and policies for the special area to the Lockheed Martin property. LA d, ➢ The intended product of the study would be the development of two or more generalized planning approaches to the property ranging from further development within the current guide and zoning to mixed use to a more substantial change and how they might reflect the Central Commons Area's goals and policies, to form the basis of a Council discussion of desirable features of the development of the area and frame expectations for the developer. ATTACHMENTS: None m Agenda Information Memo December 4, 2012 Eagan City Council Meeting A. Proposed 2013 Budget and Property Tax Levy ACTION TO BE CONSIDERED: 1) To close the public hearing, approve the General Fund budget of $28,864,200 and approve a resolution adopting the final 2013 general levy of $28,322,017 •' 2) To close the public hearing and set the 2013 general levy and General Fund budget approval for consideration at the December 18 City Council meeting. FACTS: • The State -requires cities over 2,500 in population to hold a public hearing on their proposed budget and tax levy for next year. State law now allows the Council to approve the budget on the same night of the hearing if it so chooses. • Parcel specific Proposed Property Tax notices were mailed by the County to Eagan residents in mid- November. Staff has received one phone call of complaint, with the caller expressing displeasure that taxes are up despite another decrease in property value. • A budget open house was held on November 27. The open house was advertised in the local paper and on the City's website. Two residents attended. • The proposed General Fund budget stands at $28,864,200, a 2.9% increase over 2012. Since the time the General Fund expenditure budget was reviewed in August, three adjustments netting to a total budget increase of $10,200 have been made: • Migration from the old website content management system to the new system was advanced to the 2012 budget by way of adjustment, and removed from the 2013 budget — $25,000 decrease • An adjustment to the departmental retiree health insurance charge (OPEB) increases departmental expenditures by $14,700 and decreases the expenditure contingency line item by the same amount — $0 (no effect on total budget) • The Communications Specialist position under consideration in August has been added to the General Fund budget assuming a start date of July 1. Duties of the position range from branding and strategic marketing assistance for enterprise programs (including AccessEagan), social media communications, intranet maintenance and webmaster assistance. Like all Communications expenditures, the position is funded from retained cable franchise fees and does not require an additional tax levy — $35,200 increase in 2013 • The proposed property tax levy is $28,322,017, a 3.27% increase over 2012. L-H Again this year, staff recommends we do not levy taxes for the Cedarvale Special Services District (SSD) budget, which exists primarily to fund turf maintenance for the area. It is anticipated the SSD's fund balance will be sufficient to cover maintenance costs for 2013. As redevelopment progresses in the SSD, staff will evaluate the merits of reactivating the SSD levy for 2014. Finance Director Pepper will make a PowerPoint presentation covering the topics that are required to be presented at the hearing under Truth -in- Taxation. Both the PowerPoint presentation and the additional 2012 General Fund Budget and Property Tax Levy handout will be posted on the City's website. Note: Historically, a few residents attend this hearing hoping to challenge the County's assessed value on their property, not realizing this is the wrong place and time to do so. With property values dropping in recent years, it's less likely residents will appear for this purpose, but it may be prudent to clarify the purpose of the meeting with the audience before the presentation. ATTACHMENTS: Enclosed on pages 9 (o and L�-1 are summaries of the proposed 2013 General Fund revenues and expenditures. Enclosed on page _B is a copy of the resolution adopting the final 2013 levy.; Enclosed without page number are the PowerPoint slides and the 2013 General Fund Budget and Property Tax Levy handout. Copies of both will be available to the public at the hearing. ws- 11/30/2012 2013 BUDGET GENERALFUND COMPARATIVE SUMMARY OF REVENUES 2012 1 2013 1 4 (13 vs, 12) q(.p Budget Bu_ dget $ % General Property Taxes $ 21,515,000 $ 22,138,100 623,100 2.9% Licenses 274,700 282,500 7,800 2.8% Permits 936,200 1,018,400 82,200 8.8% Intergovernmental Rev 621,000 645,100 24,100 3.9% Charges for Services 1,323,800 1,305,300 (18,500) -1.4% Recreation Charges 669,600 692,800 23,200 3.5% Fines & Forfeits 245,200 248,200 3,000 1.2% Other Revenues 260,900 226,800 (34,100) -13.1% Program Revenues 1,728,000 1,812,400 84,400 4.9% Transfers 465,600 494,600 29,000 6.2% TOTAL GENERAL FUND $ 28,040,000 $ 28,864,200 $ 824,200 2.9% q(.p 2013 Comparative Summary of Expenditures General Fund Budget 20127 1 2013 F Difference PUBLIC WORKS 21 Public Works /Engineering 1,191,200 Budget Budget -0.1% % GENERAL GOVERNMENT 1,795,400 96,000 5.6% 24 Central Svices. Maint. 01 Mayor & Council $ 141,800 $ 140,000 $ (1,800) -1.3% 02 Administration 534,300 517,300 (17,000) -3.2% 03 Information Technologies 1,313,700 1,495,200 181,500 13.8% 04 City Clerk 315,100 244,300 (70,800) -22.5% 05 Finance 1,044,200 955,900 (88,300) -8.5% 06 Legal 390,000 390,000 - 0.0% 07 Comm Dev-- Planning /ED 970,900 989,900 19,000 2.0% 08 Comm Dev -- Inspections 878,300 962,400 84,100 9.6% 09 Communications 465,600 494,700 29,100 6.3% 10 Human Resources 263,200 285,300 22,100 8.4% Gen Govt Total 6,317,100 6,475,000 157,900 2.5% PUBLIC SAFETY 11 Police 11,203,700 11,500,500 296,800 2.6% 12 Fire 1,730,800 1,897,400 166,600 9.6% Public Safety Total 12,934,500 13,397,900 463,400 3.6% PUBLIC WORKS 21 Public Works /Engineering 1,191,200 1,189,700 (1,500) -0.1% 22 Streets & Highways 1,699,400 1,795,400 96,000 5.6% 24 Central Svices. Maint. 629,800 604,000 (25,800) -4.1% Public Works Total 3,520,400 3,589,100 68,700 2.0% PARKS & RECREATION 30 Recreation 2,047,000 2,094,700 47,700 2.3% 31 Parks 1,951,700 2,014,100 62,400 3.2% 32 Tree Conservation 501,000 520,100 19,100 3.8% Parks & Rec Total 4,499,700 4,628,900 129,200 2.9% GENL GOVT BLDG MAINT 33 Government Buildings 738,700 724,500 (14,200) -1.9% Subtotal 28,010,400 28,815,400 $ 805,000 2.9% 41 Contingency-- undesignated 29,600 48,800 19,200 64.9% General Fund Total $ 28,040,000 $ 28,864,200 $ 824,200 2.9% �q RESOLUTION CITY OF EAGAN LEVY OF PAYABLE 2013 REAL ESTATE TAXES WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was held on December 4, 2012, at 6 :30 p.m., at the Eagan Municipal Center, all members being present, WHEREAS, upon motion by Councilmember Councilmember and seconded by NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota, hereby is on record approving and certifying the levy of Real Estate Taxes for Eagan, Minnesota, which taxes are payable in 2013 as follows: General Revenue: General Fund $ 22,13 8,100 Equipment Revolving Fund 1,121,066 Major Street Fund 2,807,470 General Facilities Renewal /Replacement Fund 307,730 Parks System Development and Renewal/ 425,634 Replacement Fund Fire Apparatus Fund 198,436 Subtotal General Revenue 26,998,436 Debt Service: 2009A Equipment Certificates 71,594 2010A Equipment Certificates 59,532 2012B Equipment Certificates 70,438 Community Center /Central Park bonds 1,122,017 Subtotal Debt Service 1,323,581 Total City -Wide Levy 28,322,017 Dated: December 4, 2012 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Christina 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 4th day of December, 2012, Christina Scipioni, City Clerk A 11/30/2012 01 r t= R nnnn 11/30/2012 Pi 11/30/2012 3 11/30/2012 m General Government 142 11.79 Parks & Recreation 101„ 8.44 Public Works (Street /Trail Maint) 79 6.54 Major Street 'Construction. 80' 6.67 Major Capital Equipment 43 3.61 Community, ;Center Bonds 38, Government Buildings Maintenance 16 1.32 Parks System" Development A R/R 12 1.01 Facilities Renewal /Replacement 9 .73 Contingency 1 09 Total $ 814 $ 67.79 11/30/2012 5 Portion, City $220,252 homestead (Eagan average) Plymouth I :618 z Eden ;Prarie ' NONE= muq== wasamanwana 733 i "Mendota Heights 735 'Minnetonka �sa 779. Egan Maple 6, rave , { 85Z 1 WoodburyY 866 III Lakeville,88 " Inver Grove Hts 'C4111 Burnsville "54, Bloomington 1968 " 18 -City Average i 1 980 Coon: Rapids 989 Rosemount, 991 Apple Valley 1,09 South St Paul ' a es asst +. a UNNUMM IBM' 1,2 2 Brooklyn Park 1,326 Hastings I 1 1,389 1 West .St. Paul $0 $200 $400 $600 $800 $1,000,$1,200 $1,4001$1600 11/30/2012 R. 11/30/2012 7 i � ± � \ y� � < � d 11/30/2012 7 11/30/2012 11/30/2012 D 11/30/2012 10 11/30/2012 11 Gerieral Buda Fufftld MI- � Public Hearing December 4, 2012 Eagan Municipal Center Introduction Each year, as part of the budget preparation process, most Minnesota cities are required by law to hold a public hearing to receive comments on the types and levels of services proposed for the coming year and the anticipated costs of those services. We expect and welcome public comment as a constructive part of the budget process. Public input, together with the City Council's experience and City staffs expertise, help form the spending and cost management priorities for the City. Prior to tonight's formal budget hearing, the City Council held a budget open house at City Hall on November 27 to discuss with residents questions, concerns, and ideas with the City Council and staff in an informal, conversational setting. Background In Minnesota, property taxes provide a significant portion of the total funding for K -12 schools and City and County services. The purpose of tonight's hearing is to discuss only the portion of taxes that supports City services, which is a little more than one - quarter of a homeowner's total property taxes. The City Council does not control the amounts levied for K -12 schools or County services. Nor does the City establish the market value of a property, another factor affecting the change in total taxes; it is the responsibility of the Dakota County Assessor's office to establish each property's market value. Like last year, under a State law enacted in 2011, the taxable market value reflected in the Proposed Property Tax statements has been lowered for property owners that qualify for the Market Value Homestead Credit (MVHC), sometimes simply referred to as the homestead credit. This reduction in taxable value, which is called a market value exclusion, does not indicate an actual reduction of property value; rather, it is just a means for implementing the MVHC. While reduction in value on last year's Proposed Property Tax statements was the combination of the new law's market value exclusion and actual reduction in value as estimated by the County Assessor, any reduction on the current year's Proposed Property Tax statement is primarily due to changes to the Assessor's estimate of value. This year, the statement format has been improved to show how much of the change in value is due to each factor. To get more information about the Assessor's estimate of value, you may contact the Dakota County Assessor's office at 651- 438 -4200. 2013 Property Tax Levy Tonight, the Council is considering the following 2013 tax levy, which represents a 3.27% increase from last year: Allocation of Property Tax Levy General Fund General Facilities R & R Equipment Revolving Fund Major St Const Fund - A Major St Const Fund - B Fire Apparatus - Debt - Revolving Park Systems Development & R & R Fund Totals Market Value Debt Service Levy Grand Total Levy The City's 2012 levy represented a 2.9% decrease from the prior year. The two - year cumulative increase from 2011 to 2013, then, is 0.3% total. Estimated property taxes (City portion only) on the average -value homestead property in Eagan will go up 1.0 %, from $806 to $814: Average Value City Portion of Year Eagan homestead Property Taxes 2012 $237,696 $806 2013 $220,252 $814 2013 General Fund Budget In June 2009, in response to the Governor's unallotment of Market Value Homestead Credit aid to the City in the amount of $700,000 and other lagging revenues resulting from the poor economy, the City Council adjusted the 2009 expenditure budget down by $592,000. As part of the adjustments, 9.2 full -time equivalent (FTE) positions were eliminated. In subsequent years, an additional 3 FTEs have been eliminated, bringing the total of eliminated positions to more than 12 —a 5% reduction of full -time staff. 2 Final 2012 Preliminary 2013 Change Dollars % $ 21, 515, 000 $ 22,138,100 $ 623,100 2.9% 289,197 307,730 18,533 6.4% 1,053,549 1,121, 066 67,517 6.4% 1,561,150 1,661,197 100,047 6.4% 1,077,238 1,146, 273 69,035 6.4% 133,521 201,564 68,043 51.0% 266,479 198,436 (68,043) -25.5% 400,000 425,634 25,634 6.4% $ 26,296,134 $ 27,200,000 $ 903,866 3.4% $ 1,128,947 $ 1,122,017 (6,930) -0.6% $ 27,425,081 $ 28,322,017 $ 896,936 3.3% The City's 2012 levy represented a 2.9% decrease from the prior year. The two - year cumulative increase from 2011 to 2013, then, is 0.3% total. Estimated property taxes (City portion only) on the average -value homestead property in Eagan will go up 1.0 %, from $806 to $814: Average Value City Portion of Year Eagan homestead Property Taxes 2012 $237,696 $806 2013 $220,252 $814 2013 General Fund Budget In June 2009, in response to the Governor's unallotment of Market Value Homestead Credit aid to the City in the amount of $700,000 and other lagging revenues resulting from the poor economy, the City Council adjusted the 2009 expenditure budget down by $592,000. As part of the adjustments, 9.2 full -time equivalent (FTE) positions were eliminated. In subsequent years, an additional 3 FTEs have been eliminated, bringing the total of eliminated positions to more than 12 —a 5% reduction of full -time staff. 