The URL can be used to link to this page

05/21/2013 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 21, 2013 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) �- A. APPROVE MINUTES =B. PERSONNEL ITEMS 1(0 C. APPROVE Check Registers ,9 D. AWARD Contract to MP Nexlevel LLC for the extension of AccessEagan fiber into the Cedar Grove Redevelopment Area and authorize the Mayor and City Clerk to execute all related documents E. DIRECT staff to prepare an Ordinance Amendment to City Code Chapter 11 regarding lawful nonconformities F. CANCEL the June 18, 2013 regular City Council meeting D G. APPOINT William Ische to a 2 -year term on the Energy and Environment Advisory Commission �1 H. APPOINT Dennis Thomson to a 2 -year term on the Advisory Parks and Recreation Commission �a I. AWARD City Contract No. 13 -13 (Municipal Well Sealing Improvements) QL1 J. APPROVE Easement Agreement, City Project 1116 (Duckwood Crossing / Crestridge Drive Street Improvements) K. Item removed J,0 L. APPROVE Change Order No. 1 for City Contract No. 13 -02 (Citywide Street Improvements) Q9 M. APPROVE Extended Work Hours for June 17 -22, 2013 - County Project No. 30 -24 (Diffley Road Overlay Improvements— Heine Strasse to Burnsville border) 3t N. AWARD City Contract No. 13 -15 (Glacier Hills Elementary Bioretention & Swale Project). 33 O. APPROVE City Contract No. 13 -14, Well Rehabilitation 2)5 P. APPROVE Plans and Specifications & Authorize Advertisement for Bids, City Contract No. 13 -16 (Inflow & Infiltration Mitigation Improvements) 31 Q. APPROVE Plans and Specifications & Authorize Advertisement for Bids, City Contract No. 13 -17 (Citywide Sanitary Sewer Improvements) S1 R. DIRECT preparation of an ordinance amendment to City Code Chapter 6.34 relative to tobacco sampling �b S. APPROVE Shows License, Off Site Gambling Permit and Temporary On -Sale Liquor license for the July 4th Funfest and waive license, permit and rental fees L- qi T. APPROVAL of Final Subdivision and Final Planned Development for Stonehaven 6th Addition _9U. ADOPT a resolution accepting a Microchip Scanner from the American Kennel Club. 5DV. ADOPT a resolution accepting 50 dog and cat vaccines from Boehringer Ingelheim, the Animal Rescue Site, and the PetFinder Foundation o)W. APPROVE an expansion of the contract for Temporary Building Inspection Services IFaX. APPROVE AccessEagan non - exclusive Access and Use Agreement with Frontier Communications 5'1 V. 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT VI. PUBLIC HEARINGS _5-6 A. VACATE Public Drainage & Utility Easements — Lot 1, Block 1, Bob Martin Addition _Vj9_13. VACATE Public Drainage & Utility Easements — Outlot D, Stonehaven 5th Addition (oa C. VACATE Public Drainage & Utility Easements — Lots 2,3,4 & 5, Block 1, Safari at Eagan 3rd Addition VII. OLD BUSINESS A. RECEIVE bids and approve resolution awarding the sale of Taxable General Obligation Tax Increment Bonds, Series 2013A VIII. NEW BUSINESS A. PRELIMINARY SUBDIVISION — Safari at Eagan 4th Addition — RMTS2 Investments —A Preliminary Subdivision of 2.49 acres to create four lots located at 1575, 1580, 1585 and 1590 Thomas Center Drive B. CONDITIONAL USE PERMIT AND VARIANCES — Cattalia Mexican Foods — A Conditional Use Permit to allow outdoor storage and a Variance of 16' to the required 20' side yard setback to allow a building addition, a Variance of 40% to the 25% green space requirement and a Variance o exceed the 35% maximum building coverage requirement to allow 36% building coverage located at 2965 Lone Oak Circle IX. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER La\ B. ADOPT AGENDA �aa C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS Ia5 E. NEW BUSINESS 1. AUTHORIZE Preparation of Final Plat for Cedar Grove East End Parcel F. OTHER BUSINESS G. ADJOURN XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development Xll. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION ��71T�1�Z�I�I�y i!t l_�.► �. � #b� City of Eat ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: MAY 17, 2013 SUBJECT: AGENDA INFORMATION FOR MAY 21, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 21, 2013 City Council agenda, the following items are in order for consideration. 3 Agenda Information Memo May 21, 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 April 29 & 30, 2013 Special City Council meeting as presented or modified. • To approve the minutes of May 7, 2013, City Council meeting as presented or modified. ATTACHMENTS: • Minutes of April 29 & 30, 2013 Special City Council meeting are enclosed on pages Fj and I • Minutes of May 7 2013, Regular City Council meeting are enclosed on pages through lj MINUTES SPECIAL CITY COUNCIL GOALS RETREAT APRIL 29 and 30, 2013 5:30 P.M. MOONSHINE PARK RETREAT CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City staff present: City Administrator Osberg and Assistant City Administrator Miller. Also, present was facilitator Holly Johnson of Lanterna Consulting. I. ROLL CALL AND ADOPTION OF AGENDA Councilmember Hansen moved, Councilmember Fields seconded a motion to adopt the agenda as presented. Aye: 5 Nay :0 H. APPROVE EXEMPT PERMIT FOR THE EAGAN ATHLETIC ASSOCIATION TO HOLD A RAFFLE ON MAY 12, 2013 Assistant City Administrator Miller introduced the item, noting that Eagan Athletic Association has applied for an Exempt Permit with the Gambling Control Board to hold a raffle on May 12, 2013. Miller noted that the permit is needed in advance of the next regular City Council meeting. Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt a resolution approving exempt permit for the Eagan Athletic Association to conduct a raffle on May 12, 2013 at Lexington /Diffley Athletic Fields, 4201 Lexington Avenue. Aye: 5 Nay: 0 III. VISITORS TO BE HEARD There were no visitors to be heard. IV. 2013 -2014 GOALS PREPARATION City Administrator Osberg summarized the progress to -date on the 2012 -2013 City goals. The City Council discussed the goals and major themes for 2013 -2014. The City Council recessed at 10:00 p.m. on April 29, 2013 and reconvened at 5:30 p.m. on April 30, 2013. The Council further discussed major themes and goals for 2013 -2014. There was no other business to be heard. V. OTHER BUSINESS VII. ADJORN Councilmember Fields moved, Councilmember Tilley seconded a motion to adjourn the retreat at 9:30 p.m. Aye:5 Nay:0 Date Mayor Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 7, 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 for the Holden site located 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, May 7, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen, and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Community Development Hohenstein, Director of Public Works Matthys, City Planner Ridley, Communications Director Garrison, Director of Parks and Recreation Johnson, Fire Chief Scott, and Police Chief McDonald. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Parks & Recreation Director Johnson recognized Norm Peterson and Joe Klein in honor of their dedication to Holz Farm. The City Council recognized the Friends of the Farm Volunteers for their volunteer hours at Holz Farm. Mayor Maguire presented a plaque to Norm Peterson who was recognized for volunteering 1500 hours, and to Joel Klein who was recognized for volunteering 1000 hours at Holz Farm. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of April 16, 2013. B. Personnel Items 1. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation, Engineering, Forestry and Utilities. C. It was recommended to approve check registers dated April 5, 12 and 26, 2013. D. It was recommended to approve a Resolution Authorizing $12,565,000 Taxable General Obligation Tax Increment Bonds, Series 2013A, related to the Cedar Grove Redevelopment District and setting the date of sale for May 21, 2013. E. It was recommended to approve the first amendment to the 2007 Consent Decree with the Metropolitan Airports Commission. F. It was recommended to approve a Resolution to proclaim May 18, 2013 as Arbor Day and the month of May 2013 as Arbor Month in the City of Eagan. I City Council Meeting Minutes May 7, 2013 2 page G. It was recommended to approve a Joint Powers Agreement for Technical Services for Conservation Projects: Dakota County Soil and Water Conservation District and the City of Eagan. H. It was recommended to Proclaim June, 2013 as Eagan Lakes Appreciation Month. I. It was recommended to Proclaim May 19 -25, 2013 as Public Works Week. J. It was recommended to approve an Agreement with Dakota County Transportation Department, County Project No. 31 -72, Pilot Knob Road/ Deerwood Drive Signal & Turn Lane Improvements. K. It was recommended to receive a Petition to Vacate Public Easements —Lots 4 and 5, Block 3, Kennerick 2nd Addition, and Schedule Public Hearing for June 4, 2013. L. It was recommended to receive a Petition to Vacate Public Easement — Lot 1, Block 1, Mari Acres 2 "d Addition, and Schedule Public Hearing for June 4, 2013. M. Item removed N. It was recommended to approve a Resolution Requesting MnDOT Technical Services for Final Design and Construction Administration, Projects 923 /1011 - TH 55/149 Improvements. 0. It was recommended to adopt a resolution accepting a $100.00 donation from an Eagan Citizen. P. It was recommended to approve an Exempt Permit for the Eagan High School Swim and Dive Booster Club to hold a raffle on June 27 or 30 at 1360 Civic Center Drive. Q. It was recommended to approve an Agreement with Dakota County CDA for Community Development Block Grant Coordination through June 1, 2016. R. It was recommended to approve a Consultant Pool for Property Maintenance Services. S. It was recommended to amend conditional use permit - An amendment to the pylon sign size for Lost Spur located at 2750 Sibley memorial Highway. APPOINTMENT OF ADVISORY COMMISSION MEMBERS City Administrator Osberg introduced the item, noting that 20 of 21 advisory commission applicants were interviewed by the City Council on April 9, 2013. The City Council voted via individual ballots on their 2013 advisory commission appointments. The following were approved by unanimous consent by the City Council: Advisory Planning Commission 1. Jane Vanderpoel 2. Mark Filipi 3. Mike Supina 4. Andy Prashad 5. Dan Sagstetter (alternate) Advisory Parks and Recreation Commission 1. Dorothy Peterson 2. Andrea Todd - Harlin 3. Jerry Farlee 4. David Wietecki 5. Nathan Neuman Airport Relations Commission 1. Charles Thorkildson City Council Meeting Minutes May 7, 2013 3 page 2. Steve Beseke 3. Curt Aljets 4. Dan Johnson Energy and Environment Advisory Commission 1. Jeff LeClair 2. Ross Bintner 3. Dennis Thompson 4. William Ische (alternate) Gun Club Lake Watershed Management Organization 1. Monica Foss 2. Julie Vigness -Pint 3. Joe Reymann (alternate) PUBLIC HEARINGS PUBLIC HEARING — RESOLUTION FOR THE MODIFICATION OF THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1 City Administrator Osberg introduced the item noting the Economic Development Authority approved a purchase agreement with Paragon Outlets under which Paragon acquired property in the Cedar Grove Redevelopment District for the development of an upscale outlet shopping center. A condition of the purchase agreement is that the EDA will construct a public parking ramp. Osberg noted the original Redevelopment Plan and Tax Increment Financing Plan for the District did not include construction of a parking ramp. Community Development Director Hohenstein gave a staff report on the project. Rebecca Kurtz from Ehlers and Associates gave an overview of the modification to TIF District No. 1, and 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 Tilley seconded a motion to close the public hearing and approve a Resolution Adopting a Modification of the Tax Increment Financing Plan for Tax Increment Financing District No. 1 (Cedar Grove Redevelopment District). Aye: 5 Nay: 0 OLD BUSINESS PILOT KNOB ROAD CORRIDOR STUDY City Administrator Osberg introduced the item noting the City and County entered into an agreement to perform a corridor study of County State Aid Highway 31 (Pilot Knob Road) for a 0.3 mile segment from Yankee Doodle Road to Central Parkway /Northwood Parkway. The study began in June 2012 and was to be completed by the end of the year. However, the development of various proposed alternatives in response to public input and the need for additional meetings with affected property owners have City Council Meeting Minutes May 7, 2013 4 page carried this study into 2013. Osberg noted on January 8, the Council reviewed the proposed corridor study recommendations and received input from property /business owners. The Council's consensus was that the corridor study was premature and further study was needed. Public Works Director Matthys gave an overview of the current draft corridor study and continued with a presentation of the final draft recommendations from the corridor study. Kristi Sebastian, Traffic Engineer for Dakota County was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the study. Ellen McInnis, Wells Fargo Government Relations, addressed the Council noting Wells Fargo appreciates the discussions they've had to date and they look forward to continuing to have discussions with City and County staff. Ms. McInnis noted Wells Fargo has continued interest in providing right -of -way for a deceleration lane in exchange for keeping their access open. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the study. Councilmember Tilley moved, Councilmember Fields seconded a motion to accept the recommendations of the final draft of the Pilot Knob Road (CSAH 31) Corridor Study. Aye: 5 Nay: 0 NEW BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - SOUTHVIEW SENIOR LIVING City Administrator Osberg introduced the item noting before the Council is approval of the Comprehensive Guide Plan Amendment. The concept plan identifies the intent to establish a senior housing facility that would include a mix of memory care, assisted living and independent living units. Osberg noted the concept plan calls for a four - story, 148 unit facility and underground parking spaces. City Planner Ridley gave a staff report. The applicant, John Myhre representing Southview Senior Living, was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the study. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion to direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council for approximately 10 acres of property located at 4232 Blackhawk Road. Aye: 5 Nay: 0 REZONING, PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLAT — DAKOTA COUNTY CDA City Administrator Osberg introduced the item noting three action items are before the Council, a Rezoning from R -3 Residential Townhouse to PD, Planned Development, a Preliminary Planned Development consisting of 50 townhome dwelling units upon a 25 acre site located at 1319 Jurdy Road and a Final Plat (LeMay Lake Family Townhomes Addition) to create one lot consisting of 24.5 acres. City Planner Ridley gave a staff report. Kari Gill and Mark Ulfers with Dakota County CDA were available for questions. M City Council Meeting Minutes May 7, 2013 5 page The Council discussed the request. Mayor Maguire asked if anyone in the audience would like to comment on the request. Several Eagan residents addressed the Council with questions regarding traffic and the type of housing proposed. There being no further public comment, Mayor Maguire turned the discussion back to the Council. City Administrator Osberg and Mr. Ulfers responded to all questions raised by residents during the public testimony. The Council discussed the proposed development. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a rezoning from R- 3, Residential Townhouse to PD, Planned Development for a residential townhome development upon approximately 25 acres located at 1319 Jurdy Road. Aye: 5 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a preliminary planned development consisting of 50 townhome dwelling units upon a 25 acre site located at 1319 Jurdy Road, subject to the following conditions: Aye: 5 Nay: 0 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 • Final Landscape Plan • Final Site Lighting 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 rear elevations shall mimic the front of all buildings with the use of brick as proposed with buildings 4 and 5. 5. The garage doors shall be painted to match the building exterior. 6. The monument sign shall meet City Code requirements and a Sign Permit shall be obtained prior to installation of the monument sign. 7. The applicant shall submit a revised Lighting Plan to provide lighting within the SE guest parking area. The Lighting Plan shall meet City Code requirements. 8. A revised Site Plan shall be submitted that overlays the tier lines and identifies the number of units /building per tier. The minimum required OHWL setback and proposed setback to the nearest structure shall also be noted. The OHWL is defined at 876.7 on the Site Survey dated November 20, 2012. 9. 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. 10. The Landscape Plan shall be revised to reflect that the shrubs will be 3 feet in height at time of planting. 11. 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 City Council Meeting Minutes May 7, 2013 6 page 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. 12. A water main loop shall be provided to connect the proposed new water main in two locations along Jurdy Road. 13. This development shall dedicate 10 -foot drainage and utility easements centered over all lot lines and 10 -foot drainage and utility easements adjacent to all public right -of -ways, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 14. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street right -of -ways as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 15. This development shall dedicate all public right -of -ways and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 16. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. 17. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 18. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations prior to final plat approval. 19. A separate detailed landscape plan shall be submitted overlaid. on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. 20. Prior to receiving a grading permit, the applicant shall meet all City stormwater requirements (including Runoff Rate Control, TP /TSS Control and %" Volume Control). 21. Prior to receiving a grading permit, the applicant shall provide the City with soil- boring logs (minimum of 2 samples, extending 10' min. below bottom of over - excavation area) from within the location of any proposed stormwater infiltration feature, to evaluate and ensure suitability for infiltration. If the soil- boring log indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans to ensure 4.33 requirements for volume control are met. 22. Prior to receiving a grading permit, the applicant shall provide adequate pre- treatment (street -side catch -basin sumps, filter -box, etc.) to ensure capture and easily - accessible cleanout of fine -sand sized particles for the off -site stormwater facility that receives direct impervious runoff from the development site. 23. Prior to receiving a grading permit, the applicant should enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 24. Park dedication shall be met through the dedication of approximately 18.5 acres of property to the City, of which approximately 3.6 acres are above the OHWL, located immediate to the north of the development site and consistent with the depiction in the approved development plans. The exact boundary to be determined by a survey coordinated by the CDA and in consultation with the City. The initial dedication shall be in the form of an easement to the City pending completion of the subdivision process whereby the City will acquire fee title. �0-1- City Council Meeting Minutes May 7, 2013 7 page 25. The required trail dedication shall be considered satisfied by the park dedication 26. The applicant shall protect the preserved 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. 27. 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. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a Final Plat (LeMay Lake Family Townhomes Addition) to create one lot consisting of 24.5 acres. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative comments to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 9:10 p.m. Aye:5 Nay:0 Date Mayor Clerk �s Agenda Information Memo May 21, 2013 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Accept the resignation of Officer Patrick Hogan and authorize hiring his replacement. ACTION TO BE CONSIDERED: Accept the resignation of Officer Patrick Hogan and authorize hiring his replacement. FACTS: • Officer Hogan submitted his resignation effective June 15, 2013. • He will be retiring after 20 years of service to the City of Eagan. • Officer Hogan anticipates being recognized at a future Council Meeting. • The filling of Officer Hogan's vacancy was previously discussed with the City Administrator who recommended replacement. • It is anticipated the position would be filled on June 10, 2013. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation, Forestry, Streets and Utilities: Name Division Job Title Fisher, Carissa Cascade Bay Deck Coordinator Larrea, Julian Cascade Bay Deck Coordinator Schmitt, Kelly Cascade Bay Guest Relations Coordinator Community Kaluza, Patrick Center Guest Services Community McLean, Christopher Center Guest Services II Dimond, Garrett Forestry Landscape Crew Smith, Tyler Forestry Landscape Crew Kunik, Neal Parks Ballfield Attendant Schuetz, Nick Parks Ballfield Attendant Selvestra, Drew Parks Ballfield Attendant Hemmingson, Mike Parks Customer Service Assistant Lemay, Richard Parks Park Attendant Richard, Emma Parks Park Attendant Drews, Michael Parks Park Laborer Hinke, Brandon Parks Park Laborer Johnson, Cody Parks Park Laborer O'Donnell, Jeff Parks Park Laborer Pederstuen, Tyler Parks Park Laborer Wall, Ryan Parks Park Laborer Williams, Charles Parks Park Laborer Zrust, Thomas Parks Park Laborer Bertsch, Kaylin Parks & Rec Program Assistant Seasonal Street Bolks, Josh Streets Maintenance Ruth, Kayla Utilities GIS Seasonal Seasonal Utility Johnson, Garrett Utilities Maintenance 1 r V� Agenda Information Memo May 21, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated May 3 and 10, 2013 as presented. ATTACHMENTS: • Check registers dated May 3, 2013 are enclosed without page number • Check registers dated May 10, 2013 are enclosed without page number LOA, Agenda Information Memo May 21, 2013 Eagan City Council Meeting CONSENT AGENDA: D. AWARD CONTRACT TO MP NEXLEVEL LLC FOR THE EXTENSION OF ACCESSEAGAN FIBER INTO THE CEDAR GROVE REDEVELOPMENT AREA AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE ALL RELATED DOCUMENTS. ACTION TO BE CONSIDERED: Award contract to MP Nexlevel LLC for the extension of AccessEagan Fiber into the Cedar Grove Redevelopment Area and authorize the Mayor and City Clerk to execute all related documents. FACTS: On September 4, 2012 the City Council approved a change order to eliminate the approximately .5 mile portion of the AccessEagan fiber route that ran along Cedar Grove Parkway between Rahn and Nichols Road. This fiber route was postponed until the actual street alignment and re- development layout was further along so the City would not incur expensive relocating costs to move the fiber if roads and utilities were rerouted. • On April 16, 2013 the City Council authorized issuance of a RFQ for the extension of AccessEagan fiber into the Cedar Grove Redevelopment area. Staff contacted three vendors MP Nexlevel, Arvig Construction and Michels to respond to the quote. The low bid on this request was MP Nexlevel LLC with a price of $50,670.51 for the base bid and $18,857.23 for bid alternate 2. The total cost of this construction is $69,527.74. With nearly 100 new tenants planning to bring on new internet services, staff feels this is a good opportunity to provide high -speed AccessEagan bandwidth and lower overall costs to Eagan businesses. City staff has already had discussions with Paragon staff to partner on bringing AccessEagan fiber into their network closets, making it more attractive for mall tenants to access high -speed connections with optional AccessEagan service providers. • Consultants Design Nine and Elert & Associates are recommending the extension of this fiber into the redesigned development area. ATTACHMENTS: To view the RFQ that was issued, please contact the City Administrator's office. fl Consent Agenda Information Memo May 21, 2013 Eagan City Council Meeting E. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Direct staff to work with the City Attorney to prepare an ordinance amendment to City Code Chapter 11 relating to nonconforming uses and structures. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The state statute governing nonconforming uses /structures provides the following: • "Any nonconformity, including the use or occupation of land...." Hence, a structure, building, improvement and condition. • A lawful nonconformity may be repaired, replaced, restored, maintained or improved, but not expanded. ➢ The statute was amended in 2004 to allow replacement, restoration and improvement of a legal nonconformity. ➢ City Code Chapter 11, Section 11.40, Subd. 9, refers only to structures and allows only repair and maintenance. The City Attorney has advised the Code will need to be amended to be consistent with state law. ➢ Because the City Code only refers to structures, the City Attorney also suggests the Code provision be modified by replacing the terms "structure" and "use" with "nonconformity." ➢ This is a housekeeping amendment. ATTACHMENTS: None Agenda Information Memo May 21, 2013 City Council Meeting F. CANCEL THE JUNE 18, 2013 REGULAR CITY COUNCIL MEETING ACTION TO BE CONSIDERED: To cancel the June 18, 2013 regular City Council meeting FACTS: • Per the request of the City Council, the June 18, 2013 City Council is proposed to be cancelled. ATTACHMENTS: None M Agenda Information Memo May 21, 2013 City Council Meeting G. APPOINT William Ische to a 2 -year term on the Energy and Environment Advisory Commission ACTION TO BE CONSIDERED: To appoint William Ische to a 2 -year term on the Energy and Environment Commission. FACTS: • One of the newly appointed members of the Energy and Environment Commission (EEAC) is unable to serve on the Commission. • As such, William Ische, who was appointed as the Alternate on the EEAC, is proposed to assume the 2 -year term on the Commission. • Mr. Ische has been contacted and is pleased to be able to serve as a two -year member. ATTACHMENTS: None Agenda Information Memo May 21, 2013 City Council Meeting H. APPOINT DENNIS THOMSON TO A 2 -YEAR TERM ON THE ADVISORY PARKS AND RECREATION COMMISSION ACTION TO BE CONSIDERED: To appoint Dennis Thompson to a 2 -year term on the Advisory Parks and Recreation Commission. FACTS: • Mr. Dennis Thompson was appointed to the Energy and Environment Advisory Commission on May 7, 2013. • Since his appointment, Mr. Thompson learned of a scheduling conflict that precludes him from serving on the EEAC. • Given that there remains an opening on the Advisory Parks and Recreation Commission (APrC), and per Mr. Thompson's stated interest in serving on the APrC, it is proposed that Mr. Thompson be appointed to a 2 -year term on the APrC. ATTACHMENTS: None a� Agenda Information Memo May 21, 2013 Eagan City Council Meeting I. CONTRACT 13 -13, MUNICIPAL WELL SEALING IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the bids for Contract 13 -13 (Municipal Well Sealing Improvements) and award a contract to Keys Well Drilling in the base bid amount of $63,530.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Approximately 70 percent of all Minnesotans rely on groundwater as their primary source of drinking water. Wells used for drinking water must be properly sealed (filled with an impervious material) when removed from service to protect both public health and Minnesota's invaluable groundwater resources. The Minnesota Department of Health's (MDH) Well Management Section protects both public health and groundwater by assuring the proper sealing of unused (not in use) wells. • The City of Eagan acquired two municipal deep wells (unique ID #215835 and #205597) in Cedar Pond Park when the Village of Eagan took over the original Cedar Grove Development in the 1970s. The wells, originally dug in the late 1950s to early 1960s, were placed in stand -by in the mid- 1970s, and temporarily capped in May, 1993. • Because the deep municipal wells are not appropriately placed to work with the current water supply configuration, the City budgeted for and seeks to permanently seal both unused wells. • On February 19, 2013, the City Council approved an agreement with the Minnesota Department of Health providing for a grant totaling $29,975 for the sealing of the two municipal wells. The agreement requires the City to complete the work before May 31, 2014. As set forth in the agreement, the City's financial responsibility will be based on the final construction costs. The estimated $35,025 (53.9 %) total cost share for the City would be the responsibility of the Water System Renewal & Replacement Fund (Fund 1121). • All bids have been reviewed for compliance with the specifications and accuracy on unit price extensions and summations. The low bid of $63,530.00 from Keys Well Drilling has been reviewed by Public Works staff and found to be in order for favorable Council action. ATTACHMENTS: • Bid Summary Tabulation, page 3Q M BID SUMMARY 2013 MUNICIPAL WELL SEALING CITY PROJECT NO. CITY CONTRACT NO. 13 -13 Bid Date/ Time: 3:00 p.m.,Wednesday, May 15, 2013 Total Estimate: $65,000 Total Over /Under Contractors Base Bid Estimate Keys Well Drilling $63,530 -2% E. H. Renner $66,525 2% 5/17/2013 Agenda Information Memo May 21, 2013 Eagan City Council Meeting J. PROJECT 1116, DUCKWOOD CROSSINGS/ CRESTRIDGE DRIVE SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 1116 (Duckwood Crossings /Crestridge Drive - Street Improvements) with the owner of Parcel No. 10- 21850 -02 -010 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • City Project 1116 (Duckwood Crossings /Crestridge Drive - Street Improvements) provides for the construction of a sidewalk along the south and west side of Crestridge Drive, and requires a permanent sidewalk and temporary construction easement from the property at 3655 Pilot Knob Road (Wendy's restaurant), as authorized by the City Council on January 15, 2013. • An easement agreement between City of Eagan and the owners of Parcel 10- 21850 -02 -010, Lot 1, Block 2, Duckwood Crossings, has been prepared by the City Attorney's Office providing for compensation in the amount of $500 for the acquisition of the necessary easements. The proposed compensation is less than the estimate provided in the feasibility report presented to the City Council January 15, 2013. • The City Attorney's office and Public Works Department (Engineering Division) staff have reviewed this agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. ATTACHMENTS: • Easement graphic, page J . a� 11 NORTH PROPOSED SIDEWALK CRESTRIDGE DRIVE 3.50' SIDEWALK EASEMENT I ' I ERTY LINE I I I I I I I I I I I I I I I I I I I I 6.50' TEMPORARY CONSTRUCTION EASEMENT ► I I I I I I I osS�NGS � 009 G� I vocw 01 I I I I I i 2.5' A sidewalk easement over and across the North 3.50 feet of Lot 1, Block 2, Duckwood Crossings, Dakota County, Minnesota, according to the recorded plat thereof. Along with, r) Q O C0 O Z Y 0 J A temporary construction easement over and across the South 6.50 feet feet of the North 10.00 feet of Lot 1, Block 2, Duckwood Crossings, Dakota County, Minnesota, according to the recorded plat thereof. Said temporary construction easement to expire on July 1, 2013 Proposed Sidewalk and Temporary Construction Easement City �f ��I< 3 -19 -2013 Lot 1, Blk. 2, Duckwood Crossings Engineering Department d5� Agenda Information Memo May 21, 2013 Eagan City Council Meeting L. CONTRACT 13 -02, CITYWIDE STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 13 -02 (Citywide Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 13 -02 provides for the street improvements of: o Old Sibley Highway (City Project 1046) • Summer Place/ Summer Place Second (City Project 1097) • Dodd Road, Cliff Road to Diffley Road, (City Project 1100) • Dodd Farm, Calvin Court, (City Project 1118) • Eagandale Center Industrial Park, (City Project 1119) • Nicols Road, Cedar Grove Parkway to Meghan Lane (City Project 1120), and • Patrick Addition, Hay Lake Court, (City Project 1121). • On March 5, 2013, the City Council awarded the base bid for Contract 13 -02 for these improvements to Bituminous Roadways, Inc. • Change Order #1 provides for a requested change from Mn/DOT to the project specifications to use their latest version of the bituminous testing requirements on the Municipal State Aid streets. • The change order provides for no change in cost or time to the original contract. • The change order has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action. a(lo Agenda Information Memo May 21, 2013 Eagan City Council Meeting M. COUNTY PROJECT NO. 30-24, DIFFLEY ROAD OVERLAY IMPROVEMENTS CONSTRUCTION ACTIVITY NOISE ACTION TO BE CONSIDERED: Authorize a variance to the Construction Activity Noise Regulations to extend construction activity between 10:00 p.m. and 7:00 a.m. from Monday, June 17 through Saturday, June 22, 2013, for McNamara Contracting, Inc., in construction of County Project No. 30 -24 ( Diffley Road Overlay Improvements — Heine Strasse to Burnsville border). FACTS: • Dakota County Project No. 30 -24 provides for the mill and overlay improvement on Diffley Road (County State Aid Highway 30) from the Burnsville border to Heine Strasse, to be constructed in 2013 as part of the County's pavement preservation program. • The County Transportation Department has awarded a contract for these improvements to McNamara Contracting, Inc. • Section 10.37 of the City Code prohibits construction activity or the use of tools and equipment for construction activity between the hours of 10:00 p.m. and 7:00 a.m. within the City. • On May 6, 2013, City staff received a letter from the contractor (through Dakota County Transportation), requesting that McNamara Contracting crews be allowed to work all hours from 7:00 a.m. Monday, June 17 to 10:00 p.m., Saturday, June 22, 2013. • While the construction will be performed under traffic, the purpose of the request is to limit the length of impact of the construction activity, including temporary lane closures, upon the traveling public and adjacent residents and businesses. • The contractor's request is for six days to allow for the possibility of inclement weather. • The City Council has approved similar contractor requests in previous years, to allow construction activity on the TH 149 upgrade (City project - 2007) the TH 3 overlay (MnDOT project — Spring 2010), and the Cliff Road Water Main Improvements (City Contract 10 -09 — Fall 2010). • City staff has requested County staff to send a letter to adjacent residents and businesses notifying them of the proposed extended working hours and construction timeline. ATTACHMENTS: Location Map, page o B . Contractor's request, pages c-I through3 v C Q (Q 3 N O O N O Q C- c (D O C (O N C cl `G C- CD N N Q • r• co C C a (D �-r N n O Z cn /pa C n i co Z n Z O con A r C m 'm z 0 z m m `o x z 'v m r -mC m x 0 c z� Monday May 6, 2013 Mr. Ross Beckwith P. E. Dakota County Highway Department Re: 2013 Dakota County Highway Preservation Project CP 46 -42 Lakeville and Apple Valley CP 30 -24 CP 42 -128 & 129 Apple Valley CP 38 -46 Burnsville Mr Beckwith, This correspondence shall serve as our formal request for permission to constrict the Mill & Overlay portions of the above mentioned projects as night work. We request that the work hours for these portions of the project be altered to allow for this work to be scheduled between the hours of 6:00 PM and 7:00 AM. All work on these projects other than the mill and overlay will be performed during the allowed daytime hours. 1 have included the proposed work dates for these projects as well as the other Mill and Overlay portions of the project which will be constructed during the daytime. Respectfully, Gary N. Otte Project Manager 16700 Chippendale Avenue a Rosemount, Minnesota 55068 Office (651) 322 -5500 e Fax (651) 322 -5550 a Plant (651) 322 -3939 Dakota County Overlays Co Rd 46 (160th St) 88,648 SY 4" Milling 19,657 Ton Paving Proposed Dates -June 17th Through June 22nd. Co Rd 30 (Diffley Rd) 92,618 SY 2 Milling 10,440 Ton Paving Proposed Dates -July 8th Through July 12th Co Rd 42 (2 Jobs) 186,292 SY 2" Milling 21,041 Ton Paving Proposed Dates - august 5th Through august 13th Co Rd 38 (McAndrews Rd) 103,437 SY 2" Milling 11,923 Ton Paving Proposed Dates-Sept. 23 Through Sept. 27th Other Ivey billing And Paving Dates - Daytime CP 97 -117 Jensen Lake Park Milling 7456 SY May 15th- Paving 850 Ton May 16th CP 73 -26 Oakdale .Ave West St. Paul Milling 29,594 SY June 24th- Paving 3329 Ton June 25th CP 88 -19 Co Rd 88 Through Randolph Milling 70,072 SY Sept. P & 4th Paving 7,907 Ton Sept 4th & 5th CP 97 -133 Downtown Castle bock Milling 4,753 SY Sept 5th Paving 537 Ton Sept 6th N Agenda Information Memo May 21, 2013 Eagan City Council Meeting N. CONTRACT NO. 13-15 WATER QUALITY IMPROVEMENTS COST -SHARE PARTNERSHIP PROGRAM ACTION TO BE CONSIDERED: Receive the bids for Contract 13 -15 (Glacier Hills Elementary Bioretention & Swale - Water Quality Improvements) and award a contract to Ecoscapes, LLC for the base bid in the amount of $7,260.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On December 4, 2012, the City Council approved a Water Quality Cost -Share Partnership Program (Program). The purposes of the Program are to: 1) improve water quality in downstream public waterbodies; 2) reduce stormwater runoff into the storm sewer system and public waterbodies; 3) preserve, protect and enhance native plant communities around public waterbodies; and 4) educate and engage the public on the value of improving public water resources, and to develop empowerment and partnership opportunities. • The Program is funded from the stormwater utility fund and is being administered by Water Resources staff according to City Council priorities as designated in approved capital improvement programs, lake management plans, and development agreements. The Program is providing up to $50,000 annually in accordance with the City of Eagan's 5 -Year Capital Improvement Program (Part III CIP 2013- 2017). • The Program's inaugural project is proposed at Glacier Hills Elementary School of Arts and Science. It would address an existing problem of substantial stormwater runoff flowing across a large maintained area, down a steep slope, onto a City trail, and into the school entrance and adjacent Wescott Road intersection. This causes frequent wet and frozen hazardous conditions for pedestrians and cars. Reducing stormwater runoff in this area will help diminish a chronic safety problem and will help benefit downstream water quality (i.e., reducing downstream runoff volume, sediment, phosphorus, etc.). • The project would include excavation, grading, adding drain tile, soil remediation, and erosion - control while constructing a rain garden. • Volunteer students, teachers, and parents would provide in -kind contributions through planting the rain garden with native plants, purchased by the City. The school's science education curriculum would further support the project during and after construction and planting. The school's building /grounds staff would maintain the site into the future. • The project would be constructed prior to the end of the present school year, with a total Program cost -share of $7,260 that is matched by an estimated $2,500 of in -kind contributions. • There would be an opportunity for City Council members to participate in planting with students, teachers, and parents, on May 30th. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid of $7,260 from Ecoscapes, LLC has been reviewed by Public Works staff and found to be in order for favorable Council action. ATTACHMENT: • Bid Summary, page 31 BID SUMMARY Project Name: Glacier Hills Elementary Bioretention & Swale Project Contract Number: 13 -15 Contractor's Name Total Base Bid Ecoscapes, LLC $79260 Genandek Landscaping and Excavating, Inc. $14,618 GTrojects & Contract Information /font 13 -15 3 C�, Agenda Information Memo May 21, 2013 Eagan City Council Meeting O. CONTRACT NO. 13 -14, WATER SYSTEM IMPROVEMENTS WELL REHABILITATION ACTION TO BE CONSIDERED: Receive the bids for Contract 13 -14 (2013 City Well Rehabilitation) and award a contract to Bergerson - Caswell for the base bid in the amount of $78,700.00 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City's Public Works Department (Utilities Division) operates 21 deep water wells as the source of Eagan's municipal drinking water supply. • The average operational life of a deep water well is approximately seven years or 45,000 running hours. On average, the City of Eagan contracts to rehabilitate three wells per year. • At the end of the operational life, wells are refurbished or rehabilitated. Refurbishing includes equipment removal, equipment disassembly and inspection, replacement of worn or broken parts, equipment reassembly, coating protection, televising the actual well (determine physical condition), cleaning the casing, installation, and final inspection /testing. • The proposed rehabilitations of City Wells #17 and #18 are programmed for 2013 in the City of Eagan's 5 -Year Capital Improvement Program (Part III CIP 2013 - 2017). • The estimate for the combined rehabilitations was $87,000. The actual combined base bid amount was $78,700.00, or 9.5% below the estimate. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid of $78,700.00 from Bergerson - Caswell has been reviewed by Public Works staff and found to be in order for favorable Council action. ATTACHMENT: Bid Summary, page. 2 3 F DIRM J o ETO 2013 MUNICIPAL WELL REHABILITATION CITY PROJECT NO. CITY CONTRACT NO. 13 -14 Bid Date/ Time: 3:00 p.m., Friday, March 29, 2013 Well 17 Estimate: $50,000 Well 18 Estimate: $37,000 Total Over /Under Contractors Base Bid Estimate Bergerson - Caswell $51,085 2% Keys Well Drilling $57,390 15% E. H. Renner $58,102 16% Well 18 Estimate: $37,000 5/17/2013 Total Over /Under Contractors Base Bid Estimate Bergerson - Caswell $27,615 -25% Keys Well Drilling $29,090 -21% E. H. Renner $39,055 6% 5/17/2013 Agenda Information Memo May 21, 2013 Eagan City Council Meeting P. CONTRACT NO. 13 -16 SANITARY SEWER IMPROVEMENTS INFLOW & INFILTRATION MITIGATION, PART I ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract No. 13 -16 (Inflow & Infiltration Mitigation, Part I - City -Wide Sanitary Sewer Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Tuesday, June 18, 2013. FACTS: In cooperation with the Metropolitan Council Environmental Services (MCES), the City has made improvements to the sanitary sewer system over the past six years to mitigate the effects of inflow and infiltration. On February 5, 2013, the City Council approved an agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant Program. The agreement qualified Eagan for approximately $130,000 of matching funds for capital improvements to the public sanitary sewer system to reduce the amount of inflow and infiltration to the MCES disposal system. The identified improvements must be completed by June 30, 2014. • The proposed inflow and infiltration mitigation improvements are in accordance with the agreement for the grant program. The City is responsible to complete all of the referenced work and submit proof of completion for reimbursement from MCES. • Contract No. 13 -16 provides for the rehabilitation and lining of sanitary manholes to eliminate inflow and infiltration (130 vertical feet total). • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: • Location Map, page kRWT a Y. " 'jC, hrai-E�1�f /y✓ /( [ !� d t -i t V YI:_ d r. Z -,-a L I "} "t`. 11 �, tam i a � c . � T ✓ F.I 1 1 { .+ _ 11 I � r � -1 ` ( a r 3 ( y �7` - I p F � �' (' ,: # �A '1`° =sa- I fJ //.:•�91 rt l 5 it��t...lEI -i 7, t I( n., Y�Y ��r �- - -1 !, 'I �f� - " ;y ii' Ar jam, IL an M ..Lj f1'Ir I/ 8 z / f \hi A fit. €-.[ 15010 Svt Q i�'.r�+' -�'_ t,E t ys /r �d2 � ° .�� t d l tt r t 14 k � . I tq r �� % i � � a t ) ig V {•. '� � I � $ ��t r f ,. L S:< { I � • 1 ! I F [ t� a . FIR ` rF y�tf.c"'. r�'�`e€frvc`< Itfk .__I l t C'�gti r 3 {[{- "� i'. n ��j 1 5 { 11 t i'1 1 i "S. �'A � {�. �y,``• 9�, 5� � �� I ,` � 5 � � a �t �- � 1 /, f ( � `"' I : i, >> . � I 1 { � . R' i o'er �I .I't I r I��.S4ti 5; \`•X '.� I(�e`C�F7,J UI AilS;t 0 �.'{"�l�{." LV ,,.� O yy PIN — "�potr �t Ufa ;� NI w too I - f� yy p4 t �7 / 1 : S oil � TWA 9 i s r,>:5 �1 1 ¢¢ r"' < -. �} i! -q 1 i p ' - 5'it. ul 1y a HS. � t X n �f! 8uaqq I�IJtI "1 I�IIII 111111 j 3 AT �� F�C rlVll 11 C, 5'fl) fE7t < /��I� t ,l, aLAr11�4y S OAF Vry I F s r ". \t 1 -11 - ;l ..f� ::_ 3rn s f Et nnp !! f ll( I aE !!I 1 1.9E \ ( tset` R� 'i �`9 t•[ �:; F: t `'tt� MAY i� 3fS ci' c r e( k ti �Y I �, l[ ( o it iY /r % any" I t { a \ _ k # I (�J if r a to t ry r l i 4 s t s' r k( I t ��rtr7 lv c It f I5, t {t r '` >611j; : _... -a - .fit 1 ".� ; r { cy �.✓ _ °.� r I �- / � a�. t V (_,tom �Y �.t r, tgl x.ya _•1 5 v, _ }It r: �� Its - fir' � ' r 4i -! �,t q'' I. ha pG �x "nil < I _ _ ! �. lIF3G �` „"a3tti'ti erfp si jt pr s/ �J r` r 1• 2.'i i t d ”' �✓t W l [ t I '��. ! t 3 L� ti" , l 1 113 r v` 5 1. f 7: J . r• f Volvo I`r�: ^i ii Ilri Cf d E i b FIILI ( '=•i : �.1 3fi6' 4 Yr Y s u -n h UlI1� r I \�Y X n ' lr.,:. -.r fr "III, S 3 f "j dr { d Ar d It r € a A <.' { 1K .✓ e r'`% . ''� l { t• t � _ tr7 3 A`c .�'�1 Ft' i insld - i I `x.,e �i ,j �fJ �2 /(t � i J v t Fl -,+ r s ', .: a r 1 9✓ ;ru i � 'i i x E { t �a r ^t a tlttuL l _- 7X_ ", tl 'll Fi2 I t .I..t4s9t € }, ti> ` i t 4 C W_1 - a Tow '� [ r s .ftrxv t I:LY I { fA. f k-_�[Ir...i"k �.f SL. . ✓r,' /', F„a F,v, df �t :r'r � t a ) _ a, s ,�; li.l� /; / t a 2 X77 •J ✓ a(( VON, 1 sp �(`<`` t 77 >� ya a[ 5 ll' rl tl. 4 _ tf (�I t �ta�,.Qi•- Ci.C3. f r € ct l I i ) 1.::_ I.-1= t ' r e� 't t f " rt 1 l r /cI 1r /r rl ( �w, s r .f -_r ♦ l`. + d� < 5 is I l:. .r � Afly. �a 5t er• �aE'Ss 'I za 5 ct v L (r,' a a i r� I l r � r c l Q f v 7.r,.i,,JF t. I /.,9Ft \��55p� - b j `.�.a I�S `�' �'. ��t� r � III 5 t.l;l g IL: -' y .'it t - 'Jr,'._.1 -...:r e 5 _ :+�� s, dip it L-d BETA j� e2iG 11. -r -� I II cl ri� °. °° - V 1!• {- { Ilr {9't /v -�tF% € €J 1.1 1(4 rf A t� - vt 1 ter♦, 5r 1 rt F 9E iz a..5� rr� l l' {L ni 4 t�. 11001 f I Iris �' a»s�",a�a�111 3a'�,Y it 71 (Irti' e 1, lilt Cba 1 �S II i nif 4e FiF 3... �8L s _tk Nsz �i� rf �It 1€I i r d win k'. t ' i E tl r� efic,: - g Gr ! x3�'ia n ayt c 11 r'�5 1 ✓ 4 :pIxo S51Ei IdSF% ,{ L ✓` R f k 1f into I son i f° r`:: Sf < /- rr F r�fl rt�� - r Ln 3c I �C f 'IC _M1 f ek ` 7 it I �(r TrP t€x .4! rt tii hl t/ /1 a /� I- -r I._. " I{i 4 • t f ! �' i [ I - )L 11rx� -' i 1,: C a_p r l T { ff ✓;klti x.0 r tr .0 p 3 ! F r r:.4 Ai F� } >, �i ; 1 �'! t r 5 +. © 1u1 1l5€1; i_ , aE tt E 5: /o.d. 'tCe Il.9 � �x/ lf /7 p / ' f sf! .. ! "l s I cI y--Q4^ - S 3 r , � ti F \ 1 // L %,. . . y� . i / < � -- -_ f 1 € t 1..- _-. '' r '�, �7 f( !.(/y .!, f� ' � f � • g rg�l�a.t . _ -3 c JI r 9 o. r - tf.r.. --1 I ': I i r ! IIf tn s �xps its; r' s na 1 ='r 210 +N�.. . Bt .,wt ��39f/L. 5�. _,. Y... .. 'll'�7a.. ._. (__ -�1..d � __LE �32�Gi•.. �_SY�.�s��l 9. G3�t -E� i �''�1 ... 1 .��< ..�r .1 � � S: .k __ Agenda Information Memo May 21, 2013 Eagan City Council Meeting Q. CONTRACT NO. 13-17, SANITARY SEWER IMPROVEMENTS INFLOW & INFILTRATION MITIGATION, PART II ACTION TO BE CONSIDERED: Approve the plans and specifications for City Contract No. 13 -17 (Inflow & Infiltration Mitigation, Part II - City -Wide Sanitary Sewer Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Tuesday, June 18, 2013. FACTS: In cooperation with the Metropolitan Council Environmental Services (MCES), the City has made improvements to the sanitary sewer system over the past six years to mitigate the effects of inflow and infiltration. • On February 5, 2013, the City Council approved an agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant Program. The agreement qualified Eagan for approximately $130,000 of matching funds for capital improvements to the public sanitary sewer system to reduce the amount of inflow and infiltration to the MCES disposal system. The identified improvements must be completed by June 30, 2014. • The proposed inflow and infiltration mitigation improvements are in accordance with the agreement for the grant program. The City is responsible to complete all of the referenced work and submit proof of completion for reimbursement from MCES. • Contract No. 13 -17 provides for the installation of internal manhole seals to eliminate run off in roadways and right of ways (33 total seals). • All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. • The plans and specifications have been completed and are being presented to the City Council for their approval and authorization of the advertisement for bids. • An advertisement will be published in the legal newspaper informing contractors of the bid. ATTACHMENTS: Location Map, page �b 39 Ili y r _ tai r s /9 t U ::ti '�v +r Er L i- 3 l .)� R °� i / I Gr, t i t l t / y I, E S 1 f I �� ; i, E, 1 ', '# fb ti` .+.• # �.�. , a fsi- _ _ ( a.l I t'1 1 /r Y'1 aI �R� AL_ J'm #J r p1 - s � a, rfi l�t �s, r�11._r 1 - x! �aE �� l °_.. J? .�I'♦ Its 4:..tr � it I F I i .. 1 1, - -s r si , , 1 li ) 1.� •' ai s 1� _ rC [�f - 3 1 .- ti �R r P 1 ti �s. 1{ H W .? \ / - _ �� n� r ` e'i r-r t 1 + s 19 q"' III . - �} ` I,!E LJ �1- L 411; G+1 s ,I r` F t -5 1 [ n� r ,r f. -t "�'�C 41f 1( !(L �F C (F ) r ° y i `i rL 1 13 v�d yl i /� l r ! ,! F I # 1> •wl L EI.. ��r � �� t C o 1 y 111 ( g9� , �<i Il� ( _ y -, L� fY l f ul 1 �'l d (T �,F+ I - .,E _ , K 11 E 3 9 �).� -'u �. _ _ -' ! yi 1 j "'1��RE c' v- Ir la 6 {l[ 7 _ \ -r V r 3 f_ 1 # i t < f , ,; '- d F 3 F h +F r, .1 E <I z it �+R i d ' R a y dyN ;`� r 1 1 `� ])t el xa rfJla2 �c>. k1 't� , 1'.1 E ` r 11 L 1 _q x. \'' `t! A !rf�'I -.t? 1 n ij rrlf f `(i I�j� -E- �Y r,s F� '' r ! 1 1 �r -t S 5t v �- I- ' ,, nVC1ti ) �rc., r- - 1- „� : is E z I,I r9 14 S,� r YI I� Ir-. ,- 't 21 f < + , `� r' ,' e al ,t - is- v /r 3('I> 'iel- � r ('C ?_: .♦ \ "�� r l -:.} r Jf: F I�j '1” ZI F Y< rAr ' s 7 rj�lafw �I f - I J. ' -� �4 �1 i7. till it; il; ' i 1 ti. ') _k, `A,i°" �.,{ 1 �,'. as 7 ` e� - ' _..ji '� r` /r � ! � w l ,_ _6 d � 4 -� - �I �{ a '. 11I �f , , . -, tip I'L- - I'� � F ,I ,£ Y; �) Fjp MS'S 12a. E Ilit ,v r'S�Y kd.S e�� `i ® `�' v i� / (, -. I-a I # r d I 1 a1 s,� z �' !t11S 1 '� A eit V',t a � r a..F� °1 i +'�C/ �� `�t' t S;t xIk ' /i E,�t. �� t i +x`I _ IF. VaLf '{i t ,1 1 Y 1 ._�� 1! .; CJ xyfx :G F: J Sj r 1 � "I � �Y ! S J s i J� t; � (I ` jj{ r µ / I `� -b! t �r i , I1 + . , r }� ;5r 1 7 ( `'(i� �S I, , ."' r P 4. i)F -s 11 II ! t 1 1 1 C ,T \ a v� as j I5k ld ial s r��, k��l f�I lull h� t�� y. \��4, i1 C? j) � it sla -g I kixL�J ' 1 3 a} s ,, - :fr� i _ i dey i -r.,� [ F ! _ ) t l t J I B 11 r�"c.� r �) # �S ��r» �?� ia�l� �. ( �` + - et 1 r ale 1 11 ( w-. -' �� 7k4 �, r r E- ' d t� ' °u_. f 3sr re I `I t 1 °x` ♦ Y -E F �t r ,)� /, r E r'� '4 �.o E�� 1r f -�r 1 € N. - n i. u t t[t tf / - 4 1 11 1 - C,� ,.. `II II 11 \ i 6 ( ; . f j iJ I' N:.:N JF\ -,.z-- vF�:.11 l� If 11 �3 ` r .1 li 1 ,1 xI ,. \.1 �� ¢ F., 'Y 1 t f ,s, ,. ^ !' C j'�I It P: N y r= =1 ` \ r, / !,x r �r i , i �; �l -1 r mss' .- r j xl . 1 e it, .I 1 , �+ r�� ,I 1 f� p . It i `.� f .S e a !i ) t�' r e' _ y � �',`'� t ;� t �t S (� � 5 x , 6 $ -- @ 11 - 11 l \ t v i y- L. Pk IY. i lY v F,1 - �� 'i n v 11i` I IC ar 915"w I r l t l r 1 . r 11 t r_ .1 r < a'. , i- 1. 1 / 3'f ri �� 1 r j� �� p\ frI t`I IpF4y i j, p ll.. r -I �/`�`, 3 i rr ti.' ,Q / Yjl 4w 1 [ _ �_�, ` �,.,��r �� r� 11 `1 k d �j� 1 j�ftl to f S i�; Sl f ) 11 )- L s e I t 1 1 4 / , I` ti / r :..l 1 �, j v- i- l I � 1 -f l % t.l r "� .1 ' V t \ \\ \ � i a � rr/ �, �� 1 1 i. n/ t \- t n a 1 I - t I _ (t I �b 1 L °� +'� Itil #� I� Jay ; 1 �� , ` �� 1., 1 E*1, � p �� + ! ,� _1 -2 y2(Et/ r 3)11" 1jI L 'ry �q'C- n of -�1 11 tt. e . , r y! ;0- FI i jk 1 )'t'`#r r: � ;# t �r ". ,.:iy < 3 rr '11v ��' j {. y t o �� `N, D f U 1 [ r 1 �� q A 1 �. ri #r r j �'i ,A 11 0 ri Nr , ui r u It, i -A- q} °�I - f j { _ 1 i P -t _ ` �� .E Jt, a�!ta K �( jfl tr �'V +dl� r_ r r �" " I J41 -L i 1 7 X R] 1 a , E = s° A F c " -t 1 ii r= Y :"b, �l ca b q `'{ C. I t r, f s r s r I =, `� �y , , - ( ,.tea, ! r G L. _ r -^Jl ` I t' 1 \M lE n�G v �� 11 r (y- � S, �„ AI ,r - e �� li) 3 ti 1 �) �a� 1 1�a 5 s V V i ti �, s >M. _ a I(��I /y ee� y?t 4 ,�lx a li "+ 3r a tjE a 1 r Y tr ll :: 1 AIL I� fo C I .,- �a r rjj i J G 1 1 \ -'mow 1 _ 'rte a c �: _ 1� t: I (hj'^� r 1 1 I _ �,� n ¢ c, I � �� t� 1-J� JV '�llr ' c rI I (� fir- 4 - rz ,-_ d [ k ] 1 ? ;/ �i t� .' f. t i . 4 S4 � I . e l t �` a 1.:. ,1 #j 1 itr g i - r ti {' - r '.{ ---.. a,,,,,�� t .w(F P r , -� i �iC. 11 '. t L X911 r , Ii .- r E '� ''k f�.:, F - I rl �_ E F �. S f t 1 �� (} �tFi2 r Ir tcf r 1 It I." t 1, I ( a, 1 v I", -` r r d 1 E + �- rd t€ yj r �i i r 7 "' �+ ' I .[ r t+ ' r I t _ 1 e '3 ?\ 1�' 9 g n JF +m �r ,, 1 1. §� �'1 y ; 1 �1 r.. h 1 `3 a r i �- rrY t r y f !� tjMv I III. J ;or Iti,v lv� ._ � � )� r +srra �s �c a .tea t rQ; r v I I2 a..y g -� 1 A 5 r ,..t�l t '+1 jhy rt i< .1 a L ( r 3r J i r x R ,r 1 w ��(� 1 g�& I �1� i Ian ' P �,. C �I J + }.�x�C+f]t' o !p g �1,�r �� *d �" 1 }I a (, Y { Ir e`` 1 - ¢° e° i!k 1 r -':1 r 6 -� , c i o )- t 1 8 ui N`,i � " I, _9 3II 6- st '� �� 4 Ir kxl gal a IiJp_E- 12 C77}a 9s @196 d.> �1 t Ir I1 �S.I� I�. a ? ` :lrtx r;��f r� d C r ' ? E d i yl (.2' C 9 1 'It , -i 2h� l a/ FJJ3RS .�£ TC fr Y y i. I -1 iv I E . c - t ✓ `'� ��` 1�,�VV/ tar �. a �\ t r a1 Yr ,n d -r 1� f a k i, / I t \ +l �v rnFe2gb [ z s � ��" 4 t IY P"F i-- - 4 Jd , Et @b7 EF} 9 r �+ ,.. Itl IJ ;'17 r s e-,+� }� �\\ .l ��Cqn dtr ! �� ', // { - rr �� J n 1l t� / �,� L �� 1 a 4 .I ja t .��f,- �_ a r� i �b 1 �', #,F3 ��z � rl �, �j �� r �i . 1 f h (y4 II x 1 -. �;l .+ 1 •« i hey 'rW .r 11- �� /' / oy ' h 3 S 6 I i 1 Y 5 1 1 s s `i } 1 1 �'t .,.�r(� I 1 �� I� ) �j�1 j f -j�7r" 1� ` ` \i. / Y\ 711Lf Y! 1 f ilg lr rl+ -1�1 �9.:. �°ta. '�'r sr F?t {�/�1�lI1F111111t :I - I.J ' r -i , - - -i L \ h r Fr E Eb sy \ 1J1 r a a / { I 3 f 1 to �, V 3 5 /'Xl xF 1 4'� # la 3 � — c / r At � I iil . E`, s , % 1 S f`> -P y�i ! - s t / " v j .,,,r/F) �. , "'.. 1 .1 /�, QF 1, 2 - 1 rl a/ r v -r r A{ 1 1 §- / t '� �.AIy aA _'.'i '' ' 1x' Y t C el "'1��/ Y ✓� } u' . �-E��ti x� s 1.. t y�. ' �) ,h I1- I },C. { 1 e ) s a.I °P ti� 5, �r � Igor ,1 3 F 2 -, p�' tt� , -,- 1;�=. xa < I E r �* I •�� ) �Im Y ','��, ti-�le1 L.�C acI¢ 7G rat �t1T 1�3i# !t F-"' `C'tri� R xd +/ Lill2 t�' v d.l Fnt c% i /�a1 4.s�� '� gx,. �(i ( " �i ti It ti Y J L CL A z 1 Z. 1'E f rjtf -� Sn F E '� b ,r -_L �l j �1 T!� + 1 ig f�/ 3 € r Ii Ft.c �� d �w 2'.7J� Sda 34- ` _� 1 ., S; r v i ;� c -i irt3.trdte / app z _ itl? .111 I 1�;� '. d' ri i I j r1 c � . 1� �r 1 1� adv,�C �7�- �� : �; t y �; ,. < \� I 11 ��,�r . r A s a r� /3 `Y .� I� r• k. Ltd 1 t e.� v ♦ S $ 11 I (1 Y �4 I f 7 1 c i s f l l I f� l 1 I i�sf rt l k I �u i 11 " �ti3YttijAi + Ij 1 3 / j rf �' Ji1 - �� v �� `f 1 -{i 1 1-1 Y _`�?l. �� y f� i 'J' r / � / a , / _ /ky i•" r l 1t tl` / / ' Ir'-P' `r l J� t f .1 'e is r s>V .1 n t r / /, e. S , P / h r ( 1. r _ i lit �\ c� "Y.�� i , g n -. / a ( , F fry+;{ � / - / '�o I itt =_ , a il� B • '�y ifaf J _p F - Ira ` 1 Ed�a''1af E i 1� rip E r� r� �-. 4Ft + t1 s .G $ r jt� �� °tt1 AN,,- t i C - > I � - r r� o ) ,! 1st 1 i / A _ ;y f�ff 1r�4 `' JA�l M t t .a f �s_ i • r(.; e r +l ,/.fil r _ 1 I.r -.r .i� / �r -. R (� 4 F.:� �� Y 11� !�. e la 1 i ,� x M I -s�J i 1 I i :� I _u I ( a+ s,Ei;tlI -k I V.`�f, �.�\ � i ,lx �� ) rUC 1 d m - l.t It' I '. Isr 1 a f y r ! I 4b_� IE `� 7 E �; Cr l rills In Sa rya Wit, MM —�1 l? -- s _ {}�F. LI J �lfiA�tt 1 -`_S i ` V��11 I1 _ � I�C 7 . �1C. {-t '_7f�L ._� .-- 'h _Ii,i [ -._.dl ,<�I -- (IS'., a�.�C -'►l'' .,s.. .. r slt�• ;---- ...�,>�.. d = - =slr �a�� 'vain Agenda Information Memo May 21, 2013, Eagan City Council Meeting R. DIRECT PREPARATION OF AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 6.34 RELATIVE TO TOBACCO SAMPLING ACTION TO BE CONSIDERED: Direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 6.34, relative to tobacco sampling. FACTS: ➢ The Minnesota Clean Indoor Air Act ( MCIAA) prohibits indoor smoking in public places, but makes an exception for customers sampling products in a tobacco products store. However, because the MCIAA does not define sampling, it creates enforcement issues for City staff. ➢ The proposed action would direct the City Attorney's Office to prepare an ordinance amendment to prohibit tobacco sampling in licensed tobacco establishments, which will prevent enforcement issues. ➢ Staff is unaware of any tobacco establishments in the City that currently allow sampling. ATTACHMENTS (0): 3� Agenda Memo May 21, 2012 City Council Meeting S. APPROVE SHOWS LICENSE, OFF -SITE GAMBLING PERMIT AND TEMPORARY ON -SALE LIQUOR LICENSE FOR THE JULY 4TH FUNFEST AND WAIVE LICENSE, PERMIT AND RENTAL FEES ACTIONS TO BE CONSIDERED: 1) Approve a Shows License for the Eagan Funfest Committee and a Temporary On -Sale Liquor License and Off -Site Gambling Permit for the Eagan Lions for the July 4th Funfest. 2) Waive the fees for the Shows License, Temporary On -Sale Liquor License, Special Event Permit, Eagan Community Center rentals and outdoor park area rentals. FACTS: • The July 4th Funfest Committee has applied for a Shows License to hold the annual Funfest which features the parade, carnival, street dance, food booths, fireworks and events to be held July 3 and 4 at the Central Park Festival Grounds. • The Eagan Lions Club has applied for a Temporary On -Sale Liquor License for the Fourth of July Celebration, July 3 and 4, 2013. The application form has been submitted and deemed in order by staff. Approval is contingent on receiving a certificate of insurance. • The Eagan Lions Club has also applied for an off -site gambling permit to conduct bingo on July 4, 2013. After review, staff found no reason to deny the permit. Final approval is granted by the Gambling Control Board. • The July 4th Funfest Committee has applied for a Special Event Permit for the annual parade to be held on Yankee Doodle Road and Central Parkway. The Special Event Permit is issued administratively, but the associated permit fees may only be waived by Council. • Total fees requested to be waived include the following: • Shows License Fee: $25 • Temporary On -Sale Liquor License Fee: $150 • Special Event Permit Fees (for staff time related to the parade): $13,935.20 • Eagan Community Center Rental Fees: $1,644 • Outdoor Park Area Rental Fees: $1,296.50 ATTACHMENTS (3): Letter from July 4th Funfest Committee on page Letter from the Eagan Lion's Club on page 9a Resolution approving the off -site gambling permit on page I-0 April 27, 2013 City of Eagan Permits and Licensing Mayor Maguire and the Eagan City Council, Eagan's July 4Ch Funfest Committee would like to thank the City of Eagan for their continued support of our committee during the annual Funfest community event. We offer in writing, a formal request to waive fees associated with our Special Event Permit, and Shows License for the Funfest event. We additionally request waiver of fees for rental of the Central Park Festival Grounds, the upper field & Pavilion for our annual event taking place July 3 - 4, 2013. We request fee waivers for ECC Oaks Room use on both July 7 and July S (as prearranged with ECC and City staff) for the Eagan Ambassador Coronation event. Please advise of your decision on this matter. if you have additional question please contact me below: Lary Hilden, Chairman Eagan's July 4th Funfest P.O. Box 22503 Eagan, MN 55122 651- 343 -7965 Email: Ihilden@comcast.net Thank you for your attention to this natter, f,. Larry Hilden Chairman, Eagan's July 4th Funfest �A1 Eagan City Council, 0 RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR OFF -SITE GAMBLING PERMIT EAGAN LIONS CLUB WHERAS, the Eagan Lions Club has applied for an Off -Site Gambling Permit to conduct bingo on July 4, 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 Off -Site Gambling Permit for the Eagan Lions Club to conduct bingo on July 4, 2013 at 1501 Central Parkway, Eagan. Motion by: Seconded by: Those in favor: Those against: Date: May 21, 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 21St day of May, 2013. City Clerk Agenda Information Memo May 21, 2013, Eagan City Council Meeting T. FINAL PLANNED DEVELOPMENT AND FINAL SUBDIVISION (STONEHAVEN 6TH ADDITION) - LENNAR CORP. ACTION TO BE CONSIDERED: To approve a Final Planned Development (Stonehaven 6th Addition) for 37 row townhome units, located west of Wescott Woodlands and south of Yankee Doodle Road. To approve a Final Subdivision (Stonehaven 6th Addition) for 37 townhome lots and 13 outlots for common and open space as well as future development, located west of Wescott Woodlands and south of Yankee Doodle Road. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The Preliminary Planned Development and Preliminary Subdivision for the Stonehaven development were approved by the City on March 16, 2010. The approval was for a total of 263 units of single - family, twin - homes, and townhomes, and future 100 -unit multiple - family senior building upon approximately 115 acres. ➢ Stonehaven 6th Addition consists of 37 row townhome lots in the northern portion of the development. Outlot A is designated open space, and Outlot M is reserved for future development. Remaining outlots are common property of the townhome association. ➢ The proposed 6th Addition is consistent with the preliminary Stonehaven approval from March 2010. ➢ The Open Space Mana1§ement Plan established with the earlier phases is also made part of the Stonehaven 6t Addition Development Agreement and the Final Planned Development Agreement. ➢ Public open space and public are being provided consistent with the preliminary plans, as well as a private tot -lot and recreation area in the center of the townhome area. ➢ The Open Space and tot -lot will be owned and maintained by the Townhome Association, A Conservation Easement has been prepared by the City Attorney for the open space within Stonehaven 6th Addition. ➢ All documents are anticipated to be in order for execution at the City Council meeting on May 21, 2013. ISSUES: None ATTACHMENTS: (3) Location Map, page �6 �(p Approved Preliminary Stonehaven Site Plan on page Final Plat (Stonehaven 6th Addition), page q� 1-I4 COUNTY ROAD NO. 29' (YANKEE DOODLE ROAD) MIA IM !,C- ..... ... ....... "In ji \\ � W90, lop i!J IN PRELIMINARY SITE PLAN o _ C3 o o 0 r^t� LLJ >0 LLI L.) LLJ LA9 . .. .. ........ .. . ........ .. .. ... .... . .. ....... .. .. ........ ...... .. .. ....... . ....... . .. ........ .. .. 3 9 P2 Ld N 0 LU M.69.6Z.00N C-4 00'9LZ 3.01,ZZ.00N zeal D ioli 0 (l) LO pal 0 It M sL --------- L D 0 Lld 04 L.J Ld d a 16' W (k) F- D cqn 0 C'4 0 :7c - Ali z LO C" 't N 0 D :0) Mb 0 04 Eg o ioano .9 m D Ph F' yak :0:) 1011L 3.09,9400S I Ai 1, A 1 1,1 Ni LLJ >0 LLI L.) LLJ LA9 Agenda Information Memo May 21, 2013, Eagan City Council Meeting CONSENT AGENDA U. Adopt a resolution accepting a Microchip Scanner from the American Kennel Club. ACTION TO BE CONSIDERED: Adopt a Resolution to accept a Microchip Scanner from the American Kennel Club FACTS: • In 2012, the Police Department applied to get a Microchip scanner from the American Kennel Club. • Microchips are attached to pets for owner identification purposes. • The police department utilizes a scanner to check for microchips in over 200 pets each year. • In April 2013, the Police Department was notified it had been selected to receive a new scanner. • The new scanner will replace outdated equipment that the department currently utilizes. • The approximate value of the scanner is $290.00. ATTACHMENTS: Resolution on page L'4q . V CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN American Kennel Club WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the American Kennel Club has presented the Police Department with a donation in the amount of $290.00. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the American Kennel Club for the gracious and generous donation. ADOPTED this 21St day of May, 2013. Motion by: Seconded by: Those in Favor: Those Against: Date: �9 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Information Memo May 21, 2013, Eagan City Council Meeting CONSENT AGENDA V. Adopt a resolution accepting 50 dog and cat vaccines from Boehringer Ingelheim, the Animal Rescue Site, and the PetFinder Foundation. ACTION TO BE CONSIDERED: Adopt a Resolution to accept a combination of 50 dog and cat vaccines (valued at $600.00) from Boehringer Ingelheim, the Animal Rescue Site, and the PetFinder Foundation. FACTS: • In 2013, the Police Department applied to receive a combination of 50 dog and cat vaccines from a fund created by Boehringer Ingelheim, the Animal Rescue Site, and the PetFinder Foundation. • The vaccines will be used to vaccinate stray animals impounded by the police department to keep other animals in the kennel from contracting a disease. • In April 2013, the Police Department was notified that it was selected to receive the vaccines. • The vaccines will enhance the health of animals impounded by the City. ATTACHMENTS: Resolution on page J' F CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Boehringer Ingelheim, the Animal Rescue Site, and the Pet Finder Foundation WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the above organizations have presented the Police Department with a donation in the amount of $600.00. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the above organizations for the gracious and generous donation. ADOPTED this 21St day of May, 2013. Motion by: Seconded by: Those in Favor: Those Against: Date: �I CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Information Memo May 21, 2013 Eagan City Council Meeting Consent Agenda W. APPROVE EXPANSION OF THE CONTRACT WITH INSPECTRON INC FOR TEMPORARY BUILDING INSPECTION SERVICES ACTION TO BE CONSIDERED: To approve an expansion of the agreement with Inspectron, Inc. for temporary contract building inspection services from .45 time to a full 40 hour work week through December 31St 2013 and authorize a budget adjustment for that purpose. FACTS: • From time to time in response to work loads, the City has retained a firm that provides temporary contract building inspection services. We've used these services when volume of permits and inspections create backlogs. • One full time inspector position was cut from the budget in 2009 as a cost savings measure and since that time the City has been experiencing a steady increase in residential and commercial construction. • 2012 year end permit counts were 10% above the average of the past five years. Inspections were 8% above during that same time frame and revenues were additionally up 35 %. • Year to date the permit counts are up 22 %, inspections up 19% and revenues are up 45% from an average of the past five years. • The City currently has multiple projects under review for permits that have not been issued yet with a value of $86,000,000 and that doesn't take into account the Dakota Path project or our other projects that already have permits. • The 2013 budget includes a .45 time contract inspector and staff requests that to be expanded to a full 40 hour work week through the end of 2013. • By using this contract inspector full time the City would be returning to the complement of inspectors that had been in place in 2009 and before. Since the 100 plus stores at Paragon will be reviewed and under construction in early 2014 staff will explore staffing needs that are likely to arise to accommodate that spike in activity as part of the 2014 budget preparation process. ATTACHMENTS: None. 50� Agenda Information Memo May 21, 2013 Eagan City Council Meeting X. APPROVE AccessEagan NON - EXCLUSIVE ACCESS AND USE AGREEMENT WITH FRONTIER COMMUNICATIONS ACTION TO BE CONSIDERED: Approve AccessEagan non - exclusive Access and Use Agreement with Frontier Communications and authorize the Mayor and Clerk to sign; and further authorize the Director of Communications or IT Manager to execute all necessary work schedules to implement subsequent fiber extensions with the concurrence of the City Attorney. FACTS: • Nearly nine out of ten Eagan businesses surveyed say that high speed Internet connections are important to their business. • For several years now the Eagan City Council has put a high priority on broadband infrastructure and ensuring "the economic competitiveness of Eagan's business and residential communities in the global marketplace ..." • Extending City fiber and duct to key business areas of Eagan was a key recommendation endorsed and funded by the Council in 2011, making capacity from that fiber available for open access lease by any provider offering telecommunications services to Eagan businesses. • 16.2 miles of high performance fiber was authorized and installed in two phases in 2011 and 2012, and the name AccessEagan was selected to market the wholesale fiber network's availability to any carrier. • Letters were sent to all known telecommunications providers in the Twin Cities market and informational meetings held with many of those carriers. Additionally an AccessEagan Website, video and marketing materials were created to describe the offering. • A master agreement has now been reached with Frontier Communications to be the first provider on the network. The agreement is non - exclusive and allows Frontier to add Eagan's fiber capacity to Frontier's more than 302 miles of fiber in Dakota County and it allows Frontier to bring additional competitive service offerings to Eagan businesses both small and large. • Other telecommunications companies may also lease fiber optic circuits from AccessEagan's wholesale fiber network. • It is important to note that with this agreement Frontier can now begin selling services to more Eagan businesses with expanded point -to -point circuits, 100 megabit, Gigabit, and 10Gig circuits on request. The agreement provides that subsequent work schedules to extend standard connections to businesses contracting with Frontier to use the AccessEagan fiber may be approved by indentified City staff to avoid delays, with the concurrence of the City Attorney. ATTACHMENTS (0): Due to the length of the Access & Use Agreement, the master agreement is on file with the City Clerk. Agenda Memo May 21, 2013 Eagan City Council Meeting V. 2012 COMPREHENSIVE ANNUAL FINANCIAL REPORT ACTIONS TO BE CONSIDERED: • To receive and accept the 2012 Comprehensive Annual Financial Report (CAFR). • To direct the Finance Committee to review options for long -term financial strategies for the capital and operating needs of the Civic Arena and Cascade Bay. FACTS: • The CAFR for the year ended December 31, 2012 has been completed and the audit by Kern, DeWenter, Viere, Ltd. (KDV) has been performed. • KDV has expressed an unqualified ( "clean ") opinion —the best opinion that can be given —on the financial statements. • A brief PowerPoint presentation reviewing the results and the various charts and tables included in KDV's "Management Letter" will be made by Janel Bitzan of KDV. 2012 results in the General Fund are very favorable. Details will be offered in KDV's presentation. • Results for both the Civic Arena and Cascade Bay funds indicate there are financial challenges to be addressed for the longer -term, especially in light of roof replacements anticipated in the near term at both facilities, and boiler /mechanical replacement at Cascade Bay. Staff would be available to review the operating and capital needs of both facilities in a future Finance Committee meeting. • Ms. Bitzan and Finance Director Pepper will be available to answer questions. ATTACHMENTS: • 2012 CAFR (without page number) • KDV's "Management Letter" (without page number) _ • KDV's "Report on Legal Compliance" is attached on page J SL� I�DV Expert advice. When you need it.s' REPORT ON LEGAL COMPLIANCE Honorable Mayor and Members of the City Council City of Eagan Eagan, Minnesota We have audited, in accordance with auditing standards generally accepted in the United States of America, the financial statements of the governmental activities, the business -type activities and each major fund and the aggregate remaining fund information of City of Eagan, Minnesota as of and for the year ended December 31, 2012, and the related Notes to the Financial Statements, and have issued our report thereon dated May 9, 2013. The Minnesota Legal Compliance Audit Guide for Political Subdivisions, promulgated by the State Auditor pursuant to Minn. Sat. § 6.65, contains seven categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and Tax Increment Financing. Our audit considered all of the listed categories. In connection with our audit, nothing came to our attention that caused us to believe that the City of Eagan, Minnesota failed to comply with the provisions of the Minnesota Legal Compliance Audit Guide for Political Subdivisions. However, our audit was not directed primarily toward obtaining knowledge of such noncompliance. Accordingly, had we performed additional procedures, other matters may have come to our attention regarding the City's noncompliance with the above referenced provisions. This report is intended solely for the information and use of those charged with governance and management of the City and the State Auditor and is not intended to be and should not be used by anyone other than these specified parties. KERN, DEWENTER, VIERE, LTD. Bloomington, Minnesota May 9, 2013 Expert advice. When you need it.Jd' Certified Public Accountants Wealth Management Payroll Services Business Valuations Technology Services St. Cloud 220 Park Avenue S. P.O. Box 1304 St. Cloud, Minnesota 56302 Phone: 320.251.7010 Fax: 320.251.1784 ,3b Twin Cities 3800 American Boulevard Suite 1000 Bloomington, Minnesota 55431 Phone: 952.563.6800 Fax: 952.563.6801 www.kdv.com Toll Free 877.912.7696 Technology Help Desk 866.400.6426 Agenda Information Memo May 21, 2013 Eagan City Council Meeting PUBLIC HEARINGS A. LOT 1, BLOCK 1, BOB MARTIN ADDITION DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Close the Public Hearing for the vacation of a public drainage and utility easement located on Lot 1, Block 1, Bob Martin Addition. FACTS: • On April 4, 2013, City staff received a petition from Brad Crooks, AMEC, requesting the vacation of a portion of an existing drainage and utility easement on Lot 1, Block 1, Bob Martin Addition (2965 Lone Oak Circle). The property is located north of Lone Oak Road in northeast Eagan. • The purpose of the request is to allow the current business, Catallia Mexican Foods, to construct an addition near the south east corner of the existing building. The addition will house two silos to store liquid soybean shortening. • The request would vacate a 5' wide by 50' long portion of an existing perimeter drainage and utility easement along the south property line of the parcel to avoid the encroachment of the building addition within said easement. • The vacation of the 5' wide portion of the easement would accommodate the proposed building expansion within an area that is without public utilities or drainage impacts. • Catallia Mexican Foods has been successful in this location since April, 2006. They have about 125 employees in a plant that runs 24 hours a day, 6 to 7 days a week. They produce over 2 million tortillas each day. • 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 Public Works Department (Engineering Division) and found to be in order for favorable Council action. • Consideration of the approval of the vacation of said public drainage and utility easement is proposed to occur as part of the New Business Item B., CONDITIONAL USE PERMIT AND VARIANCES — Cattalia Mexican Foods, scheduled for later in the May 21 Council meeting agenda. ATTACHMENTS: • Location Map, page . • Easement Vacation Legal Description, graphic, page F5 (0 494 DIFFLEY RD.r EASEMENT VACATION LOCATION 0 Z0 10 _3 LONE OAK RD. 0 Im - z Ld 0 Z 0 YANKEE DOODLE RD. IL �4- CITY OF EAGAN + Proposed Easement Vacation Location Map Ctyflapn Lots 1, Blk.1, Bob Martin Addition 5q NFA Fig. 1 4/8/2013 EASEMENT VACATION EXHIBIT � I I I I I I I I L T 1 I ' I I V I CATALLINA MEXICAN FOODS LLC PID 10- 14600 -01 -010 I 2965 LONR OAK CIRCLE - I I I (D I I -------- - - - - -- --\7- - - - -� -- 199.50 - - - - -- - - - - -- -- - 50.0 - - -- — I I I I =PR SED BLDG. DITION ri C) \! `�cr '" - `- 10 FT. DRAINAGE AND UTILITY EASDEMENT PER PLAT OF BOB MARTIN ADDITION DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED: The North 5.00 feet of the the South 10.00 feet of the West 50.00 feet of the East 199.50 feet of Lot 1, I� Block 1, BOB MARTIN ADDITION NOT TO SCALE Li Agenda Information Memo May 21, 2013 Eagan City Council Meeting PUBLIC HEARINGS B OUTLOT D, STONEHAVEN 5TH ADDITION DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Approve the vacation of a public drainage and utility easement located on Outlot D, Stonehaven 5th Addition and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On April 8, 2013, City staff received a petition from Ms. Carole Toohey, US Home Corporation, requesting the vacation of an existing drainage and utility easement on Outlot D of Stonehaven 5th Addition. The property is located in northeast Eagan near the City of Eagan's Fire Safety Center. • Said easement was dedicated to temporarily provide for storm drainage from Station Trail in conjunction with the construction of the street and utility improvements for the Fire Safety Center. The construction of the street and utility improvements by the developer as part of the Stonehaven 6th Addition development will address the permanent drainage needs upon connection to the existing Station Trail storm sewer. • The purpose of the request is to allow the recording of a final plat of the outle for the proposed Stonehaven 6th Addition as a residential development. • The request would vacate the existing drainage and utility easement on the property. The vacation of the easement would clean up the proposed plat by avoiding any underlying recorded dedications. • Said easement will no longer be needed upon the construction of the Stonehaven 6th Addition street and utility improvements. The final plat of Stonehaven 6th Addition will address and incorporate all necessary public drainage and utility easements on this property. • The approval of the plat for the Stonehaven 6th Addition is also scheduled for Council consideration on May 21, 2013. • 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 Public Works Department (Engineering Division) and found to be in order for favorable Council action. ATTACHMENTS: • Location Map, page. I • Easement Vacation Legal Description, graphic, page CITY OF EAGAN Fig. 1 Proposed Easemant Vacation Location Map Cityflap Stonehaven 5th Addition 04 -08 -2013 (__00 MENDOTA HEIGHTS N M r } EASEMENT Z VACATION M LOCATION i ji 4 zS YANKEE DOODLE ROAD za r DUCKWOOD DRIVE �. z w I_ z � X z Y p� 1�I - 30 30 r- 43 J CITY OF EAGAN Fig. 1 Proposed Easemant Vacation Location Map Cityflap Stonehaven 5th Addition 04 -08 -2013 (__00 YANKEE DOODLE RD. PROPOSED LEGAL DESCRIPTION TO VACATE DRAINAGE AND UTILITY EASEMENTS A 20.00 foot permanent drainage and utility easement per document number 2727133, the centerline is described as follows: Beginning at the Southwest Corner of Lot 1, Block 1, EAGAN FIRE STATION NO. 2, thence North 52 degrees 13 minutes 46 .seconds West, a distance of 23.73 feet, thence North 79 degrees 20 minutes 46 seconds West, a distance of 163.50 feet and there terminating. • THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. F I IA © 2008 Pioneer Cad File: VESMTSKETCH Folder #: 7386 Drawn by: mdp Description Sketch for: LENNAR CORPORATION STATION TRAM,. (� EASEMENT #2727133 TO BE VACATED Dl171LOT E ti O _ O - Add iii � w 5th - n haven Stoe OUTLOT D III \ I I I - - I L - 4 5 13 7 B 9 10 1 - 3 2 I 1 2 1 MONARCH TRAIL 2 3 I I L I — 5 1 TLOT 0 1 3 4 5 2 21 2 3� 2 I I 1 4 3 LI 3 \ OUTi 0T B 4 I 56 45 II I I 7 &i 6 8 II NO SCALE 8 I I I I OUTLOT A II I I II II PROPOSED LEGAL DESCRIPTION TO VACATE DRAINAGE AND UTILITY EASEMENTS A 20.00 foot permanent drainage and utility easement per document number 2727133, the centerline is described as follows: Beginning at the Southwest Corner of Lot 1, Block 1, EAGAN FIRE STATION NO. 2, thence North 52 degrees 13 minutes 46 .seconds West, a distance of 23.73 feet, thence North 79 degrees 20 minutes 46 seconds West, a distance of 163.50 feet and there terminating. • THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. F I IA © 2008 Pioneer Cad File: VESMTSKETCH Folder #: 7386 Drawn by: mdp Description Sketch for: LENNAR CORPORATION Agenda Information Memo May 21, 2013 Eagan City Council Meeting PUBLIC HEARINGS C. LOTS 2, 3, 4 AND 5, LBOCK 1, SAFARI AT EAGAN 3RD ADDITION DRAINAGE & UTILITY EASEMENT VACATION ACTION TO BE CONSIDERED: Close the Public Hearing for the vacation of public drainage and utility easements located on Lots 2, 3, 4 and 5, Block 1, Safari at Eagan 3rd Addition. FACTS: • On March 20, 2013, City staff received a petition from Ryan McCabe, President, RMTS2 Investments, LLC, requesting the vacation of an existing drainage and utility easement on Lots 2, 3, 4 and 5, Block 1, Safari at Eagan 3rd Addition (1575 -1590 Thomas Center Drive). The parcels are located north of Cliff Road and west of Thomas Lake Road in southwest Eagan. • The purpose of the request is to allow the recording of a final plat of the property as the proposed Safari at Eagan 4th Addition. • The request would vacate all the perimeter drainage and utility easements on the existing property. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. • The new final plat, Safari at Eagan 4th Addition, will dedicate perimeter public drainage and utility easements that will adequately address public drainage and utility purposes. • The new plat will be considered at a future meeting of the City Council. Consideration of the approval of the vacation of said public drainage and utility easements should occur concurrently with the proposed plat 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. • This vacation request has been reviewed by the Public Works Department (Engineering Division) and found to be in order for favorable Council action concurrent with the future plat approval. ATTACHMENTS: • Location Map, page (0 • Easement Vacation Legal Description, graphic, page L 1� i ` —7 a e 28 s EASEMENT VACATION LOCATION DIFFLEY ' RD. f �- 30 � 30 Z '�N Y CLIFF., ROAD APPLE VALLEY Proposed Easemant Vacation Location Map Fig. 1 Safari at Eagan 3rd Cityof Eap 1-:User /Engineer /Easement Vacation Graphic/ Safari at Eagan 3rd 4/3/2013 (0-,3 Lj Q CD O <O y IE F EXCEPTION I ^w 4 I 2 wM wow I I aZZ^m I 6 SNUFM I ~KZO maid IVlZU(i I a� -o I 4 yy LL I 3 I I 5 I I I II DRAINAGE & UTILITY I DRAINAGE &UTILITY EASEMENT I I BLOCK 1 I I PG p,N 0\ A S P 3Pd \ I 11 I I ' I I ' I I \ _.DRAINAGE k / UTILITY EASEMENT .L- I C.S.A.H. NO. 32 (CLIFF ROAD T� F �s s O,L 6 � N /Z 7 r 60 0 60 120 / O�P SCALE IN FEET w °I w Description of easements to be vacated: Z All drainage and utility easements deicated to the public lying W within lots 2,3,4 & 5, Block 1, SAFARI AT EAGAN 3RD ADDITION, U according to the recorded plat thereof, Dakota County V) Q �® Easements to be Vacated f'— L 3 1 =` Proposed Drainage and Utility Easements Vacation ° City f Ea Ran Fig. 2 y R Lots 2,3,4 &5 Block 1, Safari at Eagan 3rd Add. Engineering Department I Agenda Information Memo May 21, 2013 Eagan City Council Meeting OLD BUSINESS A. Receive bids and approve resolution awarding the sale of Taxable General Obligation Tax Increment Bonds, Series 2013A. ACTIONS TO BE CONSIDERED: To approve the resolution awarding the sale of $12,565,000 Taxable General Obligation Tax Increment Bonds, Series 2013A; To engage Springsted, Inc. to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the bonds. FACTS: • At its May 7 regular meeting, the City Council authorized the issuance of the bonds to provide financing for the structured parking facility adjacent to the Paragon Outlets project and other outlots to be developed in the Cedar Grove TIF District. • The bonds will be sold by competitive bid. Bids are due May 21 at 11:00 a.m. • Credit ratings were requested from both Moody's and Standard & Poor's (S &P). S &P has affirmed its AA+ rating. Moody's rating has not be received yet, but will be included in the additional information. • Sale recommendations were previously made available to the Council. • The City's bond counsel, Steve Rosholt of Faegre Baker Daniels, has reviewed all of the related documents for propriety. • Dave McGillivray from Springted Incorporated will present the results of the sale. ATTACHMENTS: Standard & Poor's credit rating report is attached on pages � Y through Moody's credit rating report will be included in the additional information. The draft resolution is lengthy and not included in the packet. It is available for review in advance upon request. ('9 �� STANDARD & P 0 0 R'S RATINGS SERVICES Primary Credit Analyst: Errol R Arne, New York 212-438-2379; errol.arne@standardandpoors,com Secondary Contact: Carol A Hendrickson, Chicago 312-233-7062; carol.hendrickson@standardandpoors.com Rationale Outlook Related