12/03/2013 - City Council RegularAGENDA
EAGAN CITY COUNCIL
EAGAN MUNICIPAL CENTER BUILDING
DECEMBER 3, 2013
6:30 P.M.
ROLL CALL AND PLEDGE OF ALLEGIANCE
L II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made
for an item to be pulled for discussion)
A. APPROVE MINUTES
:B. PERSONNEL ITEMS
ti C. APPROVE Check Registers
D. APPROVE 2014 Enterprise Fund budgets for Public Utilities (Water, Sewer, Street Lighting,
Storm Drainage/Water Quality), Cascade Bay, Civic Arena, Community Center, and Fiber
Infrastructure (AccessEagan)
E. APPROVE 2014 Special Revenue Fund budgets: Housing Fund, DWI Forfeiture Fund,
Minnesota Investment fund (MIF) Revolving Loan Fund, Cable TV Franchise Fees Fund, Cedar
Grove Special Services District Fund and E -TV Fund
F. APPROVE 2014 Eagan Convention and Visitors Bureau (ECVB) Budget
(G. APPROVE Resolution Renewing existing alcohol licenses for 2014
140 H. APPROVE Resolution directing the City Clerk to issue 2014 alcohol license renewals upon
licensees' submission of renewal documents and fees
yL I. APPROVE change of manager for Granite City Food & Brewery's On -Sale Liquor License
4J. APPROVE change of manager for Axel's Bonfire's On -Sale Liquor License
14(0 K. APPROVE change of ownership for Davanni's On -Sale Beer License
AIL. DIRECT preparation of an ordinance amendment to City Code Chapter 6 relative to coal tar
sealants
M. APPROVE Final Subdivision — Eagan Pointe Senior Living
N. APPROVE an extension of recording Final Subdivision for Dakota Path
50. PRESENT Feasibility Report for City Project 1140, Stonebridge Ponds and Schedule Public
Hearing (January 7, 2014)
S5 P. PRESENT Feasibility Report for City Project 1139, Oakwood Heights 2nd Addition and Schedule
Public Hearing (January 7, 2014)
�(0 Q. PRESENT Feasibility Report for City Project 1137, Alden Pond and Schedule Public Hearing
(January 7, 2014)
R. APPROVE City Contract 13 -25, CLIMB Theatre, Blackhawk Lake Protection Project
(S. APPROVE Final Payment, City Contract No. 13 -07, 2013 Citywide Trail Improvements
T. APPROVE Final Payment, City Contract No. 13 -06, 2013 Citywide Parking Lot Improvements
(Q'1 U. APPROVE Amendment to Connection Charge Agreement & Assessment Deferral Agreement,
Lot 1, Block 1 Prowire Addition
Cl� V. APPROVE Inflow & Infiltration (1 &1) Program Surcharge Appeals
qW. APPROVE Plan of Dissolution and Distribution of Assets of the Gun Club Lake Watershed
Management Organization
96 X. APPROVE Resolution accepting a $1,866.00 donation from an Eagan Business
ll_ Y. APPROVE Resolution to accept a donation of $29,590 from Flint Hills Refinery for the purpose
of purchasing a Fire Prevention kitchen Fire Simulator Trailer
9 Z. APPROVE Change Order No. 2, City Contract No. 13 -12, Cedar Grove Parkway Trail & Lighting
Improvements
D� AA. APPROVE a Resolution to accept a donation of $2,760 from the Commons on Marice for the
Fire Department and Authorize the necessary budget adjustments
V. PUBLIC HEARINGS
Jaa A. PROPOSED 2014 Budget and Property Tax Levy
VI. OLD BUSINESS
89 A. ORDINANCE AMENDMENT -an Ordinance Amendment to City Code Chapter 11, Section
11.60, relative to retail sales in the Industrial and Business Park Zoning Districts
VII. NEW BUSINESS
qH A. CONDITIONAL USE PERMIT — Meadow View Industrial — A Conditional Use Permit to allow
outdoor storage located at 1675 Meadow View Road
�09 B. COMPREHENSIVE GUIDE PLAN AMENDMENT — Gregory Preusse - A Comprehensive Guide
Plan change from BP, Business Park to MD, Medium Density on approximately 3 acres located
at 4135 Old Sibley Highway
IN] C. CONSIDER Comcast's request to adjust late fee imposed on Eagan cable subscribers
VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY
A. CALL TO ORDER
B. ADOPT AGENDA
�C. CONSENT AGENDA
1. APPROVE EDA Minutes
D. OLD BUSINESS
E. NEW BUSINESS
Nol. CONSIDER Concept Plan and Purchase Proposal from Morrissey Hospitality Group for
Acquisition and Redevelopment of Property located between Cedar Grove Parkway
and the Cedar Grove Parking Garage
F. OTHER BUSINESS
G. ADJOURN
X. ADMINISTRATIVE AGENDA
A. City Attorney
B. City Council Comments
C. City Administrator
D. Director of Public Works
E. Director of Community Development
XI. VISITORS TO BE HEARD (for those persons not on the agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
D,
Wo City of
ti
EaRan
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR OSBERG
DATE: NOVEMBER 27, 2013
SUBJECT: AGENDA INFORMATION FOR DECEMBER 3, 2013 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the December 3, 2013 City Council agenda, the following items are in
order for consideration.
I
Agenda Information Memo
December 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 November 19, 2013 Regular City Council meeting as presented or
modified.
ATTACHMENTS:
Minutes of November 19, 2013, City Council meeting are enclosed on pages S7
through q .
�f
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
NOVEMBER 19, 2013
A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor
Maguire and Councilmembers Bakken, Fields, and Hansen. Coucilmember Tilley was absent.
At 6:10 p.m., the City Council held a closed session to discuss labor negotiations. The closed session
concluded at 6:25 p.m.
A regular meeting of the Eagan City Council was held on Tuesday, November 19, 2013 at 6:30 p.m. at the
Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen.
Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of
Communications Garrison, Director of Finance Pepper, Director of Parks and Recreation Johnson,
Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys,
Fire Chief Scott, Police Chief McDonald and Executive Assistant Stevenson.
AGENDA
City Administrator Osberg noted under New Business item A. — a Variance request for Kohl's has been
withdrawn.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the agenda as
amended. Aye:4 Nay:0
RECOGNITIONS AND PRESENTATION
Police Chief MacDonald presented the swearing -in of Police Officers Peter Meyer and Josh Sannes.
CONSENT AGENDA
Councilmember Bakken pulled Consent Items F for further comment.
Councilmember Hansen moved, Councilmember Fields seconded a motion to adopt the Consent Agenda
as presented: Aye: 4 Nay: 0
A. It was recommended to approve the minutes of November 4, 2013 regular City Council
meeting.
B. Personnel Items
1. It was recommended to approve the temporary reclassification of Tom Miklya and
Sheen Yang to provide additional Building Inspection services.
1. It was recommended to approve the hiring of Seasonal Employees in Parks &
Recreation.
C. It was recommended to approve check registers dated November 1 and November 8, 2013.
D. It was recommended to approve and direct preparation of an ordinance amendment
to City Code Chapter 5 relative to restrictions on the number of on -sale liquor
licenses.
E. It was recommended to approve a cooperative purchasing contract with the
Houston - Galveston Area Council purchasing cooperative.
City Council Meeting Minutes
November 19, 2013
2 page
F. It was recommended to approve a Resolution to accept a donation of two Solar
Pod TM Solar Panels to be installed at Goat Hill Park.
G. It was recommended to authorize staff to apply for an Assistance to Firefighters Grant
for Self Contained Breathing Apparatus.
H. Item removed.
I. It was recommended to authorize additional Service Agreement with Mnspect
Company for Contract Building Inspections Services.
J. It was recommended to approve Appraised Values and Authorize Extension of
Offers, City Projects 923 and 1011, TH 55/149 Safety & Capacity Improvements.
K. It was recommended to approve a Limited Use Permit with MnDOT — City Contract
No. 14 -04, TH 55/ TH 149 Safety & Capacity Improvements.
L. It was recommended to approve a No Parking Resolution —TH 55 /TH 149.
M. It was recommended to approve Change Order No. 1, City Contract 13 -05, Cedar
Grove Parking Garage.
N. It was recommended to approve an Exempt Permit for Pinewood PTO to hold a
raffle on April 11, 2014.
0. It was recommended to approve an AccessEagan Conduit Space License Agreement
with Twin Cities Outlets Eagan LLC, Formally Known as Paragon Outlets Eagan LLC.
PUBLIC HEARINGS
FINAL ASSESSMENT HEARING, PROJECT 1100, DODD ROAD
City Administrator Osberg introduced the item noting Project 1100 provided for the street
improvements of Dodd Road, from Diffley Road to Cliff Road, a collector street in eastern Eagan.
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 Fields moved, Councilmember Bakken seconded a motion to approve the Final
Assessment Roll for Project 1100 (Dodd Road — Street Improvements) and authorize its certification to
Dakota County for collection. Aye: 4 Nay: 0
FINAL ASSESSMENT HEARING
PROJECT NO. 1097, SUMMER PLACE 1sT & 2ND
City Administrator Osberg introduced the item noting Project 1097 provided for street
improvements in the Summer Place 1St and 2nd neighborhoods in southeastern Eagan. 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 Fields moved, Councilmember Bakken seconded a motion to approve the Final
Assessment Roll for Project 1097 (Summer Place 1St and 2nd — Street Improvements) and authorize its
certification to Dakota County for collection. Aye: 4 Nay: 0
It
City Council Meeting Minutes
November 19, 2013
3 page
FINAL ASSESSMENT HEARING
PROJECT NO. 1046, OLD SIBLEY HIGHWAY
City Administrator Osberg introduced the item noting Project 1046 provided for the street
improvement of Old Sibley Highway, a commercial /industrial street in west central Eagan. 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 Fields moved, Councilmember Bakken seconded a motion to approve the Final
Assessment Roll for Project 1046 (Old Sibley Highway —Street Improvements) and authorize its
certification to Dakota County for collection. Aye: 4 Nay: 0
FINAL ASSESSMENT HEARING, PROJECT NO. 1121, PATRICK ADDITION
City Administrator Osberg introduced the item noting Project 1121 provided for street
improvements to Hay Lake Court in the Patrick Addition neighborhood, a residential cul -de -sac in
southeast Eagan. 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 Fields moved, Councilmember Bakken seconded a motion to approve the Final
Assessment Roll for Project 1121 (Patrick Addition (Hay Lake Court) — Street Improvements) and
authorize its certification to Dakota County for collection. Aye: 4 Nay: 0
FINAL ASSESSMENT HEARING, PROJECT NO. 1120, NICOLS ROAD
City Administrator Osberg introduced the item noting Project 1120 provided for street
improvements on a mixed -use segment of Nicols Road between Cedar Grove Parkway and Meghan
Lane in west - central Eagan. 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 Bakken moved, Councilmember Fields seconded a motion to approve the Final
Assessment Roll for Project 1120 ( Nicols Road —Street Improvements) and authorize its certification to
Dakota County for collection. Aye: 4 Nay: 0
FINAL ASSESSMENT HEARING
PROJECT NO. 1119, EAGANDALE CENTER INDUSTRIAL PARK
City Administrator Osberg introduced the item noting Project 1119 provided for the street
improvements in the Eagandale Center Industrial Park, a commercial /industrial area in northeast
Eagan, streets improved included Neil Armstrong Boulevard and Mike Collins Drive. Director of
Public Works Matthys gave a staff report.
I
City Council Meeting Minutes
November 19, 2013
4 page
Mayor Maguire opened the public hearing. There being no public comment, he turned discussion back
to the Council.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Final
Assessment Roll for Project 1119 (Eagandale Center Industrial Park — Street Improvements) and
authorize its certification to Dakota County for collection. Aye: 4 Nay: 0
FINAL ASSESSMENT HEARING, PROJECT NO. 1118, DODD FARM
City Administrator Osberg introduced the item noting Project 1118 provided for street
improvements on Calvin Court in the Dodd Farm neighborhood, a residential cul -de -sac in
southeast Eagan. 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 Fields moved, Councilmember Hansen seconded a motion to approve the Final
Assessment Roll for Project 1118 (Dodd Farm — Street Improvements) and authorize its certification to
Dakota County for collection. Aye: 4 Nay: 0
There was no old business to be heard.
OLD BUSINESS
NEW BUSINESS
City Administrator Osberg noted at the October 22nd Advisory Planning Commission meeting, they took
up the various land use applications by CSM for the Central Park Commons development located at
Yankee Doodle Road and Pilot Knob Road. Since that meeting, there has been a variety of discussions
among staff and representatives from CSM. Osberg noted a letter was received on behalf of CSM
requesting that the Central Park Commons development application be continued and asked for the
opportunity to discuss the pending plan with the City Council in a workshop meeting or similar format.
CSM representatives Peter Coyle and Michelle Culligan were available for questions.
Mayor Maguire asked Mr. Coyle why CMS needed the continuance. Mr. Coyle on the behalf of CSM,
explained the rationale for their requested continuance.
The Council discussed the request for continuation. After further discussion, it was the
recommendation of the City Council to continue the item indefinitely. Staff will work with CSM to
schedule a future meeting.
Councilmember Bakken moved, Councilmember Fields seconded a motion to receive and acknowledge
the applicants request to continue the Comprehensive Guide Plan Amendments, Rezoning, Preliminary
Planned Development and Preliminary Subdivision for the proposed Central Park Commons
development — CSM Eagan, LLC, indefinitely. Aye: 4 Nay: 0
i
City Council Meeting Minutes
November 19, 2013
5 page
LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE
There was no legislative /intergovernmental affairs update to be heard.
ADMINISTRATIVE AGENDA
CITY COUNCIL
Mayor Maguire thanked City staff for their hard work on the Virtual Budget Open House that aired on E-
TV and through the City's website on Monday, November 18tH
DIRECTOR OF PUBLIC WORKS
Director of Public Works Matthys noted on October 10, 2013, the Public Works Committee reviewed the
current winter maintenance practices. As a result of the review, the committee requested additional
information regarding the possible modification of the current winter maintenance service level and
directed said information to be presented to the City Council for consideration of winter maintenance
service level modifications.
Matthys presented cost summaries of the various levels of winter trail maintenance services. He noted
that the level of service being recommended by the committee would increase the total winter trail
maintenance operational costs by less than 10 %.
Councilmember Fields moved, Councilmember Bakken seconded a motion to approve implementation
of the Medium Level Service for the Winter Trail Maintenance Program, including the acquisition of up
to $35,000 of additional related equipment and authorization to modify the Winter Trail Maintenance
Policy to allow the utilization of staff overtime to provide said services. Aye: 4 Nay: 0
There were no visitors to be heard.
VISITORS TO BE HEARD
ADJOURNMENT
Councilmember Hansen moved, Councilmember Fields seconded a motion to adjourn the meeting at
7:32 p.m. Aye: 4 Nay: 0
Date
Mayor
City Clerk
0
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1.
ACTION TO BE CONSIDERED:
Approve the hiring of Melissa Timm, PT Office Support Specialist in Administrative Services.
FACTS:
• The City Council previously approved to fill the position on October 1, 2013.
Item 2.
ACTION TO BE CONSIDERED:
Approve the hiring of a full -time Temporary Street Maintenance Worker.
FACTS:
• Additional temporary help is needed in the Streets department during the winter months due
to a current full -time employee's leave of absence due to a work related injury.
• It is anticipated that this temporary position will be needed through mid -April 2014.
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED:
To ratify the check registers dated November 15, 2013 as presented.
ATTACHMENTS:
• Check register dated November 15, 2013 are enclosed without page number
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
CONSENT AGENDA
D. APPROVE PROPOSED 2014 ENTERPRISE FUND BUDGETS FOR
PUBLIC UTILITIES (WATER, SANITARY SEWER, STREET
LIGHTING, AND STORM DRAINAGE/WATER QUALITY), CASCADE
BAY, CIVIC ARENA, COMMUNITY CENTER, AND FIBER
INFRASTRUCTURE (ACCESSEAGAN)
ACTIONS TO BE CONSIDERED:
1) Approve the proposed 2014 Enterprise Fund budgets for Public Utilities (Water,
Sanitary Sewer, Street Lighting, and Storm Drainage /Water Quality), Cascade
Bay, Civic Arena, Community Center and Fiber Infrastructure (AccessEagan).
FACTS:
• The City Council reviewed all of the Enterprise Fund budgets at the October 8,
2013 special meeting.
• No changes from the October presentation are proposed for the Enterprise Fund
Budgets.
• User fees are the primary revenue source of Enterprise Fund budgets.
• The Community Center Fund includes a tax levy that is used to pay for the 2009B
(Refunding bonds) Debt Service. The levy is Market Value -based and is required
by the bond covenants; it is not optional. The Bonds will mature in 2021.
ATTACHMENTS:
• Enclosed on page is the Public Utilities Fund revenue and expenses
summary.
• Enclosed on page �°� is the Cascade Bay Fund revenue and expenses
summary.
• Enclosed on page VS is the Civic Arena Fund revenue and expenses summary.
• Enclosed on page (p is the Community Center Fund revenue and expenses
summary.
• Enclosed on page k` is the Fiber Infrastructure (AccessEagan) revenue and
expenses summary.
�Q
Revenues:
Service charges
Connection permits
Meter sales
Other
Total revenues
Operating expenses:
Personal services
Supplies, repairs, maint.