2 The 2013 proposed General Fund budget is up 2.9 %, from $28,040,000 to $28,864,200. A modest staff wage increase of 1.5% has been built into the budget. Non- union staff wage rate increases in 2010 through 2012 were 0 %, 0 %, and 2.5 %, respectively. Health insurance costs are estimated to increase 8.5% in 2013. About three - quarters of the City's budget is staff wages and benefits. A proposed new position in the Communications Department would be start July 1, 2013. The position, which will be funded by cable franchise fees paid to the City and not property taxes, will assist in proactive communications with the community, including social media, intranet support, and strategic marketing. No other new services are proposed. No services are proposed to be eliminated. The 2013 General Fund budget is balanced. Non -tax revenues are estimated to increase by $190,900 over 2012. City Portion of Taxes The City of Eagan tax figure in the TnT Proposed Property Tax Statements has three components: 1) the amount based on tax capacity; 2) the amount based on market value, resulting from the Community Center referendum approved by voters in 2000; and 3) the homestead credit, which is applied by way of a reduction in the market value — and thus tax capacity —of a property from its actual market value to a taxable market value. The credit applies only to the tax capacity -based portion of the tax, not to the market value -based portion. The homestead credit does not apply to commercial /industrial property or homesteads valued higher than $414,000. Tax Capacity -based Portion (Homestead Credit Exclusion Applies) The graphics on pages 7 through 10 help illustrate how the amount based on tax capacity is calculated. Effective 2012, the market value homestead credit is applied by way of a market value exclusion. In other words, the market value used for calculating the tax is reduced from the actual market value. The average Eagan homestead in 2013 is valued at $220,252. The amount excluded for a homestead of this value, per the State's formula, is $17,417. Thus, the market value for calculating the tax - capacity based taxes is: $220,252 – $17,417 = $202,835 = taxable market value Each property's tax capacity (a function of taxable market value and property type) is multiplied by the City's tax capacity rate, which is derived from the dollar levy approved by the Council. The City portion of taxes on a residential property with a market value of $237,696 and taxable market value of $221,849 is calculated as follows: First ... Tax capacity of $202,835 home = $202,835 x 1 % = $2,028.35 Then ... Tax capacity -based taxes = $2,028.35 x .38235 (tax cap. rate) = $775.53 3 Market Value -based Portion (Homestead Credit Exclusion Does Not Apply) In 2000, Eagan voters approved a bond referendum to fund development and construction of the Community Center in the Central Park area. The 20 -year serial bonds were sold in 2001, and refinanced over the remaining term in 2009. Each year, the amount of the debt service payments is levied as part of the property tax. The estimated market value tax rate for 2013 is .0001725. The market value used for the calculation is not reduced by the homestead credit exclusion as with the tax capacity -based portion. Here is the calculation for our average home; Market value -based taxes = $220,252 x .0001725 (MV rate) _ $37.99. Only the total City tax, or $813.52 ($775.53 + $37.99), appears on the Proposed Property Tax statement. FREQ UENTL Y A EKED QUESTIONS When it comes to answering FAQs, sometimes pictures say it better than words. The charts and tables on the following pages serve to answer the questions we are commonly asked: What share of my tax bill goes to the City? Page 6 — Pie chart illustrating where your property tax dollars go How is the City share of my tax bill calculated? Page 7— Summary of three components of tax calculation Page 8 — Graphic of tax capacity -based tax calculation Page 9 — Determining tax capacity of a property Page 10 — Determining the City's tax capacity rate How can my taxes go up when my property value is going down? Page 11— It's more complicated than this illustration shows, but here's a simple example explaining the concept How are my City tax dollars being spent? Page 12 — Pie chart reflecting allocation of 2013 property tax for a $220,252 house What other revenue sources are used to pay for the proposed budget? Page 13 — Pie chart of total revenues by source Page 14 — Comparative summary of revenues for 2012 and 2013 (as proposed) budget. What amount of spending is proposed for 2013, and how does it compare to last year? Page 15 — Pie chart and table of major expenditure categories Page 16 — Comparative summary of expenditures for 2012 and 2013 (as proposed) budget. How do my City taxes compare with those of other Metro -area suburbs? Page 17 — Bar chart comparing Eagan with 17 other area cities: 9 neighboring Dakota County cities and 8 comparably -sized Metro area cities. 61 Where will your 2013 property tax dollars go? Calculation is for residential property located in ISD 196. X per /0 Calculating the City Portion of Property Taxes There are three basic components to the City tax figure shown in your Proposed Property Tax Statement: 1) Tax capacity -based taxes This is the more complicated part of the calculation. See graphics on pages 8 -10. 2) Market value -based taxes In a 2000 referendum election, voters authorized the City to issue bonds to develop the Central Park area and construct a Community Center there. Bonds in the amount of $13,970,000 were issued in 2001 and refinanced at a lower rate in 2009. Bond payments are made from a tax levy that is based on a property's market value, calculated like this: EVE 0MVo�f 11,prop e ry 3) Homestead Credit - City portion (pertains to residential properties only) In 2002, the State Legislature instituted a credit for homestead property taxpayers. Until last year, the credit was in the form of a separate reduction after the property tax was calculated. The credit was 0.4% of the property value to a maximum of $304 for a $76,000 homestead, and phased out from that point, on a straight -line basis, to zero for a home valued at $414,000. Beginning in 2012, the credit remains, but is granted by way of reducing the market value. Because the State no longer pays the credit to the cities, the credit in effect is "paid" by the taxpayers. All taxpayers, including the qualifying homestead property owners, contribute to funding for this credit through an increased tax rate. 7 Tax Capacity Portion of Property Taxes x E:a Influencing factors: General Fd expenditures Debt service Allocation to capital proj. State aids Other non -tax revenues Influencing factors: Development/growth Tax class rate changes Fiscal disparities TIF Market value exclusion Determining Your Property's Tax Capacity Property Class Rates 2012 2013 Residential (both homestead and non - homestead) First $500,000 in value 1.00% 1.00% Over $500,000 1.25% 1.25% Commercial /Industrial First $150,000 in value 1.50% 1.50% Over $150,000 2.00% 2.00% Example 1: .Residential homestead valued at $220,252 has a taxable market value of $202,835 after the homestead credit exclusion: 2013 tax capacity = $202,835 x 1.00% _ $2,028 Example 2: Residential homestead valued at $600,000 does not qualify for the homestead credit exclusion: 2013 tax capacity = $500,000 x 1.00% _ $5,000 $100,000 x 1.25% = 1,250 $6,250 We Determining the City's Tax Capacity Rate 0 Net local levy $23,752,572 $ 24,828,893 4.5 % 2012 2013 Total tax capacity $83,047,434 $78,898,971 Less: Fiscal Disparities Contribution (13,243,854) (12,950,781) Tax increment (1,060,178) (1,009,609) Net local tax capacity $68,743,402 $ 64,938,581 % change (5.0 %) (2.2 %) (4.8 %) (5.5 %) 2012 tax capacity rate = 23,752,572 / 68,743,402 = .34553 2013 tax capacity rate = 24, 828, 893 / 64, 938, 581 = .38235 10 2012 2013 % change Property tax levy Operating $26,162,613 $ 26,998,436 3.2% Debt service 133,521 201,564 51.0% Subtotal 26,296,134 27,200,000 3.4 % Less: Fiscal Disparities Distribution (2,543,562) (2,371,107) (6.7 %) Net local levy $23,752,572 $ 24,828,893 4.5 % 2012 2013 Total tax capacity $83,047,434 $78,898,971 Less: Fiscal Disparities Contribution (13,243,854) (12,950,781) Tax increment (1,060,178) (1,009,609) Net local tax capacity $68,743,402 $ 64,938,581 % change (5.0 %) (2.2 %) (4.8 %) (5.5 %) 2012 tax capacity rate = 23,752,572 / 68,743,402 = .34553 2013 tax capacity rate = 24, 828, 893 / 64, 938, 581 = .38235 10 IC 11 MIM-Iml How are my City tax dollars allocated? $814 in taxes on a $220,252 (avg) Eagan home Comn Genl Govt $16 Capital Equip Continaencv &A9 ;ilities 2 12 parks Dev -R /R $12 2013 General Fund Revenues $ 28,864,200 Other 1.6% Recre Chai 2.4 Services IRevenueL Revenues 4.5% 2.2% 6.3% 13 censes & Permits 4.5% ansfers 1.7% 2013 BUDGET GENERALFUND COMPARATIVE SUMMARY OF REVENUES General Property Taxes Licenses Permits Intergovernmental Rev Charges for Services Recreation Charges Fines & Forfeits Other Revenues Program Revenues Transfers 2012 2013 1 1 A (13 vs. 12) Budget Budget $ $ 21,515,000 $ 22,138,100 623,100 274,700 282,500 7,800 936,200 1,018,400 82,200 621,000 645,100 24,100 1,323,800 1,305,300 (18,500) 669,600 692,800 23,200 245,200 248,200 3,000 260,900 226,800 (34,100) 1,728,000 1,812,400 84,400 465,600 494,600 29,000 TOTAL GENERAL FUND $ 28,040,000 $ 28,864,200 $ 824,200 14 2.9% 2.8% 8.8% 3.9% -1.4% 3,5% 1.2% -13.1% 4.9% 6.2% 2.9% 2013 General Fund Allocation of Expenditures Building Maint Continuencv 15 2013 Comparative Summary of Expenditures General Fund Budget 2012 1 2013 L Difference PUBLIC WORKS 21 Public Works /Engineering 1,191,200 Budget Budget -0.1% % GENERAL GOVERNMENT 1,795,400 96,000 5.6% 24 Central Svices. Maint. 01 Mayor & Council $ 141,800 $ 140,000 $ (1,800) -1.3% 02 Administration 534,300 517,300 (17,000) -3.2 % 03 Information Technologies 1,313,700 1,495,200 181,500 13.8% 04 City Clerk 315,100 244,300 (70,800) - 22.5% 05 Finance 1,044,200 955,900 (88,300) -8.5% 06 Legal 390,000 390,000 - 0.0% 07 Comm Dev-- Planning /ED 970,900 989,900 19,000 2.0% 08 Comm Dev -- Inspections 878,300 962,400 84,100 9.6% 09 Communications 465,600 494,700 29,100 6.3% 10 Human. Resources 263,200 285,300 22,100 8.4% Gen Govt Total 6,317,100 6,475,000 157,900 2.5% PUBLIC SAFETY 11 Police 11,203,700 11,500,500 296,800 2.6% 12 Fire 1,730,800 1,897,400 166,600 9.6% Public Safety Total 12,934,500 13,397,900 463,400 3.6% PUBLIC WORKS 21 Public Works /Engineering 1,191,200 1,189,700 (1,500) -0.1% 22 Streets & Highways 1,699,400 1,795,400 96,000 5.6% 24 Central Svices. Maint. 629,800 604,000 (25,800) -4.1% Public Works Total 3,520,400 3,589,100 68,700 2.0% PARKS & RECREATION 30 Recreation 2,047,000 2,094,700 47,700 2.3% 31 Parks 1,951,700 2,014,100 62,400 3.2% 32 Tree Conservation 501,000 520,100 19,100 3.8% Parks & Rec Total 4,499,700 4,628,900 129,200 2.9% GENL GOVT BLDG MAINT 33 Government Buildings 738,700 724,500 (14,200) -1.9% Subtotal 28,010,400 28,815,400 $ 805,000 2.9% 41 Conti ngency--undesig nated 29,600 48,800 19,200 64.9% General Fund Total $ 28,040,000 $ 28,864,200 $ 824,200 2.9% 16 City Portion of Property Taxes 2013 Truth -in- Taxation Estimates $220,252 Homestead (Eagan avg.) Plymouth Eden Prairie Mendota Heights Minnetonka Eagan Maple Grove Woodbury Lakeville Inver Grove Hts Burnsville Bloomington 18 -City Average Coon Rapids Rosemount Apple Valley South St. Paul Brooklyn Park Hastings West St. Paul 11 c: $0 $400 $800 $1,200 $1,600 17 Agenda Information Memo December 4, 2012, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT — WAGGING TAILS PET RESORT ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow boarding of up to 125 dogs for property at 3275 Sun Drive, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers Present FACTS: ➢ The subject property is zoned I -1 (Limited Industrial) which allows kennels via a CUP (Conditional Use Permit). ➢ Wagging Tails Pet Resort and Invisible Fence of the Twin Cities share the 20,000 SF building. ➢ A CUP was approved in December 2009 to allow a full service animal care facility with overnight boarding and outdoor runs for a maximum of 95 dogs. The original request was to allow 130 dogs; however, due to neighbors' concerns over noise, the maximum number of dogs was reduced at the City Council meeting to allow 95 dogs. ➢ Since the CUP was approved, a play area for small dogs (5,000 SF) was added behind the building and enclosed with a 5' chain link fence. The surface consists of pea rock and grass and is shaded with mature trees. ➢ Another play yard was added to the north side of the building (10,000 SF) and is also enclosed with a 5' chain link fence. This play yard has a grass surface. ➢ The Animal Control Officer has reviewed the proposal and offered comments which are incorporated in the staff report, including that the play yards should have a pea gravel surface; however this creates a non - conformity with the amount of green space required on the site. ➢ The Advisory Planning Commission held a Public Hearing on November 27, 2012 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: December 16, 2012 ISSUES: ➢ Two City Code violations pertaining to signage and dumpster enclosures were noted during a recent site visit. The owner is working to correct the violations. ➢ The owner stated he would remove the north play area from this CUP request which eliminates the need for pea gravel and therefore the green space non - conformity. A condition of approval should be added requiring a revised Site Plan that removes the north play area from the request. 4� ATTACHMENTS: (3) Location map on pager _ Draft November 27, 2012 APC minutes on pages 5a through S 3 Staff report on pages through Location Map Fort.Snelling State Park ICZ) Subject Site 0441 Project Name: Wagging Tails Request: Conditional Use Permit Case No.: 08-CU-12-10-12 City of Eap /XI 01 0' CO- � 51 ip Area Extent J 11=1 ME ®® • 1111111111 ff,,� I ------- J 1 Feet 0 500 1,000 2,000 Legend Parcels Buildings Parks qtDCRY Boundary I N Advisory Planning Commission November 27, 2012 Page 3 of 7 B. Wagging Tails Pet Resort Applicant Name: Pet Containment MN Location: 3275 Sun Drive; Lot 1, Block 1, Tan Me Industrial Park 2nd Addition Application: Conditional Use Permit A Conditional Use Permit to allow boarding of up to 125 dogs. File Number: 08- CU- 12 -10 -12 Planner Thomas introduced this item and highlighted the information report dated November 20, 2012. She noted the background and his Member Dugan stated he will abstain from voting on this item. Keith Olson (owner), 3275 Sun Drive, discussed WaggingXTrat!s Pet Re and the need for the requested CUP (Conditional Use Pent) td> allow b dogs. Member Piper asked about the maximum number ofeogs hou in the City Staff history in Eagan ng of up to 125 Mr. Olson stated 125 would be the maximum and discuss"ea gravel being installed in the little dog play area. He explained that they have another 1 `YO square foot area, used as an employee dog area, which he'd like to htq= from the CUP to remain grassy, preventing hillside erosion. f f Secretary Piper inquired about the fencing. � 1 Mr. Olson explained hest 4of£�6 ce require those locations is not ble fro 111jent. her pro the five foot chain lirt''f ` ce is on the property and explained that the site in due to topography change; therefore they feel Member Heaney inquired ', t r f66 cy plans Mr. Olson eplamed ction p £for extreme weather that will accommodate up to 125 dogs A, includ =cable restrain ,seede a scussed fire emergency plans that involve sheltering dog �h . neighboring b Bess. Hir` cussed noise and fluctuations in noise depending on il the time ofd}fr£_ f_ Chair Heaney r ed the pubic hearing. There being no pukihl : ;tent, Chair Heaney closed the public hearing and turned the discussion back to th(Mommission. Member Piper discussed erosion on the hillside, pea gravel being used and the fence being used to restrict visibility for dogs. City Planner Ridley displayed a map and discussed the property and surrounding properties. He stated chain -link fence on the west elevation makes sense. He stated the grassy hillside is not a concern due to the elevation change it will not receive much use. He explained that pea gravel is on the first 20 feet out from the building and that it does not make sense to extend the gravel up the hill. 5a Advisory Planning Commission November 27, 2012 Page 4 of 7 Member Supina stated the original application was approved for 95 dogs and asked if the applicant is currently in compliance with the original Conditional Use Permit. Planner Thomas stated other than site conditions including the sign and exterior dumpster, the site was found to be in compliance with no reported kennel license issues. City Planner Ridley stated there have been no complaints from neighbors received. Member Supina inquired about the original reduction in allowable dog f om 130 to 95 and now back to 125. City Planner Ridley explained that the unknown was a concer a cent property owners originally; now the operation is better understood and no viol- onso rVIC laints have been reported. 