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03/19/2013 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MARCH 19, 2013 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE 11. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. OPEN TO BUSINESS Program - Laurie Crow IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) q A. APPROVE MINUTES o B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE agreement allowing Health East Transportation to continue to house two ambulances at fire stations E. Item removed 3F. REQUEST Municipal State Aid Designation aL G. ACKNOWLEDGE Completion and Authorize City Maintenance of City Proj. No's. 01 -P (Four Paws Addition), 02 -D (Sunset 13 th Addition), 02 -N (Cliff Lake Centre 3rd Addition), 02 -Q (Thorpe Woodlands Gardens 2nd Addition), 03 -D (Diffley Plaza), 03 -1 (Centennial Ridge 2nd Addition), 03 -N (Nicols Ridge), 04 -1 (Mother Nature Addition), 04 -J (Lexington Ridge Addition), 04 -Z (Terra _ Glen 3rd Addition),05 -A (Clubview Addition) a"J H. APPROVE Temporary Liquor License for Twin Cities Goodtime Softball League on May 25 and 26, 2013 I. APPROVE On -Sale Beer, Wine and Sunday Wine Licenses for The Noodle Shop Co. - Colorado, Inc. DBA Noodles and Company, 2000 Rahncliff Court Suite 100 J. APPROVE Exempt Permit for the Red Pine Parent Teacher Organization to hold a raffle on May 2, 2013 a� K. APPROVE Exempt Permit for the Pinewood Parent Teacher Organization to hold a raffle on April 19, 2013 L. DECLARE bicycles, unclaimed property and miscellaneous City property to be surplus M. Item removed 3CP N. APPROVE a Resolution to accept a grant for Blue Cross &Blue Shield of Minnesota for a Streets Alive (Open Streets) community event on September 15, 2013 O. AUTHORIZE staff to seek bids for an equipment/transport vehicle -La-P. APPROVE Xcel Energy Pipeline Relocation Agreement - Cedar Grove Boulevard (City Project No. 1088) V. PUBLIC HEARINGS 49 A. VACATE Public Drainage & Utility Easements, Lots 5 -8, Block 5 Eagandale Center Industrial Park 51 B. VACATE Public Drainage & Utility Easements, Lot 9, Block 1 Letendre Addition No. 3 5'- C. VACATE Public Easements, Cedar Grove Redevelopment Area 5'1 D. VARIANCE - Eagan Convenience Center / Todd Geller - A Variance to exceed the maximum sign area allowance located at 1380 Duckwood Drive V1. OLD BUSINESS A A. ORDINANCE AMENDMENT -An Ordinance Amendment to City Code Chapters 2, 5 and 6 relative to criminal background investigations for perspective employees and business licensing B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT and FINAL PLAT - Riverview Ridge Townhomes - Dakota County CDA - A Comprehensive Guide Plan Amendment from HD, High Density to MD, Medium, A Rezoning of approximately 5 acres from R -4, Residential Multiple and R -2, Residential Double to PD, Planned Development and A Preliminary Planned Development of approximately 4.38 acres to build rental townhomes and a Final Plat of the approximately 4.38 acres located at 3206, 3160, & 3170 Sibley Memorial Hwy VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER V5313. ADOPT AGENDA 13H C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Grant of Utility Easement in Cedar Grove Redevelopment to Xcel Energy D. OLD BUSINESS 1. APPROVE Extension of Preliminary Development Agreement with Pratt Development and Cassidy Turley E. NEW BUSINESS F. OTHER BUSINESS 1160 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 XII1. ADJOURNMENT d 'r City of EaRan Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 15, 2013 SUBJECT: AGENDA INFORMATION FOR MARCH 19, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 19, 2013 City Council agenda, the following items are in order for consideration. 3 Agenda Information Memo Eagan City Council March 19, 2013 A. PRESENTATION - OPEN TO BUSINESS PROGRAM ACTION TO BE CONSIDERED: To receive a presentation by Laurie Crow, staff person for the Open to Business Program in Dakota County. FACTS: • In cooperation with the Dakota County CDA and other Dakota County cities, the City of Eagan has contracted with the Metropolitan Consortium of Community Developers, a non- profit agency that provides business counseling services and access to capital, to offer the Open to Business Program in Dakota County communities. • Laurie Crow is the MCCD staff person assigned to Dakota County. In addition to being available to consult with owners of current businesses or prospective business owners by phone, email and by appointment, she is also holding half day office hours for walk ins in each of the participating cities. She is in Eagan City Hall, in the Wachter Room between 1:00 and 3:00 p.m, on the third Tuesday of each month. • MCCD has an established track record of services and loan coordination in a number of Hennepin County cities. In addition to funds that MCCD is able to lend themselves, they also have established relationships with a number of banks for coordination of financing using SBA programs and other funds. As an indication of the interest present in the community for the services, on Ms. Crow's first afternoon at City Hall on February 19t ", two business prospects were waiting for her when she arrived. • The City of Eagan contributes $7,500 to the partnership, with proportionate contributions by other cities and the CDA contributing about half of the total cost of the contract. ATTACHMENTS: Open to Business Brochure on pages 57 through (__ as y C*4 11 f cs■ ca y ' F t W 4 ca L U O CO a U tf Q O °O _ � N ° aoi c E + o C — O (0 Uo oo.. � E O ® Q U> O N D CL E O U O o � O rn C 0 (o O 0 -6 y U �0 C Y O O o,E �m cCO @'c of cd0i� E Off, O of ao DUQ c� O CO o A-I m 0 W o p N V w W < = l U d7 O + `i 4- =3 NWA 00 Y o O C 3 T E LL � O 03 U s L W c Lj C �O = p 3 O 2) � O N L N o Cn r° C a o CO L r 00 o c; . o 0 0 c 0 a) N OO1 O v c C cO C E 0 LL 2) O o C C Lo U N LO C Q Z N O .N O U � C CU CL U O T- C M N im 2 9 0 3 ,o Q�16m 'a YA o tn IN, NIiq, Z 0 C Lof 3 - 0 C) O o LE O � � t O � O a� j tB � � o O O O a) � N � U •+C O U o c a. c� c c ca U Q) O � �_ U) a) a N .0 a) oil x C � H � ,C 'a N Q - d n. o co .. ca � a> �L �Q �, W M �, O 0 W c .0 aD CL ; 4- oO > co L U a) c o � L O O .yr J o a) aoi o ::� L L V� U N C 0) O Co O O C � Q U c N C Co E M a) �om � Lm m �� a) v, � .0 a) E O L C T) ro o = O C o L � v 2 0 L vi m o m ro SM. 0 o = o � (.) C)) o • n U m a) r o a Q "O N O 'a N CO O N 0- O� O �a � 'co ch U i ui C C V � U U CL (6 C a o C N a) G L E E cn fn CO a) O) Q Q- Q N N O O N.- U U CO 4 co CL 0 Q G C C C O U o CL Q.. N a) U) 0 L o N U- a) C O °= c i s FAQ. ���Lcacc °_ >'� C o (a o a 0.0 m U U d 0).0 IZZAE �. O Q: n E O N' N_ O' O a) C L Q _ C C U) N = E co C O "a C a c L" U� a C a O t cc �_ + a) C Q, �C N , , (6 QJ ` E cn N C 0 0 0 .� v a�i .� o . ex`a aEi L .y t 3 o: Lo' il O (1) U) 020 Co CQ E E C O a) C U (0 3 -0 m o O C 3�CL Ui °O a-'a a) U cu C Agenda Information Memo March 19, 2013 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 March 5, 2013, Regular City Council meetings as presented or modified. ATTACHMENTS: • Minutes of March 5, 2013 Regular City Council meeting are enclosed on pages through 1 G . I MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 5, 2013 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. At 6:10 p.m., the City Council held a closed session to discuss land negotiations at 4232 Blackhawk Road. The closed session concluded at 6:20 p.m. A regular meeting of the Eagan City Council was held on Tuesday, March 5, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Tilley. Also present were Acting City Administrator Miller, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Assistant City Engineer Nelson, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, Police Chief McDonald, and Executive Assistant Stevenson. AGENDA Acting City Administrator Miller noted a change on the Consent Agenda. Miller noted a closed session was held to discuss land negotiations at 4232 Blackhawk Road. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions or presentations. CONSENT AGENDA Acting City Administrator Miller noted that Item M. Approve Final Plat — Bennerotte Addition was pulled. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as modified. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of February 12 and 19, 2013. B. Personnel items 1. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It is recommended to approve Check Registers dated February 14 and 21, 2013. D. It is recommended to approve a resolution delegating authority to pay claims to the Assistant Finance Director or the Finance Director. E. It was recommended to award Contract 13 -02 (Citywide Street Revitalization). F. It was recommended to approve Plans & Specifications for Contract 13 -04 (Citywide Street Revitalization) and Authorize Advertisement for Bids March 28, 2013. G. It was recommended to approve Xcel Energy Undergrounding & Relocation Agreements — Cedar Grove Area (City Project No. 888 and 1088). i✓ City Council Meeting Minutes March 5, 2013 2 page H. It was recommended to approve Assessment Agreement — Ecolab, City Project No. 1016R, Ames Crossing Road Street & Utility Improvements. I. It was recommended to approve Plans & Specifications for Contract 13 -11 (2013 Water Quality Storm Sewer Improvements) and Authorize Advertisement for Bids March 28, 2013. J. It was recommended to approve Telecommunication Lease Agreement Amendment — T- Mobile (Southern Lakes Reservoir). K. It was recommended to appoint Assistant Finance Director as alternate to Minnesota Valley Transit Authority Board. L. It was recommended to cancel the March 12, 2013 Special City Council Meeting. M. Item was pulled. N. It was recommended to approve a Resolution to Schedule a Public Hearing to Consider Modifications ofTIF District No.1. 0. It was recommended to preparation of an Ordinance Amendment to City Code Chapter 10, Section 10.01, relative to Storage, Deposit and Disposal of Refuse. P. It was recommended to approve the 2013 contract for July 4th Funfest fireworks and authorize the Mayor and City Clerk to sign all appropriate documents. Q. It was recommended to approve the 2013 Use Agreement for Blue Cross Blue Shield fields. R. It was recommended to approve the Public Works Committee Recommendation — Inflow & Infiltration Surcharge Appeals. S. It was recommended to authorize submittal of letter to federal authorities regarding Comcast rate and equipment charges. T. It was recommended to approve a Resolution accepting a $100.00 donation from Mr. and Mrs. Gregg Judge in honor of Police Canine Maverick who died in 2012. PUBLIC HEARINGS PROJECT 1111 (GREAT OAKS) STREET IMPROVEMENTS Director of Public Works Matthys introduced the item noting Project 1111 provided for street improvements within the Great Oaks neighborhood. Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1111 (Great Oaks - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye:5 Nay:0 PROJECT 1105 (THE OAKS OF BRIDGEWATER 1ST —3 RD ADDITIONS) STREET IMPROVEMENTS Director of Public Works Matthys introduced the item noting Project 1105 provided for street improvements within The Oaks of Bridgewater 15t — 3rd Additions. Assistant City Engineer Nelson gave a staff report on the project. I City Council Meeting Minutes March 5, 2013 3 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Project 1105 (The Oaks of Bridgewater 1st — 3rd Additions - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1101 (HIDDEN VALLEY) STREET IMPROVEMENTS Director of Public Works Matthys introduced the item noting Project 1101 provided for street improvements within the Hidden Valley neighborhood. Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve Project 1101 (Hidden Valley - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye:5 Nay:0 PROJECT 1096 (WILLBROOK ADDITION) STREET IMPROVEMENTS Director of Public Works Matthys introduced the item noting Project 1096 provided for street improvements within the Willbrook Addition neighborhood. Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve Project 1096 ( Willbrook Addition - Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 PROJECT 1115 (WESCOTT HILLS / THE WOODLANDS NORTH / TRAILS END) STREET IMPROVEMENTS Director of Public Works Matthys introduced the item noting Project 1115 provided for street improvements within the Wescott Hills, The Woodlands North and Trails End neighborhoods. Assistant City Engineer Nelson gave a staff report on the project. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve Project 1115 (Wescott Hills, The Woodlands North and Trails End — Street Improvements) as presented and authorize the preparation of detailed plans and specifications. Aye: 5 Nay: 0 �0 City Council Meeting Minutes March 5, 2013 4 page STONEHAVEN 4T" ADDITION LOTS 1 & 2, BLOCK 3 AND OUTLOT D DRAINAGE & UTILITY EASEMENT VACATION Acting City Administrator Miller introduced the item noting on January 15th City staff received a request for vacation of existing drainage and utility easements within Stonehaven 4th Addition, and on February 5th the City Council scheduled a public hearing for this evening. Director of Public Works Matthys noted US Home Corporation is the developer of Stonehaven 4th Addition and is planning to record a final plat of Stonehaven 5th Addition. To avoid underlying recorded dedications, that were part of the 4th Addition, the City is vacating all drainage & utility easements for public purposes that were recorded as part of the 4th Addition in preparation for the plat of the 5th Addition. Matthys noted notices have been sent out with no objections to the proposed vacation received, and as part of the Council's action is asking for a continuance until the April 2, 2013 City Council meeting when the final plat is anticipated to be approved. The Council discussed the easement vacation. Councilmember Bakken asked about swapping easement approvals and the possibility to get a permanent public easement over the trail system in lieu of the current 99 year easement. Matthys responded noting the question would be best addressed at the April 2nd meeting. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to close the public hearing for the vacation of public drainage and utility easements located at Lots 1 & 2, Block 3 and Outlet D of Stonehaven 4th Addition, and continue action until the April 2, 2013, City Council meeting. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT UTILITIES Acting City Administrator Miller introduced the item noting the City Code allows for collection through certification of delinquent utility bills which are not paid. The City currently has approximately 898 utility bill accounts with delinquent balances. All notices have been published in the legal newspaper and sent to all affected property owners. Director of Finance Pepper was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT FALSE ALARM BILLS Acting City Administrator Miller introduced the item noting the City Code allows for collection of delinquent false alarm bills through certification to property taxes. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. The City currently has five properties City Council Meeting Minutes March 5, 2013 5 page with delinquent false alarm bills and the City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning March 6, 2013. All notices have been published in the legal newspaper and sent to all affected property owners. Director of Finance Pepper was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 CERTIFICATION OF DELINQUENT MOWING BILLS Acting City Administrator Miller introduced the item noting the City Code allows for collection of delinquent mowing bills through certification to property taxes. The City currently has six properties with delinquent mowing. All notices have been published in the legal newspaper and sent to all affected property owners. Director of Finance Pepper was available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to close the public hearing and approve the final assessment roll for delinquent mowing bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 OLD BUSINESS ORDIANCE AMENDMENT TO CITY CODE CHAPTER 10.40 RELATIVE TO STANDARDS FOR FIRES OR BARBEQUES ON BALCONIES OR PATIOS Acting City Administrator Miller introduced the item noting in May 2012, the City Council approved an ordinance amendment that prohibited all grills on the desks and patios of multi - family housing units in which at least three units share a common hallway. The purposed ordinance amendment clarifies the intent of the May 2012 ordinance amendment and specifies that residents of multi- family housing units cannot grill or store the grills on decks or patios. Fire Chief Scott was available for questions. The Council discussed the ordinance amendment. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Ordinance Amendment to City Code Chapter 10.40 relative to standards for fires or barbeques on balconies or patios and direct the City Attorney to publish the ordinance amendment. Aye: 5 Nay: 0 Q City Council Meeting Minutes March 5, 2013 6 page ORDIANCE AMENDMENT— CITY OF EAGAN Acting City Administrator Miller introduced the item noting the ordinance amendment is to ensure that City Code references to the City's Water Quality and Wetland Management Plan, Wetlands Protection and Management Regulations and Post Construction Requirements are current. The Advisory Parks Commission held a public hearing on February 26, 2013, and recommended approval. Mayor Maguire asked if anyone in the audience would like to comment on the ordinance amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to Chapter 13, Section 13.20, regarding Water Quality Management and direct the City Attorney to publish the amendment accordingly. Aye: 5 Nay: 0 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENTS — EAGAN RETAIL Assistant City Administrator Miller introduced the item noting there are three planned development amendments being sought for property at 2000 Rahncliff Road. The Advisory Planning Commission held a public hearing on February 26, 2013, and are recommending approval of the patio seating and building signage with revised conditions. The APC is recommending denial of the exterior building modifications. City Planner Ridley gave a staff report and additional information. Paul Tucci with Oppidan Inc., addressed the Council giving a brief summary of the request and signage option for the building. Melanie Bagley, with Noodles & Company discussed the architectural wedge feature and signage options for the north and west building elevations. The Council discussed the building signage, clarifying the architectural wedge with channel letters along with the background surface finish of the building. The Council was supportive of the 55 sq. ft. sign with channel letters on a raceway for the front of the building. It was noted that the APC had recommended approval of the signage for the west elevation. It was the consensus of the Council to approve the Planned Development Amendments with the additional conditions as noted. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow additional outdoor patio seating at 2000 Rahncliff Road, subject to the following conditions: Aye: 5 Nay: 0 A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plan is required for the Agreement: • Patio Plan (32 seats) 3 City Council Meeting Minutes March 5, 2013 7 page 2. The outdoor dining area is subject to City Code requirements including sewer availability charges (SAC) imposed as a result of the additional seating in the outdoor dining area. 3. A Building Permit shall be obtained for the patio expansion. 