Other services & charges
Merchandise for resale
Capital equipment
MCES disposal charges
Total operating exp*
Public Utilities Fund
2014 Budget
Revenue and Expense Summary
Net operating cash inflow (outflow) 437,900 511,600
*Excluding depreciation expense
15,300 224,800 224,400 1,414,000
Other non - departmental revenues:
Interest income
Connection charges
Antenna lease revenue (excludes ECC allocation)
Other
Total - non -dept revenue
Net cash inflow (outflow)
100,000
350,000
645,500
58,200
1,153,700
$ 2,567,700
Sanitary
Street
Storm
Water
Water
Sewer
Lighting
Drainage
Quality
TOTALS
$ 4,469,000
$ 6,590,000
$ 634,000
$ 532,000
$ 880,000
$ 13,105,000
4,000
5,000
-
-
-
9,000
20,000
-
-
20,000
11,800
3,000
-
40,000
54,800
$ 4,504,800
$ 6,598,000
$ 634,000
$ 532,000
$ 920,000
$ 13,188,800
1,253,400
559,700
-
99,000
383,100
2,295,200
422,000
75,500
-
13,700
68,900
580,100
2,331,500
739,600
618,700
194,500
235,200
4,119,500
39,900
-
-
-
-
39,900
20,100
100,000
-
8,400
128,500
-
4,611,600
-
-
4,611,600
$ 4,066,900
$ 6,086,400
$ 618,700
$ 307,200
$ 695,600
$ 11,774,800
Net operating cash inflow (outflow) 437,900 511,600
*Excluding depreciation expense
15,300 224,800 224,400 1,414,000
Other non - departmental revenues:
Interest income
Connection charges
Antenna lease revenue (excludes ECC allocation)
Other
Total - non -dept revenue
Net cash inflow (outflow)
100,000
350,000
645,500
58,200
1,153,700
$ 2,567,700
Aquatic Facility (Cascade Bay) Fund
2014 Budget
Revenues, Expenses and Other Disbursements
Expenses
Personal Services
2011
2012
2013
2014
Parts & Supplies
Actual
Actual
Budget
Budget
Revenues
89,369
91,709
80,000
89,000
Daily Admissions /Season Pass
$ 644,982
$ 673,424
$ 665,000
$ 685,600
Group Sales
119,480
118,030
124,300
121,500
Concessions
195,902
211,762
200,000
208,000
Classes / Camps
29,438
31,508
24,900
27,000
Merchandise Sales
14,002
14,498
14,500
11,300
Vending
1,406
428
2,000
1,000
Rental
13,859
13,923
11,000
12,000
Interest
915
332
-
-
Other
2,673
1,080
400
1,000
Total Revenues
1,022,658
1,064,985
1,042,100
1,067,400
Expenses
Personal Services
$ 509,572
$ 543,550
$ 595,600
$ 621,500
Parts & Supplies
78,080
72,180
95,800
89,700
Cost of Concession Sales
89,369
91,709
80,000
89,000
Services & Other Charges
166,522
169,290
194,200
195,500
Capital Outlay
8,296
3,043
6,600
1,800
Sub -total Expenses
851,839
879,772
972,200
997,500
Replenish operating cash
-
81,300
-
-
Reserve for Renewal & Replacement
67,100
69,900
69,900
69,900
Total Operating Expenses and R &R $ 918,939 $ 1,030,972 $ 1,042,100 $ 1,067,400
Non - Operating Disbursements
Debt Service Payments 149,788 - - -
Total Expenses /Non -Op Disbursements $ 1,068,726 $ 1,030,972 $ 1,042,100 $ 1,067,400
N
Civic Arena Fund
2014 Budget
Revenues, Expenses and Other Disbursements
2011 2012 2013 2014
Actual Actual Budget Budget
Revenues
Group Sales
$ 253,413
$ 245,848
$ 241,700
$ 255,000
Concessions
62,279
60,962
64,000
64,000
Merchandise Sales
9,009
9,455
8,000
9,100
Vending
16,694
19,266
20,000
18,000
Rental
621,302
665,863
686,500
691,500
Other
21,380
26,499
19,400
17,000
Total Revenues
984,077
1,027,893
1,039,600
1,054,600
Expenses
Personal Services
$ 490,140
$ 498,905
$ 463,100
$ 493,200
'Parts & Supplies
47,301
47,572
48,500
49,000
Cost of Concession Sales
40,187
45,952
41,000
45,000
Services & Other Charges
225,968
230,246
233,700
236,100
Capital Outlay
18,172
22,174
1,700
1,700
Sub -total Expenses
821,768
844,849
788,000
825,000
Capital Equipment Allocation
-
-
10,000
10,000
Reserve for Renewal & Replacement
-
-
59,600
120,200
Total Operating Expenses and R &R
$ 821,768
$ 844,849
$ 857,600
$ 955,200
Non - Operating Disbursements
Debt Service Payments
183,424
183,373
182,000
99,400
Total Expenses /Non -Op Disbursements
$ 1,005,192
$ 1,028,222
$ 1,039,600
$ 1,054,600
2014 ECC rev -exp summary.xlsx
Eagan Community Center Fund
2014 Budget
Revenues, Expenses and Other Disbursements
11/26/2013
Expenses
Personal Services
2011
2012
2013
2014
Parts & Supplies
Actual
Actual
Budget
Budget
Revenues
35,554
34,470
37,000
37,000
Personal Trainers
$ 61,031
$ 69,388
$ 75,000
$ 80,000
Equipment Rental
17,208
20,154
26,000
29,800
Parks /Rec Programming
9,289
8,991
10,000
11,000
Concessions /Vending /Merchandise Sales
83,127
81,501
85,000
120,000
Group Sales
45,966
35,224
50,300
40,000
Daily Admissions
102,678
104,081
111,500
105,000
Memberships
596,845
584,576
600,000
610,000
Room & Facility Rentals
273,104
261,129
341,500
341,000
Contract Revenue
79,455
88,832
95,000
95,500
Passport Processing
-
-
-
-
ECVB Rent
12,585
13,578
12,700
14,000
Other
67,670
55,772
6,000
3,000
Total Revenues
1,348,958
1,323,226
1,413,000
1,449,300
Other Financing Sources
Antenna Lease Revenues
286,753
286,753
298,100
310,500
Total Revenues /Other Financing Sources
$ 1,635,711
$ 1,609,979
$ 1,711,100
$ 1,759,800
Expenses
Personal Services
$ 1,018,825
$ 1,084,737
$ 1,049,100
$ 1,049,100
Parts & Supplies
61,812
59,162
61,600
61,600
Cost of Merchandise Sales
35,554
34,470
37,000
37,000
Services & Other Charges
334,995
271,677
385,300
385,300
Capital Outlay
15,774
25,374
20,100
20,100
Total Operating Expenses
1,466,961
1,475,420
1,553,100
1,553,100
Reserve for Renewal & Replacement
158,000
158,000
158,000
158,000
Total Operating Expenses and R &R
$ 1,624,961
$ 1,633,420
$ 1,711,100
$ 1,711,100
Debt Service -- voter - approved tax levy
1,358,613
986,483
1,067,288
1,060,600
N
Fiber Infrastructure (AccessEagan)
2014 Budget
Revenues, Expenses and Other Disbursements
1'
2011 2012
2013
2014
Actual Actual
Budget
Budget
Revenues
State Grants
$ $ -
$ 2,600
$ 2,600
Investment Income
- 1,124
-
-
Rental
- 5,643
-
-
Fiber Lease
- -
52,300
86,500
Other
- 62,974
-
-
Total Revenues
- 69,741
54,900
89,100
Expenses
Personal Services
$ - $ -
$ 59,200
$ 107,300
Parts & Supplies
- -
1,000
10,600
Services & Other Charges
- 68,350
137,100
131,700
Capital Outlay
- 4,148
250,000
204,200
Project - Contract
4,061
121,100
175,000
Total Expenses
- 76,559
568,400
628,800
1'
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
CONSENT AGENDA
E. APPROVE 2014 SPECIAL REVENUE FUNDS BUDGETS: HOUSING
FUND, DWI FORFEITURE FUND, MINNESOTA INVESTMENT FUND
(MIF) REVOLVING LOAN FUND, CEDAR GROVE SPECIAL
SERVICES DISTRICT FUND, CABLE TV FRANCHISE FEES FUND,
AND E -TV FUND
ACTION TO BE CONSIDERED:
Approve the 2014 budgets for the following Special Revenue Funds:
Housing Fund
DWI Forfeiture Fund
MIF Revolving Loan Fund
Cedar Grove Special Services District Fund
Cable TV Franchise Fees Fund
E -TV Fund
FACTS:
• For financial reporting purposes, it is required that the City Council adopt each of
these budgets.
• The purpose of each fund, the revenue sources, and the expenditure categories are
listed for each fund in the attachments.
• The Council reviewed the E -TV Fund budget at a workshop in October.
• There are no tax levies related to these funds.
ATTACHMENTS:
• Housing Fund budget on pages M and r;rO .
• DWI Forfeiture Fund budget on pages al and as .
• MIF Revolving Loan Fund budget on pages a3 and
• Cedar Grove Special Services District Fund budget on pages a5- and DO
• Cable TV Franchise Fees Fund budget on pages a7 and c
• E -TV Fund budget on pages � through S3
m, City of }saran 2014 Proposed Budget Operating Budget
Special Revenue Funds — Housing Fund (113)
PURPOSE & DESCRIPTION
The purpose and description of the Special Revenue Housing Fund is to:
• Provide financing for future housing - related developments within the City.
• The fund was established in 1998 as the consolidation of the Housing Revenue
Bonds Fund and the Housing and Redevelopment Authority (HRA) Fund.
• The Housing Revenue Bonds Fund accounted for annual fees collected on the
principal balance of revenue bonds issued under the City's name.
• The HRA Fund accounted for the tax increment financing (TIF) proceeds and
expenditures of the Cinnamon Ridge Apartments interest rate reduction
program. The TIF district expired in 1997 and a note was issued by Cinnamon
Ridge to the City in the amount of the total TIF proceeds. In 1998, the City sold its interest in the note to a third
party for $1,200,000, and as a component of this transaction, the proceeds of the closing were loaned to the
Cascade Bay Aquatic Facility. In 2012, the $545,000 balance of the Cascade Bay loan was forgiven.
The Special Revenue Housing Fund is responsible for the following functions:
• To account for annual fees collected on the principal balance of revenue bonds issued under the City's name used
to finance multi - family housing developments.
a]
Clly OI �dlflil 2014 Proposed Budget Operating Budget
Special Revenue Funds - Housing Fund (113)
Fund Balance, Beginning of Year
Revenues:
Housing Bond Fees
Interest on Investments
Total Revenues
Other Financing Sources:
Interest on Loan
Principal on loan*
Tota I Other Fi na nci ng Sou rces
Total Revenues and Other
Financing Sources
Expenditures:
Monitoring Fee
Contractual Services
Total Expenditures
Other Financing Uses
Transfer Out -Cedar Grove TI F
Transfer Out- Cascade Bay
Total Other Financing Uses
Fund Balance, End of Year
*Excluded from fund balance
HIGHLIGHTS & CHANGES
Overview: With the revised Cascade Bay financing
arrangement in effect for 2012, housing bond fees and
interest are the sole revenue sources for this fund,
REVENUE & EXPENDITURE DETAIL
2011
2012
2013
2014
Actual
Actual
Budget
Budget
$ 2,919,604
$ 199,088
$ 247,235
$ 289,235
3,000
2,800
2,800
2,900
43,718
44,443
44,100
44,100
9,972
6,504
700
4,339
53,690
50,947
44,800
48,439
23,794 - -
23,794
77,484
50,947
44,800
48,439
2,700
2,700
2,500
2,600
300
100
300
300
3,000
2,800
2,800
2,900
2,250,000 -
545,000 - - -
2,795,000 - - -
$ 199,088 $ 247,235 $ 289,235 $ 334,774
2
I �I�
2014 Proposed Budget
Special Revenue Funds — DWI Forfeiture Fund (115)
Operating Budget
PURPOSE & DESCRIPTION
The purpose and description of the Special Revenue DWI Forfeiture Fund is
to:
• Account for money received from the court system related to DWI
forfeitures.
• The money accounted for in this fund is restricted for police
operations.
• This fund was created in 2006.
The Special Revenue DWI Forfeiture Fund is responsible for the following
a
p p g
functions:
• Accounting for money received from the court system related to DWI forfeitures.
• Purchase of new police equipment and police vehicles with DWI forfeiture monies.
a;
m. City of Ed1p 2014 Proposed Budget Operating Budget
Special Revenue Funds — DWI Forfeiture Fund (115)
Expenditure by Category
HIGHLIGHTS & CHANGES
Blood /_ Prof Svcs Overview: No significant changes in revenues are
draws 100% anticipated; no significant changes in expenditures are
0% planned.
Conf &-
I- 'Train
Parts and 0R '
Supplies �r
0%
REVENUE & EXPENDITURE DETAIL
2011 2012 2013 2014
Actual Actual Budget Budget
Fund Balance, Beginning of Year $ 4,140 $ 6,919 $ 25,712 $ 24,712
Revenues:
DWI Forfeitures 14,355 29,322 25,000 22,000
Other revenues - 1 - -
Interest on Investments 36 25 - --
Total Revenues 14,391 29,348 25,000 22,000
Other Financing Sources:
Transfers 1 In - - - -
Total Other Financing Sources - - - -
Total Revenues and Other
Financing Sources 14,391 29,348 25,000 22,000
Expenditures:
Parts and Supplies 200 - 15,800 -
Conference & Training - - 200 -
Professional Services 11,412 10,555 10,000 11,000
Blood draws for DWI cases - - - -
Mobile Equipment - - -
Total Expenditures 11,612 10,555 26,000 11,000
Fund Balance, End of Year $ 6,919 $ 25,712 $ 24,712 $ 35,712
J''a
2014 Proposed Budget
Special Revenue Funds — MIF Revolving Loan Fund (118)
PURPOSE & DESCRIPTION
The purpose of the Minnesota Investment Fund (MIF) Revolving Loan Special
Revenue Fund is to;
• Create and grow a lending program to Eagan businesses that can create
jobs through investment in capital expansion. Currently, only a single
loan is in place, but collections on the existing loan will provide
additional funds that can be loaned to other businesses to create more
jobs.
Operating Budget
In 2009, the City received the full amount of the initial loan, $350,000, as a grant from the State MIF to make the loan.
Under the terms of the City's agreement with the MIF, 80% of the loan payments collected are to be returned to the State,
and the remaining 20% are to be retained by the City for the purpose of making additional loans in the future.
d3
City Of ap 2014 Proposed Budget Operating Budget
p 9 g
Special Revenue Funds — MIF Revolving Loan Fund (118)
HIGHLIGHTS & CHANGES
Overview: The loan to Biothera was made in 2009.
Activity in the fund consists of receipt of the monthly
payments from Biothera and the related payment to the
State's Minnesota Investment Fund (MIF) of 80% of
receipts.
REVENUE & EXPENDITURE DETAIL
jq
2011
2012
2013
2014
Actual
Actual
Budget
Budget
Fund Balance, Beginning of Year
17,220
28,829
$ 40,396
$ 51,996
Revenues:
State Grants
$ -
-
-
Biothera loan payments
57,409
57,409
57,400
57,400
Interest income
127
85
100
100
Total Revenues
57,536
57,494
57,500
57,500
Expenditures:
MIF Repayment to State
45,927
45,927
45,900
45,900
Total Expenditures
45,927
45,927
45,900
45,900
Excess of Revenue Over(Under)
Expenditures
11,609
11,567
11,600
11,600
Fund Balance, End of Year
28,829
$ 40,396
$ 51,996
$ 63,596
jq
10� City of HOPH 2014 Proposed Budget Operating Budget
Special Revenue Funds — Cedar Grove Special Services District (119)
PURPOSE & DESCRIPTION
The purpose and description of the Special Revenue Cedar Grove Special Services District
is to:
• Account for taxes collected and expenditures made pertaining to the Cedar
Grove area special services tax district.
• The special services tax district was established in 1995.
The Special Revenue Cedar Grove Special Services District is responsible for the following
functions:
• To provide sign maintenance and turf maintenance for the Cedar Grove area
City of EOPH 2014 Proposed Budget Operating Budget
Special Revenue Funds — Cedar Grove Special Services District (119)
Expenditure by Category
HIGHLIGHTS & CHANGES
Overview: No levy is proposed for 2014 as fund balance
is to fund budgeted expenditures.
REVENUE & EXPENDITURE DETAIL
2011
2012
2013
2014
Actual
Actual
Budget
Budget
Fund Balance, Beginning of Year $ 4,483
$ 3,507
$ 2,524
$ 1,524
Revenues:
Special Services District Taxes
Interest on Investments 24 17
Total Revenues 24 17 -
Expenditures:
Mowing & weed control
1,000
1,000
1,000
1,000
Total Expenditures
1,000
1,000
1,000
1,000
Excess of Revenue Over (Under)
Expenditures
(976)
(983)
(1,000)
(1,000)
Fund Balance, End of Year
$ 3,507
$ 2,524
$ 1,524
$ 524
D�
UME-61`1- W1,111
2014 Proposed Budget
Special Revenue Funds — Cable TV Franchise Fee Fund (196)
PURPOSE & DESCRIPTION
The purpose and description of the Special Revenue Cable TV Franchise Fee Fund is to:
• Account for franchise fees paid to the City from the local cable franchises.
• Restricted for communications and cable television activities. The Special Revenue
Cable TV Franchise Fee Fund is responsible for the following functions:
• The money is used for communications and cable television related activities,
primarily the Communications Department budget and the City's share of the
funding for Eagan Television (E -TV)
Operating Budget
I I
City Of l yn 2014 Proposed Budget Operating Budget
Special Revenue Funds - Cable TV Franchise Fee Fund (196)
HIGHLIGHTS & CHANGES
Overview: The fund continues to support the
Communications budget in the General Fund and the
non - PEG - eligible expenditures of the E -TV Fund. No
significant changes in revenues are anticipated.
REVENUE & EXPENDITURE DETAIL
Expenditure by Category
2012
2013
..
Communic
Actual
Actual
Dept
E -TV Opns
Fund Balance, Beginning of Year
Transfer
Tra nsfer
$ 1,955,068
92%
0%
Cable TV Franchise Fees
Capital
'
774,000
Equi pment
Interest on Investments
8%
0%
5,700
HIGHLIGHTS & CHANGES
Overview: The fund continues to support the
Communications budget in the General Fund and the
non - PEG - eligible expenditures of the E -TV Fund. No
significant changes in revenues are anticipated.
REVENUE & EXPENDITURE DETAIL
ME
2011
2012
2013
2014
Actual
Actual
Budget
Budget
Fund Balance, Beginning of Year
$ 2,561,643
$ 1,949,519
$ 1,955,068
$ 1,871,868
Revenues:
Cable TV Franchise Fees
774,110
791,138
774,000
782,000
Interest on Investments
15,447
10,149
5,700
7,000
Total Revenues
789,557
801,287
779,700
789,000
Expenditures:
Capital Equi pment per Cl P
129,683
-
-
44,000
Professional Services
400
200
-
Total Expenditures
130,083
200
-
44,000
Other Financing Uses:
523,400
Transfer to General Fd - Communications
431,523
441,680
494,600
534,900
Transfer to E -TV Fd - non- PEG - eligible
330,075
-
368,300
-
Transfer to Fiber Infrastructure Fund
510,000
353,858
-
-
Total Other Financing Uses
1,271,598
795,538
862,900
534,900
Total Expenditures and Other Financing Uses
1,401,681
795,738
862,900
578,900
Fund Balance, End of Year
$ 1,949,519
$ 1,955,068
$ 1,871,868
$ 2,081,968
ME
11-k City of Eapn 2014 Proposed Budget Operating Budget
E -TV (197)
Responsible Manager: Tom Garrison, Director of Communications
PURPOSE & DESCRIPTION
Eagan Television (E -TV) creates public, educational, and government cable TV
programming through a partnership of volunteers and professional staff. E -TV also
provides television production equipment facilities, and channel time to televise locally -
produced programming. It is cable programming by the community, for the community.
PERFORMANCE INDICATORS
a�
2011
2012
2013
2014
Description
Actual
Actual
Estimate
Target
Monthly Staff Program Production
10
16
24
30
Monthly Access Show Production
18
23
32
40
New Volunteers
120
110
80
100
Outside Revenue
$3,017
$11,108
$25,000
$35,000
Opportunities For Youth 12 -18
30
43
75
150
a�
m_ City of EaPH 2014 Proposed Budget Operating Budget
Parts and
Expenditure by Category Supplies
6%
Personal
Services
69%
E -TV (197)
Responsible Manager: Tom Garrison, Director of Communications
d Other
ha rges
21%
:apital
Jutlay
4%
HIGHLIGHTS & CHANGES
Overview: The regular E -TV (Eagan Television) operational
budget is flat with an actual decrease of 4.3 %. This is
accomplished despite the extraordinary costs associated
with the three year cable franchise renewal process that
occurs only once every 10 -15 years. 2014 will be the final
year of that process for Eagan.
The E -TV budget is funded by non - taxpayer dollars. The
sources of funding are franchise fees paid by Comcast and
a small fee on local subscriber bills which supports capital
equipment for Public, Educational and Governmental
(PEG) public access facilities
Highlight /Change 1: Even though overall Professional Services are down 49% from 2013 budgeted numbers, the attorney
costs in the final year of Franchise renewal are forecast to be 50% higher than 2013 as actual negotiations with the cable
company are held. It should also be noted that the big ticket item of the Needs Assessment study, which is often the most
expensive as it serves as the basis for Eagan's negotiating strategy, will not be in the 2014 budget as originally planned,
because there was an identified need to initiate it in 2013 instead. That will make 2013 more expensive than forecast and
2014 less expensive. While notable as an expense, this investment helps Eagan hold the line against the erosion of millions
of dollars of PEG and Franchise support Eagan has received since 1999.
Financial Impact: $15,000 increase in projected legal fees. Have targeted and reduced the number of questions needed in
a subscriber survey for a decrease of $10,000.
Service Level Impact: Franchise negotiations will take an ever more significant amount of Director Garrison's time in 2014,
but should not affect day -to -day E -TV operations.
Highlight /Change 2: With the demand for more and more evening and weekend event and activity coverage, we've moved
$3,500 into SALARIES AND WAGES - TEMPORARY (6130) and $500 into OVERTIME — REGULAR (6112) to pay for personnel to
provide video coverage of these events. This increase is offset by decreases in other accounts.
Financial Impact: $4,000 Increase in these accounts offset by $4,000 decreases in others,
Service Level Impact: We will be able to cover more events and open up other events for coverage without impacting our
regular daily duties.
Highlight /Change 3: With the addition of the Marketing Specialist in the Communications Department, we've increased the
GENERAL ADVERTISING (6357) account by $1,100 to provide additional funds to work with this position, to market the
opportunities E -TV provides to even more community groups. This will allow us to continue to expand our outreach efforts
to Eagan's growingly diverse population.
Financial Impact: $1,100 Increase in these accounts offset by $1,100 decreases in others.
Service Level Impact: This will allow us to expose the opportunities that E -TV can offer community and civic groups that
may not know how to effectively use our resources.
— City of E3pfl 2014 Proposed Budget Operating Budget
E -TV (197)
Responsible Manager: Tom Garrison, Director of Communications
EXPENDITURE SUMMARY
POSITION INVENTORY
Personnel
Actual
Actual
Budget
Budget
Expenditure
2011
2012
2013
2014
Personal Services
$ 328,382
$ 352,552
$ 359,800
$ 375,900
Parts and Supplies
30,597
26,455
34,100
31,600
Services and Other Charges
90,597
67,116
154,800
113,800
Capital Outlay
11,082
146,819
18,400
21,600
Total
$ 460,657
$ 592,942
$ 567,100
$ 542,900
POSITION INVENTORY
Personnel
2011
2012
2013
2014
Hours
Studio Supervisor
1
1
1
1
2,080
Client Services Coordinator
1
1
1
1
2,080
Govt Programming Coordinator
1
1
1
1
2,080
Field Coordinator /Video Specialist
1
1
0
0
0
Videographer /Editor
0
0
1
1
2,080
Total
4
4
4
4
8,320
WORK PLAN 2014
Activit
Routine
®1 Supervision of PEG channels for Eagan
2 Provide and maintain public access facilities
3 Providetraining for PAfaciiity and equipment
4 Facilitate, organize and execute the playback of all sponsored PA shows
5 Provide coverage of community events
6 Provide coverage of all Eagan government meetings
7 Provide video production services to City of Eagan departments
8 Provide video production services to revenue generating clients
9 Assist Comcast customers with complaints
10 Provide video production services to Thomson Reuters in exchangefor rent
m City of 1;ap 2014 Proposed Budget Operating Budget
E -TV (197)
Responsible Manager: Tom Garrison, Director of Communications
REVENUE SUMMARY
CIP (PEG) Volunteer Cameras
CIP (PEG) Tri caster 855
0
CAPITAL PURCHASES
$ 12,500
33,700
Total $ 46,200
Actual
Actual
Budget
Budget
Revenue
2011
2012
2013
2014
4689
PEG fees (total)
$ 351,958
$ 364,808
$ 350,000 $
360,000
Less: PEG fees used for current year CIP - E -TV
(36,305)
(64,733)
(74,400)
(46,200)
PEG fees used for current year CIP -Eagan Rm /CC
(82,086)
(114,300)
-
PEG fees used (available) for future cap. exp.