4r Member Piper moved, Member Vanderpoel seconde >a motion to recommend �roval of a Conditional Use Permit (CUP) to allow boardingo�p to 125 ogs at 3275 Su w -, legally described as Lot 1, Block 1, Tan Me Industrial Park­ dditionI' bject to the fo IFwing conditions as amended: 1. This Conditional Use Permit shall 6.6-recorded at Da by the City Council 2. The total number of animals, both da ca; shall not exceed 125. 3. Customer service hours shall be 6:30 atl a.m. to 5:00 p.m. Satu and Sunday '. 4, The applicant shall, air ain�,current kenr 5. The premises shalKbe operf� inspection inspect the pre its z 6. The applicants III revise the rno�th lay y. meet the .5 °0 green silage eq a `r� exceatt <eon thest side of 7. 8. 9. 10. cant sh°1. uirements. 4 id recycling s enclosure #hat complies 5 _a; Twenty percent of the through O The desig boarded my within 60 days of approval the facility at one time day through Friday, and 9:00 license. / the City and the City shall have the right to remove the hill from the fenced area and ay yards shall utilize pea gravel as a surface porary, free standing sign. All signage shall meet City ainersr hall be properly contained within the building or an h City Code requirements. door play area shall provide shade during the months of May hro°�'m area for the animals shall be cleaned daily. dune 1, 2013- ' 11. The applicant shall provide an emergency action plan to clearly define the direction of removing and relocating up to 125 dogs if an incident were to occur in inclement weather and there was a need to evacuate the entire building in a form acceptable to the City Fire Marshal. All voted in favor. Motion carried 6 -0. Member Dugan abstained from voting on this item. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 20, 2012 APPLICANT: Keith Olson PROPERTY OWNER: Pet Containment MN REQUEST: Conditional Use Permit LOCATION: 3275 Sun Drive CASE: 08- CU- 12 -10 -12 HEARING DATE: November 27, 2012 APPLICATION DATE: Oct. 17, 2012 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit (CUP) to allow boarding of up to 125 dogs at 3275 Sun Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park 2 "a Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 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. J-1 Planning Report — Wagging Tails Pet Resort November 27, 2012 Page 2 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 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY This site was platted in 1995 and further subdivided into two lots in 2005. A 20,000 sq, ft. building was constructed on the subject property. The site is the former location for Tan Me Sales & Service, a distributor of tanning systems and accessories. A CUP was approved in December 2009 to allow a full service animal care facility with overnight boarding and outdoor runs for a maximum of 95 dogs. The original request in 2009 was to allow 130 dogs with 100 being the maximum allowed overnight. Due to neighbors' concerns over noise, the maximum number of dogs was reduced at the City Council meeting to allow 95 dogs. A condition of approval included providing a canopy to occupy 20% of the outdoor area to meet shade requirements and assist with sound attenuation. After City Council approval, the applicant became aware that the canopies would exceed $20,000. The applicant requested an amendment to eliminate the sound attenuation requirement, limiting the canopy for shade purposes only. The amendment was approved on April 20, 2010. EXISTING CONDITIONS Kennels with outdoor runs are allowed, via Conditional Use Permit, in Industrial Zoning Districts. The 2009 CUP approved an outdoor play area (1,800 SF) on the south side of the building. This play area is fenced with a six foot tall opaque PVC fence. The privacy fence, in addition to a five foot landscaped area at the eastern property line, provides a visual and noise buffer to surrounding properties. S�s Planning Report — Wagging Tails Pet Resort November 27, 2012 Page 3 Access to the site is provided from Terminal Drive via a private street, Sun Drive, which serves a total of 4 parcels. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — Wagging Tails Pet Resort and Invisible Fence of the Twin Cities share the 20,000 SF building. Invisible Fence utilizes 3,000 SF of office space and the remainder is utilized by Wagging Tails. According to the applicants' narrative, business has been good since opening in January 2010 and they would like to board a total of 125 dogs. "Increasing our CUP from 95 to 125 (dogs) will give us the ability to continue to grow our business and also provide a quieter area both indoor and outdoor for our smaller dogs during our busier times." Wagging Tails typically does not have the maximum number of dogs that the existing CUP allows, other than holiday weekends, such as Thanksgiving and Christmas. The applicant has made interior and exterior renovations to accommodate the proposed increase in dogs. A storage room on the second floor was converted to a small dog playroom and a small dog suite area. The smaller suite area can accommodate an additional 36 dogs. A play area for small dogs (5,000 SF) was added behind the building and enclosed with a 5' chain link fence. The applicants' narrative states the surface consists of pea rock and grass and is shaded with mature trees. Another play yard was added to the north side of the building (10,000 SF) and is also enclosed with a 5' chain link fence. This play yard has a grass surface. 5(0 Existing Use Zoning Land Use Designation North Manufacturing and Warehousing I -1, Limited Industrial IND, Limited Industrial South Service Garage I -1, Limited Industrial IND, Limited Industrial East Warehouse /Office I -1, Limited Industrial IND, Limited Industrial West Vacant — City shooting range PF, Public Facility QP, Quasi- Public EVALUATION OF REQUEST Proposal — Wagging Tails Pet Resort and Invisible Fence of the Twin Cities share the 20,000 SF building. Invisible Fence utilizes 3,000 SF of office space and the remainder is utilized by Wagging Tails. According to the applicants' narrative, business has been good since opening in January 2010 and they would like to board a total of 125 dogs. "Increasing our CUP from 95 to 125 (dogs) will give us the ability to continue to grow our business and also provide a quieter area both indoor and outdoor for our smaller dogs during our busier times." Wagging Tails typically does not have the maximum number of dogs that the existing CUP allows, other than holiday weekends, such as Thanksgiving and Christmas. The applicant has made interior and exterior renovations to accommodate the proposed increase in dogs. A storage room on the second floor was converted to a small dog playroom and a small dog suite area. The smaller suite area can accommodate an additional 36 dogs. A play area for small dogs (5,000 SF) was added behind the building and enclosed with a 5' chain link fence. The applicants' narrative states the surface consists of pea rock and grass and is shaded with mature trees. Another play yard was added to the north side of the building (10,000 SF) and is also enclosed with a 5' chain link fence. This play yard has a grass surface. 5(0 Planning Report — Wagging Tails Pet Resort November 27, 2012 Paee 4 Hours of O erp ation — Hours of operation have been slightly modified from when the facility first opened. Wagging Tails is open 6 :30 a.m. to 6:30 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on weekends. The boarded dogs are kenneled from 8:30 p.m. to 6:15 a.m. The following is a daily schedule. • 6:15am — 7:00am outside • 7:00 am — 8 am; dogs are in kennels for breakfast • 8:00am — 11 :30am; dogs in playrooms (inside & outside) • 11 :30am — 1:30pm; dogs are in kennels for lunch/naps • 1:30pm — 4:30pm; dogs in playrooms (inside & outside) • 4 :30pm — 6:30pm; dogs are in kennels for dinner • 6:30pm — 8:30pm; dogs in playrooms (inside & outside) Site Visit — A recent site visit found dumpsters were not in a proper enclosure. City Code requires all trash and recycling containers to be located indoors or in an enclosure. Dumpster enclosures can be detached in an I -1 district. The applicant should comply with the trash enclosure ordinance. This has been included as a condition of approval. The purpose of the site visit was to view current conditions including the additional outdoor play areas that were added following the 2009 CUP approval by the City Council. These additional play areas encompass the majority of the landscaped area on the property. The City has traditionally required outdoor play areas to have a pea gravel surface. The use of pea gravel has both maintenance and dog safety advantages: • Allows liquid to drain, no pooling like on concrete. • Makes cleanup of feces easier, nothing "stuck in the grass ". • Will not turn to mud when it rains, keeping pets and indoors cleaner. • Will not absorb liquids and create a nuisance smell like wood chips. • Can be washed, unlike wood chips. • Will not injure pets' feet like asphalt, and does not get as hot in the summer. City Code requires 25 % of the property to be green space. Enforcement of the pea gravel surface material standard would result in nonconformance of the 25% green space requirement. The large, 10,000 SF play area on the north side of the building consists of a grass surface, although much of the grass, especially on the western hill, has worn away. City staff has a concern regarding the current condition of the grass and expects that the problem will worsen with additional dogs allowed on the site. Also, it did not appear that pea gravel was in the dog play area on the west side of the building. 511 Planning Report — Wagging Tails Pet Resort November 27, 2012 Page 5 To maintain code compliance with the 25% green space and utilize the standard pea gravel surface in the play area, the applicant should reduce the size of the north play yard, keeping the hill along the west side of the property out of the fenced area. All play yards should have a pea gravel surface. Staff also noted a temporary freestanding sign, which is not allowed per City Code. All temporary signs must be attached to the building or to an existing pylon or monument sign. The applicant should remove the sign. This has been included as a condition of approval. Lastly, there was a considerable amount of barking heard during the visit. Animal Control noted a similar finding as well. Animal Control Officer — The City's Animal Control Officer routinely conducts inspections of similar facilities, has reviewed this application and visited the site. The large (10,000 SF) play yard on the north side of the building has only two trees and the small (5,000 SF) play yard on the west side of the building has a row of four trees along the west end. The original CUP required a minimum of 20% shade area at any given time during the months of May through November. The building may provide an adequate shade for the northern play area; however, verification of this will not be able to occur until the summer months of 2013. A condition of approval has been added to ensure this requirement is met. As previously mentioned, the applicant already has installed 5' chain link fencing for the new play areas. This does not provide screening nor is it consistent with the 6' opaque PVC fencing required with the 2009 CUP. The chain link fence allows for the dogs within the new play areas to see the adjoining property and the parking area for the subject site. This could result in barking if something interests them. The chain link fencing should be replaced with a 6' tall opaque PVC fence to provide visual separation and screening. Fire Safety — The Fire Department has determined a need for an emergency action plan that would clearly define the owners' direction of removing and relocating up to 125 dogs if an incident was to occur in inclement weather and there was a need to evacuate the entire building. SUMMARY /CONCLUSION Wagging Tails Pet Resort is proposing an increase in the number of dogs allowed at their animal care facility from 95 to 125. The facility provides daycare, overnight boarding, grooming and three outdoor play areas. The subject site is located within an industrial zoning district with no residential neighbors and the kennel use is allowed, via CUP, in the Industrial Zoning District. Interior and exterior renovations have already occurred in preparation of the additional dogs. City Policymakers should determine if the site is suitable for the proposed increase. The grass surface of the new outdoor play areas is not consistent with city standards and has already been worn away in certain locations; however, pea gravel, a more suitable surface, would result in a non - conformity by reducing the green space to less than 25% of the site. Through conditions of approval these issues are rectified. ME Planning Report — Wagging Tails Pet Resort November 27, 2012 Paj4e 6 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow boarding of up to 125 dogs at 3275 Sun Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park 2"' Addition. If approved the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The total number of animals, both daycare and boarded dogs, in the facility at one time shall not exceed 125. 3. Customer service hours shall be 6:30 a.m. to 6:30 p.m. Monday through Friday, and 9:00 a.m. to 5:00 p.m. Saturday and Sunday. 4. The applicant shall maintain a current kennel license. 5. The premises shall be open for inspection by the City and the City shall have the right to inspect the premises. 6. The applicant shall revise the north play yard to remove the hill from the fenced area and meet the 25% green space requirement. All play yards shall utilize pea gravel as a surface. 7. The applicant shall remove the temporary, free standing sign. All signage shall meet City Code requirements. 8. Trash and recycling containers shall be properly contained within the building or an enclosure that complies with City Code requirements. 9. Twenty percent of the outdoor play area shall provide shade during the months of May through October. 10. The designated bathroom area for the animals shall be cleaned daily. 11. The perimeter fencing of all outdoor play areas should consist of the same, six foot opaque PVC fence. The applicant shall obtain a zoning permit for the fence and install the fence by June 1, 2013. 12. The applicant shall provide an emergency action plan to clearly define the direction of removing and relocating up to 125 dogs if an incident were to occur in inclement weather and there was a need to evacuate the entire building in a form acceptable to the City Fire Marshal. �l Fort'Snelling State Subject Site Location Map C WA ii 4Y/ Project Name: Wagging Tails Request: Conditional Use Permit Case No.: 08- CU- 12 -10 -12 City of Eapn 60 zo' oz s kIQ kT ■ ap Area Extent Feet 0 500 1,000 2,000 Legend OParcels Buildings Z\ Parks k ::PcityBoundary N City of Eap Current Zoning and Land Use Map Application: Wagging Tails Type: Conditional Use Permit Case No.: 08- CU- 12 -10 -12 Zoning 1 -1 Limited Industrial Land Use Plan IND Limited Industrial l\ N 0 300 600 1,200 Feet •• , Me I ' wml�a- OR B n •' n � • • f (it 4, R!4 I ��o PF Subject Site \ R -2 I r R -3 \ �M R -3 \ I -1 R R 1 z -1 ERQ R -4 mmmmm Q mmmmm mm PD PD — NB PD Ul PD 0 �PD I PF •• , Me I ' wml�a- OR B n •' n � • • f (it ':£F'^r tTY .Y dy �*,{� °y°� •4 S ,�5 f -s. e.. `S' -. t d7 4`�Y 'j J�` °U ti rh�t•i�- 'J�.