4. The Building Permit application shall address concerns regarding accessibility maneuverability and egress /accessible door clearances. 5. The outdoor patio gate shall be revised to comply with the Liquor Ordinance requirements. No access shall be gained from the parking lot. 6. All owners of the CIC Plat shall be part of the Planned Development Amendment Agreement. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow exterior building modifications of at 2000 Rahncliff Road, subject to the following conditions: Aye: 5 Nay: 0 A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a building permit. The following plan is required for the Agreement: • Elevation /Sign Plan 2. A Building Permit shall be obtained for the exterior building material renovations. 3. All awnings shall be Sunbrella fabric awnings in color "Jockey Red ". 4. All owners of the CIC Plat shall be part of the Planned Development Amendment Agreement. 5. Any further sign modifications shall require a Planned Development Amendment. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Planned Development Amendment to allow building signage modifications at 2000 Rahncliff Road, subject to the following conditions: Aye: 5 Nay: 0 1. A Planned Development Amendment Agreement shall be executed and recorded at the Dakota County Recorder's Office prior to issuance of a sign permit. The following plan is required for the Agreement: • Elevation /Sign Plan 2. A sign permit is required prior to installation of any sign, and signage is subject to all other requirements of the City Code. 3. The Sign Plan shall be revised to include the channel letter sign on the north elevation and the cabinet sign on the west elevation. The channel letter sign shall be on a raceway similar to the existing signs on the north fagade. 4. All owners of the CIC Plat shall be part of the Planned Development Amendment Agreement. 5. Channel letters on a raceway signage will be used for front of building. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There is no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted in the Administrative Agenda Memo the addition of Item 1- Authorize investigation of tax increment financing eligibility for former Lockheed �I City Council Meeting Minutes March 5, 2013 8 page Martin property. Hohenstein noted at the workshop meeting of February 12, 2013, the City Council identified a series of preferences for the redevelopment of the Lockheed property and as part of that discussion it was noted that certain preferences such as structured parking, reductions in the area of surface parking and expanded pedestrian focus might not be financially feasible unless public financing assistance were available. The Council responded that it would be open to considering such financing, depending on how it would further those preferences. Since the workshop, staff has met with representatives of CSM who have expressed interest in taking initial steps to determine whether a tax increment financing district could be established for the property. The Council discussed the item clarifying if the City is to go forward with special legislation it would create the opportunity for public assistance, and would not commit the City and the City Council to a decision on public assistance. Hohenstein responded it would be a request for authority and would not obligate the City to use that authority. Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to investigate the eligibility of the former Lockheed Martin property for the establishment of a tax increment financing district, including an initial assessment of its current qualification through LHB and approaching the City's Legislative delegation about the submittal of special legislation, if necessary. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize LHB to proceed with an inspection of the property at a cost not to exceed $9,000 plus reimbursables by an agreement in a form acceptable to the City Attorney. Aye: 5 Nay: 0 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 8:10 p.m. Aye: 5 Nay: 0 Date Mayor Clerk Agenda Information Memo March 19, 2013 Eagan City Council Meeting There are no HR agenda items. S. PERSONNEL ITEMS �0 Agenda Information Memo March 19, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated and March 1 and 8, 2013 as presented. ATTACHMENTS: Check registers dated March 1, 2013 are enclosed without page number Check registers dated March 8, 2013 are enclosed without page number \9 Agenda Information Memo Consent Agenda March 19 2013, Eagan City Council Meeting D. APPROVE agreement allowing HealthEast Transportation to continue to house two ambulances at Fire Stations. ACTION TO BE CONSIDERED: Approve agreement allowing HealthEast Transportation to continue to house two ambulances at fire stations. FACTS: ➢ HealthEast has housed one ambulance at an Eagan Fire Station since the 1970's and a few years ago started housing a second ambulance at an Eagan Fire Station. ➢ The space includes a garage bay space for their ambulance and an office area for their paramedics. ➢ This agreement simply formalizes this practice for the next five years. ➢ The agreement specifically states that the bay and office space will be available at Fire Stations Four and Five. These locations were mutually agreed upon with HealthEast Staff and Fire Staff. ➢ The City Attorney's Office has prepared a Memorandum of Understanding to be approved by the Mayor and Council. ➢ Staff is recommending approval of this agreement. ATTACHMENTS: • Memorandum of Understanding, pages A through Q . N MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ( "Agreement ") is made this day of , 2013 by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City "); and HealthEast Care System, a Minnesota non- profit corporation d /b /a HealthEast Medical Transportation (hereinafter "HealthEast "). (The City and HealthEast are hereinafter collectively referred to as the "Parties "). WHEREAS, the City has several fire stations throughout the City that have additional bay space and office space; and WHEREAS, HealthEast is in need of bay space and office space and also has certain medical equipment and expertise that it can offer members of the City's Fire Department; and WHEREAS, the City is willing to provide bay space and office space at two fire station locations and HealthEast is willing to provide equipment and training in lieu of any rental payment all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. USE OF BAY SPACE AND OFFICE SPACE. The City shall make one bay space available and office space (with sufficient space for three recliners, CPU, TV and mini food station) available at Fire Station No. 4 located at 4200 Dodd Road and at Fire Station No. 5 located at 4701 Galaxie Avenue to HealthEast as determined by the City's Fire Chief. 2. SERVICES TO BE PROVIDED BY HEALTHEAST. In exchange for occupying bay space and office space, HealthEast shall provide the following: a. Free EMS training (including first responder refresher, new employee orientation, etc.) for Eagan police officers and Eagan fire staff; b. Continued supply and equipment exchange for medical equipment that are used at medical scenes throughout the City; and C. Assistance with occasional special medical equipment purchases as may be mutually agreed upon between the Parties. 2. INDEMNIFICATION. HealthEast shall indemnify and hold the City harmless from any and all claims, including attorneys' fees, arising out of or related to HealthEast's use of either Fire Station. N 3. TERM OF AGREEMENT. This Agreement shall commence on March 1, 2013 and shall terminate February 28, 2017, except as may be terminated as allowed by Section 3. 4. TERMINATION. Either Party may terminate this Agreement upon thirty (30) days written notice to the other Party. 5. NOTICES. Any notice required or permitted under this Agreement shall be in writing and shall be deemed to be given when and if sent by certified mail, return receipt requested, postage prepaid, properly addressed as follows, or such other address as may hereafter be designated in writing by either of the Parties: If to HealthEast: HealthEast Care System d /b /a HealthEast Medical Transportation Attn: 799 Reaney Avenue St. Paul, MN 55106 If to City: City of Eagan Attn: Mike Scott, City Fire Chief 3830 Pilot Knob Road Eagan, MN 55121 6. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. 7. RESTRICTION OF ACCESS TO PROPERTIES. The City reserves the right to restrict the number of HealthEast personnel that may have access to the fire stations. City of Eagan, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk 2 j,0 HealthEast Care System, a Minnesota non -profit corporation d /b /a HealthEast Medical Transportation Its: Agenda Information Memo March 19, 2013 Eagan City Council Meeting F. MUNICIPAL STATE AID DESIGNATION ACTION TO BE CONSIDERED: Approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of an existing street segment on the City of Eagan's Municipal State Aid (MSA) roadway system. FACTS: The Municipal State Aid (MSA) designation of a street enables the maintenance of an existing street and the construction of a new street to be financed by the City's portion of the gas tax revenue distributed by the State. Only 20% of the city's local street mileage is eligible for this designation. Of the 47.52 miles allowed in Eagan, only 47.38 miles are so designated. The difference of 0.14 miles is available for designating another segment onto the system. The proposed MSA designation of Denmark Avenue, from Clubview Drive to Lone Oak Road (CSAH 26) (0.15 miles), is eligible and desirable to optimize the City's share of MSA funding. After the addition of this segment to the City's MSA system, a minor excess of 0.01 miles above the City's allowable mileage would be created which falls within acceptable limits of the MSA rules. ATTACHMENTS: • MSA Street Designation Map, page d3 . jl)- II .° it v o Lone Oak Pkwy o �a o(J,,....�.� ... d ■ rs or 3 *' � � rRd ■ � c °o � O ����a ■ dA 00 n ■ -� �-® ' C7 ■ � 'in X �_ ■ ro �f� ■ w Q Q- Ln ■ +' N CL rl 'S a Q O ■1 F F a�el e LO L 00 ♦ N ♦ OOL6 ®OZ 4 -0 co co AD a� t o c 4� � 00 �8 w 03 0 o L U Lh ®O Mm m d d 0 0 M r� O 0 Q 'a• a me OOZLI ;O� a V O 3.v�G Agenda Information Memo March 19, 2013 Eagan City Council Meeting G. PRIVATE DEVELOPMENTS FINAL ACCEPTANCE ACTION TO BE CONSIDERED: Acknowledge the completion and authorize perpetual City maintenance, subject to warranty provisions, of the following City Projects: 01 -P (Four Paws Addition), 02 -D (Sunset 13t" Addition), 02 -N (Cliff Lake Centre 3rd Addition), 02 -Q (Thorpe Woodlands Gardens 2"d Addition), 03 -D (Diffley Plaza), 03 -I (Centennial Ridge 2 "d Addition), 03 -N (Nicols Ridge), 04 -I (Mother Nature Addition), 04 -J (Lexington Ridge Addition), 04 -Z (Terra Glen 3rd Addition), and 05 -A (Clubview Addition). FACTS: • These developments required the installation of public sanitary sewer, water main, and storm sewer, which was all performed privately by the developer under the terms and conditions of the development contract agreement. • The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. aA Agenda Information Memo March 19, 2013, Eagan City Council Meeting H. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE FOR THE TWIN CITIES GOOD TIME SOFTBALL LEAGUE'S NORTH STAR CLASSIC TOURNAMENT ON MAY 25 AND 26, 2013 ACTION TO BE CONSIDERED: To approve a temporary on -sale liquor license for the Twin Cities Good Time Softball League's North Star Classic Tournament on May 25 and 26, 2013. FACTS: ➢ The Twin Cities Good Time Softball League, a non - profit organization based in Minneapolis, has applied for a temporary on -sale liquor license for its softball tournament, the North Star Classic, scheduled for May 25 and 26, 2013 at the Northview Athletic Fields. ➢ The North Star Classic tournament has been held in Eagan since 2004. For the past nine years, the organization has been granted a temporary liquor license by the City to allow alcohol sales at this event. ➢ The organization has met the requirements for a temporary on -sale liquor license and has submitted the required documentation. The application has been reviewed by staff and the Police Department and has been deemed in order for approval. ➢ Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (0): c�10 Agenda Information Memo March 19, 2013, Eagan City Council Meeting I. APPROVE ON -SALE BEER, WINE AND SUNDAY WINE LICENSES FOR THE NOODLE SHOP CO. — COLORADO, INC. DBA NOODLES AND COMPANY, 2000 RAHNCLIFF COURT SUITE 100 ACTION TO BE CONSIDERED: To approve the On -Sale Beer, Wine and Sunday Wine Licenses for The Noodle Shop Co. — Colorado, Inc. DBA Noodles and Company, located at 2000 Rahncliff Court, Suite 100. FACTS: ➢ The Noodle Shop Co. — Colorado, Inc. has applied for On -Sale Beer, Wine and Sunday Wine Licenses for a Noodles and Company restaurant to be located at 2000 Rahncliff Court, Suite 100. ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the On -Sale Beer, Wine and Sunday Wine Licenses. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) J(0 Agenda Information Memo March 19, 2013, Eagan City Council Meeting J. APPROVE EXEMPT PERMIT FOR THE RED PINE PARENT TEACHER ORGANIZATION TO HOLD A RAFFLE ON MAY 2, 2013 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for the Red Pine Parent Teacher Organization to conduct a raffle on May 2, 2013 at Red Pine Elementary School, 530 Red Pine Lane. FACTS: ➢ The Red Pine Parent Teacher Organization has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page. (The application is available from the Office of the City Clerk.) J-1 RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT RED PINE PARENT TEACHER ORGANIZATION WHERAS, the Red Pine Parent Teacher Organization has applied for an Exempt Permit to conduct a raffle on May 2, 2013; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Red Pine Parent Teacher Organization to conduct a raffle on May 2, 2013 at 530 Red Pine Lane. Motion by: Seconded by: Those in favor: Those against: Date: March 19, 2013 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of March, 2013. City Clerk Db Agenda Information Memo March 19, 2013, Eagan City Council Meeting K. APPROVE EXEMPT PERMIT FOR THE PINEWOOD PARENT TEACHER ORGANIZATION TO HOLD A RAFFLE ON APRIL 19, 2013 ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for the Pinewood Parent Teacher Organization to conduct a raffle on April 19, 2013 at Pinewood Elementary School, 4300 Dodd Road. FACTS: ➢ The Pinewood Parent Teacher Organization has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements of the application have been met and staff deems it in order for approval. ATTACHMENTS (1): A copy of the proposed resolution is attached on page 30 (The application is available from the Office of the City Clerk.) 09 RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT PINEWOOD PARENT TEACHER ORGANIZATION WHERAS, the Pinewood Parent Teacher Organization has applied for an Exempt Permit to conduct a raffle on April 19, 2013; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Pinewood Parent Teacher Organization to conduct a raffle on April 19, 2013 at 5300 Dodd Road. Motion by: Seconded by: Those in favor: Those against: Date: March 19, 2013 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19t" day of March, 2013. City Clerk am Agenda Information Memo March 19, 2013, Eagan City Council Meeting L. DECLARE BICYCLES, UNCLAIMED PROPERTY AND MISCELLANEOUS CITY PROPERTY TO BE SURPLUS ACTION TO BE CONSIDERED: To declare bicycles, unclaimed property and miscellaneous City property to be surplus. FACTS: ➢ Throughout the year, the City acquires a variety of unclaimed and stolen property and retires certain other City property that is no longer of any use. State Law permits the sale of such surplus items to the highest designation. ➢ Prior to the designation of surplus property, a list of items is circulated to all departments and, if there remains any public use for the property, it is reallocated to the appropriate department instead of being sold. ➢ The City Council approved an agreement with PropertyRoom.com, an online auction service specializing in the disposition of unclaimed and surplus property. Prior to the sale of the property through PropertyRoom.com, the appropriate legal notice will be published in Sun Thisweek Newspaper. ➢ In addition to utilizing PropertyRoom.com, the City may use other methods to sell surplus property. Any methods that are used will be consistent with the City's Policy for the Sale of Surplus City Property. ➢ In some cases, if the property has little or no value due to its condition, disposal is the best option. Per the City's Policy for the Sale of Surplus City Property, surplus property that is damaged or has nominal or no value may be deemed refuse or may be recycled. ATTACHMENTS (1): The surplus property list is enclosed on pages 3a to 36 . 31 1 2 4. 5. 6. 7. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. March 19, 2013 Surplus Property List Typing Stand Non - refundable Stamp 13 Stackable Mail Slots Money Box Light Stand Microphone Sticky Board 2 -Hole Punch Completed Stamp 2 Card Files In Basket Hanging Mail Slot Standing File Holder Tin Vase Multi - Slot Mail Box 1988 FMC wheel balancer, asset tag #2143 Signal Traffic Controller light board /less controller 1988 "Partner" concrete saw with power unit HOT Vent brand PRO 70 propane hot air heater system Pump- and -baffle lake aeration machine (2 ea.) Isco Model 2900 sampler with harness and suction line (2 ea.) Isco Model 3700 sampler with harness and suction line (2 ea.) Isco Model 3210 ultrasonic flow meter (2 ea.) Isco Model 3220 sampler with submerged probe flow meter cable and spreader bar (4 ea.) YSI Model 33 salinity- conductivity- temperature meter with sensor on 50' cord (serial # 901,021981) Samsung Maxima Zoom 77i film camera with 35 -70 mm Super Macro zoom lens (serial # 4136169) Olympus Biaxial Optical System film camera with 35 -70 mm Infinity Tele zoom lens (serial # 1289218) Kodak Carousel 4600 projector (needs bulb) and 3 80 -slide trays Old Town 17' molded green plastic canoe with 2 plastic seats and wooden yoke Old Town Snap -In tan ABS bench seat for canoes 34" to 37" wide BP Solar (Model BP275UL) 2 -part solar panel bank with mounting bracket, each 21" X 47" 36- celled panel = rated peak power: 75W; voltage: 17.OV; and current: 4.45A Vented outdoor control box including ProStar -30 (version PS -30M) solar charge controller, 24 -hr timer, and Gast 12 V 6.8 A compressed air pump (Model MOA- P125 -JH) 1' dia. X 2'H ceramic air diffuser and 1/4" air hose Neptune 12 V compressed- aspirating aerator and PVC float Faux leather multi - compartment black attache and laptop carrying case with shoulder strap Business -card sized calculator with business card holder Day planner (6 "H X 5.5 "W X 1 "D) Upright Piano Television Polaroid Camera Pentex Zoom 90WR Camera Phillips 720 transcription system 4 Globe Ceiling Fixtures 10 White Plastic Wall Plates Fully Coated PVC Gloves size L Backpack 2 Gold Diamond Rings Xbox 360 Arcade March 19, 2013 Surplus Property List 49. 5 DVD's (Movies) 50. Car Tire 51. 