(196,179)
6,707
7,500
(189,300)
Net PEG fees used for E -TV operations
119,474
224,696
168,800
124,500
4690
City contribution - from Cable Franchise Fees fund
330,074
353,858
368,300
383,400
4695
E -TV dubbing
-
1,657
-
2,500
4699
Class fees
4,230
8,040
13,000
14,000
4696
Dub /Rental /Paid production
1,047
-
12,000
-
4697
E -TV paid production
5,831
3,497
-
13,500
4698
Community programming sponsorship
-
1,194
5,000
5,000
Total Operating Revenues
460,657
592,942
567,100
542,900
CIP (PEG) Volunteer Cameras
CIP (PEG) Tri caster 855
0
CAPITAL PURCHASES
$ 12,500
33,700
Total $ 46,200
m City of po 2014 Proposed Budget Operating Budget
E -TV (197)
Responsible Manager: Tom Garrison, Director of Communications
LINE ITEM DETAIL
Mw
DPWAM
2011
2012
2013
2014
Actual
Actual
Budget
Budget
6110 SALARIES AND WAGES- REGULAR
234,133
250,875
260,700
267,400
6112 OVERTIME - REGULAR
3,171
4,941
2,500
3,000
6130 SALARIES AND WAGES - TEMPORARY
15,721
19,881
15,000
18,500
6142 PERA- COORDINATED
17,892
19,586
20,200
20,900
6144 FICA
18,481
20,266
21,300
22,100
6151 HEALTH INSURANCE /VEBA
36,706
34,637
38,300
42,100®
6152 LIFE
454
490
-
-
6154 DISABILITY - LONGTERM
858
938
-
-
6155 WORKERS COMPENSATION
966
938
1,800
1,900
PERSONAL SERVICES
328,382
352,552
359,800
375,900
6210 OFFICE SUPPLIES
300
225
500
500
6212 OFFICE SMALL EQUIPMENT
128
-
500
500
6215 REFERENCE MATERIALS
188
34
500
500
6220 OPERATING SUPPLIES- GENERAL
10,118
7,876
9,300
9,300
6224 CLOTH] NG /PERSONALEQUIPMENT
-
-
2,000
2,000
6231 MOBILE EQUIPMENT REPAIR - PARTS
593
1,595
3,500
2,000
6232 SMALL EQUIPMENT REPAIR - PARTS
3,650
3,479
3,500
2,500
6235 FUEL, LUBRICANTS, ADDITIVES
1,975
2,166
2,000
2,000
6270 COMPUTER SOFTWARE
13,646
11,080
12,300
12,300
PARTS & SUPPLIES
30,597
26,455
34,100
31,600
6310 PROFESSIONAL SERVICES- GENERAL
661
1,148
78,500
39,800
6311 LEGAL
-
5,650
-
-
6313 PLANNING
-
3,618
6314 AUDITING
400
200
-
-
6346 POSTAGE
43
48
500
500
6347 TELEPHONE SERVICE & LINE CHARGES
-
-
100
100
6353 PERSONALAUTO /PARKING
-
10
400
100
6355 CELLULAR TELEPHONE SERVICE
1,971
1,961
2,700
2,700
6357 GENERAL ADVERTISING
1,113
-
2,100
3,200
6359 LEGAL NOTICE PUBLICATION
-
200
200
6370 GENERAL PRINTING AND BINDING
-
-
1,000
1,000
6385 INSURANCE
7,400
7,400
7,400
7,400
6405 ELECTRICITY
36,000
12,000
12,000
12,000
6425 MO BI LEEQUIPMENTREPAIR - LABOR
-
925
2,500
1,500
6426 SMALLEQUIPMENTREPAIR - LABOR
4,276
3,772
8,000
5,500
6457 MACHINERY& EQUIPMENT RENTAL
10,346
-
400
400
6475 MISCELLANEOUS
5,101
6,283
4,900
5,000
6476 CONFERENCES AND SCHOOLS
1,693
1,155
5,300
4,600
6477 LOCAL MEET] NG EXPENSES
100
140
800
800
6478 TUITION AND REIMBURSEMENTS
-
-
-
-
6479 DUES AND SUBSCRIPTIONS
2,480
3,105
4,800
4,500
6480 LICENSES, PERMITS AND TAXES
-
16
-
-
6569 MAINTENANCE CONTRACTS
19,014
19,685
23,200
24,500
OTHER SERVICES AND CHARGES
90,597
67,116
154,800
113,800
6640 MACHINERY /EQUIPMENT
10,609
9,709
12,200
15,200
6660 OFFICE FURNISHINGS /EQUIPMENT
473
-
400
400
6670 OTHER EQUIPMENT
-
137,110
-
-
6680 MOBILE EQUIPMENT
5,800
6,000
CAPITALOUTLAY
11,082
146,819
18,400
21,600
TOTAL E -TV
460,657
592,942
567,100
542,900
-4.3
Mw
DPWAM
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
CONSENT AGENDA
F. APPROVE 2014 EAGAN CONVENTION VISITORS BUREAU (ECVB)
BUDGET
ACTION TO BE CONSIDERED:
Approve the 2014 Eagan Convention Visitors Bureau Budget
FACTS:
• The City Council reviewed the ECVB 2014 budget and heard remarks from Mr.
Cory, the President and CEO of the ECVB, at the October 8, 2013 special
meeting.
• No changes from the October presentation are proposed for the ECVB budget.
• In summary, the 2014 ECVB budget features a 5.2% increase over FY 2013. The
increase is fueled by expected growth in hotel occupancy and average daily rates
generated by growth in leisure travel to Eagan.
• While the ECVB Board operates independently from the City, Section 3.2 of the
Operating Agreement with the City of Eagan requires the ECVB to submit its
work plan and operating budget to the City Council for its "review and approval."
ATTACHMENTS:
• Eagan Convention Visitors Bureau Budget on page., 35
34
Eagan Convention & Visitors Bureau
Proposed 2014 Budget
EXPENSES
Personnel
2011
2012
2013
2014
Other
Actual
Actual
Budget
Budget
INCOME
14,220
11,460
8,000
8,000
Lodging tax
$ 771,910
$ 782,843
$ 815,000
$ 866,250
Other
20,406
12,674
11,000
8,000
Utilization of reserves
125,000
125,000
100,000
100,000
926,000
974,250
Net income
Total Income
917,316
920,517
926,000
974,250
EXPENSES
Personnel
267,322
266,647
276,000
289,225
Other
121,194
138,000
130,000
131,000
Office
14,220
11,460
8,000
8,000
Marketing
451,645
453,635
483,000
512,525
Travel & Entertainment
19,568
20,043
29,000
33,500
Total Expenses
873,949
889,785
926,000
974,250
Net income
$ 43,367 $
30,732 $
- $
-
J
Agenda Information Memo
December 3, 2013, Eagan City Council Meeting
G. APPROVE RESOLUTION RENEWING EXISTING ALCOHOL LICENSES FOR
2014
ACTION TO BE CONSIDERED:
To approve a resolution renewing existing alcohol licenses for 2014
FACTS:
The breakdown of the alcohol license renewals for the year 2014 are anticipated to be as
follows:
o 16 Off -Sale Liquor
o 33 On -Sale Liquor (2 hotels and 31 traditional restaurants)
o 9 On -Sale Wine and Beer
o 3 On -Sale Beer
o 12 Off -Sale Beer
o 1 Brewpub Off -Sale Malt Liquor
o 1 Sports /Convention Facility
➢ The proposed resolution includes those establishments that have submitted a complete
renewal package. The remainder of the license renewals will be approved by the City Clerk,
as authorized by the City Council, when a completed renewal package is submitted.
ATTACHMENTS (1):
Proposed resolution on pages � t039
8�
RESOLUTION NO.
CITY OF EAGAN
RENEWING ALCOHOL LICENSES FOR 2014
WHEREAS, the following alcohol licensees have completed renewal applications and
paid a license fee for the renewal of their alcohol licensed; and
WHERAS, the Eagan Police Department has reviewed the renewal applications as they
are on file with the City Clerk; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, hereby grants and approves, effective January 1, 2014 to December 31,
2014, the following alcohol licenses as follows:
On -Sale Liquor
License and Sunday Liquor License
License Name
DBA
Location
Ansari Brothers, Inc.
Ansari's Mediterranean Grill
& Bar
1960 Rahncliff Court
Apple Minnesota, LLC
Applebee's Neighborhood
Grill & Bar
1335 Town Centre Drive
Blazin Wings, Inc.
Buffalo Wild Wings Grill &
Bar
1280 Promenade Place
ERJ Dining IV, LLC
Chili's Grill & Bar
3625 Pilot Knob Road
Location
El Parian Mexican Restaurant
1960 Cliff Lake Road #117
Arzu's Restaurant Concept,
Inc.
Genghis Grill
1304 Town Centre Drive
Granite City Restaurant
Operations, Inc.
Granite City Food & Brewery
3330 Pilot Knob Road
GM Eagan LLC
Green Mill Restaurant & Bar
1940 Rahncliff Court
HGIE, LLC
Hilton Garden Inn Eagan
1975 Rahncliff Court
Wheatstone Restaurant Group,
LLC
Houlihans
1294 Promenade Place
Eagan Jake's, Inc.
Jake's City Grille
1288 Promenade Place
Lone Oak Grill, LLC
Lone Oak Grill
3010 Eagandale Place
Wadsworth Old Chicago, Inc.
Old Chicago Pizza
1312 Town Centre Drive
Wildcats Bar and Grill, LLC
Wildcats Bar and Grill
1448 Yankee Doodle Road
Off -Sale 3.2 Percent Malt Liquor (Beer)
License
License Name
DBA
Location
Kwik Trip, Inc.
Kwik Trip #662
3145 Dodd Road
Wal -Mart Stores, Inc.
Wal -Mart Store #1786
1360 Town Centre Drive
Eagan 2008 LLC
Cub Foods #31794
1020 Diffley Road
Daisy Petroleum, Inc.
Daisy Petroleum
4198 Pilot Knob Road
Holiday Stationstores, Inc. Holiday Stationstore #232 4595 Nicols Road
SUPERVALU Inc. Cub Foods 1940 Cliff Lake Road
Off -Sale Liquor Licenses
License Name
DBA
Location
Drinks Liquor, Inc.
Drinks Liquor
3090 Courthouse Lane
Sidoco, Inc.
Big Top Wine & Spirits
1284 Town Centre Drive
Byerly's Beverages, Inc.
Byerly's Wines and Spirits
1299 Promenade Place
Cellars Wines /Spirits /Eagan
Inc.
Cellars Wine & Spirits
2113 Cliff Road
Kowalski Companies, Inc.
Kowalski's Eagan Wine
Market
1646 Diffley Road
T's Discount Liquor, Inc.
Big Discount Liquor
3900 Cedar Grove Parkway
Prosperity Liquor, Inc.
T L Liquors
1565 Cliff Road, Suite 18 &
19
SUPERVALU, Inc.
Cub Liquors
1016 Diffley Road, Suite 800
The Herman Groun, Inc.
Diffley Square Liquors
4130 Blackhawk Road
License Name
Davanni's Inc.
On -Sale 3.2 Percent Malt
DBA
Davanni's Pizza
or (Beer) License
Location
1960 Cliff Lake Road
On -Sale Wine, Sunday Wine & 3.2 Percent Malt Liquor (Beer) License
License Name DBA Location
Sanaat, Inc. Indian Zavka 1260 Town Centre Drive
Sports or Convention Facility License
License Name DBA Location
Pear One, Inc. Roasted Pear 1501 Central Parkway
Off -Sale Brewpub License
License Name DBA Location
Granite City Restaurant Granite City Food & Brewery 3330 Pilot Knob Road
Operations, Inc.
BE IT FURTHER RESOLVED that the City Council directs the City Clerk to issue
said licenses.
CITY OF EAGAN
CITY COUNCIL
In
It's Mayor
Attest:
It's Clerk
Motion by:
Seconded by:
Those in favor:
Those against:
Date: December 3, 2013
CERTIFICATION
I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd
day of December, 2013.
City Clerk
a,
Agenda Information Memo
December 3, 2013, Eagan City Council Meeting
H. APPROVE RESOLUTION DIRECTING THE CITY CLERK TO ISSUE 2014
ALCOHOL LICENSE RENEWALS UPON LICENSEES' SUBMISISON OF
RENEWAL DOCUMENTS AND FEES
ACTION TO BE CONSIDERED:
To approve a resolution directing the City Clerk to issue 2014 alcohol license renewals upon the
licensees' submission of renewal documents and fees.
FACTS:
➢ In an effort to streamline the year -end license renewal process and to ensure the issuance of
as many license renewals as possible prior to the December 31, 2013 expiration date, the
following renewal process was instituted in 2009 per the direction of the City Attorney's
office.
➢ All completed alcohol license renewals have been placed on the Consent Agenda as one
action item for approval by the City Council at one Council meeting. All incomplete
renewals items are identified in this agenda item. The City Council is being asked to direct
the City Clerk to issue the incomplete license renewals upon the licensees' submission of all
renewal documents and fees and successful review by the Police Department.
➢ All documentation and fees must be submitted to the City Clerk's office by 4:30 p.m. on
Tuesday, December 31, 2013, at which time the City Clerk's authority to issue 2014 license
renewals will cease. If a renewal application is incomplete in any way, the 2013 license will
expire as of 12:01 a.m. January 1, 2014 and the establishment will be unable to sell alcohol
until a new application is submitted, all fees are paid, and Council has approved the license.
For some licenses, final approval by the State of Minnesota will also be necessary.
➢ The City Clerk's Office contacts every licensee whose renewal applications have not been
received or were not complete by the November 15 deadline. Additional reminders are sent
as needed to inform the licensees that all renewal information and fees must be submitted
prior to 4:30 p.m. on Tuesday, Dec. 31; otherwise, the 2013 license will lapse.
➢ The attached resolution identifies those alcohol licensees that have either submitted an
incomplete renewal package or have not submitted anything to date.
ATTACHMENTS (1):
Proposed resolution on pages q I to q?) .
RESOLUTION NO.
CITY OF EAGAN
DIRECTING THE CITY CLERK TO ISSUE 2014 ALCOHOL LICENSE RENEWALS
WHEREAS, it is expected the following alcohol licensees will be renewing their alcohol
licenses for the 2014 license period;
NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota
County, Minnesota, hereby grants and approves, effective January 1, 2014 to December 31,
2014, the following alcohol licenses as follows:
On -Sale Liquor License and Sunday Liquor License
License Name
DBA
Location
Gavin Burnette Management,
Inc.
Al Baker's Restaurant
3434 Washington Drive
Andiamo Italian Ristorante,
Inc.
Andiamo Italian Ristorante
1629 Lena Court
Bonfire Restaurant Company,
LLC
Axel's Bonfire
1555 Cliff Road
Cedarvale Bowl, Inc.
Cedarvale Lanes /Fitz's Bar &
Grill
3883 Cedar Grove Parkway
Casper's Cherokee Sirloin
Room Eagan Inc.
Cherokee Sirloin Room
4625 Nicols Road
Cooper's Restaurant Inc
Cooper's Restaurant
4185 South Robert Trail
Cliff Corporation
Doolittles
2140 Cliff Road
Cerrito Colorado, Inc.
El Loro Mexican Restaurant
1428 Yankee Doodle Road
Erika Aranda
Fiesta Cancun Mexican Grill
& Bar
4250 Lexington Ave S Ste 111
T.C.B.H., Inc.
Holiday Inn — MSP
Airport/Eagan
2700 Pilot Knob Road
Jensen's Supper Club, Inc.
Jensen's Supper Club
3840 Sibley Memorial
Highway
Kyoto Sushi, Inc.
Kyoto Sushi
1250 Town Centre Drive
Cuz, Inc.
LaFonda's de los Lobos
3665 Sibley Memorial
Highway
Lost Spur Golf Course, Inc.
Lost Spur Golf Course
2750 Sibley Memorial
Highway
iBizPro, LLC
Persis Indian Grill
1282A Town Centre Drive
Hall & Convention Center,
Inc.
Royal Cliff
2280 Cliff Road
Starks I, Inc.
Starks Saloon & Ricky's Caf6
3125 Dodd Road
Latt, Inc.
Valley Lounge
3385 Sibley Memorial
Highway
Zest! Bar & Grill Restaurant
LLC
Zest! Bar & Grill
525 Diffley Road
�A�
Off -Sale 3.2 Percent Malt Liquor (Beer)
License
License Name
DBA
Location
RBF, LLC of Wisconsin
Rainbow Foods
1276 Town Centre Drive
Northern Tier Retail LLC
SuperAmerica #4049
4200 East Highway 13
Northern Tier Retail LLC
SuperAmerica #4182
1406 Yankee Doodle Road
Northern Tier Retail LLC
SuperAmerica #4335
1379 Town Centre Drive
Northern Tier Retail LLC
SuperAmerica #4464
2250 Cliff Road
Tung Ngo Inc.
Sinclair Dinomart
1815 Diffley Road
Off -Sale Liquor License
License Name
DBA
Location
Perrier & Associates, Inc.
Perrier Wine & Liquors
1960 Cliff Lake Road #101
A1phaJKFoggEnterprises Inc.
Black Diamond Wine &
Spirits
525 Diffley Road, Suite 2050
Arko Erian, Inc.
Eagan Liquor Mart
1444 Yankee Doodle Road
Sam's West Inc.
Sam's Club #4738
3035 Denmark Ave Suite 1
Mayjune Corporation
K- Liquor
1274 Lone Oak Road
RCJC Enterprises, LLC
MGM Wine & Spirits
4182 Pilot Knob Road
BK Discount Liquor, LLC
BK Discount Liquor
1629 Lena Court #105
On -Sale 3.2 Percent Malt Liquor (Beer) License
License Name
DBA
Location
West End Fishing & Hunting
Club, Inc.
West End Fishing & Hunting
Club
4899 Brooklyn Lane
M. Cheng, Inc.
Hong Wong
2139 Cliff Road
On -Sale Wine, Sunday
Wine & 3.2 Percent Malt Liquor (Beer) License
License Name
DBA
Location
Cupcake, Inc.
Cupcake
1565 Cliff Road, Suite 1
J & R Group, Inc.
Italian Pie Shop & Winery
1438 Yankee Doodle Road
Fratelli Tre, Inc.
Carbone's Pizzeria
1665 Yankee Doodle Road
Smashburger Acquisition-
Minneapolis, LLC
Smashburger
1270 Promenade Place
Nguyen Phong
Classic Saigon Restaurant
1272 Town Centre Drive
Hoban Korean Restaurant,
Inc.
Hoban Korean Restaurant
1989 Silver Bell Road
The Noodle Shop Co. —
Colorado, Inc.
Noodles & Company
1340 Town Centre Drive
The Noodle Shop Co. —
Colorado, Inc.
Noodles & Company
2000 Rahncliff Court
BE IT FURTHER RESOLVED that the license approvals are conditioned upon the
licensees submitting the required renewal documents and the annual license fee and upon review
and approval by the Eagan Police Department;
q),I
BE IT FURTHER RESOLVED that the City Council directs the City Clerk to issue
said licenses upon all aforementioned conditions being met and that the City Clerk's authority to
issue the licenses shall expire at the close of business on December 31, 2013.
Motion by:
Seconded by:
Those in favor:
Those against:
Date: December 3, 2013
CERTIFICATION
CITY OF EAGAN
CITY COUNCIL
By:
It's Mayor
Attest:
It's Cleric
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 3`a
day of December, 2013.
City Clerk
Agenda Information Memo
December 3, 2013, Eagan City Council Meeting
I. APPROVE CHANGE OF MANAGER FOR GRANITE CITY'S ON -SALE
LIQUOR LICENSE AND OFF -SALE BREWPUB LICENSE
ACTION TO BE CONSIDERED:
To approve a change in management of the On -Sale Liquor License and Off -Sale
Brewpub License for Granite City Restaurant Operations, Inc., dba Granite City Food &
Brewery, located at 3330 Pilot Knob Road.
FACTS:
➢ A change in management has occurred at the above referenced location. A new
manager of Granite City Food & Brewery, Randy Norman, has completed the
necessary forms and paid the appropriate investigation fee.
The Eagan Police Department has conducted an investigation of the new manager
and finds no reason for denial.
ATTACHMENTS (0):
(The complete application is available from the Office of the City Clerk.)
�Iq
Agenda Information Memo
December 3, 2013, Eagan City Council Meeting
J. APPROVE CHANGE OF MANAGER FOR AXEL'S BONFIRE'S ON-
SALE LIQUOR LICENSE
ACTION TO BE CONSIDERED:
To approve a change in management of the On -Sale Liquor License for Bonfire
Restaurant Company, LLC, dba Axel's Bonfire, located at 1555 Cliff Road.