�`n.� <7�Y `�'� s h� /��, �xT� `',,,44 � Y, � �"% ��"4�; +}t2\'f` �. .1F \- ti`,�'r. Vr .4,i I. �.l <. ��� _�r�+� z �y "._• �,�� �� �„bc�`� t <tt 4�. �'`'�� �i�ty i .. 7'xl -. {\d �f`�rjF -_• 1 r, � ? '� � °•e.K.c a ep zaa� . ran .f �; \``' S�r"h -�' � ��y�'- i mg's � 5 - . -�"`l. 'c ry+� r iq .t- � � ��' � �: , 1 - i�£}i `�� Ya � -�-,i C � 'I ,,rPf: ". `�, 3 °; r� s � 1 Y '��i„t.• � ,.�, � }31-. � 3 1� 'r r \� � f -. � .� t,,� �.r mkt } - - } It .� � ♦ ." r '� \i. JI XT ti's � ��� -i4 `r 7 � � i�✓ k ,.h, r� a € �IT�j Y .. CS Y ct ,i1 r _ �Z 1 5t i �n 7 Ah XR Jr SRI{� !i M40 ,: ? 'I ;t t F> � 4 � , i ij rri I< m ) CD A 4� SITE PLAN ox xxz m x tw 000 "o i m'"a N _ P. �t - _ Z, U� Gai i n ?�m�s O mm 0 oxo A r U� mm � i no ENZ v 1• mm _ _. - i� —N LILT A2 14 "14 '9G S °a m o: Fa in`o s �.h i0 �� Am m . _ c� �o PROPOSED PROJECT FOR: a2is sun DRIVE JAC WAGGING TAILS PET RESORT EAGAN. NN 55121 51'E -LAN "e UP,YCLOC�IIi�f "� s .di.,n a1,a an O/15/12 FLOOR PLAN j= a E POSED PROJECT FOR: JAC 3211 SUN OR 'VE GING TAILS PET RESORT =AGAV, M 55121 c: W s aavE MEZZANINE P-AN ��,; 10/15/12 l q 6y Iq CD r b n gyc W V ;5 a E POSED PROJECT FOR: JAC 3211 SUN OR 'VE GING TAILS PET RESORT =AGAV, M 55121 c: W s aavE MEZZANINE P-AN ��,; 10/15/12 l q NARRATIVES Wagging Tails Pet Resort Narrative Location: 3275 Sun Drive, Eagan, MN 55121 P I D #: 10- 75101 -01 -010 Legal Description: Lot 1, Block 1, Tan Me Industrial Park 2nd Addition Wagging Tails Pet Resort opened in January of 2010 and we have experienced some good growth the past 31 months. As we have grown and gained many loyal customers throughout Eagan and surrounding cities, we have also continued to be focused on the highest level pet care possible. With growth and the overall pet experience in mind we want to take the next steps in our business which will include the need for expansion. Our current CUP states we can have up to 95 boarding dogs in the facility. We would like to request an additional 30 dogs which would bring us to a total of 125 boarding dogs. In order to accommodate the additional dogs, we have made several renovations to the interior and exterior of the building. On the second floor of the southwest portion of the building, we turned two storage rooms into a small dog playroom and a small dog suite area. This smaller, quieter, suite area has 13 suites with nine crates allowing us to sleep up to an additional 36 dogs. We also added a small dog play yard to the backside of the building enclosed by a 5' chain link fence which gives easy access for smaller dogs to go from inside to outside. This small dog play yard is approximately 5000 square feet, is half pea rock, half grass, shaded with several 20 +' mature trees, and grade is 15 +' below neighboring back gravel parking area thus providing a perfect small dog hideaway for play and relaxation. In addition, we added another play yard to the northwest side of the building that is approximately 10,000 square feet, also enclosed by a 5' chain link fence. The location of these two play yards should have little or no affect to surrounding neighbors. As with the original suites and play yards, these are cleaned and deodorized daily and kept well maintained. Increasing our CUP from 95 to 125 will give us the ability to continue to grow our business and also provide a quieter area both indoor and outdoor for our smaller dogs during our busier times. Currently, we only reach our maximum number of dogs 10 -20 nights per year; it is typically during holiday weekends such as Thanksgiving and Christmas. This will hold true with increasing our CUP to 125. To date, we have had no issues with Animal Control or complaints from surrounding neighbors. We continue to enforce a 'no bark' policy and work with each dog that comes into our facility. As stated above, we have made the appropriate renovations to the interior and exterior of the building to accommodate the additional dogs which you can reference on the updated site and mezzanine plans enclosed. All requirements stated in the approved 2009 CUP will remain the same and will not be affected. IIR�RCi-.lVg ry-j 1 01, 10.15.2012 lJ 3 October 29, 2012 City of Eagan Attention: Sarah Thomas 3830 Pilot Knob Road Eagan, MN 55122 Re: Conditional Use Permit— Additional Information Response Dear Ms. Thomas, In response to your letter dated October 23rd, 2012, below please find the additional information requested regarding our proposed CUP amendment: • Site Plan — Reference enclosed updated Site Plan and Mezzanine Plan • Identify square footage of play area • Identify height of chain link fence • Clarify outdoor play area surface; Site Plan notes turf, narrative notes % pea rock, grass • Narrative o Explain when and why the two additional outdoor play areas were added ■ Answer: The chain -link fence enclosing the two new play areas was installed in March of 2011. We did finishing work during the summer of 2012 which included drain tile, a keystone wall, pea gravel and grass in the small dog outdoor play area. The small dog outdoor play area was added to provide a more secluded place for small dogs to play and feel more comfortable away from the larger dogs. The outdoor play area added to the northwest side of the exterior is mainly used for employee dogs and occasional exercise groups. • Explain the breakdown between 13 suites with nine crates, which allows up to an additional 36 dogs ■ Answer: The small dog suite area has 13 suites and nine crates. Each suite can sleep up to two small dogs; the crates will sleep one dog each giving us a total of up to an additional 36 dogs. The existing suite area approved in the 2009 CUP, has 69 suites which gives us the ability to sleep up to 138 dogs. • Explain tenant breakdown, is Wagging Tails now the sole tenant of the building? ■ Answer: Wagging Tails is not the sole tenant of the building. Invisible Fence of the Twin Cities is officed inthe northwest portion of the second floor asapproved HEVISEU" in 2009 CUP. As indicated in the narrative submitted on October 17th, the southwest portion of the second floor was storage space that was converted into our small dog play area and small dog suite area (Reference Mezzanine Plan). • Explore the opportunity of providing a canopy to shade the outdoor play areas, or add umbrellas, such as was a condition of the 2009 CUP approval. Or do you propose the tree shade to be suffice? ■ Answer: The small dog outdoor play area has five large trees spreading across approximately 20 +' which provides more than enough shade (Reference Site Plan). The outdoor play area on the northwest side of the building also has three large shade trees. Please advise if additional information is required. Keith Olson Owner Enclosures W REr'EIVE� rIC qq 9 Agenda Information Memo December 4, 2012, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT — DAKOTA COUNTY CDA ACTION TO BE CONSIDERED: To direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Land Use Amendment (OR direct preparation of findings of fact for denial) that would change the land use designation from HD (High Density), to MD (Medium Density) for approximately 2.1 acres, to allow for a 28 -unit townhome development upon property legally described as part of Government Lot 3, Section 9, Township 27, Range 23. REQUIRED VOTE FOR APPROVAL: At least four votes FACTS: ➢ The subject site consists of three separate parcels located east of Sibley Memorial Hwy and north of Letendre Street. ➢ The northern two properties were developed with single family homes and the southernmost property was commercially developed, most recently as Richfield Blacktop.. ➢ The site is generally wooded and there is a large variation in elevation within the site. ➢ The proposed development consists of six townhome buildings containing a total of 28 units with a density of 6.4 units per acre. Each unit has an attached single -stall garage and separate entrance. Additional guest parking areas are provided throughout the site. Site amenities include tot lots, gazebos, and open green space. ➢ Access is from Sibley Memorial Highway and a private road to the south; streets within the development will be private. On- street parking is prohibited to permit emergency vehicle access. ➢ Deviations from typical City Code standards include front yard setbacks (less than 25' from the curb of a private street), and parking stall dimensions (9' x 18' vs. 10' x 19'). i The Advisory Planning Commission held a Public Hearing on November 27, 2012 and is recommending approval. ISSUES: ➢ Since Comprehensive Guide Plan amendments are subject to review and approval of the Metropolitan Council, formal action on the associated Rezoning and Preliminary Planned Development requests will be withheld until the Metropolitan Council has responded to IN the proposed Comprehensive Guide Plan amendment. However, it is appropriate for the City Council to comment on each request at this time. Subsequent to review by the Metropolitan Council, if so directed, the following actions will come back to the City Council as Consent Agenda items: • Approve Comprehensive Guide Plan Amendment from HD, High Density to MD, Medium Density, for approximately 2.1 acres upon property legally described as part of Government Lot 3, Section 9, Township 27, Range 23; and • Approve a Rezoning from R -4, Residential Multiple and R -2, Residential Double to PD, Planned Development; and • Approve a Preliminary Planned Development to allow for a townhome development consisting of 28 dwelling units upon approximately 4.3 acres legally described as Lot 9, Block 1, Letendre Addition No. 3 and part of Government Lot 3, Section 9, Township 27, Range 23; and • Approve a Final Plat (Riverview Ridge Family Housing Addition) to create one lot consisting of 4.3 acres. ➢ Public comments received included concerns related to: view of river valley, increase of townhomes in the area and use of the private drive. ➢ The staff report references the north cul -de -sac should be a full radii of 96 feet. The Fire Department has clarified a width of 92 feet is acceptable. 60 DAY AGENCY ACTION DEADLINE: Waived ATTACHMENTS: (4) Location Map, page iii Draft November 27, 2012 APC Minutes, pages Yl I through Planning Report on pages through 1Oq Public comment, page k kO Location Map Project Name: Riverview Ridge Townhomes Request: Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development Case Nos.:09- CG- 02- 10 -12; 09- RZ- 09- 10 -12, 09- PD- 05 -10 -12 Ciky of Eap Of ' ' 1 Feet 500 1,000 2,000 Legend Parcels Buildings ``.. 1 Parks / .r�sr i is 7rINC City Boundary N Advisory Planning Commission November 27, 2012 Page 5 of 7 B. Riverview Ridge Townhomes Applicant Name: Dakota County CDA Location: 3206, 3160, & 3170 Sibley Memorial Hwy; Lot 9, Block 1, Letendre Addition No. 3; and part of Lot 3, Section 9,Township 27, Range 23 Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from HD, High Density to MD, Medium Density File Number: 09- CG- 02 -10 -12 Application: Rezoning A Rezoning of approximately 4.3 acres from R -4, Residential Multi pIand`R -2, Residential Double to PD, Planned Development. File Number: 09- RZ- 09 -10 -12 �sfkf. Application: Preliminary Planned Development A Preliminary Planned Development of Approximately es to build reri��l townhomes. File Number: 09- PD- 05- 10 -12.` Planner Thomas introduced this item and highlighted M"WInfordidi bn presented irffthe City Staff report dated November 20, 2012. She noted the backgrounS nd history. Member Piper inquired about the five ye..of the Prelimmaryr< Planned Development. City Planner Ridley explained that if the prdje -ct isl zoning of the property. He stated once the pr 6 Member Vanderpoel mgu red aft airport nois , a City Planner RidleyAta ed, =the indW airport noise eted in -Jive years the City will review to th, term is complete. nd new changes to flight plans. rements will not change. Kari Gill, Dakot ounty CDA dtsi usWAbe =s' e'And the need for the proposed project. She discussed ate d.pment 1,800 ff ili s on the waiting list for these developments throughout fhe C app oxima Fy 1,100 selected Eagan. She discussed income requirements for the leas d variils,Frent amounts. She discussed property management andns�te management _stated the project is proposed to be completed in December 2013. She stated there are 9Aiss imilafdevelopments in Dakota County, average size 30 units. 4 P =. Chair Heaney apexi?ed the J& hearing. Paul Streveler, 32501 , Memorial Highway, stated concern for access to the property via the private drive and discussed history of private drive repairs. He stated concern for additional traffic and safety concerns for children in the area. Jeff Poetter, 3270 Sibley Memorial Highway, stated concern that their private drive will be included in the project. Mike Swenson, 1650 Four Oaks Road, asked if criminal background checks would be performed on residents and the number of bedrooms in the apartments. Barb Miller, 3217 Donald Avenue, stated concern with the rezoning from R -2 to R -3. She also Ill Advisory Planning Commission November 27, 2012 Page 6 of 7 discussed the density of the development and stated if the CDA does not develop it, the property should return to lower density. She stated concern for property values, lighting, trails in the back of the development with a steep hill between their property and the proposed. She asked that the wooded area on the hill be groomed. Ron Miller, 3217 Donald Avenue, displayed a map illustrating the neighboring properties and discussed the history of his property and surrounding properties. He stated the rezoning is not necessary because the zoning can remain R -4 on the two smaller parcels and use R-2 on the larger parcel without a reduction in units. He stated he would like to make sure it does not go back to general business. .& Tom Koopman, 3240 Heritage Lane, stated concern with the grade change between his property and the proposed property and the townhomes eleva edsabsve, eye level with their home.