Criteria And Research ME 11311861 300238792 Summary: Minnesota; Obligation Standard & Poor's Ratings Services assigned its 'AA +' long -term rating and stable outlook to Eagan, Minn.'s 2013A, taxable general obligation (GO) tax increment bonds. At the same time, Standard & Poor's affirmed its'AA +' long -term rating and underlying rating (SPUR), with a stable outlook, on the city's existing debt. The rating reflects our assessment of the city's: • Participation in the Minneapolis -St. Paul economic base and role as an inner -ring suburb in the prosperous southern suburbs; • Very strong wealth and income levels; • Healthy financial performance with very strong fund balance levels, on both a dollar and a percentage -of- expenditures basis; and • Low -to- moderate debt as measured by debt per capita and debt as a percentage of market value, coupled with rapid amortization schedule. The city's unlimited -tax full- faith - and - credit secure the 2013A bonds. The intended source of payment on the bonds will be the city's pledge of tax increment revenue derived from the Cedar Grove Tax Increment District No. 1. We understand that officials will use proceeds from the series 2013A bonds to finance a parking ramp concurrent with the development of a private regional mall outlet. Eagan has an estimated 2011 population of 64,456 (which is slightly higher than the 2010 U.S, census population of 64,206) and is located in Dakota county. It is approximately 14 miles south of downtown Minneapolis -St. Paul, which allows residents access to the area's strong economy. Despite the loss of employees at Delta Airlines, Lockheed Martin, and Mesaba airlines in 2012, the city's job numbers increased to its highest level ever. Leading employers include Thompson Reuters (7,700 employees), Blue Cross /Blue Shield (3,250), Ecolab (1,500) and United Parcel Service (1,400). The increase in jobs had a positive effect on the average unemployment rate, which in 2012 was 4.7% for Eagan and was lower than the 2011 average of 5.6 %. These averages were lower than Minnesota's which were 5.6% and 6.5% for the same time periods, respectively. Recent and continuing commercial and residential development has contributed to the city's population and economic growth. In our opinion, income indicators are very strong, with the median household and per capita effective buying income at 147% and 141% of national levels. The city's taxable net tax capacity has declined nearly 25% since 2010 to $71.7 �0 1� MAY 13, 2013 2 1131186 1 :300238792 Summary: Eagan, Minnesota; General Obligation million. Despite the decline, in payable 2012, the economic market value, a more accurate measure of wealth and sourced directly from the Minnesota Department of Revenue, was $6.8 billion, or $105,387 per capita, which we consider very strong. Eagan's financial position remains healthy as characterized by very strong reserves, which were 47% of operating expenditures on an unassigned general fund basis as of latest audit ending Dec. 31, 2011. The city adopted a balanced budget for fiscal 2013, without the use of reserves. City officials expect results for 2012 to yield a surplus of $1.95 million of which officials cite their conservative budgeting practices, specifically related to expenditures, as the main reason for the surplus. Officials typically do not refill vacant positions, unless needed, and the 2012 results included a one -time revenue gain of nearly $400,000. The last audit in 2011 produced a deficit of $643,724, which decreased the total unassigned general fund balance to $12.6 million, or, in our opinion, very strong 47.1% of operating expenditures. Officials pointed to a one -time charge of $1.5 million to fund a fire- safety center. Property taxes represented approximately 78% of total revenues in 2011 while charges for services generated 7 %. The city operates a multitude of capital project funds, including the Cedar Grove - Highway 13 Tax Increment Financing District Fund, which accounts for tax increment revenues, land acquisition, public infrastructure construction, and other costs related to the redevelopment of the Cedar Grove area of Eagan. The city expects the fund to continue negative operations with a deficit fund balance and is currently subsidizing it through interfund transfers. The fund had a surplus in 2011 and took the negative balance to $22 million (from $25 million in 2010). The city plans to eliminate the deficit through future tax increment collections, which it acknowledges will be an extended process. We consider Eagan's financial management practices "good" under Standard & Poor's Financial Management Assessment (FMA) methodology. An FMA of good indicates our view that financial practices exist in most areas but that governance officials might not formalize or regularly monitor all of them. The city has a thorough process for revenue and expenditure assumptions, does a comprehensive capital improvement plan that it updates regularly, and has a formal, well- considered fund balance policy. Furthermore, city officials closely monitor the status of the budget and the city's investment portfolio and report results to the city council monthly. The city does not employ a long -term financial plan. We consider Eagan's debt burden low at $1,531 per capita, or 1.6% of market value. Debt service carrying charges, in our view, were also low at 4% of governmental fund expenditures, less capital outlay, in fiscal 2011. Amortization is rapid, in our view, with officials planning to retire 70% of principal over 10 years and 100% over 20 years. It is our understanding that the city does not have additional debt plans during the two -year outlook period All full -time and certain part -time employees of Eagan are covered by defined benefit pension plans administered by the Public Employees Retirement Assn, of Minnesota (PERA). PERA administers the General Employees Retirement Fund (GERF) and the Public Employees Police and Fire Fund (PEPFF), which are cost - sharing, multiple - employer retirement plans. According to the 2011 audit, the city made its required contributions of $762,380 and $836,567 to the GERF and PEPFF. The city also contributes to the Eagan Volunteer Fire Department Relief Assn. and contributed $441,116 to this fund in N MAY 13, 2013 3 1131186 1300238792 Summary: Eagan, Minnesota; General Obligation 2011. The city provides other post - employment benefits for retired city employees and officials who meet PERA eligibility requirements and have been employed for a minimum of 15 years. According to the 2011 audit, the city contributed $137,641. As of Jan. 1, 2011, actuarial valuation liability of $3.9 million is overfunded as the value of the assets was $7.4 million, The total payments to the pension and health care funds represented 3.9% of total governmental expenditures in 2011. The stable outlook reflects our expectation that the city's continued healthy financial performance will support the maintenance of very strong fund balance levels in accordance with the city's policy. As such we do not expect to change the rating during our two -year outlook period. w M ='s Of May 13, 2013) Long Term Rating Eagan US$1;66 mil taxable GO hsg imp bnds. Long Term Rating HH+lJtapte :! Hin 2012A'dtd 05/1512012 due 02/01/2028 AA +, /Stable; Affi Complete ratings information is available to subscribers of RatingsDirect at www.globalcreditportal.com. All ratings affected by this rating action can be found on Standard & Poor's public Web site at www.standardandpoors.com. Use the Ratings search box located in the left column. �1� MAY 13, 2013 4 1131186 ( 3002, 8792 Copyright © 2013 by Standard & Poor's Financial Services LLC, All rights reserved. No content (including ratings, credit- related analyses and data, valuations, model, software or other application or output therefrom) or any part thereof (Content) may be modified, reverse engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written permission of Standard & Poor's Financial Services LLC or its affiliates (collectively, S &P). The Content shall not be used for any unlawful or unauthorized purposes. S &P and any third -party providers, as well as their directors, officers, shareholders, employees or agents (collectively S &P Parties) do not guarantee the accuracy, completeness, timeliness or availability of the Content. S &P Parties are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, for the results obtained from the use of the Content, or for the security or maintenance of any data input by the user, The Content is provided on an "as is" basis. S &P PARTIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, FREEDOM FROM BUGS, SOFTWARE ERRORS OR DEFECTS, THAT THE CONTENT'S FUNCTIONING WILL BE UNINTERRUPTED, OR THAT THE CONTENT WILL OPERATE WITH ANY SOFTWARE OR HARDWARE CONFIGURATION, In no event shall S &P Parties be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs or losses caused by negligence) in connection with any use of the Content even if advised of the possibility of such damages. Credit - related and other analyses, including ratings, and statements in the Content are statements of opinion as of the date they are expressed and not statements of fact, S &P's opinions, analyses, and rating acknowledgment decisions (described below) are not recommendations to purchase, hold, or sell any securities or to make any investment decisions, and do not address the suitability of any security. S &P assumes no obligation to update the Content following publication in any form or format, The Content should not be relied on and is not a substitute for the skill, judgment and experience of the user, its management, employees, advisors and /or clients when making investment and other business decisions. S &P does not act as a fiduciary or an investment advisor except where registered as such. While S &P has obtained information from sources it believes to be reliable, S &P does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. To the extent that regulatory authorities allow a rating agency to acknowledge in one jurisdiction a rating issued in another jurisdiction for certain regulatory purposes, S &P reserves the right to assign, withdraw, or suspend such acknowledgement at any time and in its sole discretion. S &P Parties disclaim any duty whatsoever arising out of the assignment, withdrawal, or suspension of an acknowledgment as well as any liability for any damage alleged to have been suffered on account thereof. S &P keeps certain activities of its business units separate from each other in order to preserve the independence and objectivity of their respective activities. As a result, certain business units of S &P may have information that is not available to other S &P business units. S &P has established policies and procedures to maintain the confidentiality of certain nonpublic information received in connection with each analytical process. S &P may receive compensation for its ratings and certain analyses, normally from issuers or underwriters of securities or from obligors, S &P reserves the right to disseminate its opinions and analyses. S &P's public ratings and analyses are made available on its Web sites, www.standardandpoors.com (free of charge), and www.ratingsdirect.com and www.globalereditportal.com (subscription) and www.spcapitaliq.com (subscription) and may be distributed through other means, including via S &P publications and third -party redistributors, Additional information about our ratings fees is available at www. standardandpoors .com /usratingsfees. 41) MAY 13, 2013 5 11311861 300238702 Agenda Information Memo May 21, 2013, Eagan City Council Meeting VII. NEW BUSINESS A. PRELIMINARY SUBDIVISION (SAFARI AT EAGAN 4TH ADDITION) - RMTS2 INVESTMENTS, LLC; SAFARI OFFICE SUITES ASSOCIATES; OLSON COMMERCIAL PROPERTIES, LLC ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Subdivision to create four lots upon 2.49 acres for property located at 1575, 1580, 1585 and 1590 Thomas Center Drive, subject to the conditions listed in the APC minutes. To open the public hearing to vacate public drainage and utility easements located on Lots 2, 3, 4 and 5, Block 1, Safari at Eagan 3rd Addition, and continue action to be considered at a future City Council meeting. To direct preparation of an encroachment agreement to be returned for future Council consideration. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ A Planned Development was approved in 2000 for four office buildings on the site; three have been constructed to date. ➢ The existing plat consists of lots for each building footprint, with a separate lot for the parking lots and yard areas which is owned in common through an Owner's Association Street access is from Thomas Center Drive. Cross - easements are in place for shared ingress /egress and parking both among the four lots and with the adjacent Lifetime property to the north. ➢ The Owners wish to eliminate the common property and create four parcels to be owned independently, for the purpose of dissolving the Association. The applicant's narrative indicates the Association "administratively unnecessary, burdensome and a potential barrier to the marketability of the separate parcels of the Property." ➢ The applicant "proposes to address any issues raised by dissolving the Association through private easements." No new development is proposed at this time, and no changes are proposed for the future fourth office building yet to be constructed. 11 ISSUES: ➢ The applicant has requested to not dedicate the typical drainage and utility easement along the common lot line between Lots 3 and 4 at this time. Any future development upon Lot 4 will require PD Amendment, and dedication of the drainage and utility easement would be reevaluated at that time. ➢ An additional condition of approval should be added to the Preliminary Subdivision that states: "Any future development upon Lot 4 will require a PD Amendment, and dedication of the d/u easement will be addressed at that time. " 60 -DAY AGENCY ACTION DEADLINE: May 25, 2013 ATTACHMENTS: (3) Location Map, page 7�1 Draft April 23, 2013 APC Meeting Minutes, pages `1y through Planning Report, pages V] 0 through "A 11 a q5 m AND ��I ` r e • 1 �� ® ® ®o ��y��v��v� 0 1 B •0•• • I • '••� ® ®. �� ®' �® ®� � 1 Dim. Rd . f 1111 ► ®� 4 ® �, ®�® ®� ®�� ®� ii is ■ ®� ® ® ®•�� ®�� ®: ONE loss Ai • . Extent .0 FROMP EN ®l�o �® e® 1 les �nela�O� ��mihe �: W- go "W-41 Iffia MAN ®�P �eO: :�,��oa�o .R � ® ® ®�® fie, - eeo•�. '` e� I�� ®® ►�� :v �' ®moo �� ©�i� ®� ®0�0 ® ®•��: ��q�a�. ®� ® ®� ®tea ►p ® ®A A�0 ® ® ® ®�' r ■. ®�4®AB!!v ® ® � ® ® © © ©.4e0 �® ®moo ®eAen®seA ®, � � ® "' • �� .. �® ® ® ®® ®® - ® ® ©® �o ■aura ®� '' . �i�� ®�� (�® ® eu ie is la ie m —•� ® o ®© ( �� 1 ®� ®® ®� ©® �•!!9 ®eel ° °° • ®ab ®® ® ®• ®® c� ®® � ®�� ®� •9 ®�: ® all 5 •� 11 wit ® °a® ® ®,� © ®� ® ®�� ° as ®ems ® © ®�:o;® SWAVE • � • , ° ' • • • 1 11 111 111 q5 Advisory Planning Commission April 23, 2013 Page 11 of 13 D. Safari at Eagan 4th Addition Applicant Name: RMTS2 Investments Location: 1575, 1585, 1580 & 1590 Thomas Center Drive; Lot 3 -6, Block 1, Safari at Eagan 3rd Addition Application: Preliminary Subdivision A Preliminary Subdivision of approximately 2.49 acres to create 4 lots. File Number: 28- PS- 01 -03 -13 Planner Dudziak introduced this item and highlighted the info report dated April 18, 2013. She noted the background and_h in the City Staff Molly Gherty, Esq. spoke on behalf the applicant. Ms. Gljerty s the association has been a burden to the property owners and a hindrance to pro 7erty values. Member Vanderpoel asked about the structures of the easement with Lif Fitness. Ms. Gherty explained that no party can dissolve theasement without the cones i,of the City. Chair Heaney opened the public hearing. There being no public comment, Ch—AI r: eaney closed th'e public hearing and turned the discussion back to the Commission. N .____._ Member Piper asked if the amount of green sp being altered=:from what was approved originally in 2000. Planri�`er dudziak confirmed tf esynot. � h Member Piper moved ember ina seconded a motiofo recommend approval of a Preliminary Subdivisio o crea`e four lots upo 2.49 acres for property located at 1575, 1580, 1585 and 1590 Thomas Center Driv ally des J;ed as Lots 2 - 6, Block 1 Safari at Eagan 3rd Additiorf su j' the fo( ng con s as `mended: , 1.e €leveloper sha ly with fihese standards conditions of plat approval as adopted by Cou`nrl n February ;, f9. 3: A1, B`l ;rB2, B3, B4, C1, C2, C3, D1, and E1 2. The property shall be plad. c 3. Prior to firiNS t approval; a applicant shall have applied for and the City Council shall have appr� a vacation f public drainage and utility easements for Safari at Eagan 3rd Addition. 4. 5. 6. 7. Public drainage &n e: sements on the Safari at Eagan 4t" Addition plat shall match the dedication of the Safa�`at Eagan 3rd Addition plat, except for the area no longer required due to relocation of Are hydrant. Public drainage and utility easements, at least 10 in width, shall also be provided along all property lines of each individual lot. Prior to final subdivision approval, the applicant shall have entered into an encroachment agreement with the City, in a form acceptable to the City Attorney, to permit existing building encroachments within drainage and utility easements. Upon development of Lot 4, building placement shall meet a minimum 10' setback from the side lot lines and a minimum 22% green space shall be maintained. A minimum level of green space must be maintained for each lot as follows: Lot 1 – 32% Lot 2 – 33% 94 Advisory Planning Commission April 23, 2013 Page 12 of 13 Lot 3 — 23% Lot 4 — 22% 8. Cross easements for ingress /egress and shared parking among the four lots and the adjacent lot to the north (Lot 1, Block 1, Life Time Fitness Addition) shall be executed in a form acceptable to the City Attorney. 9. An Amendment to the Final Planned Development Agreement shall be executed eliminating the requirement for an association. All voted in favor. Motion carried 6 -0. Y1 Z) PLANNING REPORT - - -- - CITY OF EAGAN - -- - -- -- -- - — REPORT DATE: Aril 18, 2013 CASE: 28- PS- 01 -03 -13 APPLICANT: RMTS2 Investments, LLC HEARING DATE: April 23, 2013 Safari Office Suites Associates Olson Commercial Properties, LLC PROPERTY OWNER: Same as Applicant APPLICATION DATE: March 27, 2013 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 1575, 1580, 1585 & 1590 Thomas Center Drive COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create four lots upon 2.49 acres for property located at 1575, 1580, 1585 and 1590 Thomas Center Drive, legally described as Lots 2 - 6, Block 1 Safari at Eagan 3rd Addition. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. KIN Planning Report — Safari at Eagan 4"' Addition April 23, 2013 Paae 2 D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvement are not likely to cause enviromnental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and snake the same available to the public." BACKGROUND /HISTORY This site was originally part of the Blackhawk Park Planned Development approved by the Eagan Town Board in 1972. The original PD plan was highly generalized and incorporated several hundred acres. The Planned Development was revised numerous times, resulting in the current development configuration. The Lifetime Fitness health club to the north was approved and constructed in 1996, with an expansion of the parking lot following in 2000. The bank to the south was developed in 2007. qq Planning Report — Safari at Eagan 4 "' Addition April 23, 2013 Page 3 In early 2000, the subject site received PD approval for the current development consisting of _ four office buildings on one lot. The PD provided for two 12,000 s.f. two story buildings, and two one -story 5,500 s.f. buildings. Only three of the buildings have been constructed to date. Later that year, the land was subdivided into separate lots encompassing the footprint of each building to allow for separate ownership. The parking lots and land around the buildings were platted as a separate lot and owned in common through an Owner's Association. A shared parking arrangement was created via cross - easements between the lots in the office development and with Lifetime to the north. The present request is to subdivide the property again, to create individual parcels for each building so that the Association ownership of the shared parking lot and land area can be eliminated. According to the submitted narrative, the applicant "proposes to address any issues raised by dissolving the Association through private easements." EXISTING CONDITIONS Site grading, the installation of utilities (water, storm sewer, and sanitary sewer) and construction of parking lots was completed with the previous development of the Safari at Eagan 3rd Addition. Three office buildings have been constructed on the site, and the PD Agreement provides for a fourth. Public street access is provided via Thomas Center Drive, and cross easements provide for shared ingress /egress as well as shared parking between the buildings and with Lifetime to the north. A gas pipeline and easement runs north -south through the site between the buildings. The site slopes from northwest to southeast, with elevations ranging from 964 to 937. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — According to the applicant's narrative, the maintenance of the Association has been "administratively unnecessary, burdensome and a potential barrier to the marketability of the separate parcels of the Property." The purpose of the proposed subdivision is to allow the association to be dissolved, so that "each lot will be able to support itself and the owner will be Existing Use Zoning Land Use Designation North Parking/Lifetime Fitness PD Planned Development RC Retail Commercial East Retail — Auto Service and Multi- tenant PD Planned Development RC Retail Commercial South Bank PD Planned Development RC Retail Commercial West Residential PD Planned Development LD Low Density residential EVALUATION OF REQUEST Proposal — According to the applicant's narrative, the maintenance of the Association has been "administratively unnecessary, burdensome and a potential barrier to the marketability of the separate parcels of the Property." The purpose of the proposed subdivision is to allow the association to be dissolved, so that "each lot will be able to support itself and the owner will be Planning Report — Safari at Eagan 4"' Addition April 23, 2013 able to independently make decision affecting the lot without needing to rely on neighboring____ landowners to affect change or obtain services." The applicant "proposes to address any issues raised by dissolving the Association through private easements." No new development is proposed at this time, and no changes are proposed for the fourth office building yet to be constructed. Lots — The subdivision proposes four lots, each containing one building and a portion of the site's parking. The lot areas range from 0.46 acres to 0.78 acres. Lots 1, 2 and 3 contain an existing building, Lot 4 is reserved for a future building per the existing PD Agreement. City Code requires that all lots provide a minimum 50' public street frontage. The proposed plat provides public street frontage only for Lot 4. The applicant is proposing to provide for public street access to all lots via private easements. The City Code allows parcels without public street frontage in a commercial complex, "provided said parcel(s) have access to a public street by an easement over another parcel within the same ... commercial complex ... for the purposes of establishing separate taxable parcels within a complex." Cross easements for ingress /egress should be provided in a form acceptable to the City Attorney. Green Space — Current City Code requires a minimum of 30% green space on commercial properties. The amount of green space, including anticipated future development on Lot 4 and additional parking on Lot 2, resulting from the subdivision is between 22% and 33% for each lot. Lots 1 and 3 are fully developed, however Lot 4 has not been developed and Lot 2 anticipates future additional parking. Lots 3 and 4 do not meet the 30% minimum. With full build -out of Lot 4 as anticipated, the aggregate amount of green space over the four lots will be 26 %. Green space on the four lots should be maintained at a minimum level as follows: Lot 1 = 32% (existing) Lot 2 = 33% (anticipated w /future parking) Lot 3 = 23% (existing) Lot 4 = 22% (anticipated w /future development) At the time the time the Safari at Eagan 3`d subdivision and development went through City reviews in April and September 2000, the City did not have a code requirement pertaining to minimum green space on a lot. That ordinance was adopted in November 2000. With no changes to the physical development at this time, and development that is consistent with the prior PD approval, it would appear appropriate to accept the established green space on the site. Setbacks — While the PD zoning designation does not carry specific setback requirements, perimeter setbacks were established with the prior PD approval and are not changing as a result of this proposed subdivision. For setback standards from the proposed new lot lines, the CSC, 1� Planning Report — Safari at Eagan 4`h Addition April 23, 2013 Page 5 - - Community Shopping Center, zoning district is comparable based on the Retail Commercial land use designation and surrounding uses. Requited setbacks in CSC are 30' front yard, 20' rear yard, and 10' side yard. Side yard setbacks of existing buildings to the proposed new lot lines are 17' to 17.5', which exceeds the 10' minimum for CSC. Lot 4 has not yet been built, and is the only lot with public street frontage and hence, a front yard. The Site Plan shows a front yard setback for Lot 4 that is more than the minimum 30'. Perimeter side yard setbacks for Lot 1 and Lot 2 are less than 10' however, future building placement on Lot 4 should meet the minimum 10' setback from the side lot lines. Parking - For the two one -story buildings (proposed Lots 1 and 2), City Code requires 30 parking stalls each. For the two -story building on Lot 3 (and future building on Lot 4), City Code requires 69 stalls each. This totals 198 stalls. The narrative indicates the proposed lot lines have been drawn so that each lot will have close to the number of parking stalls needed under the zoning ordinance. Currently, the property provides a total of 152 stalls throughout the four lots (including future parking on Lot 4). The PD was approved with this amount of parking and previous staff reports indicate the deficiency in on -site parking was resolved through a shared parking easement with Lifetime to the north, which the narrative indicates provides for use of an additional 67 stalls. Thus, the total available parking is 219 stalls. The applicant should provide cross - easements for shared parking among the four lots and with the adjacent lot to the north, in a form acceptable to the City Attorney. Storm Water Drainage - The entire site lies within Drainage District B (as designated in the City Storm Water Management Plan - 2007). Storm water generally flows to the southeast, enters the private onsite storm sewer system, then flows into the public storm sewer along Thomas Center Drive to Pond BP -13, located about 550 feet northeast of the site. Utilities - The existing buildings are connected to City sewer and water services. Utility services have been provided for the remaining vacant lot. Easements/ Pen-nits/ Right -of -Way - The existing public drainage & utility easements in the Safari at Eagan 3rd Addition plat will be vacated as part of the subdivision process, and new easements dedicated with the Safari at Eagan 4th Addition plat. Two existing buildings currently encroach onto easements by less than 1 -1/2 feet. Because of the existence of the public sanitary sewer and water mains within the easements on the Safari at Eagan 3rd Addition, it would not be appropriate to vacate any portion of the existing easements adjacent to those buildings. An encroachment agreement to permit existing encroachments to remain should be provided prior to final subdivision approval. The new drainage & utility easements to be dedicated on the 4 I Addition plat should match the dedication on the 3rd Addition plat, except for the area no longer required due to relocation of a fire hydrant. The easement dedication should also include 10 foot wide easements along all interior lot lines. NOSO Planning Report — Safari at Eagan 4"' Addition April 23, 2013 Page 6 Cross easements for ingress /egress and parking should be provided in a form acceptable to the City Attorney. Parks and Recreation — Park and trail dedications were satisfied with previous development. Financial Obli ag tion — At this time, there are no pending assessments on the parcel. SUMMARY /CONCLUSION In summary, the applicant is proposing to subdivide the subject site to allow dissolution of an Association and separate independent ownership of each lot. The applicant proposes to establish private easements to address issues raised by dissolving the Association, such as ingress /egress and parking. The existing development is deficient in on -site parking on a per -lot basis, and the minimum green space standard is not met for two of the lots. However, no changes to the development plan are proposed at this time, and the existing development is consistent with the prior PD approval. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision to create four lots upon 2.49 acres for property located at 1575, 1580, 1585 and 1590 Thomas Center Drive, legally described as Lots 2 - 6, Block 1 Safari at Eagan 3'd Addition. If approved, the following conditions should apply. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2,1993: A1, B1, B2, B3, B4, Cl, C2, C3, D1, and El 2. The property shall be platted. 3. Prior to final plat approval, the applicant shall have applied for and the City Council shall have approved the vacation of easements for Safari at Eagan 3'd Addition. 4. Public drainage & utility easements on the Safari at Eagan 4th Addition plat shall match the dedication of the Safari at Eagan 3'd Addition plat, except for the area no longer required due to relocation of a fire hydrant. Public drainage and utility easements, at least 10' in width, shall also be provided along all property lines of each individual lot. 5. Prior to final subdivision approval, the applicant shall have entered into an encroachment agreement with the City, in a form acceptable to the City Attorney, to permit existing building encroachments within drainage and utility easements. 6. Upon development of Lot 4, building placement shall meet a minimum 10' setback from the side lot lines and a minimum 22% green space shall be maintained. Planning Report — Safari at Eagan 4"' Addition April 23, 2013 Page 7 _ 7. A minimum level of green space must be_maintained for each lot as follows: Lot 1 — 32% Lot 2 -33% Lot 3 — 23% Lot 4 — 22% 8. Cross easements for ingress /egress and shared parking among the four lots and the adjacent lot to the north (Lot 1, Block 1, Life Time Fitness Addition) shall be executed in a form acceptable to the City Attorney. 9. An Amendment to the Final Planned Development Agreement shall be executed eliminating the requirement for an association. MO STANDARD CONDITIONS OF PLAT APPROVAL - -- -------------- - - - - -- - -- A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights -of -Way 1. This development shall dedicate 10 -foot drainage and utility easements centered overall lot lines and, 10 -foot drainage and utility easements adjacent to all public rights -of -way where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights -of -way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 4. This development shall dedicate adequate drainage and ponding easements, in accordance with requirements set forth in the latest version of the City's Stormwater Management Plan. C. Plans and Specifications 1. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead -end public streets shall have a permanent cul -de -sac, or temporary cul -de -sac to be removed upon further extension (on stub streets), constructed in accordance with City engineering standards. This development shall dedicate, provide, or financially guarantee the acquisition costs of street easements or public street rights -of -way as required by the alignment of the cul -de -sacs located within or beyond the boundaries of this plat as necessary to service or accommodate this development. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate public improvement project and associated contract must be awarded by Council action prior to final plat approval. E. Permits 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedications 1. This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks Commission and as awarded by the action of the City Council. G. Tree Preservation and Mitigation 1. This development shall be responsible for preparing a tree preservation plan and mitigating for any removal in excess of the allowable limits. Mitigation shall be in the form of replacement trees, cash equivalent, or a combination thereof in accordance with the recommendation of the Advisory Parks Commission and as awarded by the action of the City Council. H. Stormwater Management and Water Quality Protection 1. This development shall manage stormwater and protect water quality by meeting requirements for design standards, minimizing impervious surface area and maximizing infiltration and retention, and providing acceptable complementary stormwater treatments, stormwater treatment ponds, regional ponds, and maintenance of private stormwater facilities in accordance with the current City post construction regulations and as recommended by the Advisory Parks Commission and awarded by Council action. I. Wetlands Protection and ManaLyement 1. This development shall protect and manage wetlands by meeting requirements for wetland delineations and assessments, sequencing and replacement, and wetland buffers and setbacks in accordance with the current wetland protection and management regulations and as recommended by the Advisory Parks Commission and awarded by Council action. J. Airport Noise Attenuation 1. This development shall be responsible for meeting all appropriate noise attenuation conditions if the property is located within the Metropolitan Council Noise Exposure and /or Buffer Zone. K. Other 1. All subdivision, zoning, and other ordinances affecting this development shall be adhered to, unless specifically granted a Variance by Council action. Advisory Planning Commission Approved: August 25, 1987 City Council September 15, 1987 Revised:_ July 10, 1990 Revised: February 2, 1993 Revised: July 7, 2009 City of Eap Current Zoning and Land Use Map Application: Safari at Eagan 4th Type: Preliminary Subdivision Zoning PD Planned Development Iky,IW Land Use Plan RC Retail Commercial N 0 300 600 1,200 Goo+ . � • n1C�� X11 �� Eggs, � ��RY�lgPllgaD err �1�1� \ / ►� rr 11 11 11 rl �: p 11 11 11 11 -- 11111111 �� 11 11 11 11 � 103 HD Subject Site RC LID C.S.A.H. NO. 32 (CLIFF HI! Ur p 7e ig .91 ig szo CL zj LQ) CL Q F---------------------- I o bE 0 Fix "In rzzle PRELIM. PLAT \ \ \\ /\ c) �� \ \ \ \,\ E f o � K f yi :� H c� OL k Lij - - — — — — — — — — — — — — — — - ----------- "I LZ lc� _71 f� £.� \� EXISTING CONDITIONS �0 F2 � \ \\ 2 ma - - — — — — — — — — — — — — — — - ----------- "I LZ lc� _71 f� £.� \� EXISTING CONDITIONS �0 8 X30 1-9i - ul v, 2 .1 tag Z 86 2 a gi --------------- jMf �\ SITE PLAN V.,-H Oi . " 0 se 4! FF? F co n2 R R N t's wo O'C', �!: A A 4 5.1 YS rl_ --------------- jMf �\ SITE PLAN PRELIMINARY SUBDIVISION - SAFARI AT 3RD ADDITION WRITTEN NARRATIVE This Written Narrative accompanies the application materials submitted to obtain a subdivision of Applicant's property located in Eagan, Minnesota. Description of the Property The property is legally described as Lots 2, 3, 4, 5 and 6, Block 1, SAFARI AT EAGAN 3RD ADDITION (the "Property "). The Property is a part of Common Interest Community No. 384, Safari Office Suites. Safari Office Suites Association (the "Association ") currently owns Lot 2 of said Property. The addresses and parcel identification numbers of the remaining Lots 3 -6 are as follows: • Lot 3: 1590 Thomas Center Drive, Eagan, Minnesota; 10- 65827 -01 -030 • Lot 4: 1585 Thomas Center Drive, Eagan, Minnesota; 10- 65827 -01 -040 • Lot 5: 1580 Thomas Center Drive, Eagan, Minnesota; 10- 65827 -01 -050 • Lot 6: 1575 Thomas Center Drive, Eagan, Minnesota; 10- 65827 -01 -060 Plan for the Property - No Development The owners of the Property - RMTS2 Investments, LLC, Olson Commercial Properties LLC, and SAFARI OFFICE SUITES ASSOCIATION (collectively, "Applicant ") - seek to subdivide the Property into four lots and to dissolve the Association, both for administrative convenience and to make the Property more marketable. No new development is contemplated at this time with respect to the Property. However, the owner of the undeveloped lot has considered the possibility of later expanding its business and establishing a headquarters at its current location by developing the vacant lot. Maintaining the Association to manage the Property has proven to be administratively unnecessary, burdensome and a potential barrier to the marketability of the separate parcels of the Property. By allowing Applicant to subdivide the Property into four lots, each lot will be able to support itself and the owner will be able to independently make decisions affecting the lot without needing to rely on neighboring landowners to affect change or obtain services. The Property owners may very well continue to contract for services together for cost savings and may enter into cross - easements for additional parking, but ultimately, each lot will be independent of the others. All four proposed lots will be more marketable as stand -alone lots not burdened by the Association. Land Use and Zoning Designations The existing Comprehensive Guide Plan designation for the Property is retail commercial and land use consists of office buildings. Applicant does not request a change in this designation or use. 440841.2 1� a The existing zoning classification for the Property is a planned development. Applicant does not request a change in this zoning classification. However, Applicant recognizes that the Planned Development Agreement, dated September 17, 2002, which was provided by Ms. Pam Dudziak in the Planning Division of Eagan's Community Development Department, may need to be amended or replaced if the City of Eagan finds it necessary to reflect the current development of the Property (i.e., current Lot 5 has not been developed), the proposed dissolution of the Association, and new deviations from zoning requirements resulting from changes in the zoning laws since the Planned Development Agreement was executed. Flexibility in the Planned Development Applicant does not intend to develop the Property as part of this subdivision process; thus, the physical development of the Property is not changing. Only the placement of the lot lines, which necessitates the dissolution of the Association, will change. Because virtually no changes are proposed that would affect the analysis of the subdivision of the Property when the Planned Development Agreement was executed, Applicant believes the allowed deviations from the zoning requirements as addressed in the Planning Reports dated April 19, 2000, and September 19, 2000, and the Planned Development Agreement remain valid, except with respect to the creation of an association. The Planned Development Agreement contemplated the creation of an association that would own certain land. As Applicant seeks to dissolve the Association as part of this subdivision process, Applicant proposes to address any issues raised by dissolving the Association through private easements. Applicant acknowledges that the Property does not comply with all zoning requirements. However, the City may allow discrepancies with zoning requirements in planned developments without the need for variances. As noted above, some of the zoning requirements not met by the current development of the Property were addressed when the Property was subdivided and the existing Planned Development Agreement was executed. In addition to those differences, Applicant requests flexibility with respect to the green space requirement that went into place after the Planned Development Agreement was executed, and has specifically addressed potential parking and street footage issues below. Green Space: The proposed subdivided lots do not all contain the required thirty percent green space. By allowing SAFARI AT EAGAN 3RD ADDITION to be a planned development, the City has already acknowledged that the development departs from the zoning code in certain respects that are desirable. The lots as originally proposed were designed to achieve an efficient use of the space, and three of the four lots have already been developed in such a manner. To require each proposed lot to meet the green space requirement would result in unnecessary changes and would likely create issues with respect to other requirements, i.e., parking. Applicant requests flexibility with respect to the green space requirement. Parking: The lot lines for the new subdivision have been drawn in a way to best allot parking spaces so that the lots will each have close to the number needed under the zoning requirements. The one -story buildings each need approximately 30 parking stalls and the two - story buildings, assuming the undeveloped lot will have a building of similar size to the 440841.2 - I J developed two -story building, will each need approximately 70 parking stalls. The total number of stalls needed for all four lots equals approximately 200. The preliminary subdivision plat shows future parking spaces that will contribute to the total parking stalls available to the lots. In addition, as addressed when the Planned Development Agreement was executed, the Property has a cross - easement with Lifetime Fitness through which Applicant may use 67 additional stalls in Lifetime Fitness' parking lot. The number of existing and proposed stalls, plus the number of stalls available under the easement, totals more than the number of parking stalls required under the zoning ordinance. Street Frontage: Not all of the proposed lots will have the required minimum of 50 feet of frontage directly abutting a publicly dedicated street. The City may allow for dimensional deviations with respect to frontage on a public street in planned developments. The City may also permit landlocked parcels in commercial complexes to use private easements to satisfy the zoning requirement when sought to establish separate taxable parcels within the complex. (Ordinance 13.20, subd. 9(A) and 12(e).) The Property may be considered a part of a commercial complex and this subdivision application is for the purpose of redrawing lot lines in order to have four separate taxable parcels, which parcels include the existing land owned by the Association. In order to accommodate any issues with respect to any of the lots not having the required frontage, Applicant will draft and record easements to the satisfaction of the City. Surrounding Land Uses and Zoning Designations The surrounding land uses and zoning designations within 660 feet of the Property include: • Land Use Designations: Parks, open space and recreation, low density and medium density, and retail commercial. • Zoning Classifications: Planned development, residential townhome, and park. Vacation of Easements Certain drainage and utility easements were dedicated to the public in the SAFARI AT EAGAN 3RD ADDITION plat. Applicant is submitting a Petition to Vacate all of such easements with the application materials for obtaining a subdivision of the Property and will dedicate new easements to the public in the SAFARI AT EAGAN 4TH ADDITION plat. Applicant seeks to vacate and rededicate the easements in order to eliminate an encroachment (about one foot) on the easement on the West side of the Property, and to eliminate a portion of land included in the easement near the South line of the Property that is unnecessary as the hydrant originally planned for that space was installed further South. 