FACTS:
➢ A change in management has occurred at the above referenced location. A new
manager of Axel's Bonfire, Adam McCort, has completed the necessary forms and
paid the appropriate investigation fee.
The Eagan Police Department has conducted an investigation of the new manager
and finds no reason for denial.
ATTACHMENTS (0):
(The complete application is available from the Office of the City Clerk.)
�67
Agenda Information Memo
December 3, 2013, Eagan City Council Meeting
K. APPROVE CHANGE OF OWNERSHIP FOR DAVANNI'S PIZZA'S ON-
SALE BEER LICENSE
ACTION TO BE CONSIDERED:
To approve a change in ownership of the On -Sale 3.2 Percent Malt Liquor (Beer) License
for Davanni's Inc., dba Davanni's Pizza, located at 1960 Cliff Lake Road.
FACTS:
➢ A change in ownership has occurred at the above referenced location. Two new
owners of Davanni's Pizza, Kristina Silva and Katherine Stenson, have completed
the necessary forms and paid the appropriate investigation fee.
➢ The Eagan Police Department has conducted an investigation of the new owners and
finds no reason for denial.
ATTACHMENTS (0):
(The complete application is available from the Office of the City Clerk.)
L40
Agenda Information Memo
December 3, 2013, Eagan City Council Meeting
L. DIRECT PREPARATION OF AN ORDINANCE AMENDMENT TO CITY
CODE CHAPTER 6 RELATIVE TO COAL TAR SEALANTS
ACTION TO BE CONSIDERED:
Direct the City Attorney's Office to prepare an ordinance amendment to City Code
Chapter 6, relative to banning the use of coal tar sealants.
FACTS:
➢ The Energy and Environment Commission has recommended the City Council adopt an
ordinance banning the use of coal tar sealants.
➢ During the last legislative session, a new statute was enacted that bans the use and sale
of coal tar sealants throughout the state.
➢ The statewide ban applies to Eagan, but an ordinance amendment is necessary to allow
the City to enforce the ban locally.
➢ More information will be provided when the ordinance amendment is brought before
Council for consideration.
ATTACHMENTS (0)
q
Consent Agenda Information Memo
December 3, 2013, Eagan City Council Meeting
M. FINAL PLAT (EAGAN POINTE SENIOR LIVING) — SOUTHVIEW SENIOR
LIVING /GRINDSTONE PARTNERS
ACTION TO BE CONSIDERED:
To approve a Final Plat (Eagan Pointe Senior Living) to create two lots upon approximately 10
acres located at 4232 Blackhawk Road, south of Diffley Road, between Blackhawk Road and I-
35E.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present
FACTS:
➢ The Rezoning, Preliminary Planned Development and Preliminary Subdivision for the
Eagan Pointe Senior Living development were approved by the City Council on July 2,
2013.
➢ The approval included two lots. Lot 1 in which the City has entered into a purchase
agreement for purposes of land banking for a future fire station. Lot 2 for development
of a 151 unit senior housing complex.
➢ Access to the development is via a new public street (Holden Path) with full access onto
Blackhawk Road at the western end of the site.
➢ All documents are anticipated to be in order for execution at the City Council meeting on
November 19, 2013.
ISSUES: None
ATTACHMENTS: (2)
Location Map, page qo(
Final Plat, page '-::�Q
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Agenda Information Memo
December 3, 2013, Eagan City Council Meeting
N. EXTENSION OF TIME TO RECORD FINAL PLAT (DAKOTA PATH) — D. R.
HORTON
ACTION TO BE CONSIDERED:
To approve a 60 -day extension of time to record the final plat for Dakota Path.
FACTS:
➢ The City Council approved the Final Subdivision on October 1, 2013.
➢ City Code requires that the final plat be filed with the County Recorder within 60 days of
final plat approval by the City Council.
➢ The applicant and surveyor are continuing to work with the Dakota County Surveyor on
review of the plat.
➢ The applicant has requested an additional 60 days to record the Final Plat, extending the
deadline for recording to January 29, 2014.
ATTACHMENTS (2):
Location Map, page &-� ,��
Letter from D.R. Horton, page
Location Map
Project Name: Dakota Path
Request: Final Subdivision
Case No.: 34- FS- 05 -07 -13
4111� City of GaQau
Feet
0 500 1,000 2,000
Legend
PARCELS 08 -2013
Buildings /\
Parks
City Boundary N
Ir.ast�a
November 20, 2013
Ms. Julie Strid
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: Dakota Path
Dear Ms. Strid:
We respectfully request a sixty (60) day extension of the deadline to file the final plat for Dakota
Path. Due to the increased number of plats moving through the system it has taken longer than
typical to finalize our plat review through the County surveyor's office. However, we anticipate
that Mylars will be submitted to the City within the next couple of weeks.
It's our understanding that the extension will be approved by the City Council at their first
meeting in December. We appreciate your assistance in processing this request. Please call with
any questions. Thank you.
Sincerely,
Ron Mullenbach
Land Manager
D.R. Horton, Inc.-Minnesota
20860 Kenbridge Court, Suite 100
Lakeville, MN 55044
www.drhorton.com
55 �
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
O. PROJECT 1140, STONEBRIDGE PONDS
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for City Project
1140 ( Stonebridge Ponds - Street Improvements) and schedule a public hearing to be held
on January 7, 2014.
FACTS:
• On June 4, 2013 the City Council directed staff to prepare a feasibility report
considering the rehabilitation of the residential streets within the Stonebridge Ponds
neighborhood, located north of Diffley Road and west of Dodd Road, in east - central
Eagan.
• A structural mill & overlay of these streets is programmed for 2014 in the City of
Eagan's 5 -Year CIP (2014- 2018).
• An informational neighborhood meeting will be held with the adjacent property
owners prior to the formal public hearing to review and discuss the proposed
improvements.
• A draft of this Feasibility Report has been prepared and is being presented to the
Council for their consideration of scheduling a public hearing for Tuesday, January 7,
2014.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
5q
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
P. PROJECT 1139, OAKWOOD HEIGHTS 2ND ADDITION
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for City Project
1139 (Oakwood Heights 2nd Addition - Street Improvements) and schedule a public
hearing to be held on January 7, 2014.
FACTS:
• On June 4, 2013, the City Council directed staff to prepare a feasibility report
considering the rehabilitation of the residential streets in the Oakwood Heights 2„d
Addition neighborhood, located north of Wilderness Run Road and west of Dodd
Road, in southeast Eagan.
• A structural mill & overlay of these streets is programmed for 2014 in the City of
Eagan's 5 -Year CIP (2014 - 2018).
• An informational neighborhood meeting will be held with the adjacent property
owners prior to the formal public hearing to review and discuss the proposed
improvements.
• A draft of this Feasibility Report has been prepared and is being presented to the
Council for their consideration of scheduling a public hearing for Tuesday, January 7,
2014.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
Q. PROJECT 1137, ALDEN POND
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for City Project
1137 (Alden Pond - Street Improvements) and schedule a public hearing to be held on
January 7, 2014.
FACTS:
• On June 4, 2013, the City Council directed staff to prepare a feasibility report
considering the rehabilitation of Alden Pond Lane, located north of Yankee Doodle
Road and east of Coachman Road, a residential street in northwest Eagan.
• A structural mill & overlay of this street is programmed for 2014 in the City of
Eagan's 5 -Year CIP (2014- 2018).
• An informational neighborhood meeting will be held with the adjacent property
owners prior to the formal public hearing to review and discuss the proposed
improvements.
• A draft of this Feasibility Report has been prepared and is being presented to the
Council for their consideration of scheduling a public hearing for Tuesday, January 7,
2014.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
In
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
R. CONTRACT 13 -25, BLACKHAWK LAKE PROTECTION PROJECT
ACTION TO BE CONSIDERED: Approve City Contract 13 -25 (Theatrical Production,
Blackhawk Lake Protection Project) to CLIMB Theatre, for an amount not to exceed $26,600.00, and
authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• The Minnesota Legislature authorized creation and funding of the Clean Water Partnership
(CWP) Program (Minn. Stat. §103F.701 to 10317.761) through the Minnesota Pollution Control
Agency (MPCA) in 1987.
• The CWP Program focuses on control of nonpoint source pollution through watershed
management to protect and improve surface and ground water by providing financial and
technical assistance to local units of government.
• On May 1, 2013, the MPCA awarded the City of Eagan a $46,500 grant for Blackhawk Lake
Protection Project (Project). The intent of the Project is to enhance community stewardship of
lakes and watersheds by implementing activities and best management practices (BMPs) at Black
Hawk Middle School and Deerwood Elementary School within Independent School District 196.
• On October 3, 2013, the MPCA approved the Project's work plan that includes CLIMB Theatre,
Inc. of Inver Grove Heights (CLIMB) developing and presenting educational programs and
materials to students and to the community that will encourage protection of the Blackhawk Lake
watershed, as well as the entire storm water system.
• The City of Eagan and Gun Club Lake Watershed Management Organization partnered with
CLIMB in 1993 to produce "Toadilly Turtle," an interactive play showing K -3 grade students
how lawn chemicals, trash, oil, and other pollutants enter stormwater, and then can harm lakes
and wetlands. In 2011, CLIMB began presenting another play, "Of Wetlands and Watersheds," in
Eagan schools. Both programs encourage students to share what they've learned with their
parents. Since 1994, over 14,000 students have experienced these programs that are sponsored by
the City of Eagan.
ATTACHMENT:
• 2013 -2015 Agreement for Services, page
5'
2013 -2015 AGREEMENT FOR
CLIMB THEATRE SERVICES
THIS AGREEMENT is made and entered into between City of Eagan (hereinafter
"City ") and CLIMB THEATRE, INC, a Minnesota not - for - profit theater company, 6415
Carmen Avenue East, Inver Grove Heights, MN 55076, (hereinafter "CLIMB ").
I. WHEREAS, the Minnesota Legislature authorized creation and funding of the
Clean Water Partnership (CWP) Program (Minn. Stat. §103F.701 to 103F.761)
through the Minnesota Pollution Control Agency (MPCA) in 1987; and
II. WHEREAS, the CWP Program focuses on control of nonpoint source pollution
through watershed management to protect and improve surface and ground water by
providing financial and technical assistance to local units of government; and
III. WHEREAS, on May 1, 2013, the MPCA awarded City a $46,500 grant for
Blackhawk Lake Protection Project (Project), which will enhance community
stewardship of lakes and watersheds by implementing activities and best
management practices (BMPs) at side -by -side Black Hawk Middle School and
Deerwood Elementary School of Independent School District #196; and
IV. WHEREAS, on October 3, 2013, the MPCA approved City's work plan for the
Project; and
V. WHEREAS, said work plan includes CLIMB, which has performed extensively in
schools since 1975, providing educational programs and materials to students,
educating and involving the community, and evaluating the success of these
programs; and
VI. WHEREAS, CLIMB will provide performances created prior to and outside the
scope of the Project, specifically "Toadilly Turtle;" CLIMB is the sole copyright
holder /owner of the script and all materials, sets, props, costumes, etc. for these
presentations; and the State of Minnesota has no claim to them; and
VII. WHEREAS, CLIMB will create new programming specifically for the Project, the
copyrights of which will be owned by the State of Minnesota.
VIII. NOW, THEREFORE, in consideration of the mutual promises and benefits stated
herein, City and CLIMB agree as follows:
1. SERVICES
a. CLIMB will develop and present introductory educational
programs and materials for students;
b. CLIMB will develop and present Project - specific classes for
students;
C. CLIMB will develop and present a community education and
involvement program;
d. CLIMB shall execute a written agreement between it and the
school where a performance is scheduled. CLIMB shall make a
copy of the agreement available to City at the time of billing each
month;
C. CLIMB shall indicate that MPCA provided funding to help bring
the performances to the schools and community events and may
distribute handouts in consultation with City;
f. CLIMB shall provide City the name of each school and community
event and the date of the performance or residency to be
performed, prior to the date CLIMB will visit the school.
g. CLIMB shall develop and administer pre and post- surveys before
each educational component of the Project in the schools.
2. CITY OF EAGAN OBLIGATIONS
a. The total payments to CLIMB for performances will not exceed
$26,600.
b. City shall pay CLIMB $1,001.70 for the development of the
Project work plan, $6,320.50 for the development of the student
educational programs and materials, $10,611.00 for the
presentation of the student educational programs and materials,
$4,611.80 for the development of the community education and
involvement program, $3,950.00 for the presentation of the
community education and involvement program and $105.00 to
conduct the pre and post- surveys and reports.
3. MANNER OF PAYMENT
a. Services performed by CLIMB shall be billed to City on a monthly
basis and shall identify all charges incurred during the preceding
month. No claim for services furnished by CLIMB not provided
for in this Agreement will be paid by City under the terms of this
Agreement.
b. Payment will be made in the manner provided by law for the
payment of claims against City within forty -five (45) days of
receipt of the invoice according to the usual practices and
procedures of City. CLIMB shall provide City with verification of
all purchased services provided upon request.
C. City reserves the right to withhold payments without incurring late
payment interest pending the receipt of all necessary billing
statements and reports requested by City to be submitted under this
Agreement. In the event City decides to withhold payment under
this provision, City shall furnish written notice to CLIMB prior to
the date of the next scheduled payment.
a
d. No payment shall be made under this Agreement for any charges
incurred in a manner contrary to any provision contained herein or
in a manner inconsistent with any federal, state, or local law, rule,
or regulation.
4. TERM
The term of this Agreement is from the date this Agreement is approved
by City until December 31, 2015; the date of the signatures of the parties
notwithstanding, unless earlier terminated as provided herein.
TERMINATION
City or CLIMB may terminate this Agreement without cause and for any
reason whatsoever upon giving at least thirty (30) days written notice
thereof to the other party. In such event, CLIMB shall be entitled to
receive compensation for the services provided in a satisfactory manner up
to and including the effective date of termination.
6. CONDITION SUBSEQUENT
It is understood and agreed that in the event that reimbursement to City
from state and federal sources is not obtained and continued at a level
sufficient to allow for the purchase of the indicated quantity of purchased
services, the obligations of each party hereunder shall thereupon be
reviewed to determine the necessity of renegotiating all or parts of this
Agreement.
7. NON - ASSIGNABILITY
CLIMB shall not assign any interest in this Agreement and shall not
transfer any interest in the same, whether by subcontract, assignment or
notation, without the prior written consent of City.
8. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended or should be construed as
creating the relationship of co- partners or joint ventures with City. No
tenure or any rights or benefits, including Worker's Compensation,
Unemployment Insurance, medical care, sick leave, vacation leave,
severance pay, PERA or other benefits available to City employees, shall
accrue to CLIMB or employees of CLIMB performing services under this
Agreement.
9. INDEMNIFICATION AND INSURANCE
a. CLIMB agrees it will defend, indemnify and hold harmless City,
its officers and employees against any and all liability, loss, costs,
E
damages and expenses which City, its officers or employees may
hereafter sustain, incur, or be required to pay arising out of
CLIMB's performance or failure to adequately perform its
obligations pursuant to this Agreement.
b. CLIMB further agrees that in order to protect itself as well as City
under the indemnity provision set forth above, it will at all times
during the term of this Agreement keep in force:
1. General liability insurance in the amount of $500,000 for
bodily injury or property damage to any one person and
$1,500,000 for total injuries or damages arising from any
one incident as required by City.
2. Any policy obtained and maintained under this clause shall
provide that it shall not be canceled, materially changed, or
not renewed without thirty (30) days prior notice thereof to
City.
3. Workers Compensation in the statutory amount, if
applicable.
A Certificate of Insurance evidencing this coverage must be provided to
City before this Agreement is effective.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the
parties is contained here and that this Agreement supersedes all
oral agreement and negotiations between the parties relating to the
subject matter. All items referred to in this Agreement are
incorporated or attached and are deemed to be part of this
Agreement.
b. Any material alteration, variations, modifications, or waivers or
provisions of this Agreement shall be valid only when they have
been reduced to in writing as an Amendment and signed by the
parties.
11. NONDISCRIMINATION
During the performance of this Agreement, CLIMB agrees to the
following:
No person shall, on the grounds of race, color, religion, age, sex,
disability, marital status, public assistance status, criminal record, creed or
national origin be excluded from full employment rights in, participation
in, be denied the benefits of or be otherwise subjected to discrimination
(_0�
under any and all applicable Federal and State Laws against
discrimination.
12. RECORDS AVAILABILITY AND RETENTION
Pursuant to Minnesota Statute 16C.05, subd. 5, CLIMB agrees that City,
the State Auditor, or any of their duly authorized representatives at any
time during normal business hours and as often as they may reasonably
deem necessary, shall have access to and the right to examine, audit,
excerpt, and transcribe any books, documents, papers, records, etc. which
are pertinent to the accounting practices and procedures of CLIMB and
involve transactions relating to this Agreement.
CLIMB agrees to maintain and make available for auditing purposes,
these records, for a period of six years from the date of termination of this
Agreement.
13. COMPLIANCE WITH LAW
CLIMB agrees to conduct the service in compliance with all applicable
provisions of Federal, state and local laws.
14. OTHER CONDITIONS
Ownership of Performance Rights. The performance(s) governed by this
Agreement and noted in VI. above are the exclusive property of CLIMB
or represent property duly licensed to CLIMB. City agrees that it shall not
reproduce the performance in any fashion or appropriate the content of the
performance(s), or any portion thereof, to its own use; further, City shall
not photograph, film, videotape or otherwise record or preserve the
performance(s), or any portion thereof, without written permission from
CLIMB. City shall notify CLIMB of any media coverage it intends to
pursue. CLIMB shall retain all rights to the performance, including the
exclusive right to record, photograph, broadcast, film or publicize the
performance(s).
The State, owns all rights, title and interest in all of the materials noted in
VII. above including copyrights, patents, trade secrets, trademarks and
service marks in the Works and Documents created as noted in VII. above,
as noted and paid for under this Agreement. Works means inventions,
discoveries (whether or not patentable), data bases, computer programs,
reports, notes, studies, photographs, negatives, designs, drawings
specifications, materials, tapes and disks conceived, reduced to practice,
created or originated by CLIMB, its employees, agents and subcontractors
either individually or jointly with others in the performance of this
Agreement. Works includes "Documents ". Documents are the originals
of any databases computer programs, reports, notes, studies, photographs
negatives designs, drawings, specification, materials, tapes, disks or other
I•
materials whether in tangible or electronic forms, prepared by the CLIMB,
its employees, agents or subcontractor in the performance of this
Agreement. The Documents in VII. shall be the exclusive property of the
State and all such Documents must be immediately returned to the State
by CLIMB at its expense upon the written request of the State or upon
completion, termination or cancellation of this Agreement. To the extent
possible those Works eligible for copyright protection under the United
State's Copyright Act will be deemed to be `works made for hire'.
CLIMB assigns all right, title and interest if may have in the Works and
the Documents to the State. CLIMB will, at the request of the State
execute all papers and perform other accts necessary to transfer or record
the State's ownership interest in the Works and Documents.
a. Force Majeure. As the performance(s) governed by this
Agreement may be subject to interruption by sickness, inclement
weather, accident, act of God or any legitimate or unavoidable
circumstance, it is agreed that neither party shall be entitled to
damages from the other in the event the performance(s) are
interrupted or canceled by such legitimate or unavoidable
circumstance.
b. Rescheduling. In the event that weather or other conditions
beyond either party's control force postponement of this program,
the activity shall be rescheduled for a date mutually agreed to by
both CLIMB and the school.
15. DATA PRACTICES
All data collected, created, received, maintained, or disseminated for any
purposes by the activities of CLIMB because of this Agreement is
governed by the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13, as amended, the Minnesota Rules implementing such
Act now in force or as adopted, as well as Federal regulations on data
privacy.
16. FIREARMS PROHIBITED
No employees, agents, or subcontractors of CLIMB, shall carry or possess
a firearm at any time, at any location while acting on behalf of City
pursuant to the terms of this agreement. Violation of this provision shall
be considered a substantial breach of the Agreement; and, in addition to
any other remedy available to City under law or equity. Violation of this
provision is grounds for immediate suspension or termination of this
contract.
E
IN WITNESS WHEREOF City and CLIMB have respectively caused this Agreement to
be duly executed as of the dates written below.
CLIMB THEATRE, INC. CITY OF EAGAN
am
Its:
DATE
FEDERAL ID #
itz
an
�0
Mike Maguire
Its: Mayor
Christina M. Scipiom
Its: City Clerk
17.1va
APPROVED AS TO FORM
C.
DATE
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
S. CONTRACT 13-07,2013 CITYWIDE TRAIL IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve the final payment for City Contract No. 13 -07
(2013 Citywide Trail Improvements) in the amount of $ $38,717.77 to McNamara Contracting,
Inc., and accept the improvements for perpetual City maintenance subject to warranty
provisions.