�tt Ak xx Tim Green, 3225 Donald Avenue, stated concern with hi the Minnesota River Valley that will be greatly impacted by the development He her stated that it is 660aiave townhomes on both the front and back of his home's«` 4y There being no further public comment, Chair Heaney discussion back to the Commission. Ms. Gill discussed background checks d very seriously. Planner Thomas stated the analysis did not it the staff review only incluft4.3 acres in c hearing And turned the plicants and " stated the information is taken the private easement in that City Planner Ridley cla � ed only t, Richfield BIB ctop and two properties to the north are being considered and the�acce's's�drive will not change lor Ms. Gill addre 4. rezonmg=ofttle propty end stated it would be a more efficient and uniform developme t f omes t�tI ughout. Sii stated 28 units are proposed, 10 three - bedroorn its and 1 � oLbedrocirr! units. N� Kim fret , LHB, addreg- the bud #dmg height concerns. He discussed the grading and the goal to de the building -.the parking garage is semi - buried. He explained that the walk- out level is t o t below ridgy line for the east facing neighbors and six feet above ridgeline for others. He state 4-he ridgeline` of the furthest building is two feet higher than the grade. He discussed the trees ©bt the bill and stated those on the bank are not prime oaks but would be maintained as a mass\gtfantity unless trimming is desired. He stated they have worked with MNDOT regarding access requirements. City Planner Ridley discussed the retaining wall facing the property to the east. He stated standard lighting requirement is downcast lighting which will result in the source of any light not being visible to neighbors on the hillside. Mr. Bretheim discussed the retaining wall and five foot concrete sidewalk connection not exceeding a 5% slope, allowing mobility impaired residents and guests accessible entry to each building. IN Advisory Planning Commission November 27, 2012 Page 7 of 7 Member Piper moved, Member Jansma seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation of approximately 2 acres from HD, High Density to MD, Medium Density upon part of Government Lot 3, Section 9, Township 27, Range 23. All voted in favor. Motion carried 7 -0. Member Filipi moved, Member Vanderpoel seconded a motion to recommend approval of a Rezoning of approximately 4.3 acres from R -4, Residential Multiple and R -2, Residential Double to PD, Planned Development, legally described as Lot 9, Block -Id Letendre Addition No. 3 and part of Government Lot 3, Section 9, Township 27, Range 23 All voted in favor. Motion carried 7 -0. Member Supina moved, Member Filipi seconded a motio o recommerih4 . roval of a Preliminary Planned Development consisting of 28 �1(guriits upon t.: 3 acre site located east of Sibley Memorial Highway legally des ed as Lot 9, Block 1, ndre Addition No. 3 and part of Government Lot 3, Section 9, To. 27, 27, Range 23 , subje " the following conditions as amended: f f The owner and /or developer shall enter into a written Pia= ed Development Agreement with the City. The Agreement shall be uted and record th the County Recorder's office prior to issuance of a building perm��he following ex its are necessary for the PD Agreement. f 4 • Final Site Plan} • Final Building Elevations (including Gateboo) r • final Landscape Plan =x • Final Site Liahtina Plan • Final Signag.- 2. The Planned Develo t : ent sl Va h ave a 5- year'.0 ffi. 3. The construction of th awn +~f = - i s shall eet the sound attenuation requirements per the MetrQpa #ftrt Council y spo t t Plan. 4. The a I�caNt sh; [I protect e- preserved woodlands and individual tree's critical root zones "` Tree Protective measures i.e. orange colored silt fence throng the place t.o� requ�d* (' g 4 Qot polyethylene inatesa ety netting), to be installed at the Drip Line or at the periffi erg of the Critica' °_ of Zo e, whichever is greater, of significant trees /woodlands to be preserved on -site. �? 5. The applicant shall cont t the City Forestry Division and set up a pre - construction site inspection at feat five da prior to the issuance of the grading permit to ensure compliance with the approvedf Preservation Plan and placement of the Tree Protection Fencing. 6. The Developmeritll be responsible for installing on -site recreational amenities as depicted of the at moved Site Plan. A 25% credit towards the park dedication shall be granted for compliance. 7. The Development shall be responsible for a cash park dedication equivalent to 75% of a full cash dedication, assuming installation of the recreational amenities. 8. The Development shall be responsible for a cash trails dedication. 9. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion /sediment control devices and the establishment of vegetation for the 113 Advisory Planning Commission November 27, 2012 Page 8 of 7 development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. The first one -half inch of storm water runoff from any rainfall event shall be infiltrated or retained entirely on the site. At the City's discretion, new infiltration of the equivalent runoff volume can be accomplished by the applicant elsewhere within the same city sub - drainage district. 11. There shall be no -net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site. 12. This development's storm water facilities shall maintain predevelopment runoff rates for the 50 %/24 -hour storm, the 10 %/24 -hour storm, and the 1 % /24- hourfrsR 13. The applicant shall design and construct an effective retention /infiltration basin area i4 Z' immediately north of this parcel (1650 Four Oaks Road Vi i �h. the public drainage and utility easement, of sufficient size and capacity that coulf provi`r or the balance of the retention volume (1,911 cubic feet balance) needed to to 1 2,675 feet of retention of imnaniiniis ninnff 14. The applicant shall provide the City with a basin area, with data to a minimum of 6' beli commencement of site - grading. If the soil permeability for the submitted and reviewer design and /or construction plans to ensure §4 15. The applicant shall provide ad to pr forebays, etc.) to provide for rapt particles for all stormwater facilities th rede(� 16. The applicant shall provide the City as S ilt K facilities conform to design and /or construc volumes for retention shjgil be provided for all_ 17. The applicant shall }be rasp# ft ble for annutAf management features and forproviding the C 18. The applicant Mali &. responsible for acqui Department of Transpiir#etiorljfiarritjfor the I within the 13 right of =waylt app MnDOT t15cluding theft constructi�h )il 0oring log below each Qsed infiltration �r the lowestt�excavated elevation, prior to the feted ja Dongg log iftates incompatibility with soil design plans, tie applicant shall revise the 33 reg ents for volume control are met. treatments treet -side catch -basin sumps, asily -acres ruler cleanout of fine -sand sized direct impe rviousiunoff. an. that demonstrate constructed stormwater or�ptai; s aapproved by the City. As -built 'Vormwate:. ention facilities. nspection and maintenance of the stormwater documentation of these activities. i All outside agency permits, including MN posed access to Highway 13, and any work ,ant shall be responsible for any conditions of if a right -turn lane into the development, if 19. T nument sign shall meet CitMde requirements. 20. he ;= a Ian key shall Wrevised- identify 17 guest parking spaces per the plan. 21. The ra , rdens shall be `installed by the developer according to the guidance of the MN Pollution trot Storm Water Manual, and overseen and inspected by City staff at time of installation [so, the developer shall enter into a maintenance agreement, in a form acceptable to the -City - Attorney, providing for the long -term maintenance of these rain gardens. 22. The applicant shat submit a revised Lighting Plan to provide uniform lighting (average -to- minimum uniformity ratio not greater than 4:1), lighting of the back patios, within the tot lot areas and along the trails. 23. The applicant shall install No Parking Fire Lane signs on both sides of the private street, with spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal. 24. The applicant shall revise the Site Plan to relocate the four parking stalls across from Building 5. The parking stalls shall meet the 10' width requirement. 25. The revised Site Plan shall include a modified cul -de -sac that meets the 96' diameter required per the International Fire Code. The parking stalls located off of the cul -de -sac shall meet full depth requirements of 19'. IlLt Advisory Planning Commission November 27, 2012 Page 9 of 7 26. The Landscape Plan shall be revised to account for the relocated parking stalls adjacent to Sibley Memorial Hwy. 27. The applicant shall consult with City Staff and the Fire Department with restricting access to the private easement. 28. The applicant shall consult with the City Forester regarding tree conditions on the hillsides. All voted in favor. Motion carried 7 -0. 16, PLANNING REPORT CITY OF EAGAN REPORT DATE: November 20, 2012 APPLICANT: Dakota County CDA PROPERTY OWNER: Same CASE: 09- CG- 02 -10 -12 09- RZ- 09 -10 -12 09- PD- 05 -10 -12 HEARING DATE: November 27, 2012 APPLICATION DATE: Oct. 17 2012 REQUEST: Comprehensive Guide Plan Amendment, PREPARED BY: Sarah Thomas Rezoning and Preliminary Planned Development LOCATION: 3206, 3160 and 3170 Sibley Memorial Highway COMPREHENSIVE PLAN: HD/MD High/Medium Density ZONING: R- 4/R -2, Residential Multiple /Double SUMMARY OF REQUEST Dakota County CDA is requesting a Comprehensive Guide Plan Amendment to change the land use designation of approximately 2 acres from HD, High Density to MD, Medium Density upon part of Government Lot 3, Section 9, Township 27, Range 23. The CDA is also requesting a Rezoning from R -4, Residential Multiple and R -2, Residential Double to PD, Planned Development, and approval of a Preliminary Planned Development consisting of 28 dwelling units upon approximately 4.3 acres legally described as Lot 9, Block 1, Letendre Addition No. 3 and part of Government Lot 3, Section 9, Township 27, Range 23. Execution of the Planned Development Agreement will simultaneously constitute the Final Planned Development Agreement for the property. AUTHORITY FOR REVIEW Comprehensive Guide Plan Amendment: The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a ITO Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Page 2 city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long -range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Rezoning: City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. Planned Development: City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning district as follows: 1. Providing greater flexibility in environmental design and relaxation of strict application of the zoning ordinance in exchange for greater creativity and environmental sensitivity. 2. Recognizing the economic and cultural advantages that will accrue to the residents of a planned community. 3. Encouraging a more creative and efficient approach to the use of the land. 4. Encouraging the preservation and enhancement of desirable site characteristics, natural features, and open space. 5. Encouraging a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comprehensive Plan. BACKGROUNWHISTORY The site is located east of Sibley Memorial Hwy. The development consists of three separate parcels. The northern two properties were developed with single family homes. The southernmost property was commercially developed. The former Richfield Blacktop building predated 1950 but was operated as a grocery store until the 1960's when approval was given to rezone the property from residential to commercial. The site then operated as a gasoline service and repair station with approval of a CUP until the 1990's when Richfield Blacktop acquired the site and operated a landscape, auto repair and truck rental business with approval of CUP's. The Richfield Blacktop business closed in 2010, the property was purchased by the CDA, and the buildings were razed in mid - November of 2011. qI Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Paae 3 EXISTING CONDITIONS The three properties cumulatively consist of approximately 4 acres. A single family home, constructed in 1952 is present on the northern parcel. The former home located on the middle lot has been demolished and the lot is now vacant. A commercial business previously operated from the southern lot; however, the buildings have been removed from that property as well. The site is generally wooded and there is a large variation in elevation within the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — Dakota County CDA is proposing a 28 -unit workforce housing townhome development. The development consists of 2, 4 and 6 -unit buildings. Site amenities include two gazebos and two play structures. Each unit is provided with a single -stall garage, additional visitor parking is provided throughout the site. A trail runs internally along the rear of the development. The applicant's narrative indicates the site will be developed and managed by the CDA in conjunction with a private partner which provides approximately 60% of the project financing. Com atp ibility with Surrounding Area — The applicant's narrative describes the proposal as "a good location for residential" that is compatible with the existing residential development south of the subject property. The development is proximate to a wide range of housing options including single family, twin homes, townhomes and apartments. Airport Noise — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has adopted an Aircraft Noise Zone Overlay District in the land use regulations of the City Code in accordance with the Metropolitan Council's 2030 Transportation Policy Plan, Appendix M (Land Use Compatibility Guidelines for Aircraft Noise). m Existing Use Zoning Land Use Designation North Single F ily Home R -4, Residential Multiple HD, High Density East Single Family Homes R -1, Residential Single LD, Low DensiLy South Single Family Home R -1, Residential Single LD, Low Densi West Sibley Memorial Hwy/Ind strial I -1, Limited Industrial IND, Limited Industrial EVALUATION OF REQUEST Description of Proposal — Dakota County CDA is proposing a 28 -unit workforce housing townhome development. The development consists of 2, 4 and 6 -unit buildings. Site amenities include two gazebos and two play structures. Each unit is provided with a single -stall garage, additional visitor parking is provided throughout the site. A trail runs internally along the rear of the development. The applicant's narrative indicates the site will be developed and managed by the CDA in conjunction with a private partner which provides approximately 60% of the project financing. Com atp ibility with Surrounding Area — The applicant's narrative describes the proposal as "a good location for residential" that is compatible with the existing residential development south of the subject property. The development is proximate to a wide range of housing options including single family, twin homes, townhomes and apartments. Airport Noise — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has adopted an Aircraft Noise Zone Overlay District in the land use regulations of the City Code in accordance with the Metropolitan Council's 2030 Transportation Policy Plan, Appendix M (Land Use Compatibility Guidelines for Aircraft Noise). m Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Page 4 New construction as defined within these regulations is subject to noise attenuation requirements to limit negative impacts of aircraft noise on residents and inhabitants of structures located within established noise zones. In addition, the City of Eagan has elected to establish a one -mile noise buffer zone as an extension to Zone 4 to provide additional noise protection for sensitive uses. The City's adopted Comprehensive Guide Plan currently designates the subject site as HD /MD, High/Medium Density. If the City determines that medium density residential uses are appropriate on this site, City Code and regional policy provide guidance in gauging whether such uses can be compatible, provisionally or conditionally acceptable, or inconsistent. Based on adopted Aircraft Noise Zones, the site is located within the one -mile Noise Buffer. Single and multiplex residential uses with individual entrances are considered Conditional Uses within the Noise Buffer Zone and must meet the following land use review factors identified in the Metropolitan Council 2030 Transportation Plan - Appendix L: 1. Proposed construction design will provide outdoor to indoor attenuation required by structure performance standards in Table M -3. The table indicates the interior sound level standard for residential uses is 45 dBa. New residential construction as proposed will require a minimum 19 dBa noise reduction within the Buffer Zone. 2. Is the site located under a major departure flight track used by jets? The site lies 2.5 miles southeast of the parallel runways at MSP. Significant fanning of takeoff flights over Eagan reduces direct noise impact under or adjacent to any major departure flight tracks. Therefore the proposed use should be considered compatible with this factor. 