4 Tan Pillows, 4 Maroon Pillows, 1 Small Blanket, 3 Curtains, 2 Small Maroon Rugs, 1 Large Black and Gray Rug, 1 Bookcase, 2 Statues, 1 Bag of Multi - colored Beads, 2 Decorative Plates, 4 SM Boxes, a Coaster Set, a Napkin Set, 2 Candle Sets, 1 Plate Holder and a Curtain Rod 52. Paper Shredder 53. Copier /Scanner 54. Casio Digital Camera 55. Tom Tom GPS 56. 3 Pairs of Sunglasses in Cases and 1 Extra Case 57. Samsung TV 58. Digital Camera in Case 59, Black Coach Purse with Wallet U Gucci Sunglasses 60. IMAC 24" PC 61. IMAC Keyboard, Mouse and Accessories 62. HDTV Hook -up Kit 63. Sony Play Station 3 64. Coach Purse 65. 3 DVD Movies, 3 PSP Games and PS3 Games 66. 2 Sony Play Station Games 67. Picture Frame 4X6 68. 1 Game, Misc Game Controllers 69. Play Station and Case 70. Nintendo DS Lite, Zelda Game and Game Case 71. Play Station Holder with 9 CD's (Games) 72. Dress Boots Size 12 73. Dress Shoes Size 12 74. 1 Top, 1 Bra and 7 Pairs of Underwear 75. Michael Kors Tan Jacket 76. 2 Wrist Bands, 3 Necklaces, 1 Belt, 3 Tops and 1 Pair of Pants 77. Nail Gun 78. Nail Gun 79. Nail Gun 80. Nail Gun 81. TV Mitsubishi with Mount 82. Black Laptop Carrying Case 83. Lowrance Sonar 84. Aero Bed 85. Pink Gloves and Stocking Hat 86. Floor Jack, -2 Ton 87. Wedding Ring and Watch 88. Garmin Nuvi GPS 89. Road Pro 100 Watt Inverter 90. Pencils 91. Jumper Cables 92. DVD - Breaking Bad Movie 93. Lego "Pirate Plank" 94. Lego "Hero ICA" 95. Sketch Pad 96. Lego "Star Wars" 97. Silver Chain March 19, 2013 Surplus Property List 98. Kitchen Aid Mixer 99. Kitchen Aid Mixer 100. Yashica Movie Camera 101. Kindle Fire 102. Gold Ring with Diamonds 103. Craftsman Snow Blower 104. Spirit 3HP 20" Cut Mower 105. Toro Snow Pup 106, Murray Riding Lawn Mower 107. Toro 5HP Snow Blower 108. Craftsman 3HP Snow Thrower 109. Canon E52000 Movie Camera w /Bag and Accessories 110. Canon Optura 50 Movie Camera w /Bag and Accessories 111. Canon Optura Movie Camera w /Bag and Accessories 112. 33 Plus Canvas Cellphone Holders 113. Ful Black Computer Bag 114. Xbox 360 Game System -Green 115. Xbox 360 Wireless Controller 116. Xbox 360 64mb Memory Card 117. Nintendo 64 AC Power Cord 118. Nintendo 64 Controller, Grey 119. Nintendo Game Cube Controller, Purple 120. Mad Catz Controller, Grey 121. Nintendo Video Cord 122. Apple Computer Cord 123. KRE -O Transformer (Building Blocks) 124. Power Ranger (Building Blocks) 125. Magic Hat Game 126. 1 Spy Eagle Eye Game 127. Beat the Parents Game 128. Power Ranger (Building Blocks) 129. Phone Charger 13 0. Phone Charger 131. Black Bag 132. Black Bag 133. Umbrella 134. Child Bicycle Trailer 135. Deer Hunting Stand 136. Steps, Pins, Straps etc 137. One box containing the following items: l Handbag, Music Pad, 2 Coby DVD Players, 2 MP Players, 6 Insulated Coffee Mugs, 3 Natural Nails Manicure Sets, Paris Hilton Perfume Spray Set, 2 Nintendo DS Games, 2 Lighters, Tube Body and Hand Cream, Bubble Bath Set, Japanese Garden Bath Set, 3 Air Fresheners, Toy Helicopter 138. Shop Vac 139. Black Backpack 140. Booking Room Camera Hitachi Model HV -C20 Ser #9094924 and Intelligent Pan /Tilt Model SS- 485P Ser #50M0499 �4 March 19, 2013 Surplus Property List 141. VARDA units ( VARDA: Voice Alerting Radio Detection Alarm): a. Varda model S -150, Serial #10- 0688 -3, Eagan Property tag #2006, Digital. b. Varda model S -150, Serial #6- 293 -1A, No property tag number, Digital. c. Varda Model T -150X, Serial #9- 2700 -1A, No property tag number, Digital. d. Varda Model S -15OX Serial # 1- 1603 -1, No property tag number, Digital. e. 4 Model 3000L Receivers, one for each separate VARDA unit. £ 4 Pressure Mats. g. 5 push button panic buttons, shaped like a garage door opener. h. 1 Stakeout receiver Model V900RXL i. 2 wireless motion sensors. j. 1 wired motion sensor. k. 3 Dollar bill traps. 1. 1 wired window breakage alarm. m. 2 door window contacts. n. 1 Tubular pressure contact. o. 3 wireless transmitters, can be attached to devices above. p. 1 black in pendent panic button. 142. 1999 Stone 65CM Cement Mixer 357 Agenda Memo March 19, 2013 City Council Meeting N. APPROVE a Resolution to accept a grant from Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open Streets) community event planned for September 15, 3013. ACTION TO BE CONSIDERED: APPROVE a Resolution to accept a grant of $10,000 from Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open Streets) community event planned for September 15, 2013. FACTS: • On January 2, 2013 the City Council approved the application to Blue Cross & Blue Shield of Minnesota for a grant to host a Streets Alive (Open Streets) event that would engage the community in activities and events that support an active and healthy lifestyle. The event is also in line with the City's goals of promoting active living and environmental friendly practices. • The City of Eagan was notified that it had been selected to receive $10,000 in sponsorship grant funds to support the Streets Alive (Open Streets) event planned for September 15, 2013. • The Strategic Open Streets event Sponsorship Agreement with Blue Cross and Blue Shield of Minnesota includes the following key requirements: • The City would be required to comply with guidelines, restrictions and standards for use of Sponsor's name, logo and attribution and would require pre- approval for any and all use. Sponsor would retain the right to approve or reject the placement, color or size of their logo or name on all event related material or advertising. • The Streets Alive event would acknowledge BCBS as "Presenting Sponsor" with their logo appearing larger than any other lower level sponsors. • The BCBS name and logo will need to be included on all promotional materials. • The event will provide a 10 x 30 priority exhibition space, with sampling rights, plus 20% discount on additional exhibition space for BCBS. • BCBS would be offered the opportunity to sponsor or include a promo item in giveaway bags. • BCBS would be offered the opportunity to participate in media interviews regarding the event, whenever possible. • The City would need to demonstrate best efforts to make other promotional opportunities available to BCBS, including onsite, to increase visibility for its community -based prevention initiatives. • The City would not be able to solicit or engage as a sponsor any other health insurance plan or third party claim administrator or entity affiliated with any other health insurance plan with respect to funding, promotion or engagement in the event. • The City Attorney is reviewing this agreement to ensure it represents the best interest of the City of Eagan. ATTACHMENTS: • Resolution on page 3,3 • Strategic Open Streets Event Sponsorship Agreement on pages 3Gi " 45 Of CITY OF EAGAN RESOLUTION TO ACCEPT A GRANT FROM BLUE CROSS & BLUE SHIELD OF MINNESOTA FOR A STREETS ALIVE (OPEN STREETS) COMMUNITY EVENT WHEREAS, the City of Eagan offers several community wide events during the year that promote an active and healthy lifestyle; and WHEREAS, the City of Eagan applied for and received a $10,000 grant from Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open Streets) community event planned for September 15, 2013; and WHEREAS, the Streets Alive community event is in line with the City's goals of promoting active living and environmental friendly practices; and WHEREAS, the Strategic Open Streets event Sponsorship Agreement with Blue Cross & Blue Shield of Minnesota includes several requirements outlining the guidelines, restrictions and standards for this partnership event; and WHEREAS, the grant requires no match by the City of Eagan; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept a grant of $10,000 from Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open Streets) Community Event planned for September 15, 2013. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19 "' day of March, 2013. City Clerk 3B STRATEGIC OPEN STREETS EVENT SPONSORSHIP AGREEMENT This Sponsorship Agreement ( "Agreement ") is entered into as of March 13, 2013 (the "Effective Date ") by and between City of Eagan ( "Promoter "), located at 3830 Pilot Knob Road, , Eagan, MN 55122, and BCBSM, Inc., dba Blue Cross and Blue Shield of Minnesota ( "Sponsor ") located at 3535 Blue Cross Road, Eagan, Minnesota, 55122. WHEREAS Sponsor is committed to initiatives intended to promote physical activity of Minnesotans. WHEREAS, Promoter is engaged in a physical activity event, called Eagan Open Streets (Streets Alive!), to be held no later than December 31, 2013, with estimated date of occurrence September 15, 2013. This event will be open to walkers, joggers, bicyclists, skateboarders (any form of human - powered transportation) constitute such an initiative also known as The Open Streets event. In addition, this Open Street event will build support for biking and walking as modes of transportation and provide an opportunity to build support regarding infrastructure for active transportation. Collectively, these activities constitute the "Project." WHEREAS, Promoter desires to provide Sponsor with visibility and recognition as the Presenting Sponsor of the Project. WHEREAS Sponsor hereby agrees to make a financial contribution to Promoter in the amount of $10,000.00 ( "Sponsorship ") in support of the Project, subject to the terms and conditions of this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. This Agreement represents the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements relating to its subject matter. 2. This Agreement represents the entire agreement between the parties with respect to its subject matter, and supersedes all prior agreements relating to its subject matter. 3. Term. This Agreement shall be effective as of the last date of signature below. 4. Termination. In the event of a breach by either party of any term of this Agreement, the non - breaching Party may terminate this Agreement by written notice to the breaching Party if the breaching Party fails to cure such breach within thirty (30) days of receipt of written notice thereof. In addition, either Party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other Party (i) ceases to function as a going concern or to conduct operations in the normal course of business, or (I!) has a petition filed by or against it under any state or federal bankruptcy or insolvency law which petition has not been dismissed or set aside within sixty (60) days of its filing. 5. Promoter shall use sponsorship dollars to only support events that follow the Open Streets model of being open to the public and having no registration requirements (including but not limited to registration fees). 6. Promoter shall comply with any and all guidelines, restrictions and standards for the use of Sponsor's name, logo and attribution, including, but not limited to, those set forth in Appendix A (Communications Requirements for Community Funding Recipients), and provide Sponsor with (a) proofs for review and approval prior to printing or other publication (including paper or electronic publishing, and creation of audio /video documentation) of any Project - related material, advertising or video containing attribution of Sponsor or Sponsor' name or logo, and (b) the opportunity to approve or reject the placement, color or size of Sponsor's name or logo on all Project - related material or advertising. Sponsor retains all right, title and interest in its corporate name and logo, and nothing in this Schedule or the Agreement will be construed to constitute a waiver of any other right or remedy Sponsor may have relative to the use of its corporate name or logo by Promoter. 7. Promoter shall acknowledge Sponsor as "Presenting Sponsor ", with the Sponsor logo appearing comparatively larger than lower level sponsors, in all materials related to the Project including but Page 1 of 7 eagan open streets sponsorship 3.11.13.docx 30� not limited to: promotional literature, brochures, publications, press releases, advertisements and digital /multi -media content. The following language, or such other language approved by Sponsor as set forth in Appendix A, shall be used: Funding for this project is provided by the Center for Prevention at Blue Cross and Blue Shield of Minnesota, as part of the Blue Cross' long -term commitment to tackle the four leading causes of heart disease and cancer: tobacco use, obesity, lack of physical activity and unhealthy eating. 8. Responding to Media Inquiries about Sponsor. Promoter may not make any media statements on behalf of Sponsor under any circumstance. However, Promoter may publicize the Project that Sponsor has funded the Project and advise media to contact Sponsor directly for more information. In addition, if any media outlet contacts Promoter requesting comment on behalf of Sponsor, Promoter shall contact its Sponsor Communications representative immediately. Any proactive outreach to media shall be coordinated with Sponsor Communications staff as specified in the attached Appendix A. 9. Sponsor may, at its sole and absolute discretion, publicize the project which is the subject of any Schedule, including the use of references, case studies or other mention in reports to the community, research reports, annual reports, marketing materials or such other print, broadcast, online or other media as Sponsor may elect from time to time. 10. Grant of license. Promoter hereby grants to Sponsor and its affiliates a worldwide, transferable, sublicensable, perpetual, non - exclusive, royalty free, fully paid, license to use, reproduce, display, and /or create derivative works (including to adapt or excerpt for Sponsor's use, including for commercial purposes) from any promotional materials, toolkits, educational materials, audio, video and /or other works created by or on behalf of Promoter in connection with the use, display, operation, modification, distribution and /or commercial exploitation of the Project. Further, Promoter hereby grants to Sponsor and its affiliates a non- transferable, non - sublicensable, non- exclusive, royalty free, fully paid, license to use, reproduce and display such representations of the Project (including its name and logo) as are reasonably necessary for Sponsor to fulfill the purposes of this Agreement. 11. Promoter shall provide the following to Sponsor in exchange for the Sponsorship: a. Include Sponsor's name and logo on promotional materials associated with the Project, including but not limited to: signage, banners, brochures, posters /flyers, programs, websites (with link), advertising and press releases. b. Provide 10 x 30 priority exhibition space, with sampling rights, plus 20% discount on additional exhibition space. c. If giveaway bags are available, provide the opportunity to sponsor them and or include a promo item in the giveaway bags. d. Offer the opportunity to participate in media interviews regarding the Project, whenever possible. e. Demonstrate best efforts to make other promotional opportunities available to Sponsor, including onsite, to increase visibility for its community -based prevention initiatives. 12. The Parties acknowledge that the Sponsorship does not constitute an association for the purpose of establishing a partnership or a joint venture, nor create any trustee or agency relationship between the Parties. 13. Each Party hereby represents that it has full power and authority to enter into this Agreement and to perform its obligations hereunder; it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement; and to the best of its knowledge and belief, the services to be rendered and the materials provided by each Party under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party. 14. Indemnification. Promoter and Fiscal Agent agree to indemnify, defend and hold harmless Sponsor, its trustees, officers, employees and Affiliates from and against all claims, damages, actions, claims, expenses and costs (including reasonable attorneys' fees) which result or arise from this Agreement or a breach of this Agreement. Page 2 of 7 eagan open streets sponsorship 3.11.13.docx E 15. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Minnesota. 16. Assignment. Neither party shall sell, transfer or assign this Agreement, or delegate its obligations hereunder, without the prior written consent of the other party, except that Sponsor may assign this Agreement in whole or in part to any affiliate of Sponsor upon notice to Promoter. 17. Promoter shall not solicit, and shall not engage as a sponsor, any other health insurance plan or third party claim administrator, or any entity owned or controlled by, or under common ownership or control with, any other health insurance plan or third party claim administrator with respect to funding, promotion or engagement in the Project. 18. Consultant/Promoter warrants that it has not performed services funded by or to the benefit of the tobacco industry within the past 5 years. Furthermore, Consultant/Promoter will not pursue or accept a contract, including sponsorship or participation, with a tobacco company during the term of this Agreement. Promoter will make every reasonable effort to ensure that any sponsors or corporate participants in the Project have not been involved with other projects funded directly or indirectly by the tobacco industry, or any other projects that could reasonably be considered counter to tobacco reduction or cessation efforts. In addition, Consultant/Promoter will make every reasonable effort to ensure that any subcontractors performing Services under this Agreement have not been involved in projects funded directly or indirectly by the tobacco industry, or any projects that would be considered counter to Sponsor' initiatives on tobacco use reduction or cessation. 