FACTS:
• Contract 13 -07 provided for the maintenance overlay of existing bituminous trails in the
following locations:
• Diffley Road, South Side (Nicols Road to Cedar School) - 450'
• Diffley Road, North Side (Diamond Drive to Topaz Drive) - 600'
• Diffley Road, North Side (Dodd Road to Countryside Dr.) - 1,610'
• Diffley Road, South Side (Pilot Knob Rd to Dodd Rd) - 9,935'
• Diffley Road, North Side (Pilot Knob Rd to Braddock Trail) - 8,125'
• Pilot Knob Road, West Side (Diffley Rd to Walfrid St) - 1,965'
• Pilot Knob Road, East Side (Diffley Rd to Wilderness Run Rd) - 2,625'
• Pilot Knob Road, East Side (Lakeside Dr to Cliff Rd) - 1,215'
• Lexington Ave, East Side (365' So of Golfview Dr to Diffley Rd) - 9,040'
• Lexington Ave, West Side (Wescott Road to Diffley Road) - 5,314'
• Hilltop Lane, West Side (Berry Ridge Rd to 200' No of Diffley Road) - 500'
as programmed for 2013 in the City's 5 -Year Capital Improvement Program (2013- 2017).
• These improvements have been completed, inspected by representatives of the Public
Works Department, and found to be in order for favorable Council action of final payment
and acceptance for perpetual maintenance subject to warranty provisions.
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
T. CONTRACT 13-06,2013 CITYWIDE PARKING LOT IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve the final payment for City Contract No. 13 -06
(2013 Citywide Parking Lot Improvements) in the amount of $17,482.17 to McNamara
Contracting, Inc., and accept the improvements for perpetual City maintenance subject to
warranty provisions.
FACTS:
• Contract 13 -06 provided for pavement and curb and gutter improvements for City parking
lots and trails in the following locations:
o Blackhawk Park
o Burr Oaks Park
o Holz Farm Park
o Kettle Park
o Pilot Knob Park
o Thomas Lake Park
o Woodhaven Park
o various City facility service drives
as programmed for 2013 in the City's 5 -Year Capital Improvement Program (2013- 2017).
• These improvements have been completed, inspected by representatives of the Public
Works Department, and found to be in order for favorable Council action of final payment
and acceptance for perpetual maintenance subject to warranty provisions.
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
U. CONNECTION CHARGE & ASSESSMENT DEFERRAL AGREEMENT
PROWIRE ADDITION
ACTION TO BE CONSIDERED: Approve an Amendment to the Connection Charge
Agreement with Lot 1, Block 1 Prowire Addition, that provides an Assessment Deferral, and
authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• On June 18, 2002, the City Council approved a connection charge agreement between the
City and the owner of Lot 1, Block 1 Prowire Addition (4101 Nicols Road), providing for the
calculation of connection charges for storm sewer and water utilities fees in a manner
different than standard City policy, due to the unique linear configuration of the Prowire
property. The agreement provides for the future payment of connection charges, if the
northern portion of the property is further developed.
• On November 19, 2013, the City Council approved the final assessment roll for the Nicols
Road Street Improvements under City Project 1120. Lot 1, Block 1 Prowire Addition
benefited from these street improvements and was assessed under the project accordingly.
Consistent with the original agreement, the levied street assessment for the property was
calculated to reflect its unique configuration.
• The northern most end of the parcel includes a private storm drainage pond that collects
runoff from the parcel, as well as state highway right -of -way and Nicols Road. Due to the
public drainage, it would be appropriate to have a public drainage and utility easement
encompassing the pond to allow for runoff storage and maintenance activities. The property
owner has agreed to provide the public easement. The City's assessment policy does not
assess ponding areas within public easements.
• The original connection charge agreement is proposed to be amended to reflect the new
drainage and utility easement and includes revised future storm sewer and water utilities fees
payment calculations.
• The deferral of payment for street assessments benefiting any future development is also
provided for in this agreement.
• The property owner has agreed to the amendment. Engineering staff and the City Attorney's
office have also reviewed the amended connection charge agreement, and associated
assessment deferral, and found it to be in order for favorable Council action.
ATTACHMENTS:
• Amended Connection Charge Agreement, Prowire, pages (O through 10 .
(D17
FIRST AMENDMENT TO CONNECTION CHARGE AGREEMENT
This First Amendment to Connection Charge Agreement ( "Amendment ") is made and
entered into this day of , 2013 (the "Effective Date "), by and between
RJR Enterprises, LLC, a Minnesota limited liability company (hereinafter "Landowner ") and the
City of Eagan, a Minnesota municipal corporation (hereinafter the "City "). (The Landowner and
the City are collectively referred to as the "Parties ").
WHEREAS, Landowner is the fee owner of property located in the City of Eagan,
County of Dakota, State of Minnesota and legally described as Lot 1, Block 1, PROWIRE
ADDITION (the "Property "); and
WHEREAS, the City and Landowner's predecessor in title entered into that certain
Connection Charge Agreement, dated June 28, 2002 and recorded with the Office of the
Registrar of Titles on July 12, 2012 as Document No. 471376 (the "Connection Agreement ");
and
WHEREAS, the Parties desire to amend the Connection Agreement to modify connection
charges that may be imposed upon the Property at the time of the expansion of any existing
building or subdivision of the Property and to collect additional street assessments associated
with any expansion or subdivision.
NOW, THEREFORE, in consideration of the recitals set forth and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties
do hereby agree as follows:
1. WAIVER OF OBJECTION. Landowner hereby waives its right to object to the
collection of future connection charges which may be imposed by the City
upon the conditions set forth above.
2. AMENDED CONNECTION CHARGES. In the event of expansion of the existing
building on the Property or a subdivision of the Property, the following
connection charges shall be imposed:
E
Original
Previously
Drainage &
Remaining
Total
Paid
Utility
frontage /area
frontage /area
frontage /area
Easement for
to be charged
pond
with future
frontage /area
development
Water Lateral
1,095.95 feet
-
712.07 feet
-
290 feet
=
93.88 feet
Storm Sewer
60 feet
-
60 feet
-
0 feet
=
0 feet
Lateral (15"
pipe)
Water
3.46 acres
-
2.25 acres
-
0.64 acres
=
0.57 acres
Availability
E
3. STREET ASSESSMENT. In the event of expansion of the existing building on
the Property or subdivision of the Property, the Landowner shall be
responsible for deferred street assessment of $7,018.62. The street assessment
shall bear interest at the rate of 3.5% per annum commencing on the Effective
Date of this agreement. The street assessment was calculated with a credit of
209.95 lineal feet at $33.43 per front foot for a total of $7,018.62.
4. BINDING EFFECT. This Agreement binds and benefits the parties and their
heirs, representatives, successors and assigns.
5. No OTHER AMENDMENTS. Except as hereinabove amended, all other terms of
the Connection Agreement remain in full force and effect.
LANDOWNER:
RJR Enterprises, LLC, a Minnesota limited
limited company
C
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
Its:
The foregoing instrument was acknowledged before me this day of
2013, by , the
of RJR Enterprises, LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
Notary Public
City of Eagan, a Minnesota
municipal corporation
By:
Mike Maguire
Its: Mayor
By:
Christina M. Scipioni
Its: City Clerk
(Q
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
' 2013, by Mike Maguire and Christina M. Scipioni, the Mayor and City
Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal
corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Notary Public
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
7300 West 147th Street, Suite 600
Apple Valley, MN 55124
(952) 953 -8840
(RBB: 206 - 33037)
110
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
V. INFLOW & INFILTRATION (I &I) PROGRAM
SURCHARGE APPEALS
ACTION TO BE CONSIDERED: Approve the recommendations of the Public Works
Committee regarding various appeals to Inflow & Infiltration (1 &1) Program surcharges.
FACTS:
• On September 1, 2009, the City Council adopted an amendment to City Ordinance 3.40
regarding the Rules and Regulations relating to Sanitary Sewer Service that requires
compliance with a mandatory inspection program and any related corrective work orders.
• On December 15, 2009, the City Council implemented the Inflow and Infiltration (1 &1)
Inspection Program/Policy to eliminate clearwater flow from the sanitary sewer system.
• Part of the amendment, and accordingly the I &I Inspection Program, incorporated a fee
schedule that provided for a surcharge to be placed against utility billing accounts for those
properties that either didn't schedule an inspection or did not complete a resulting corrective
work order within the prescribed time frame.
• At the November 10, 2009, Council Workshop, the Council directed the Public Works
Director to adjudicate all surcharge appeals and authorized the director to reduce multiple
levied surcharges to one month's worth as may be deemed appropriate.
• The Surcharge Fee is $150 per month for Single Family properties and $500 per month for
all others. As of November 26, 2013, the City has levied approximately 1323 surcharges
(222 of these being removed) totaling over $165,850. Several of these surcharges represent
multiple months for the same property.
• To date, staff has received 65 surcharge appeals (0.3% of all I &I inspected properties). In
anticipation of such appeals, the Council directed the Public Works Committee to review any
appeals and provide their recommendation back to the Council under the Consent Agenda.
Staff has recently heard from 8 of these properties who want to appeal their remaining
surcharge(s).
• On November 19, 2013, the Public Works Committee addressed the following surcharge
appeals with the corresponding recommendations for the Council's action. As a result of
their review, 8 of the appeals are recommended to be granted with related surcharges waived.
• Nathan Eklund, 4382 Svensk Lane - Remove $150 surcharge
• Stephen Decker, 1235 Tananger Ct - Remove $150 surcharge
• Aleksandra Ljubisavljevic, 2852 Sibley Hills Drive - Remove $150 surcharge
• Gwenne Dykhoff, 1045 Keefe Street - Remove $150 surcharge
• Derrick Elsinore, 1718 Hickory Hill Drive - Remove $150 surcharge
• Sean Homsey, 3108 B Farnum Drive - Remove $150 surcharge
• Dan Reick,1349 Berry Ridge Rd - Remove $150 surcharge
• Kamrul Islam, 4396 Garden Trail - Remove $150 surcharge
T1 �
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
W. GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION
DISSOLUTION AND DISTRIBUTION OF ASSETS
ACTION TO BE CONSIDERED: Approve a Resolution to Adopt a Plan of Dissolution
and Distribution of Assets of the Gun Club Lake Watershed Management Organization.
FACTS:
• The Gun Club Lake Watershed Management Organization ( GCLWMO) was formed June
1, 1985, through a joint powers agreement (Agreement) of the cities of Eagan, Inver
Grove Heights, and Mendota Heights under authority conferred by Minn. Stats. §§
471.59 and 10313.211.
• On October 15, 2013, the City Council approved the termination of the Agreement
effective January 14, 2014. Pursuant to Section 11, Subdivision 2 of the Agreement, all
of the cities have elected to dissolve the GCLWMO, having adopted appropriate
resolutions by each respective council, effective January 14, 2014.
• It will be necessary to have a replacement joint powers agreement between the Cities of
Eagan and Inver Grove Heights to establish a revised watershed management
organization (WMO) in effect as of January 14, 2014, with the possibility of an extension
to a later date as may be needed to properly carry out the duties of the GCLMWO to
closure.
• A number of matters need to be addressed before the GCLWMO can be properly
terminated. These items include the following:
o Transfer of all records and accounts to the new WMO
o Payment of all outstanding lawful debts
o Distribution to the cities of any remaining contributions made by each city
o Completion of the annual report/audit and presentation to the Board of Water and Soil
Resources
o Distribution to the cities of any insurance premium refunds and dividends received
o Resignation of current board members
• It is appropriate at this time for the city councils to adopt an orderly plan of dissolution of
the GCLWMO and the distribution of assets of the GCLWMO.
ATTACHMENT:
• Resolution, page 1Z and q .
11C)
PLAN OF DISSOLUTION AND DISTRIBUTION FOR
GUN CLUB LAKE WATERSHED
WHEREAS, the Cities of Eagan, Inver Grove Heights and Mendota Heights (hereinafter
collectively hereinafter referred to as the "Cities ") created a watershed management organization
known as the "Gun Club Lake Watershed Management Organization" (hereinafter the "WMO ");
and
WHEREAS, pursuant to Section 11, Subdivision 2 of the Joint Powers Agreement
establishing the WMO, the Cities have elected to dissolve the WMO and through their councils
have adopted appropriate resolutions to dissolve the WMO effective January 14, 2014, or such
later date as may be needed to carry out the duties of the WMO; and
WHEREAS, the Cities desire to adopt an orderly plan of dissolution and distribution of
the assets of the WMO.
NOW, THEREFORE, in consideration of the foregoing, the Cities hereby agree to direct
the WMO as follows:
1. RECORDS AND ACCOUNTS OF THE WMO, The Chair and Secretary- Treasurer
of the WMO are directed to take all reasonable steps to transfer records and
accounts of the WMO to the City of Eagan at the following address:
City of Eagan
Attn: Eric Macbeth, Water Resources Manager
3830 Pilot Knob Road
Eagan, MN 55122
2. FUNDS HELD BY THE WMO. All funds held by the WMO, after payment of all
lawful debts, shall be distributed to the Cities in proportion to the contribution
made by each City pursuant to the Joint Powers Agreement.
3. AUDIT. An annual report/audit is required to be presented to the Board of
Water and Soil Resources (the "BWSR ") and the Chair and Secretary -
Treasurer of the WMO are directed to take such efforts as may be necessary to
complete the audit and provide the same to the BWSR.
4. INSURANCE POLICY. The Chair and Secretary- Treasurer of the WMO shall
notify the League of Minnesota Cities Insurance Trust of the dissolution of the
WMO and any premiums refunded and dividend received shall be distributed
to the Cities pursuant to Paragraph 2 above.
Dated:
Dated:
Dated:
5. RESIGNATION. All board members shall tender their resignation at their next
meeting. The Chair and Secretary- Treasurer of the WMO shall have the
responsibility to complete their duties as part of the winding up of the WMO.
Y1 4
CITY OF EAGAN
By:
Mike Maguire
Its: Mayor
By:
Christina M. Scipioni
Its: City Clerk
INVER GROVE HEIGHTS
By:
George Tourville
Its: Mayor
By:
Melissa Kennedy
Its: Deputy City Clerk
MENDOTA HEIGHTS
By:
Sandra Krebsbach
Its: Mayor
By:
Lorri Smith
Its: City Clerk
Agenda Information Memo
December 3, 2013, Eagan City Council Meeting
CONSENT AGENDA
X. Adopt a resolution accepting a $1,866.00 donation from an Eagan Business.
ACTION TO BE CONSIDERED:
Adopt a Resolution accepting a $1,866.00 donation from Midwest Independent
Transmission System Operator (MISO).
FACTS:
• A representative from MISO contacted the police department and wishes to
donate two "Tasers" valued at $1,866.00.
• The equipment is new and had not been used.
• This equipment would be used by our sworn staff.
• Once the donation is received, Chief McDonald will send a thank you letter to
company officials.
ATTACHMENTS:
Resolution on page's (Q
,is
CITY OF EAGAN
RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN
Midwest Independent Transmission System Operator (MISO)
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, MISO presented the Police Department with a donation in the
amount of $1,866.00.
WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of
real or personal property be accepted only with the adoption of a resolution approved by
two - thirds of the members of the City Council; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan,
Dakota County, Minnesota, that the donation is hereby accepted for use by the City;
BE IT FURTHER RESOLVED, that the City sincerely thanks MISO for the
gracious and generous donation.
ADOPTED this 3rd of December, 2013.
Motion by:
Seconded by:
Those in Favor:
Those Against:
Date:
9
CITY OF EAGAN
CITY COUNCIL
By:
It's Mayor
Attest:
It's Clerk
Agenda Information Memo
December 3, 2013 Regular City Council Meeting
CONSENT AGENDA:
Y. APPROVE A RESOLUTION TO ACCEPT A DONATION OF $29,590
FROM FLINT HILLS REFINERY FOR THE PURPOSE OF
PURCHASING A FIRE PREVENTION KITCHEN FIRE SIMULATOR
TRAILER
ACTION TO BE CONSIDERED:
APPROVE a resolution to accept a donation of $29,590 from Flint Hills Refinery for the
purpose of purchasing a Fire Prevention Kitchen Fire Simulator Trailer to be used by the
Fire Department for fire prevention training for the community.
FACTS:
• Kitchen fires are the leading cause of structure fires in the United States.
• The Eagan Fire Department is committed to providing fire prevention training
for our community to make our community a safer place.
• One tool that is available for teaching fire prevention in kitchens is a kitchen
fire simulator trailer. This trailer shows the proper way to extinguish a fire in a
kitchen and what happens if you try to use water on a grease fire. It is a very
well received public education tool.
• Currently there are only two of these trailers in the Twin Cities metro area and
they are extremely hard to borrow to use at our public education events. One
trailer is owned by St Paul Fire and the other by the Minnesota Fire Chief's
Association.
• Flint Hills Refinery has offered to pay 100% of the costs for a Kitchen Fire
Simulator Trailer for the City of Eagan with the understanding that Eagan
would share this trailer with any other fire department that wants to use it in
Dakota County.
• The total cost of the trailer is $29,590.
• The trailer will be housed in one of our fire stations.
• A thank you letter will be sent to both groups from the fire department.
• Flint Hills will attend a future Council meeting to formally hand over the keys
to the Fire Prevention Kitchen Fire Simulator Trailer.
ATTACHMENTS:
Resolution on page 11
119
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 December 3rd, 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, Flint Hills Refinery has offered to donate $29,590 for a Fire Prevention Kitchen Fire
Simulator Trailer 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 Flint Hills Refinery for the gracious
and generous donation.
ADOPTED this 3rd day of December, 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
December 3, 2013 Eagan City Council Meeting
Z. CONTRACT 13 -12, CEDAR GROVE PARKWAY
TRAIL & LIGHTING IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 2 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.
• While the work under the contract is substantially complete, construction and restoration
items remain to be completed.
• Change Order #2 provides for the extension of the contract completion date from
November 1, 2013 (as amended in Change Order #1) to June 15, 2014, due to further
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.
qq
Agenda Information Memo
December 3, 2013 Regular City Council Meeting
CONSENT AGENDA:
AA. APPROVE A RESOLUTION TO ACCEPT A DONATION OF $2,760
FROM THE COMMONS ON MARICE FOR THE FIRE DEPARTMENT
AND AUTHORIZE THE NECESSARY BUDGET ADJUSTMENTS
ACTION TO'BE CONSIDERED:
APPROVE a resolution to accept a donation of $2,760 from the Commons on Marice for
the Fire Department and authorize the necessary budget adjustments.
FACTS:
• The Commons on Marice recently held a spaghetti dinner fundraiser for the
fire department to purchase fire helmets.
• They raised $2,760 from the event.
• They 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 Commons on Marice from the fire
department.
ATTACHMENTS:
Resolution on page N -
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 December P, 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 Commons on Marice has offered to donate $2,760 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 the Commons on Marice for the
gracious and generous donation.
ADOPTED this 3rd day of December, 2013
Milce Maguire, Mayor
FEN KOMI
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.
2
Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
PUBLIC HEARINGS
A. PROPOSED 2014 BUDGET AND PROPERTY TAX LEVY
ACTION TO BE CONSIDERED:
1) To close the public hearing, approve the General Fund budget of $29,922,800
and approve a resolution adopting the final 2014 general levy of $29,086,355
Eli
2) To close the public hearing and set the 2014 general levy and General Fund
budget approval for consideration at the December 17 City Council meeting.
FACTS:
The State requires cities over 2,500 in population to hold a public hearing on their
proposed budget and tax levy for next year. State law now allows the Council to
approve the budget on the same night of the hearing if it so chooses.
Parcel specific Proposed Property Tax notices were mailed by the County to Eagan
residents in mid - November. Staff received no phone calls regarding the Proposed
Property Tax notices.
A "virtual" budget open house called "Budget Connect" was held on November 18
via E -TV and the City's website. The new open house format reached out to
residents of the community for budget questions and input in advance and during the
broadcast. The program was advertised in the local paper, the City's website, and
social media outlets. The City received several general comments and questions prior
to and during the broadcast. All of the questions were addressed "on -air" except for
two questions that came in towards the end of the show. These questions were
addressed the next day.
The proposed General Fund budget stands at $29,922,800, a 3.7 % increase over 2013.
Since the time the General Fund expenditure budget was reviewed in August, no
adjustments have been made.
The proposed property tax levy is $28,322,017, a 3.27% increase over 2012.
Again this year, staff recommends we do not levy taxes for the Cedarvale Special
Services District (SSD) budget, which exists primarily to fund turf maintenance for
the area. It is anticipated the SSD's fund balance will be sufficient to cover
maintenance costs for 2014. As redevelopment progresses in the SSD, staff will
evaluate the merits of reactivating the SSD levy for 2015.
ME
Tonight's hearing will include a prepared video outlining "5 key points" for the
proposed 2014 budget. This video was prepared for and shown during the Budget
Connect show on November 18th. In addition, Finance Director Pepper will make a
PowerPoint presentation covering the topics that are required to be presented at the
hearing under Truth -in- Taxation laws.
Both the PowerPoint presentation and the additional 2014 General Fund Budget and
Property Tax Levy handout will be posted on the City's website.
Note: Historically, a few residents attend this hearing hoping to challenge the County's
assessed value on their property, not realizing this is the wrong place and time to do so.
With property values increasing for the payable 2014 tax year, it's more likely residents
will appear for this purpose, but it may be prudent to clarify the purpose of the meeting
with the audience before the presentation.
ATTACHMENTS:
Enclosed on pages and FS are summaries of the proposed 2014 General
Fund revenues and expenditures.
Enclosed on page _ is a copy of the resolution adopting the final 20141evy.,
Enclosed without page number are the PowerPoint slides and the 2014 General Fund
Budget and Property Tax Levy handout. Copies of both will be available to the
public at the hearing.