440841.2 q q Agenda Information Memo May 21, 2013, Eagan City Council Meeting B. CONDITIONAL USE PERMIT AND VARIANCES — CATALLIA MEXICAN FOODS ACTIONS TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Conditional Use Permit (CUP) to allow outside storage of a liquid nitrogen tank for property located at 2965 Lone Oak Circle, subject to the conditions listed in the APC minutes. To approve the following Variances for the property located at 2965 Lone Oak Circle: • 16 foot Variance to the required 20 foot side yard setback; and • Variance of 40% to the 25% green space requirement; and • Variance to exceed the 35% maximum building coverage requirement to allow 36.5% building coverage. All approved Variances shall be subject to the conditions listed in the APC minutes. To approve the petition to vacate a public drainage and utility easement located on Lot 1, Block 1, Bob Martin Addition, and authorize the Mayor and City Clerk to execute all related documents. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ➢ The parcel is zoned Limited Industrial (I -1) and surrounded by I -1 properties. ➢ A 37,450 SF building was constructed and a CUP for a truck and freight terminal was approved in 1996. ➢ A private drive easement provides access to Lone Oak Circle. ➢ To improve production, a liquid nitrogen tank is proposed outdoors. The proposed location meets outdoor storage requirements save for the location which is technically a front yard. ➢ The applicant proposes an 800 SF addition to house up to three silos to be used to store liquid soybean shortening. Future expansion plans limit the location of this building addition. ➢ The building addition results in a 16 foot Variance to the required 20 foot side yard setback, a slight increase in building coverage from 34.5% to 36.5% and a reduction in green space from 16% to 15 %. There was no City Code requirement for green space at the time the site was developed. ➢ A public hearing was held by the Advisory Planning Commission (APC) on April 23, 2013. The APC recommended approval. ISSUES: ➢ The APC typically does not take action on Variances unless they are part of another request, such as in this situation. ➢ The Variances were recommended for approval on a split vote (4 -2) as the APC toiled with the "practical difficulty" language in the City Code. All members spoke in favor of the proposed improvements, however. ➢ An easement vacation is also necessary to allow the building addition. 60 -DAY AGENCY ACTION DEADLINE: July 18, 2013 ATTACHMENTS: (3) Location map, page '�)j_ Draft April 23, 2013, APC minutes, pages N5 through 10 k Planning report, pages through W Location Ma -p � + ®tr qtr - � �rtsat��rt�rr�etr�tt f Lone oak Rd Yankee Doodle. ,� 11–u ' -- Z NIIk RO = ?k?� O BLUE GE g A� } G� -_�„ DIHIe Rd le- 9�F i a� C1111 Rd _....gip ea TRUOT" WE yy Ha _ M • 9- a:I isacl w 8t Sa EirysD qMa ga vn ;a H 7 Vol 0 ft, s H' ' Lex�ngton•ParIS Al S IN OEM DO T � U � ss x Subject site 7 y t t- � - _ � am SYi q td q 21 W W: 02 CLULIVIEWOR L L O. - y ;i Eaz y�3 OLLO OAD S3 ,-mss gffl- El .5 aNA aff North Parkipirk Feet Project Name: Catallia Mexican Foods 0 500 1,000 2,000 Request: Conditional Use Permit Case No: 02- CU- 03 -03 -13 Legend Parcels Buildings `\ 4 Parks City of Eap , -r�- 16u0i city Boundary N q9 Advisory Planning Commission April 23, 2013 Page 7 of 13 C. Catallia Mexican Foods Applicant Name: Catallia Mexican Foods Location: 2965 Lone Oak Circle; Lot 1, Block 1, Bob Martin Addition Application: Conditional Use Permit A Conditional Use Permit to allow a liquid nitrogen tank. File Number: 02- CU- 03 -03 -13 Application: Variance A Variance of 16' to the required 20' side yard setback to allow r t Og addition, a Variance of 40% to the 25% green space requirement and a Variance to , ceed the 35% maximum building coverage requirement to allow 36% building coverage. File Number: 02- VA- 03 -03 -13 Planner Thomas introduced this item and highli ted h information prig nted in the City Staff report dated April 18, 2013. She noted the ba round and history.. Member Vanderpoel inquired about the liquid nit o en andsafety concerns. Harold Gooch, CFO Catallia Mexicarl. Foods discussed pansTon needs and improvements to the production equipment to reduce Waste and increase �a'Qductivity. He discussed the location of the liquid shortening tanks so as to not preclude a buildina�ddition that connect the two buildings, likely in 2016`} � l -k Ed Farr, Edward Farr rchitec f' discussed o.. term h 0 ortunities and logistics of such. He also discussed tiloutdoor�1; h enclosu and frees mg dumpster and how they would propose that to bef sought into c r pliance an <<he confirmed there would be no loss of existing trees.:..,. -.. Dennis Ott @n "Tar "i roces ineer;"dl'> s i```the need for the liquid nitrogen and explained that liquid en is combustrb:6. In response to a question about the liquid shorter tt�'g storage, he sA ther I be space for three 10,000 gallon tanks in the proposed enclosur& Though only t nks ar, - ;'reposed initially. He also stated the liquid nitrogen will be stored in a single 3,000 ga Ion tankY Planner Thomas s ed the FirIDepartment has reviewed the proposed development plan and will review the Buildici3,Permit as well. Member Dugan stated ectOpbrt for the proposal due to his physical observation of the site. He stated the property is well maintained and very well- screened from the street and adjacent properties. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Chair Heaney stated he is in favor of the Variances. Member Piper asked about the trash enclosure. City Planner Ridley stated his agreement with the Catallia interim approach in that it will improve the situation but limit the expense of a more 17 Advisory Planning Commission April 23, 2013 Page 8 of 13 permanent enclosure that would need to be demolished in the future. Member Supina stated his support for the temporary solution if a sunset provision could be added. City Attorney Bauer stated such a condition could be added. Member Dugan stated his support for the Variances and the temporary trash enclosure. Member Filipi stated opposition to all variances because he does of believe the request meets the test for considering a Variance. Member Piper also stated concern with the Code languagefi %' ding the standard for review used to consider granting Variances. He stated he believe the = uest meets some of the tests but not all. He went on to say that he is definiteltrt3suppo the proposal for the many reasons stated earlier, but that he would have to vo #'no`son the V ce requests. Chair Heaney stated he is in favor of all Member Dugan stated he understood the concerns proposal package represents a moreF,efficient us of t Member Supina moved, Member Piper {se tided a motiolf� Conditional Use Permit (CUP) to allow out b f t age of located at 2965 Lone 0.4� , ircle, subject 10 the I co 1. This Conditional�lJse Perm' rts =. all be reci�; ded at by the City COAT 2. This Condi Tonal Use'�F?kn t` 0911 replace Permits for "fhe property. f 3. Trash: receptacles shat' accordrng to City Code is to bek constructed T nitrogen tarkk4 for up to trash /recyclinforage . 4. Any rooftop equi J, ipi and Piper bI t that the mmend approval of a Vitrogen tank on property s as amended: unty within 60 days of approval ng and all former Conditional Use keptlAither inside the building or within an enclosure constructed idardsA vised Site Plan shall show the trash enclosure if one SN trash reptacle may be enclosed with screening similar to the =4 years from the date of City Council approval. Thereafter any f meet all City Code requirements. be screened per City Code requirements. 5. The applicant shall .&bmit a revised Site Plan that incorporates the two existing ash trees, clarifying no net loss of over -story plantings on the site. 6. The concrete swale shall be constructed with separation from the existing sanitary sewer manhole. 7. The property owner shall be responsible to repair the concrete swale in the event it is damaged during maintenance or repairs to the nearby utilities. 8. A Sign permit shall be obtained prior to installation of building signs. Advisory Planning Commission April 23, 2013 Page 9 of 13 9. A building permit shall be required prior to construction of the nitrogen tank and vaporizer, subject to building and fire code requirements. All voted in favor. Motion carried 6 -0. Member Supina moved, Member Vanderpoel seconded a motion to recommend approval of a 16 foot Variance to the required 20 foot side yard setback to allow a building addition upon property located at 2965 Lone Oak Circle, subject to the followingjcpnditions: 1. If within one year after approval, the variance shall not h ve been completed or utilized, it shall become null and void unless a petition for exte o x s been granted by the council. Such extension shall be requested in writing at I V 30 d ys, before expiration and shall state facts showing a good faith attempt to c�np , e or u ifte the use permitted in the variance. Ni 2. A building permit shall be required prior toga struction of the building 3. The building shall not exceed the size show�op the proposed Site Plan�r."eceived April 3, 2013. 4 4. The applicant shall apply for and - and utility easement around the b Permit. 5. The concrete swan shalt "%b%, manhole.f f 6. The property ownshall b damaged during main eance;, A vote was} taken � F- . Aye: Chair Heaney and Mmber ' �f� , Nay. S9 &tary Piper and Member Motion carried 4 -2. approval by theZty Council to vacate the drainage Idrx otprint and ^f ootings prior to receiving a Building �truct d ith s p Kr> �o� hm the existing sanitary sewer ponsible to repair kthe concrete swale in the event it is 3pairs to tl- nearbv utilities. n, SuVrna, and Vanderpoel Member Piper '65Z < ained that l voted against approval purely based on the City Code language to consi rebut that the use seems reasonable. He stated if the City Council is satisfied with the language, he § satisfied. Member Supina moved '.Nlember Vanderpoel seconded a motion to recommend approval of a Variance to allow a deviation of 40% to the current green space requirements by allowing 15% green space rather than the 25% minimum requirement upon property located at 2965 Lone Oak Circle, subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. �co Advisory Planning Commission April 23, 2013 Page 10 of 13 A vote was taken. Aye: Chair Heaney and Members Dugan, Supina, and Vanderpoel Nay: Secretary Piper and Member Filipi Motion carried 4 -2. Member Supina moved, Member Vanderpoel seconded a motion to recommend approval of a Variance to the building coverage requirement to allow 36.5 % building coverage from the 35% maximum requirement upon property located at 2965 Lone Oak Circle, subject to the following conditions: Al- If within one year after approval, the variance shall not ,0 ave been completed or utilized, it n�lo shall become null and void unless a petition for exten has been granted by the council. Such extension shall be requested in writing at I st 30 80' rs� before expiration and shall state facts showing a good faith attempt to compl;_y. a or ufilize the use permitted in the variance.: A vote was taken.~ Aye: Chair Heaney and Members Dugan, SuSj -` and Vanderpoel Nay: Secretary Piper and Member Filipi� Motion carried 4 -2. M PLANNING REPORT CITY OF EAGAN REPORT DATE: April 18, 2013 APPLICANT: Catallia Mexican Foods PROPERTY OWNER: Same REQUEST: Conditional Use Permit; Variance LOCATION: 2965 Lone Oak Circle CASE: 02- CU- 03- 03 -13; 02- VA- 03 -03 -13 HEARING DATE: April 23, 2013 APPLICATION DATE: March 20, 2013 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST Catallia Mexican Foods is requesting approval: • Conditional Use Permit to allow outdoor storage of a liquid nitrogen tank; and • 16 foot Variance to the required 20 foot side yard setback; and • Variance of 40% to the 25 % green space requirement; and • Variance to exceed the 35% maximum building coverage requirement to allow 36.5% building coverage. The above requests pertain to property located at 2965 Lone Oak Circle, legally described as Lot 1, Block 1, Bob Martin Addition. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 10,-) - Planning Report — Catallia Mexican Foods, CUP & Variance April 23, 2013 Page 2 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Variance: City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary generally to other properties shape, topography, or other control. circumstances apply to the pi in the same zone or vicinity, circumstances over which the 1 D 3 operty which do not apply and result from lot size or owner of property has no Planning Report — Catallia Mexican Foods, CUP & Variance April 23, 2013 Page 3 b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." BACKGROUND/HISTORY Catallia Mexican Foods is a locally owned business that manufactures premium tortillas for retail, food service and national accounts. According to the applicants narrative, "Catallia is a joint venture with Cargill Kitchen Solutions located in Monticello, MN ... we have approximately 125 employees. The plant runs 24 hours a day and operates between 6 and 7 days a week. We produce well over 2 million tortillas a day." The narrative further explains the success of the business and plans for expansion in the next three years. The property was platted in 1996 and a Conditional Use Permit (CUP) was simultaneously approved to allow a 37,423 sq. ft. truck and freight terminal. The building was constructed the same year. The staff report for the subdivision notes the developer proposed access to Lot 1 via a private drive easement across Lot 2. A condition of the subdivision approval required a private ingress /egress document to be recorded with the plat; this is noted on the existing conditions plan. 1dq Planning Report — Catallia Mexican Foods, CUP & Variance April 23, 2013 Pate 4 EXISTING CONDITIONS The site contains an existing 37,450 sq. ft. multi- tenant building on the west side of the site. Catallia occupies 28,000 sq. ft. (25,000 sq. ft. warehouse; 3,000 sq. ft. office) of the multi - tenant building. The majority of the site, other than the building, consists of loading and parking areas. The existing parking lot and storm drainage system were constructed with previous development of the building on the site. SURROUNDING USES The subject site is surrounded by I -1, Limited Industrial properties. EVALUATION OF REQUEST Compatibility with Surrounding Area — The surrounding area consists of industrial uses. The proposed use and building expansion appear generally compatible with the industrial area. Site Plan — The applicant is proposing a CUP for the installation of a liquid nitrogen tank, used to facilitate the tortilla manufacturing process. If approved, this CUP would replace and supersede the 1996 truck and freight terminal CUP. The Site Plan identifies the tank located on the east side of the building, in the loading dock area, between dock doors 1 and 2. According to the applicant's narrative, "Our request for a Variance is to allow us to construct an addition onto the south east corner of the 2965 building that will house two silos now, and a third future silo. These silos will be used to store liquid soybean shortening." The building expansion would encroach 16 feet into the 20 foot setback area, resulting in a side yard setback of 4 feet. Airport Noise Considerations — The use is compatible within Noise Exposure Zone 4. Bulk Standards Parking — No parking stalls are impacted by the proposed improvements to the site. Building Coverage — Proposed building coverage is 36.5 %. This is a 2 % increase over the existing conditions and exceeds the maximum allowed 35% in an I -1 zoning district. This increase is included as a Variance request. Green Space — The minimum 25% green space requirement for commercial and industrial properties was adopted in 2000, after the site was developed; the existing site conditions provide 16% green space (17,295 s.f. green space /108,750 s.f. lot size = 15.9 %). The 800 sq. ft. addition results in a slight decrease (15.16 %) in green space. This decrease is included as a Variance request. \05— Planning Report — Catallia Mexican Foods, CUP & Variance April 23, 2013 Pap-e 5 Setbacks — The City Code requires a front building setback of 40 feet from a right -of -way, a side yard setback of 20 feet and a rear yard setback of 20 feet. The proposed building addition does not meet the 20 foot side yard setback requirement, necessitating the Variance request. Trash Storage — Trash storage was not specifically addressed in the proposal; however, a site visit found a dumpster and trash cans located in the parking lot, adjacent to the building. All trash and recyclables containers should be stored inside the building, or within an enclosure consistent with the provisions in the City Code. Elevations /Architecture — According to the applicant's narrative, "the 800 sq. ft. addition will consist of integrally insulated ribbed precast concrete wall panels to match the existing panels used on the original building and field painted to match." Mechanical Equipment — The Site Plan does not identify roof -top equipment. City Code requires that all mechanical equipment be fully screened from views from off the property. If rooftop equipment exists and is not fully screened, then the equipment should be painted to meet City Code requirements. Si_gnage — The applicant's narrative states that an existing Catallia logo sign with a wall mounted light fixture will be relocated from the south face of the building and reinstalled onto the south face of the new addition. A Sign Permit is required prior to installation. Landscaping — The applicant does not propose additional landscaping or removal of existing landscaping (other than the 800 sq. ft. building addition). This was tied to a former thought and isn't needed. Utilities — The building is connected to City sewer and water services. A typical 10' drainage and utility easement is located along the southern property line. Water, sanitary sewer, and storm sewer are located within the easement further to the east; however, none are located in the proposed building addition area. A small drainage swale currently exists in the easement adjacent to the proposed addition. Private utility locations are not identified on the construction plans provided by the applicant. Wetlands — There are no wetlands on site, therefore, City Code § 11.67, wetland protection and management regulations, does not apply. Streets /Access /Circulation — Public street access to the site is currently from the driveway entrance onto Lone Oak Circle and will remain unchanged with this development. Drainage & Utility Easement — The proposed 16 ft x 50 ft building addition extends approximately 4 feet into the existing drainage and utility easement. The applicant proposes to construct a concrete swale to direct drainage to the east as it currently does with the existing grass swale. The proposed concrete swale is currently shown next to a sanitary sewer manhole. oco Planning Report — Catallia Mexican Foods, CUP & Variance April 23, 2013 Page 6 The swale should be constructed with some separation from the manhole. Any damage to the swale resulting from utility maintenance should be the responsibility of the property owner to repair. There are no current or proposed public utilities in the building addition area; however, private utilities are unknown. Private utilities will be notified of the proposed easement during the easement vacation process. Any private utility conflicts would be worked out between the utility and property owner. Building structures cannot be located on top of drainage and utility easements. The applicant should have the portion of the drainage and utility easement vacated prior to receiving a building permit for the proposed addition. Financial Obli ag tion — There are no pending assessments on the parcel at this time. CONDITIONAL USE PERMIT Outdoor Storage - In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city .... In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. This standard is satisfied. The nitrogen tank and vaporizer are proposed to be enclosed with a 6 foot tall chain link fence and a barbed wire barrier top. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. Given the location of the existing building, occupying the side and rear yards, the only reasonable location appears to be the front yard. c. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. This standard is satisfied. Since this property does not have public street frontage, the location is screened from the right -of -way by the building to the east. Additionally, the proposed screening consists of a 6 foot chain link fence, with white slats and barbed wire on top. d. The storage area shall not interfere with any pedestrian or vehicular movement. This standard is satisfied. The proposed storage area allows vehicular movement into and out of the site. e. The storage area shall not take up required parking spaces or landscaping areas. This standard is also satisfied. There is no parking in the location and the landscaped median will remain. 011 Planning Report — Catallia Mexican Foods, CUP & Variance April 23, 2013 Page 7 f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. This standard is satisfied. According to the applicant's narrative, "The nitrogen tank and accompanying vaporizer will be mounted onto a two part skid and installed onto a site cast concrete pad." VARIANCE The Zoning Ordinance states that relief may be granted from a required ordinance provision where practical difficulties result from carrying out the strict letter of the regulations of such Code provision, provided "the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties." The Zoning Ordinance states that relief may be granted provided exceptional circumstances apply to the property which do not apply generally to the properties in the same zone or vicinity and result from circumstances over which the owner of the property has no control. The property consists of an existing building constructed in the southwest corner of the site at the setback lines. Any addition would impact parking /loading areas, or require a Variance from the setback requirements. The Zoning Ordinance states relief may be granted provided the literal interpretation of the provisions would deprive the applicant property use commonly enjoyed by other properties in the same district. A warehouse /office building is present on the site. The surrounding area is developed with similar uses. Thus, a reasonable use presently exists on the site, and likewise, the proposed addition also appears reasonable in the context of the surrounding area. The requested Variance does appear to be the minimum required to alleviate the practical difficulties. The applicant is requesting relief from a required minimum setback to allow for a building addition. The building addition footprint is limited in its location due to setback requirements and the existing parking lot design. The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, but may be inconsistent with the intent of the Zoning Ordinance. That is, the purpose of the building setback provision is to prevent the overcrowding of properties, provide consistent sight -lines and to provide green space. Since the request is to reduce the yard requirement, it appears to be contrary to the intent of the ordinance. However, the Variance is requested to accommodate a new production method for this manufacturing operation. It does not appear that granting of the Variance would result in detrimental effects to the adjacent properties or the public. The impact to the site compared to the existing development appears to be minimal. Planning Report — Catallia Mexican Foods, CUP & Variance April 23, 2013 Page 8 APPLICANT'S PRACTICAL DIFFICULTIES The applicant's narrative states that the proposed expansion would allow for two silos which would be used to store liquid soybean shortening. Currently, they utilize cubes of shortening; however, the liquid form will provide cost savings, more precise mixing and formulation, significantly reduce waste and reduce physical labor for the production staff. SUMMARY /CONCLUSION Catallia Mexican Foods is requesting a Conditional Use Permit (CUP) to allow outdoor storage of a liquid nitrogen tank and a 16 foot Variance to the required 20 foot side yard setback to allow a building addition. The property consists of a multi - tenant warehouse /office building and received a CUP for a truck and freight terminal in 1996. The proposed outdoor storage satisfies five of the six outdoor storage criteria. The outdoor storage standards not met include the front yard location. Given the existing location of the building, the front yard remains the logical place for the outdoor storage and the existing building to the east provides screening from the right -of -way. City Policymakers should determine whether the location is appropriate. The proposed building addition requires a portion of the existing drainage and utility easement to be vacated. The site is unique in that the property does not abut public right -of -way, and the building is located in the corners of the side and rear yards, at the setback lines. Any building addition would be difficult to meet setback requirements. However, City Policymakers should determine if the proposed addition should warrant Variances from City Code requirements. The elevation plan indicates the proposed addition will be architecturally compatible with the existing structure and match the appearance of the building. The site presently does not conform to current City Code requirements for green space and building coverage will exceed requirements with the addition. The 800 sq. ft. addition will marginally increase those non - conformities by roughly 2 %, resulting in the need for two additional Variances. ACTIONS TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) to allow outdoor storage of a liquid nitrogen tank on property located at 2965 Lone Oak Circle. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. This Conditional Use Permit shall replace the existing and all former Conditional Use Permits for the property. �0C�A Planning Report — Catallia Mexican Foods, CUP & Variance April 23, 2013 Page 9 3. Trash receptacles shall be kept either inside the building or within an enclosure constructed according to City Code standards. A revised Site Plan shall show the trash enclosure if one is to be constructed. 4. Any rooftop equipment shall be screened per City Code requirements. 5. The applicant shall submit a revised Site Plan that incorporates the two existing ash trees, clarifying no net loss of overstory plantings on the site. 6. The concrete swale shall be constructed with separation from the existing sanitary sewer manhole. 7. The property owner shall be responsible to repair the concrete swale in the event it is damaged during maintenance or repairs to the nearby utilities. 8. A Sign permit shall be obtained prior to installation of building signs. 9. A building permit shall be required prior to construction of the nitrogen tank and vaporizer, subject to building and fire code requirements. To recommend approval of a 16 foot Variance to the required 20 foot side yard setback to allow a building addition upon property located at 2965 Lone Oak Circle. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A building permit shall be required prior to construction of the building. 3. The building shall not exceed the size shown on the proposed Site Plan received April 3, 2013. 4. The applicant shall apply for and obtain approval by the City Council to vacate the drainage and utility easement around the building footprint and footings prior to receiving a Building Permit. 5. The concrete swale shall be constructed with separation from the existing sanitary sewer manhole. 6. The property owner shall be responsible to repair the concrete swale in the event it is damaged during maintenance or repairs to the nearby utilities. J1) Planning Report — Catallia Mexican Foods, CUP & Variance April 23, 2013 Page 10 To recommend approval of a Variance to allow a deviation of 40% to the current green space requirements by allowing 15% green space rather than the 25% minimum requirement upon property located at 2965 Lone Oak Circle. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council, Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. To recommend approval of a Variance to the building coverage requirement to allow 36.5% building coverage from the 35% maximum requirement upon property located at 2965 Lone Oak Circle. If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. M Location Map fth Project Name: Catallia Mexican Foods Request: Conditional Use Permit Case No: 02-CU-03-03-13 * City of Eagan 25 It. 4 IVIA a Subject Site ................... fie IVIA Ilk ®R APIOLff.—I 01,44 '4 — N7, HNI X EMU IN �Ig S.- North ParktP,ark Feet 0 500 1,000 2,000 Legend Parcels Buildings Parks Z\ J=11M 16mi! City Boundary N City of Eap Current Zoning and Land Use Map Application: Catallia Mexican Foods Type: Conditional Use Permit; Variance Case No.: 02- CU- 03- 03 -13; 02- VA- 03 -03 -13 Zoning 1 -1 Limited Industrial Land Use Plan IND Limited Industrial /\ N 0 300 600 1,200 moo+ BP 0 r J 1 M i P O -1, Z �- ° I i — I -1 0 i T Subject Site Q C.S.A.H. NO.26 (LONE OAK RD.) i p l�IR .�v I� � �I .:r{ - - .'� P �r� ag �?;� �i •� 'rat i''f� AERIAL k WIN t.'i: -S gT ��3r C r y -,�. : F �} � > �� ; -� � *�� ->�F' + { � F�aa.i.p 3" -�se4 x �'�"i r yS {• do ei Plu _ { 4- a ig a t� i Y `k Z d,-} { 5. �._ ,� f _ �E"".i"' `! ,��-�• � �* �`E��. ,:-� � cif � � g., V° � i r p 511 ,f jam, i rt j {fj "<s i {{ F i� 1 S _ � � v � � � 1 _• Y„r � t o EXISTING CONDITIONS - - - - - - ------------- . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . < 77MI F11 Oil II LONE OAK CIRCLE L-2 MIJ U-4-1 > C) IN > > u -Am Was: x WD 1 i /f SITE PLAN b I , I � I m Br e -o z I I I , c 4a I I s Z � a I � I I , Y � I � I I I , g�K I I 9 LONG QJf C'AC- D A z � o rm z m Dr lar fJ m V) _z z z Z & 47 o °9w y 11(0 J 2 -_+ \�} ELEVATIONS _ ! •l / .. R � $ § < � \ \ � � 9 /%• ;.x - F /9A© o ¥e . 48 9 \§ |/ §g ( \) rr / )! )� \ \§ rr rr «I f - § / ° ) w ( ) (\ p i ., \jq d NARRATIVE Catallia Mexican Foods Addition 2965 Lone Oak Circle Eagan, MN 55121 PID # 10- 146600 -01 -010 Project Narrative March 20, 2013 Variance application for an addition within a setback, and Conditional Use Permit application for a nitrogen tank placement outside of the building. Applicant: AMEC 800 Marquette Ave., Suite 1200 Minneapolis, MN 55402 Brad Crooks (612) 252 -3629 Architect: Edward Farr Architects 7710 Golden Triangle Dr. Eden Prairie, MN 55344 Ed Farr (952) 943 -9660 Owner: Catallia Mexican Foods 2965 Lone Oak Circle Eagan, MN 55121 W2� auz o e dvw a3AI3038 Project Summary Catallia Mexican Foods is located at 2965 Lone Oak Circle. We are a manufacturer of premium tortillas for retail, food service, and national accounts. Catallia is a joint venture with Cargill Kitchen Solutions located in Monticello, MN. Cathy Cruz Gooch is president and majority shareholder in the company. Catallia purchased 2965 Lone Oak Circle in December of 2005, and began production April 6, 2006. We have approximately 125 employees. The plant runs 24 hours a day and operates between 6 and 7 days a week. We produce well over 2 million tortillas a day. Catallia's steady growth over the past few years, has allowed us to acquire space in 2975 Lone Oak Circle. We have 25,000 sq ft of warehouse and 3,000 sq ft of office. It is a multi- tenant building with other non- related companies occupying office space. Catallia plans to execute our purchase option when it comes up in 2016. In 2014, we plan to begin manufacturing in the 2975 building. Catallia's future plans include adding a connector between the two buildings in 2016. At that time, we would combine the two plots into one lot. The connector will allow us to re- locate our shipping docks, create additional production area, and add new refrigerated storage. The additional space and manufacturing would take our employee numbers to over 200. We will need a variance as we would exceed maximum building coverage on the two lots. Catallia has a diverse work force. We have made it a practice to promote from within. Our starting pay is $10.50 an hour, with most of our plant labor at $15 or above. We provide company paid health and dental insurance, short and long term disability and life insurance along with company matched 401k contribution. Today at Catallia we have many people that started with us in 2006. Our request for a Variance is to allow us to construct an addition onto the south east corner of the 2965 building that will house two silos now, and a third future silo. These silos will be used to store liquid soybean shortening. In our current process, we utilize cubes of shortening. The product comes in corrugated boxes with plastic bag liners. The new shortening system will provide cost savings, more precise mixing and formulation, significantly reduce waste and reduce physical labor for our production staff. We are also requesting a Conditional Use Permit to install a liquid nitrogen tank. To facilitate the movement of the liquid shortening we will need to add the nitrogen system to push the shortening through the pipes. Nitrogen is an inert gas, and also protects the shortening from rancidity during storage. The nitrogen system requires an outside storage tank. The plans show this tank located in the loading dock area on the east side of the 2965 building between dock doors 1 and 2. The addition to the 2965 building will be 16' x 50' and extend 16' -0" into the 20' building setback along the south side of the property. This will add 800 SF to the existing 37,511 SF building. It will be constructed using integrally insulated ribbed precast concrete wall panels to match the existing panels used on the original building and field painted to match. The height of the tanks will require the addition to extend 9' -0" higher than the current building. Site drainage from the west and south sides of the building which occurs via a swale in the grading on the south side of the building will be maintained by the installation of a cast in place concrete swale between the new addition and the south property line. This swale will maintain its outlet onto the paved dock area where the water is then directed to existing catch basins in the southeast corner of the property. A portion of the existing drainage and utility easement will need to be vacated along the south property line to accommodate the new addition. RECEIVED MAR 2 11 201 ��0� Additionally a Catallia logo sign with a wall mounted light fixture which is currently installed on the south face of the building at this corner will be reinstalled onto the south face of the addition. It should also be noted that the floor of the addition will be 4' lower than the existing building floor to create a spill containment pool should either of the tanks fail. The nitrogen tank and accompanying vaporizer will be mounted onto a two part skid and installed onto a site cast concrete pad. This skid will be 15' -0" W x 23' -6" long and installed approximately 10' -0" from the building on the east side of the building within the loading dock court. The equipment will be enclosed within a chain link fence for security and be surrounded by steel pipe bollards to protect the equipment from vehicular damage. The fencing will also incorporate screening inserts to visually enclose the valves and other components in order to provide a clean and orderly appearance. Catallia Mexican Foods looks forward to growing our business and our workforce by virtue of this small addition to our facility which will help secure and strengthen our commitment to the City of Eagan. RECEIVED MAR 7- () 2013 WE AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MAY 21, 2013 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes D. OLD BUSINESS E. NEW BUSINESS 1. AUTHORIZE Preparation of Final Plat for Cedar Grove East End Parcel F. OTHER BUSINESS G. ADJOURN � D, Agenda Information Memo Eagan Economic Development Authority Meeting May 21, 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 May 7, 2013 EDA meeting are enclosed on pages --LZ- through 1)4-. I DDL MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota May 7, 2013 A meeting of the Eagan Economic Development Authority was held on Tuesday, May 7, 2013 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ODER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: ,5 Nay: 0 1. It is recommended to approve the minutes of April 2, 2013 EDA meeting as presented. 2. It is recommended to approve a Resolution to Pledge Tax Increment Revenues from the Cedar Grove Redevelopment District for the Repayment of City of Eagan TIF Bonds to be issued for the District. There was no Old Business. OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT — JENSENS PROPERTY EXPANSION CONCEPT PLAN Community Development Director Hohenstein introduced the item noting one of the conclusions of the original Cedar /13 Task Force Study was that certain destination uses, such as Jensens Supper Club, be a part of the long term redevelopment plan for the area. Since that time, a number of redevelopment concepts have been considered that would incorporate the restaurant and identify a long term solution for the parking demand created by this use. A limiting factor in those plans was the location of the restaurant's main entrance. The current redevelopment plan, anchored by the development of the Paragon Outlet Center, requires the realignment of the street network, including Rahn Road and its intersection with Cedar Grove Boulevard. Hohenstein noted this realignment requires the demolition of the credit union building, leaving the remnant parcel available for another use. Doron Jensen, Jensen & Jensen Properties LLC, gave an overview of the request and was available for questions. � a�) The Council discussed the concept plan. Commissioner Bakken asked for more information about whether the exterior would be upgraded, because of the importance of curb appeal for the property at this location. Jensen responded that the focus of the project was on the parking lot upgrade, landscaping and interior remodel, but that some exterior improvements would be included in the project including outdoor seating and a better refuse and recycling enclosure. President Maguire noted that close compliance with the Cedar Grove zoning district standards are most important with new construction and that the City can be more practical about upgrades of existing properties. Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Jensens Preliminary Redevelopment Concept Plan dated May 1, 2013 for the assembly and redevelopment of property in the core area of the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 Commissioner Bakken moved, Commissioner Fields seconded a motion to direct the preparation of a preliminary real estate purchase agreement between the Eagan EDA and Jensen & Jensen Properties LLC for the area defined by the Preliminary Concept Plan to be considered at a future EDA meeting. Aye: 5 Nay: 0 There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Tilley seconded a motion to adjourn the meeting. Aye:5 Nay:O Date Dave Osberg, Executive Director Agenda Memo Eagan Economic Development Authority Meeting New Business May 21, 2013 1. CEDAR GROVE REDEVELOPMENT DISTRICT — AUTHORIZATION TO PLAT EAST END PARCEL ACTION TO BE CONSIDERED: To authorize staff to proceed with the application for Final Plat for the EDA owned parcel at the intersection of Cedar Grove Parkway and Cedar Grove Boulevard. FACTS: • As a part of the Subdivision of property for the Paragon Outlets development at the Cedar Grove Redevelopment District, a number of outlots were created for future development. This will facilitate discussions with prospective buyers and developers of those parcels because the platting activity for them has been partially completed. • The platting activity around the Paragon property did not extend to the EDA owned parcel at the east end of the Redevelopment's core area at the intersection of Cedar Grove Parkway and Cedar Grove Boulevard. • In order to facilitate discussions with prospective purchasers of the site, it would be beneficial for the EDA to proceed its platting, as well as any related easement vacations, at this time. • Staff is requesting authorization to proceed with this work for this parcel at this time. ATTACHMENTS: • Location map on page `D E ON �� 1 E f :rte 4 :. Y C th 71 i 2 � � a � b �� > f i; r ;� Ott ♦ +a` N 1 as { l - -- ,��;'.'��__�e��-... n 74, �. �• Mixed UseEmployment �G� i t< e, 4 ark .tT ir Ot � r-P -X f i a## r � g a d p i xv ° . " outlet A 4.04 acr f% Parkway Triangle' _, Trar)Slf�j 4.4,acres Statto� °4" C11- is 3 a � r l7ts<tf fit, 14 i tt � -as ti r .� or # _ 7a RE p q/ fi 3 ssT L 3 a 9 -A + r� East End . ;y acres -!i� � 1 to , .2.74 acre Legend Cedar Grove Redevelopment Area 800 400 0 Fee TIF Area Site Plan -2013 dp TIF Area Boudnary '� = Future (core) Development Area N Agenda Information Memo Eagan Economic Development Authority Meeting May 21, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. I -C�q