09/03/2013 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
SEPTEMBER 3, 2013
6:30 P.M.
I. ROLL CALL AND PLEDGE OF ALLEGIANCE
3 II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
A. PRESENTATION to the City of Eagan from the Epidemiology Research Group for support and
participation in the Cancer Prevention Study -3
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made
for an item to be pulled for discussion)
S A. APPROVE MINUTES
G B. PERSONNEL ITEMS
15 C. APPROVE Check Registers
-L-D. APPROVE the Police Liaison Services Agreement between the City of Eagan and Independent
School District (ISD) #196
E. APPROVE an amendment to the Joint Powers Agreement for ICAC, a multi agency task force
that combats internet crimes where children are victims, with the State of Minnesota, Bureau of
II Criminal Apprehension
F. APPROVE transfer of funds to the Aquatic Facility (Cascade Bay) Fund and Civic Arena Fund
for Capital Renewal and Replacement, and alter the internal loan from the Public Utilities Fund to
the Civic Arena Fund from interest - bearing to non - interest - bearing
a5 G. APPROVE Establishment of Eagan Wetland Bank at Wandering Walk Park
a(o H. RECEIVE Final Assessment Report for Project No. 1107 - Park Center Drive - Street
Improvements and Schedule Public Hearing for October 1, 2013
c� I. RECEIVE Final Assessment Report for Project No. 1110 - Wilderness Run 2 "d - 4'h - Street
Improvements and Schedule Public Hearing for October 1, 2013
OF) J. RECEIVE Final Assessment Report for Project No. 1117 -Manor Lake/ Lakeview Trail- Street
Improvements and Schedule Public Hearing for October 1, 2013
and RECEIVE Final Assessment Report for Project No. 1098 - Wexford and Wexford 2 Additions -
Street Improvements and Schedule Public Hearing for October 1, 2013
- L. RECEIVE Final Assessment Report for Project No. 1065 - Lexington Way - Street
Improvements and Schedule Public Hearing for October 1, 2013
M. RECEIVE Final Assessment Report for Project No. 1029 - South Oaks - Street Improvements
and Schedule Public Hearing for October 1, 2013
3D N. APPROVE City Contract 13 -21, Blackhawk Lake Alum Treatment
O. APPROVE Change Order No. 1, City Contract No. 13 -12, Cedar Grove Parkway Trail & Lighting
11 II Improvements
3-i P. APPROVE a resolution to accept a donation of $3000 from the Eagan Fire Auxiliary for the Fire
Department and authorize the necessary budget adjustments
�JCO Q. APPROVE Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on September
20, 2013 at 3355 Columbia Drive
39 R. APPROVE Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on February 1,
2014 at 3355 Columbia Drive
110 S. APPROVE Temporary On -Sale Liquor License and Waive the license fee for Faithful Shepherd
Catholic School on February 1, 2014 at 3355 Columbia Drive
qT. APPROVE Temporary On -Sale Liquor License and Waive the license fee for People of Praise,
MN, Inc. on September 14, 2013 at 601 River Ridge Parkway
Ll5 U. APPROVE On -Sale Beer, Wine and Sunday Wine License for Cupcake, Inc. DBA Cupcake,
1565 Cliff Road Suite 1
CVO V. APPROVE additional house plans for Stonehaven development
rE W. APPROVE an Extension for Lemay Lake Family Townhomes
-Et-X. DIRECT Research and Preparation of an Ordinance Amendment regarding the Standards for
Brew Pubs and Tap Rooms
V.
VI.
M
W
IX.
X.
XI.
XII.
XIII.
Y. AUTHORIZE Expansion of Building Inspections Service Contract with Inspectron for August 6
Storm Damage Repairs
(Qo� Z. APPROVE a Resolution to accept an in -kind donation of discounted advertising for specific 2013
1' Parks & Recreation events from Sun ThisWeek newspapers
AA.APPROVE an agreement with American Specialty Health Fitness, Inc. to offer the Silver & Fit
program at the Eagan Community Center
BB. APPROVE the 2014 Parks & Recreation Capital Improvements Program
(0) CC.APPROVE the 2013 -14 Advisory Parks Commission Work Plan and Goals
(oq_DD.APPROVE the 2013 -14 Energy and Environment Advisory Commission Work Plan and Goals
PUBLIC HEARINGS
A. VACATE Public Drainage & Utility Easements, Lot 1, Block 1 Parkview Golf Club
.B. Item removed
OLD BUSINESS
NEW BUSINESS
2�_A. REZONING and PRELIMINARY PLANNED DEVELOPMENT— The Flats at Cedar Grove /
Stonebridge / Cedar Grove 3rd Addition - A Rezoning from CGD, Cedar Grove District to PD,
Planned Development and A Preliminary Planned Development to allow a four -story multi - family
residential building with approximately 11,000 s.f. of commercial /retail space located at 3830 Sibley
Memorial Hwy
IDLO B. PLANNED DEVELOPMENT AMENDMENT- Associated Healthcare Credit Union - A Planned
l Development Amendment to allow a drive through for a bank 1460 Yankee Doodle Road
C. VARIANCE and CONDITIONAL USE PERMIT — Verizon Wireless - A Variance to allow a monopole
in the side yard and a Conditional Use Permit to allow a 109' monopole located at 2922 West
Service Road
D. CERTIFICATION of the preliminary 2014 budget and property tax levy, and setting of public
meeting date on which the budget and levy will be discussed
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
ECONOMIC DEVELOPMENT AUTHORITY
A. CALL TO ORDER
t' In B. ADOPT AGENDA
l`l C. CONSENT AGENDA
1. APPROVE EDA Minutes
2. APPROVE First Amendment to Sale and Purchase Agreement for EDA and Jensens
regarding Closing Date for Former Credit Union Property
D. OLD BUSINESS
E. NEW BUSINESS
F. OTHER BUSINESS
G. ADJOURN
ADMINISTRATIVE AGENDA
A. City Attorney
B. City Council Comments
C. City Administrator
D. Director of Public Works
E. Director of Community Development
VISITORS TO BE HEARD (for those persons not on the agenda)
CLOSED SESSION
ADJOURNMENT
411� City of Eagan ma
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR OSBERG
DATE: AUGUST 30, 2013
SUBJECT: AGENDA INFORMATION FOR SEPTEMBER 3, 2013 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the September 3, 2013 City Council agenda, the following items are in
order for consideration.
5
Agenda Memo
September 3, 2013 City Council Meeting
RECOGNITIONS AND PRESENTATIONS
A. PRESENTATION to the City of Eagan from the Epidemiology Research Group for
support and participation in the Cancer Prevention Study -3
ACTION TO BE CONSIDERED:
Accept a plaque presented to the City of Eagan from the Epidemiology Research Group for
support and participation in the Cancer Prevention Study -3 project.
FACTS:
• The American Cancer Society (ACS) has been working on one of its largest research
projects.
The ACS has been enrolling men and women between the ages of 30 -65 who have no
personal history of cancer to participate in the Cancer Prevention Study -3 (CPS -3). The
goal is to enroll at least 300,000 adults from various racial /ethnic backgrounds from
across the U.S. to better understand the lifestyle, behavioral, environmental and genetic
factors that cause or prevent cancer.
• Participants will be involved in a long -term study over 20 years to monitor several key
factors to attempt to define determining factors that might cause or prevent cancer.
• As part of its 10 year birthday celebration, the Eagan Community Center has incorporated
"giving back to the community" events each month and chose to be a host location for the
CPS -3 study in June.
• The event was promoted to the community in several ways including the ECC's
promotion through internal newsletters and e- blasts to fitness members, information
through the City's website and Discover brochure.
• The ECC's participation also included recruiting volunteers to help before and during the
enrollment and training staff to be able to answer questions related to this event. Eagan
was successful in enrolling over 100 participants for this project.
• Todd Peterson, Senior Director of Community Engagement for the American Cancer
Society, Inc. will be present to present a plaque to the City Council in appreciation of the
City of Eagan's participation and partnership with the CPS -3 project.
ATTACHMENTS:
None
4
Agenda Information Memo
September 3, 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 August 13, 2013, Special City Council meeting as presented or
modified.
To approve the minutes of August 20, 2013, City Council meeting as presented or modified.
ATTACHMENTS:
Minutes of August 13, 2013, Special City Council meeting are enclosed on pages
through 6 .
Minutes of August 20, 2013, City Council meeting are enclosed on pages 9 through
Gl .
MINUTES
SPECIAL CITY COUNCIL MEETING
AUGUST 13, 2013
5:30 P.M.
EAGAN MUNICIPAL CENTER
City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley.
City staff present: City Administrator Osberg, Communications Director Garrison, Finance Director
Pepper, Finance Intern Zuke, Parks and Recreation Director Johnson, Superintendent of Parks Olson,
Public Works Director Matthys, Community Development Director Hohenstein, Police Chief McDonald
and Fire Chief Scott.
I. ROLL CALL AND ADOPTION OF THE AGENDA
Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt the agenda as
presented. Aye: 4 Nay: 0 (Councilmember Tilley was not present)
11. VISITORS TO BE HEARD
There were no visitors to be heard.
III. UPDATE FROM THE EAGAN ATHLETIC ASSOCIATION
Director of Parks and Recreation Johnson introduced the item noting the Eagan Athletic Association
(EAA) has been a long -time partner with the City for the provision of youth sports for Eagan residents.
Ken LaChance, EAA President, and Jim Howe, EAA President Elect provided an overview of the non - profit
organization. The Council commended the Eagan Athletic Association for the quality and
professionalism of the organization.
IV. JOINT MEETING WITH THE ADVISORY PARKS AND RECREATION COMMISSION (APrC)
• 2013 -2014 APrC Work Plan
Mayor Maguire welcomed the Advisory Parks and Recreation Commission (APrC) members to the
meeting. Director of Parks and Recreation Johnson introduced the item and gave a brief summary of
the Commission's purpose and introduced Chair, Mike Palmer. Each of the Commissioners introduced
themselves to the City Council. Chair Palmer gave an overview of the proposed work plan and goals for
2013 -14. The Council and the members of the APrC discussed the work plan and goals adopted at the
July 15, 2013 APrC meeting.
The Council discussed the Art Vision process. Councilmember Bakken suggested when the APrC is
preparing the comments and recommendations to gear those comments to the intended audience for
better understanding of public art.
The City Council gave direction to add the 2013 -2014 Advisory Parks Commission Work Plan and Goals
to a future consent agenda for formal consideration.
• 2014 -2018 Parks Capital Improvement Program
N
Special City Council Minutes
August 13, 2013
Page 2
Director of Parks and Recreation Johnson introduced the 2014 -2018 Capital Improvement Plan for Parks
and Recreation noting the funding for the CIP has historically come from the Park Site Fund, and
beginning with the 2012 budget, the City Council designated a $400,000 tax levy allocation to the Park
Systems Development and Renewal and Replacement Fund. Johnson introduced Superintendent Olson
who provided a presentation of the specific CIP projects proposed for 2014. The Council discussed the
CIP projects. Mayor Maguire thanked the Advisory Parks and Recreation Commission members.
The City Council gave direction to add the 2014 Parks and Recreation Capital Improvements Program to
a future consent agenda for formal consideration.
V. UPDATE FROM THE GREEN RIBBON INITIATIVES LEADERSHIP TEAM
City Administrator Osberg introduced Jim Borgschatz, a retired pastor of Easter Lutheran Church. Mr.
Borgschatz gave an overview of the Green Ribbon Initiatives Leadership Team noting their purpose is to
identify and celebrate significant Eagan Community Engagement initiatives and partnerships.
VI. 2013 GENERAL FUND BUDGET AND TAX LEVY
City Administrator Osberg introduced the item noting Council will be reviewing the preliminary 2014
General Fund operating budget, the proposed property tax levy and public policy questions. Any
modifications to the proposed levy and budget will be presented to the Council at the September 3,
2013 regular City Council meeting.
Osberg noted the City Council is required to certify a proposed payable 2014 Property Tax Levy to the
County Treasurer- Auditor on or before September 16, 2013. Formal action on the levy and the
preliminary 2014 General Fund Budget are scheduled for the regular City Council meeting on September
3. The final levy certification and budget action is scheduled for the December 17, 2013 regular City
Council meeting. Osberg added the final Property Tax Levy that is due at the County no later than
December 27, 2013 can be decreased but cannot be increased from the preliminary certification.
Finance Director Pepper provided additional background pertaining to the general fund balance, market
value, total tax capacity and local tax capacity trends.
Osberg added the proposed General Fund Budget reflects an increase of 3.7 percent over the 2013
budget. Osberg provided an overview of the proposed General Fund Budget as it relates to specific
departments and operations, and also summarized the public policy issues for the City Council's
consideration.
The City Council discussed the proposed 2014 budget and the proposed payable 2014 Property Tax Levy.
There was Council consensus that the budget level at a 3.7 percent increase was appropriate. The
Council would like to see flexibility and options for the tax levy, to be presented at the September 3rd
regular City Council meeting.
There was Council consensus that the proposed department budget items were appropriate.
There was Council consensus to not hold a budget open house. The Council liked the idea of a virtual
open house.
11
Special City Council Minutes
August 13, 2013
Page 3
There was no other business to be heard.
VII. OTHER BUSINESS
VIII. ADJOURNMENT
Councilmember Bakken moved, Councilmember Tilley seconded a motion to adjourn at 8:20 p.m.
Aye:5 Nay:O
Date
Mayor
City Clerk
no
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
AUGUST 20, 2013
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were
Councilmembers Bakken, Fields and Hansen. Councilmember Tilley was absent.
A regular meeting of the Eagan City Council was held on Tuesday, August 20, 2013 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen. Also
present were City Administrator Osberg, Director of Community Development Hohenstein, Director of
Public Works Matthys, Director of Parks and Recreation Johnson, Director of Communications Garrison,
Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson.
AGENDA
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the agenda as
presented. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
There were no recognitions or presentations.
CONSENT AGENDA
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent
Agenda as presented: Aye: 4 Nay: 0
A. It was recommended to approve the amended minutes of August 5, 2013.
B. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It was recommended to approve check registers dated August 2 and 9, 2013.
D. It was recommended to approve a resolution to accept a donation of $200 from Alerus
Financial for the Fire Department and authorize the necessary budget adjustment.
E. It was recommended to authorize staff to apply for a SAFER grant for weekday firefighters.
F. It was recommended to approve a resolution to accept a donation of Halloween related
items from 360 Communities for use during Parks & Recreation Halloween events.
G. It was recommended to approve Master Services Agreement to change service providers for
all analog phone lines to Integra Telecom.
H. It was recommended to adopt a resolution accepting a donation from the United States
Police K -9 Association.
I. It was recommended to approve a temporary On -Sale Liquor License and waive the license
fee for Faithful Shepherd Catholic School's Septemberfest on September 20 and 21, 2013.
J. It was recommended to approve an Exempt Permit for Caring Souls to hold a raffle on
November 26, 2013 at 2956 Center Court.
K. It was recommended to approve a Cost Share Agreement with Dakota County for election
hardware, software and related services.
L. It was recommended to award City Contract No. 13 -05 (Cedar Grove Parking Garage —
Construction).
M. It was recommended to award City Contract No. 13 -06 (Citywide Parking Lot Improvements)
AN
City Council Meeting Minutes
August 20, 2013
2 page
N. It was recommended to approve a Consultant Agreement with Multivista for Project
No.1126 (Cedar Grove Parking Garage — Inspection).
0. It was recommended to receive a Final Assessment Report for Project No. 1102 — Weston
Hills/ Weston Hills 2nd — Street Improvements and Schedule Public Hearing for September
17, 2013.
P. It was recommended to receive a Final Assessment Report for Project No. 1103 — Lexington
Pointe 8th -10th — Street Improvements and Schedule Public Hearing for September 17, 2013.
Q. It was recommended to receive a Final Assessment Report for Project No. 1104 — Oak Ridge
Family Housing (Clemson Drive) — Street Improvements and Schedule Public Hearing for
September 17, 2013.
R. It was recommended to receive a Final Assessment Report for Project No. 1112 — Wenzel ft/
Deerwood Ponds- Street Improvements and Schedule Public Hearing for September 17,
2013.
S. It was recommended to receive a Final Assessment Report for Project No. 1113 - Norvin
Oaks- Street Improvements and Schedule Public Hearing for September 17, 2013.
T. Item removed
U. It was recommended to approve a Sound Amplification Permit for an outdoor event for
Maggie Mell and John Schonberg on September 6, 2013.
V. It was recommended to approve an On -Sale Liquor License and Sunday Liquor for Erika
Aranda doing business as Fiesta Cancun Mexican Grill and Bar, 4250 Lexington Avenue South
Suite 111.
PUBLIC HEARINGS
CEDAR GROVE REDEVELOPMENT AREA (EAST END) EASEMENT VACATIONS
City Administrator Osberg introduced the item noting the Council is being asked to consider the
vacation of public easements in the Cedar Grove Redevelopment Area. The proposed plat is
scheduled for the Council's consideration on September 17, 2013. Osberg noted since the property
is under City control, the easements can be vacated prior to the final plat with replacement
easements. Director of Public Works Matthys gave a staff report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Hansen moved, Councilmember Fields seconded a motion to approve the vacation of
public easements located on a portion of the northeast % of Section 19, Township 17, Range 23, Dakota
County (Cedar Grove Redevelopment Area). Aye: 4 Nay: 0
CEDAR GROVE REDEVELOPMENT AREA (EAST END) RIGHT -OF -WAY VACATION
City Administrator Osberg introduced the item noting the Council is being asked to consider the
vacation of public right -of -way, Cedar Grove Boulevard, located on a portion of the northeast
section of the Cedar Grove Redevelopment Area. Director of Public Works Matthys gave a staff
report.
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
�0
City Council Meeting Minutes
August 20, 2013
3 page
Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the vacation of
public right -of -way (Cedar Grove Boulevard) located on a portion of the northeast % of Section 19,
Township 17, Range 23, Dakota County (Cedar Grove Redevelopment Area). Aye: 4 Nay: 0
OLD BUSINESS
There was no old business to be heard.
NEW BUSINESS
There was no new business to be heard.
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
There were no administrative agenda items to be heard.
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at
6:37 p.m. Aye: 4 Nay: 0
Date
Mayor
City Clerk
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1.
ACTION TO BE CONSIDERED:
Accept the resignation of Saundra Buenning, Police Clerical Technician IV, effective September
10, 2013, and authorize her replacement.
Item 2.
ACTION TO BE CONSIDERED:
Approve the hiring of Seasonal Employees in Parks & Recreation:
Name Division Job Title
Williams, Geroge Cascade Bay Lifeguard
Griggs, Suzanne
Leddy, Michael
Kurth, David
Wilson, Sidney
Community Center Fitness Instructor
Community Center
Guest Services Representative
Community Center
PT Overnight Custodian
Community Center
PT Overnight Custodian
tia
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated August 16 and August 23, 2013 as presented.
ATTACHMENTS:
Check register dated August 16, 2013 are enclosed without page number
Check register dated August 23, 2013 are enclosed without page number
V,6
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
CONSENT AGENDA:
D. Approve the Police Liaison Services Agreement between the City of Eagan and
Independent School District (ISD) #196
ACTION TO BE CONSIDERED:
Approve the agreement between the City of Eagan and ISD #196.
FACTS:
• The City of Eagan and ISD #196 have partnered to establish a school resource officer
program in three schools.
• The School District wishes to continue this relationship, and agrees to pay the city
$77,119.06 for Eagan Police Officers to continue working in the schools for the 2013-
2014 school year.
• The School District increased funding for liaison services by one percent from the 2013-
2014 calendar year.
Attachments:
Police Liaison Services Agreement on pages I S- V1
`C
POLICE LIAISON SERVICES AGREEMENT:
SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN
THIS AGREEMENT is made and entered into this day of . 2013 by and
between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School
District ") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City ").
RECITALS
WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes §126C.44;
and
WHEREAS, for purposes of this Agreement, the School District's participating secondary
schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills
Middle School and Eagan High School.
NOW THEREFORE, the parties hereto agree as follows:
1. The City agrees to provide a state certified police officer to perform an average of 20
hours per week police liaison services to each of the School District's secondary schools for the
purpose of assisting in the establishment and trained coordination of a cooperative community
approach among the School District's schools, students, parents, police and other community
resources to address the needs of the students and community members. The City's police liaison
services shall include, but not limited to:
a. Prevention of delinquency;
b. Protection of life and property; and
C. Law enforcement.
2. The School District shall pay the City the amount of $77,119.06 for the City's police
liaison services to the School District.
3. The parties agree and acknowledge that the police officers who are assigned to
provide police liaison services in the schools are, and will continue to be, members and employees
of the City and its police department. The police officers shall not become an agent or employee of
the School District by virtue of this Agreement and shall not make any representations to the
contrary. The officers shall operate under the direct administration and supervision of the police
department but will work in cooperation with school administrators to further mutually agreed
goals involving the police department, schools and students. The officers shall not have
disciplinary authority within the schools or be considered educational service providers, but shall
be limited to their police functions.
4. The amount to be paid by the School District as specified in Paragraph 2 herein shall
be payable for the 2013 -2014 school year upon approval of this Agreement by both parties.
S. This Agreement is effective for the 2013 -2014 school year. Upon the expiration of
the 2013 -2014 school year, this Agreement shall automatically terminate.
�E
6. Each party shall be liable for the acts and omissions of its own agents and
employees and not the acts and omissions of the other party's agents and employees. The parties'
liability shall be limited by the provisions of the Municipal Tort Claims Act, Minn. Ch. 466 or other
applicable law.
7. The parties agree that all government data collected, shared or received as a result
of the parties' duties under this Agreement shall be handled and maintained in accordance with all
applicable federal, state and local laws, rules and regulations governing government data,
including, but not limited to the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13. The parties understand and agree that any sharing of data
between them must occur in accordance with the law governing the dissemination of data,
including, but not limited to, specific laws and governing the sharing of data on students and
minors.
INDEPENDENT SCHOOL DISTRICT NO. 196:
By: Rob Duchscher
Its: Chairperson
By: Gary Huusko
Its: Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF )
On this _ day of 2013, before me a Notary Public within and for said County,
personally appeared ROB DUCHSCHER and GARY HUUSKO, to me personally known, who each
being duly sworn by me, did say that they are the Chairperson and Clerk of Independent School
District No. 196 and that said instrument was signed and sealed on behalf of said School District
by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to
be the free act and deed of the School District.
Notary Public
�(0
CITY OF EAGAN:
By: Mike Maguire
Its: Mayor
By: Christina Scipioni
Its: City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF )
On this _ day of 2013 before me a Notary Public within and for said County,
personally appeared MIKE MAGUIRE and CHRISTINA SCIPIONI to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the
City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on
behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged
said instrument to be the free act and deed of said municipality.
Notary Public
N
Agenda Information Memo
September 3, 2013, Eagan City Council Meeting
CONSENT AGENDA
E. Approve an amendment to an existing Joint Powers Agreement between the City and the
State of Minnesota to combat internet crimes involving children.
ACTION TO BE CONSIDERED:
Approve an amendment to an existing Joint Powers Agreement with the State of
Minnesota, which will allow the City to continue seeking reimbursement for investigative
overtime, training and equipment related to crimes committed over the internet.
FACTS:
• The State of Minnesota, the Bureau of Criminal Apprehension, received a Federal
grant from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and
developed a multi- agency task force to combat crime perpetrated over the internet
where children are victims.
• The original agreement was reviewed by the City Attorney's Office and signed by the
Council in September, 2009.
• The purpose of the grant is to provide law enforcement with funding to combat
internet crimes where children are the victims. Equipment, training and personnel
expenses are available to the City if Eagan police officers assist in the investigation,
prosecution and prevention of illegal exploitation of children via the internet.
• The amendment is effective upon Council approval and shall remain in effect through
May 31, 2016, unless terminated or canceled.
ATTACHMENTS
A copy of the agreement is attached on pages M to 33.