I'
2014 BUDGET
GENERALFUND
COMPARATIVE SUMMARY OF REVENUES
General Property Taxes
Licenses
Permits
Intergovernmental Rev
Charges for Services
Recreation Charges
Fines & Forfeits
Other Revenues
Program Revenues
Transfers
11/27/2013
2013 1 2014 A (14 vs. 13)
Budget
Budget
I
$ 22,138,100
$ 22, 771, 000
632,900
282,500
277,600
(4,900)
1,018,400
1,502,600
484,200
645,100
651,800
6,700
1,305,300
1,232,300
(73,000)
692,800
701,700
8,900
248,200
263,300
15,100
226,,800
230,200
3,400
1,812,400
1,757,400
(55,000)
494,600
534,900
40,300
TOTAL GENERAL FUND $ 28,864,200 $ 29,922,800 $ 1,058,600
( 4
2.9%
-1.7%
47.5%
1.0%
-5.6%
1.3%
6.1%
1.5%
-3.0%
8.1%
3.7%
2014
Comparative Summary of Expenditures
General Fund Budget
2013 2014 1 Difference
GENL GOVT BLDG MAINT
33 Government Buildings
724,500
Budget
Budget
-2.7%
%
GENERAL GOVERNMENT
29,862,800
1,047,400
3.6%
41 Conti ngency-- Undesignated
01
Mayor & Council
$ 140,000
$ 150,300
$ 10,300
7.4%
02
Administration
517,300
526,800
9,500
1.8%
03
Information Technologies
1,495,200
1,566,300
71,100
4.8%
04
City Clerk
244,300
339,400
95,100
38.9%
05
Finance
955,900
971,800
15,900
1.7%
06
Legal
390,000
388,900
(1,100)
-0.3%
07
Comm Dev-- Planning /ED
989,900
1,014,900
25,000
2.5%
08
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
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 Conti ngency-- Undesignated
48,800
60,000
11,200
23.0%
General Fund Total
$ 28,864,200
$ 29,922,800
$ 1,058,600
3.7%
�15
RESOLUTION
CITY OF EAGAN
LEVY OF PAYABLE 2014 REAL ESTATE TAXES
WHEREAS, a regular meeting of the City Council of the City of Eagan, Dakota County,
Minnesota, was held on December 3, 2013, at 6:30 p.m., at the Eagan Municipal Center, all
members being present,
WHEREAS, upon motion by Councilmember , and seconded by
Councilmember
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan,
Dakota County, Minnesota, hereby is on record approving and certifying the levy of Real Estate
Taxes for Eagan, Minnesota, which taxes are payable in 2014 as follows:
General Revenue:
General Fund
$ 22,771,000
Equipment Revolving Fund
1,153,128
Major Street Fund
2,887,763
General Facilities Renewal /Replacement Fund
316,530
Parks System Development and Renewal/
437,807
Replacement Fund
Fire Apparatus Fund
196,837
Subtotal General Revenue
27,737,137
Debt Service:
2009A Equipment Certificates
75,285
2010A Equipment Certificates
58,166
2012B Equipment Certificates
69,712
Community Center /Central Park bonds
1,120,127
Subtotal Debt Service
1,323,290
Total City -Wide Levy 29,086,355
Dated: December 3, 2013
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Cleric
CERTIFICATION
I, Christina Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council of the City
of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of
December, 2013.
Christina Scipioni, City Clerk
ME
Agenda Information Memo
December 4, 2013 Eagan City Council Meeting
OLD BUSINESS
A. ORDINANCE AMENDMENT — CITY OF EAGAN
ACTION TO BE CONSIDERED:
Approve an Ordinance Amendment to City Code Chapter 11, Section 11.60, relative to
retail sales in the Industrial and Business Park Zoning Districts and direct the City
Attorney to publish the ordinance amendment /summary.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The City Council recently directed staff to work with the City Attorney regarding an
ordinance amendment to accommodate brew pub /tap room. The issue being the City
does not presently allow retail sales (off sale) in Industrial zones.
➢ Staff research into municipalities that allow that retail function have illustrated that
allowing retail sales in industrial and business park zones is not uncommon.
Research shows that retail sales are typically limited to a percentage (15 -25 %) of the
leased space.
➢ While this amendment will remove the primary obstacle preventing a brew pub /tap
room, work continues on gathering /analyzing information for that specific use.
➢ Amending the City Code to allow limited retail operations in the Industrial and
modifying allowed retail use in the Business Park zoning categories will ensure that
Eagan remains competitive in the metro area in this regard.
➢ The APC held a Public Hearing on November 26, 2013 and they are recommending
approval.
ATTACHMENTS: (2)
Draft 11 -26 -13 APC Minutes on page �b .
Planning report and draft ordinance amendment on pages 8� through qJ
Advisory Planning Commission
November 26, 2013
Page 5 of 7
C. Ordinance Amendment
Applicant Name:City of Eagan
Application: Ordinance Amendment
An Ordinance Amendment to City Code Chapter 11, Section 11.60, relative to retail sales in the
Industrial and Business Park Zoning Districts.
File Number: 01- OR- 03 -11 -13
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated November 12, 2013. He noted the background and`histdry.
Member Filipi stated his preference that the tap room /brew pub .amendment language be
reviewed by the Advisory Planning Commission at a workshop befor"_Js-drafted as an
Chair Heaney opened the public hearing.
There being no public comment, Chair Heaney closed the public hearing and turned the
discussion back to the Commission.
All �
it
le" throuahout the amendment
)tion to recommend approval of an
60, relative to limited retail sales in the
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: November 12, 2013
APPLICANT: City of Eagan
PROPERTY OWNER: N/A
REQUEST: Ordinance Amendment
LOCATION: City -wide
COMPREHENSIVE PLAN: N/A
ZONING: N/A
SUMMARY OF REQUEST
CASE: 01- OR- 03 -11 -13
HEARING DATE: November 26, 2013
PREPARED BY: Michael J. Ridley, AICP
The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Section
11. 60, relative to retail sales in the Limited Industrial (I -1) and Business Park (BP) Zoning
Districts.
BACKGROUND/HISTORY
The City Council recently directed staff to work with the City Attorney's office to understand
what would be necessary to accommodate brew pubs /tap rooms in the Industrial Zoning District.
The issue being the City does not presently allow retail sales (off sale) in Industrial zones.
Staff has been gathering information and reviewing ordinance language in that regard from a
number of cities that currently provide for that type of use. This research has illustrated that
allowing retail sales in industrial and business park zones is not uncommon. Research shows
that permitted retail sales are typically limited to a percentage (15 -25 %) of the tenant space.
Additionally, planning staff is contacted periodically by real estate brokers and /or entrepreneurs
looking at available industrial space for a new enterprise where space for retail sales is
considered imperative to the success of the business.
The City Council directed preparation of this ordinance amendment earlier this month.
EXISTING CONDITIONS
The only retail sales currently allowed in I -1 district are sales associated with restaurants or
coffee shops. Otherwise, sales are limited to wholesale which are considered to be business to
We
Planning Report — Ordinance Amendment
November 26, 2013
Page 2
business transactions that are not available to the general public. The BP district presently
allows retail sales for restaurants and coffee shops as well as general retail /service of up to 15
percent of a gross floor area not to exceed 3,000 SF, whichever is less, as a permitted accessory
use.
EVALUATION OF REQUEST
While work continues on gathering brew pub /tap room information, staff is suggesting that
modifying the City Code to allow limited retail operations in industrial zones should be
considered at this time. Amending the City Code in this fashion will ensure that Eagan remains
competitive in the metro area.
Planning staff anticipates that by allowing up to 20 percent of a tenant space to accommodate
retail and service uses as a permitted accessory use in the I -1 district will provide the necessary
flexibility to attract business with limited retail space needs without tipping the industrial v. retail
scale in an unintended way. The BP district will continue allow 15 percent as a permitted
accessory use.
In both zoning districts, the amendment suggests retail space needs exceeding the percentages
stated above could be considered via the Conditional Use Permit process. In either case, retail
space would not be allowed that exceeds one -third of the subject space.
SUMMARY /CONCLUSION
The proposed amendment will allow a limited amount of retail sales, up to 20 percent of a tenant
space, as a permitted accessory use in the Limited Industrial Zoning District. The Business Park
Zoning District will continue to allow up to 15 percent of a tenant space for retail as a permitted
accessory use.
Retail or service uses proposed to occupy more than the permitted accessory use amount of space
can be considered but would be treated as a Conditional Use and would be reviewed individually
and require a Public Hearing process.
ACTION TO BE CONSIDERED
To recommend approval of an Ordinance Amendment to Chapter 11, Section 11.60, relative to
limited retail sales in the Limited Industrial and Business Park Zoning Districts.
•r
ORDINANCE NO. 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY
CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY
AMENDING SECTION 11.60 REGARDING RETAIL SALES IN 1 -1 AND BP DISTRICTS;
AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION
11.99.
The City Council of the City of Eagan does ordain:
Section 1. Eagan City Code Chapter Eleven is hereby
Subd. 14(C)(19) to read as follows:
Subd. 14. 1 -1 Limited Industrial District
C. Conditional uses.
Subd. 1
D. Permitted
Section 11.60,
Eleven is hereby amended by adding Section 11.60,
the
principle use on site, subject to the following_
a. The retail sales are subordinate to the principle use.
b. The gross floor area used for the retail sales is not more than 20 percent of the
total gross floor area of the principle building if a single user /occupant or of the
principle user's occupied space if within a multiple -user structure.
c. The retail sales are owned and operated solely y the principle user/occupant of
the subject site.
11
Section 3. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.60,
Subd. 17(C)(10) to read as follows:
Subd. 17. BP Business Park District
C. Conditional uses.
10. Retail sales of any product, goods or material produced ator directly related to the
30
user structure.
c. The retail sale,,
the subject site.
d. The site can ac
and nrincible use
abordinate t
used for the
f the total 9�
of the print
wned and of
re 'than 15 ;percent but not
the principle; building if a
ied space ifuvithin a multi
inimum parkin requirement for both the
s
by revising Section 11.60,
'' the ' leeat '. Retail
or
a =1 he retail- sales are suooramate to the principle use.
b Tlie gross ftbor area used for the retail sales is not more than 15 percent of the
total 'rocs floor area or 3000 square feet, whichever is less, of the principle
buildii - if a single user /occupant or of the principle user's occupied space if
within a multiple -user structure.
c. The retail sales are owned and operated solely by the principle user/occupant of
the subject site.
Section 5. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto,
clearly informs the public of the intent and effect of the ordinance. The City Council further
qa
determines that publication of the title and such summary will clearly inform the public of the
intent and effect of the ordinance.
Section 6. Eagan City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, entitled
"Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated
verbatim.
Section 7. Effective Date. This ordinance shall take effect upon its adoption and
publication according to law.
ATTEST:
By: Christina M. Scipioni
Its: City Clerk
Date Ordinance Adopted:
Date Ordinance Published in the Legal
Date of Advisory Planning Commission
q?
Agenda Information Memo
December 3, 2013, Eagan City Council Meeting
VII. NEW BUSINESS
A. CONDITIONAL USE PERMIT — MEADOW VIEW INDUSTRIAL
ACTIONS TO BE CONSIDERED:
To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to
allow outside storage of a maximum of 25 over - the -road trailers, trucks and vans for property at
1675 Meadowview Road, subject to the conditions listed in the APC minutes.
To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to
allow outside storage of 2 recycling compactors for property at 1675 Meadowview Road, subject
to the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers Present
FACTS:
➢ The subject property is zoned I -1 (Limited Industrial) which allows outdoor storage via a
CUP (Conditional Use Permit).
➢ A 78,320 sq. ft. office /warehouse building is under construction.
➢ The applicant proposed outdoor storage of a variety of vehicles with a maximum number
of 25 as well as two recycling compactors in the rear yard.
➢ The proposed storage satisfies the outdoor storage requirements but for the required
enclosure. The site topography and design appear to assist with security and storage
containment.
➢ The Advisory Planning Commission held a Public Hearing on November 26, 2013 and is
recommending approval.
60 DAY AGENCY ACTION DEADLINE: December 16, 2013
ISSUES: None
ATTACHMENTS: (3)
Location map on page (:�s
Draft November 26, 2013 APC minutes on pages through q9
Staff report on pages through Ao
'-1
Location -Nia�p
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Yankae DooA
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Fort Snelling State Park
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E51ftN
NINE
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- -. .: ��,� .� y 'G ?ty �, yxx . - � � fib .� b � � '� •.-� -� �
FOUR OAKS RD
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Subject Site
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Central Park Park
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mme ... Quarry -Park-.
UARRYR
k 3 mmmmm mm -
_
- 37 A DOODLE ROAi
Feet
Project Name: Meadow View Industrial /1675 Meadow View Rd 0 500 1,000 2,000
Request: Conditional Use Permit Legend
Case No: 09- CU- 09 -10 -13 PARCELS 08 -2013
Buildings /�
Parks / / /�\
City of Ea�a n City Boundary
16rr1i N
(�s
Advisory Planning Commission
November 26, 2013
Page 2 of 7
IV. PUBLIC HEARINGS
A. Meadow View Industrial
Applicant Name:Meadow View Industrial LLC
Location: 1675 Meadow View Road; lot 2, Block 1, Meadow View Industrial Park
Application: Conditional Use Permit
A Conditional Use Permit to allow outdoor storage.
File Number: 09- CU- 09 -10 -13
Planner Thomas introduced this item and highlighted the in
report dated November 12, 2013. She noted the backgroun
Chair Heaney opened the public hearing.
There being no public comment, Chair Heaney
discussion back to the Commission.
Member Dugan stated acquaintance with applicant
proposal. _..
sented in the City Staff
W11
hearing and
have had no discussion of the
Eric Simmer, Meadow View Industrial LLC stated agreement with -,the'dbnditions and availability
for questions.
Member Filipi moved, Membe Vanderpoel seconded a motion fo recommend approval of a
Conditional Use Permltto al ow,outdoor storage of 25 over`-- the -road trailers, trucks and vans
for property locatedt 16,75 Meadowview Road, legally described as Lot 2, Block 1,
Meadowview Industrial Perk, subik! to the following conditions:
1. The Conditional Use P&M —fit shall F b* recorded with Dakota County within 60 days of the
�;.
date o�f�approv&"al1and proof of,its recor i n g be provided to the City.
2. This. "Conditional'Use Permit shall replace any and all former Conditional Use Permits and
Interim Use Permit far the proorty`
.._.t
3 If the city determines' the site is deficient in parking, the applicant's outside storage
area shaJl;be restriped'to °accommodate the additional stalls.
h ��
4. The outdoor storage isftited to a maximum of 25 over - the -road trailers, trucks and vans
located in the parking lotion the north side of the building.
5. The storage sha11 be kept in an orderly fashion and all vehicles shall be operable.
'F
6. Four 6 -foot gre=e spruce trees shall be planted by May 31, 2014, per the Site Plan
received on Octgj5er 16, 2013.
All voted in favor. Motion carried 6 -0.
Member Filipi moved, Member Vanderpoel seconded a motion to recommend approval of a
Conditional Use Permit to allow outdoor storage of 2 recycling compactors for property located
at 1675 Meadowview Road, legally described as Lot 2, Block 1, Meadowview Industrial Park,
subject to the following conditions:
LIP,
Advisory Planning Commission
November 26, 2013
Page 3 of 7
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval and proof of its recording be provided to the City.
2. This Conditional Use Permit shall replace any and all former Conditional Use Permits and
Interim Use Permits for the property.
3. The outdoor storage is limited to 2 recycling compactors located behind the rear of the
building.
4. The compactors shall be painted a color to match the building and shall be maintained to
prevent cracked, peeling and faded paint.
F.A11W
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PLANNING REPORT
CITY OF EAGAN
REPORT DATE: November 12, 2013
APPLICANT: Meadow View Industrial LLC
PROPERTY OWNER: Same
REQUEST: Conditional Use Permit
LOCATION: 1675 Meadowview Road
COMPREHENSIVE PLAN: IND, Industrial
ZONING: I -1, Limited Industrial
SUMMARY OF REQUEST
CASE: 09- CU- 06 -10 -13
HEARING DATE: November 26, 2013
APPLICATION DATE: October 16, 2013
PREPARED BY: Sarah Thomas
The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of 25
over - the -road trailers, trucks, vans and 2 recycling compactors for property located at 1675
Meadowview Road, legally described as Lot 2, Block 1, Meadowview Industrial Park.
AUTHORITY FOR REVIEW
Conditional Use Permit:
City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
Comprehensive Plan and City Code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible in
appearance with the existing or intended character of the general vicinity and will not
change the essential character of that area, nor substantially diminish or impair property
values within the neighborhood.
•
Planning Report — Meadow View CUP
November 26, 2013
Paee 2
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.
BACKGROUNDMISTORY
A Building Permit was issued on July 19, 2013 for construction of a 78,320 SF multi - tenant
office /warehouse building. The Property was platted on August 1, 2013.
The subject site was previously part of the property owned by Sowles Properties Limited
Partnership. Prior to that, it was occupied by Lull Industries. Outdoor storage has historically
occurred on the site, most recently via an Interim Use Permit (IUP), last renewed in 2012. This
area of the property, described as Area 6 at that time, was approved for outdoor storage for short-
term tenant vehicle parking, including trucks and semi - trailers up to 14 feet high.
EXISTING CONDITIONS
The 78,320 SF office /warehouse building is
under construction. The current green space for
the site is 32.6 percent which exceeds the City
Code requirement of 25 %. 131 parking stalls are
required and 131 have been provided; 38 of those
stalls are identified as proof of parking until a
time they are needed.
��
Planning Report— Meadow View CUP
November 26, 2013
Paae 3
The building is situated at the corner of Hwy. 13 and Meadow View Road. The site has two
driveway accesses from Meadow View Road. The majority of the parking is located in the front
yard with a small parking lot adjacent to Hwy 13. Due to existing vegetation, building location
and change in topography, the rear yard of the property, where the loading docks are located, has
limited off site visibility.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
EVALUATION OF REQUEST
Compatibility with Surrounding Area — The site is surrounded by properties zoned and guided for
industrial uses, other than the property immediately to the west which includes a single family
home and single family homes across Hwy 13 to the east. Outdoor storage of truck trailers and
compactors is typical for industrial areas.
Proposal — The applicant is requesting approval of a Conditional Use Permit (CUP) to allow
outdoor storage of 25 over - the -road trailers, trucks, vans and 2 recycling compactors. The
applicant's narrative states, "...the most effective way to "screen" the receptacles is to paint them
either the base building color or a complimentary color. The receptacles themselves are solid,
flat paneled, enclosed metal structure that when painted are not objectionable in our opinion."
too
Existing Use
Zoning
Land Use Designation
North
Building Materials
Outlet
I -1, Limited Industrial
IND, Limited Industrial
South
Sibley Industrial
Center
1 -1, Limited Industrial
IND, Limited Industrial
East
Hwy 13, Single
family residences
R -1, Residential Single
LD, Low Density residential
West
Single family home
1 -1, Limited Industrial;
IND, Industrial
EVALUATION OF REQUEST
Compatibility with Surrounding Area — The site is surrounded by properties zoned and guided for
industrial uses, other than the property immediately to the west which includes a single family
home and single family homes across Hwy 13 to the east. Outdoor storage of truck trailers and
compactors is typical for industrial areas.
Proposal — The applicant is requesting approval of a Conditional Use Permit (CUP) to allow
outdoor storage of 25 over - the -road trailers, trucks, vans and 2 recycling compactors. The
applicant's narrative states, "...the most effective way to "screen" the receptacles is to paint them
either the base building color or a complimentary color. The receptacles themselves are solid,
flat paneled, enclosed metal structure that when painted are not objectionable in our opinion."
too
Planning Report— Meadow View CUP
November 26, 2013
Pate 4
Outdoor-Storage Requirements —
a. Outdoor storage items shall be placed within an enclosure as necessary to achieve
appropriate security and containment or for public safety reasons when determined
necessary by the city. In general business (GB) and community shopping center (CSC)
zoning districts, the enclosure shall be attached to the principal building and be
constructed of materials which are aesthetically compatible with the principal building.
In limited industrial (I - -1) and general industrial (I - -2) zoning districts, the enclosure may
be detached from the principal building. The applicant is not proposing an enclosure.
The rear of the site is lower than the adjacent property by approximately 12 feet
and a retaining wall with a guard rail will be located atop the wall. This
topography change may assist with security and containment which is typically the
purpose of an enclosure.
b. The storage areas shall be located in the side or rear yards and shall not encroach into
any required front building setback area or other required setbacks. The designated
storage area is located at the rear of the property, behind the building and is not
encroaching into parking setbacks.
c. The outdoor storage area shall be
screened from view from the public
right -of -way and from any adjacent
property which is designated for
residential uses in the comprehensive
guide plan. The location of the
building screens the outdoor storage
area from Meadow View Road right -
of -way. While the site is well
landscaped and sits below Hwy. 13,
the applicant proposes to add an
additional four 6 -foot green spruce
trees to further screen the storage
area from Hwy. 13 right -of -way.
d. The storage area shall not interfere with any pedestrian or vehicular movement. The
proposed storage area is located behind the building in an area specifically
intended for loading and semi maneuvering, there is no intention to have
pedestrian or passenger vehicular movement in the storage area.
e. The storage area shall not take up required parking spaces or landscaping areas. The
proposed storage area was designed with the original parking lot layout and will
not take up required parking spaces or landscaping areas.