3. Is the site located parallel to a primary runway used by jets? The subject site is not located parallel to a primary runway. 4. Is the site located parallel to a runway to be used for unshielded engine run -ups? The subject site is not located parallel to a runway used for unshielded engine run -ups. 5. Is the proposal consistent with adjacent land use ambient noise; and is it consistent with the overall comprehensive plan? A comprehensive guide plan amendment is proposed to permit residential uses on the site. 6 Has the local government adopted an effective method to inform future occupants of aircraft noise exposure? The noise contours are shown on the City's Zoning Map and on the Land Use Map within the City's Comprehensive Guide Plan. Planned Development Zonin$ — The Planned Development zoning district allows the developer to have greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Paae 5 For evaluation purposes, the typical zoning district standards for the proposed use housing types are used as a basis for comparison for the proposed Planned Development. The proposed development is townhomes, therefore, the R -3 zoning standards will be used for the evaluation. Term — Staff suggests a five -year term for this Planned Development, Public Benefit — The narrative lists several benefits of the proposed rezoning and Planned Development including providing affordable housing in the community for workers of modest means and the benefits associated with such affordable housing such as workers that fill service, retail and manufacturing jobs that support a vibrant local economy; greater school success for children when their families have affordable housing and do not move as often; families have more to spend on other life necessities such as food, medical and transportation when housing is affordable. Also the narrative states that families in affordable rental housing are more likely to save money for a down payment and purchase their first home. Conforming Plan — The applicant provided a conforming plan which identifies 36 apartment units on the northern two parcels which would be allowed through R -4 zoning. The southern parcel identifies 13 twinhomes, which would be allowed through R -2 zoning. The Conforming Plan scenario would allow a total of 49 units on the 4.3 acre parcel versus the proposed 28 unit development. Units /Density — The proposed development consists of a total of 6 two - bedroom units, 4 three - bedroom units, and 2 two - bedroom accessible units for a total of 28 units. The proposed 28 -unit development results in a gross density of 6.4 units per acre (28 units / 4.37 acres). Site Plan — The Site Plan shows 28 townhome dwelling units. The site design is constrained by significant topography. Access to the site is from Sibley Memorial Hwy (Hwy 13) a public street. Access to Letendre Street to the south is also available via a private drive and easement across 3250 Sibley Memorial Highway and 3270 Highway 13. Streets within the development will be private. The buildings are centrally located on the site with trails throughout. Recreational site amenities include "tot lots" and gazebos. A project identification sign is proposed just east of the entrance from Sibley Memorial Hwy. A sign exhibit is included as a condition of approval for the PD Agreement. Setbacks — Required minimum structure setbacks are 50 feet from Sibley Memorial Hwy. R -3 zoning also requires a 30 -foot setback from the perimeter of the development site. Perimeter setback requirements are satisfied. Proposed front setbacks to the curb are 22 feet throughout the development, sufficient depth for off - street driveway parking. This is a deviation from typical code standards, which would require minimum setbacks for private streets of 20 -feet for a dead end and 25 -feet for a through street. I. Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Paae 6 In addition, a minimum setback of 20' is required between buildings in R -3 zoning; this requirement is met. Building Coverage and Green Space — The City Code sets a maximum building to lot area ratio of 20% for R -3 zoning. The development proposes a building coverage ratio of approximately 24 %. This is a deviation from typical code standards. While the City Code does not specify a minimum green space in the R -3 zoning district, this development proposes 66.6% green space, which includes the steep, unbuildable portions of the site. Off - Street Parking — City Code requires two parking stalls for each dwelling unit, one of which must be enclosed. This development has a single -stall garage for each unit, plus one stall off - street driveway parking for each unit. Between the garage and driveway parking, the City Code standard is met. Additional off - street parking for guests and visitors is also provided in several locations throughout the development and totals 17 stalls (Site Plan key notes 13 stalls and should be revised). Four of these stalls are located within the 20' setback which is required from a public street as well as the 10' drainage and utility easement. The southern portion of the private street is also within the 20' setback and 10' easement. This is a deviation from typical code standards. Parking stalls are proposed to be 9' wide by 18' deep. The four stalls adjacent to Sibley Memorial Hwy are proposed to be 8' wide. These are deviations from the City Code standard of 10' x 19'. A 9' stall width has been utilized elsewhere in the City and may be acceptable as these provide additional parking stalls over the required amount; however, the 8' stalls could interfere with the 24' private drive and should be relocated further north on the property across from Building 5. These stalls should meet the full 10' width requirement. Due to the length of the private drive (excess of 150 feet), the cul -de -sac should be revised to meet the International Fire Code requirement. The full radii should be 96' and the parking stalls located off of the cul -de -sac should meet full length stall requirement size of 19' so as to not encroach into the required radius. Recreation Space — The City Code requires townhome and apartment developments to provide a minimum recreation area of 200 square feet for each unit containing two or fewer bedrooms, and an additional 100 square feet for each unit containing more than two bedrooms. Using this standard, a total of 4600 sq. ft. of recreation space would need to be provided within the site. The recreational amenities include tot lots and gazebos. This area combined is approximately 4,369 sq. ft. which is 231 sq. ft. less than required. Grading/Topog_rgphX — The preliminary grading plan is acceptable. The site is generally wooded and there are large variations in the elevations on this property. A majority of the site is proposed to be graded. — RM Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Page 7 All erosion/sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/sediment control devices and the establishment of vegetation for the development should have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota or approved equal training as determined by the City Engineer. Storm Drainage /Water QualitX — The preliminary storm drainage plan is acceptable with some modifications. A majority of the storm water runoff leaving the site will be directed to an existing storm sewer and storm basin along Highway 13 that ultimately drains to the Minnesota River. This property is subject to the City's post construction code requirements for storm water management and surface water quality. The modeling submitted with this proposal indicates that the storm water management (infiltration basins) will meet City code requirements for pollutant control and runoff rate control, but does not meet the volume control requirement (2,657 CF total retention). In order to meet the volume control requirement, there is an off -site storm water basin area immediately north of this parcel (located upon 1650 Four Oaks Road property), with a public drainage and utility easement of sufficient size and capacity that is available for excavation and expansion by the developer to provide for the required balance of the retention volume (1,911 cubic feet balance). In addition, the applicant is proposing to install rain gardens to address volume reduction. The rain gardens should be installed by the developer according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. Also, the developer should enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long -term maintenance of these rain gardens. Wetlands — There are no wetlands on this parcel. Therefore, Eagan's Wetland Protection and Management Regulations (City Code § 11.67) does not apply to this development. Utilities — The preliminary utility plan is acceptable. Existing sanitary sewer and water main run along Highway 13 adjacent to the site and are available for connection and extension by this development. A large high - pressure Northern Natural Gas main pipe also runs along the Highway 13 right -of- way in the east ditch line. The developer will need to coordinate its utility and grading work with the gas company. Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Paae 8 Streets /Access /Circulation — The development is proposed to be served internally with private streets /drives with street access to Highway 13 at one location, in direct alignment with Terminal Drive. The northern portion of the private street is located within a Northern Natural Gas Company pipeline easement. The developer is subject to terms of the private easement. Street access to Letendre Street to the south is available via private drive and easement across 3250 Sibley Memorial Highway and 3270 Highway 13. This development property is subject to terms and conditions provided for in the private easement. Easements /Permits /Right -of -WU — The developer should be responsible for acquiring all outside agency permits, including MN Department of Transportation (MnDOT) permit for the proposed access to Highway 13 and any work within the Highway 13 right -of -way. The developer should be responsible for any conditions of MnDOT permit, including the construction of a right -turn lane into the development, if required. Fire Protection — To provide and maintain emergency vehicle access, No Parking Fire Lane signs should be installed on both sides of the private street with spacing every 100 feet apart, per the International Fire Code. Landscapes — The submitted Landscape Plan shows evergreen and shade trees (white pine, bur oak and maple) lining the streets and foundation plants at each building consisting of perennials (daylily, hosta) and shrubs (juniper, yew, dogwood and viburnum). Additional shade trees (red oak) are located along the trails. Ornamental trees (crabapple) are located behind each patio. The row of white pines along the west edge of the site is used to establish a vegetative screen between the development and Sibley Memorial Hwy. The Landscape Plan should be revised to account for the relocation of parking stalls in this location. The Landscape Plan includes preservation of existing significant trees and wooded areas in the northern portion of the site, and reestablishing ground cover in disturbed areas. Tree Preservation — This development application's tree preservation is considered on a single - lot, single -phase type of procedure. Per the City of Eagan Tree Preservation Ordinance allowable tree removal for this type of development proposal is set at 30 %. A tree inventory submitted with the application indicates there are 62,931 square feet of significant Woodlands and 72 significant trees currently existing on site. According to plan submittal, significant woodland and significant tree impacts will result in the removal of 9,250 square feet of significant woodlands (15% of the total) and 49 significant trees (68% of the total). Because the proposed combined removal of significant woodlands and significant trees removal is less than allowable there is no required tree mitigation. Architecture and Exterior Materials — The buildings are two stories with a pitched gable roof. The unit mix provides both two and three bedroom units. This provides variation in the roof lines and building fagades since each building contains a mix of two and three bedroom units. The two accessible units are single story and are located within their own building. Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Page 9 City code requires that all exterior vertical surfaces of a building have an equally attractive or the same finish. Exterior materials consist of siding with asphalt shingles. The building elevations show shakes and louvers in the gable roof features. Brick is used around the garages on the front elevations, and also on the rear elevations to mimic the front. A color palette for the materials was not provided. Each unit has an individual entrance from the outside, and from inside the garage. Each unit will also have a patio. Site Lighting — The City Code requires that site lighting be provided as is necessary for security, safety and traffic circulation. Lighting shall be indirect and diffused and shall not be directed upon public rights -of -way or adjacent properties. Site lighting is provided along the private street. One light pole is also located to the rear of the site, near the northern rain garden. Average light levels range from 1.0 to 11.0 footcandles. This variation is quite large. The applicant should revise the plan with additional lighting to provide uniformity with an average -to- minimum uniformity ratio not greater than 4:1. This will provide better illumination to both the entrance to the development as well as guest parking stalls. The photometric plan shows light levels dropping to <0.5 at the perimeter property lines. Additional illumination of driveways and entrances is expected from lights that will be mounted on the buildings; however, the lighting plan does not identify building mounted lighting on the rear of the structures. The revised plan should include illumination of the back patios. The applicant should also provide lighting within the tot lot areas and along the trails. This is included as a condition of approval. Parks and Recreation — The Park Dedication for the proposed development should be met through a combination of a cash dedication and credit for the inclusion of significant recreational amenities within the development. The Park Dedication Policy allows for a credit of up to 25% towards the final dedication for the provision of recreational amenities that will reduce the demand for public recreational facilities made by the residents of a new development. The proposed development includes multiple playground structures,' gazebos and gathering spaces appropriate for the intended user groups. Because of the location of the site, access to existing park facilities is limited thereby giving value to the proposed on -site recreational improvements. The balance of the park dedication should be satisfied with a cash dedication equivalent to 75% of a full cash dedication. The development should also be responsible for a cash trails dedication. The dedication is payable with the issuance of the first building permit at the rates then in effect. The 2012 rates are $3,458 per unit for parks and $250 per unit for trails. Financial Obligation — At this time, there are no pending assessments on the parcels proposed for platting. RM Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Page 10 Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of Final Plat or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or platting. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the Final Subdivision or Plat, with due allowances for easements and right -of -way required with the Plat: Improvement Use Rate Quantity Amount Sanitary Sewer Trunk TH $2,800/ ac 4.4 acres $12,320 Water Trunk TH $2,950/ ac 4.4 acres $12,980 Storm Sewer Trunk R4 $0.160/ sf 191,664 sf $30,670 Total $55,970 SUMMARY /CONCLUSION In summary, Dakota County CDA is requesting approval of a Comprehensive Guide Plan Amendment from HD, High Density to MD, Medium Density, a Rezoning from R -4, Residential Multiple and R -2, Residential Double to PD, Planned Development, and a Preliminary Planned Development approval for a 28 -unit townhome development upon 4.3 acres located east of Sibley Memorial Highway, legally described as Lot 9, Block 1, Letendre Addition No. 3 and part of Government Lot 3, Section 9, Township 27, Range 23. The project consists of six buildings containing 28 units. Each unit has an attached single -stall garage and separate entrance. Additional guest parking areas are provided throughout the site. Site amenities include "tot lots" and gazebos. Trails are proposed throughout the site. The development would combine three parcels. The northern two parcels have been residential while the southern parcel was commercial, most recently occupied by Richfield Blacktop. There are a variety of other residential uses in the vicinity. Execution of the Planned Development Agreement will simultaneously constitute the Final Planned Development Agreement for the property. ACTIONS TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation of approximately 2 acres from HD, High Density to MD, Medium Density upon part of Government Lot 3, Section 9, Township 27, Range 23. To recommend approval of a Rezoning of approximately 4.3 acres from R -4, Residential Multiple and R -2, Residential Double to PD, Planned Development, legally described as Lot 9, Block 1, Letendre Addition No. 3 and part of Government Lot 3, Section 9, Township 27, Range 23. V� Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Page 11 To recommend approval of a Preliminary Planned Development consisting of 28 dwelling units upon the 4.3 acre site located east of Sibley Memorial Highway legally described as Lot 9, Block 1, Letendre Addition No. 3 and part of Government Lot 3, Section 9, Township 27, Range 23. If approved the following conditions shall apply: 1. The owner and /or developer shall enter into a written Planned Development Agreement with the City. The Agreement shall be executed and recorded with the County Recorder's office prior to issuance of a building permit. The following exhibits are necessary for the PD Agreement. • Final Site Plan • Final Building Elevations (including Gazebos) • Final Landscape Plan • Final Site Lighting Plan • Final Signage Plan 2. The Planned Development shall have a 5 -year term. 3. The construction of the townhome units shall meet the sound attenuation requirements per the Metropolitan Council Transportation Policy Plan. 4. The applicant shall protect the preserved woodlands and individual tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees /woodlands to be preserved on -site. 5. The applicant shall contact the City Forestry Division and set up a pre - construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 6. The Development shall be responsible for installing on -site recreational amenities as depicted of the approved Site Plan. A 25% credit towards the park dedication shall be granted for compliance. 7. The Development shall be responsible for a cash park dedication equivalent to 75% of a full cash dedication, assuming installation of the recreational amenities. 8. The Development shall be responsible for a cash trails dedication. • Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Paee 12 9. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/sediment control devices and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 10. The first one -half inch of storm water runoff from any rainfall event shall be infiltrated or retained entirely on the site. At the City's discretion, new infiltration of the equivalent runoff volume can be accomplished by the applicant elsewhere within the same city sub - drainage district. 11. There shall be no -net increase, compared to existing conditions, in the amount of Total Phosphorus (TP) and Total Suspended Solids (TSS) leaving the site. 12. This development's storm water facilities shall maintain predevelopment runoff rates for the 50 %/24 -hour storm, the 10 %/24 -hour storm, and the 1 %/24 -hour storm. 13. The applicant shall design and construct an effective retention/infiltration basin area immediately north of this parcel (1650 Four Oaks Road), within the public drainage and utility easement, of sufficient size and capacity that could provide for the balance of the retention volume (1,911 cubic feet balance) needed to total 2,675 cubic feet of retention of impervious runoff. 14. The applicant shall provide the City with a soil - boring log below each proposed infiltration basin area, with data to a minimum of 6' below the lowest excavated elevation, prior to the commencement of site - grading. If the soil - boring log indicates incompatibility with soil permeability for the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure §4.33 requirements for volume control are met. 15. The applicant shall provide adequate pre- treatment (street -side catch -basin sumps, forebays, etc.) to provide for capture and easily - accessible cleanout of fine -sand sized particles for all stormwater facilities that receive direct impervious runoff. 16. The applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes for retention shall be provided for all stormwater retention facilities. UK Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Paae 13 17. The applicant shall be responsible for annual inspection and maintenance of the stormwater management features and for providing the City documentation of these activities. 18. The applicant shall be responsible for acquiring all outside agency permits, including MN Department of Transportation permit for the proposed access to Highway 13, and any work within the Highway 13 right -of -way. The applicant shall be responsible for any conditions of MnDOT permit, including the construction of a right -turn lane into the development, if required. 19. The monument sign shall meet City Code requirements. 20. The Site Plan key shall be revised to identify 17 guest parking spaces per the plan. 21. The rain gardens shall be installed by the developer according to the guidance of the MN Pollution Control Storm Water Manual, and overseen and inspected by City staff at time of installation. Also, the developer shall enter into a maintenance agreement, in a form acceptable to the City Attorney, providing for the long -term maintenance of these rain gardens. 22. The applicant shall submit a revised Lighting Plan to provide uniform lighting (average - to- minimum uniformity ratio not greater than 4:1), lighting of the back patios, within the tot lot areas and along the trails. 23. The applicant shall install No Parking Fire Lane signs on both sides of the private street, with spacing to be every 100 feet apart, in a form acceptable to the City Fire Marshal, 24. The applicant shall revise the Site Plan to relocate the four parking stalls across from Building 5. The parking stalls shall meet the 10' width requirement. 25. The revised Site Plan shall include a modified cul -de -sac that meets the 96' diameter required per the International Fire Code. The parking stalls located off of the cul -de -sac shall meet full depth requirements of 19'. 26. The Landscape Plan shall be revised to account for the relocated parking stalls adjacent to Sibley Memorial Hwy. v Location Map Project Name: Riverview Ridge Townhomes Request: Comprehensive Guide Plan Amendment, Rezoning, Preliminary Planned Development Case Nos.:09- CG- 02- 10 -12; 09- RZ- 09- 10 -12, 09- PD- 05 -10 -12 City of Eagan ' I Feet 500 1,000 2,000 Legend OParcels Buildings /\ } �1 Parks City Boundary N Current Zoning and Land Use Map City of Eap Application: Riverview Ridge Townhomes Type: Comprehensive Guide Plan Amendment; Rezoning; Preliminary Planned Development Case No.: na_R7_na_i n_,i o• no OM nC A n An ZOning R -2 Residential Double District R -4 Residential Multiple District Land Use Plan MD Medium Density HD High Density Z\ N 0 300 600 1,200 r__i P .............. , I / Ri _1 i E Subject Site ,.., i RD P �` \ I -- R-4 rri:» tyjm.y ..� R -2 ....� f `�.1� 1 -- —R1 - R -3 R 4 i D All D - O _ ................. ... ...... ......... LD" .._..........._ IND Subject Site K QP HD \` ~� MD Q Jh _ M - 1ND r J 6— L M D H D M CIO WY-ATHMW "-AMM SURVEY / I I: Am •7 o ' £ ° / " Ex1E OF IHE W 12 OF 1/2 OF THE S'N 1/i OF SEC. 9 rri a �� mj•. �i g _ •\ y � m m g 8 Vl ( I, j y>:4 W y5 CO CQ � A F a • 'soo 7413 �� A 1 � _ a6a r S N " � 5 �£�• A A�� oa =Q R O DCNiu➢ AK� n C) = D n s • \S% .3 �BY Op0f�SeM \p BNr 4 � • f'�Ogj �Wq y ... 5 C y Se mng�!on � 0 5 133 - � O o SL ^,3R8 f D Ido < 2 "fie Nf3 v :35"'os' <w� 0330 SS s • \S% .3 �BY Op0f�SeM \p BNr 4 � • f'�Ogj �Wq y ... 5 C y a � f 8 x PLAT I `am 'EST LINE OF THE W 1/2 OF THE 'N 1/2 OF THE SYI 1/! OF SEC. 9 � \ o � Np3 I N 00'3613" It g {� SJ 44.05 osa W I� z IQ� m C/)D I =Y CO m m� a m saoi o € z�°o "o D A ,T'Oj �C mZ o� m� :U D ;u G) 5 D m Z r :D Z p G) m n Ul . J \ 1` \ i T` si o g;o Z saa m (A RTt R a gam$ 8 A F N 1371 o � OJ, f \ -` tag v8 \ \ !�o \ \I I \ \ a c d a� s e s \ -` tag v8 \ \ !�o \ \I I \ \ SITE PLAN ON M Y.A ~ �� � ` \ ❑ 33 /` m - W -H }\ §� }/ it cn - G2 \ /\����� ell 0 C) 94 ~ �� � ` \ ❑ 33 /` m - / }\ it cn CONFORMING PLAN 0 .......... ...... I'll, .. ......... -4hh 1H i111111HED nip- 3 m 'T t ...................... ...... ......... Zfo 03 ... .. ...... ... . . ... ........... v 0 cn nip- 3 m 'T Zfo v 0 GRADING PLAN 4, L p �a WEST L THE 1'! 1/2 OF THE'- \\ _ � W I/? OO OF 7H E SW I/J OF SEC. 9 o '00 41 1s �: 3', ;i' ,- .�T•:' 4ir`: z \ o'er - OpC;fASPA! aooiF \8q�p CO aq if i \tea, F� �� � :g Y �, � rl 1. 5.1a:, 't __. \\�, , -•v. RR. CO R :.?1�1pi:.:':: h _ $ ? �f OF pCf!'NC'Y4lLq�t a�'• m dl /3J • x82 ! g• €!.# aJ l z °0g5�ry/ (:. No i r���\yrraAm zpami I I b o irll:T m N A - °q 'o C) AZ Sao c _ 4 b _ _ $ oga�m A> Z �� o g �9�m a8�n o g N �m Agg °S >`� gpso f?1 FAD o - m C - _ - .. �. ., :. >•: ¢ g z °' y f�*1 `� v w m o ° ^sa o m o$U, A^ z om - $ m m Z S ch i o E 0$ ;+g 2.1 S o n FI A j5 5' KF : y� n � - - Como �� g� ;:�3e � i— IS • - ' - Tomg y� W $ ro UTILITY PLAN BEST LINE Cr THE W I.'^- OF V1 I/'? OF THE SW 1/4 OF SEC 9 ' •I1 I� °5� ry ° roa � e¢3 Z QTR \ ' N O y C Z $ "m� O q I� u I I I �1 I� 88 I R R L2 N I R NOD n AVENUE — C C Z A D D 5 Z rrl ZA Z � m m l l 9 oan \ \ R i \ \ 5 \ x '' m o m F o maA ^ m S$�'HiT �m yg x 91 a ^y - G 5 $ L v v ""q ycxm a mza m iF$oi� �y cod g r a m 9 z. s12 � 22 a N s, n A ^,o om 9 cn , y , nmS " $ m $ �: z xa� Nsn F By pOC Np MFNT \ fgN4 qNE i Fci9 pmt < x i P P i I I m b m 3 m I m 2P 5d 2 p m � .9 R b 4 $ LANDSCAPE PLAN a S� 5-- S —I m 0 C m m c� m Z O ❑ A s� ��m "N� O ❑ a' Z mZ= f 9 a P m RB�m °�a €o s < r Zn WI=NoR m oe�A3��R! co F n o Qa i mm y�j §I a' N Box : >`£% �yom3�, E x I °;x, —I m 0 C m m c� m Z O ❑ �� �=Zp + ��m "N� O ❑ a' Z mZ= f 9 a P m RB�m °�a €o s < r Zn WI=NoR m oe�A3��R! co F Fri y�j Box : >`£% �yom3�, E x � oambo QNKTOU 8 wasp �_R�P�� I �c5 6"a3 ;ld 02 n$�y" �mo o zU —I m 0 C m m c� m Z O ❑ �� �=Zp ��m a' Z mZ= f 9 a P m s < r Zn m m F y�j I —I m 0 C m m c� m Z O ❑ �� �=Zp ��m a' Z mZ= f 9 a P m s < r Zn m m F y�j TREE INVENTORY tiZ WEST LINE OF THEW 1/2 OF W 1/2 OF THE SW 1/4 OF SEC. 9 t x S4 a \ R,eEM MEND Pqh, L ci C � I ;q t• t S rT Z £ m O x 361.97 Q 1 �• a„ 4 ZJ Z t 9i' F \r s U 90 �m $ N Z =n0 $ X100 NOD n .Z4 m m z eC8 �ggg� O :O oo o D A Z Z Q m ° P °n >^ 00 0 0 a = � l KMQ ��ApF•�q�J• -\\ \ ENO sNE f"y C 1 S � \NC�CZ��MEN) I - 4 f 4` -J .. e x �,q E \ J a 4 '�STgo A , I \�� ;fig \pppeNOMf a fp o S \ S S4 a \ R,eEM MEND Pqh, L ci C � I ;q t• t S rT Z £ m O x 361.97 Q 1 �• a„ 4 ZJ Z t 9i' F \r s U 90 �m $ N Z =n0 $ X100 NOD n .Z4 m m z eC8 �ggg� O :O oo o D A Z Z Q m ° P °n >^ 00 0 0 a = � l KMQ ��ApF•�q�J• -\\ \ ENO sNE f"y C 1 S � \NC�CZ��MEN) I - 4 f 4` -J .. e x �,q E \ J a 4 b A S S 5`�fEY! I I Q o� S ue TREE PRESERVATION PLAN (Sle�erT� ti� McMORrq< \r N\._ \y FNr�Hf � p8 � —I -I N g 88 - 3 •- Ri Ri I I I 1 4 m 1pA 'C �y 111 o i -O 2 Cl) n 3 a v 3 lil _ ® $ maw oil 11 1 11 � p8 � —I -I N g 88 - 3 •- Ri Ri � F 4 m 1pA 'C �y o i -O 2 Cl) n 3 a v 3 Z _ ® $ maw 4Q �m e mad 3 ap n0 c m ZNp mzx �u G') F 2�(n ME: b U' Y 3t s 3 5� y' 3 & u Ao e s 9 ` a X3 x s c °s Ew F E x i a T AO o 3 �A z g Zm Ri Ri � F 4 m 1pA 'C n0 c m ZNp mzx �u G') F 2�(n ME: b U' Y 3t s 3 5� y' 3 & u Ao e s 9 ` a X3 x s c °s Ew F E x i a T AO o 3 �A z g Zm O im LIGHTING PLAN flM M D=OZE C-- M Q 22 i 9A i3 cn 0 G) nap M FLOOR PLANS BLDGS 1 -2 f' .......................... ................. n ,W aA z 9C N N Z G7 a N m 1 V °s Z V `(J _.........- rrr ...ur ..` ................ t' ......................_ U a4'�"'a -v4 a' W a C D � Idol awe, O V ! �l ...................................... m� F,A v "� 5g5ppffi nm � m8 m m� eg aA 9C O Z G7 N N O n 0 y Wb cA ."Lml n. ff 0 El NEI H n:�p 3 CA l r '� A ng� 2: a C D � Idol awe, O V ! �l ...................................... m� F,A v "� 5g5ppffi nm � m8 m m� eg M-1 O s ohm y Wb cA ."Lml n. ff y� El NEI H n:�p 3 CA l ! '� am ng� 2: O�.��jj 4 �m ia�7) � �� cy PSr 333T ''tmn� M ►r• S p� Hes. as � d� 3?c y° a y :Am " m u9 s.. alp Y N iy ✓ m A 3 a Z� M-1 FLOOR PLANS BLDGS 3-5 ' .................... 0 U I Ep o. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . !z . . . . . . . . . . . . . . . . . P In ek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - CD C40 C40 O U I Ep ek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - CD C40 C40 az J. 3: P ...p... § D° FLOOR PLANS BLDG I -C ............ ............. )\ � ■! 9 §| ]§ \� !! _ ................................................ ... ................. ..............................] El 9� \ /\ }� \ \ =\ _$$; ELEVATIONS BLDGS 1 -2 ............. ...................... 