U
Contract No. 62644
Minnesota Internet Crimes Against Children Task Force
Multi- Agency Law Enforcement Joint Powers Agreement
This Multi- Agency Law Enforcement Joint Powers Agreement, and amendments and
supplements thereto, ( "Agreement ") is between the State of Minnesota, acting through its
Commissioner of Public Safety, Bureau of Criminal Apprehension ( "Grantee "), empowered to
enter into this Agreement pursuant to Minn. Stat. § 471.5 9, Subd. 10 & 12, and City of f Eagan,
acting through its Eagan Police Department, located at 3830 Pilot Knob Road, Eagan, 55122. (
"Undersigned Law Enforcement Agency "), empowered to enter into this Agreement pursuant to
Minn. Stat. § 471.5 9, subd. 10,
Whereas, the above subscribed parties have joined together in a multi- agency task force
intended to investigate and prosecute crimes committed against children and the criminal
exploitation of children that is committed and /or facilitated by or through the use of computers,
and to disrupt and dismantle organizations engaging in such activity; and
Whereas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute
criminal, civil, and forfeiture actions against identified violators, as appropriate; and
Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit
A) disbursed by the Office of Juvenile Justice and Delinquency Prevention ( "OJJDP ") in
Washington, D.C. to assist law enforcement in investigating and combating the exploitation of
children which occurs through the use of computers by providing funding for equipment,
training, and expenses, including travel and overtime funding, which are incurred by law
enforcement as a result of such investigations; and
Whereas, the OJJDP Internet Crimes Against Children ( "ICAC ") has established a Working
Group of Directors representing each of the existing ICAC Task Forces to oversee the operation
of the grant and sub -grant recipients; and the State of Minnesota, acting through its
Commissioner of Public Safety, Bureau of Criminal Apprehension has designated Donald
Cheung as the Commander of the Minnesota ICAC Task Force.
Now Therefore, the parties agree as follows:
1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this
Agreement with the purpose of implementing a three- pronged approach to combat Internet
Crimes Against Children: prevention, education and enforcement; and
2. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force
Program Standards contained in Exhibit B attached to this Agreement, in addition to
complying with applicable Minnesota state and federal laws in the performance of this
Page 1 of 5
kq
Contract No. 62644
Agreement, including conducting undercover operations relative to ICAC, ; a list of Regional
ICAC Task Force, Minnesota State Affiliate Agency and Training & Technical Assistance
Program contact information is available at
http: / /www.oiidp.gov /programs /progsummarasp ?pi =3 #Resources ; and
3. Exhibits A and B are incorporated into this Agreement and made a part thereof. In the event
of a conflict between this Agreement and the Exhibits, the terms of the Exhibits prevail; and
4. The Undersigned Law Enforcement Agency and the Grantee agree that each party will be
responsible for its own acts and the results thereof to the extent authorized by law and shall
not be responsible for the acts of any others and the results thereof. The Grantee's liability
shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes,
Section 3.736, and other applicable law. The Undersigned Law Enforcement Agency's
liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota
Statutes, Section 466.01 - 466.15, and other applicable law; and
All members of the Undersigned Law Enforcement Agency shall continue to be employed
and directly supervised by the same Law Enforcement Agency employer which currently
employs the member performing Minnesota ICAC Task Force assignments; and all services,
duties, acts or omissions performed by the member will be within the course and duty of that
employment, and therefore, are covered by the Workers Compensation programs of that
employer; will be paid by that employer and entitled to that employer's fringe benefits; and
6. The Undersigned Law Enforcement Agency must first submit a written request for funds and
receive approval for the funds from the Grantee to receive any fiends from the Grantee; and
7. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed
on pre- approved requests. Approved reimbursement will be paid directly by the Grantee to
the Undersigned Law Enforcement Agency within 30 days of the date of invoice, with
payment made out to the City of Eagan and mailed to the Eagan Police Department, 3830
Pilot Knob Road, Eagan, MN, 55122.
8. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to
prevention, education, and enforcement activities, to be collected and forwarded monthly to
the Minnesota ICAC Task Force Commander or his designee for statistical reporting
purposes; and
The Undersigned Law Enforcement Agency shall participate fully in any audits required by
the OJJDP. In addition, under Minn. Stat. § 16C.05, subd. 5, the Undersigned law
Enforcement Agency's books, records, documents, and accounting procedures and practices
relevant to this Agreement are subject to examination by the Grantee and /or the Minnesota
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end
date of this Agreement; and
10. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be
represented at any scheduled regional meetings in order to share information and resources
Page 2 of 5
(go
Contract No. 62644
amongst the multiple entities; and
11. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding
information relative to investigative targets to the Child Pornography Pointer System (CPPS)
pursuant to the OJJDP guidelines; and
12. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force
Commander in a timely manner all investigative equipment that was acquired through OJJDP
grant funding; in the event that future federal funding is no longer available, the Undersigned
Law Enforcement Agency decides to dissolve its binding relationship with the Minnesota
ICAC Task Force and the State of Minnesota Department of Public Safety, or the
Undersigned Law Enforcement Agency breaches the Agreement.
13. That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the
following duties:
A. Investigations by the Undersigned Law Enforcement Agency under this agreement
should be conducted in accordance with the OJJDP ICAC Task Force Program Standards
contained in Exhibit B, and concluded in a timely manner. The Undersigned Law
Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive
of fringe benefits of actual hours and /or actual expenses incurred related to performing
Minnesota ICAC Task Force assignments and /or training approved by the Minnesota
ICAC Task Force Commander through the term of this agreement or until all Federal
fiends under the OJJDP grant have been expended, whichever comes first.
B. The Grantee has a TOTAL Expense Budget of $347,101.00 that was approved under the
OJJDP Internet Crimes Against Children ( "ICAC ") Grant for investigative hours and
expense reimbursement. The Undersigned Law Enforcement Agency participating in the
Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual
costs as defined in Clause 13, Section A., to the extent such actual costs have been
reviewed and approved by the Minnesota ICAC Task Force Commander.
14. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original
agreement, or their successors in office.
15; The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement
at any time, with or without cause, upon 30 days' written notice to the other party.
16. Terms of this agreement:
This Agreement shall be effective on the date the Undersigned Law Enforcement Agency
obtains all required signatures under Minn. Stat. § 16C.05, Subd. 2, and shall remain in
effective through May 31, 2016 unless terminated or canceled. Upon the effective date of
this Agreement, the Undersigned Law Enforcement Agency will be entitled to
reimbursements approved by the Grantee dating back to July 1, 2013 for overtime
Page 3 of 5
a)
Contract No. 62644
salary including fringe benefits, equipment, training and expenses to the extent Grantee
has available funds to pay such and they have been approved consistent with Clause13,
Section B. Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and
responsibilities normally possessed by an employee as a member of the Undersigned Law
Enforcement Agency.
1. Undersigned Law Enforcement Agency
Undersigned Law Enforcement Agency certifies that the appropriate
person(s) have executed the Agreement on behalf of the Undersigned
Law Enforcement Agency and its jurisdictional government entity as
required by applicable articles, laws, by -laws, resolutions, or ordinances.
By and Title
Undersigned Law Enforcement Agency
Title:
City of Eagan
Title:
City of Eagan
Mayor or Board Chair
City of Eagan
Pale 4 of 5
() C�
Date
Date
Date
Date
2. Department or Public Safety,
Bureau of Criminal Apprehension
Name:
Signed:
Title:
(With delegated authority)
3. Commissioner of Administration
By and Title
MN Department of Administration
(With delegated authority)
Page 5 of 5
Contract No. 62644
Date
Date
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
F. Approve transfer of funds to the Aquatic Facility (Cascade Bay) Fund and Civic
Arena Fund for Capital Renewal and Replacement, and alter the internal loan from
the Public Utilities Fund to the Civic Arena from interest - bearing to non- interest-
bearing.
ACTIONS TO BE CONSIDERED:
• To approve atransfer of $827,200 to the Aquatic Facility Fund from the General Fund
balance;
• To approve a transfer of $405,000 to the Civic Arena Fund from the General Fund balance;
and
• To alter the existing internal loan from the Public Utilities Fund to the Civic Arena Fund
from interest - bearing to non- interest - bearing, effective from the date of the last payment,
June 1, 2013.
FACTS:
• At the Council's direction, the Finance Committee met on August 20 to discuss options
related to upcoming capital renewal and replacement needs for both Cascade Bay and the
Civic Arena, as well as an operating cash shortage in the Civic Arena Fund.
• The Finance Committee recommended:
o Allocation of $827,200 of the General Fund balance to cover current and future
capital renewal and replacement needs for Cascade Bay;
o Allocation of $350,000 of the General Fund balance to cover current and future
capital renewal and replacement needs for the Civic Arena;
o Allocation of $55,000 of the General Fund balance to cover a deficit operating cash
balance in the Civic Arena Fund; and,
o Converting the existing interest - bearing loan from the Public Utilities Fund to the
Civic Arena Fund to an interest -free loan. The loan has a balance of $2,255,400 as
of June 1.
o Each year, revenues in excess of operating expenses should be used first to fund the
annual capital renewal and replacement allocation, and if an excess still exists, then
to reduce the principal balance of the Public Utilities Fund loan.
• After allocating funds per the above recommendation, the General Fund balance will be
approximately 42.4% of the proposed 2014 budget, which is within the 40 -45% target range
set forth in the Council's fund balance policy.
ATTACHMENTS:
• None
a.�
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
G. APPROVE ESTABLISHMENT OF
EAGAN WETLAND BANK AT WANDERING WALK PARK
ACTION TO BE CONSIDERED: Certify wetland replacement credits in Wandering Walk Park for deposit
into the state wetland banking system and authorize City Attorney and Water Resources Manager to submit an
application and associated documents and fees to deposit credits.
FACTS:
• Minnesota Board of Water and Soil Resources (BWSR) Rules (MN Rules Ch. 8420.0700 et seq.) provide
standards for establishing and administering the state's wetland banking system, as authorized by MN Stats.
§103G.2242. Subject to these rules, a Wetland Bank account holder may deposit or withdraw restored or
created wetland acres (i.e., "credits ") to replace present or future wetland impacts.
• The City of Eagan established a Wetland Bank account (5/15/2002) with a purchase of 3.5 existing credits.
Following is activity of the City's account to date:
1) withdrew 1.56 credits for creating Central Park Pond — 12/31/2002
2) withdrew 0.49 credits for constructing Hunt Drive — 06/16/2003
3) deposited 0.54 credits from developer for Hunt Drive construction — 02/03/2009
4) withdrew 0.047 credits for BWSR administrative deduction — 07/01/2010
5) withdrew 0.04 credits for constructing the Fish Lake alum settling basin — 10/21/2010
6) withdrew 0.192 credits for constructing Ames Crossing Road — 05/19/2011
Balance: 1.711 credits
• In 2003, the City Council expressed interest in having additional credits. The 2007 Water Quality and
Wetland Management Plan prioritized identifying potential Wetland Bank sites in Eagan. The Advisory
Parks Commission recommended (4/14/2008) Bridle Ridge and Wandering Walk parks.
• The City Council directed a Wetland Bank plan application be prepared (5/6/2008). Additional soils
analysis led staff to develop a plan only for Wandering Walk Park, south of Thompson Reuters on Wescott
Road. This plan would provide about 3 acres of credits through berm construction, grading and soil
compaction, and stormwater rerouting.
• Staff met with homeowners adjacent to Wandering Walk Park (02/26/2009). The City Council accepted the
Wetland Bank plan application and authorized a 30 -day public review (04/07/2009).
• The City Council accepted findings and recommendations of its interagency wetland technical evaluation
panel (TEP; BWSR, Dakota County Soil and Water Conservation District, and City staff) and approved
submission of the plan application to BWSR (7/7/2009).
• The City Council awarded Contract 09 -06 for site construction (9/1/2009) and awarded Contract 09 -06B for
site planting (9/15/2009), both of which were completed in October 2009.
• Since construction, vegetation has been managed and status reports have been compiled annually, within the
required monitoring period from 2010 to 2014. In 2012, the pond along Wescott Road was reduced
significantly to improve the supply of stormwater to the site's interior.
• MN Rules Ch. 8420.0700 et seq. requires recording in favor of the State of Minnesota a conservation
easement over a Wetland Bank and necessitates obtaining a title opinion, legal boundary survey, and title
insurance policy naming the State of Minnesota as the insured.
• Establishment of a Wetland Bank account occurs with a request to BWSR to deposit credits. Partial deposits
of credits are allowed after construction is certified and are subject to TEP review. A final deposit of credits
can be made after monitoring and final certification of the site are completed in 2014.
• The application to deposit credits includes: $1,000 one -time fee; 2009 Wetland Bank plan and supporting
documents; conservation easement description; and title insurance naming State of Minnesota as the
insured. This project is being paid from Eagan's stormwater utility fund.
QS
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
H. PROJECT 1107, PARK CENTER DRIVE
FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1107
(Park Center Drive — Street Improvements) and schedule a public hearing to be held on
October 1, 2013.
FACTS:
• Project 1107 provided for approximately 0.2 mile of street improvements on Park
Center Drive a commercial neighborhood in southeast Eagan, as outlined and
discussed in the feasibility report and approved by the City Council.
• This project, constructed under Contract 13 -03, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's current Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners to address any concerns.
• The final assessments are approximately 36% less than the estimate contained in the
feasibility report presented at the public hearing held on January 2, 2013.
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
I. PROJECT 1110, WILDERNESS RUN SECOND & FOURTH
FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1110
(Wilderness Run Second & Fourth — Street Improvements) and schedule a public hearing
to be held on October 1, 2013.
FACTS:
• Project 1110 provided for approximately 1.2 miles of street improvements on
Wilderness Run Second & Fourth a residential street in south central Eagan, as
outlined and discussed in the feasibility report and approved by the City Council.
• This project, constructed under Contract 13 -03, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's current Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners to address any concerns.
• The final assessments are approximately 5% less than the estimate contained in the
feasibility report presented at the public hearing held on January 15, 2013.
3�
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
J. PROJECT 1117, MANOR LAKE/ LAKEVIEW TRAIL
FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1117
(Manor Lake/ Lakeview Trail — Street Improvements) and schedule a public hearing to be
held on October 1, 2013.
FACTS:
• Project 1117 provided for approximately 1.4 miles of street improvements on Manor
lake /Lakeview Trail a residential street in south central Eagan, as outlined and
discussed in the feasibility report and approved by the City Council.
• This project, constructed under Contract 13 -03, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's current Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners to address any concerns.
• The final assessments are approximately 25% less than the estimate contained in the
feasibility report presented at the public hearing held on January 15, 2013.
LAO
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
K. PROJECT 1098, WEXFORD/ WEXFORD 2nd
FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1098
(Wexford/ Wexford 2n — Street Improvements) and schedule a public hearing to be held
on October 1, 2013.
FACTS:
• Project 1098 provided for approximately 0.6 mile of street improvements on
Wexford/ Wexford 2nd residential streets in central Eagan, as outlined and discussed
in the feasibility report and approved by the City Council.
• This project, constructed under Contract 13 -03, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's current Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners to address any concerns.
• The final assessments are approximately 18 % less than the estimate contained in the
feasibility report presented at the public hearing held on January 2, 2013.
Q
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
L. PROJECT 1065, LEXINGTON WAY
FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1065
(Lexington Way — Street Improvements) and schedule a public hearing to be held on
October 1, 2013.
FACTS:
• Project 1065 provided for approximately 1/4 a mile of street improvements on
Lexington Way a mixed use street in central Eagan, as outlined and discussed in the
feasibility report and approved by the City Council.
• This project, constructed under Contract 13 -03, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's current Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners to address any concerns.
• The final assessments are approximately 28% less than the estimate contained in the
feasibility report presented at the public hearing held on January 15, 2013.
-30
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
M. PROJECT 1029, SOUTH OAKS
FINAL ASSESSMENT ROLL
ACTION TO BE CONSIDERED: Receive the Final Assessment Roll for Project 1029
(South Oaks — Street Improvements) and schedule a public hearing to be held on October
1, 2013.
FACTS:
• Project 1029 provided for approximately 0.8 mile of street improvements on South
Oaks a residential street in southeast Eagan, as outlined and discussed in the
feasibility report and approved by the City Council.
• This project, constructed under Contract 13 -03, has been completed, all costs
tabulated and the final assessment roll prepared. The assessments are based upon the
City of Eagan's current Special Assessment Policy for all such assessable properties.
• This roll is now being presented to the Council for their consideration of scheduling a
public hearing to formally present the final costs to be levied against the benefited
properties.
• An informational neighborhood meeting will be scheduled prior to the final
assessment hearing with the affected property owners to address any concerns.
• The final assessments are approximately 28% less than the estimate contained in the
feasibility report presented at the public hearing held on January 15, 2013.
31
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
N. APPROVE CONTRACT 13 -21
BLACKHAWK LAKE ALUM TREATMENT
ACTION TO BE CONSIDERED: Approve City Contract No. 13 -21 (Blackhawk Lake Alum
Treatment) to HAB Aquatic Solutions to provide the materials, services, equipment, and personnel
for a surface application of aluminum sulfate and sodium aluminate buffer to Blackhawk Lake and
authorize the Mayor and City Clerk to execute all related documents, for an amount not to
exceed $75,607.00.
FACTS:
• Eagan's Water Quality & Wetland Management Plan (2007) directs development of
management plans for 30 priority lakes. In 2010, the City completed plans for top - priority
Fish and Schwartz lakes, with support by a $90,000 grant from the Minnesota Pollution
Control Agency (MPCA).
• On October 8, 2010, MPCA awarded Eagan a $55,276 Clean Water Partnership (CWP) grant
to complete water quality management plans for next - priority Blackhawk and Thomas lakes.
• Similar to the effort for Fish and Schwartz lakes, the project for Blackhawk and Thomas
evaluated water quality, assessed the phosphorus entering (i.e., "loading ") each system, and
developed implementation plans to address needs. The ultimate objective of these planning
efforts is to identify priority system improvement projects and activities to benefit the lakes.
• On December 3, 2012, MPCA approved Blackhawk and Thomas Lake Management Plans in
fulfillment of the CWP grant agreement.
• Blackhawk and Thomas Lake Management Plans identifies a number of potential projects to
reduce phosphorus "loading," including adding aluminum sulfate (alum) and sodium aluminate
buffer to Blackhawk Lake as one cost effective option.
• The purpose of such an alum treatment is to control phosphorus released from sediment during
certain environmental conditions. To determine the specific dose for Blackhawk, sediment
collected from several locations was scientifically analyzed.
• Only three known Minnesota businesses apply alum at the spatial scale and with the technical
capacity appropriate for Blackhawk Lake, however, none submitted a proposal in response to
the City's request. Subsequent investigations found no similar businesses in Wisconsin.
Thus, it appears the City has no options for a local business to complete this work.
• Fortunately, HAB Aquatic Solutions from Lincoln, NE was receptive to do the work and
provided a proposal that was reviewed by Water Resources staff. Although over 30% higher
than the estimated cost in Blackhawk and Thomas Lake Management Plans, the proposal is
found to be favorable for the City Council's consideration of approving a contract to provide
the materials, services, equipment, and personnel for a surface application of aluminum sulfate
and sodium aluminate buffer to Blackhawk Lake. HAB Aquatic Solutions is affiliated
nationally for this type of work.
• The alum treatment would occur near the end of September or early October of this year.
O
Agenda Information Memo
November 3, 2013 Eagan City Council Meeting
O. CONTRACT 13 -12, CEDAR GROVE PARKWAY
TRAIL & LIGHTING IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 1 to Contract 13 -12 (Cedar
Grove Parkway — Trail & Lighting Improvements) and authorize the Mayor and City Clerk to
execute all related documents.
FACTS:
• Contract 13 -12 provides for trail and boulevard lighting improvements on the south
side of Cedar Grove Parkway (Nicols Road to Rahn Road) within the Cedar Grove
Redevelopment Area in northwest Eagan (City Project No. 888).
• On June 4, 2013, the City Council awarded the base bid for Contract 13 -12 for these
improvements to Frattalone Companies, Inc.
• Change Order #1 provides for the extension of the contract completion date from August
15, 2013 to November 1, 2013, due to delays in necessary relocation of private utility
facilities by others.
• The change order provides for no change in total cost 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.
33
Agenda Memo
September 3, 2013 Regular City Council Meeting
CONSENT AGENDA:
P. APPROVE A RESOLUTION TO ACCEPT A DONATION OF $3,000
FROM THE EAGAN FIRE AUXILIARY FOR THE FIRE DEPARTMENT
AND AUTHORIZE THE NECESSARY BUDGET ADJUSTMENTS
ACTION TO BE CONSIDERED:
APPROVE a resolution to accept a donation of $3,000 from the Eagan Fire Auxiliary for
the Fire Department and authorize the necessary budget adjustments.
FACTS:
• The Eagan Fire Auxiliary recently sent the fire department a $3,000 donation
from their Ice Cream Social event.
• The Auxiliary would like these dollars to be used for additional replacement
fire helmets for our firefighters.
• By approving these donations the 2013 Fire Department Equipment budget
would receive a corresponding budget adjustment reflecting the donation.
• The funds will be spent for additional replacement fire helmets.
• A thank you letter. will be sent to the Fire Auxiliary from the fire department.
ATTACHMENTS:
Resolution on page 35
�H
EXTRACT OF MINUTES OF MEETING OF THE
CITY COUNCIL OF THE CITY OF EAGAN,
DAKOTA COUNTY, MINNESOTA
A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly
held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on September 3`d, 2013, at
6:30 p.m.
The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley.
Member introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN
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 Eagan Fire Auxiliary has offered to donate $3,000 for use by the City of Eagan
Fire Department; and
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 the City 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 Alerus for the gracious and generous
donation.
ADOPTED this 3rd day of September, 2013
Mike Maguire, Mayor
ATTEST:
Christina Scipioni, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by Member
and upon the vote being taken thereon, the following voted in favor:
; and the following voted against the same:
WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor
and his signature attested by the City Clerk.
Agenda Information Memo
September 3, 2013, Eagan City Council Meeting
Q. APPROVE EXEMPT PERMIT FOR FAITHFUL SHEPHERD CATHOLIC
SCHOOL TO HOLD A RAFFLE ON SEPTEMBER 20, 2013 AT 3355
COLUMBIA DRIVE
ACTION TO BE CONSIDERED:
Adopt Resolution approving Exempt Permit for Faithful Shepherd Catholic School to
conduct a raffle on September 20, 2013 at 3355 Columbia Drive.
FACTS:
➢ Faithful Shepherd Catholic School has applied for an Exempt Permit with the
Gambling Control Board to hold a raffle as listed above.
➢ All requirements of the application have been met and staff deems it in order for
approval.
ATTACHMENTS (1):
A copy of the proposed resolution is attached on page
(The application is available from the Office of the City Clerk.)
K
RESOLUTION NO. _
CITY OF EAGAN
APPLICATION FOR EXEMPT PERMIT
FAITHFUL SHEPHERD CATHOLIC SCHOOL
WHERAS, Faithful Shepherd Catholic School has applied for an Exempt Permit to
conduct a raffle on September 20, 2013; and
WHEREAS, the Eagan Police Department has reviewed the application and has not
identified any reason to deny; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, hereby approved the Exempt Permit for Faithful Shepherd Catholic School
to conduct a raffle on September 20, 2013 at 3355 Columbia Drive.
Motion by:
Seconded by:
Those in favor:
Those against:
Date: September 3, 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 3rd
day of September, 2013.
City Clerk
39
Agenda Information Memo
September 3, 2013, Eagan City Council Meeting
R. APPROVE EXEMPT PERMIT FOR FAITHFUL SHEPHERD CATHOLIC
SCHOOL TO HOLD A RAFFLE ON FEBRUARY 1, 2014 AT 3355
COLUMBIA DRIVE
ACTION TO BE CONSIDERED:
Adopt Resolution approving Exempt Permit for Faithful Shepherd Catholic School to
conduct a raffle on February 1, 2014 at 3355 Columbia Drive.
FACTS:
➢ Faithful Shepherd Catholic School has applied for an Exempt Permit with the
Gambling Control Board to hold a raffle as listed above.
➢ All requirements of the application have been met and staff deems it in order for
approval.