[0l
Planning Report — Meadow View CUP
November 26, 2013
Paf4e 5
f. The storage area shall be surfaced with concrete or an approved equivalent to control
dust and erosion. The surface shall be properly maintained to prevent deterioration.
The proposed storage area will be paved.
Utilities — The new building is connected to the City sanitary sewer and water main systems.
Wetlands — There are no wetlands on the site, thus, City Code § 11.67, wetland protection and
management regulations, does not apply.
Stormwater Management /Water Quality — Stormwater Management and Water Quality have
been addressed with construction of the new office /warehouse building.
Financial Obligation — At this time, there are no pending assessments on the parcel.
SUMMARY /CONCLUSION
The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of 25
over - the -road trailers, trucks and vans in the north portion of the property, behind the building.
The request also includes the outdoor storage of two recycling compactors. Five of the six
outdoor storage criteria are met with this proposal. The criterion not met is that of enclosure of
the outdoor storage.
The physical attributes of the site, including topography and design, appear to assist with security
and containment of the outdoor storage. However, City Policymakers should determine if an
enclosure is necessary.
ACTIONS TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow outdoor storage of 25 over -the-
road trailers, trucks and vans for property located at 1675 Meadowview Road, legally described
as Lot 2, Block 1, Meadowview Industrial Park, subject to the following conditions:
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval and proof of its recording be provided to the City.
2. This Conditional Use Permit shall replace any and all former Conditional Use Permits
and Interim Use Permits for the property.
3. If the city determines that the site is deficient in parking, the applicant's outside storage
area shall be restriped to accommodate the additional stalls.
4. The outdoor storage is limited to a maximum of 25 over - the -road trailers, trucks and vans
located in the parking lot on the north side of the building.
CA
Planning Report — Meadow View CUP
November 26, 2013
Page 6
5. The storage shall be kept in an orderly fashion and all vehicles shall be operable.
6. Four 6 -foot green spruce trees shall be planted by May 31, 2014, per the Site Plan
received on October 16, 2013.
To recommend approval of a Conditional Use Permit to allow outdoor storage of 2 recycling
compactors for property located at 1675 Meadowview Road, legally described as Lot 2, Block 1,
Meadowview Industrial Park, subject to the following conditions:
1. The Conditional Use Permit shall be recorded with Dakota County within 60 days of the
date of approval and proof of its recording be provided to the City.
2. This Conditional Use Permit shall replace any and all former Conditional Use Permits
and Interim Use Permits for the property.
3. The outdoor storage is limited to 2 recycling compactors located behind the rear of the
building.
4. The compactors shall be painted a color to match the building and shall be maintained to
prevent cracked, peeling and faded paint.
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NARRATIVE
`Interstate Partners LLC
500Jacicson Street J Suite 200 J St. Paul, MN 55101 J Tel: 651,406.8050 J Pax: 651.406.8628 J interstatepartners.coi
Sarah Thomas October 16, 2013
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: CUP Request — Meadow View Industrial
Dear Ms. Thomas,
Interstate Partners' construction of Meadow View Business Center, located at 1675 Meadow View Road, is nearly
complete. We are expecting our shell to be finished in the next 6 weeks or so. Lease up at the property is going
well and we are fortunate to be able to provide 4 companies with new office / warehouse space in Eagan, several
of which are new to the Eagan submarket. As a condition to leasing in our building, 2 of these companies have
requested that we obtain a Conditional Use Permit for the outdoor storage of over - the -road trailers, trucks and
vans, as well as recycling compactors for use in their day to day operations.
Pursuant to the Conditional Use Permit Checklist, we have generated the revised plan set, which contemplates
truck, trailer and van storage in the rear of our truck court. As part of our base building construction this area is
being paved and storm sewer and curb are being installed. We have added several coniferous trees to the
proposed landscaping plan to fully screen the storage area from the right of way to the east and the neighbor to
the north. Additionally, the storage area sits well below the property to the north and the right of way to the east
and is screened by a stand of trees to the west and the building to the south, which fully screens the storage area
from neighboring uses.
The two compactors requested on site are intended to sit up against the building in dock positions, as shown on
the revised plans. Building a trash enclosure around these units is not practical due to their size and the need to
have them removed, emptied and serviced. In our experience, the most effective way to "screen" the receptacles
is to paint them either the base building color or a complimentary color. The receptacles themselves are solid, flat
paneled, enclosed metal structures that when painted are not objectionable in our opinion.
Our architect has generated the revised plans to meet the Performance Standards for Outdoor Storage set forth in
Section 11.70 Subd. 22 of the Zoning Amendment. We welcome additional feedback from staff, planning
commission and council and will gladly incorporate any suggested changes into our plans to meet the conditions
required for issuance of our CUP.
Sincerely,
Eric J. Simmer
Agenda Information Memo
December 3, 2013, Eagan City Council Meeting
B. COMPREHENSIVE GUIDE PLAN AMENDMENT — GREGORY PRE USSE
ACTION TO BE CONSIDERED:
To direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to
change the land use designation from BP (Business Park) to MD (Medium Density) for
approximately 3 acres located at 4135 Old Sibley Highway,
REQUIRED VOTE FOR APPROVAL: At least four votes.
FACTS:
➢ The property had been guided General Business from 1974 until 2001 when it became guided
Business Park (BP).
➢ The property is zoned Business Park, was platted in 2000 and is currently vacant.
➢ The property is surrounded by BP and Limited Industrial (I -1) zoned properties but for the
Eagan Heights Townhome development to the south.
The Concept Plan calls for a 55+ senior apartment building not to exceed 34 units.
The proposed Medium Density designation allows up to 12 units per acre.
➢ If favorably reviewed by the Metropolitan Council, implementation of the land use
amendment would be acted upon by the City Council in conjunction with review and
approval of a specific development plan (Rezoning) for the property.
➢ Development and compatibility considerations:
• Sanitary sewer and water main are available to serve the property.
• A 66' wide electric transmission line easement and a 100 -foot gas line easement run
east -west through the center of the site. A 30 -foot drainage and utility easement runs
along the east property line.
• Specific plans regarding grading, drainage, tree preservation, site design, building
elevations, etc. will be required with a future rezoning request.
➢ The Advisory Planning Commission (APC) held a public hearing on the proposed land use
amendment at the November 26, 2013 APC meeting, and did recommend approval.
ISSUES:
➢ City staff received one letter of objection to the proposed amendment.
60 -DAY AGENCY ACTION DEADLINE: Not applicable
ATTACHMENTS: (4)
Location Map, page �tQ
Draft November 26, 2013 APC Meeting Minutes on page
Planning Report, pages �IR through l,-&
Letter of objection, pages i' through la(p
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Project Name: Preusse/4135 Old Sibley Hwy
Request: Comprehensive Guide Plan Amendment
Case No: 19-CG-06-10-13
City of Eap
40
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0 500 1;000 2,000
Legend
PARCELS 08-2013
Buildings
Parks
J
116111i City Boundary
Advisory Planning Commission
November 26, 2013
Page 4 of 7
B. Preusse
Applicant Name:Gregory L. Preusse
Location:4135 Old Sibley Highway; Lot 2, Block 1, Preusse Addition
Application: Comprehensive Guide Plan Amendment
A Comprehensive Guide Plan change from BP, Business Park to PD, Planned Development.
File Number: 19- CG- 06 -10 -13
Planner Thomas introduced this item and highlighted the information &6bented in the City Staff
report dated November 12, 2013. She noted the background and hisfory.
Member Filipi moved, Member Prashad seconded a mdtion+, to recommend approval of a
Comprehensive Guide Plan Amendmentyto change the land use designation from Business
Park to Medium Density upon approximately 3;acres located at 41'35 OId Sibley Highway.
Member Filipi asked that staff notify Dakota
relation to the Cedar Grove.,Transit station
Member Vanderpoel
type of housing but4
Member Piper statec
with the mq,�,q . aca
favorable to the ame
d by the City Council, in
icted and'.explained that she believes the City needs this
the proposedaocation is not ideal,
he shares .c-oncer ' sh are d,.by Member Vanderpoel but was comfortable
ise the development planswill be before the APC if the City Council is
All voted -rn ,favor. Motion carved 7 -0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: November 12, 2013
APPLICANT: Gregory L Preusse
PROPERTY OWNER: Preusse FLP
REQUEST: Comprehensive Guide
Plan Amendment
LOCATION: Lot 2, Block 1, Preusse 2nd Addition
COMPREHENSIVE PLAN: BP, Business Park
ZONING: BP, Business Park
SUMMARY OF REQUEST
CASE: 19- CG- 06 -10 -13
HEARING DATE: November 26, 2013
APPLICATION DATE: October 16, 2013
PREPARED BY: Sarah Thomas
The applicant is requesting a Comprehensive Guide Plan Amendment to change the land use
designation from Business Park, to Medium Density, upon approximately 3 acres located at 4135
Old Sibley Highway.
AUTHORITY FOR REVIEW
The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section
473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to
time as conditions change. The city's Guide Plan is to be implemented by official controls such
as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation
of public policy and a legislative act. As such, the classification of land uses must reasonably
relate to promoting the public health, safety, morals and general welfare. When a change to a
city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the
change is in the best long -range interests of the city. The standard of review of a city's action in
approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational
basis. A rational basis standard has been described to mean having legally sufficient reasons
supportable by the facts which promote the general health, safety and welfare of the city.
`\a
Planning Report — Preusse CGA
November 26, 2013
Pap-e 2
BACKGROUND/HISTORY
Zoning History and Surrounding Area — The subject property is zoned Business Park and is
vacant. The property was platted in March 2000. The owner has stated the property was
previously a truck transfer site and aerial photography from 1964 identifies a building on the
property. City records could not be found pertaining to this use. Outdoor storage has previously
occurred on the property.
To the west, there is an office building, under the same ownership as the applicant, which was
constructed in 2007. To the south across Old Sibley Highway is the Eagan Heights Townhomes
residential development consisting of 146 units. Properties to the east contain a
telecommunications tower and utility building. To the north, across Old Sibley Memorial
Highway is Lovegreen Industrial Services.
Comprehensive Land Use Guide Plan — The city's first comprehensive land use guide plan and
map were prepared in 1974. That plan designated the property GB, General Business and it
remained so until 2001. In 1999, the City studied the area surrounding Cedar Grove and all
quadrants of the Highway 13 /Cedar Freeway interchange to determine which areas should be
included in the Special Area Plan. Ultimately, the Southwest quadrant was removed from
consideration for Special Area purposes. The property was guided BP, Business Park with the
adoption of the 2001 Comprehensive Plan.
EXISTING CONDITIONS
The site is accessed from the south via Old Sibley Highway.
Aerial photography shows the majority of the site has been cleared save for a stand of trees in the
NE corner of the property. The subject site is vacant except for a concrete pad located on the SE
portion of the property.
SURROUNDING USES
The following existing uses, zoning, and comprehensive guide plan designations surround the
subject property:
ti
Existing Use
Zoning
Land Use Designation
North
Lovegreen
I -1, Limited Industrial
IND, Limited Industrial
South
Eagan Heights
Townhomes
PD, Planned
Development
MD, Medium Density Residential
(4 -12 u /ac)
East
Utility Building;
Telecommunications
Tower
BP, Business Park
BP, Business Park
West
Office
BP, Business Park
BP, Business Park
ti
Planning Report — Preusse CGA
November 26, 2013
Page 3
EVALUATION OF REQUEST
PROPOSAL
The applicant has submitted a conceptual development plan for the site which calls for the
construction of a senior apartment building. The applicant has stated the unit count would be 34
units or less so as not to exceed the 12 units an acre maximum for Medium Density. The concept
plan does include underground parking in addition to surface parking. The development would
also include two free - standing garage buildings for additional storage needs of its tenants. The
Concept Plan shows access from Old Sibley Highway.
The applicant's narrative states his intent is to "build a senior, 55 +, luxury apartment building
which will be three to four stories with underground parking. This proposed development fits the
site and would offer less commercial traffic that could possibly increase in this area. There are
presently 200 plus townhomes directly across the street from this location and this is the main
reason I believe developing this project in this location would be a better fit and decrease any
possibility for a future commercial development."
ENVIRONMENTAL IMPACTS
Storm Draina eg /Topography — The entire site lies within Drainage District A (as designated in the
City Storm Water Management Plan — 2007). The site is generally flat and drains to the north and
the east. There is a steep slope along the northern property line that drops approximately 25 feet
to a swale along Old Sibley Memorial Highway to the north. The swale drains northerly to city
pond AP -6 along Trunk Highway 13.
Trees /Ve-etg ation — The City's Tree Preservation Ordinance sets the allowable removal for this
type of development at 30 %. Based on the concept plan submitted, it appears that the proposed
development would result in nearly 100% removal of significant vegetation and mitigation would
be required. A detailed tree inventory and replacement plan will be required at the time of
development.
Wetlands — There are no wetlands on site, therefore, City Code § 11.67, wetland protection
and management regulations, does not apply.
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.
Waste Site — Dakota County has identified a portion of the site, approximately the first 140 feet
from the right -of -way, as a waste site (property flagged due to former use). A Phase I
environmental study should occur to determine the limits of construction, if any.
04
Planning Report — Preusse CGA
November 26, 2013
Page 4
Additionally, City records do not show the site ever hooked up to City sewer and water. Since
aerial photography shows a structure on the property circa 1964, there may be a buried well or
septic tank on the property. The applicant will need to determine if there is a buried well or septic
tank and if so, seal the well, abandon the tank and deal with buried debris and contaminated soil
appropriately per State Statue.
INFRASTRUCTURE IMPACTS
Streets /Access /Transportation — The only access to the site is from Old Sibley Highway, Old
Sibley Highway is a 30 foot wide local street that connects to Diffley Road to the south. There are
no public trails or sidewalks in the area.
Easements — There is a 66 foot transmission line easement and a 100 foot wide gas pipeline
easement running east -west through the center of the site. There are also standard drainage and
utility easement along the front, rear, and west property lines, and a 30 -foot wide drainage and
utility easement along the east property line.
Sanitary Sewer — Lateral sanitary sewer of sufficient size, depth and capacity is available along the
north and south sides of the site for connection and extension with development of the property.
Sanitary sewer District W (as designated in the City's Comprehensive Sanitary Sewer Plan) serves
the entire site.
Water Main/Supply — Lateral water main of sufficient size and capacity is available along the
north and south sides of the site for connection and extension with development of the property.
Water Quality — Any development will need to comply with Post Construction Requirements
(City Code §4.33) for stormwater management and surface water quality. These regulations
include: design standards for volume control and reduction; total phosphorus control; total
suspended solids control; oil 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 stormwater treatments; pond requirements; regional
ponding and maintenance of private stormwater facilities.
COMPREHENSIVE LAND USE IMPACTS
Land Use Designations — MD, Medium Density, is a general land use category which provides
areas for attached housing units, including two- family dwellings, townhomes and condominiums.
Under certain circumstances, small lot detached family units may also be appropriate. The
Comprehensive Guide Plan specifies which zoning districts are considered consistent and
compatible with each land use designation. Agricultural is a compatible zoning district.
Potentially consistent districts include: Single Family (R -1), Single Family Small Lot (R -1S), Two
Family (R -2), Townhomes (R -3) and Multiple Family (R -4). The concept plan identifies a
multiple family development.
w15
Planning Report — Preusse CGA
November 26, 2013
Page 5
Density — The Comprehensive Plan states that allowable gross densities within MD range from 4
to 12 units per acre, including common areas. As previously mentioned, the applicant proposes
up to 34 units, which would result in a density of 11.76 units per acre.
Compatibility — The proposed MD land use designation is generally compatible with other
residential uses (lower and higher density). Like single family uses, medium density residential
may also be compatible with some commercial and light industrial uses, given appropriate scale,
buffering and design treatment of the higher intensity uses. In some situations, medium density
uses may serve as a buffer between lower and higher intensity uses.
Access Needs — Access needs vary by unit type and size of development but are generally
moderate. Locations with easy access to arterial and collector streets may be most appropriate for
larger -scale townhome and condominium type developments. As previously mentioned, the site
would gain access from Old Sibley Highway, a local street, which connects to Diffley Road, a
Minor Arterial.
Physical Suitability — The Comprehensive Plan states similar to single family, appropriate unit
types should be chosen to match the site conditions. Generally, attached units can be well
integrated into sites with physical constraints. As shown on the Concept Plan, there are several
easements over this property: a 66 foot wide transmission line easement, a 100 foot gas pipeline
easement and 10 -foot front, side and rear yard drainage and utility easements.
Land Supply — Overall, 896 acres (4.2 %) in the City have the Medium Density Residential land
use designation, and 1,799 acres (8.4 %) have the Industrial /Business Park designation. Thus, the
proposed Medium Density designation would increase availability of land for a variety of
residential housing and leave ample land available for Industrial /Business Park use.
Comprehensive Guide Plan Goals and Policies — Housing is the most significant form of
development in Eagan. More than one -third of Eagan's 2030 land use plan is devoted to
residential land uses. The Comprehensive Plan establishes several goals and policies intended to
guide housing development. The following are considered relevant to this application:
➢ Promote and maintain a well- balanced community with a diverse mix of housing types and
values in the community to accommodate the housing needs of persons of all incomes and
all stages of life.
➢ Ensure redevelopment occurs in an orderly manner and is compatible with existing
surrounding uses.
➢ Encourage quality residential development through its requirements for landscaping;
development of compatible architecture; preservation or provision of lakes, parks and
vegetation; and other amenities.
Support higher density residential development in areas adequately served by municipal
services; in close proximity to parks, schools, shopping and transit; and where existing
environmental conditions can be protected.
Lo
Planning Report — Preusse CGA
November 26, 2013
Page 6
Life cycle housing is one aspect of a balanced housing supply. One of the objectives of life cycle
housing is to provide housing options for all points in a person's life. One of the housing types
typical to life cycle housing includes shared maintenance housing for empty nesters. As noted in
the Comprehensive Plan, the largest adult age group by 2030 is projected to be those between 55
and 74 years of age; thus, housing options for this age group are needed. The applicant's narrative
describes the project as this type of use (55 +).
PARKS AND RECREATION SYSTEM
The subject parcel is located within Park Service Area 18. Due to the predominance of
industrial /commercial development in this location, this portion of the Service Area does not
contain a developed park feature. The nearest developed neighborhood park is Cedar Pond Park
located on Diffley Road, east of the Cedar Freeway. Considerable open space is also available for
public use south of the site at Metcalf Junior High School.
During a recent site visit there were multiple individuals walking along Old Sibley Highway. The
area is void of sidewalks and trails as it was planned for Light Industrial and Business Park
development. Thus, the nearby residents have limited options for multimodal transportation
activities.
SUMMARY OF FINDINGS
General Considerations
• The applicant is requesting a change in land use designation from BP, Business Park to MD,
Medium Density, for approximately 3 acres of property currently zoned Business Park and
located north of Diffley Road on Old Sibley Highway.
• The property has long been designated for office type uses, with a Guide Plan designation of
GB, General Business. This property was once envisioned to be part of the Cedar Grove
Special Area Plan.
• Access restrictions and development limitations resulted in the property and its surrounding
area to be removed from the Special Area Plan and the property was guided BP, Business
Park.
Environmental Impacts
• The site is generally flat; however, there is a steep slope along the northern property line that
drops approximately 25 feet to Old Sibley Memorial Highway to the north.
• Development of the site is subject to the City's Tree Preservation Ordinance (Sec. 11.70,
Subd. 12.1).
\m
Planning Report — Preusse CGA
November 26, 2013
Pave 7
• There are no wetlands on the property.
• The proposal is consistent with airport Noise Policy Zone 4, with the contemplated shared
entry multi- family residential use subject to sound attenuation construction standards.
• Dakota County has flagged a portion of the property as a waste site, most likely due to the
former use of the property as a truck transfer site. A Phase I Environmental study should
occur to determine any potential construction limitations.
Infrastructure Impacts
• Street access is available to the site via Old Sibley Highway which connects to Diffley Road,
an arterial roadway.
• The 66 -foot transmission line easement and a 100 -foot wide gas pipeline easement that cross
the site will remain.
Sanitary sewer and water main are available to serve the site.
• Development will need to comply with Post Construction Requirements (City Code §4.33) for
stormwater management and surface water quality.
Comprehensive Land Use Impacts
• MD, Medium Density, is a general land use category which provides areas for attached
housing units, including two- family dwellings, townhomes and condominiums.
• The submitted concept plan and narrative propose a medium density attached residential use
geared toward active seniors aged 55 +. The proposed use would expand the options of life
cycle housing for this age group.
• The proposal appears generally compatible to the surrounding developed properties with
appropriate access and takes the physical limitations of the site into accountability.
Parks and Recreation System
• Due to the predominance of industrial /commercial development in this location a developed
park feature is not nearby.
• The nearest developed neighborhood park, Cedar Pond Park, is available via existing
boulevard trails on Diffley Road.
• Existing park and recreation facilities in this area have the capability to accommodate an
increased service base.