19. If consultant or promoter has had relationship with tobacco industry in the past 5 years, they will provide the following information within 5 days of receipt of this agreement. Name /description Our organization's Depts /divisions Funder(s) of Timeframe in of project role in project within our the project which we were organization that involved in project carried out this work IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement as of the date first above written. BCBSM, INC., dba Blue Cross and Blue Shield City of Eagan: of Minnesota: By: David Spalding By: Juli Seydell Johnson Senior Vice President, Business Development Signature Print Name Date Signature Print Name Date Page 3 of 7 eagan open streets sponsorship 3.11.13.doex LA1 APPENDIX A COMMUNICATIONS REQUIREMENTS FOR FUNDED ORGANIZATIONS The Center for Prevention at Blue Cross and Blue Shield of Minnesota ( "Blue Cross ") is proud to support organizations that share our commitment to improving the health of all Minnesotans. Our funding is designed to help you achieve the policies, systems and environmental changes that will make our communities places where healthy choices are easier and more assessable. Effective communications play a vital role in achieving this. As a condition of your agreement with us, you are required to adhere to specific requirements when communicating about the project we're funding. These requirements encompass all communications with the public, media and other external stakeholders, whether promotional or informational in nature. If you have any questions regarding the requirements detailed below, please contact our Communications Department at Center Communications (a)bluecrossmn.com. General requirements Using our name and logo Your first reference to our organization in written communications must be to "the Center for Prevention at Blue Cross and Blue Shield of Minnesota ( "Blue Cross ")." On subsequent references, you should simply refer to our organization as "Blue Cross." When referring to Blue Cross in speeches, presentations, audio, video recordings or other verbal communications, your first reference should always be to "the Center for Prevention at Blue Cross and Blue Shield of Minnesota." On subsequent references, you may simply refer to our organization as `Blue Cross." Several versions of our logo are available for your use. These will be accompanied by additional requirements which must be followed whenever our logo is used. For more information or to request a copy of our logo, please contact Center Communications (a- )bluecrossmn.com. Naming your program You are encouraged to name your funded program. The best names are typically concise yet descriptive. Neither "Blue Cross" nor "Center for Prevention" may be referenced in your program name. Using "contract" versus "grant" We provide funds via contracts rather than grants. Please avoid using the term "grant" when referring to our funding arrangement, and instead use the words "funding," "support" or "award." Notification of funding Funding will not be awarded until you have negotiated and signed a contract with Blue Cross. Until this is complete, you may not issue any public announcements or communicate broadly about this funding. You may notify key constituents, including senior staff and /or board members, but please be explicit about the requirement to keep this information confidential. Page 4 of 7 YD, eagan open sheets sponsorship 3.11.13.docx During the term of your contract Once the contract is signed, you will be contacted by a member of the Center for Prevention's communications staff to discuss timing of the initial award announcement. Blue Cross typically issues a state -wide press release announcing all funding recipients at once, so it may be several weeks after your contract is signed before this information is made public. A member of the Center for Prevention's communications staff may also work with your organization to issue a joint release to your local community media and any special- interest publications. Blue Cross will provide a template for this news release, as well as pre- approved social media posts announcing your award, as Blue Cross deems appropriate. Proactive communications Blue Cross requires prior review and approval of any communication related to the project we're funding. This includes but is not limited to press releases, publications, reports, collateral, websites, presentations or videos. After your contract is signed, you will be assigned a representative from the Center for Prevention communications team and /or an external communications technical assistance provider. They will provide contact information to help expedite the approval process for all communications associated with your project. However, please keep the review times noted below in mind and allow additional time whenever possible. Funding acknowledgement copy When using the copy below, allow up to three business days for review and final approval: • Preferred copy: Funding for this project is provided by the Center for Prevention at Blue Cross and Blue Shield of Minnesota, as part of Blue Cross' long -term commitment to tackling the four leading causes of heart disease and cancer: tobacco use, obesity, lack of physical activity and unhealthy eating. • Abbreviated copy (for times when you have space constraints): Funding for this project is provided by the Center for Prevention at Blue Cross and Blue Shield of Minnesota. • Copy for use when Blue Cross is not the primary funder: Funding for this project is provided in part by the Center for Prevention at Blue Cross and Blue Shield of Minnesota. If these options do not fit the format of a printed communication you're producing, such as an annual report, please work directly with your communications contact or email Center Communications bluecrossmn.com to discuss other options. Requests for quotes and comments Blue Cross may provide quotes and comments for inclusion in press releases and other materials associated with the project we're funding. Please allow a minimum of three days for these requests and, whenever possible, include a draft of the communication the quote or comment will be inserted into. We require subsequent review if any material changes are made to the communication after the quote or comment is approved. A final copy of the communication must be submitted to Blue Cross prior to distribution. Page 5 of 7 eagan open streets sponsorship 3.11.13.docx q Joint announcements In some instances, it may be more effective to issue a joint announcement with Blue Cross. To identify these opportunities, please keep your Center for Prevention communications representative and /or technical assistance provider updated on any key milestones, results and accomplishments of your project. When issuing a joint announcement, you must include the following Blue Cross statements: About the Center for Prevention The Center for Prevention at Blue Cross and Blue Shield of Minnesota delivers on Blue Cross' long -term commitment to improve the health of all Minnesotans by tackling four leading causes of heart disease and cancer: tobacco use, obesity, lack of physical activity and unhealthy eating. Funded through proceeds from Blue Cross' historic lawsuit against the tobacco industry, we collaborate with organizations statewide to help build vibrant communities where healthy choices are easier and more accessible. About Blue Cross and Blue Shield of Minnesota Blue Cross and Blue Shield of Minnesota, with headquarters in the St. Paul suburb of Eagan, was chartered in 1933 as Minnesota's first health plan and continues to carry out its charter mission today as a health company: to promote a wider, more economical and timely availability of health services for the people of Minnesota. Blue Cross is a not- for - profit, taxable organization. Blue Cross and Blue Shield of Minnesota is an independent licensee of the Blue Cross and Blue Shield Association, headquartered in Chicago. Go to bluecrossmn.com to learn more about Blue Cross and Blue Shield of Minnesota. Media Relations — Reactive On occasion, you may be contacted by a reporter without initiating any proactive outreach. If this happens, please take time to evaluate whether the interview opportunity: • Will help advance the goals of your funded project • Is being proposed by a reputable media outlet, journalist or blogger • Is in the best interest of your organization, project and Blue Cross If you the opportunity meets these criteria: • Attempt to notify your Center for Prevention communications representative and /or communications technical assistance provider prior to returning the reporter's phone call or email. • If the reporter is on a tight deadline and you have not been able to reach your communications representative within three hours, use your best judgment — but do not speak on behalf of Blue Cross in any circumstance. • Direct any questions regarding Blue Cross to Stacy Housman at 651 - 662 -1415 or Stacy M Housman(a)bluecrossmn.com. • Immediately following the media interview (preferably within an hour), follow -up with your communications representative to provide an overview of the conversation and any need for follow -up from Blue Cross. • Alert Blue Cross when coverage appears and forward a copy (if available) to your communications representative. Page 6 of 7 eagan open streets sponsorship 3.11.13.docx q4 After your contract is complete Any communications regarding the results or impact of your funded project including but not limited to: press releases, reports, website copy and videos, must reference Blue Cross as a funder. We also require prior review of these materials as outlined in the section above. Blue Cross initiated communications Blue Cross reserves the right to include the name of your organization and information on the project we're funding in any communication including, but not limited to, press releases, reports, website copy, videos, marketing materials, internal communications and presentations, with or without your prior review. Failure to adhere to communications requirements Failure to adhere to our communications requirements will be deemed a material breach of contract, and may result in denial of funding or reimbursement for project expenses, nonrenewal of a multi -year agreement or a termination of your contract. Blue Cross@ and Blue Shield@ of Minnesota is a nonprofit independent licensee of the Blue Cross and Blue Shield Association Page 7 of 7 eagan open sheets sponsorship 3.11.13.docx Consent Agenda Information Memo March 19, 2013, Regular City Council Meeting O. Authorize staff to seek bids for an equipment /transport vehicle. ACTION TO BE CONSIDERED: Authorize staff to advertise for bids to purchase a vehicle that would transport personnel and law enforcement equipment. FACTS: • The approved 2013 Capital Improvement Project Budget includes a vehicle that would be used to replace a trailer currently used to haul equipment for the police department's "SWAT" Team. Unfortunately, the trailer is undersized and the police department has no vehicle capable of safely transporting the equipment and associated personnel. • The police department has prepared specifications for a replacement vehicle and is asking the Mayor and Council for authorization to proceed in seeking bids. • The specifications for this truck will allow for the safe and timely transport of gear and personnel during critical incidents. • After the bids are received, they will be presented to the Mayor and Council at a future meeting for consideration. ATTACHMENTS: • None WIP Agenda Information Memo March 19, 2013 Eagan City Council Meeting P. CITY PROJECT NO. 1088 PIPELINE RELOCATION AGREEMENT ACTION TO BE CONSIDERED: Approve an agreement for the relocation of an existing Xcel Energy pipeline within the Cedar Grove Redevelopment Area (Cedar Grove Boulevard — City Project No. 1088), subject to the Economic Development Authority granting an Utility Easement to Xcel Energy, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 13 -01 provides for street and utility improvements for Cedar Grove Boulevard (formerly Cedarvale Boulevard) within the Cedar Grove Redevelopment Area in northwest Eagan as outlined and discussed in the feasibility report for Project 1088, prepared by the consulting firm of Bolton and Menk, Inc. • On December 18, 2012, the City Council held a public hearing for Project 1088. The Council approved the project for the 2013 construction season. • On February 19, the City Council approved the plans and specifications and authorized the advertisement of bids for Contract 13 -01. The bid opening is scheduled for March 26, 2013. • The proposed street and utility improvements will accommodate the relocation of a significant portion of the existing street. As is typical, private utilities have been permitted to locate within the existing public right -of -way. Due to the history of this city street, a turnback of a state highway (Old Sibley Memorial Highway), the nature of the private utilities is more significant than what would typically be expected. • Xcel Energy has approximately 3,000 feet of 26 -inch diameter pipeline that will need to be relocated in conjunction with the public improvement. Xcel Energy has estimated the cost for the relocation and associated work to be $1,320,000. • An agreement between the City of Eagan and Xcel Energy has been prepared providing for the cost of the relocation of an Xcel Energy pipeline within Cedar Grove Boulevard. The agreement requires the City to pay $568,000 prior to the commencement of relocation activities. The cost would be the responsibility of the Major Street Fund and would be reimbursed by the developer per agreement with the City. • The Economic Development Authority, for the benefit of the City, is to grant Xcel Energy a permanent easement to accommodate the relocation of the pipeline at the time of the execution of the agreement. • Public Works staff and the City Attorney's office have reviewed this agreement and found it to be necessary to .accommodate Contract 13 -01 (Cedar Grove Boulevard — Street and Utility Improvements) and in order for favorable Council action. I1 Agenda Information Memo March 19, 2013 Eagan City Council Meeting PUBLIC HEARINGS A. LOTS 5 -8, BLOCK 5, EAGANDALE CENTER INDUSTRIAL PARK DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Close the public hearing for the vacation of public drainage and utility easements located on Lots 5 -8, Block 5, Eagandale Center Industrial Park. FACTS: • On February 8, 2013, City staff received a petition from Mr. Mike DiNanno, representing Chicago Tube & Iron Co. (2940 Eagandale Boulevard), requesting the vacation of public drainage and utility easements on the current Chicago Tube & Iron site (Lots 5 -8, Block 5 Eagandale Center Industrial Park). • The purpose of the request is to allow the recording of a final plat that would combine the four existing lots to allow for an addition to the existing building. • The request would vacate existing perimeter drainage and utility easements on the Chicago Tube & Iron property. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The final plat of CTI Addition will combine all four lots into one lot will dedicate the necessary public drainage and utility easements that will adequately address public drainage and utility purposes. • The final plat for CTI Addition development is scheduled for Council consideration at a future Council meeting with a date uncertain at this time. • Since Council action on the vacation needs to coincide with the Council action on the CTI Addition final plat, it is recommended to continue this action to a future City Council meeting when the plat is ready for Council consideration. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. ATTACHMENTS: Location Map, page 49 . Easement Vacation Legal Description, graphic, page EASEMENT 494 VACATION _ MENDOTA HEIGHTS � LOCATION 0 LONE OAK RD. Jj o e �a s so 28 „YANKEE DOODLE RD. C—D 10 0, (L � Z az — �h a � i r 'I r DIFFLEYf RD.'-- 30 30 W 43 W._ CITY OF EAGAN Fig. 1 Proposed Easement Vacation Location Map City of6ap Lots 5 -8, Blk.5, Eagandale Center Industrial Park 3/28/2011 i »tea Al'YfpLY C2'f' 3X1'1 AHV/�3Ttv/YJ17 I � Aan GV0 H Nd0 3 N M d:r+ X /y •cy •or, >wu •VIY' v J l O s I •- oo•orr C0m J D O P LIJ Lo a < F- F- %_ ZwN¢ 'ON '000 83d iN3N3SV3 ,Ulllln 02z >` LIJ O LIJ —J (Y ^� 4.., v n \J CD +� v s 0 00 •N rI `ri o Q J h- z 0 0 p U �.J W � 4- Y `I W ° N O W Q O `0 oQ+ O OLD L N 0, +, ® O Z > U -'`~ U v+ 1 3 0 Q o +, U Q> LLi O v 7 coo !— O CF N T H p 7 L j 4-+ - � M Y V) 0 '6 O vi c0 pU f� \ VJ 4-1 C3 C>7 O U1 QJ L z 3 O W p O N n � m10 Lws- QYN Q0 :� > co oZ Q� naz Q, Ln w c u u 3 J pp U c O W X E J a, to: E GO 7" � 0 f0 U f0 'ty I.n 3 Z o C, am, a U w p D =U N o O )" l7 ca Q N O L > U M m v c Lu p U '0 t C cn r- m Q p c M O ra ou (D E 01 ro +' N C- C L6 _ MLD C'iy 304, WS 1 Cd 4>1 .0 "6 O 0 O ,I•f1.9/685•,. .F�i _�•+ •C 4- -_Q O !� Z (Un U O O L{ i m p Co 4T 0) c0 w m G v 6 O ,- :3 + O u W > G , + iY 5 mQ 4. a)M� � C- +-+ -J-j S (i p J C fU N � -o p C O U O Q Q cr- ..0 fit' Q' f0 +� f6 al v c v� en4?Y 0� O cn >, N "0 i tB 4- C) z +, O U o .•� o oa)C Odd M � r N O O w C0m J D O P LIJ Lo a < F- F- %_ ZwN¢ 'ON '000 83d iN3N3SV3 ,Ulllln 02z >` 01 LIJ � (031VOVA F- o p 'ON '000 83d iN3N3SV3 ,Ulllln ~ LIJ O LIJ —J C� \J LIJ m <� W _ a F-- U — W (!) W,w w / QUm w O �av J 0 y -- p ce <w ¢oo J 0 � a? LU Q Q W m u� O C) J Z W w Q W oo xr -XVI r "m A10R.M.K7 r Mwd o n 75r 791149,68H (031VOVA S 101 JO 3NIl N 38 01) CZOZ91 p 'ON '000 83d iN3N3SV3 ,Ulllln oo xr -XVI r "m A10R.M.K7 r Mwd o I 75r 791149,68H +' N S 101 JO 3NIl N �GYOY 3011I213S LS34f •ivlcyi�Silvir� `Ii��lvd Uji %Y�iV � IYVIYYV�i Y.] >R � I � .Y Gj n1 C $ m W J 9 � O $ o Q2 w �J ij C9 U I C UI � U w P: I �� i � tC N LL O II U U C CJ J Q U V) a 01 3 N O O rn co N N H Vi M N K N H co m co 1 N O N Agenda Information Memo March 19, 2013 Eagan City Council Meeting PUBLIC HEARINGS B. LOT 9, BLOCK 1, LETENDRE ADDITION NO.3 DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of public drainage and utility easements located on Lot 9, Block 1, Letendre Addition No. 3, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On January 17, 2013, City staff received a petition from Mr. Grant D. Jacobson, representing Dakota County Community Development Agency (CDA), requesting the vacation of public drainage and utility easements on the former Richfield Blacktop site (Lot 9, Block 1, Letendre Addition No. 3). Said parcel is included as part of the proposed Riverview Ridge Family Housing development along the east side of Highway 13 across from Terminal Drive in northwest Eagan. • The purpose of the request is to allow the recording of a final plat of the property for the proposed Riverview Ridge Family Housing development as a CDA residential development. • The request would vacate all of the perimeter drainage and utility easements on the former Richfield Blacktop property. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The new final plat, Riverview Ridge Family Housing Addition, will dedicate perimeter public drainage and utility easements that will adequately address public drainage and utility purposes. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page • Easement Vacation Legal Description, graphic, page .J 51 MENDOTA HEIGHTS CITY OF EAGAN Proposed Easement Vacation Location Map City flap Lot 9, Blk.1, Letendre Add, No.3 5a Fig. 1 3/28/2011 N EASEMENT VACATION LOCATION' i LONE OAK RD. O�. yj ',YANKEE-DOODLE RD. J 28 or j - rw DIFFLEY, RD.' —;� 30 � - rt L; \W QQ W -- 43 Lu CLIFF ROAD CITY OF EAGAN Proposed Easement Vacation Location Map City flap Lot 9, Blk.1, Letendre Add, No.3 5a Fig. 1 3/28/2011 Proposed Drainage and Utility Easement Vacation Lot 9, Block 1, Letendre Add. No. 3 MY of Wan Date: 2/07/2013 Agenda Information Memo March 19, 2013 Eagan City Council Meeting PUBLIC HEARINGS C. CEDAR GROVE REDEVELOPMENT AREA EASEMENT VACATIONS ACTION TO BE CONSIDERED: Approve the vacation of public easements located in the Cedar Grove Redevelopment Area and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On June 5, 2013, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part 111 (2013 -2017) and authorized the initiation of the public improvement process for the 2013 programmed improvements. The reconstruction/realignment of Cedar Grove Boulevard, including utility relocations, was included as part of this approved CIP. • Also, in conjunction with the overall redevelopment of the Cedar Grove Redevelopment Area, a petition to vacate other miscellaneous and no- longer- needed public easements in the area has also been prepared and submitted for Council consideration to schedule a public hearing on March 19, 2013. • The purpose of the request is to allow the recording of a final plat of approximately 51 acres for the proposed commercial retail development. • The request would vacate all of the public right -of -way and drainage and utility easements within this portion of the Cedar Grove Redevelopment Area. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The new final plat, Paragon Outlets at Cedar Grove, will dedicate public right -of -way and drainage and utility easements that will adequately address the public streets and drainage and utility purposes. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing. No objections have been received to date. • This vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: _ _ • Location Map, page S� . • Easement Vacation Legal Description, graphic, page MCP ,J P YANKEE DOODLE RD. N 28 r EASEMENT VACATION' LOCATION `- V, , DIFFLEY, RD." :O Q W LU U LL CLIFF ROAD �f APPLE VALLEY CITY OF EAGAN Proposed Easement Vacation Location Map City ofEa�a� Cedar Grove Redevelopment Area Fig. 1 3/28/2011 IV FT Ai Al SUN A I A ci O-i t ANU .Y Ndl j WV, - 34 L ----- - - - - - i4 fw, C3 , M10 M v Cll p —54 4 All 1W. qi- FIER ARM ji RN GCO 6., Z wol= w < R < < W > W 99 U z e al 81 Sol iii 0 Z wol= w < co () X < < W > W 99 U z e al 81 Sol Z wol= w < co () X < < W > W z e Agenda Information Memo March 19, 2013, Eagan City Council Meeting D. VARIANCE — TODD GELLER (EAGAN CONVENIENCE CENTER, 1380 DUCKWOOD DRIVE) ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Variance to increase the total pylon sign area to 156 s.f., adding one 12 s.f, tenant panel, upon property located at 1380 Duckwood Drive, subject to the conditions listed in staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The site was developed in 1986 with a multi- tenant retail commercial building and a CUP for a pylon sign was also approved at that time. The pylon sign is located on the northwest corner of the property. ➢ In 1994, a Variance was approved allowing an increase in the total sign area from 125 s.f. to 144 s.f. was approved. ➢ The existing pylon sign contains one 32 s.f. sign panel, four 16 s.f. panels, and four 12 s.f. panels. ➢ The applicant proposes another 18" x 8' sign panel, adding 12 s.f to the pylon sign area. This would bring the total pylon sign area to 156 s.f. ➢ The applicant's narrative indicates that providing the additional sign panel is "in the best interest of both the shopping center and the City as it will help maintain high occupancy and increase the probability for the success of all businesses that occupy space in the center." Staff has some concern about the precedent that an additional Variance may set for other pylon signs. ➢ It does not appear that granting of the Variance would result in detrimental effects to the neighboring properties or the public. Slightly reducing the size of existing sign panels to accommodate the new panel could avoid the need for the requested Variance; however, the applicant is not proposing that as an option. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: April 30, 2013 ATTACHMENTS: (2) Location Map, page 5� Planning Report, pages E_ through (o-7 T� PLANNING REPORT CITY OF EAGAN REPORT DATE: March 14, 2013 APPLICANT: Todd Geller PROPERTY OWNER: Geller Family Limited Partnership III REQUEST: Variance LOCATION: 1320 Duckwood Drive CASE: 15- VA- 02 -03 -13 HEARING DATE: March 19, 2013 APPLICATION DATE: March 1, 2013 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: SA /RC, Special Area /Retail Commercial ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting approval of a Variance to increase the total pylon sign area to 156 s.f., adding one 12 s.f. tenant panel, upon property located at 1380 Duckwood Drive, legally described as Lot 1, Block 1, Eagan Convenience Center. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. E; CA Planning Report — Eagan Convenience Center March 19, 2013 Page 2 d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. g. Whether the property for which the variance is requested is in compliance with the City Code. CODE REQUIREMENTS City Code allows a maximum sign area of 125 s.f. per side on pylon signs. BACKGROUND /HISTORY Eagan Convenience Center was developed in 1986 and a Conditional Use Permit for a pylon sign was also approved at that time. In 1994, a Variance was approved allowing an increase in the allowable pylon sign area from 125 s.f. to 144 s.f. There have been a variety of retail, service and restaurant tenants occupying the center at various times, and the division of building space and the mix and size of tenants has changed over time. There are now ten tenant spaces within the building. EXISTING CONDITIONS The site is developed with an in -line multi- tenant retail commercial building. Access to the site is provided from Duckwood Drive and from Krestwood Lane. The primary parking lot is located on the north side of the property, with a service drive and single row of parking along the south side. The existing pylon sign is located on the northwest corner of the site. The existing pylon sign contains 144 s.f. of sign area consisting of one 32 S. sign panel, four 16 s.f panels, and four 12 s.f. panels. EVALUATION OF REQUEST Proposal - The applicant is proposing an additional 12 s.f. panel, bringing the total sign area of the pylon to 156 s.f. The new panel is proposed to be located at the bottom of the sign, and would not increase the height of the pylon sign. None of the sign panels are dynamic signage. The proposed new sign panel is 18" x 8', which is consistent with the smallest existing sign panels on the pylon. No% Planning Report— Eagan Convenience Center March 19, 2013 Page 3 Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. The condition which necessitates the variance request is an increase in the number of tenants occupying the building. Staff notes that this is not a condition unique to the land or property. The request does not appear contrary to the Comprehensive Guide Plan, but since the request is to exceed the allowable sign area, it appears to be contrary to the intent of the Zoning Ordinance. It does not appear that granting of the Variance would result in detrimental effects to the neighboring properties or the public. However, the existing sign was previously granted a Variance to sign area and staff does have some concern of the precedent it may set for other pylon signs. An alternative to increasing the total sign area may be to reduce the size of one or more of the existing sign panels to accommodate a tenth sign panel within the existing 144 s.f total area. The applicant's narrative addresses this alternative, stating "none of the other tenants ... are going to be willing to give up part or all of their signage to accommodate another tenant." APPLICANT'S PRACTICAL DIFFICULTIES According to the applicant's narrative, the center added a tenant space when one larger lease area was demised into two smaller tenant spaces in 2009. This increased the number of tenants in the building to ten, yet because at least one vacancy remained, the existing nine tenant panels on the pylon sign were adequate to serve the occupied spaces. The center has recently signed a lease with a tenth tenant, The Joint (a chiropractic clinic), and proposes to add an 18" x 8' (12 s.f.) sign panel for this new tenant to the existing pylon sign. This would increase the total pylon sign area on a single side to 156 s.f. The applicant's narrative indicates that providing the additional sign panel is "in the best interest of both the shopping center and the City as it will help maintain high occupancy and increase the probability for the success of all businesses that occupy space in the center." SUMMARY /CONCLUSION In summary, the applicant is requesting a Variance to increase the total sign area by 12 s.f. for an additional tenant sign panel upon an existing pylon sign. The proposed sign panel is consistent with the smaller existing sign panels on this pylon sign. It does not appear that granting of the Variance would result in detrimental effects to the neighboring properties or the public. (D� Planting Report — Eagan Convenience Center March 19, 2013 Paee 4 Staff has some concern about the precedent that an additional Variance may be set for other pylon signs and that reducing the size of existing sign panels is an alterative that could be considered. The suitability of this request is a policy question for City decision makers. ACTION TO BE CONSIDERED To approve a Variance to increase the pylon sign area to increase the total pylon sign area to 156 s.f., adding one 12 s.f. tenant panel, upon property located at 1380 Duckwood Drive, legally described as Lot 1, Block 1, Eagan Convenience Center. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use pennitted in the variance. 2. A Sign Permit is required prior to installation of the new sign panel. 3. The total pylon sign area shall not exceed 156 s.f. per side. (D d- \ � �� - � � a �� A \ + « w © © . «. \��� >�. 0. g2m; '2 3. g A A 1, '�b i f 0 Z w W Hil III0 0 8 -0 Yb 0 % It, Z'/ R -Zlly. LXOYS33 ==VON SINVIInSNOO SHOA3AunsQNVl � ='ONl '"00 NOSNHor 'S AMWVE:j4 ii V) CL O uj L 2� - L i z lu Q S£ S s• F PZ P z 0 Of 0 (w .) cn Z. 1., 0. W LU 8 —wz 8 wz z 2. E 'UN agic UJ cl -J '^ lz b -5 w P 1� z z W Z 31 lu A 0. g2m; '2 3. g A A 1, '�b i f 0 Z w W Hil III0 0 8 -0 Yb 0 % It, Z'/ R -Zlly. LXOYS33 ==VON SINVIInSNOO SHOA3AunsQNVl � ='ONl '"00 NOSNHor 'S AMWVE:j4 Ld cr rr Ld zv7l 0 AI el 10 s to o ii V) CL O uj L 2� - L i z lu Q S£ S s• F PZ P E -W Of 0 (w .) cn Z. 1., 0. W LU 8 —wz 8 wz z 2. 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The JOINT 96" LOCATION: Eagan Pylon DATE: February 25, 2013 Direct: 952.470.1830 Cell: 612.701.8779 E .�i RECEIVED MAR 012013 Premiumsigns @msn.com c ous LISTED THIS IS AN ORIGINAL UNPUBLISHED DRAWING SUBNUTED FOR USE IN tONNEEHON 441H A PROJECF BEING PLANNED FOR YOU & PREHIUH SIGNS tit, Q D NOT TO BE REPRDOUEED, COPIED OR EXHIBHED IN ANY FASHION WITNOUT WRITTEN PERMISSION OF PRENNIH SIGNS I r SIGN PLAN Eagan Convenience Center 1380 Duckwood Drive Request for Signage Variance Geller Family Limited Partnership III is applying for a variance to allow for an additional panel to be added to the pylon sign at the Eagan Convenience Center. This is required as a result of a lease that was recently signed with a new chiropractic tenant called The Joint for the space directly adjacent to Caribou Coffee. This will be the first time in over 3 years that the center will be at 100% occupancy, thus the reason we have not needed the panel in the past. Until 2008, the shopping center was demised into nine tenant spaces. In the early part of that year Big Apple Bagel went out of business. They had occupied two bays, but with the failing economy and lack of demand for retail space in 2009, we were forced to demise that space, half of which is now occupied by Papa Murphy's Pizza and the other half Clean N Press. As a result the center now has ten tenant spaces and of course each tenant demands space on the pylon sign. The existing sign, which has been in place since 1999, has a total of 144 square feet per side. The new panel to be placed at the bottom would be 18 inches in height and 96 inches in width, bringing the total square footage to 156 square feet per side. As I am sure you can understand, signage is one of the most critical and highly negotiated components of each lease at this center. Traffic in front of the center on Duckwood moves at a pretty fast pace, therefore being able to have a panel on the pylon sign is very important for visibility. Retailers nearly always insist on it. Unfortunately none of the other tenants with existing panels are going to be willing to give up part or all of their signage to accommodate another tenant, therefore we have no choice but to add a panel at the bottom for The Joint. We firmly believe this is in the best interest of both the shopping center and the City as it will help maintain high occupancy and increase the probability for the success of all businesses that occupy space in the center. Thank you for your consideration. RECEIVED MAID 01�„b, NARRATIVE Agenda Information Memo March 19, 2013, Eagan City Council Meeting VI. OLD BUSINESS A. ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE CHAPTERS 2,5 AND 6 RELATIVE TO CRIMINAL BACKGROUND INVESTIGATIONS FOR PERSPECTIVE EMPLOYEES AND BUSINESS LICENSING ACTION TO BE CONSIDERED: To approve Ordinance Amendments to City Code Chapters 2, 5 and 6 relative to criminal background investigations for perspective employees and business licensing and direct the City Attorney to publish the ordinance amendment summary of Chapter 2 and the amendments to Chapters 5 and 6. FACTS: ➢ The Minnesota Bureau of Criminal Apprehension (BCA) collects and stores criminal history data on individuals. The City of Eagan Police Department accesses BCA data while conducting background investigations of potential employees, volunteers and business license applicants. ➢ The BCA requires all cities that use its information for background investigations to approve an ordinance allowing the use of the BCA's data and specifying how it will be used. The BCA and League of Minnesota Cities developed a model ordinance for cities adopt to meet this requirement. ➢ The proposed ordinance amendments incorporate the BCA/LMC model ordinance into Chapter 2 and make housekeeping changes to Chapters 5 and 6. ➢ The proposed ordinance amendments do not change the way the Police Department currently accesses and disseminates background investigation information. Rather, the amendments codify an existing process to ensure compliance with BCA regulations. ATTACHMENTS (1): The proposed ordinance amendment and summary ordinance are attached on pages to W ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.39 REGARDING CRIMINAL BACKGROUND INVESTIGATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Two is hereby amended by changing Section 2.39, to read as follows: Sec. 2.39. Criminal background investigations. WIN MM.- NORMAN ■ Subd. 1. Purvose. The purpose and intent of this section is to establish regulations governing access to the Minnesota Bureau of Criminal Apprehension's Computerized Criminal History System and the Minnesota Department of Public Safety's driver's license records for specified non - criminal purposes of conducting ackground investigations for City employment and volunteer positions and license and permit applications. Subd. 2. Investigation. Upon request of the city administrator or his or her designee, the Eagan Police Department is hereby required, as the exclusive department within the City_, to complete a driver's license and criminal histoly background investigation on the following persons: A. Applicants eighteen years of age or older who are finalists for full -time, part-time or seasonal employee and volunteer positions with the City, unless the Cites hiring authority concludes that a background investigation is not needed. B. All persons subject to a background investigation in relation to a license or permit application submitted to the City as provided elsewhere in this Code. 0 In conducting a background investigation, the police department is authorized to access data maintained in the Minnesota Bureau of Criminal Apprehension's Computerized Criminal History ystem in accordance with Minnesota Bureau of Criminal Apprehension polices driver's license data maintained by the Minnesota Department of Public Safety. Any data that is accessed and acquired shall be maintained at the police department under the care and custody of the Chief of Police or his or her designee. A summary of the results of the Computerized Criminal History data and driver's license data may be released by the police department to the City's hiring or licensing/permitting authority, as gpplicable, including the council and the city administrator, the city clerk, city fire marshal, or other city staff involved in the hiring or licensing/permitting process. Subd. 3. Consent to Investigation. Before the investigation is undertaken, the gpl2licant shall authorize the police department by written consent to undertake the investigation. An applicant's failure to provide consent may disqualify the applicant for the City employment or volunteer position or the license or permit sought. The written consent must fully cply with the provisions of Minnesota Statutes, Chapter 13 regarding the collection, maintenance and use of the information. Subd. 4. Denial, Suspension or Revocation. Except for employment positions or licenses set forth in Minnesota Statutes Section 364.09, the City not reject an applicant for a City employment or volunteer position or a license or permit on the basis of the applicant's prior conviction, or a prior conviction of any other person subject to a background investigation in relation to a license or permit application, unless the crime is directly related to the position or license or permit sought, and the conviction is for a felony, gross misdemeanor, or misdemeanor subject to a possible jail sentence. If the City denies the applicant the employment or volunteer position or the license or permit request or suspends or revokes a license or permit on this basis, the City shall notify the applicant in writing of the following_ A. The grounds and reasons for the denial, suspension or revocation. B. The applicant complaint and grievance procedure set forth in Minnesota Statutes, Chapter 364. C. The earliest date the applicant may re -apply for an employment or volunteer position or the license or permit, as applicable. D. All competent evidence of rehabilitation and present fitness to perform the duties of employment or volunteer position or occupation will be considered upon reapplication. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 2.99, entitled qC) "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Summary Approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 4. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: 3 11 The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on , 2013. ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TWO ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT" BY AMENDING SECTION 2.39 REGARDING CRIMINAL BACKGROUND INVESTIGATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 2.99. Section 2.39 is amended to set forth regulations for background investigations on applicants for City employment or volunteer positions and City licenses and permits. The section authorizes the police department to access the Minnesota Bureau of Criminal Apprehension's Computerized Criminal History System and the Minnesota Department of Public Safety's driver's license records as part of a background investigation. This section further provides for the release of data obtained from the background investigation, as well as notice requirements upon denial of the employment or volunteer position or license or permit application due to findings of the background investigation. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. :l ID, ORDINANCE NO. _ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5, ENTITLED "BEER, WINE AND LIQUOR LICENSING AND REGULATION," BY AMENDING SECTION 5.02 REGARDING APPLICATIONS AND LICENSES UNDER CHAPTER 5; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Five is hereby amended by changing Section 5.02, subd. 1, to read as follows: Subd. 1. Application. All applications shall be made at the office of the city clerk - treasurer upon forms prescribed by the city or, if by the state, then together with such additional information as the council may desire. Information required may vary with the type of business organization making application. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. All applications shall be subject to a criminal background investigation. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including `Penalty for Violation "' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor q�) ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 6, ENTITLED "OTHER BUSINESS REGULATION AND LICENSING," BY ADDING A DEFINITION TO SECTION 6.01 AND AMENDING SECTION 6.36 REGARDING APPLICATION FOR A SOLICITOR PERMIT; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by changing Section 6.01 to add the following definition: Investigation or background investigation or criminal background investigation or criminal background check means an examination or probe utilizing the Minnesota Bureau of Criminal Apprehension's Computerized Criminal HistorySystem, retrieving the Minnesota Department of Public Service's driver's license data, reviewing court records, conducting personal interviews, or engaging in n any other methods or means to examine or inquire into an applicant's application data or eli ig bility for the license or permit sought. Section 2. Eagan City Code Chapter Six is hereby amended by changing Section 6.36, subd. 5(G)(2) to read as follow: 2. The affest or conviction of the applicant within the past five years from the date of application for any violation of any federal or state statute or regulation or of any local ordinance, which adversely reflects on the person's ability to conduct the business for which the permit is being sought in an honest and legal manner. Violations shall include but not be limited to: burglary, theft or theft - related offenses, larceny, swindling, fraud, unlawful business practices, any form of actual or threated physical harm against another person; and any offense or violation committed in the course of solicitation or peddling activity. Section 3. Eagan City Code Chapter Six is hereby amended by changing Section 6.36, subd. 6(A)(3) to read as follow: 3. Arrest or Conviction of any violation for which granting of a permit could have been denied under this section; Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including `Penalty for Violation "' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. 9q ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: is- Agenda Information Memo March 19, 2013, Eagan City Council Meeting B. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT — DAKOTA COUNTY CDA ACTIONS TO BE CONSIDERED: To implement 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 27 -unit townhome development upon property located at 3160 and 3170 Sibley memorial Highway. To approve (OR direct preparation of findings of fact for denial for) a Rezoning from R -4, Residential Multiple and R -2, Residential Double to PD, Planned Development for a residential townhome development 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. To approve a Preliminary Planned Development consisting of 27 townhome dwelling units upon a 4.3 acre site legally described as Lot 9, Block 1, Letendre Addition No. 3 and part of Government Lot 3, Section 9, Township 27, Range 23, subject to the conditions listed in the APC minutes. To approve (OR direct findings of fact for denial) a Final Plat (Riverview Ridge Family Housing Addition) to create one lot consisting of 4.3 acres. REQUIRED VOTE FOR APPROVAL: Comprehensive Guide Plan Amendment — At least three votes Rezoning — At least four votes Preliminary Planned Development — At least four votes Final Plat — Majority of Councilmembers present FACTS: Comprehensive Guide Plan Amendment: ➢ The proposed land use amendment would change the designation of the subject site to MD, Medium Density, allowing for a residential townhome development. ➢ On November 27, 2012, the Advisory Planning Commission (APC) held a Public Hearing to consider the proposed Comprehensive Guide Plan Amendment. 90 ➢ On December 4, 2012, the City Council directed the Comprehensive Guide Plan Amendment to be sent to the Metropolitan Council for review. ➢ On March 6, 2013, the Met Council responded to the proposed Comp Plan Amendment, directing that the City may implement the land use amendment. Rezoning and Preliminary Planned Development: ➢ The APC held a public hearing on November 27, 2012 to consider the proposed Rezoning and Preliminary Planned Development and recommended approval. ➢ The Rezoning and Preliminary Planned Development were also before the City Council for review on December 4, 2012, as the Council considered direction for the associated Comprehensive Guide Plan Amendment. The City Council withheld action on these two items, pending Metropolitan Council review of the land use amendment. ➢ A revised Site Plan dated February 22, 2013, was received to address comments from the APC and City Council meeting. Modifications include the following: • Removal of one unit to allow "T" fire department turn at south end • Larger cul -de -sac at the north end • Removal of driveway connection to the private drive and replaced with a pedestrian connection • Basketball court area added for additional recreation space (no longer a deviation) • Parking stall sizes have been increased to 9'x19' ➢ A revised list of conditions of approval has been prepared based on the revised plan set and is included in the attachments. ISSUES: ➢ Private road /access easement in private negotiation with neighbors to the south. 60 DAY AGENCY ACTION DEADLINE: Waived ATTACHMENTS: (9) Location Map, page 9O Letter from Metropolitan Council, page Ig Letter from MnDOT, on pages 20 through '90- Revised list of proposed conditions of approval, pages through 7S Revised subdivision and development plans, paps � through 29 December 4, 2012 City Council Minutes, page �U November 27, 2012 APC Minutes, pages q1 through ('I Planning Report on pages q(P through ka Public letters, on pages 1 _:�DO through �3 r` q 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 Eap MIR MMM I Feet 500 1,000 2;000 Legend OParcels ;a eulidin s A :j Parks JiiiiMR IM14 C"y Boundary N Metropolitan Council March 1, 2013 Sarah Thomas 3830 Pilot Knob Road Eagan, MN 5512 RE: City of Eagan Riverview Ridge Comprehensive Plan Amendment — Administrative Review Metropolitan Council Review File No. 20606 -8 Metropolitan Council Districts 15, 16 Dear Ms. Thomas: The Metropolitan. Cppncil received the City's Riverview Ridge comp plan amendment on February 4, 2013. The amendment reguides 2 acres from "HD High Density Residential" to "MD Medium Density Residential." The proposal is located east of Sibley Memorial Highway and north of Letendre Street. Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines revised by the Council on July 28, 2010. The proposed amendment does not affect official forecasts or the City's ability to accommodate its share of the region's affordable housing need. Therefore, the Council will waive further review and action and the City may place this amendment into effect. The amendment, explanatory materials, and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions about this review, contact Patrick Boylan, Principal Reviewer, at 651- 602 -1438. Sincerely, LisaBeth Bara'as, Manager J Local Planning Assistance cc: Julie N4.6ns011, Minnesota Housing Tod Sherman, Development Reviews Coordinator, MnDOT Metro Division Steven Chavez, District 15 Wendy Wulff, District 16 Patrick Boylan, Sector Representative Raya Esmaeili, Reviews Coordinator N: ICommDevILPAIComnaunitieslEaganlLetterslEagan 2012 CPA Riverview Ridge _20606 -8 Admin Review. docx IG www, metrocouncil. org 390 Robert Street North • St. Paul, MN 55101 -1805 • (651) 602 -1000 • Fax (651) 602 -1550 • TTY (651) 291 -0904 An Equal Opportunity Employer (4(, `"" °'4,Q Minnesota Department of Transportation f Metropolitan District ,,.e Waters Edge Building OP 1500 County Road B2 West Roseville, MN 55113 February 1, 2013 Mike Ridley City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 SUBJECT: Riverview Ridge, MnDOT Review #P12 -036A East side of TH 13, North of Letendre St. Eagan, Dakota County Control Section: 1901 Dear Mr. Ridley: I, AT4,11 RECEIVED FEB 05 201 Thank you for resubmitting information on the Riverview Ridge development. The Minnesota Department of Transportation (MnDOT) has reviewed the most recent plat and has the following comments: Design It appears that the northbound TH 13 right -turn lane has not been lengthened with a 300' turn lane and a 180' taper. It appears that only the striping has changed. The existing conditions appear to be similar to Figure 5- 4.01A, By -pass lane at T- intersections. If this is the case, please make the changes to the plan to incorporate the dimensions in Figure 5- 3.01A, Right turn lane. Please see the attached document for more details. Include a pavement section with the design. The existing shoulder will need to be removed instead of used as part of the new right turn lane. Provide a more detailed plan for the driveway access including the profile slope and side slopes to the ditch. As a reminder, driveway entrance side slopes need to be 1:6 or flatten down to any ditch. There is grading within MnDOT right of way. Make sure that the proposed slopes do not negatively affect the embedment for the power poles. Please direct questions regarding these comments to Nancy Jacobson, Metro Design (651 -234- 7647 or nanc y.1.'acobson a 7state.m.n.us). Traffic Include a pavement section with the design that provides for a 12' right turn lane and a 1.5' shoulder. Please see the attached "Permanent Pavement Marking Plans" document for additional comments. Please direct any questions regarding these comments to David Sheen, South Area Traffic and Tort Claims (651- 234 -7824 or david.sheen a),state.mn.us). BE illffill Signing • Stop Sign: o The developer shall provide a 36" Stop (R1 -1) sign for the townhome development. o The sign will be mounted on 2 -U channel post with 1 knee brace. • Right Turn Lane • The developer will need to furnish and install a R3 -7 (RIGHT LANE MUST TURN RIGHT) sign mounted at 7' on 2 -U channels posts. • The sign shall be placed at the end of the taper (where the full width of the turn lane has been developed). • The signs will be mounted per MnDOT standards (please see http :/ /www. dot. state. mn. us /trafficeii /signing /si m�, ingplansheets.html - see placement sheets and C &D Ground Mounted Structural Detail Sheets). The necessary sheets shall be included with the permit. The sign shall be fabricated to MnDOT's standards which can be found in the Spec Book (httn://www.dot.state.mii.,us/pi-e-Iettin&/spsLc—/), the changes indicated in Div S special provisions for 2471 Structural Metals, and 3401 Flanged Channel Sign Posts (see ZIP file Boiler Plate SP2005 at http: / /www.d.ot.state.inn.us /pre - letting /prov /index,htmi and Div ST specs (see Spec. Div ST C &D Only at httL)://www.dot.state.mn,us/trafficeiig/signing/manual,htiiiI ) Please direct any questions regarding these comments to Tiffany Kautz, Metro Traffic Engineer (651 -234 -7822 or tiffan y.kautz @state.mn.us). Permits A short form permit is required for the road extension and turn lane within MnDOT right of way. The stone walls and boulder retaining wall not be allowed within MnDOT right of way. Permit forms are available from MnDOT's utility website at http://www.dot.state.mn,us/utilit /. Please include one 11 x 17 plan set and one full size plan set with each permit application. Direct any questions regarding permits to Buck Craig, Metro Permits (651- 234 -7911 or buck. era i c@state.mn.us). Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf version of the plans. MnDOT can accept the plans via e -mail at jnetrodevreviews .dota�state.ann.us provided that each separate e -mail is under 20 megabytes. 2. Three (3) sets of full size plans. Although submitting seven sets of full size plans will expedite the review process. Plans can be sent to: IT• MnDOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 3. One (1) compact disk. 4. Plans can also be submitted to MnDOT's External FTP Site. Please send files to: ft : / /ft 2.dot.state.mn.us/ ub /incomin /MetroWatersEd e/PIannin Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to inetrodevreviews.dot a)state.mn.us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review, feel free to contact me at (651) 234 -7793. Sincerely, Michael J. Corbett, PE Senior Planner Attachments (2): Road Design Manual examples Permanent Pavement Marking Plan examples CC: Lee Williams, Right -of -Way Bruce Irish, Water Resources Buck Craig, Permits David Sheen, Traffic Tiffany Kautz, Traffic Jon Solberg, South Area Nancy Jacobson, Design Julie Lindquist, Dakota County Ann Braden, Metropolitan Council Grant Jacobson, Jacobson Engineering Nathan Thomas, Jacobson Engineering Riverview Ridge Townhomes revised conditions 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 pen-nit 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. 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 stonnwater 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. Revised 3/12/13 �3 Riverview Ridge Townhomes revised conditions 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 stonn, the 10 %/24 -hour storm, and the 1%/24-hour stone. 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. 17. The applicant shall be responsible for annual inspection and maintenance of the stonmwater 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 pen-nit 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. Revised 3/12/13 a t f Riverview Ridge Townhomes revised conditions 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 -tenn 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. Wq- MURK" _ er-MOMAW. I W. M., I � I � "INT NA • 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 hillside. 29. The plans shall be revised to remove reference to `Inver Hills Family Townhomes Inver Grove Heights, MN ". 30. The Site Plan key shall be revised to identify 27 units per the plan along with the revised impervious and building coverage area. 31. The applicant shall install No Parking signs on the south hammerhead, in a form acceptable to the City Fire Marshal. 32. The retaining wall on the south end of the property shall not be located within the drainage and utility easement. 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J Cl -- _r,Jl. 0 �J ol 0 D a �M m :0 o m ° m E o yrAFc `� n z A - n I�1 Z E a z m :^ - m 5 m mmo A S9 V. yF o� no n °° oy A NL i on o "; a a vom yx jai a�.aA. 4p i >;° cnD °A $ y Di °oA �r m�° ¢; lair "� A P P`�a'i9 v in �_I "'�" ° A 9 .rFi Z' i �N m one z �n 'd"F j15.a �g 6 g 9gy�e 1 ¢g N F �. ° 3 °nG amp .co rw-kvj ♦ � tiro x- O UTILITY PLAN o li i yo �o 8 - a WEST LINE OF THE W 1/2 W 1/2 OF THE SW I/4 OF S(:C. 9 aA� CENr C I\ am _ CbOgoN aTFS \ TEj�\NE ug en Z J m Z M mC; N 0 a Ro W - VI N C O Z M c -C t o� �C �m 0 lz \ ' \ a n5 \ - n C \ j \ P -I z r A 9 R Nn° e a I t o� �C �m 0 lz \ ' \ a n5 \ - n C \ -I z r A - z t: I Z I _ 4 � \\ AFy -ni (7n z mza H FF$Un _ a z z`y9 F H m a o m vim was �i pr A z m 9 m�A °� o -amo ;4 ongn Af o �o Q m o =;=mom I I I I I \ P im > 3 o > " z F E'oo "mK A - z t: I I 4 � \\ I =;=mom I I I I I #i m P im > 3 o > " z F E'oo "mK A - z 4 � #i City Council Meeting Minutes December 4, 2012 4 page COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT — DAKOTA COUNTY CDA City Administrator Hedges introduced the item noting the action requested is to submit to the Metropolitan Council a Comprehensive Guide Plan Land Use Amendment. Hedges noted the Advisory Planning Commission held a Public Hearing on November 27, 2012 and is recommending approval. City Planner Ridley gave a staff report and additional history noting the site consists of three separate parcels located east of Sibley Memorial Highway and north of Letendre Street and the proposed development consists of six townhome buildings containing a total of 28 units with a density of 6.4 units per acre. Ridley noted the southerly property is guided medium density and the two northerly properties are currently guided high density; as such only the two northerly properties are affected by the proposed guide plan amendment. The applicant, Karl Gill with Dakota County CDA, discussed the site and the need for the proposed project and was available for questions. The Council discussed the request. Mayor Maguire noted the concern in the Advisory Planning Commission minutes regarding the private drive being included in the project. The Council directed staff to include an update on the private drive issue when the amendment, rezoning and platting items come back before the Council under Old Business at a future City Council meeting. Mayor Maguire opened the meeting for public comment. Ron and Barb Miller, 3217 Donald Avenue, addressed the Council stating concern on the rezoning of the properties. Jeff Poetter, 3270 Sibley Memorial Highway, addressed the Council stating concern regarding the private drive issue. City Administrator Hedges answered their questions. There being no further public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Land Use Amendment that would change the land use designation from HD (High Density), to MD (Medium Density) for approximately 2.1 acres, legally described as part of Government Lot 3, Section 9, Township 27, Range 23, Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA CITY ADMINISTRATOR City Administrator Hedges noted the Proclamation to honor Nicholas David "The Voice for Eagan" DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted the Mayor will have 15 pounds more pressure in his water system along with his neighbors due to the implementation of the Ultra High Pressure Zone as of December 5. 90 Advisory Planning Commission November 27, 2012 Page 5 of 10 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 Multiple and R -2, Residential Double to PD, Planned Development. File Number: 09- RZ- 09 -10 -12 Application: Preliminary Planned Development A Preliminary Planned Development of Approximately 4.3 acres to build rental townhomes. File Number: 09- PD- 05 -10 -12 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated November 20, 2012. She noted the background and history. Member Piper inquired about the five year term of the Preliminary Planned Development. City Planner Ridley explained that if the project is not completed in five years the City will review zoning of the property. He stated once the project is complete the term is complete. Member Vanderpoel inquired about airport noise and new changes to flight plans. City Planner Ridley stated the indoor airport noise requirements will not change. Kari Gill, Dakota County CDA, discussed the site and the need for the proposed project. She discussed other developments and 1,800 families on the waiting list for these developments throughout the county, approximately 1,100 selected Eagan. She discussed income requirements for the leaser and various rent amounts. She discussed property management and onsite management. She stated the project is proposed to be completed in December 2013. She stated there are 19 similar developments in Dakota County, average size 30 units. Chair Heaney opened the public hearing. Paul Streveler, 3250 Sibley 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 CA Advisory Planning Commission November 27, 2012 Page 6of10 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 elevated above, eye level with their home. Tim Green, 3225 Donald Avenue, stated concern with his view of the Minnesota River Valley that will be greatly impacted by the development. He further stated that it is not fair to have townhomes on both the front and back of his home. There being no further public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Ms. Gill discussed background checks done on applicants and stated the information is taken very seriously. Planner Thomas stated the analysis did not include a connection to the private easement in that the staff review only included the 4.3 acres in question. City Planner Ridley clarified only the Richfield Blacktop and two properties to the north are being considered and the access drive will not change. Ms. Gill addressed rezoning of the property and stated it would be a more efficient and uniform development with townhomes throughout. She stated 28 units are proposed, 10 three - bedroom units and 18 two - bedroom units. Kim Bretheim, LHB, addressed the building height concerns. He discussed the grading and the goal to depress the building so the parking garage is semi - buried. He explained that the walk- out level is two feet below ridge line for the east facing neighbors and six feet above ridgeline for others. He stated the ridgeline of the furthest building is two feet higher than the grade. He discussed the trees on the hill and stated those on the bank are not prime oaks but would be maintained as a mass quantity 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. C, a'. Advisory Planning Commission November 27, 2012 Page 7 of 10 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 1, 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 motion 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 , subject to the following conditions as amended. 