ATTACHMENTS (1):
A copy of the proposed resolution is attached on page �cl
(The application is available from the Office of the City Clerk.)
wr
RESOLUTION NO. _
CITY OF EAGAN
APPLICATION FOR EXEMPT PERMIT
FAITHFUL SHEPHERD CATHOLIC SCHOOL
WHERAS, Faithful Shepherd Catholic School has applied for an Exempt Permit to
conduct a raffle on February 1, 2014; and
WHEREAS, the Eagan Police Department has reviewed the application and has not
identified any reason to deny; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, hereby approved the Exempt Permit for Faithful Shepherd Catholic School
to conduct a raffle on February 1, 2014 at 3355 Columbia Drive.
Motion by:
Seconded by:
Those in favor:
Those against:
Date: September 3, 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 3rd
day of September, 2013.
City Clerk
—39
Agenda Information Memo
September 3, 2013, Eagan City Council Meeting
S. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE
THE LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC
SCHOOL'S LIVE AND SILENT AUCTION ON FEBRUARY 1, 2014.
ACTION TO BE CONSIDERED:
To approve the temporary on -sale liquor license and waive the license fee for Faithful
Shepherd Catholic School's Live and Silent Auction on February 1, 2014.
FACTS:
➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license
be issued to them for a Live and Silent Auction Gala event planned for February 1,
2014. The event will be held inside the school, located at 3355 Columbia Drive.
➢ Faithful Shepherd Catholic School has requested the City Council waive the $150.00
license fee.
➢ The application form has been submitted and deemed in order by staff. Following
Council approval, the application will be forwarded to the Department of Public
Safety /Liquor Control Division for final approval.
ATTACHMENTS (1):
A letter from Faithful Shepherd Catholic School is attached on page 1A I
40
FAITHFUL
SHEPHERD Wbere �zncr 'C� od "O E iflw tine ei ti akeaed,
: 55 t441,41dyia D-Ove faaa:r, tUitttnrsf)fq 5;5121: .,,,.Phouv 65.1 406,474
August 13, 2013
Dear City Council Members,
I respectfully request that the Eagan City Council waive the $150.00 application fee for a temporary
liquor license to be used on February 1, 2014. We are holding our 13th annual Live and Silent Auction
at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of the Live and Silent
Auction is fundraising. All proceeds will'go to the school.
Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by
incorporating procedures that will be followed to engage in the temporary sale of alcoholic beverages.
➢ The designated property of the event will be limited to the school grounds, which includes the
school's building.
The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale
and consumption laws, crowd control, public safety, and check the ages and identification of all
attendees.
➢ No person under the age of 21 will be sold or served alcoholic beverages
➢ No person will sell or give alcohol beverages to an obviously intoxicated person.
➢ All persons who consume, purchase, or possess an alcoholic beverage in the licensed area will be
issued and required to wear a wristband. (Wristbands will be purchased from an approved
vendor list provided from the City of Eagan.)
➢ The Welcome Committee will verify proper photograph identification for those individuals that
are under the age of 21.
➢ No person selling alcohol shall be intoxicated during his or her work shift.
➢ Licensee will post signs at all entrances of the school to notify the public that sales to and
consumption of alcoholic beverages by person's under the age of 21 or to person intoxicated is
prohibited.
➢ Licensee will provide volunteer private security to monitor the licensed area.
➢ Licensee will follow the designated hours listed in the City of Eagan procedures.
➢ Licensee will designate an on -site manager of the licensed area who shall be within the licensed
designated area at all times during the hours of sale. The onsite manager will complete training
in alcohol beverage service and will train servers and security personnel in the same.
If you have any questions, I can be reached at 651- 406 -4747. Thank you for your consideration.
Respectfully submitted.
M ureen L. Odegard
Assistant Principal
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Agenda Information Memo
September 3, 2013, Eagan City Council Meeting
T. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE
THE LICENSE FEE FOR PEOPLE OF PRAISE MN, INC.'S
ANNIVERSARY CELEBRATION ON SEPTEMBER 14, 2013
ACTION TO BE CONSIDERED:
To approve the temporary on -sale liquor license and waive the license fee for People of
Praise MN, Inc.'s Anniversary Celebration on September 14, 2013.
FACTS:
➢ People of Praise MN, Inc. has requested a temporary on -sale liquor license be issued
to them for an Anniversary Celebration planned for September 14, 2013. The event
will be held inside the school building, located at 601 River Ridge Parkway.
➢ People of Praise MN, Inc. has requested the City Council waive the $150.00 license
fee.
➢ The application form has been submitted and deemed in order by staff. Following
Council approval, the application will be forwarded to the Department of Public
Safety /Liquor Control Division for final approval.
ATTACHMENTS (1):
A letter from People of Praise MN, Inc. is attached on pages L. 3 to L4q .
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R I S T I A N
C 0 M M U N I T Y
People of Praise MN Inc.
601 River Ridge Parkway
Eagan, MN 55121
August 22, 2013
Ms. Christina Scipioni
City Clerk, City of Eagan
3830 Pilot Knob Road
Eagan, MN 55121
Dear Ms. Scipioni,
People of Praise MN Inc. is applying for a Temporary On -Sale Liquor License for a People of
Praise 42nd Anniversary celebration of our community on September 14, 2013. This document
serves to provide the City of Eagan the necessary information about our event so that the City
Council will approve our license at the next City Council meeting. Thank you for working with us
to help us secure the license. As a 5016 organization, I am requesting that the fee be waived.
1. Attached is the Certificate of Liability Insurance from the Gibson Insurance Company.
Our insurance meets or exceeds your requirements.
2. The People of Praise Community Event will be held at 601 River Ridge Parkway,
Eagan, Minnesota, 55121. The event will be held indoors and entrance into the event
will be through our east doors of the People of Praise.
3. (a) We have hired two security personnel for the event who will enforce alcohol
beverage sale and consumption laws, crowd control and public safety.
(b) The beverage servers will require that any person desiring to be served liquor must
show a valid photograph identification which will be checked to insure the person is 21
or older. When the age of the person is verified, he /she will be issued a wristband which
he /she will wear throughout the event. No alcohol will be served to a guest who does not
have a wristband.
4. No one serving alcohol shall be intoxicated or consume alcoholic beverages during their
work shift.
5. People of Praise will post signs at the entrance notifying the public that consumption of
alcoholic beverages by persons under the age of 21 or to persons intoxicated is
prohibited.
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6. The alcoholic beverages will be available from 5 -8:30 p.m. on Saturday, September 14,
2013.
7. People of Praise will designate an on -site manager in compliance with the City of
Eagan's requirement.
If you have any additional questions please contact me at the phone number below or email address.
Other People of Praise employees involved in the planning of the event include Rebecca Verwey.
Sin erely,
Daniel F. Lindeken
Business and Building Manager
People of Praise MN, Inc.
601 River Ridge Parkway
Eagan, MN 55121
Email: servantdfl@jzmail.com
Office: 651.789.2888 Ext. 102
Cell: 612.720.3068
�LI
Agenda Information Memo
September 3, 2013, Eagan City Council Meeting
U. APPROVE ON -SALE WINE, BEER AND SUNDAY WINE LICENSE FOR
CUPCAKE, INC. DOING BUSINESS AS CUPCAKE, 1565 CLIFF ROAD SUITE 1
ACTION TO BE CONSIDERED:
To approve the On -Sale Wine, Beer and Sunday Wine License for Cupcake, Inc., dba Cupcake,
located at 1565 Cliff Road, Suite 1.
FACTS:
➢ Dean VanDeraa and Mark Addicks, officers of Cupcake, Inc., have applied for an On -Sale
Wine, Beer and Sunday Wine License to operate Cupcake.
➢ The required documents have been submitted, reviewed and deemed in order by City staff
and the Police Department. No reason was found to deny the On -Sale Wine, Beer and
Sunday Wine License.
ATTACHMENTS (0):
(The complete application is available from the Office of the City Clerk.)
WS
Consent Agenda Information Memo
September 3, 2013, Eagan City Council Meeting
V. APPROVE ADDITIONAL HOUSE PLAN OPTIONS FOR STONEHAVEN
PLANNED DEVELOPMENT — LENNAR CORP.
ACTION TO BE CONSIDERED:
To approve additional house plan options for the Stonehaven Development located south of Yankee
Doodle Road and west of Wescott Woodlands.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present.
FACTS:
➢ The Stonehaven Planned Development was approved in 2010. The development consists of
a variety of single- family homes, twinhomes, and row townhomes.
➢ Development of the site began in 2010. Each year since, Lennar has added several additional
single - family house plans to the Stonehaven development.
➢ Lennar continues to develop new house models, modifying floor plans and features to update
its product.
➢ Lennar recently has submitted 3 new house plans for inclusion in the Stonehaven
development. As with the existing homes in this development, each floor plan is offered in
several different exterior finish styles.
• Two of the models (Bristol and Tyler) are designed to fit both the 65' and 85' wide
single- family lots. Each is a two - story, 4- bedroom design with a 3 -stall garage. The
Bristol has 3,081 sq. ft., and features a bump -out breakfast nook. The Tyler has 2,549
sq. ft. and provides an open floor plan on the main level.
• The third model (Kensington) is designed for the 85' wide single - family lots. This is
also a two - story, 4- bedroom design with a 3 -stall garage. The Kensignton has 3,145
sq. ft. and provides a semi- enclosed loft on the upper level.
These new house plans will be subject to the same bulk standards for setbacks, lot coverage,
structure height, etc. as other homes in the development, which will be verified for each lot at
the time of building permit.
➢ Staff has reviewed the house plans and finds theirs to be comparable and compatible in
appearance to the units already approved in this development.
ISSUES: None
ATTACHMENTS (3):
Location Map, page 1 -1�
Applicant's narrative, page
House plan drawings, pages
LJO
LACI through SL
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LENNAM
August 19, 2013
City of Eagan
3830 Pilot Knob Rd
Eagan, Mil 55122
Re: Stonehaven
Dear Honorable Mayer and members of Council:
In order to endure the demands of today's challenging housing market, Lennar continues to
develop house plans that are receptive to our customers changing wants and needs. Lennar is
excited to submit a new series of home plans to supplement the existing collection of homes
offered in the Stonehaven Community. The new plans are designed based upon focus groups
with Lennar buyers, feedback from JD Powers surveys, and market research. The presented plans
include design features consistent with current lifestyle needs, and buyer preferences that are not
addressed by our current offerings. The objective is to maintain variety without compromising
the quality of craftsmanship, and material selections of the home. The plans below are designed
with large families in mind, each with four bedrooms, three to four baths, and an optional
finished basement.
Tyler:
The Tyler is a 2 story single family plan in the Landmark series. The 2,549 sf home includes 4
bedrooms, 3 bathrooms, and a 3 car garage. The main floor features a wide open layout with the
great room, dining room, and kitchen all connected.
Bristol:
The Bristol is a 2 story single family home plan in the Landmark series. The 3,081 sf home
includes 4 bedrooms, 4 bathrooms, second floor laundry, and a 3 car garage. The kitchen features
a bump out breakfast nook that is distanced from the appliances making it ideal for family meals.
Kensington:
The Kensington is a 2 story single family plan in the Classic series. The 3,145 sf plan includes 4
bedrooms, 4 bathrooms, and a 3 car garage. The second floor has a semi enclosed loft leading to
three secondary bedrooms.
We feel strongly that the approval of these plans will improve interest in the community. Thank
you for your support, we appreciate the relationship we have with the City of Eagan and look
forward to the future. Please feel free to contact me with any questions or concerns.
Respectfully,
Jason Biederwol
Land Development Manager
Lermar Corporation
RECEIVED AUG 2 0 2013
16305 361h Avenue North • Suite 600 - Plymouth, MN 55446 • Phone: 952 -249 -3000 Fax: 952 -249 -3075
LENNr�R.COM
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LENNAM
16305 36th Avenue N., Suite 600, Plymouth, MN 55446 ° 952 - 249 -3000
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RECEIVED AUG 20 2013
Agenda Information Memo
September 3, 2013, Eagan City Council
W. EXTENSION OF FINAL PLAT APPROVAL - (LEMAY LAKE FAMILY
TOWNHOMES ADDITION)
ACTION TO BE CONSIDERED:
To approve a 90 day extension of the Final Plat consisting of one parcel upon approximately 25
acres located at 1319 Jurdy Road.
FACTS:
➢ The City Council originally approved the Final Plat on May 7, 2013.
A 60 -day extension to record the Final Plat until August 31, 2013 was approved by the City
Council earlier this year.
➢ The applicant and surveyor are continuing to work with the Dakota County Surveyor and
MnDOT on their review of the plat.
➢ The applicant has requested an additional 90 -day extension to record the Final Plat.
➢ Approval of the extension would extend a new recording deadline of November 29, 2013.
ATTACHMENTS: (2)
Location Map, page
Letter from CDA, page Sq
55
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Parcels
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Parks
City of Eap Jolla
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Dakota County
r1k E Community Development
Agency
CDA
August 27, 2013
Sarah Thomas
3830 Pilot Knob Road
Eagan MN 55122
RE: FINAL PLAT— LEMAY LAKE FAMILY TOWNHOMES
Dear Sarah;
1228 Town Centre Drive I Eagan, MN
PHONE 651- 675 -4400 1 TOD/
RECEIVED AUG 2 7 2013
The Dakota County CDA is requesting a 90 -day extension to filing the final plat for LeMay lake Family
Townhomes. The list of required items stated in the June 4, 2013 letter will not be completed by the
August 31, 2013 deadline.
Please contact me with any questions at kgill @dakotacda,state.mn.us or 651- 675 -4477.
Sincerely,
Kari R. Gill
Deputy Executive Director
-9
123
711
Consent Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
X. DIRECT STAFF REVIEW AND ORDINANCE PREPARATION
RELATIVE TO BREW PUBS /TAP ROOMS — CITY OF EAGAN
ACTION TO BE CONSIDERED:
Direct City staff to review ordinance language and work with the City Attorney on
preparation of an ordinance amendment associated with brew pubs and /or tap rooms.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The City Council was recently made aware of interest in a potential brew pub at a
location zoned Industrial. The proposal would include a brewery and tap room
which would necessitate retail on -sale and retail off -sale.
Prior to the 2011 legislative session, state law prohibited retails sales and
consumption of the adult beverage on the brewery's premises. Presently, the City
Code provides for breweries in the industrial zone but retail sales are not allowed.
➢ City staff intends to perform additional study on the cities that currently allow such
enterprises and to work with the City Attorney to determine the most suitable
approach for accommodating this type of use in relation to City Code Chapters 5 &
11.
ATTACHMENTS: None
�8
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
Consent Agenda
Y. APPROVE EXPANSION OF THE CONTRACT 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 one full time inspector to two full time inspectors 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.
• One frill time contract inspector has been used since May 2013 to help with
the influx of construction activity and we were seeing a marked improvement
on plan review and inspection turnaround time, although a recent uptick in
activity has begun to affect that again.
• The August 6th, 2013 storm struck a large part of Eagan with hail up to two
inches in diameter.
• The attached map estimates the most severely affected areas of Eagan.
Damage can vary wildly from adjacent lots so not all structures will need
repairs. The map parameters were established based on observed damage from
the street, a hail scope map from Weather Fusion, and the numerous
contractor signs placed on individual lots.
• Within the map boundaries there are 5,511 Single Family Dwellings and
2,439 Townhomes.
• The Inspections Division has already issued hundreds of permits for storm
repair and the City Clerk's office has issued over one hundred solicitors
permits.
ATTACHMENTS:
Storm Impact Area map and Potential Damage Area totals, pages (0- through (p1
501
m
Potential Hail Damage Area Totals
Bldg Type Count
APARTMENT
13
ASTD LIVNG
1
BANK
7
BW LNGALLEY
1
CARWASH
5
CLASSROOM
2
CONV STORE
9
DAYCARECTR
6
DISCNT STR
6
DUPLEX
14
HEALTH CLB
1
HOTEL
1
INDL,MANFG
5
MORTUARY
1
MOTEL
2
OFC,CORPTE
2
OFC,MD /DTL
3
OFFICE
23
REST FSTFD
5
RESTAURANT
7
RETAIL STR
7
S.FAM.RES
5511
SERVC GAR
13
SHPCTR,COM
4
SHPCTR,NBH
15
SRV MINLBE
3
THEATER
1
TOWNHOUSE
2439
TWIN HOME
126
UTIL,TELCM
8
VET HSPTL
3
WHS,BLKDST
2
WHSE,BUSCR
6
WHSE,MINI
6
WHSE,STRG
11
WHSE,TRNST
1
8270
U-.1
Wednesday, August 28, 2013
10:19:03 AM
Agenda Memo
September 3, 2013 Regular City Council Meeting
Z. APPROVE a Resolution to accept an in -kind donation of discounted
advertising for specific 2013 Parks & Recreation events from Sun ThisWeek
newspapers.
ACTION TO BE CONSIDERED:
Adopt a resolution to accept an in -kind donation of discounted advertising for specific
2013 Parks & Recreation events from Sun ThisWeek newspapers.
FACTS:
• Eagan Parks & Recreation offers multiple community events during the course of the
year for the public to attend.
• Sun ThisWeek newspapers is interested in partnering with some specifically
identified events by offering an in -kind donation of a 50% discount on advertising
rates for color advertisements.
• The events included in this in -kind donation include:
• Harvest of Art — September 8
• Streets Alive — September 15
• Lone Oak Days — September 21 & 22
• Halloween Hodgepodge — October 27
• As a part of this partnership, Sun ThisWeelc will have a booth at Streets Alive, a
hand -out will be distributed as people leave Lone Oak Days to promote the
newspaper's Kidspo event being held the following weekend at the ECC and their
logo will appear on flyers for the four events outlined above.
• The value of this in -kind donation is $1,398.
ATTACHMENTS:
Copy of Resolution on Page ( 3
■
CITY OF EAGAN
RESOLUTION
TO ACCEPT AN IN -KIND DONATION OF DISCOUNTED ADVERTISING
FOR SPECIFIC 2013 PARKS & RECREATION EVENTS FROM
SUN THISWEEK NEWSPAPERS
WHEREAS, Sun ThisWeek newspaper has expressed an interest in donating discounted
advertising for specific 2013 Parks & Recreation programs or events; and
WHEREAS, the City of Eagan will be able to use the 50% discounted advertising rates
for color advertisements to promote four Parks & Recreation events; and
WHEREAS, as part of this partnership, the City of Eagan will provide to Sun ThisWeek
newspapers a booth at Streets Alive, will promote their Kidspo event as people are leaving the
Lone Oak Days event and will include the Sun ThisWeek logo on flyers promoting the four
identified Parks & Recreation events.
NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby
accept the in -kind donation of a 50% discount on advertising rates for color advertisements for
Harvest of Art (September 8), Streets Alive (September 15), Lone Oak Days (September 21 &
22), and Halloween Hodgepodge (October 27) . The estimated value of the donation is $1,398.
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CITY OF EAGAN
CITY COUNCIL
By:
Mayor
Attest:
City Clerk
CERTIFICATION
I, Christina Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3`d
day of September, 2013.
City Clerk
(D6
Agenda Memo
September 3, 2013 City Council Meeting
AA. APPROVE an agreement with American Specialty Health Fitness, Inc. to offer
the Silver & Fit program at the Eagan Community Center.
ACTION TO BE CONSIDERED.
To approve an agreement with American Specialty Health Fitness, Inc. to offer the Silver & Fit
program at the Eagan Community Center and direct the Mayor and City Clerk to sign all
appropriate documents.
FACTS:
• The ECC fitness center currently has several programs that offer reimbursed programs for
various types of memberships.
• Over the last several years we have had several fitness and community members ask us to
offer the Silver & Fit program at our facility. Unfortunately at those times the ECC was
offering the Silver Sneakers program which had a provision that no other like programs
could be offered at the same facility.
• ECC staff was recently approached by American Specialty Health Fitness, Inc. to advise
us that a law suit between Healthways (Silver Sneakers) and American Specialty Health
Fitness, Inc. (Silver & Fit) had been settled and that both programs could be offered in
the same facility.
• Silver & Fit is a program open to participants 65 and older who are enrolled in Medicare.
The program offers free access to the fitness center along with specialized classes to
maintain a healthy and active lifestyle for this population.
• In consideration for access to the ECC fitness center and specialized class offerings,
American Specialty Health Fitness, Inc. will reimburse the ECC a dollar amount for each
visit for registered members of Silver & Fit. The reimbursement per person cannot
exceed $36 per month, which is equal to the monthly membership rate.
• This program would help meet the demand for a growing 65+ population in Eagan and
will be key to maintaining an active lifestyle. This will also be a good transition from the
current 55+ fitness programs that currently exist in the ECC.
• Once an agreement has been approved, the program will take approximately 4 -6 weeks to
implement.
• The agreement with American Specialty Health Fitness, Inc. is almost identical to the
Silver Sneakers agreement approved by the City Council in 2011.
ATTACHMENTS:
None
(
Agenda Memo
September 3, 2013 City Council
BB. APPROVE the 2014 Parks & Recreation Capital Improvements Program
ACTION TO BE CONSIDERED:
To approve the 2014 Parks & Recreation Department CIP for park improvements and authorize the
implementation of the drainage effort at Thresher Fields to begin in 2013 to ensure the least impact
to the public using these fields.
FACTS:
• The Advisory Parks Commission (APrC) has prepared an updated CIP for the years 2014 —
2018. The CIP is consistent with the goals of the 20/20 Vision Plan and existing master plans.
• The APrC met with the City Council on August 13 in a workshop session to review the proposed
recommendations for 2014 park improvements.
• At their meeting on July 15, 2013, the APrC took formal action to recommend specific approval
of the 2014 CIP projects with years 2015 — 2018 considered as preliminary and subject to
change.
• Funding for the CIP has historically come from the Park Site Fund (PSF), which is primarily
money collected from developments at the time of platting in lieu of land dedication. Starting
with the 2012 budget the City Council designated a $400,000 annual allocation to fund what is
now called the Park Systems Development and Renewal and Replacement Fund.
2014 CIP Projects:
• Lexington - Diffley Fields, Scoreboard Improvements / $80,000; The site is host to large
tournaments throughout the year. Replace 3 existing scoreboards and install 3 new
scoreboards with boards that utilize low energy, LED wireless technology.
• Holz Farm Phase III, Demo of Cliff Road House / $40,000; Demolition of the Cliff Road
house and garage, and restoration to a natural condition consistent with the overall site
master plan. Currently rented as a residence.
• Moonshine Park Development Plan / $30,000; Development of a master plan for the
recently acquired property contiguous with the existing retreat site, preparation of
construction specifications as necessary.
• Quarry Park Improvements / $25,000; Modifications to the park as made necessary by the
extension of Quarry Road through the southern portion of the park.
• Thresher Fields Drainage System / $95,000; Installation of a sub - surface drainage system
to help alleviate water issues on the heavily used soccer fields.
o Pending approval, staff is requesting that work on the project commence during fall
2013 to ensure the least impact on the playability of the fields beginning spring 2014.
• Thresher Fields Parking Expansion / $85,000 Development of a designated parking area
and access path for the OLDA, to include handicapped parking.
(_01D
• Dugout Roof Upgrades @ sites TBD / $40,000 Replacement of tarp style covers with
metal roofs on tournament fields.
• Playground Installation @ sites TBD / $75,000; Continuation of the ongoing program of
playground replacement. Playgrounds are replaced on a rotational basis or as determined by
inspections. Determinations are generally made in the spring
• Small Projects @ site TBD / $30,000 ; Continuation of funding for special needs,
partnerships and small unanticipated projects that become necessary during the course of the
year
• Estimated total expenditure from the Park Systems Development and Renewal and
Replacement Fund is $500,000 pending playground reviews.
Attachments:
2014 capital improvement projects detail on page (99 .
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Agenda Memo
September 3, 2013 City Council
CC. APPROVE the 2013 -2014 Advisory Parks Commission Work Plan and Goals
ACTION TO BE CONSIDERED:
To approve the 2013 -2014 Advisory Parks Commission Work Plan and Goals.
FACTS:
• The Advisory Parks Commission has been working to develop a comprehensive work plan that
they could focus on for the years 2013 -2014.
• At their July 8, 2013 meeting the APrC finalized and adopted their proposed work plan to
present to the City Council for review and direction.
• At the August 15 City Council workshop the Advisory Parks Commission presented their 2013-
2014 Goals and Work Plan.
• The Work Plan and Goals reviewed were:
1. Finish construction of new park at the Nicols Ridge /Cedar Grove three -acre site area to meet
the needs of the surrounding community and, in conjunction with the Eagan Historical
Society, recommend a name for the park to the City Council.