8 .................. . . . . . . . . . . . . . . . L HIM 1411-pingUm Q5 ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'itsZ 2,2 MEET= R. PBI� 0, FA - ol 10S o � .1 1 ! .1111 ..III .�. . . . . . i . . 1 .I �r�_ .� 4 _ . . . . . . . . . . . . . . . . . _ II f; P1 I I III 114 I IIII III III! II ° it ll!' I� 323g4q p� R=� .�,3 ?�al�g MI and I�IIiiMINA �Iluiwu■nuo��u�o�� ........................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y . 0 3 o g ELEVATIONS BLDGS 3 -5 0 �W °o z� y JA O � m a 9 9 £ lw IA � T ' � I2 I� i q e ' I • S 6 9 N a................._ s e q e' . .1 1 ! .1111 ..III .�. . . . . . i . . 1 .I �r�_ .� 4 _ . . . . . . . . . . . . . . . . . _ II f; P1 I I III 114 I IIII III III! II ° it ll!' I� 323g4q R=� .�,3 ?�al�g MI and ........................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y . 0 3 o g d W d c A z mA a 2< Z� g' O� 8- .• Ll N m Z z 'C �1 •�P1 _- i _ C 9 Z m ELEVATIONS BLDG -... [ .......................... ........................ | , ! , . , , . . i , . . gRez�a +2s : []! : | ! ;p co co f §)]| - p n; % - §d f 21 R g \ \\ /P7 NARRATIVE Riverview Ridge Townhomes — Rezoning Narrative The proposed Riverview Ridge development is the redevelopment of 3 existing parcels; the parcels would be replatted into one larger parcel with consistent zoning. The former Richfield Blacktop site was acquired and the buildings were demolished which eliminated an incompatible use in the neighborhood. The proposed Planned Development will change the use from Residential Multiple (R4) and Residential Double (R2) use to an overall zoning of Residential Townhome (R3). This revised residential zoning is an appropriate use with the existing uses in the area. The area is a good location for residential and is compatible with the residential south of the subject property. With the existing zoning, up to 49 units would be permissible on the 4.372 combined acre site. However, 28 townhome style units are being proposed. The townhome zoning is a better transition with the nearby single family properties than a 3- story apartment building and allows for a much nicer site plan. The southerly parcel (former Richfield Blacktop site) is currently zoned R2 (Residential Double) and allows 13.62 units. (The proposed site plan shows twelve units plus a portion of a 6 unit building is located on this portion of the site.) The northerly two parcels are currently zoned R4 (Residential Multiple) and would allow a 36 unit apartment building. The existing site conditions were taken into account as the site plan was prepared and the rezoning should work very well on this site when the parcels are combined and replatted. The proposed rezoning and planned development has taken into consideration the existing roads, topography, and trees on the site. Existing utilities service the site and would be extended to service the townhomes. The current entrance and service road into the site will be used. Rain gardens are being utilized on the site. The applicant believes that the proposed rezoning will result in a better use of the site. This site will work well for workforce townhomes and will provide a valuable resource to an area with many jobs nearby. The proximity to industrial, commercial and retail options makes it a very good location for housing. The City of Eagan and the public will benefit from this proposed rezoning by providing housing that addresses the following: 1. Workers of modest means will have housing they can afford. 2. For Eagan to have a vibrant economy they need to have a supply of workers to fill service, retail and manufacturing jobs. 3. That there is a direct relationship to affordable housing and children having greater school success; this is because they are less likely to move as often. 4. Families who have affordable housing have more income to spend on other life necessities e.g. food, medical, transportation, etc. 1-- 5.Families in affordable rental housing are more likely to save money for a down payment and purchase their first home. The demand for affordable workforce housing in Eagan is very strong with over 500 applicants waiting for a two - bedroom unit and over 650 for a three - bedroom unit. Of the approximately 1,800 households on our waiting lists for affordable workforce housing in Dakota County, 1,100 of these households are on the waiting lists for our two existing Eagan developments. 4y) a's EW U NARRATIVE Riverview Ridge — Comprehensive Guide Narrative The site is comprised of three parcels which are proposed to be combined into one new lot with consistent zoning. One parcel has a Medium Density designation and two parcels have a High Density designation in the Comprehensive Guide Plan and the current zoning is R -2 Residential Double and R -4 Residential Multiple. The zoning classification proposed is Planned Development for medium density residential townhomes; which would require a minor amendment to the Comprehensive Guide Plan. The proposed overall medium density zoning would result in an average density that is less than what could be built on the combined parcels with the current zoning. The conforming plan submitted illustrates that a 36 unit apartment could be constructed on Parcel B (zoned R -4) and 13 twinhomes could be constructed on Parcel A (zoned R -2). The proposed use is a 28 unit housing townhome development. The surrounding land use is single family with a townhome development east of the single family homes. Highway 13 is to the immediate west with industrial uses west of Highway 13. Developing the site with one uniform townhome development will make for a much better site plan and will be more compatible with the neighborhood. The Dakota County CDA began developing affordable family housing in 1992. Since then, 19 workforce housing developments have been completed providing 623 affordable rental townhomes for working families. These developments are located in the cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount. Each development is 99 % owned by a private partner who provides approximately 60% of the financing. U.S. Bancorp Community Development Corporation has been the private partner for 17 of the CDA's 19 family housing partnerships. The CDA is the general partner, developer, manager and lender for each development. To qualify for these townhomes, applicants must have good landlord rental histories, good credit references and clean criminal histories. Applicant's annual gross household income may not exceed 60% of the area median income adjusted for family size. Maximum income for a family of three is $45,360. Rents for these units range between $630 -$650 for a two - bedroom and $685 -$705 for a three- bedroom. The average income of residents is about $30,000. The average family size is three. The majority of residents are working at modest paying jobs and over half are headed by a single parent. The CDA has acquired the three parcels and have demolished the structures on two parcels. The home at 3160 Sibley Memorial Highway will be demolished by December 31, 2012. The timing of the construction is scheduled to begin in spring 2013 and be completed in December 2013. The entire townhome development would be constructed at one time. 00"EVISEM MAD i. a � _ter.. - - r�E IE "V D Or -r Sarah Thomas From: Mike Ridley Sent: Tuesday, November 27, 2012 11:34 AM To: 'Andrew Jansma'; mark.filipi @metc.state.mn.us; Michael.supina @hdrinc.com; Peter Dugan (peter. dug an @cbre.com) (peter.dugan @cbre.com); piper, dan; tfheaney @aol.com; Vanderpoel, Jane Cc: Sarah Thomas; Jon Hohenstein Subject: FW: River Ridge Town Homes Development FYI From: Mike Wold [mailto:michael_w _ wold @msn.com] Sent: Tuesday, November 27, 2012 10:23 AM To: APC Cc: Mary DiMarco; Bridget Doyle; Paul Stoll Subject: River Ridge Town Homes Development Dear Eagan Advisory Planning Commission Members, I am sorry that I will not be able to attend your meeting today since I am out of town, but I wanted to encourage you to recommend approval to the City Council of the Dakota County CDA River Ridge Town Home development. I believe this not only a good land use but also is in line with the Comprehensive Guide Plan which points out the need in Eagan for this type of workforce housing. On a side note, as a former APC member myself I know about the commitment of time and work it takes and I thank you for your service to our city. Mike Wold 4167 Starbridge Ct. Eagan, MN 55122 651 - 687 -9767 �W AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 4, 2012 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS 1. APPROVE Grant Agreement for DEED Redevelopment Grant Funding for Cedar Grove Parking Ramp E. NEW BUSINESS 1. AUTHORIZE Preparation of Request for Proposals for Design Services for a Parking Ramp in the Cedar Grove Redevelopment District F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting December 4, 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 October 16, 2012 EDA meeting are enclosed on pages 11—::S through �k;� MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota October 16, 2012 A meeting of the Eagan Economic Development Authority was held on Tuesday, October 16, 2012 at the Eagan Municipal Center. Present were Acting President Bakken , Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Hedges, Community Development Director Hohenstein and City Attorney Dougherty. President Maguire and Commissioner Fields were absent. CALL TO ODER Acting President Bakken called the Economic Development Authority meeting to order. ADOPT AGENDA Director of Community Development Hohenstein noted under Other Business the addition of a grant the City of Eagan will be receiving. Acting President Bakken moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye: 3 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 3 Nay: 0 1. It is recommended to approve the minutes of October 2, 2012 EDA meeting as presented. There were no Old Business items. OLD BUSINESS NEW BUSINESS RESOLUTION REGARDING DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) CONTAMINATION CLEANUP GRANT FOR CEDAR GROVE REDEVELOPMENT AREA Community Development Director Hohenstein noted there are two resolutions authorizing grant applications for environmental remediation at the Cedar Grove Development Area. This resolution is the application to the Economic Development for Contamination Cleanup Grant. The Contamination Cleanup Grant program was established by the 1993 legislature and Minnesota Statutes gives the Minnesota Department of Employment and Economic Development (DEED) authority to award grants to clean contaminated sites to allow for redevelopment. Since the EDA is applying for the grant, but the grant also requires an action by the City Council, one action by the members will be treated as both the Council and the Board action on the resolutions. \N3 Councilmember and Commissioner Hansen moved, Councilmember and Commissioner Tilley seconded a motion to Adopt Resolutions authorizing a Department of Employment and Economic Development Contamination Cleanup Grant Applications for portions of the Cedar Grove Redevelopment District. Aye:3 Nay:O RESOLUTION AUTHORIZING METROPOLITAN COUNCIL TAX BASE REVITALIZATION CONTAMINATION CLEANUP GRANT APPLICATION FOR PORTIONS OF CEDAR GROVE REDEVELOPMENT AREA Community Development Director Hohenstein noted this resolution is an application for environmental remediation at the Cedar Grove Development Area, from the Metropolitan Council Livable Communities Act Tax Base Revitalization Account Grant Program. It provides funds to investigate and clean up polluted land in areas that have lost commercial /industrial activity to make them available for economic redevelopment. Commissioner Tilley moved, Commissioner Hansen seconded a motion to Adopt Resolutions authorizing a Metropolitan Council Tax Base Revitalization Account Contamination Cleanup Grant Application for portions of the Cedar Grove Redevelopment District. Aye: 3 Nay: 0 OTHER BUSINESS Community Development Director Hohenstein noted the EDA was successful in securing a $750,000 grant for improvements related to the parking structure that is to be built with the Paragon Outlet project. The grant is the Minnesota Department of Employment Economics Development and is specifically focused on assisting with redevelopment of areas similar to Cedar Grove. Hohenstein recognized Erik Slettedahl, GIS /Community Development Specialist, for writing the grant. ADJOURNMENT Acting President Bakken moved, Commissioner Tilley seconded a motion to adjourn the meeting. Aye:3 Nay:O Date Thomas Hedges, Executive Director Agenda Information Memo December 4, 2012 Eagan EDA Meeting D. OLD BUSINESS 1. APPROVE GRANT AGREEMENT FOR DEED REDEVELOPMENT GRANT FUNDING FOR CEDAR GROVE ACTION TO BE CONSIDERED: To Approve a redevelopment grant agreement with the Minnesota Department of Employment and Economic Development (DEED) to assist with costs associated with the Cedar Grove parking structure. FACTS: The Redevelopment Grant Program was established by The Minnesota Department of Employment and Economic Development (DEED) in 1998 to help communities with the costs of redeveloping blighted industrial, residential, or commercial sites and putting land back into productive use. ➢ On August 1, 2012, City staff submitted a grant application on the EDA's behalf to assist with specific costs relating to the Cedar Grove parking structure associated with the Paragon Outlet and surrounding development. ➢ On September 27, 2012, DEED awarded $750,000 to the Cedar Grove Redevelopment Project that requires the EDA to enter into a grant agreement prepared by DEED. ➢ DEED has completed the agreement and it has been reviewed by the City Attorney's office to be ready for signature and is available upon request. ATTACHMENTS: (none) M Agenda Information Memo December 4, 2012 Eagan EDA Meeting E. NEW BUSINESS 1. AUTHORIZE PREPARATION OF RFP FOR DESIGN SERVICES FOR A PARKING RAMP IN THE CEDAR GROVE REDEVELOPMENT DISTRICT ACTION TO BE CONSIDERED: To authorize the preparation of a Request for Proposals for Design Services for a Parking Ramp in the Cedar Grove Redevelopment District. FACTS: ➢ The EDA has approved a purchase agreement with Paragon Outlets under which Paragon will acquire property in the Cedar Grove Redevelopment District for the development of an upscale outlet shopping center. A condition of the purchase agreement is that the EDA will construct a public parking ramp adjacent to the Paragon property, one of the purposes of which will be to provide for a portion of Paragon's parking needs. ➢ On November 20, 2012, the City Council approved the preliminary development applications for the Paragon project. Staff and Paragon are proceeding with the preparation of final development documentation and preparing for a closing on the property in early 2013. Current plans are for Paragon to begin construction in the spring of 2013 for a ,planned opening in November, 2014. ➢ In order to bid and construct the parking ramp in parallel with the Paragon project development, it is necessary to proceed with design development at this time. Staff is requesting authorization to prepare a request for proposals for design services for qualified firms for the ramp project. ATTACHMENTS: None \\CP Agenda Information Memo Eagan Economic Development Authority Meeting December 4, 2012 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. o9