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. 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 1��) Advisory Planning Commission November 27, 2012 Page 8 of 10 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. 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'. q li, Advisory Planning Commission November 27, 2012 Page 9 of 10 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. qS 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; Saralz 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, Plamied 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 ()(10 Naming 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. qq Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Page 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, Compatibility 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), k! Existing Use Zoning Land Use Designation North Single F ily Home R -4, Residential Multiple HD, High Density Fast Single Family Homes R -1, Residential Single LD, Low Density South Single Family Home R -1, Residential Single LD, Low Density 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, Compatibility 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), k! 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 ii-Anabitants 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. S. 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 Zoning — 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. 1�q Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Page 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 PaRze 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 frill 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/Topography — 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. Jol 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 Quali tx — 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, 01;1 Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Pap,e 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 /Rig_ht -of -Way — 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 —'I'o 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. Landscaping — 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. lvID Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Paize 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 Li hg tiny — 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. iO4 Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Palze 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 connnection 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 TIT $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 43 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 43 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. �oJIS 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 43 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 towrnhome 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. \0(0 Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Page 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 §433 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. � or] Planning Report — Riverview Ridge Townhomes (CDA) November 27, 2012 Page 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 IIighway 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 Tire 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 Ifiternational Fire Code, The parking stalls located off of the cul -de -sac shall meet frill depth _requirements of 19'. 26. The Landscape Plan shall be revised to account for the relocated parking stalls adjacent to Sibley Memorial Hwy. Location Mgp 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 bp `Vq Feet 0 600 1,000 2,000 Legend = Parcels y�i'1 ;����,� Buildings A Parks iii 16na City Boundary N IP' Current Zoning and Land Use Map City of 1 Rpi Application: Riverview Ridge Townhomes Type: Comprehensive Guide Plan Amendment; Rezoning; Preliminary Planned Development Case No.: 09- CG.02.10.7 2 nq_R7_na.1 n_119• na_an_nc in in Zoning R -2 Residential Double District R -4 Residential Multiple District Land Use Plan MD Medium Density HD High Density i N 0 300 600 1,200 G'nA+ P aw co .. ............... Subject Site > tzrz�xti ;rrtxts R -2 n1 _ R-3 ta o. �,. R Il:llill \ \. , JOUR ,.. R-3 R-4 1 J D p. IND Subject Site K QP HD 7 IVID MD., H D M f,.I x Wf s iti p�J 4� � SURVEY , i 114 s� row OF"W 1/2 OF 7NE�� ? 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's ■ I � �er �w � �wl % r i �sr�`$� of I� �. �.",�r u® •� I� a����s,� 11111 I���I mwwu u � II I urn � u a Imp 1 �� � u�ii i!�■ IlaIi1.111 1Ylla���l. �,� �.Ill�lll�l � 111�,� glgl��l nu�mrl . mil � — r k - ELEVATIONS BLDG 6 ir............................... ............. .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FN WPM . . . . . . . . . . . . . . WPM ......................................... ................................................. CD EL g ;u A 0 x M 6 0 D 19 nip SIA - 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, tip 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 world 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 world 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 snakes 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. 4-6,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. lwylpr 'go 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. Ilighway 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. mom 9% ftm �. Sarah Thomas From: Mike Ridley Sent: Tuesday, March 12, 2013 10:14 AM To: Sarah Thomas Cc: Julie Strid Subject: FW: River Ridge Townhomes From: Cheryl Stevenson Sent: Tuesday, March 12, 2013 10:02 AM To: 'Cyndee Fields'; 'Gary Hansen'; 'Meg Tilley'; 'Mike Maguire'; 'Paul Bakken' Cc: Jon Hohenstein; Mike Ridley Subject: FW: River Ridge Townhomes From: Mike Wold [mailto:michael w woldOmsn.com] Sent: Monday, March 11, 2013 4:21 PM To: City Council Subject: River Ridge Townhomes Mayor Maguire and City Council Members, As you know the city council agenda for Tuesday, March 19 will include the consideration of the Comprehensive Guide Plan Amendment, Rezoning and Preliminary Planned Development to allow the Dakota County CDA to build River Ridge Townhomes on 4.3 acres on Sibley Memorial Highway north of Yankee Doodle. I would like to be at your meeting but unfortunately I will be out of town so I would like to send you this message of support for the development. River Ridge Townhomes, if approved, would be the CDA's fourth family rental townhome development in Eagan. These developments are important to be able to handle the need in Eagan for the type of workforce housing which was addressed in the 2010 revision of the Eagan Comprehensive Guide Plan. As you know the Dakota County CDA, under the leadership of Mark Ulfers, has a sterling reputation for the quality of his developments and the excellent management and maintenance so there should not be any concerns in this area. I would like to request your approval of the application. I also want to thank you on behalf of the Metropolitan Interfaith Council on Affordable Housing (MICAH) for the progress that has been made by the council in fostering a wide range of housing choices in Eagan including the workforce housing developments. Thank you, Mike Wold 4167 Starbridge Ct. Eagan, MN 55122 30 Sarah Thomas From: Mike Ridley Sent: Tuesday, March 12, 2013 10:14 AM To: Sarah Thomas Cc: Julie Strid Subject: FW: River Ridge Townhome Development From: Cheryl Stevenson Sent: Tuesday, March 12, 2013 10:01 AM To: 'Cyndee Fields'; 'Gary Hansen'; 'Meg Tilley'; 'Mike Maguire'; 'Paul Bakken' Cc: Jon Hohenstein; Mike Ridley Subject: FW: River Ridge Townhome Development From: PHILLIP THAYER NORMA THAYER [mailto: ntha er msn.com] Sent: Tuesday, March 12, 2013 7:46 AM To: City Council Subject: River Ridge Townhome Development Mayor Maguire and City Council Members, I see that the River Ridge Townhomes development is up for approval at the council meeting on March 19th. I just heard on the radio today that Minnesota ranks number one for the highest rental rates in the country. This is for the third year in a row. It is so critical that people of limited means have access to safe and affordable housing. I am asking you to approve this project and appreciate your efforts in the past to champion for all residents of Eagan. Sincerely, Norma J. Thayer 1746 Deerwood Drive Eagan, MN 55122 (2 N Sarah Thomas From: Mike Ridley Sent: Wednesday, March 13, 2013 8:31 AM To: Sarah Thomas Cc: Julie Strid Subject: FW: River Ridge Townhomes From: Dhil.kerler thomsonreuters.com [ma iIto: ph il.kerler thomsonreuters.com] Sent: Tuesday, March 12, 2013 4:55 PM To: City Council Subject: River Ridge Townhomes I understand the city council agenda for Tuesday, March 19 will include the consideration of the Comprehensive Guide Plan Amendment, Rezoning and Preliminary Planned Development which would allow the Dakota County CDA to build River Ridge Townhomes on 4.3 acres on Sibley Memorial Highway. north of Yankee Doodle. As a 16 year resident of Eagan I am well aware of the need for this type of workforce housing and request that you approve the application. This is a very viable project and would bring to Eagan many responsible, hard - working families who are currently financially unable to live here. The council has already done much to provide a bright future for Eagan. Approval of this project would be another step in the right direction. Thank You, Respectfully Submitted, Philip Kerler 3513 Federal Drive Apt. # 209 Eagan, MN 55122 -1361 Tel: 651687 -0699 (Home) 651687 -3503 (Work) AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MARCH 19, 2013 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Grant of Utility Easement in Cedar Grove Redevelopment to Xcel Energy D. OLD BUSINESS 1. APPROVE Extension of Preliminary Development Agreement with Pratt Development and Cassidy Turley E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo Eagan Economic Development Authority Meeting March 19, 2013 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 March 5, 2013 EDA meeting are enclosed on pages t5,5 through 2. APPROVE Grant of Utility Easement in Cedar Grove Redevelopment to Northern States Power Company, a Minnesota corporation, d /b /a Xcel Energy — In order to implement the Pipeline Relocation Agreement considered under consent of the City Council agenda in relation to Project 1088, it is necessary for the EDA to grant a utility easement for the new alignment of the natural gas pipeline along the north side of the new alignment of Cedar Grove Boulevard. The easement as proposed is consistent with the Paragon Outlets final subdivision and the public improvement plans for the new roadway. A copy of the agreement is available upon request. -�4 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 5, 2013 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 5, 2013 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Community Development Director Hohenstein noted there was an error on the agenda and a revised . one has been provided. The item under New Business is an extension of time to complete the northeast Eagan redevelopment district. Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the agenda as modified. Aye:5 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It is recommended to approve the minutes of February 19, 2013 EDA meeting as presented. There was no Old Business. OLD BUSINESS NEW BUSINESS NORTHEAST EAGAN REDEVELOPMENT DISTRICT— REQUEST FOR EXTENSION OF DEVELOPMENT TIMEFRAME FOR BLUE GENTIAN CORPORATE CENTER Community Development Director Hohenstein introduced the item noting the northeast Eagan redevelopment district has been a project in process for some time. One of the phases is the Blue Gentian Corporate Center located north of highway 55 on Blue Gentian Road. The development agreement with MG Eagan, McGough, was originally approved in 2006. While the company has actively marketed the site; it has not been able to secure a development and construction financing markets. McGough requested in 2009, and 2011 to permit additional time to market the property and is requesting an additional extension at this time. Mark McGough was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the request for extension. There being no public comment, he turned the discussion back to the Council. 4 Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve an extension of the timeframe for the first phase of development of the Blue Gentian Corporate Center in Redevelopment District #2 -5 to May 1, 2015 and to authorize the EDA President and staff to execute the necessary documents. Aye:5 Nay:0 There was no Other Business. OTHER BUSINESS ADJOURNMENT President Maguire moved, Commissioner Tilley seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date k(o Jon Hohenstein, Deputy Executive Director Agenda Information Memo Eagan Economic Development Authority Old Business March 19, 2013 1. CEDAR GROVE PRELIMINARY DEVELOPMENT AGREEMENT - PRATT- CASSIDY TURLEY MARKETING PLAN ACTION TO BE CONSIDERED: To approve an extension of the Preliminary Development Agreement between the EDA and Pratt Development relative to the Cedar Grove Redevelopment District. FACTS: In March, 2011, after Doran Companies withdrew from the Doran -Pratt master developer partnership for the Cedar Grove Redevelopment District, the EDA entered into an Amended Preliminary Development Agreement with Pratt Development, under which Pratt entered into a listing agreement with Cassidy Turley to market the EDA -owned property in the Cedar Grove core area and one parcel south of Cedar Grove Parkway. The agreement with Pratt also is essentially a listing agreement with compensation occurring as broker fee at the time of any sale of property in which the team was involved. The term of the agreement was subsequently extended from March 2012 to March 2013. • At its meeting of January 15, 2013, the EDA authorized the preparation of an additional one year extension of the Preliminary Development Agreement between the EDA and Pratt Development under the same terms. At its meeting of February 5, 2013, approval of the agreement extension was pulled for discussion and questions were raised about the currency and effectiveness of the information regarding the Cedar Grove Redevelopment on the Cassidy Turley website, because the information an EDA member found in a web search did not mention the Paragon project, and the search found that no reference to the Cedar Grove Project was on the Pratt website. It was also suggested that the EDA should be updated on the marketing and prospecting activities of the team and that it would the EDA should receive an updated marketing plan from the team for the area in light of the approval of the Paragon project. • The matter was referred to the Finance Committee for further review in anticipation of It being returned to the EDA at its meeting of March 19, 2013 for further consideration. It was suggested that a condition of any extension be the preparation of an updated sales and marketing plan, more frequent updates to the EDA on progress in the marketing of properties and a formal update to the EDA at a meeting in August or September of 2013 to determine whether to further extend the agreement or consider proposals for master developer services in 2014. '�)9 • At its meeting of March 4, 2013, the Finance Committee met with Mr. Pratt and Mr. McCaffrey regarding this matter. They discussed the EDA action and received information from the developer team in response to the issues raised. The developers and staff provided the following specific information: The document that had been located in the initial web search was the original listing document for the entire 65 acre core area. The Cassidy Turley site does have updated information regarding the project on their website. Unfortunately, the updated information was not as easily accessed by search engines. The company is taking steps to make it easier for parties doing web searches to locate the updated pages and they are taking down the original listing and replacing it with the listing information included in the updated sales and marketing plan To date, Mr. Pratt and Mr. McCaffrey have focused on the property information being located on the Cassidy Turley site, since they have the formal listing of the property. Staff has asked Mr. Pratt to set up a link from his company sites to the Cassidy Turley site to facilitate direct connections to the information for people searching from that direction. • Staff has modified the City's Cedar Grove website to provide a direct connection to the most recent information on the Cassidy Turley site. Mr. McCaffrey noted that standard practice in the industry is to not modify an offering until a sale has closed. Staff clarified that the unique situation here is that the EDA as owner would want clarification of how the availability of the property has changed to take advantage of the level of approval Paragon had achieved. Cassidy Turley apologized for not posting the Paragon information more promptly and has modified the information on its site accordingly. By way of additional information, staff provided an update on Cedar Avenue Bus Rapid Transit Oriented Development Study, being coordinated through Dakota County in partnership with the Cities along the corridor. Over the next six months, one of the outcomes of that study will be a third party analysis of potential prospect uses for the stations along the corridor, including the Cedar Grove Station. That information will be useful in assisting the City and the master developer in targeting uses and users for the outlots, as well as providing market based data as support. • The developers restated the importance of maintaining a level of confidentiality of contact information in providing updates to their clients. Many prospects do not wish to be identified during their due diligence period, as they explore opportunities and