2. Recommend initiatives to the City of Eagan and its constituents for an active living
infrastructure. Conduct a joint meeting with the Energy and Environment Advisory
Commission to discuss the following:
a. Identify where the Complete Streets initiative might be implemented.
b. Enhanced walking and biking routes
c. Trail gaps — fill in where needed
d. Safe route to school initiative
e. Coordination with Dakota Trails and Greenway Development
3. Recommend initiatives to the City of Eagan and its constituents for an active living policies
and programs that encourage activity following the concepts of the Healthy Eating and
Active Living resolution passed by the City Council in 2012.
4. Recommend initiates to the City of Eagan and its constituents for future recreation programs
and facilities to meet the following objectives:
Meeting our projected demographics and changing resident needs
a. Promotion of healthy /active living
b. Partnering and coordinating with other recreation service providers to maximize
service mix
c. Researching interest, need and feasibility of additional facilities
5. Complete an Art Vision process that includes recommended guidelines for cultivating and
installing public art in Eagan.
• The City Council directed the 2013 -14 Work Plan to the September 3 agenda so that formal
action could be taken to approve the Work Plan as presented.
Attachments:
None
I
w
Agenda Memo
September 3, 2013 City Council
DD. APPROVE the 2013 -2014 Energy and Environment Advisory Commission Work Plan
and Goals
ACTION TO BE CONSIDERED:
To approve the 2013 -2014 Energy and Environment Advisory Commission Work Plan and Goals.
FACTS:
• The Energy and Environment Advisory Commission has been working to develop a
comprehensive work plan that they could focus on for the years 2013 -2014.
• At their May 13, 2013 workshop the EEAC finalized their proposed work plan to present to
the City Council for review and direction.
• At the June 11, 2013 City Council workshop the Energy and Environment Advisory
Commission presented the following 2013 -2014 Goals and Work Plan:
1. GOAL 1
Continue to investigate ways in which the GreenSteps Cities program can be enhanced and
expanded through policy exploration and use GreenSteps methodology to create and
communicate outreach and educational opportunities for the community.
• Review public works water utility investments and water conservation ordinances and
recommend changes or initiatives to the City of Eagan and its constituents to support
GreenSteps best practices.
• Study and recommend actions with the City to increase active living infrastructure and
support implementation of the city's Complete Streets resolution. Conduct a joint meeting
with the Advisory Parks Commission to discuss initiatives that align with the City's
Complete Streets resolution.
• Develop an Energy Efficient Buildings Policy for the operation, maintenance, construction
and renovation of buildings owned by City of Eagan. Explore policies and initiatives to
promote energy efficiencies for existing and newly constructed /remodeled large
Commercial/Industrial buildings within the City.
• Review and recommend initiatives and policy changes to encourage the use of low
maintenance landscapes on commercial and industrial properties located in Eagan.
• Create and maintain a demonstration landscape bed on a highly visible public location that
includes edible plants and native, low maintenance species.
• Review and recommend initiatives and policy changes that lead to efficiencies and available
public information in relation to Waste Hauler operations within the City.
• Study best practices and current models for the use and availability of biodiesel in City -
owned vehicles and as an available option to residents.
2. GOAL 2
Increase public awareness of the GreensSteps Cities efforts and programs through the use of
City publications, City website, social media, City events such as Showcase Eagan and the
Home & Leisure show, and other communication opportunities that would be available and
approved by the City of Eagan.
(09
3. GOAL 3
Review and recommend changes to City Ordinances to support the initiatives of the GreenSteps
program.
4. GOAL 4
Follow -up to Previous EEAC Goals and Initiatives.
a. Eagan PACE Financing Program
b. Low Maintenance Landscaping Ordinance Changes and Public Information
c. Prohibition of the use of Coal Tar Sealers.
d. Publishing of Waste Hauler Tier Rate Schedules on City Website
e. Review of Policies and Permits Relating to Solar Installations
The City Council directed the 2013 -14 Work Plan to a future agenda so that formal action could
be taken to approve the Work Plan as presented.
Attachments:
None
X10
Agenda Information Memo
September 3, 2013 Eagan City Council Meeting
PUBLIC HEARINGS
A. PARKVIEW GOLF CLUB
EASEMENT VACATION
ACTION TO BE CONSIDERED: Open the public hearing for the vacation of a public
drainage and utility easement located on Lot 1, Block 1, Parkview Golf Club, and
continue action to coincide with City Council consideration of the Dakota Path Addition
final plat and subdivision.
FACTS:
• On July 23, 2013, City staff received a petition from Mike Suel, D.R. Horton,
requesting the vacation of existing drainage and utility easements on Lot, Block 1,
Parkview Golf Club. The parcel is located south of Cliff Road and east of Pilot Knob
Road in south - central Eagan.
• The purpose of the vacation is to allow the recording of a final plat of the property
together with the adjacent unplatted property for the proposed Dakota Path
development as a single - family residential development by D.R. Horton. The
vacation of the easement would clean up the proposed plat by avoiding any
underlying recorded dedications.
• The request would vacate all of the public drainage and utility easements the plat of
Parkview Golf Club.
• The new final plat of Dakota Path Addition will address and incorporate all necessary
public drainage and utility easements on this property.
• The proposed plat is tentatively scheduled for Council consideration on October 15,
2013.
• All notices were published in the legal newspaper and sent to all potentially affected/
interested parties, including private utility owners, informing them of the public
hearing on September 3. No objections were received.
ATTACHMENTS:
• Location Map, page lob .
• Easement Vacation Legal Description, graphic, page
1-1 ,
Proposed Easemant Vacation Location Map Fig. 1
Lot 1, Block 1, Parkview Golf Club
Cityof Eapn 1-:User /Engineer /Easement Vacation Graphic/ Parkview Golf Club
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13
Agenda Information Memo
September 3, 2013, Eagan City Council Meeting
VII. NEW BUSINESS
A. REZONING AND PRELIMINARY PLANNED DEVELOPMENT — THE FLATS
AT CEDAR GROVE, LLC
ACTION TO BE CONSIDERED:
To approve (or direct preparation of Findings of Fact for Denial) a Rezoning from CGD (Cedar
Grove District) to PD (Planned Development) upon approximately 4.98 acres located at the
southwest corner of Hwy. 13 and Cedar Grove Parkway.
To approve (or direct preparation of Findings of Fact for Denial) a Preliminary Planned
Development* for a 4 -story 190 -unit apartment building providing a mix of unit types from
studio to 3- bedroom, with approximately 11,000 s.f. of commercial retail space on the northwest
corner of the first level located on the southwest corner of Hwy. 13 and Cedar Grove Parkway,
subject to the conditions listed in the APC minutes.
* Approval of the Preliminary PD also constitutes approval of the Final Planned Development
to be documented in a Final Planned Development Agreement.
REQUIRED VOTE FOR APPROVAL:
➢ Rezoning & Preliminary Planned Development — At least three votes
FACTS:
➢ The property is proposed to be Rezoned from CGD, Cedar Grove District, to PD, Planned
Development.
➢ The City has anticipated that specific developments within the Cedar Grove
Redevelopment District will be implemented through Planned Development zoning.
➢ The PD zoning affords flexibility with the objective of supporting greater creativity and
more efficient use of the land in furtherance of the objectives of the Comprehensive Plan
and mutual benefit.
Since the proposal is a single phase project, approval of the Preliminary Planned
Development will also constitute the Final Planned Development for the property.
➢ The applicant is proposing to construct a 4 -story 190 -unit apartment building providing a
mix of unit types from studio to 3- bedroom, with approximately 11,000 s.f. of
commercial retail space on the northwest corner of the first level.
➢ The site is 4.98 acres in size and is largely owned by the Eagan EDA, which has entered
into a purchase agreement to sell the land to The Flats at Cedar Grove, LLC.
9q-
➢ The subject site is located at the east end of the core area of Cedar Grove Redevelopment
District, southwest of the Hwy. 13 and Cedar Grove Parkway intersection and the
building is designed with its most prominent fayade facing this gateway intersection.
➢ The site design incorporates shared driveways with neighboring properties to the west,
necessitating private easements and closure of existing driveway openings.
➢ The proposed development includes a few deviations to typical City Code standards for
number and size of parking stalls, building material ratios, amount of supplemental
storage space for residential units, and building and parking setbacks. These deviations
are discussed in more detail in the staff report.
Park and trail dedication will be through cash contribution, with a credit for certain trails
constructed with the project.
➢ The Advisory Planning Commission held a public hearing on August 27, 2013, and did
recommend approval, subject to the conditions listed in the APC minutes.
ISSUES:
➢ The applicant raised a question regarding the City Code provision related to the amount
of additional storage space required for each unit, indicating the project provides ample
storage space within the units, dedicated bicycle storage in the underground garage, and a
total of 117 supplemental storage lockers for the 190 units. Their experience with other
projects suggests that is sufficient. After discussion, the APC removed the condition
related to providing additional storage from their recommendation.
➢ The proposed plat for the property was recently discovered to include a small parcel that
is not owned by the EDA. A condition was added to the Preliminary Planned
Development requiring the applicant to satisfy the County Surveyor's conditions to
incorporate that parcel into the plat, in a form acceptable to the City Attorney.
60 -DAY AGENCY ACTION DEADLINE: July 31, 2013
ATTACHMENTS: (4)
Location Map, page `1
Draft August 27, 2013, APC Meeting Minutes, pages Tj through go
Planning Report, pages Fj � through
E -mail correspondence from Applicant, page US
Location Map
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APPH III RE LN 4 5
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0 500 1,000 2,000
Project Name: The Flats at Cedar Grove
Legend
Request: Rezoning; Prelim. & Final Planned Development,
Case Nos.: 19- RZ- City Boundary
05- 07 -13; 19- PD- 04- 07 -13; 19- FD- 05- 07- 13,
Parcels
Parks
City of Eap Buildings N
VI
Advisory Planning Commission
August 27, 2013
Page 2 of 7
IV. PUBLIC HEARINGS
A. The Flats at Cedar Grove
Applicant Name: The Flats at Cedar Grove, LLC
Location: 3830 Sibley Memorial Highway; Lot 2, Block 1, and OutlotA, Cedarvale 2nd Addition;
and Lot 1, Block 1, Cedar Grove Parkway; and Part of NE %4 of Sec. 19, Twn. 27 Rng. 23
Application: Rezoning
A Rezoning from CGD, Cedar Grove District to PD, Planned Development.
File Number: 19- RZ- 05 -07 -13
Application: Preliminary Planned Development
A Preliminary Planned Development to allow a four - story
approximately 11,000 s.f. of commercial /retail space.
File Number: 19- PD- 04 -07 -13 J
Member Dugan stated he will abstain from voting on
Planner Dudziak introduced this item andpighlighted the inforr
report dated August 20, 2013. She noted th�eY¢taapkground and I
following condition has been added to the Prei►minarytPlanned
approval:
22. Any land in the plat not owned by Economic C?e elope
requirements of the County Surveyor t ecoAf e plat,
Attorney. E F4sf
ily residential building with
on presented in the City Staff
q. She explained that the
velaoment conditions of
uthority shall satisfy all
form acceptable to the City
Wally Johnson, The Flats at Cedar Gf-bve LLC, di��ssed their concern about the supplemental
storage requirements an e diffic { es of finding sjce within the buidling to add more storage
space. He discussed their er'e;ce with storage needs in other similar developments. He
discussed park ng t other d ppmep�� lia .have both commercial and residential uses.
Memb U i, derpoel asked the a
propetles and Mr. Johnson `state
60%��occupied. W
qg
Member Prashad asked if the
component m addition to they
.ipancy of storage lockers in other Stonebridge
storage lockers are available for rent they are roughly
loper has other developments that include a retail
ntial.
Mr. Johnson state43heye several developments with that scenario.
Member Supina askedf the City Code differentiates single stall parking from a tandem stall
design.
City Planner Ridley stated the City Code does not.
Chair Heaney opened the Public Hearing.
Doris Dahline, 3830 Alder Lane, stated concern for the proposed building setbacks and whether
they meet City Code.
99
Advisory Planning Commission
August 27, 2013
Page 3 of 7
There being no additional public comment, Chair Heaney closed the Public Hearing and turned
the discussion back to the Commission.
Planner Dudziak discussed the proposed building setbacks in relation to the CGD build -to line
and typical City Code standards for setbacks in other zoning districts.
City Planner Ridley added that the build -to line is difficult to adhere to when the site is bounded
by curvilinear streets rather than being a perfect square or rectangle. He went on to share that
for that reason the City intends to handle each development within the_rredevelopment area and
CGD district via the Planned Development zoning which allows such deviations to be
accommodated.
Member Vanderpoel asked to see a higher level site plan
connections and this development will fit with and relatp�,f
including Paragon Outlets and the MVTA Transit Station t=
City Planner Ridley displayed a map identifying trails
Center and the EDA parking structure.
Member Vanderpoel moved, Member Prashad seconded a mo'
Rezoning from CGD (Cedar Grove District) to RD, (Planned De
4.98 acres located southwest of the intersection `o Wmj 3 and
All voted in favor. Motion carried 6 -0.
Member Prashad move,_ Wnderpoel see
Preliminary Planned, elopment for a mixed
unit apartment building with approximately 11,000
approximately 4.98 acres lacated itl a southwest
Parkway. Preliminary PD app'v simultaneously
Developmp fta -ae documented to a fo'rthcom
subject to.th conde followin "g itions as amended:
a serisf af how trail
development in the core area
, the Paragon Outlet
to recommend approval of a
�Oment) for approximately
tar Grove Parkway.
ided a motion to recommend approval of a
development consisting of a 4 -story 190-
E of commercial retail space located upon
�tner of Hwy. 13 and Cedar Grove
institutes approval of the Final Planned
inal Planned Development Agreement,
1. The property shall be plat -- d.
2. A FiiPlanned Developmnt Agreement shall be executed for the development prior to
issua of a building perrniti The following plans are necessary for the Final Planned
Develop t Agreement
• final Sl Plan
• Final Bu , OM g, Eley6ti-6ris
• Final Site Ligf�; g�PIan
• Final Landscape Plan
• Final Signage Plan
3. Calculations for the parking lot islands shall be provided on the Final Site and Landscape
Plans for the Final Planned Development Agreement.
4. The Final Site Lighting Plan shall include accent lighting or architectural and security
illumination of the building exterior and photometric information.
5. The developer shall provide adjustments to the Final Site Lighting Plan to bring the average
to minimum ratios closer to 4.0 and achieve minimum light levels of 0.5 footcandles
throughout the parking lots.
SV U
Advisory Planning Commission
August 27, 2013
Page 4 of 7
6. A lighting plan for the underground parking level shall be provided at the time of building
permit, which demonstrates compliance with the photometric standards in the City Code.
7. AdditneRal sterage spaGe should be provided to meet the Gity Code standard of at least 150
6.6ihin foot nor unit.
8. Consistent interior window treatments shall be provided for windows that are visible from a
public street or open space in offices and multiple residential complexes, in accordance with
the City Code.
9. Building address numbers shall be installed consistent with the provisions of Section 2.78 of
City Code.
10. Rooftop mechanical units shall be shown on the plans submitted-Jo rBuilding Permit, with
screening provided in accordance with City Code requirements.``
11. Trash storage shall be located within the building and fully sc ee ed from off -site views.
12. The Final Landscape Plan shall include some shrub or per'y vial 'I ant beds along the west
side of the site, if no conflict with utilities is present Consideration also shall be given to
using a different species of evergreen which may be better suited to these locations where
an evergreen material is desired and growth space lslimited'
13. All erosion/ sediment control plans submitted fol xtq elopment N grading permits shall be
prepared by a designer who has received current `esotaa_partment of Transportation
(MNDOT) training, or approved equal training as dead�. e4� Y the City Engine in
designing stormwater pollution prevention plans. Also, aElp rsonnel responsible for the
installation of erosion/ sediment contra devices, and the es � lishment of vegetation for the
development, shall have received Eross�►�/ fitment Control I •sector /Installer certification
through the University of Minnesota, or approved_equal training`as.determined by the City
Engineer.' x
14. All public and private streets, drainage syms, nlitisheessary to provide service to
this development shall be destined and certtfiecl` 'y a registered professional engineer in
accordance with City adopted codes, engineering standards, guidelines, and policies.
15. This development.shdll provide hydrant spacl% and locations in accordance with City Fire
Department and "glal4c Works standards.
16. This development sh'aI , I op t e titer main throe h the site.
17. Private Access and Dr Easements -with the adjacent properties (Lots 1 and 2,
Block 1, Cedars 2nd A J, n) s 51 i
� e d as necessary for access, drainage, and
utilitypotes:; In form accd�t able to the Clty Attorney.
18. Because of the new access easement, the applicant shall cause the existing driveway
accesses from Jensen'!Nbm CedarilBlvd (Nicols Road) and the Bowling Center to
Ceale Parkway to �sed i n a manner acceptable to the City Engineer
19. The deli eloper shall obtain all outside agency permits as necessary for completion of the
site impfty.ements.
20. This development shall accept its additional financial obligations as defined in the staff's
report in accordance w1t64he final plat dimensions and the rates in effect at the time of final
plat approval. "`
21. This developmeriVQ, responsible for cash park and trail dedications. The dedications will be
calculated based on actual construction plans at the time of building permit, at the rates then
in effect, and payment collected prior to release of the building permit.
22. Any land in plat not owned by Economic Development Authority shall satisfy all
requirements of the County Surveyor to record the plat, in a form acceptable to the City
Attorney.
The Advisory Planning Commission discussed Condition 7 and expressed that they are
comfortable eliminating the condition because there is potential to gain storage space with the
tandem parking spaces, if needed.
Ir.
Advisory Planning Commission
August 27, 2013
Page 5 of 7
All voted in favor. Motion carried 5 -0.
Member Dugan abstained from voting on the item.
10
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: August 20, 2013
APPLICANT: The Flats at Cedar Grove, LLC
PROPERTY OWNER: Eagan Economic
Devel. Authority
REQUEST: Rezoning/Prelim. & Final
Planned Development
LOCATION: 3830 Sibley Memorial Hwy.
CASE: 19- RZ- 05- 07 -13; 19- PD- 04 -07 -13
HEARING DATE: August 27, 2013
APPLICATION DATE: July 31, 2013
PREPARED BY: Paiuela Dudziak
COMPREHENSIVE PLAN: SA /MU, Special Area /Mixed Use
ZONING: CGD, Cedar Grove District
SUMMARY OF REQUEST
The applicant is requesting approval of a Rezoning from CGD (Cedar Grove District) to PD
(Planned Development), and a Preliminary Planned Development for a mixed use development
consisting of a 4 -stoiy 190 -unit apartment building with approximately 11,000 s.f. of commercial
retail space. The subject site consists of approximately 4.98 acres and is located at the southwest
corner of Hwy. 13 and Cedar Grove Parkway. Because the proposed development is for one
building constructed in a single phase, Preliminary PD approval simultaneously constitutes
approval of the Final Planned Development, to be documented in a forthcoming Final Planned
Development Agreement.
AUTHORITY FOR REVIEW
Rezoning:
City Code Chapter 11, Section 11. 50, Subd. 5 states in part,
1. The provisions of this chapter may be amended by the majority vote of the council,
except that amendments changing the regulations of any district may only be made by an
affirmative vote of two - thirds of all members of the council.
2. The City Council shall not rezone any land or area in any zoning district or make any
other proposed amendment to the zoning ordinance without first having referred it to the
planning commission for its consideration and recommendation.
0
Planning Report — The Flats at Cedar Grove
August 27, 2013
Page 2
Planned Development:
City Code Chapter 11.60, Subd. 18, A., states the intent of the Planned Development zoning
district as follows:
Providing greater flexibility in environmental design and relaxation of strict application
of the zoning ordinance in exchange for greater creativity and environmental sensitivity.
2. Recognizing the economic and cultural advantages that will accrue to the residents of a
planned community.
3. Encouraging a more creative and efficient approach to the use of the land.
4. Encouraging the preservation and enhancement of desirable site characteristics, natural
features, and open space.
Encouraging a development pattern that is consistent with land use density, transportation
facilities and community facilities objectives of the Comprehensive Plan.
BACKGROUND /HISTORY
This area is a former commercial area that was initially developed in the 1960's. With the
realigiunent of Highway 13 in the mid- 1980's, and the opening of new retail centers elsewhere in
the City, the commercial area experienced a decline. In 1998, the City initiated the Cedarvale
Area Redevelopment Study to evaluate the area's potential to create a viable mixed use area that
would utilize the area's innate advantages (highway visibility and accessibility) while
maintaining compatible land use relationships with surrounding uses. The study resulted in the
development of the Village Plaza Redevelopment Concept (November, 1999), which was
accepted by the City Council in early 2000 and it served as the basis for the actions below.
Following the Study in October 2001, the City formally created the Cedar Grove Redevelopment
Tax Increment Financing (TIF) District, which includes the development site. The TIF District
was certified by Dakota County in July of 2003. The City approved a public improvement
project in 2001 to realign the Silver Bell Road intersection with what is now Cedar Grove
Parkway (formerly Beau d'Rue Drive) and Hwy. 13, just north and east of the subject site.
Construction was completed in 2003.
The City's Comprehensive Guide Plan was amended in 2003 with the approval of the small area
plan for Special Area #5 (Cedar Grove). The Cedar Grove Special Area plan was approved by
the Metropolitan Council in April 2003 and implemented by the City on May 6, 2003. The City
adopted the new Cedar Grove Zoning District ordinance in December 2002 and on June 3, 2003,
the City Council approved a rezoning of approximately 96 acres within the Cedar Grove
redevelopment area from various zoning districts to CGD, Cedar Grove District, including the
parcels that comprise the subject site. The City's current 2030 Comprehensive Guide Plan,
ci5c
Planning Report — The Flats at Cedar Grove
August 27, 2013
Page 3
adopted in April 2010, continues to include this property within the Cedar Grove Commons
Special Area.
Earlier this year, the City approved the Paragon Outlets development, a retail outlet center
consisting of approximately 400,000 s.f. of retail space on 24.5 acres. That project is currently
under construction. Also recently approved within the core area was a two level parking garage
providing approximately 1,500 parking stalls to be constructed by the Eagan EDA.
REDEVELOPMENT PLAN AND DISTRICT
History — The proposed project is located in the core area of the Cedar Grove Redevelopment
District. The District was created by the City in 2003 as an outcome of the conclusions of the
Cedar /13 Task Force, an ad hoc group of business people, residents, the Chamber of Commerce
and representatives of City advisory commissions. The Task Force was formed in response to
concerns by business and property owners in the area regarding the challenges the businesses and
property owners had maintaining their vitality following the replacement of the Hwy 13 -Cedar
Avenue intersection with the freeway interchange that shifted most traffic around the area and
changed the location from a pass through opportunity to one relying on destination customers for
their trade. As a consequence of this change, the area had begun to decline as businesses that
relied on the previous traffic pattern closed and relocated.
The Task Force report, referred to as the Village Plaza Plan, concluded that in order for the area
to be revitalized, it would be necessary for it to change from a predominantly community
shopping center use to a mixed use area consisting of a combination of residential, neighborhood,
hospitality and destination uses that could take advantage of its location and proximity to the
interchange and regional assets like the airport and Mall of America. It was recognized that the
combination of multiple small lots arranged around a road system that had been developed as a
state highway and frontage roads would not be assembled and converted through the private
market alone.
TIF District and Redevelopment Activities — In response to those findings, the City and its
Economic Development Authority (EDA) performed a review of the condition of the properties
and determined the area met the requirements for the creation of a redevelopment tax increment
financing district. Public hearings were held and the district was formed to facilitate the
acquisition and assembly of properties and provide for funding to offset the extraordinaiy costs
of acquisition, assembly and preparation of the area for private redevelopment. h1 a
redevelopment district, EDA's recoup such costs through a combination of the resale of the
development property and the additional tax revenue created by the new development. In this
case, the EDA has also secured grant funds to pay certain of the costs and it will continue to do
so as the redevelopment progresses. Developers who acquire property for new development
must also follow the ordinary development application and review process.