IBS
Planning Report — Preusse CGA
November 26, 2013
ACTION TO BE CONSIDERED
To recommend approval of a Comprehensive Guide Plan Amendment to change the land use
designation from Business Park to Medium Density upon approximately 3 acres located at 4135
Old Sibley Highway.
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Project Name: Preusse/4135 Old Sibley Hwy
Request: Comprehensive Guide Plan Amendment
Case No: 19-CG-06-10-13
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NARRATIVE
Preusse
Family
Limited
Partnership
October 16, 2013
City Of Eagan
3830 Pilot Knob Rd
Eagan, MN 55122
Re: Narrative regarding a request for the Preusse 2nd Addition Lot 2
The comprehensive guide plan on the existing lot 2 is presently BP. I am
requesting a change to allow us to build a senior 55+ luxury apartment building which
will be three to four stories with underground parking. This proposed development fits
the site and would offer less commercial traffic that could possibly increase in this area.
There are presently 200 plus townhomes directly across the street from this location and
this is the main reason I believe developing this project in this location would be a better
fit and decrease any possibility for a fitture commercial development.
Provided that the city approves this request and the project development costs
make sense for me to go forward. The Preusse Family Partnership would like to proceed
as soon as possible. This development will be one of the only gated luxury apartment for
senior living communities in the Eagan area. The proposed development will have some
garage spaces for additional storage (such as boats or vehicles) that will be stored on site.
(refer to proposed plans).
Surrounding land use within a 670 feet area is P.D. and I1 down the hill and
across from Old Sibley Memorial Hwy there are 3 single story buildings and a storage
facility. It is our opinion that that the compatibility of this site to be developed into a
gated luxury apartment development fits best due to the current townhouse community
closest to this proposed project. The Preusse Family Limited Partnership does not have
plans to develop this site into a commercial project anytime soon, as it is our opinion that
such a project would not make sense in this location at this time. Please comider our
request as a great addition to the Eagan community.
Sincerely,
Gregory L. Preusse aEco m DCi 16 2011
Preusse Family Limited Partnership 1 1745 Crestridge Lane Eagan, MN 55122
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11/24/2013
From: Marvin and Ann LeNoble
2165 Cool Stream Circle
Eagan RECEIVED NOV2 5 2013
To: APC @cityofeagan
Subject: Request to change current Business Park to Medium Density (residential).
Reasons it should not be changed:
Several years ago this issue came up for reclassification and was rejected because
of the natural gas pipes next to it. The natural gas park has filled out and
expanded almost every summer. The original decision is more appropriate given
this activity.
There are 3 communication Towers along this high ridge. One tower is close to
this land. They serve as a beacon for storm strikes. We have experienced many
strikes in our 15 years living across Old Sibley Road from this land. Although we
are along way from this Tower the electrical fields can be intense. We have
attached an example of our worst one.
We think it is very unwise to approve any residential purpose to be near these two
areas. It is very dangerous.
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OFFICE USE ONLY
CLAIM FORM
FARMERS AND FOREMOST CLASS ACTION SETTLEMENT
If you were paid a claim for a Covered Loss during your applicable Class Period by one of the following Insurers, you maybe eligible for
a payment in this settlement: Farmers Insurance Exchange, Texas Farmers Insurance Company, Farmers Insurance Company, Inc,, Fire
Insurance Exchange, Truck Insurance Exchange, Civic Property & Casualty Company, Exact Property & Casualty Company Inc., Farmers
Insurance Company of Arizona, Farmers Insurance Company of Idaho, Farmers Insurance Company of Oregon, Farmers Insurance
Company of Washington, Farmers Insurance Company of Columbus, Inc., Farmers New Century Insurance Company, Illinois Farmers
Insurance Company, Mid - Century Insurance Company, Neighborhood Spirit Property & Casualty Company, Foremost Insurance
Company Grand Rapids, Michigan, Foremost Property and Casualty Insurance Company, Foremost Signature Insurance Company,
Foremost County Mutual Insurance Company, American Federation Insurance Company, and Foremost Lloyds of Texas.
Please print (or type) clearly in blue or black ink. This Claim Form must be mailed and postmarked by February 23, 2011. Remember
to get your Claim Form notarized before you mail it and include all requested documentation that you have available.
IF YOU HAVE MORE THAN ONE CLAIM, PLEASE MAKE A COPY OF THIS CLAIM FORM AND SUBMIT A SEPARATE CLAIM FORM FOR
EACH OF YOUR CLAIMS. If you have any questions, please call 1- 877 - 418 -8083.
1. CLASS MEMBER INFORMATION.
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Mailing Address:
Number and Street
city v
Daytime Phone:
Name of first person listed on the policy, if not you:
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Relationship to first person listed on the policy, if not you:
2. • SS / CLAIM INFORMATIONj )p
Address of Damaged Structure: f �� �� I / P ✓n C' - / e
Number and Street
City
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Approximate Date of Loss (Month /Day /Year): `� /-0-3 / _a -7 . l
Description of Loss: wf n iri C< ! 1 ��✓ + }�
Policy Number (if known): q 17? Claim Number (if known):
Total amount of your claim (if known): $ Total amount paid by Insurer (if known): $ ,5�q cf F
CRN- 1339€327
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Agenda Information Memo
December 3, 2013 Eagan City Council Meeting
NEW BUSINESS
C. CONSIDER COMCAST'S REQUEST TO IMPOSE LATE FEE ON EAGAN CABLE
SUBSCRIBERS
ACTION TO BE CONSIDERED:
Provide direction on Comcast's Late Fee Request.
FACTS:
• On November 12, 2013, in accordance with requirements of its cable franchise agreement, with
the City, Comcast requested that the Eagan City Council approve an increase in the
administrative late fee the company charges customers who do not pay their bills on time.
• Comcast desires to raise the fee for late payments from the current $8 to $9.50 per late
payment (defined as the first 38 days from the posting of the bill, and then every 30 days
thereafter).
• Comcast last raised its late fee in 2010 with City Council authorization in February, 2010. Prior to
that the fee was raised to $7 in 2007 by the former Burnsville /Eagan Telecommunications
Commission, which handled all previous requests. The last late fee hike prior to 2007 was in
1994.
• While in some other communities, Comcast can raise fees on its own, under the terms of the
Eagan franchise, late fees cannot be adjusted without the concurrence of the local franchise
authority. With the dissolution of the cable commission, that authority rests with the City
Council.
• Comcast has provided a letter in support of its request and a Comcast representative will be
present at the December meeting to discuss the request with the City Council.
• Comcast asserts that it is basing its request on confidential trade secret information contained in
a Twin Cities Region Cost study using actual year data. It indicates that the data concludes the
estimated net cost to the company is greater than $13 per late payment.
• Though Comcast has offered to provide City staff a copy of that study for review if it receives
trade secret protection, on the advice of the City's cable franchise attorney, the City does not
agree that the information is trade secret under Minnesota law, and that in the interest of
transparency, Comcast should make public any information that would form the basis for a
decision by a public body.
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The City's counsel, Mr. Brian Grogan, of Moss & Barnett, will be present December 3rd for this
item and may assist the Council on best options for phrasing a motion based on the direction
indicated by the Council.
The request from Comcast comes without a staff recommendation, but Communications
Director Garrison will be present to introduce the item and the Comcast representative.
The decision options would appear to be as follows:
1) The City Council acknowledges receipt of Comcast's request and allows it to proceed
subsequent to Section 5(10) of the Franchise but without waiving its future rights of
approval
2) The Council concludes that insufficient public data has been provided to justify the
request and denies the request.
3) The Council concludes that insufficient public data has been provided to justify the
request and delays consideration of the request.
ATTACHMENTS:
• November 26, 2013, Comcast letter supporting its Late Fee Request on pages o
kaand 130 .
• November 12, 2013, initial Comcast communication regarding Late Fee Request on pages kv-31_
and \95QL,
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COMCAST
Mr. Tom Garrison
Communications Director, City of Eagan
Municipal Center
3830 Pilot Knob Road
Eagan, MN 55122
November 26, 2013
Re: Information to Support Late Fee Restructure Request
Dear Tom:
Per my letter dated November 12, 2013, and in accordance with the City's franchise agreement,
Comcast is providing further information to support its request that the City Council approve an
increase in the administration fee that Comcast (the "Company ") collects from customers for late
payments from $8.00 to $9.50.
• The fee is not a revenue source for Comcast. The fee is collected to reduce operating
costs that are incurred from late paying customers.
• Comcast conducted a Twin Cities Region Cost Study using actual data for a one -year
period ending August 31, 2013 to determine the costs incurred from late bill payments.
The study contains confidential, trade secret information, and can be made available for
your review with the proper protections.
• The study concluded that the estimated net cost to the Company per late fee was
greater than $13.00.
• Comcast's late fee is currently $8.00. It was last changed in 2010.
• Comcast's proposed adjustment to $9.50 is plainly justified by the 2013 cost study.
• The fee for the late payment will be assessed if the payment is not received by day 38
of the billing cycle. Another late fee is assessed if payment is not received by day 68.
The Company's late fee approach addresses the concerns of people who miss their
payment by a few days and who believe they should not incur the same late fee as
those who pay later in time.
• We strongly believe that customers who pay on time should not have to subsidize the
fees associated with customers who do not pay on time.
• A fee assessment for late payment is not unique to Comcast. Late fees are charged by
other companies that provide services on a month -to -month basis, including Xcel
Energy, CenterPoint Energy and Century Link. As is common among city utilities, the
City of Eagan assesses a utility bill late charge on unpaid residential customer city utility
bills.
Most franchises do not require approval for this change. Comcast, however, hopes to
implement this change in a uniform manner throughout the Twin Cities metro area. If approved,
�a9
the fee will not be changed until all customers receive a bill message at least 30 days prior to
the implementation of the new fee.
I look forward to discussing this further on December 3, 2013. In the meantime, please contact
me directly with any questions.
jSin 4ere
,
rly Werner
Director, Government Affairs, Twin Cities Region
(o): (651) 493 -5777
Karly WernerOD-ca ble. com cast. com
4��
Ccomcast. 10 River Park Plaza
St. Paul, MN 55107
Mr. Tom Garrison
City of Eagan, Communications Director
3830 Pilot Knob Road
Eagan, MN 55122
VIA EMAIL
November 12, 2013
RE: Administrative Late Fee Restructuring
Dear Tom:
In accordance with a section in your Franchise regarding Late Fees, Comcast is
requesting your approval for a restructuring of our Late Fee. I am writing to notify you
that Comcast ( "the Company ") is proposing to change these fees effective January 1,
2014 in communities which do not require approval. Upon approval from the remaining
communities, the fees will change with a 30 -day notification to the customer. The
Company is implementing this revised late fee structure to cover additional costs
incurred in dealing with late paying customers. The current fee of $8.00 has not been
changed since 2010.
Comcast has done a study of costs caused by late paying customers and determined
that our costs now far exceed $8.00. A copy of that cost study can be provided with
appropriate trade secret protections. At this time, Comcast is proposing a restructuring
of late fees to provide for an administration fee in the amount of $9.50 in place of the
current fee of $8.00. Effective with your approval, Comcast proposes to assess a late
fee of $9.50 if payment is not received by day 38 of the billing cycle. Another late fee is
assessed if payment is not received by day 68.
We strongly believe that customers who pay on time should not have to subsidize the
fees associated with customers who do not pay on time. The Company's late fee
approach addresses the concerns of people who miss their payment by a few days and
who believe they should not incur the same late fee as those who pay later in time.
Comcast is requesting that you address this matter at your next scheduled
meeting in order for us to apply uniformly across the entire area. Most franchises
do not require approval by the city or commission and we wish to comply with the
requirement in your area.
Customers will be notified on this change in a letter which will be received beginning in
late November which will also include information about 2014 service pricing.
Customers in your community will receive a bill message 30 days prior to the
implementation of the new fee once the City /Commission grants approval. Should you
November 12, 2013
Page 2 of 2
have any questions or concerns on this matter, please do not hesitate to contact me at
651 - 493 -5777.
Sincerely,
/s/ Karly Werner
Karly B. Werner
Director, Government Affairs
Comcast — Twin Cities Region
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
DECEMBER 3, 2013
A. CALL TO ORDER
B. ADOPT AGENDA
C. CONSENT AGENDA
1. APPROVE EDA Minutes
D. OLD BUSINESS
E. NEW BUSINESS
1. CONSIDER Concept Plan and Purchase Proposal from Morrissey
Hospitality Group for Acquisition and Redevelopment of Property located
between Cedar Grove Parkway and the Cedar Grove Parking Garage
F. OTHER BUSINESS
G. ADJOURN
Agenda Information Memo
Eagan Economic Development Authority Meeting
December 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 November 4, 2013 EDA meeting are enclosed
on page.
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
November 4, 2013
A meeting of the Eagan Economic Development Authority was held on Monday, November 4, 2013 at the
Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields,
Commissioner Hansen and Commissioner Tilley. Also present were Executive Director Osberg, Community
Development Director Hohenstein and City Attorney Dougherty.
CALL TO ORDER
President Maguire called the Economic Development Authority meeting to order.
ADOPT AGENDA
Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the agenda as
presented. Aye:5 Nay:0
CONSENT AGENDA
Commissioner Hansen moved, Commissioner Bakken seconded a motion to approve the Consent
Agenda as presented. Aye: 5 Nay: 0
1. It is recommended to approve the minutes of October 15, 2013 - EDA meeting as presented.
2. It is recommended to approve an amendment to the Parking License with Jensens Supper Club to
Permit Temporary Parking Expansion.
There was no Old Business.
There was no New Business.
There was no Other Business.
OLD BUSINESS
NEW BUSINESS
OTHER BUSINESS
ADJOURNMENT
Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5
Nay: 0
Date
6 JG
David M. Osberg, Executive Director
Agenda Memo
Eagan Economic Development Authority Meeting
New Business
December 3, 2013
1. CEDAR GROVE REDEVELOPMENT DISTRICT — MORRISSEY
HOTEL CONCEPT PLAN
ACTION TO BE CONSIDERED:
1) To approve the Morrissey Hospitality Preliminary Redevelopment Concept Plan dated
November 26, 2013 for the redevelopment of property in the core area of the Cedar
Grove Redevelopment District.
And
2) To direct the preparation of a preliminary real estate purchase agreement between the
Eagan EDA and MHC Cedar Grove LLC for the area defined by the Preliminary Concept
Plan to be considered at a future EDA meeting.
FACTS:
Background
One of the conclusions of the original Cedar /13 Task Force Study was that a mix of
high density residential uses with retail, food and beverage and office uses would be a
desirable long term redevelopment plan for the area.
Since that time, a number of redevelopment concepts have been considered that
would incorporate hotel uses in various layouts within the core area.
The current redevelopment plan including the Paragon Outlet Center and related
parking improvements has defined the layout of the remaining development outlots in
the area, while preserving the opportunity for the development of some of the other
uses originally envisioned. In negotiating the layout of the space with Paragon, the
EDA specifically indicated a desire to attract pedestrian and transit oriented uses to
implement aspects of the original mixed use vision.
This spring, the redevelopment team reached out to a number of hospitality
developers to gauge interest in hotel development in the context of the Paragon
approval. Those discussions resulted in the proposal being presented at this time.
Morrissey Hotel Concept Proposal
• MHC Cedar Grove LLC, an entity of Morrissey Hospitality Companies, has
submitted an offer to acquire a .99 acre portion of the 1.8 acre parcel located on Cedar
Grove Parkway within the footprint of the Cedar Grove Parking Garage for the
development of a 4 story, 123 unit limited service hotel. The hotel is intended to
kb(o
make use of the available capacity of the parking garage to optimize the vertical and
horizontal use of the site.
• If the EDA approves the preliminary concept plan, attention would also be given to
the pedestrian connections within and around the property to optimize the walkable
relationship with the Paragon Outlet Center and other retail and food and beverage
businesses in the area.
• The purchase proposal as presented is based on an assumed $7,975.65 per room or
$981,003.00. The total is made up of $491,306.00 for the land and $489,297.00 as a
capital contribution toward the use of 129 stalls in the parking garage.
• If direction is given to proceed with this project, as a part of the negotiation of the
agreement, the City Attorney will secure a market value range assessment from the
City's appraiser.
• In its role in reviewing issues pertaining to the finances of the Cedar Grove
Redevelopment District, the City Council Finance Committee reviewed the letter of
intent and concept plan at its meeting of November 6, 2013. The Committee is
recommending authorization to proceed with negotiations of a purchase agreement
based on the terms of the proposal.
• Because this is a matter of negotiation for the purchase of property, if the EDA
wishes to ask questions regarding specific details of the proposal, it would be
appropriate to recess into executive session for that purpose. If the EDA finds the
matter to be in order, it may take the actions outlined above at this time.
• At this time, staff is requesting that the EDA consider approval of the preliminary
concept plan and, if that is approved, direction to prepare a purchase agreement under
the terms in the letter of intent for future consideration by the EDA.
Concept Review Process
In redevelopment districts, the EDA has a practice of reviewing and providing
preliminary concept approval for projects at this stage to authorize the staff and
developer to undertake the stepwise process of bringing a property sale, development
and financing plan forward.
While a project will still require formal development approvals through the
application and review process of the Advisory Planning Commission and City
Council, the purpose of a preliminary concept approval is to provide assurance that
the EDA, as owner of the property, has determined there is merit to taking the steps
necessary to complete the other steps and agreements necessary to permit the
prospective developer to proceed with that process.
ATTACHMENTS:
• Location map on page 3�
• Redevelopment concept plan dated November 26, 2013 on pages ��fl through
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• LOI summary on page I S
• Neighborhood meeting invitation on page I
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Morrissey Hospitality Letter of Intent
Project Site (.9) Acre Parcel (Embedded in Ramp)
- Retains /z of parcel for future development, possibly a second hotel.
- Makes use of and contributes to the capital and maintenance of parking
garage.
Concept 123 room limited service hotel
Proposed: "Hilton Home 2"
Gross Purchase Price $981,003.00
- $11.38 per square foot (this is for the land offer only — not for the ramp)
- $7,975.65 per room (based on land and ramp contribution)
Blended Purchase Price Land: $491,706.00
Ramp: $489,297.00 (same per stall contribution as Paragon)
Ramp Easement 129 stalls
SAC Credit Request None
Exclusivity 3 year restriction starting after Hotel opening on future hotels in
Cedar Grove /Right of First Refusal
Closin June 2014 (ramp construction makes lot unavailable until June)
Construction time — 10 months
Possible TIF Revenue $300,000.00 beginning in payable 2016
69
I 1 � TO
Dear Neighbor,
�p
As you may be aware, Paragon Outlets is currently building a top -tier outlet mall in Eagan, which will help make the Cedar
Grove Redevelopment one of the best places in Eagan to live, work, shop and play, As an Eagan resident for nearly 30
years, I am excited to see this new amenity being added to our community. As a small business owner, I am also happy to
see growth in our City which will continue to bring new services and jobs to the area.
Because of this new mall and other additions to the area, my company, Morrissey Hospitality Companies, Inc. (MHC), has
created a hotel concept which will allow us to become part of the Cedar Grove Redevelopment. MHC is a full - service
hospitality management, development and consulting company, headquartered in St. Paul. We are an experienced
management team with a proven track record, providing expertise in lodging, market - leading restaurants, catering and
specialty hospitality brands. Our family of brands includes properties such as The Saint Paul Hotel, The St. Paul Grill,
Pazzaluna, and several others both in and outside the metro area.
As part of our continued growth, we have made an offer to the Economic Development Authority of Eagan (EDA) to buy a
parcel of land in order to develop and manage a 123 -room, limited - service hotel in the Cedar Grove Redevelopment area.
We will be formally presenting our proposal to the EDA on December 3, 2013 to request concept approval and pave the
way for the hotel's groundbreaking in the spring of 2014 and opening in the spring of 2015. The EDA meets as part of the
City Council meeting that will begin at 6:30 p.m, at City Hall located at 3830 Pilot Knob Road,
Prior to that meeting, we would like to invite you, as a neighbor to the proposed site, to preview our proposed hotel plans
on November 26th from 6:00 -8:00 pm in the Eagan Room at Eagan City Hall. At this gathering, we will give a brief
presentation on who MHC is and how we envision this hotel being a positive addition to our community. Renderings of the
proposed building and design will be available for viewing, and members of our corporate staff will be available to discuss
any thoughts or questions you may have regarding our proposal.
We are very excited to have an opportunity to become part of this overall redevelopment and a committed partner to the
Eagan community. Please join us on the 26th so that we can present our vision for a hotel and hear from you on how we
can be good neighbors in this endeavor. Thank you and we look forward to meeting you soon.
Sincerely,
William Morris e
President
Morrissey Hospitality Companies, Inc.
jf�
2000 LANDMARK TOWERS, 345 ST. PETER STREET, SAINT PAUL, MN 55 1 02 -1 22 1
PH. 651 - 221 -0815 • WWW.MORRISSEYHOSPITALITY.COM
Agenda Information Memo
Eagan Economic Development Authority Meeting
Decmber 3, 2013
F. OTHER BUSINESS
There are no other items at this time.
G. ADJOURNMENT
ACTION TO BE CONSIDERED; To adjourn the EDA Meeting.
4