options for a property. One of the roles the developers have served has been to be the prospect contact during that part of the process, leading up to formal offers or letters of intent. • To maintain that confidentiality, in the past the developers have provided updates in generalities about numbers of meetings and contacts to the full EDA. To date the developers have provided specific updates of activity to the staff redevelopment group, but written information has not been retained in City files to respect that prospect preference. The developers reviewed a similar specific summary of recent marketing and meeting activity to the Finance Committee. The Committee discussed the information received and the options for addressing the issues raised at the February 5 EDA meeting. It was noted that it is unlikely that certain prospects will be prepared to commit to make formal offers on the outlots until the Paragon project is under construction and that the contacts the developers are making at this point lay the groundwork for offers that may come once that occurs. On that basis, the Committee made the following recommendations: Approve the Sales and Marketing Plan presented by Cassidy Turley including the listing of proposed pricing on the various outlots based on the types of uses that may be proposed. • Extend the Preliminary Development Agreement through March, 2014, with the qualification that the Finance Committee will monitor the work of the developers under the agreement and make a recommendation to the EDA by the end of 2013 whether to solicit proposals for developer /broker services prior to that time. • Delegate responsibility for monitoring the work of the developers and receiving periodic specific updates from the developers on contacts and meetings with prospects to the Finance Committee, in consideration of the need for confidentiality. • The developer team will be present at the EDA meeting to overview the sales and marketing plan and respond to questions as appropriate. ATTACHMENTS: • Cassidy Turley email summarizing recent activities on page Mo • Amended Preliminary Development Agreement on pages _ � L through l y 5 • Draft Agreement to Extend the Preliminary Development Agreement with Pratt Development on pages —B(P- through 1 L- • Marketing Plan enclosed without page number. �)q Jon Hohenstein From: McCaffrey, James < James .McCaffrey @cassidyturley.com> lent: Tuesday, February 26, 2013 10:55 AM To: Jon Hohenstein Cc: Len Pratt (lenpratt @pratthomes.com) Subject: FW: Report Attachments: Cedar Grove Report Marketing Summary.pdf A NEW MARKETING PLAN going forward will follow later this week before our meeting next Monday. This information will address any questions about pursuits of developers or users for the various outlots and where our concentrations have been. You will see that continued marketing penetration has been to attract hospitality, multifamily and retail developers to the Cedar Grove outlots. The efforts of the marketing team have generated 50 face to face meetings with prospects in addition to the 20 city staff and EDA meetings attended. This update reflects the changes made to the Cassidy Turley web site to address the Paragon development. Once again, this data was not put forth on the web site earlier as our policy is not to make specific development plans /concepts public on line until a closing has occurred. This protocol is customary due to concerns by the developer, the architect, tenants and others over confidentiality, competitive advantage, copyright and disclosure concerns about accurate representation of plans and schematics prior to EDA approval. That approval was granted in late November of 2012. We will be more aggressive going forward with representation of developing activity while still maintaining the proper degree of discretionary disclosure. ' can assure you that Len and I have been providing the entirety of Paragons plans, updated site concept plans with .)utlots reflected, and have been putting forth these materials in electronic and printed format to developers and users for the past several months on a confidential one to one basis, I look forward to our continuing discussions, and thank you for your support. James M. McCaffrey, CCIM Senior Vice President, Principal Cassidy Turley 1400 IDS Center 80 South 8th Street Minneapolis, MN 55402 T 612- 347 -9355 James ,McCaffrey @cassidyturley.com www,cassidyturley.com My Website Follow Cassidy Turley Ca s 'd Turley 91,itiu Services If you need to send me a file larger than 5MB please use this link -his e -mail and attachments (if any) is intended only for the addressee(s) and is subject to copyright. This email contains information which may be ,onfidential or privileged. if you are not the intended recipient please advise the sender by return email, do not use or disclose the contents and delete the message and any attachments from your system. Unless specifically stated, this email does not constitute formal advice or commitment by the sender or Cassidy Turley. `—A D AMENDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT THIS AMENDED AND RESTATED PRELIIv_ :Y E 1� VELOPMENT AGREEMENT ( "Agreement ") is made this day of , 2011, by and between the Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter the "EDA "); the City of Eagan, Minnesota municipal corporation (the EDA and the City of Eagan are hereinafter collectively referred to as the "City "); and Pratt Development, Inc., a Minnesota corporation (hereinafter referred to as "Redeveloper "). (The City and Redeveloper are hereinafter collectively referred to as the "Parties. ") WHEREAS, Doran Pratt Development, LLC and the City entered into that certain Preliminary Redevelopment Agreement dated August 21, 2007 and the First Amendment dated August 18, 2008 pertaining to the redevelopment of the Cedar Grove Redevelopment District (collectively referred to as the "Development Agreements "); and WHEREAS, the Development Agreements have expired and Redeveloper has requested that the City retain it to serve as the Master Developer for the core area of the Cedar Grove Redevelopment District (the "Redevelopment Property") as generally depicted on Exhibit "A;" and WHEREAS, Kelly Doran has indicated that he has terminated his relationship with Doran Pratt Development, LLC and Leonard Pratt, through his company, proposes to continue the redevelopment of the Cedar Grove Redevelopment District and serve as the Redeveloper; and WHEREAS, in order to pursue the redevelopment, the Redeveloper has requested that the City engage various consultants to assist in the redevelopment; and WHEREAS, the City is willing to engage such consultants and retain the Redeveloper as the Master Developer for the core area all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties as follows; REDEVELOPMENT PROPERTY. The properties proposed to be redeveloped are the properties depicted on Exhibit. "A," with the exception of the properties identified as Exception Parcels 1 and 2 (the "Site "). The Parties agree that the Site may be enlarged to include other lands at the mutual agreement of the Parties. 2. UNDERTAKING AND EXCLUSIVE RIGHTS. In consideration of the time, effort and expenses to be incurred by the City and Redeveloper in pursuing the undertakings set forth herein, the City hereby agrees that for the term of this Agreement it will not; (i) provide or enter into an agreement for provision of financial assistance to any third party in W\\ r connection with any proposed development within the Site; and (ii) condemn or agree to proceed with the condemnation of any property within the Site to assist or facilitate development within such area by a third party. Said exclusive rights shall continue, unless earlier terminated, as provided for herein, until March 16, 2012, or until such later date as the Parties may mutually agree, 3, THE PROJECT. The Project will consist of the redevelopment of the site and may include residential, mixed use and retail as shown on the Concept Plan attached hereto as Exhibit °B." Building designs will be consistent with the design standards adopted by the City as may be modified from time to time. 4. DEVELOPER OBLIGATIONS. a. Solicitation of Outside Brokers. Redeveloper has indicated it will use a regional or national real estate consultant for procuring other regional or national developers. Redeveloper shall be responsible for any and all costs or fees incurred by any outside consultant and shall indemnify and hold the City harmless from any and all claims that may be asserted by any outside consultant or any other third party. Within 30 days after execution of this Agreement, Redeveloper shall provide a detailed summary outlining the efforts and their respective roles in the drafting and implementation of the Project, including the respective roles of Len Pratt and representatives of Cassidy Turley. b. Development Updates. Redeveloper shall provide monthly updates to the City concerning the status of any ongoing redevelopment activity for the Project. A representative of the Redeveloper shall attend bi- monthly meetings of the Eagan Economic Development Authority to provide updates of the status of any redevelopment activity for the Project. A representative of the regional or national real estate consultant must also attend at least one EDA meeting to discuss the status of any redevelopment activity. Presentation of Proposed Development /Developer. Redeveloper shall use its best efforts to solicit outside development for the Project. Prior to presenting any development proposal to the City and City Staff, Redeveloper must prequalify any prospective developer. Origination of Developer. If the prospective developer originates with Redeveloper, it must advise City Staff of the contact and expectations regarding the timing of the qualification process. Ida. ii. Prequalification of Proposed Developer. Redeveloper will conduct all necessary due diligence to "qualify" the proposed developer, including the developer's financial capacity and background on prior developments. Redeveloper will obtain a pro forma for the proposed project from the developer which will be provided to the City's Consultants. iii, Analysis for Public Assistance. The City is not presently making any commitment whatsoever to provide a specific type, level or amount of public assistance that may be available for the site, the Redeveloper' or any other developer. However, upon submission of a development proposal and pro forma identified above, the City will work with the Redeveloper to determine if public assistance is.available to the Project, Redeveloper shall provide an escrow in a minimum amount of $5,000.00 to allow for the City's consultants to review the proposed development pro forma. The City intends to retain the services of Faegre & Benson, LLP, Ehlers and Associates, Inc, and Severson, Sheldon, Dougherty & Molenda, P.A., as well as other persons (collectively referred to as the "Consultants "). Consultants are being retained to assist with legal matters pertaining to the Project and an analysis of the pro forma, The City will reimburse itself from the deposit for all costs and expenses incurred by the City's Consultants. 5. POSSIBLE SALE OF CITY PROPERTY. In the event that the City determines that the development proposal may be feasible, the City will prepare a purchase agreement through the City Attorney's office, The purchase agreement will be in a form acceptable to the City and the actual developer will be identified as the "Buyer" under the agreement. The purchase agreement will be in a form consistent with the previously approved Master Purchase Agreement, which is attached hereto as Exhibit 11C," including all contingencies contained therein. The City makes no commitment that it will sell any portion of the site to the Redeveloper or any other party, 6. POSSIBLE RECOVERY OF COMMISSION. The Redeveloper is hereby granted permission to list the Property on the Multiple Listing Service and it shall be the responsibility of Redeveloper to coordinate such listing with the City. Redeveloper acknowledges that due to the multiple properties located at the Site, that it may not be possible to accomplish the listing. The City acknowledges that in the event of a sale of city property, it will pay a total commission of 10% to Redeveloper (Redeveloper may allocate among other 4'6 brokers). Said commission is earned only upon a successful closing. The City reserves the right to reject all offers. 7. ACCESS TO CITY PROPERTY. Redeveloper and its agents and representatives shall, during the term of this Agreement, have reasonable access to the portions of the Site owned by the City that are not occupied by any tenant ( "City Property") and the right to enter upon the City Property for the purpose of investigating the City Property, including inspecting, surveying, engineering, test boring, performance of environmental tests and such other work as Redeveloper shall consider appropriate and shall have the further right to make such feasibility studies and analyses of the City Property as it deems appropriate.. Prior to entry upon any portion of the City Property for the purpose of commencing any such testing or studies of the' City Property, Redeveloper shall procure and maintain general public liability insurance containing customary limits. Redeveloper agrees to restore any material damage done to the City Property by anyone acting in Redeveloper's behalf in conducting the activities described in this Section. Redeveloper agrees to indemnify and hold the City harmless from and against all loss, cost, liability and expense including attorneys' fees suffered by the City as a result of Redeveloper's activities or the exercise of entry rights by Redeveloper, its agents and representatives. 8. SIGNAGE PLAN. Contemporaneously with the execution of this Agreement, Redeveloper shall provide a signage plan, which must be reviewed and approved by the City. All signs must comply with City Code and trailers must comply with any requirements or conditions employed by the City's Building Inspector, To the extent that any proposed signs do not comply with City Code, specific deviations from the City Code must require prior approval of the City Council of the City. 9. TERMINATION. This Agreement may be terminated prior to its expiration by the City as to all or a portion of the Redevelopment Property upon the giving of written notice to the Redeveloper that the Redeveloper is not diligently pursuing the redevelopment of the portions of the Redevelopment Property, The Redeveloper shall have a reasonable time, but in no event less than 30 days to effect a cure of such default, or to demonstrate that it is diligently pursuing such cure. 10. LEGISLATIVE JUDGMENT. The Redeveloper understands that many of the actions which may be necessary for the Project and may be contemplated by a Master Development Agreement involve matters of the discretion by the City Council of the City, and in some instances, its legislative judgment. Such actions may only be made following established procedures, and the City cannot and does not agree, in advance, to any specific decision in such matters. HLA 11. NOTICES, All communications shall be directed to the Redeveloper at: Pratt Development, Inc. Attn: Leonard W, Pratt 3500 Willow Lake Boulevard, Suite 100 Vadnais Heights, MN 55110 All communications shall be directed to the City at: Eagan Economic Development Authority Attn: Thomas L. Hedges, Executive Director 3830 Pilot Knob Road Eagan, MN 55122 -1810 M City of Eagan City Hall Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 -1810 IN TESTIMONY WHEREOF, the Parties hereto have set their hands as of the date and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: A I.- N��- Mike MaguireV Its: President By: (L� �kol� - Thomas L. Hedges Its: Executive Director H15 SECOND EXTENSION OF AMENDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT THIS SECOND EXTENSION OF AMENDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT ( "Extension ") is made this _ day of , 2013, by and between Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter the "EDA "); the City of Eagan, Minnesota municipal corporation (the EDA and the City of Eagan are hereinafter collectively referred to as the "City "); and Pratt Development, Inc., a Minnesota corporation (hereinafter referred to as the "Redeveloper "). (The City and Redeveloper are hereinafter collectively referred to as the "Parties. ") WHEREAS, the City and Redeveloper entered into an Amended and Restated Preliminary Redevelopment Agreement dated March 15, 2011 and a First Extension of Agreement and Restated Preliminary Redevelopment Agreement dated March 20, 2012 (the "Redevelopment Agreement "); and WHEREAS, the Redevelopment Agreement identified Redeveloper as the Master Developer for the Core Area of the Cedar Grove Redevelopment District (the "Redevelopment Property ") as generally depicted on Exhibit "A;" and WHEREAS, the Redevelopment Agreement granted Redeveloper certain exclusive rights to the Redevelopment Property until March 16, 2013; and WHEREAS, the Parties are desirous of extending the term of the Redevelopment Agreement and expanding the scope of the Redevelopment Property, all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. AMENDMENT OF REDEVELOPMENT AGREEMENT. Paragraph 2 of the Redevelopment Agreement is hereby amended to read as follows: UNDERTAKING AND EXCLUSIVE RIGHTS. In consideration of the time, effort and expenses to be incurred by the City and Redeveloper in pursuing the undertakings set forth herein, the City hereby agrees that for the term of this Agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development within the Site; and (ii) condemn or agree to proceed with the condemnation of any property within the Site to assist or facilitate development within such area by a third party. Said exclusive rights shall continue, unless earlier terminated, as provided for herein, until March 16, 2014, or until such later date as the Parties may mutually agree. Iy(a 2. REDEVELOPMENT PROPERTY. The Redevelopment Property shall consist of the properties outlined on the attached Exhibit "A." 3. No ADDITIONAL AMENDMENTS. Except as amended by paragraphs 1 and 2 above, all other terms of the Redevelopment Agreement shall remain in full force and effect. EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: Jon Hohenstein Its: Deputy Executive Director CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk PRATT DEVELOPMENT, INC., a Minnesota corporation By: Leonard Pratt Its: President 2 q STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2013, by Mike Maguire and Jon Hohenstein, the President and Deputy Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2013, by Mike Maguire and Christina M. Scipinoi, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2013, by Leonard Pratt, the President of Pratt Development, Inc., a Minnesota corporation, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: Notary Public DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 (RBB: 206 - 26768) M 'X �l , N� 4 te. y .:' t.✓ U. 8.t4m ' QQ c�§ �$• �SR, ., � ��' ;, tai. .,��� yr. 1 s�F 4 �r t � 4� `�'��b 5 ��•tr 5"�5 /" ✓,F,,ry ��'i � ..F'S` y��r Vii, 5 ,•t Ma f� Hq D is W� Agenda Information Memo Eagan Economic Development Authority Meeting March 19, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. I sj o