The overall goal for the area has been to reestablish it as a gateway to Eagan in a pedestrian and
transit oriented form through a combination of residential and commercial uses, incorporating
existing destination uses within the area, such as Jensen's Supper Chub and Cedarvale Lanes.
Planning Report — The Flats at Cedar Grove
August 27, 2013
Pane 4
Redevelopment projects within the district also will provide the opportunity to make trail
connections through the area between the City and regional trail systems to complete connections
from the neighborhoods to the public spaces within the area and the Minnesota River Valley trail
system.
Since 2003, the EDA has acquired properties within the area, relocated affected businesses,
cleared the property, performed environmental remediation and taken other steps to prepare the
area for new development. In parallel, the City has constructed improvements to the Hwy 13-
Silver Bell Road -Cedar Grove Boulevard -Cedar Grove Parkway intersection and roadways.
While the recession has limited investment in new development within the core area,
redevelopment and new development has occurred in the surrounding properties, including
Keystone Senior Living, Nicols Ridge Townhomes, Lincoln Place, Cedar Bluffs Business Center,
Schwan's Home Service and Eagle Ridge Condominiums. During this same time, individual
property owners invested privately in upgrades of McDonalds and the Shoppes at Cedar Grove
and the Minnesota Valley Transit Authority completed the first phase of the Cedar Grove Transit
Station, which will be one of the stops on the Cedar Avenue /Red Line Bus Rapid Transit system.
EXISTING CONDITIONS
The site was previously developed and has been cleared of buildings. Street access is currently
provided from Cedar Grove Boulevard (recently renamed Nicols Road) to the north and west and
Cedar Grove Parkway to the east and south. The site contains multiple parcels that are being
consolidated into a single lot and platted by the Eagan EDA.
Please note the directional references in the report have been simplified for ease of reference.
The Plan "north" is the frontage abutting Cedar Grove Boulevard (Nicols Road), with Cedar
Grove Parkway to the east and south. Neighboring properties Jensen's Supper Club and
Cedarvale Lanes abut the project to the west.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EON
L, x1sting Use
Zoning
Land Use Designation
North
Hwy. 13; office across
ROW; PD, Planned
ROW; SA /BP, Special
Development
Area /Business Park
East
McDonald's
CGD, Cedar Grove
SA /RC -HD, Special Area /Retail
Keystone Senior Apts.
District
Commercial and High Density
South
Lincoln Place Youth
PD, Planned
SA /HD, Special Area/ High
Housing
Development
Density
West
Cedarvale Lanes and
CGD, Cedar Grove
SA /MU, Special Area Mixed Use
Jensen's Supper Club
District
EON
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EVALUATION OF REQUEST
Description of Proposal — The applicant is proposing a mixed residential and retail /commercial
development upon the subject site. The proposed building is four stories in height, with one
level of underground residential parking beneath. Access to the underground parking is on the
north side, through the surface parking lot adjacent to Cedar Grove Boulevard (Nicols Road).
11,000 s.f of retail commercial space is located on the first floor of the northwest corner,
opposite the adjacent Jensen's Supper Club restaurant.
The building is designed with its most prominent fagade facing the Hwy. 13 and Cedar Grove
Parkway intersection. The residential building provides a mix of unit types from studio to 3-
bedroom. Common amenities on the first and second floors include "a resident fitness center, a
community and game room, and an outdoor patio with an in- ground pool and spa." In addition,
extra storage areas will be available within the underground garage "to provide residents with
storage options beyond the confines of their units."
The applicant's narrative states "we have the opportunity to create a new sense of place and a
new kind of community at the gateway to The City of Eagan." The proposed development
"seeks to anchor the east end of the CGD with a thoughtful and sophisticated design, outstanding
resident amenities and desired retail tenants ... within the Cedar Grove District Special Area."
Plated Development and Public Benefit— The property is currently zoned CGD, Cedar Grove
District. The CGD zoning district was established in 2002 as a tool to implement the principles
of the Cedar Grove Design Framework for compact mixed -use development with an urban
design that is pedestrian friendly. To this end, the CGD district establishes specific standards
related to site planning, architecture, buildings materials, landscaping, signage and other
elements.
By its nature, the Cedar Grove Redevelopment District is expected to involve compact and more
intense development than is the case in other areas of the City. While the CGD Zoning District
permits that to occur, in order to be implemented, the details of individual developments may not
align with all of the specific requirements of the Zoning District. As a consequence, the City
anticipates that the developments within the district will reflect the general expectations of the
Code, but will be implemented through Planned Development Zoning, with the specific plans
being compared to the standards of that district as well as the redevelopment goals and principles
of the Cedar Grove Commons Special Area Plan of the City's Comprehensive Guide Plan.
The Planned Development zoning affords flexibility to both the developer and the City with
the objective that the mutual flexibility benefits both parties. This proposal provides for
development of a multi -story mixed use project at a gateway corner within the core area of
the Cedar Grove Redevelopment TIF District. On the other side, the developer is requesting
some deviations to typical Code requirements such as for number and size of parking stalls,
parking in a front yard and setbacks less than 20' from a public right -of -way, and building
setbacks greater than the 0' -10' build -to line.
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This report evaluates the proposed Planned Development in comparison to the CGD zoning
district and other City zoning standards, as well as the principles of both the Cedar Grove
Commons Special Area Plan and the Cedar Grove Design Framework.
Compatibility with Surrounding Area — The surrounding area is designated for mixed uses, as is
the subject site. The area is directly adjacent to Highway 13, with two existing businesses to the
west (Jensen's and Cedarvale Lanes /Fitz's Bar and Grill). Since the implementation of the TIF
district, the Nicols Ridge towi-Ahomes, Keystone Senior Communities and Lincoln Place youth
supportive housing, have all contributed to the residential component of new development in the
Cedar Grove area, and the recent Paragon Outlets project will provide a significant amount of
commercial retail space. Additional land for future development remains available further west
adjacent to Paragon Outlets and the new parking garage.
Consistency with Comprehensive Guide Plan — State law provides for the Planning Commission
to make a determination as to the consistency of the proposal with the City's Comprehensive
Guide Plan, when a City or EDA considers the sale of property to a private entity. In that regard,
the question of consistency with the Comprehensive Guide Plan was considered by the Advisory
Planning Commission on June 25, 2013, prior to the EDA's consideration of the purchase
agreement for sale of the site to Stonebridge, LLC (the name of the purchaser has not chnaged to
The Flats at Cedar Grove, LLC).
In this case, The Flats at Cedar Grove, LLC, and the Eagan EDA have entered into a purchase
agreement for the sale of the parcel described in the development action for the proposed
development of a mixed use multiple residential and retail commercial development in the core
area of the Cedar Grove Commons Special Area. The agreement is contingent on approval of the
development proposal.
Airport Compatibility — The site is located within Airport Noise Policy Zone 4 one -mile Buffer.
Sec. 11. 64, Aircraft Noise Zone Overlay District, applies to new construction within this area.
Within the Buffer of Zone 4, multi - family residential uses with shared entrance are considered
compatible.
Lots — The site consists of multiple parcels which have been acquired by the Eagan EDA as part
of the Cedar Grove Redevelopment District. The property that comprises the subject site will be
platted into a single parcel consisting of approximately 4.98 acres.
Site Plan — The site plan proposes a roughly V- shaped building, situated with the vertex facing
the intersection of Cedar Grove Boulevard and Cedar Grove Parkway. This intersection is
adjacent to Hwy. 13 at this gateway to Eagan and entrance to the Cedar Grove area, and the
orientation of the building establishes building along the majority of street frontage abutting the
site. The proposed four -story building will have one level of underground parking, and most of
the surface parking will be within the center court area, screened from the public right -of -way by
the building. One surface parking lot with street frontage on Cedar Grove Boulevard (Nicols
Road) is located on the north side of the west end of the building. This is near the commercial
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Plaiming Report — The Flats at Cedar Grove
August 27, 2013
Page 7
retail component of the building and also serves as access to the residential underground parking
garage.
Setbacks — The CGD zoning district establishes a minimum front yard setback of 0 feet and
maximum of 10 feet, a minimum setback of 0 feet for side yards, and a minimum setback of 20
feet for rear yards. Parking setbacks are a minimum of 5 feet on side and rear yards, and 20 feet
in front yards adjacent to public right -of -way.
The proposed project maintains structure setbacks from public rights -of -way of 28.4' along
Cedar Grove Parkway. At the southern corner of the building, its closest point, the structure
setback is 15.8'. On the north side adjacent to Cedar Grove Boulevard, the proposed structure
setback is 31' — 36.3'.
Where parking abuts the right -of -way on the not side adjacent to Cedar Grove Boulevard,
parking setbacks are 5' or less along most of that length. These proposed parking setbacks do
not satisfy CGD Standards, which require 20' of setback adjacent to a public right -of -way. The
Landscape Plan does provide for a solid hedge between the parking lot and street, which does
meet the screening objective of the CGD ordinance.
Interior stricture setbacks exceed 40' from adjacent properties. Pavement setbacks are 5.4' from
adjacent property at the closest point, and vary from 8' to 14' at other points. The southerly
driveway access from Cedar Grove Parkway crosses the adjacent Cedarvale Lanes property, a
condition which is discussed in elsewhere this report.
Lot Coverage /Density — Consistent with the goal of achieving a more urban redevelopment and
providing maximum flexibility for a mix of residential uses consistent with the long -term goals
of the Cedar Grove District, CGD zoning does not specifically define density for residential
development, or establish a maximum building to lot area coverage ratio.
The proposed residential density of this project is 190 units on 4.98 acres, or 38.15 units per acre,
plus 11,000 s.f. of retail within the same building. The building to lot area coverage ratio is
29.6 %.
Parking — The project provides a total of 412 parking stalls, with 174 underground and 238 in
surface lots, for a total of 412 stalls. 53 stalls are allocated to the commercial retail component,
as compared to 54 required by City Code, leaving 359 stalls allocated to residential parking.
CGD zoning requires that residential parking be specifically reserved for use of residents and
visitors only and cannot be counted as part of any shared parking or joint parking arrangement.
For multiple - residential projects, City Code requires one underground parking stall and one
surface stall for each unit. For the proposed 190 unit building, a total of 380 parking stalls would
be required, as compared to 359 stalls proposed. Combined with the one stall difference for the
retail component, the proposal results in an overall shortfall of 22 stalls.
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Planning Report — The Flats at Cedar Grove
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Paae 8
The applicant's narrative discusses an approach to needed parking based on the unit mix and the
experience of other sirnilar projects, with studio and one bedroom units requiring fewer parking
stalls than 2 and 3 bedroom units. Using this approach, the applicant believes the proposed
amount of parking is sufficient to meet residents' needs.
Parking Stall Size /Aisle Width - Parking stalls in the surface lots are proposed to be 9' wide by
18' deep. This is a deviation from the City Code standard of 10' x 19'. The 9' stall width is
consistent with industry standards and a 9' stall width has been utilized elsewhere in the City,
including Eagan Promenade and Paragon Outlets. City Code requires two -way drive aisles in
parking lots to be a minimum of 24' in width; this dimension is provided throughout the site.
Parking Lot Design — The CGD zoning district requires specific landscape design standards for
parking lots. The surface parking lot on the north side does not meet the specific design
standards in the CGD zoning district which require parking to be provided in side and rear yards
rather than front yards and limit parking lot width along a public street to 50'. This north parking
area also serves as the driveway access to the underground garage entrance. Relative to the
amount of street frontage on the site, the site layout does appear to maximize building frontage
and limit parking frontage. The Planned Development zoning provides flexibility to
accommodate the proposed design, while not requiring strict adherence to these specific
performance standards of the CGD zoning district.
The CGD zoning district also requires specific landscape standards for surface parking lots.
These include providing a tree on each landscaped island, and installing one tree every 25' along
the site perimeter where parking abuts a street. Other portions of the City Code require planting
islands to visually break up expanses of hard surface parking areas, to provide safe and efficient
traffic movement, and to define rows of parking. The proposed parking lot design does provide
islands which are proposed to be planted with deciduous trees. Because of the narrow setback in
that area, trees are not proposed along the perimeter of the north parking lot abutting Cedar
Grove Boulevard (Nicols Road), however that area is proposed to be landscaped with hedge
materials for screening.
Parking lot islands are typically required to occupy at least 5% of the parking area, which is
equivalent to a 5 -stall area for every 100 parking stalls, and CGD zoning specifically requires
that the islands be a minimum of 150 s.f. in area (one 9' x 18' parking stall = 162 s.£) and
planted with at least one tree. The site plan provides islands that appear to meet these standards.
Calculations should be provided on the Final Site and Landscape Plans for the Final Plaruled
Development Agreement.
Site Li lg Ming — Parking lot lighting is provided by both single and double arm fixtures, pole -
mounted at 20' height, the maximum allowed in CGD zoning. The fixtures are horizontal and
downcast with 350 w metal halide lights. The submitted photometrics are generally consistent
with typical lighting standards. In general, light spillover off the property is minimal, and
illumination does not exceed 1.0 footcandle at the property line with the sole exception being at
the corner of the adjacent Cedarvale Lanes property, where the proposed driveway and a few
parking stalls are proposed to encroach onto that lot. With private easements in place for such an
n"
Plamling Report — The Flats at Cedar Grove
August 27, 2013
Paae 9
encroaclunent, appropriate lighting should be provided for that area. In a few locations at the
outer edges of the parking lots, light levels drop below the minimum 0.5 footcandles. Average to
minimum ratios are 7.53 to 8.97; ratios above 4.0 generally indicate greater variation in light
levels. The developer should provide adjustments to the Final Site Lighting Plan to bring the
average to minimum ratios closer to 4.0 and achieve minimum light levels of 0.5 footcandles
throughout the parking lots.
Accent lighting or architectural and security illumination of the building exterior are not shown
on the Lighting Plan. The Final Site Lighting Plan should include these lights and photometric
information as well.
A lighting plan was not provided for the underground parking area with this submittal. COD
zoning requires that lighting in interior parking areas shall average two footcandles with a
minimum of one -half footcandle in all locations. A lighting plan for the underground parking
level should be provided at the time of building permit, which demonstrates compliance with the
photometric standards in the City Code.
Green Space — The COD ordinance does not set any-standard for green space, and stone drainage
and water quality treatment are handled in area ponds. The Site Plan provides 20.4 % green space
and 79.6% impervious.
Building Architecture and Materials — The proposed building has a flat roof and private resident
balconies. The northwest corner of the ground level contains 11,000 s.f. of retail commercial
space. The building exterior treats each facade of the building with the same architectural
features and materials, utilizing equal amounts of primary materials on all facades. The
applicant's narrative states the building provides "an urbanized modern expression along the
exterior." Because of the size of the building, "massing is broken down into smaller pieces using
form, color and material to define individual masses" within a larger cohesive whole.
The most prominent facade of the building is located at the intersection of Cedar Grove
Boulevard (Nicoll Road) and Cedar Grove Parkway. This frontage overlooks the pool deck, and
the narrative indicates that extra windows were added and ceiling heights increased on the 41h
floor to allow for a taller more pronounced parapet to highlight and anchor this corner. The
commercial /retail spaces on the northwest corner "features the most modern expression of the
building" and "the use of detail, material and scale separates this section from the rest of the
building and invites customers in with large friendly glazed storefronts."
Proposed building materials consist of modular brick in two tones -- red and tan, with light
brown and dark brown corresponding concrete masonry units. Three colors of cement fiber
board (dark gray, light gray and white) are proposed, with gray window trim and a blue -gray
window flashing. According to the applicant's narrative, blue /gray colors "enliven the brick
tones."
The COD zoning district establishes that primary materials cover at least 60% of the facade, and
secondary materials occupy not more than 30% of the facade. Accent materials may make up not
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Planning Report — The Flats at Cedar Grove
August 27, 2013
Paae 10
more than 10 %0. Primacy materials include brick, stone and glass; secondary materials may
include decorative block or integrally - colored stucco. Cement Fiber Board is a material not
specifically identified in the CGD architectural provisions. The project architect provided this
additional information about the product: Cement Fiber Board is a "non - combustible, durable
and rot resistant material." With the use of recommended exterior grade paint, "CFB requires
little or no up -keep maintenance" and is "equivalent to stucco products in both look and
performance." Accordingly, the developer's architect has classified the CFB as a secondary
material, which seems appropriate given that it is neither a primary material nor a prohibited
material in CGD. Additionally, all primary and secondary materials are to be integrally colored.
The proposed brick and textured concrete masonry unit are integrally colored, the cement fiber
board and metal flashing have an applied finish.
The proposed primary materials are brick and glass which comprise 57% of the fagade area.
Secondary materials include the various colors of cement fiber board and textured concrete
masonry unit which comprise 37 % of the fagade. Accent materials make up the remaining 6 %.
These ratios do not quite meet the CGD standards. The acceptability of the proposed building
materials is a policy matter to be determined by City officials.
Design Standards for Multiple Residential Uses — The City Code contains these additional
standards for multiple residential uses:
The CGD ordinance requires the first floor elevation of residential buildings be at least 2.5'
above street level in the front yard. The City Engineer indicates that the project proposal meets
this standard. In addition, each first floor unit is to have a separate entrance directly to the street
which meets ADA and other applicable access requirements. The proposed building does
provide each first floor unit with a patio door/balcony area with railing, however, these doors do
not serve as access to the street, which is the intent of this Code provision. The direct access
requirement of the CGD ordinance was intended to create front porches to reinforce walkability
and connection, however, with this site fronting on major collector roadways, such direct access
to the street is less desirable.
City Code also requires that multiple residential buildings provide additional storage space in the
amount of 150 cubic feet per unit, exclusive of the storage space within the unit itself. The
proposal includes 115 storage lockers within the underground garage. Each storage locker is
estimated to be 160 cubic feet (4' x 5' footprint 8' high). With 190 units in the building, the
amount of additional storage provided is less than the Code standard. Additional storage space
should be provided to meet the City Code standard of at least 150 cubic feet per unit and a
condition of approval has been included to this effect.
City Code requires consistent interior window treatments for windows that are visible from a
public street or open space in offices and multiple residential complexes.
Siege — Signage for the commercial component is provided through building mounted signs.
A sign band is designated for tenant signage above the commercial storefronts. The designated
sign areas vary in length with the size of the tenant space (from 15' to 25'). Tenants facing the
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Plaiming Report — The Flats at Cedar Grove
August 27, 2013
Pane 11
Cedar Grove Boulevard and Hwy. 13 to the northwest are afforded signs 3'8 "in height, and those
facing southwest and southeast are 2'8" in height. All designated tenant signs should be of a
consistent design (channel letter, halo lit, etc.), and no cabinet or can signs should be permitted.
An entrance monument sign is proposed at the southerly driveway to Cedar Grove Parkway.
While no sign detail was provided, the Plan indicates "masonry piers with decorative metal fence
infill to coordinate to match existing Cedar Grove Area sigh." The monument are showsn to
meet the minimum 10' setback from property lines. Such signs should not
With the relocated and shared access with Jensen's restaurant, the Site Plan shows a relocated
pylon sign at the northerly driveway for Jensen's. This would constitute an off - premise sign and
is not allowed. The parties continue to discuss signage associated with the change to the shared
access configuration.
Building Address Numbers — Building address numbers should be installed consistent with the
provisions of Section 2.78 of City Code.
Mechanical Equipment /Trash Storage — Rooftop mechanical units are not specifically addressed
in the architectural plans and are not shown on the building elevations. Rooftop units should be
identified on the plans submitted for Building Permit. City Code requires a minimum 30"
parapet for new buildings, and that mechanical units be placed at least 20' from the edge of the
building.
Rooftop mechanical units should be shown on the Building Elevations at the time of building
permit, and placement of units 20' from the building edge, and minimum 30" parapet height
should be demonstrated. If these measures alone do not fully screen some equipment, additional
screening measures should be employed in accordance with City Code.
A transformer is located at ground level off the south side of the patio feature at the northeast end
of the project. Screening is proposed to be accomplished through landscaping.
Trash storage should be located within the building and fully screened from off -site views.
Landscaping - The landscape plan provides for a variety of evergreen and shade trees, as well as
foundation and entrance plantings consisting of shrubs, perennial and ornamental grasses.
The CGD zoning district includes specific design standards for landscaping including placement
of trees every 25' where parking abuts the site perimeter, one overstory tree for every 500 sq. ft.
of landscape area on the site, certain prohibited species and other species to be used only in
certain circumstances, such as evergreen trees only in areas protected from winter wind
conditions.
Parking lot islands are proposed to be planted with shade trees. CGD zoning requires at least one
tree in each island. Evergreen trees are used sparingly as they require more growing room and
there is little need for screening. Even so, in the locations where screening is desired and
evergreen trees are utilized, the landscape plan appears overly optimistic in spacing fir and spruce
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Planning Report — The Flats at Cedar Grove
August 27, 2013
Page 12
trees 10 feet apart when they have a mature width of 20 -25 feet. Consideration should be given
to using a smaller more upright species, such as an upright yew or arbor vitae, which may be
better suited to those locations where an evergreen material is desired, and growth space is
limited.
The perimeter of the site is planted with shade trees, primarily Swamp White Oak and Red Maple
with some groupings of ornamental trees. Along Cedar Grove Parkway, the proposed new trees
complement those that are existing along that street boulevard. On the north side of the site
where parking abuts a public street, there is little space within the setback area to plant trees, and
such large growth materials may interfere with utilities in that area. A staggered row of alpine
currant shrubs are proposed.
With existing mature trees on the adjacent property to the west, no additional plantings are
proposed in that area. If the location of utilities does not present a conflict in this area, some
shrub or perennial plant beds should be added within this site to create additional buffer and
improve aesthetics.
Topography /Grading - The site is generally open with almost no trees, and slopes from southwest
to northeast, with elevations ranging from 794. to 802.
The preliminary grading plan is acceptable. The entire site will be disturbed in preparation for the
proposed buildings and parking lots. All erosion/ sediment control plans submitted for
development and grading permits should be prepared by a designer who has received current
Minnesota Department of Transportation (MNDOT) training, or approved equal training as
determined by the City Engineer in designing stormwater pollution prevention plans. Also, all
personnel responsible for the installation of erosion/ sediment control devices, and the
establislnnent of vegetation for the development, should have received Erosion/Sediment Control
Inspector /Installer certification through the University of Minnesota, or approved equal training
as determined by the City Engineer. Also, all public and private streets, drainage systems, and
utilities necessary to provide service to this development should be designed and certified by a
registered professional engineer in accordance with City adopted codes, engineering standards,
guidelines, and policies.
Storm Water Management /Water Quality - The preliminary storm drainage plan is acceptable.
The entire site lies within Drainage District A (as designated in the City Stonn Water
Management Plan — 2007), and generally flows north toward Highway 13 and Pond AP -52
within the Cedar Grove Boulevard and Highway 13 right -of -way. Overland drainage from the
Cedarvale Lanes site currently flows to this site and is proposed to be included with the new
storm sewer system. Private drainage and utility easements should be required between the three
adjacent properties (The Flats at Cedar Grove, Jensen's, and Cedarvale Lanes) to address
common drainage.
This redevelopment is subject to the City's post construction requirements (City Code §4.33) for
storm water management and surface water quality. These regulations include: design standards
for volume control and reduction; total phosphorus control; total suspended solids control; oil
Planning Report — The Flats at Cedar Grove
August 27, 2013
Page 13
and grease control; and runoff rate control — performance standards. They also provide for:
minimization of impervious surface area and maximization of infiltration and retention;
acceptable complementary storm water treatments; pond requirements; regional ponding; and
maintenance of private storm water facilities. According to §4.33, redevelopment projects such
as this need primarily to meet requirements for storm water associated with increases in
impervious surface, as compared to the original development (i.e., Cedar Grove). The City has
determined overall redevelopment of the designated Special Area is not well suited to fulfill
§4.33 requirements on -site. Pond AP -52 is being modified as part of the City's public
improvement project (Cedar Grove Boulevard — Phase II, Project No. 1088), and will provide
storm water management per City standards for the entire redevelopment area, including this
proposed development.
Wetlands — Because there are no wetlands on site, City Code §11.67, wetland protection and
management regulations, does not apply.
Utilities —The preliminary utility plan is acceptable, with modifications. Trunk and lateral
sanitary sewer and water main of sufficient size, depth, and capacity are available for connection
to serve the development. Sanitary sewer District W (as designated in the City's Comprehensive
Sanitary Sewer Plan) serves the entire site. This development should provide hydrant spacing
and locations in accordance with City Fire Department and Public Works standards. The
preliminary utility plans show storm sewer and water main under the driveways shared with the
neighboring properties, however, they do encroach into the Cedarvale Lanes property. Private
drainage and utility easements and maintenance agreements should be required between the
properties to address utilities located outside the site's property lines.
The preliminary utility plans show private water main entering the west side of the site to connect
to the building and provide hydrant coverage to the southern side of the site. The water main is
currently not designed to be "looped" through the system. Looping consists of connecting the
water main to existing mains in multiple locations to provide redundancy and reduce the
likelihood of shutting down the entire development when maintenance or repairs are being
performed. It is standard engineering practice to provide loops where reasonably possible when
numerous residential and /or commercial properties are potentially impacted. This water main
can be looped by extending it approximately 280 feet to the east to connect it to the 8" water
lateral on the east side of Cedar Grove Parkway (approximately $15,000). For reliability of the
water system to this development, the water main should be looped through the site.
Streets /Access /Pedestrian Circulation — Access for the development is proposed via public
streets: Cedar Grove Parkway to the south and east, and Cedar Grove Boulevard (Nicols Road)
to the north. The Cedar Grove Boulevard access will be a shared driveway with Jensen's Supper
Club. The existing driveway will be relocated slightly to the east, and modifications to the
painted median will need to occur to accommodate the new driveway location. The Cedar Grove
Parkway access will be a shared driveway with Cedarvale Lanes, and modifications to the
painted median on Cedar Grove Parkway will be necessary to accommodate the new driveway
location. A private access agreement with the three properties should be required to allow
access and circulation to all three sites. Because of the new access easement, the applicant shall
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Planning Report — The Flats at Cedar Grove
August 27, 2013
Page 14
cause the existing driveway accesses from Jensen's to Cedarvale Blvd (Nicols Road) and the
Bowling Center to Cedarvale Parkway to be closed in a maiuier acceptable to the City Engineer.
Pedestrian access and circulation will be provided through concrete sidewalks within the site
area, and a new trail along Cedar Grove Parkway between Cedar Grove Boulevard (Nicols Road)
and the shared entrance with Cedarvale Lanes, as shown on the site plan, proposed to be
constructed by the developer.
Easements /Rights of Way/ Permits — The developer should obtain all outside agency permits as
necessary for completion of the site improvements.
Private Access and Drainage & Utility Easements with the adjacent properties (Lots 1 and 2,
Block 1, Cedarvale 2nd Addition) shall be required as necessary for access, drainage, and utility
purposes, in a form acceptable to the City Attorney.
Tree Preservation — The site was previously developed and cleared of old buildings and
landscaping. There are boulevard trees along Cedar Grove Parkway which will remain on the
perimeter of the site. Trees the form the backdrop of the City identification sign on the corner of
Cedar Grove Boulevard (Nicols Road) and Cedar Grove Parkway will be removed or relocated;
new landscaping will be installed in this area to accommodate the site development.
Financial Obli ag tion — At this time, there are no pending assessments on the parcels proposed for
platting. Based upon a study by City staff of the financial obligations collected in the past and
proposed use for the property, the following estimated charges will be collected at time of final
subdivision or connection to the City's utility system. This development should 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. The final charges will be
computed using the rates in effect at time of connection or subdivision. The estimated financial
obligation is subject to change based upon the areas, dimensions and land uses contained in the
final subdivision or plat, with due allowances for easements and right -of -way required with the
plat:
Improvement
Rate
Quantity
Amount
Water Lateral
$ 34.17 / L.F.
208 L.F.
$ 7,107
Sanitary Sewer Lateral
$ 43.50 / L.F.
208 L.F.
$ 9,048
Storm Sewer Lateral
$ 41.90 / L.F.
152 L.F.
$ 6,369
Total $22,524
Parks and Recreation — This development is responsible for cash park and trail dedications. City
Policy allows for credit to be given to a Developer for constructing trails that have a public value.
A review of the Site Plan identifies the trail along the east edge of the site, and a sidewalk
segment at the western corner of the property to have public benefit as they make a public
comlection between the development and locations outside the site, or to the larger network of
qq
Planning Report — The Flats at Cedar Grove
August 27, 2013
Paae 15
community trails and planned trails in the area. These segments are estimated at approximately
505 lineal feet.
Based on the 2013 Fee Schedule, estimated dedications are as follows. The dedications will be
recalculated based on actual construction plans at the time of building permit and collected prior
to release of the building permit.
Park Dedication: $619,839
190 units at $3,212 per unit = $610,280
11,000 s.f. of commercial at $869/1000 s.f. _ $9,559
Trail Dedication: $32,950
Residential = 190 units at $250 per unit = $47,500
Commercial = $600.48
($1,251 per net acre -- 11,000 s.f. + associated parking (53 9'x18' stalls plus 24'
drive aisle) is approx. 21,017 s.f or 0.48 acres x $1,251 = $600)
Less credit for trails that have public value — 505 lineal ft. at $30 per lineal ft. _ ($15,150)
Total cash dedication due = $47,500 + $600 - $15,150 = $32,950
SUMMARY /CONCLUSION
The applicant is proposing ton construct a 4 -story 190 -unit apartment building providing a mix of
unit types from studio to 3- bedroom, with approximately 11,000 s.f. of commercial retail space at
the east end of the core area of Cedar Grove Redevelopment District. This mixed use project
involves a Rezoning of the property from CGD (Cedar Grove District) to PD (Planned
Development), and a Preliminary Planned Development. Because the proposed development
is for one building constructed in a single phase, Preliminary PD approval simultaneously
constitutes approval of the Final Planned Development.
The subject site consists of approximately 4.98 acres and is located at the southwest corner of
Hwy. 13 and Cedar Grove Parkway. The site is being assembled and platted by the Eagan EDA,
and the EDA has entered into a purchase agreement with The Flats at Cedar Grove, LLC to sell
the land.
The building is designed with its most prominent fagade facing the Hwy. 13 and Cedar Grove
Parkway intersection. Access to the underground parking is on the north side, 11,000 s.f. of
retail commercial space is located on the first floor of the northwest corner, opposite the adjacent
Jensen's Supper Club restaurant. The site design incorporates shared driveways from Cedar
Grove Boulevard and Cedar Grove Parkway with neighboring properties to the west.
The City has anticipated that specific developments within the Cedar Grove Redevelopment
District will reflect the general expectations of the Code, but will be implemented through
Planned Development zoning. The Planned Development zoning affords flexibility to both the
developer and the City with the objective that the mutual flexibility benefits both parties. This
G�
Planning Report — The Flats at Cedar Grove
August 27, 2013
Paae 16
proposal provides for development of a multi -story mixed use project at a gateway comer within
the core area of the Cedar Grove Redevelopment TIF District. To accomplish that, the developer
is requesting some deviations to typical Code requirements as outlined in the report.
ACTION TO BE CONSIDERED
To recommend approval of a Rezoning from CGD (Cedar Grove District) to PD (Planned
Development) for approximately 4.98 acres located southwest of the intersection of Hwy. 13 and
Cedar Grove Parkway.
To recommend approval of a Preliminary Planned Development for a mixed use development
consisting of a 4 -story 190 -unit apartment building with approximately 11,000 s1 of commercial
retail space located upon approximately 4.98 acres located at the southwest conger of Hwy. 13
and Cedar Grove Parkway. Preliminary PD approval simultaneously constitutes approval of the
Final Planned Development, to be documented in a forthcoming Final Planned Development
Agreement.
If approved the following conditions shall apply:
1. The property shall be platted.
2. A Final Planned Development Agreement shall be executed for the development prior to
issuance of a building permit. The following plans are necessary for the Final Planned
Development Agreement:
® Final Site Plan
• Final Building Elevations
• Final Site Lighting Plan
• Final Landscape Plan
• Final Signage Plan
3. Calculations for the parking lot islands shall be provided on the Final Site and Landscape
Plans for the Final Planned Development Agreement.
4. The Final Site Lighting Plan shall include accent lighting or architectural and security
illumination of the building exterior and photometric information.
The developer shall provide adjustments to the Final Site Lighting Plan to bring the
average to minimum ratios closer to 4.0 and achieve minimum light levels of 0.5
footcandles throughout the parking lots.
6. A lighting plan for the underground parking level should be provided at the time of
building permit, which demonstrates compliance with the photometric standards in the
City Code.
acp
Plam-iing Report — The Flats at Cedar Grove
August 27, 2013
Page 17
7. Additional storage space should be provided to meet the City Code standard of at least
150 cubic feet per unit.
8. Consistent interior window treatments shall be provided for windows that are visible
from a public street or open space in offices and multiple residential complexes, in
accordance with the City Code.
9. Building address numbers shall be installed consistent with the provisions of Section 2.78
of City Code.
10. Rooftop mechanical units shall be shown on the plans submitted for Building Permit,
with screening provided in accordance with City Code requirements.
11. Trash storage shall be located within the building and fully screened from off -site views.
12. The Final Landscape Plan shall include some shrub or perennial plant beds along the west
side of the site, if no conflict with utilities is present. Consideration also shall be given
to using a different species of evergreen which may be better suited to those locations
where an evergreen material is desired and growth space is limited.
13. All erosion/ sediment control plans submitted for development and grading permits shall
be prepared by a designer who has received current Minnesota Department of
Transportation (MNDOT) training, or approved equal training as determined by the City
Engineer in designing stormwater pollution prevention plans. Also, all persomiel
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.
14. 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.
15. This development shall provide hydrant spacing and locations in accordance with City
Fire Department and Public Works standards.
16. This development shall loop the water main through the site.
17. Private Access and Drainage & Utility Easements with the adjacent properties (Lots 1 and
2, Block 1, Cedarvale 2" d Addition) shall be required as necessary for access, drainage,
and utility purposes, in a form acceptable to the City Attorney.
18. Because of the new access easement, the applicant shall cause the existing driveway
accesses from Jensen's to Cedarvale Blvd (Nicols Road) and the Bowling Center to
Cedarvale Parkway to be closed in a manmer acceptable to the City Engineer
q11
Plam ing Report — The Flats at Cedar Grove
August 27, 2013
Paae 18
19. The developer shall obtain all outside agency permits as necessary for completion of the
site improvements.
20. 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.
21. This development is responsible for cash park and trail dedications. The dedications will
be calculated based on actual construction plans at the time of building permit, at the rates
then in effect, and payment collected prior to release of the building permit.
•,,
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Project Name: The Flats at Cedar Grove
Legend
Request: Rezoning; Prelim. & Final Planned Development 44MM
Case Nos.: 1&,, City Boundary
19- RZ- 05- 07 -13; 19- PD- 04- 07 -13; 19- FD- 05 -07 -13
Parcels
Parks /
City of Eap Buildings N
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411b� City of Ekah Current Zoning and Land Use Map
Application: The Flats at Cedar Grove
Type: Rezoning; Prelim. & Final Planned Development
Case No.: Case Nos. 19-RZ-05-07-13; 19-PD-04-07-13; 19-FD-05-07-13
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PRELIMINARY PLANNDED DEVELOPMENT
SUBMITTAL NARRATIVE 2
THE FLATS AT CEDAR GROVE
EAGAN, MINNESOTA
JULY 31, 2013
To whom it may concern:
The Flats at Cedar Grove, a Stonebridge Community, is proposing to construct a 190 unit, four story
market rate housing project. The building will offer residents parking in the underground garage as well
as in the surface parking lot. The building will feature attractive amenities on the 15` and 2nd floors such
as, a resident fitness center, a community and game room, and an outdoor patio with and in- ground
pool and spa. This four story apartment building would have a flat roof and private resident balconies.
Grounds will be tastefully landscaped and pedestrian friendly. The northwest corner of the V floor is
reserved for a 11,000 GSF retail /commercial space. Pending approval, The Flats at Cedar Grove is
planning to start construction in October 2013 and is hopeful to begin leasing tenants by fall of 2014.
The Flats at Cedar Grove will be the most recent addition of Stonebridge Communities. Other locations
around the metro area include: Hearthstone Apartments and Townhomes in Apple Valley, River Crossing
Apartments and Townhomes in St. Paul, Waterford Commons in Rosemount, and Lakeville Woods in
Lakeville.
This development will provide a variety of unit layouts and sizes to meet the needs of a very diverse
group of tenants. Studio apartments from 624 SF all the way up to 1,516 SF three bedroom units are
included in the design. We expect to see a range of ages, incomes, and household sizes. In addition to
the common area amenities, the garage level features extra storage areas to provide residents with
storage options beyond the confines of their units. With that in mind, our unit plans, building elevations
and resident amenities feature elements that will appeal to any future tenant.
The exterior language of the building has been carefully designed in order to integrate this development
into the existing fabric of the neighborhood but also allow it to stand out as a new and exciting feature
for the City of Eagan. In keeping with City Code, each elevation of the building has been treated as if it
were the front elevation. Equal amounts of primary materials are used on all facades. The primary
materials of brick and glass relate to the high density housing buildings adjacent to the site as well as the
new Paragon Outlet Mall down the street. The paint colors selected for the cement fiber board panels
are a neutral but modern palette, The blue /gray colors are rich and enliven the brick tones which are
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then divided by the cream field color areas. Please see the attached Materials Board Exhibit for all of
the exterior material selections.
The Flats at Cedar Grove creates an urbanized modern expression along the exterior. The building is
very large so the massing is broken down into several smaller pieces using form, color, and material to
define individual masses within a larger whole. Corners are underplayed, using only windows, cement
fiber board panels, and a simple parapet, in order to focus attention on the main masonry defined
sections. The brick subdivisions are further expressed by recessed resident balconies, fenestrations, and
paint colors. The most prominent facade of the building is located at the intersection of Nichols Rd and
Cedar Grove Parkway. As a way to highlight this frontage, which overlooks the pool deck, extra glazing
was added to the facade and the ceiling heights were increased on the 4th floor to allow for a taller more
pronounced parapet to anchor this key corner. The final element of the exterior elevations is the Vt
floor commercial /retail spaces on the west side along Nichols Road. This area features the most modern
expression of the building. The use of detail, material, and scale separates this section from the rest of
the building and invites customers in with large, friendly glazed storefronts. The signage ledge protects
residents above from glare in addition to framing the boundaries of the commercial /retail zone. The
large facades are detailed to use materials and color to define areas of the building but at the same time
integrate well with one another. This has created a cohesive overall design that fits in with the identity
of the existing community as well as highlighting The Flat at Cedar Grove as a destination.
Directly to the west of this site are two well established businesses, Jensen's Supper Club and Cedarvale
Lanes. Our site plan design takes advantage of existing traffic patterns and will share entrance drive
access with both establishments. The City of Eagan is currently working with the business owners to
create shared access easements at these locations. We are also working with The City of Eagan to
create a maintenance agreement for the existing monument sign at the northeast corner of the site.
The Cedar Grove Area was once the 'downtown' of Eagan, historically an urban centered mixed use
area. The Cedar Grove Redevelopment hopes to bring that image back and re- create the true gateway
of The City of Eagan. In keeping With that idea, our plans are considerate of a more urban design. The
amount of parking is a big issue for this site. We want to provide adequate parking spaces for the
residents and guests of the building as well as the retail customers and employees but we don't want to
end up with a site overrun with only parking lots.
Our plans for the 190 unit building currently show 174 underground garage parking stalls and 238
surface parking stalls. According to the City Code, each apartment unit should have (1) garage and (1)
surface parking space. This is a one - size - fits -all approach to parking needs. Based on our past
experience and the expected tenant demographics, we would like to propose an alternate parking
strategy (See the attached Parking Exhibit). We feel that parking requirements should be more unit
specific. For example, the smaller units (studios and many of the one bedroom apartments) would not
need to have (2) dedicated parking stalls at all times. We would suggest a (1.5) parking stall multiplier
for the one bedroom units and a (1) parking multiplier for the studio units. With the availability of
nearby employment as well as access to the Cedar Grove Transit Station it is likely that many of the
small unit residents will be single occupants or one car households. In addition, Stonebridge
Communities has experienced parking vacancies in their other market rate apartment properties
because many residents choose not to use underground parking stalls. This site not only has direct
connections to rapid transit options but also special bicycle parking areas in the underground garage.
These are all efforts to keep the project urban focused and encourage alternate means of
transportation. Please see the attached Parking Exhibit for a full breakdown of our proposed calculation
that supports the current parking design.
The retail /commercial tenant spaces are currently unknown occupants. We are defaulting to the Retail
Store parking requirements until a tenant is determined. The ideal tenant would be a daytime oriented
business to reduce nighttime parking loads around the area. Out of the 238 surface parking stalls, 53 of
them are dedicated to the retail /commercial tenant.
The project team believes that this is a perfect site for The Flats at Cedar Grove Planned Development.
We have the opportunity to create a new sense of place and a new kind of community at the gateway to
The City of Eagan. With quick and easy access to major transportation routes and the excitement of the
Paragon Outlet Mall development, this project will go hand in hand with Eagan's efforts to revitalize the
district. Our proposed development seeks to anchor the east end of the CGD with a thoughtful and
sophisticated design, outstanding resident amenities and desired retail tenants in order to enhance this
key site within the Cedar Grove District Special Area.
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REZONING SUBMITTAL NARRATIVE 2
THE FLATS AT CEDAR GROVE
EAGAN, MINNESOTA
JULY 31, 2013
WHAT IMPACT DOES THE REZONING HAVE ON SURROUNDING PROPERTY AND LAND USES?
The rezoning will have little or no impact on surrounding property and land uses because the
proposed rezoning is in keeping with the Mixed Use category. The City of Eagan planned for this area to
contain a variety of different Land Use categories and the proposed rezoning to PD (Planned
Development) will allow for both housing and retail /commercial uses to be developed within the same
site. The zoning will essentially stay the same; therefore it will not impact the surrounding properties or
land uses.
WHAT IMPACT DOES THE REZONING HAVE ON THE SUBJECT PROPERTY?
The proposed rezoning to PD (Planned Development) will be beneficial to the site because it will
make use of currently vacant land, anchor the East end of the Paragon Outlet mall development, and
enhance the overall area as a destination for living, dining, and shopping.
WHAT IMPACT DOES THE REZONING HAVE ON CITY SERVICES, SUCH AS SEWER, WATER,
STORMWATER RUN -OFF AND ROADS?
The CGD (Cedar Grove District) was created in anticipation of this kind of redevelopment.
According to The City of Eagan's 2030 Comprehensive Plan, the CGD Land Use Plan includes, Mixed Use,
High Density Residential and Retail Commercial. The proposed PD zoning is in keeping with these Land
Uses and impact on city services (sewer and water) would be expected.
Stormwater Management Plans have already been created and executed as a result of the
Paragon Outlet Mall development.
According to the Transportation studies included in The City of Eagan's 2030 Comprehensive
Plan, additional traffic studies will need to be conducted as redevelopment of this area continues.
DOES THE REQUESTED LAND USE PROPOSED BY THE REZONING RESULT IN A BETTER USE OF THE
LAND?
The Flats at Cedar Grove Planned Development is in keeping with The City of Eagan's vision to
revitalize the Cedar Grove Special Area. This project will help transform the main entrance of the Cedar
Grove District from a vacant lot into a vibrant and inviting destination to live and shop. The urban
focused design creates a walkable site and takes advantage of the Minnesota Valley Transit Authority's
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Cedar Grove Transit Station. This development will integrate well into the existing fabric of the
community, adjacent to already established multi - family housing and retail /commercial businesses.
RECEIVED JUL 3 1 2013
�a I
Pam Dudziak
From: Wally Johnson [ mailto: wjohnson @stonebridgecommunities.com]
Sent: Tuesday, August 27, 2013 9:18 AM
To: Jon Hohenstein
Subject: The Flats at Cedar Grove
went through the Planning Report for the hearing this evening. It is generally straightforward but
there is one issue that I am not sure how to resolve. We physically do not have the room in the
project to meet the storage locker requirement. We have not had this condition on any of our previous
multifamily developments and have typically satisfied the needs of the residents with large walk in
closets, large entry closets, laundry areas with additional shelving, dens with closets, etc. — it has not
been an item of demand by residents and a reason for not renting with us. Some developments have
a select number of storage lockers and they charge a premium for these but many of them go
unrented. Newer developments are working to meet the space needs of residents within the unit
through what I have mentioned above — closets, shelving, large kitchens, pantries and the Like.
Further, storage areas outside of the unit can present a problem because it is unknown what a
resident might choose to store in them. The ones we are showing are in the garage area and they are
open wire units that are covered with sprinkle protection and management can do a quick visual to
see what is stored in them. We do not have any further areas of the garage to add any more of these
units. We have designated bike storage areas and we have very rigid requirements regarding what a
resident can store on their balcony or patio.
Is there a basis for this requirement based on some concern experienced at previous multifamily
properties in Eagan so we can address what the issues were. To meet the intent of this requirement
we would have to carve this space out of many of the units and then line the hallways with a
significant number of storage doors — in our opinion, this would be unsightly. We have not seen a
storage locker requirement for any of the cities where we have developed or constructed multifamily
housing properties and these include St. Paul, Minneapolis, Apple Valley, Lakeville, Hopkins,
Richfield, Eden Prairie, Lilydale, Oak Park Heights, Shoreview and Rosemount.
I understand that this is an 11 th hour comment but we reviewed our floor plans to see how we could
meet this requirement and we do not believe we can.
I D�5
Agenda Information Memo
September 3, 2013, Eagan City Council
B. PLANNED DEVELOPMENT AMENDMENT — ASSOCIATED HEALTHCARE
CREDIT UNTION
ACTION TO BE CONSIDERED:
To approve (or direct preparation of Findings of Fact for Denial) a Planned Development
Amendment to allow a bank drive through upon property located at 1460 Yankee Doodle Road,
subject to the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: At least three votes
FACTS:
➢ The Yankee Square buildings were constructed in 1975 and are zoned PD, Planned
Development.
➢ Associated Healthcare Credit Union is requesting approval of a Planned Development
Amendment to allow a drive- through in conjunction with a 1,800 sq. ft. credit union on
the west end of the easterly strip retail building.
➢ The proposed modification to the drive aisle between the two buildings will require
traffic being restricted to a north to south one -way movement only.
➢ City Code requires stacking for five vehicles for each drive - through. The proposed plan
does not meet this requirement; however, the applicant has stated they do not need that
amount of stacking.
➢ A public hearing was held on August 27, 2013 and the Advisory Planning Commission
(APC) did recommend approval.
ISSUES:
➢ The applicant and property owner explained the difficulty in meeting trash enclosure
requirements on the site due to the age of the facility and limited space. The APC
discussed the situation and determined the City Code requirement was relevant and that
condition number six should remain.
60 -DAY AGENCY ACTION DEADLINE: September 16, 2013
ATTACHMENTS: (3)
Location Map, page 09
Draft August 27, 2013, APC Meeting Minutes, pages J,V through 09
Planning Report, pages J,?)Q through NO
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Project Name: Associated Healthcare Credit Union 0 500 1,000 2,000
Request: Planned Development Amendment
Case No: 16- PA- 05 -07 -13 Legend
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Advisory Planning Commission
August 27, 2013
Page 6 of 7
B. Associated Healthcare Credit Union
Applicant Name: Associated Healthcare Credit Union
Location: 1460 Yankee Doodle Rd; Lot 1, Block 1, Bicentennial Addition
Application: Planned Development Amendment
A Planned Development Amendment to allow a drive through for a bank.
File Number: 16- PA- 05 -07 -13
Planner Thomas introduced this item and highlighted the informatio presented in the City Staff
report dated August 22, 2013. She noted the background and hist
There was discussion on the direction of the one way, awnl gsl�and
Jerrry Ziegler President of Associated Healthcare Cre j,,, nion discussed the updated signage
design. He explained that the drive through is not the standard 5 caratacking hoMe! ever it is
critical to serve the existing members from the Blue Cr Blue Shjeld campus. explained
that if the stacking became problematic, there are 3 teller t o %Within the building so
customers can park and come into the facility. He discussededecline in bank visits due to
technology advancements and stated wAN still critical, the drl%"k rough aspect is starting to
diminish. He discussed Condition 6 and a owner of the building should be addressing
the trash enclosure issue. He stated AssociNWHekalthcare Credit Union does not yield much
trash as most is removed by shredding service$. Q sti
Member Sagstetter asked if it is possible to fli orie -way anflid a it flow south to north,
using the overhead teller machines' y
Mr. Ziegler respondedahat it was possible to flip theone way but another series of problems
would need to be addressed. He steted the awning could be angled to shed snow or a
retractable awning could be^c noXdered He stated thawning is mostly for rain.
Member Dugen stated concern for the stacking ar d the permanency of the Planned
Developmt Amendment
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Mr. Ziegler discussed the la �t of the�ie isle and the stacking in the drive through. He
discussed a shared facility agreement for overflow parking and stated he is confident that the 3
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stack is sAient for their nee.-s;
Chair Heaney op ned the pul lfc hearing.
Chad Sande, Properly Manager for MFC Properties stated they are excited and pleased to have
Associated Healthcare redit Union as a tenant. He discussed Condition 6 and explained that
the restaurant grease disposal in the trash area is the concern. He stated a lot of money and
time has been spent improving the property and that they work hard to present properties in the
best manner possible. He stated they have found the trash /recycling container enclosure
requirement challenging because of the age of the center and setbacks at the rear of the
building. He requested that Condition 6 be removed from the healthcare approval and the
enclosure issue could be addressed later, if it is an issue.
There being no public comment, Chair Heaney closed the public hearing and turned the
BE
Advisory Planning Commission
August 27, 2013
Page 7 of 7
discussion back to the Commission.
Member Supina asked if the City can enforce the trash /recycling enclosure requirement outside
of this application process. City Ridley stated that would be difficult.
Ridley further explained that with every application one of the things staff reviews is the
condition of the property in relation to current City Code standards. He acknowledged that the
subject site has some constraints but that now is the time the property owner should analyze
what options exist to address the lack of trash /recycling enclosures.
Member Supina stated he was comfortable with the amount of sta 07 ; he suggested painting
a crosswalk and adding signage to not block the crosswalk. , r
Member Dugan thanked Ridley for the summary and stated 9"agreerh`§' with that approach.
He went on to say that he would agree to the stacking and sAriping if the trash enclosure is
addressed in some fashion, particularly since the cre W i = pion drive - through rtomers will be
driving behind the building as they exit the drive thr lane. HO, o stated N agreement
with Member Supina .,
Member Sagstetter stated concern for the stacking howeveinted out that Condition 2
contemplates addressing the situation if it becomes problematlo
Member Vanderpoel stated agreement
Member Supina moved, Member Vanderpoel seconded a mot�op to. gh- recommend approval of a
Planned Development Amendment to allow Edrive- throuat 1460 Yankee Doodle
Road, subject to the folk r %g{ c hb[ tipns as ple
1. The Planned Develo ment Amentlment shall bes recorded at the Dakota County Recorder's
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Office within 60 days ` A ity C =. ;oil approval
2. The approval of the driv specifically:for a bank. If the City determines that the
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site opeation��s deficienti e ici s��crtgspaces, the property owner shall reconfigure
the par dig lot to accommot�e the additib`nal stacking need subsequent to review and
appravby City staff orthe drive (,rough window shall be removed.
3. S & Permits are required _prior to stallation of any sign and signage is subject to all other
requirements of the City Gt�le.
4. Th;W, *Q Lane shall be striped and signed per the Site plan received July 31, 2013.
5. "Do Notxter" or "Exit Orel" signage shall be installed at the southern end of the building
subsequent,to review and approval by City staff. A revised Site Plan shall show the location
and sign specifications
6. Trash and ceptacles shall be kept inside the building or within an enclosure
constructed accord►rfg to City Code standards. A revised Site Plan shall show enclosure
locations if storage is proposed outside of the buildings.
A crosswalk shall be painted to connect the sidewalk in front of the two buildings and "Do
Not Block Crosswalk" signage shall be added.
All voted in favor. Motion carried 6 -0.
l ��
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: August 22, 2013
APPLICANT: Associated Healthcare
PROPERTY OWNER: MFC Properties
REQUEST: Planned Development Amendment
LOCATION: 1460 Yankee Doodle Road
CASE: 16- PA- 05 -07 -13
HEARING DATE: August 27, 2013
APPLICATION DATE: July 18, 2013
PREPARED BY: Sarah Thomas
COMPREHENSIVE PLAN: RC, Retail Commercial
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a Planned Development Amendment to allow a bank
drive- through at 1460 Yankee Doodle Road, legally described as part of Lot 1, Block 1,
Bicentennial Addition.
AUTHORITY FOR REVIEW
PD Amendment:
Chapter 11, Section 11.50, Subdivision 5 states, in part,
1. The provisions of this chapter may be amended by the majority vote of the council, except
that amendments changing the boundaries of any district or changing the regulations of any
district may only be made by an affirmative vote of two - thirds of all members of the council.
2. The Council shall not rezone any land in any zoning district or make any other proposed
amendment to this chapter without first having referred it to the planning commission for its
consideration and recommendation.
In addition, Chapter 5, Business Licenses, requires a liquor license for on -sale liquor.
BACKGROUND/HISTORY
The Yankee Square buildings were constructed in 1975 and are zoned PD, Planned
Development. Uses within this shopping center are based on the CSC, Community Shopping
Center zoning district.
1�)O
Planning Report — Associated Healthcare Credit Union
August 27, 2013
Page 2
EXISTING CONDITIONS
Yankee Square is a two - building strip retail center totaling 54,400 SF located south of Yankee
Doodle Road between Federal and Washington Drives. The credit union will occupy
approximately 1,800 square feet on the west end of the easterly strip retail building. There are
no drive - through operations currently.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Proposal — The applicant is proposing to relocate the existing business (located at 1260 Town
Centre Drive) to the subject property and add a drive - through. The drive - through will have a 6'
x 10' sq. ft. fabric awning. According to the applicant's narrative, "we do not believe there will
be more than three vehicles in line at any one time. This is based on the activity we have at our
current drive- through..."
Parking — The site is consistent with parking requirements based upon required parking for retail;
however, upon consideration of the restaurant space 320 parking stalls are required, which is 12
stalls less than the required 308 parking stalls. The existing parking lot and building were
constructed with the original development of the site. City staff has not received parking
complaints and is unaware of any parking issues on the site.
The parking lot has a right - in/right -out access onto Yankee Doodle Road to the north, full access
in two locations on Washington Drive to the east and full access at two locations to Federal
Drive through the neighboring parcel to the west. The paved area between the two buildings
currently has a fire lane adjacent to the building to the west and a 21 -foot wide drive lane. Five
parking spaces were previously striped within the fire lane and will be removed as part of this
proposal.
Access and Site Circulation — No access modifications are included with this proposal. The
proposed modification to the drive aisle between the two buildings will require traffic being
restricted to "one -way" only. Pavement markings are shown on the plans; however, no signage
is included to help prevent drivers from entering from the wrong direction. In addition to the
Existin Use
Zoning
Land Use Designation
North
Yankee Doodle Road
Right -of -way
East
Gas Station
PD, Planned
Development
RC, Retail Commercial
South
Auto service
PD, Planned
Development
RC, Retail Commercial
West
Retail
PD, Planned
Development
RC, Retail Commercial
EVALUATION OF REQUEST
Proposal — The applicant is proposing to relocate the existing business (located at 1260 Town
Centre Drive) to the subject property and add a drive - through. The drive - through will have a 6'
x 10' sq. ft. fabric awning. According to the applicant's narrative, "we do not believe there will
be more than three vehicles in line at any one time. This is based on the activity we have at our
current drive- through..."
Parking — The site is consistent with parking requirements based upon required parking for retail;
however, upon consideration of the restaurant space 320 parking stalls are required, which is 12
stalls less than the required 308 parking stalls. The existing parking lot and building were
constructed with the original development of the site. City staff has not received parking
complaints and is unaware of any parking issues on the site.
The parking lot has a right - in/right -out access onto Yankee Doodle Road to the north, full access
in two locations on Washington Drive to the east and full access at two locations to Federal
Drive through the neighboring parcel to the west. The paved area between the two buildings
currently has a fire lane adjacent to the building to the west and a 21 -foot wide drive lane. Five
parking spaces were previously striped within the fire lane and will be removed as part of this
proposal.
Access and Site Circulation — No access modifications are included with this proposal. The
proposed modification to the drive aisle between the two buildings will require traffic being
restricted to "one -way" only. Pavement markings are shown on the plans; however, no signage
is included to help prevent drivers from entering from the wrong direction. In addition to the
Planning Report — Associated Healthcare Credit Union
August 27, 2013
Page 3
pavement markings, "Do Not Enter" or "Exit Only" signage should be installed at the southern
end of the building for review and approval by City staff.
Drive - through — The proposed use is consistent with retail commercial zoning; however, the City
Code requires stacking for five vehicles for each drive - through. As designed, stacking of more
than three vehicles in the drive - through queue will impact the circulation of the adjacent east-
west drive serving the shopping center. The applicant has stated they do not need that amount of
stacking due to the nature of the credit union. While this may be the case for the particular user,
stacking may become problematic for traffic circulation at peak times, if the demand increases or
a different tenant were to use the drive - through in the future. City policy makers should consider
malting the drive - through approval specific to a financial institution.
Fire — The Fire Department has reviewed and approved the proposed plan.
Utilities — The building is connected to City sewer and water services, and no utility
modifications are proposed with this planned development amendment.
Signage — All new signage will require a Sign Permit, and compliance with City Sign Ordinance
requirements will be verified at that time.
Trash Storage — Trash storage was not specifically addressed in the proposal; however, a site
visit found dumpsters and trash cans located behind the building. All trash and recycling
containers should be stored inside the building, or within an enclosure consistent with the
provisions in the City Code. As traffic from the credit union drive - through will be directed to the
rear of the building, this non - conformity will become even more visible to the general public.
Financial Obligation — At this time, there are no pending assessments on the parcel.
SUMMARY /CONCLUSION
The applicant is requesting approval of a Planned Development Amendment to allow a drive -
through as part of a relocation of their credit union. While the use is consistent with the zoning
of the property, the drive - through may negatively impact traffic circulation depending on the
vehicle stacking needs, particularly at peak times.
Staff is suggesting tying this Planned Development Amendment specifically to this credit union
and an amendment would be required to alter the use to another drive - through user and require a
revised parking lot design to accommodate the need for additional vehicle stacking spaces, if
necessary.
ACTION TO BE CONSIDERED
To recommend approval of a Planned Development Amendment to allow a bank drive - through
at 1460 Yankee Doodle Road.
If approved, the following conditions shall apply:
�3a
Planning Report — Associated Healthcare Credit Union
August 27, 2013
PaRze 4
1. The Planned Development Amendment shall be recorded at the Dakota County
Recorder's Office within 60 days of City Council approval.
2. The approval of the drive- through is specifically for a bank. If the City determines that
the site operation is deficient in vehicle stacking spaces, the property owner shall
reconfigure the parking lot to accommodate the additional stacking need subsequent to
review and approval by City staff or the drive- through window shall be removed.
3. Sign Permits are required prior to installation of any sign, and signage is subject to all
other requirements of the City Code.
4. The Fire Lane shall be striped and signed per the Site plan received July 31, 2013.
5. "Do Not Enter" or "Exit Only" signage shall be installed at the southern end of the
building subsequent to review and approval by City staff. A revised Site Plan shall show
the location and sign specifications.
6. Trash and recycling receptacles shall be kept inside the building or within an enclosure
constructed according to City Code standards. A revised Site Plan shall show enclosure
locations if storage is proposed outside of the buildings.
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SITE PLAN
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NARRATIVE
ASSOC1A'I" I
EILATv ITICAItiE
Credit 'Union
Planning Commission
City of Eagan, MN
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R E Ci_1'✓ED JUL 3.1 201j
Associated Healthcare Credit Union is seeking permission to have a drive through
window added to our new location at 1460 Yankee Doodle Road, Eagan, MN.
Associated Healthcare Credit union merged with the former Bluestone Federal Credit
Union in 2011. Bluestone Federal Credit Union was established to serve the employees of
Blue Cross Blue Shield of MN.
Associated Healthcare Credit Union's field of membership is healthcare employees in
over 33 counties in Minnesota. Some of the healthcare employer groups we serve are
Allina Health, Healtheast Hospitals, Children's Hospitals, Medica and numerous clinics
in the metro area. Associated Healthcare Credit Union is a non - profit corporation
founded in 1953 with over $100 million in assets and 16,000 members and eight metro
locations. We serve healthcare employee groups and return profits in the form of higher
dividends or lower loan rates as well as lower fees for services.
AHCU /Bluestone Federal Credit Union has been a tenant at 1252 Yankee Doodle Road
for more than 10 years, but our current lease is not being renewed by the landlord and
expires December 31, 2013. We are very excited that we found space in close proximity
to Blue Cross Blue Shield campus which will allow the credit union to continue drive
through service to their employees.
The drive through facility is a key element for our new office and we do not believe there
will be more than three vehicles in line at any one time. This is based on the activity we
have at our current drive through at 1252 Yankee Doodle. Based on the attached drawing
you will see that there is a very natural traffic flow in the shopping complex. Because of
this, we do not believe the traffic volume will be a problem and will not require any
major modifications to the outside of the building.
Our member traffic will come from Federal, Yankee Doodle or Washington Drive. The
member will then proceed to suite 1460 where there is ample parking for going inside or
use the drive through window for added convenience.
`JVI
The drive through lane will have the current parking stalls west of suite 1460 removed
and clearly marked in red as Fire Lane/ No Parking. Our members will enter the drive
through from the north and exit south at the back of suite 1460, then go right or left to
directly exit to Federal or Washington Drive. Directional signs will be strategically
placed to insure smooth traffic flow to and from the area. To allow for truck traffic the
awning over the drive through window will be raised to the minimum clearance of 13' 6 ".
I will be more than happy to personally appear before the Planning Commission or the
City Council, if requested, to answer any questions or concerns.
Thank you for your consideration in this matter.
Jerry Ziegler
President
NO
Agenda Information Memo
September 3, 2013, Eagan City Council
C. CONDITIONAL USE PERMIT AND VARIANCE — VERIZON WIRELESS
ACTIONS TO BE CONSIDERED:
To approve (or direct Findings of Fact for Denial) a Conditional Use Permit to allow a 100 -foot
telecommunications tower with a 9 -foot lighting rod for property located at 2922 West Service
Road, subject to the conditions listed in the APC minutes.
To approve (or direct findings of fact for denial) a Variance to locate a telecommunications
tower in a side yard for property located at 2922 West Service Road, subject to the conditions
listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The parcel is zoned Limited Industrial (I -1) and a 54,000 sq. ft. office /warehouse building
was constructed in 1996.
➢ The parcel is surrounded by I -1 properties except for 1-3 5E to the east.
➢ Access to the site is provided from Center Court to the west and West Service Road to
the north.
➢ A Conditional Use Permit (CUP) was approved in 1996 to allow outdoor storage of 20
semi - trucks and trailers.
➢ The Applicant proposes the 100 foot telecommunication tower be located in the side yard
due to the existing building location on the site and semi -truck circulation.
➢ The applicant sought co- location options on nearby towers and buildings but was unable
to find a suitable location.
➢ The proposed tower would allow co- location for one additional user in the future.
➢ A public hearing was held on August 27, 2013 and the Advisory Planning Commission
(APC) did recommend approval.
ISSUES: None
60 -DAY AGENCY ACTION DEADLINE: September 15, 2013
ATTACHMENTS: (3)
Location Map, page � q D
Draft August 27, 2013, APC Meeting Minutes, pages through Ll
Planning Report, pages I MI5 through k13
`L�
Advisory Planning Commission
August 27, 2013
Page 8 of 7
C. Verizon Wireless
Applicant Name: Verizon Wireless
Location: 2922 West Service Road; Lots 1, 2 & 3, Block 6, Eagandale Center Industrial Park
Application: Conditional Use Permit
A Conditional Use Permit to allow a 109' monopole.
File Number: 03- CU- 07 -07 -13
Application: Variance
A Variance to allow a monopole in the side yard.
File Number: 03- VA- 04 -07 -13
Planner Thomas introduced this item and highlighted them Cmation p'resepted in the City Staff
report dated August 22, 2013. She noted the background artd history. f
Sarah Hill, applicant, stated she was available for gdepns.
Chair Heaney opened the public hearing. There being no publip" ment, Chair Heaney
closed the public hearing and turned the discussion back to "tie;Commission.
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Member Supina moved, Member Sagstetter seGOnded a motion ta;recommend approval of a a
Conditional Use Permit (CUP) to allow a 100 -foot monopole telecommunications tower with a
9 -foot lightning rod for property located at 292 est Seiet .Road, su Fject to the following
conditions:
1. This Conditional Use P`er`mit shall_ be recordedat Dakota County within 60 days of approval
by the City Council
2. As required by C t, ,"Code, the 100 -foot antenda tower shall accommodate the applicant's
antennae and one a dditional (comparable ant6nna for other communication providers;
accept antennae moue #ed`0a v .ryjnq heights; - and allow the future rearrangement of
antenna u the tower pocumenalori`of_this shall be ,provided at the time of application
for b - liiri permit:
3. T . pplicant shall provide t K6 City documentation from a registered structural engineer
co firming the structur&Qhtegrity of_the proposed monopole. The documentation shall be
sd fitted with the Buildin?V ermit application.
4. The equipment building shah be constructed of pre -cast panels with a raked finish of similar
color and firim to match the a fisting building.
x-555
5. The two dead deciduo s trees along the south /east property line shall be replaced by
October 31, 20
6. Trash receptacles sters shall be kept either inside the building or within an enclosure
constructed acco to City Code standards. A revised Site Plan shall show the trash
enclosure if one is to be constructed.
7. Trailer storage should occur in the rear yard as designated on the 1996 approved storage
plan and should be removed from the passenger parking lot in the front yard adjacent to
Center Court.
8. The monopole and equipment building shall be maintained in premium condition.
All voted in favor. Motion carried 6 -0.
N
Advisory Planning Commission
August 27, 2013
Page 9 of 7
Member Supina moved, Member Sagstetter seconded a motion to recommend approval of a a
Variance to allow the side yard location of a 100 -foot monopole telecommunications tower with
a 9 -foot lightning rod for property located at 2922 West Service Road, 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.
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2. The monopole telecommunications tower shall be located as spawn on the proposed Site
Plan received July 31, 2013.
All v
v-H
PLANNING
REPORT
CITY OF EAGAN
REPORT DATE: August 22, 2013
APPLICANT: Verizon Wireless
PROPERTY OWNER: Northern Lights
Properties Company
REQUEST: Conditional Use Permit; Variance
LOCATION: 2922 West Service Road
CASE: 03- CU- 07 -07 -13
03- VA- 04 -07 -13
HEARING DATE: August 27, 2013
APPLICATION DATE: July 17, 2013
PREPARED BY: Sarah Thomas
COMPREHENSIVE PLAN: IND, Limited Industrial
ZONING: I -1, Limited Industrial
SUMMARY OF REQUEST
Verizon Wireless is requesting approval of.
• Conditional Use Permit to allow a 100 -foot monopole telecommunications tower with a
9 -foot lighting rod; and
• Variance to locate the telecommunications tower in a side yard.
The above requests pertain to property located at 2922 West Service legally described as Lots 1-
3, Block 6 Eagandale Center Industrial Park.
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.
Ny
Planning Report — Verizon Wireless
August 27, 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 circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owner of property has no
control.
4
Planning Report — Verizon Wireless
August 27, 2013
Pave 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.
£ 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 recently adopted Variance legislation is reflected in the City Code language above and also
contains the following:
Subd. 3, A. "Practical difficulties" as used in conjunction with the granting of a variance, means
that 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.
Subd. 3, B., 3. 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
According to the applicant's narrative, "The property is leased by a moving company, Suddath
Moving and Storage. Suddath Moving and Storage provides commercial and residential
transportation service along with temporary storage of goods if required by their customer."
A Conditional Use Permit (CUP) was approved in 1996 to allow the outdoor storage of twenty
(20) semi - trucks and trailers. It was explained at that time that fill deposited on the site during
construction of I -35E was not properly compacted which prevents anything but parking from
being developed on the bad soils located on the eastern portion of the site.
Hq
Planning Report — Verizon Wireless
August 27, 2013
Pap-e 4
EXISTING CONDITIONS
The 54,000 SF office /warehouse building was constructed in 1996 and is bound by rights -of -way
on three sides. The site is largely open on the east side of the building. A chain link fence with a
gate is located along the south and east property lines. A review of the site in relation to the
previous CUP approval and current City Code standards found that trailer storage is occurring on
the west side of the building which is in conflict with the approved storage plan and trash and
recycling containers are being stored outside of the building but not within an enclosure which is
in conflict with City Code requirements.
SURROUNDING USES
The subject site is surrounded by I -1, Limited Industrial properties except for I -35E to the East.
EVALUATION OF REQUEST
Compatibility with Surrounding Area - The site is surrounded by industrial development. City
Code allows freestanding towers via a CUP in I -1 zoning districts.
Site Plan - The Site Plan shows a 60' x 25' lease area in the northeast portion of the parking lot
where semi - tractor trailers are currently stored (per the 1996 CUP). The tower and equipment
shelter will be located within the lease area. The equipment shelter satisfies the minimum,
setback of 40 feet from the right -of -way along the north and southeast sides. There is no setback
requirement for the tower, except when located in a residential use zoning district.
Code Requirements - City Code Chapter 11, Section 11.70, Subd, 26, G sets forth the general
standards applying to all towers and antennae regarding illumination, signage, security,
screening, location and color, design, and building permit requirements as following. An
assessment of this proposal relative to these provisions follows each item.
(1) Location and color shall be in a manner to minimize off -site visibility to the greatest
possible extent,
The 100 foot galvanized monopole tower is proposed to be located on the east side yard of
the property in order to maintain vehicle maneuverability within the site. The code requires
freestanding towers to be located in the rear yard and therefore a variance is necessary as
discussed later in this report.
(2) Compliance with all applicable provisions of the City Code, including provisions of the
state building code therein adopted, in addition to the requirements set out in this
subdivision;
The proposed tower must comply with these general standards.
M
Planning Report — Verizon Wireless
August 27, 2013
Page 5
(3) No signs, other than for public safety warnings or equipment information, shall be
affixed to any portion thereof,•
No signs are proposed.
(4) No artificial illumination, except when required by law or by a governmental agency to
protect the public's health and safety, shall be utilized,
No lighting is proposed to illuminate the tower; however, an existing light pole is to be
removed and relocated to the tower, mounted at 30 feet.
(5) The placement of transmitting, receiving and switching equipment shall be integrated
within the site, be located within an existing structure whenever possible; any new
accessory equipment structure shall be attached to the principal building, if possible,
and constructed of materials and of a color scheme compatible with the principal
structure and /or surrounding area or within an equipment encasement not exceeding
10 feet (w) x 10 feet (l) x 5 feet (h) in size.
A new 12 x 30 foot (360 square foot) equipment building is proposed. The structure is
detached from the principal building and proposed to be constructed of exposed aggregate
concrete. City Code requires accessory buildings to match the principal structure which is a
precast panel with a raked finish. The accessory structure should match the principal
building including material type, color and trim.
(6) Accessory equipment or buildings shall be screened by suitable landscaping, as set
forth in this chapter, except where a design of non - vegetative screening better reflects
and compliments the architectural character of the surrounding neighborhood.
No new landscaping is proposed.
The accessory equipment building is screened to the west by the principal building and the
south/east by existing landscaping. Two of the deciduous trees in this area have died and
should be replaced.
The accessory equipment building may be partially visible from the right -of -way along the
north property line as the existing vegetation does not fully screen the existing parking lot.
Given the industrial nature of this site a full screen may not be necessary.
(7) Building permits shall be required for the installation of building mounted satellite
dishes in excess of five feet in diameter, towers, and wind energy conversion systems;
A building permit will be required prior to construction of the tower and equipment shelter.
�so
Planning Report — Verizon Wireless
August 27, 2013
Paize 6
(8) Structural design, mounting and installation of a tower, antenna or satellite dish
which requires a building permit shall be verified and approved by a qualified licensed
engineer, and
A building permit will be required prior to construction of the tower and equipment building.
(9) Towers, and any equipment attached thereto, shall be unclimbable by design for the
first 12 feet or completely surrounded by a six-foot high security fence with a lockable
gate.
A six foot chain link fence is proposed with one foot of barbed wire atop the chain link,
surrounding the perimeter of the monopole and enclosing a portion of the leased area. The
equipment building will not be enclosed by the fence.
Additionally, City Code Chapter 11, 11.70, Subd. 26, E., 2, states that freestanding towers and
antennae in non - residential use districts shall be permitted pursuant to a conditional use permit
approved by the City Council in Limited Industrial zoning districts. Such freestanding towers
and antennae shall be subject to the following requirements. An assessment of this proposal
relative to these provisions follows each item.
a) The combined Height of any freestanding tower and antennae or satellite dishes
mounted thereto shall not exceed:
(ii) 125 feet, measured from ground elevation of the tower to the highest point of
the tower- antenna/satellite dish combination, provided the tower is designed to:
(A) Accommodate the applicant's antennae and at least one additional
comparable antennae for other communication providers;
(B) Accept antennae mounted at varying heights; and
(C) Allow the future rearrangement of antennae upon the tower.
The proposed tower is 100 feet in height (with a 9 foot lightning rod) and allows for one
additional, unknown, future carrier. The Verizon antennae will be mounted at 82 feet.
b) All setback requirements for any accessory equipment building or structure shall be
met as set forth in this chapter, provided the minimum setback distance of the tower
from any property line of a parcel or lot within a residential use district shall be equal
to two times the height of the tower or 300 feet, whichever is greater. All setbacks
exceed the minimum requirement for the proposed tower and accessory equipment
building.
c) The tower shall be located in the rear yard. The proposed tower is located in the eastern
side yard; therefore, a variance is required.
d) The tower shall be self- supporting through the use of a design that uses an open frame
or monopole configuration. The applicant's proposal is for a self - supporting monopole.
J15\
Planning Report — Verizon Wireless
August 27, 2013
Pate 7
e) Permanent platforms or structures, exclusive of the tower or antennae, that increase
off -site visibility are prohibited. The plans do not show any extraneous platforms or
structures associated with the tower.
f) Existing vegetation on the site shall be preserved to the greatest possible extent
practical. The tower is proposed to be located in the existing parking lot. There will be
no impact on existing landscaping.
Accessory equipment associated with freestanding towers and antennae shall be located
within an equipment building constructed of materials and color compatible with principal
building and surrounding area or within an equipment encasement not exceeding 10 feet
(w) x 10 feet (l) x 5 feet (h) in size. As previously mentioned, Verizon proposes to construct
a 12 by 30 foot (360 square foot) equipment building. The structure is detached from the
principal building and proposed to be constructed of exposed aggregate concrete. City Code
requires accessory buildings to match the principal structure which is a precast panel with a
raked finish. The accessory structure should match the principal building including material
type, color and trim.
g) The applicant shall provide a color manipulated "as built" photograph of the tower as
proposed for the location. The applicant has provided a photo simulation showing a
view of the property with the tower.
h) No new tower shall be permitted unless the city council finds that the equipment
planned for the proposed tower cannot be accommodated at any preferred collocation
site. The city council may find that a preferred collocation site cannot accommodate
that planned equipment for the following reasons:
(i) The planned equipment would exceed the structural capacity of the preferred
collocation site, and the preferred collocation site cannot be reinforced,
modified, or replaced to accommodate the planned equipment or its equivalent
at a reasonable cost, as certified by a qualified radio frequency engineer,
(ii) The planned equipment would interfere significantly with the usability of
existing or approved equipment at the preferred collocation site, and the
interference cannot be prevented at a reasonable cost, as certified by a
qualified radio frequency engineer,
(iii) A preferred collocation site cannot accommodate the planned equipment at a
height necessary to function reasonably, as certified by a qualified radio
frequency engineer; or
(iv) The applicant, after a good faith effort, is unable to lease, purchase or
otherwise obtain space for the planned equipment at a preferred collocation
site.
Verizon finds it necessary to construct a new tower. A letter from Craig Cieemierowski,
RF Engineer for Verizon notes current coverage in the area is either poor or non - existing
within buildings. While locating on a nearby medical building was preferred, the owner
declined Verizon's request to place antennae /equipment at their facility. An existing
Planning Report — Verizon Wireless
August 27, 2013
Page 8
AT &T monopole located along the intersection I -494 and Hwy 55 was not favorable for
many reasons including too much overlap from existing Verizon Wireless sites. Two
supporting maps compare the current coverage with the improved coverage.
Access /Street Design — Access to the lease area will be provided via a 20 -foot easement over the
existing driveway and parking lot east of the building.
Trash Storage — Trash storage was not specifically addressed in the proposal; however, a site
visit found dumpsters located in the parking lot and adjacent to the building. Per City Code
requirements, all trash and recycling containers shall be stored inside the building, or within an
enclosure consistent with the provisions in the City Code.
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 the applicant proposes to use
the property in a reasonable matter not permitted by the zoning provisions of the Code. The
applicant is proposing to locate a cellular monopole in a side yard. Due to the property being
bound by right -of -way on three sides and the location of the existing building on the site, the rear
yard is not an option; without a Variance, a monopole would not be allowed on this site.
The monopole and its location, not being closer to the right -of -way than the building itself,
appears to be a reasonable use of the property.
The Zoning Ordinance states relief may be granted provided the plight of the applicant is due to
circumstances unique to the property not created by the applicant. The applicant is hindered by
the three right -of -ways which dictated the building location to be setback deep into the site,
essentially eliminating a usable rear yard.
The requested Variance does appear to be the minimum required to alleviate the practical
difficulties. The monopole is limited in its location due to setback requirements and the existing
parking lot design to maintain semi -truck maneuvering.
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 rear yard provision is to prevent a monopole from appearing to be the principal use of the
property; however, given the property is unique with the three right -of -ways, the building
remains as the prominent structure on the property.
IIS3
Planning Report — Verizon Wireless
August 27, 2013
Page 9
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.
The Zoning Ordinance states the property for which the variance is requested must otherwise be
in compliance with City Code. Except for the location of certain trailer storage and the existing
trash/recycling container storage, the property appears to be in compliance. Through conditions
of approval, these storage issues can be remedied.
SUMMARY /CONCLUSION
Verizon Wireless is requesting approval of a Conditional Use Permit to construct a 100 -foot
monopole telecommunications tower with a 9 -foot lightning rod and a Variance to permit the
tower within the side yard on property located at 2922 West Service Road. Verizon indicates
that their service lacks coverage in this area and that they were unable to identify a suitable
existing tower that wouldn't overlap signals or collocate on an existing building. As required by
City Code, the proposed tower would provide collocation potential for a second user.
The proposal appears to satisfy the performance standards outlined in the City ordinance;
however, City Policy Makers should determine if a full screen from the right -of -way along the
north property line is necessary given the industrial nature of the area.
ACTIONS TO BE CONSIDERED
To recommend approval of a Conditional Use Permit (CUP) to allow a 100 -foot monopole
telecommunications tower with a 9 -foot lightning rod for property located at 2922 West Service
Road. If approved, the following conditions shall apply:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval
by the City Council.
2. As required by City Code, the 100 -foot antenna tower shall accommodate the applicant's
antennae and one additional comparable antenna for other communication providers; accept
antennae mounted at varying heights; and allow the future rearrangement of antennae upon
the tower. Documentation of this shall be provided at the time of application for building
permit.
3. The applicant shall provide the City documentation from a registered structural engineer
confirming the structural integrity of the proposed monopole. The documentation shall be
submitted with the Building Permit application.
4. The equipment building shall be constructed of pre -cast panels with a raked finish of similar
color and trim to match the existing building.
H
Planning Report — Verizon Wireless
August 27, 2013
Page 10
5. The two dead deciduous trees along the south/east property line shall be replaced by October
31, 2013.
6. Trash receptacles /dumpsters 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.
7. Trailer storage should occur in the rear yard as designated on the 1996 approved storage plan
and should be removed from the passenger parking lot in the front yard adjacent to Center
Court.
8. The monopole and equipment building shall be maintained in premium condition.
To recommend approval of a Variance to allow the side yard location of a 100 -foot monopole
telecommunications tower with a 9 -foot lightning rod for property located at 2922 West Service
Road. 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. The monopole telecommunications tower shall be located as shown on the proposed Site
Plan received July 31, 2013.
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Project Name: Verizon Wireless
Request: Conditional Use Permit/Variance
Case No: 03- CU- 07- 07- 13/03- VA- 04 -07 -13
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*MyofEaP Application: Verizon Wireless
Type: Conditional Use Permit/Variance
Case No.: 03- CU- 07- 07- 13/03- VA- 04 -07 -13
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RF ENGINEER NARRATIVE
V r% wireless
July 30, 2013
City of Eagan
Re: Verizon Wireless Proposed Monopole at 2202 Service Road, Eagan, MN (MIN Rebecca)
To Whom It May Concern:
I am the Verizon Wireless RF Engineer responsible for the location and design of the proposed
MIN Rebecca site.
The primary purpose of this site is to improve coverage inside of the commercial and residential
buildings within oux primary target area. The majority of this area includes an industrial park.
The boundary is contained roughly within Trapp Road to the north, Lexington Avenue South to
the east, Lone Oak, Road to the south, and Pilot Knob Road to the west. Currently, this area has
poor to non - existent in- building coverage.
I have attached a proposed coverage map of the current existing neighbor sites in the target area.
The colors represent predicted signal strength from the sites in our network. The areas in green
represent the best signal strength that should penetrate most of the buildings in the area. Yellow
areas represent signal strengths that should at least provide reliable coverage from the exterior
wall through the first couple of rooms towards the center of the building. As the yellow area
approaches the red area, the signal strength will be limited to mobile usage. The red area signal
strengths will restrict the reliable service to mainly outdoor usage. White areas are not reliable
for service.
I have also attached a coverage map that includes the proposed Rebecca site. This map shows the
target area proposed coverage to be greatly improved.
The existing Verizon Wireless neighbor sites to the proposed site are:
MIN Yankee — 1410 Towet view Road, Eagan (City Water Tower)
MIN Tranquility — 760 Yankee Doodle Road, Eagan (City Water Tank)
MIN Mendota — 2411 Lexington Ave South, Mendota Heights (City Water Tower)
1'7D
Verizon Wireless site acquisition specialist searched the area for existing towers and/or buildings
that have the height and distance from existing Verizon Wireless neighbor sites to function
properly.
There is an AT &T monopole I reviewed that is located northwest of the I -494 and MN Highway
55 intersection. I rejected the monopole due to the location being too close to our existing
Mendota site. It is very important to consider distance from existing Verizon Wireless sites as
too much overlap of signals between sites will cause interference that degrades our service and
customer experience. The AT &T site will severely degrade our network performance instead of
improving it for both the Mendota and the proposed Rebecca sites due to such interference
issues. In addition, the AT &T site location would create a loss of reliable coverage between
Rebecca and the Yankee site that is covered by the current proposed Rebecca location.
There is also a medical building tall enough, 1305 Corporate Center Drive, Eagan, that site
acquisition tried very hard to collocate on, but the owner declined.
Verizon's site selection preference is to favor existing toweribuilding collocations if at all
possible. The reason for doing so is they are typically cheaper to construct and easier to get
permits and regulatory approval for,
Please feel free to contact me if you have any questions or require additional information
Craig Ciecmierowski
RF Engineer
Phone: 612 -720 -0089
lr� I
APPLICANT NARRATIVE
July 16, 2013
July 301h, 2013 Revised
City of Eagan
Planning Commission
3830 Pilot Knob Road
Eagan, MN 55122
RE: Verizon Wireless Conditional Use Permit and Variance Application
2922 West Service Road
Eagan, MN 55121
Planning Commission:
The purpose of this letter is to provide supporting information to the Conditional Use Permit and
Variance Application that has been submitted by Verizon Wireless for the address listed above. Verizon
Wireless respectfully requests the City of Eagan to review this proposal and grant the Conditional Use
Permit to build the tower as described.
The property is currently owned by Northern Lights Property Company, who in turn leases the property
to a moving company, Suddath Moving and Storage. Suddath Moving and Storage provides commercial
and residential transportation service along with temporary storage of goods if required by their
customer.
Verizon is proposing to install a 109' monopole tower, which includes a 9' lightning rod as required per
safety standards. The equipment shelter, a 12'x 30' building that will house the Verizon equipment, will
be located at the base of the tower. The monopole and equipment shelter will be enclosed /secured by
a 60'x 25' fenced compound.
The proposed compound area will have a minimal impact on traffic maneuvering in the existing parking
lot. The proposed compound location is on the opposite side of the parking lot from the main entrance
to the building. The main traffic entering and exiting this property is the Lessee's moving trucks. The
proposed compound location does not block any access to the street or pathways to the back of the
building for loading and unloading required by the Lessee's business purposes.
The tower is proposed to be located in the parking lot directly east of the existing building on this
property. The east and south perimeter of the property, which faces the southbound lane of Interstate
35E, has a significant berm with mature trees that will provide screening for the bottom half of the
tower. The west perimeter of the property consists of the main building and the north perimeter faces
West Service Road. The north perimeter of this property has some mature trees as well, which will
allow for partial screening.
The subject property does not have sufficient space in the "rear yard ", as per the ordinance would
require for this type of an installation. However, the "side yard" of this property has sufficient space to
allow for an installation without disrupting the daily operations of the property owner. The "side yard"
also provides moderate screening which is beneficial from an aesthetics perspective.
The property is currently zoned as Industrial and is planned to remain the same classification in the
City's Comprehensive Plan.
Please reference the included handouts labeled as "Before" and "After ". These two maps display the
difference in coverage for this area. The "Before" Map shows the existing coverage over the subject
area. The "After" Map shows the coverage in place with the proposed tower built and on air.
The main purpose of this site is to alleviate capacity issues in the area. Verizon has experienced dropped
calls, slow connection or no connection in this area due to existing cell sites that have reached maximum
capacity. These capacity issues occur when the consumer demand on a tower or an area is too great. In
this situation, the capacity and service issues are most likely due to consumers traveling near the site
along with residences and businesses from the surrounding area. The major roadways are Interstate 35
to the east and Lone Oak Road to the south. The area to the west is mostly Residential along with the
area to the east being Commercial /Industrial. A combination of the above mentioned items has brought
about the need for additional capacity in this location. This site will alleviate the capacity issues that
travelers and property owners are experiencing in the area.
The proposed installation of the above mentioned tower is planned for the fall of 2013.
I appreciate your time in regards to this matter. Please feel free to call me with any questions you may
have.
Sincerely,
Sarah Hill
Project Manager
Faulk and Foster on behalf of Verizon Wireless
612- 242 -5658
Agenda Memo
September 3, 2013 Eagan City Council Meeting
NEW BUSINESS:
D. CERTIFICATION OF THE PRELIMINARY 2014 BUDGET AND PROPERTY
TAX LEVY, AND SETTING OF PUBLIC MEETING DATE ON WHICH THE
BUDGET AND LEVY WILL BE DISCUSSED
ACTIONS TO BE CONSIDERED:
• To approve the preliminary payable 2014 property tax levy as follows:
Operating (tax capacity- based) $ 27,763,065
Debt service (tax capacity- based) 203,163
Community Center debt service (market value - based) 1,120,127
Total levy $ 29,086,355
• To approve the preliminary 2014 General Fund expenditure budget, including contingency, of
$29,922,800.
To set the date for the public hearing of the 2014 levy and budget as December 3.
To make the following announcement:
o "The next regularly scheduled meeting at which the levy and budget will be
discussed is the City Council meeting of Tuesday, December 3 at 6:30 p.m., right
here in the Council Chambers. The public will be allowed to speak at this meeting."
FACTS:
• The City Council is required by law to certify the proposed payable 2014 budget and property
tax levy on or before September 16. The levy can be subsequently decreased, but not increased.
• The City Council is also required to announce the date and time of the next regularly scheduled
meeting at which the budget and levy will be discussed. The law also requires the Council to
announce that the public will be allowed to speak at these meetings.
• The City Council reviewed the 2014 General Fund budget at the August 13 special meeting.
The budget presented at the workshop was a 3.7% increase over 2013. The budget is balanced
and no appropriation of fund balance reserves is required. No changes have been made to the
budget subsequent to the August 13 meeting.
• The City Council is required by law to adopt a levy that is below the levy limit threshold
established by the State. This threshold is $29,316,670 for 2014 and is a 3.51% increase over
the 2013 tax levy. The proposed levy is $230,315 under the limit.
• The proposed levy is 2.7% higher than the 2013 levy. The Eagan portion of the property tax
on the average value home in 2014 ($225,289) is estimated to be $836 —an increase of $22
from the 2013 amount of $814 on the 2013 average value home ($220,252).
• The City's tax capacity rate is estimated to increase from 38.273% to 38.302 %, the function
of a 3.1% increase in tax capacity -based net local levy, and a 3% increase in local tax
capacity due to higher property values.
n` -F
Agenda Memo
September 3, 2013 Eagan City Council Meeting
• Both the budget and levy will be reviewed, with public input received, at the December 3
meeting.
• The County will use this preliminary certification information in preparing TnT notices to be
mailed in November.
• The County has again advised the City of the option to include a very basic insert with the TnT
notices. Due to the inherent limitations, the City historically has not prepared an insert and none
is contemplated for this year unless otherwise directed by the City Council.
ATTACHMENTS:
• The preliminary 2014 General Fund expenditures budget summary is enclosed on page VI �p
iq js
2014
Comparative Summary of Expenditures
General Fund Budget
2013 2014 1 Difference
� V] (p
Budget
Budget
%
GENERAL
GOVERNMENT
®01
Mayor & Council
$ 140,000
$ 150,300
$ 10,300
7.4%
®02
Administration
517,300
526,800
9,500
1.8%
V 03
Information Technologies
1,495,200
1,566,300
71,100
4.8%
®04
City Clerk
244,300
343,100
98,800
40.4%
®05
Finance
955,900
968,100
12,200
1.3%
`06
Legal
390,000
388,900
(1,100)
-0.3%
'07
Comm Dev- Planning /ED
989,900
1,014,900
25,000
2.5%
F08
Comm Dev- Inspections
962,400
1,217,000
254,600
26.5%
®09
Communications
494,700
525,600
30,900
6.2%
10
Human Resources
285,300
298,700
13,400
4.7°%
Gen Govt Total
6,475,000
6,999,700
524,700
8.1%
PUBLIC SAFETY
r 11
Police
11,500,500
11,790,200
289,700
2.5%
12
Fire
1,897,400
1,977,900
80,500
4.2%
Public Safety Total
13,397,900
13,768,100
370,200
2.8%
PUBLIC WORKS
® 21
Public Works /Engineering
1,189,700
1,247,100
57,400
4.8%
22
Streets & Highways
1,795,400
1,812,400
17,000
0.9%
24
Central Svices. Maint.
604,000
601,000
(3,000)
-0.5%
Public Works Total
3,589,100
3,660,500
71,400
2.0%
PARKS & RECREATION
30
Recreation
2,094,700
2,175,100
80,400
3.8%
31
Parks
2,014,100
2,030,200
16,100
0.8%
32
Tree Conservation
520,100
524,000
3,900
0.7%
Parks & Rec Total
4,628,900
4,729,300
100,400
2.2%
GENL GOVT BLDG MAINT
® 33
Government Buildings
724,500
705,200
(19,300)
-2.7%
Subtotal
28,815,400
29,862,800
1,047,400
3.6%
41
Contingency -- Undesignated
48,800
60,000
11,200
23.0%
General Fund Total
$ 28,864,200
$ 29,922,800
$ 1,058,600
3.7%
� V] (p
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
SEPTEMBER 3, 2013
A. CALL TO ORDER
B. ADOPT AGENDA
C. CONSENT AGENDA
1. APPROVE EDA Minutes
2. APPROVE Amendment to Purchase Agreement between the EDA and
Jensen and Jensen LLC regarding the Purchase Closing Date
D. OLD BUSINESS
E. NEW BUSINESS
F. OTHER BUSINESS
G. ADJOURN
Agenda Information Memo
Eagan Economic Development Authority Meeting
September 3, 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 August 20, 2013 EDA meeting are enclosed on
page �9 9.
2. APPROVE AMENDMENT TO PURCHASE AGREEMENT BETWEEN THE EDA AND
JENSEN AND JENSEN LLC REGARDING THE PURCHASE CLOSING DATE — At its
meeting or July 16, 2013, the EDA Board ratify the Findings of Fact to approve the purchase
agreement for the sale of the former credit union property at Cedar Grove to Jensen and Jensen LLC
for incorporation into the Jensens Supper Club property to permit an expansion of parking at the site
as part of a remodeling of the business in that location.
Since that time, Jensens has determined that it will be advantageous for the financing of the project
to schedule the closing in early spring of 2014. Staff has reviewed the request and finds no issues
raised by the request. The City Attorney has prepared the amendment on pages 100 through
2)1 and Mr. Jensen has executed it. Action in this regard would approve the agreement and
authorize the EDA officers to execute the agreement.
v-18 8
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
August 20, 2013
A meeting of the Eagan Economic Development Authority was held on Tuesday, August 20, 2013 at the
Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields,
and Commissioner Hansen. Commissioner Tilley was absent. Also present were Executive Director
Osberg, Community Development Director Hohenstein and City Attorney Dougherty.
CALL TO ORDER
President Maguire called the Economic Development Authority meeting to order.
ADOPT AGENDA
President Maguire moved, Commissioner Bakken seconded a motion to approve the agenda as
presented. Aye:4 Nay :0
CONSENT AGENDA
Commissioner Hansen moved, Commissioner Fields seconded a motion to approve the Consent Agenda
as presented. Aye: 4 Nay: 0
1. It is recommended to approve the minutes of August 5, 2013 - EDA meeting as presented.
2. It is recommended to approve retention of legal counsel for Special Legislation for Cedar Grove
Redevelopment TIF District and authorize EDA officers to execute them.
There was no Old Business.
There was no New Business.
There was no Other Business.
OLD BUSINESS
NEW BUSINESS
OTHER BUSINESS
ADJOURNMENT
Commissioner Fields moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 4
Nay: 0
Date
M
David M. Osberg, Executive Director
FIRST AMENDMENT TO SALE AND PURCHASE AGREEMENT
THIS FIRST AMENDMQTT TO SALE AND PURCHASE AGREEMENT
( "Amendment ") is made as of t �, 2013 by and between the Eagan Economic
Development Authority, a public body corporate and politic and a political subdivision of the
State of Minnesota (the "Seller ") and Jensen & Jensen Properties, LLC, a Minnesota limited
liability company, and its assigns (the "Buyer "). The Seller and the Buyer are referred to herein
collectively as the "Parties."
WHEREAS, the Parties entered into that certain Sale and Purchase Agreement dated May
30, 2013 (hereinafter the "Agreement "); and
WHEREAS, the Parties desire to amend the Agreement to provide for an extension of the
closing date.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as
follows:
1. Paragraph 7(a) is hereby amended to read as follows:
Closing Date. The closing of the purchase and sale contemplated by this
Agreement (the "Closing ") shall occur on or before March 17, 2014 (the
"Closing Date "). The Closing shall take place at 10:00 a.m. local time at
the office of Title Company, or such other location as determined by the
Buyer.
2. Except as modified above, all other terms of the Agreement remain in full
force and effect.
Seller and Buyer have executed this Amendment as of the date set forth above.
[Signature page follows]
Lo
BUYER:
Jensen & Jensen Properties, LLC, a Minnesota limited
liability company
By:
Doron Jense
Its: President
SELLER:
Eagan Economic Development Authority
By: _
Mike Maguire
Its: President
By:
David M. Osberg
Its: Executive Director
2
k ?�
Agenda Information Memo
Eagan Economic Development Authority Meeting
September 3, 2013
F. OTHER BUSINESS
There are no other items at this time.
G. ADJOURNMENT
ACTION TO BE CONSIDERED: To adjourn the EDA Meeting.
i