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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 U z J I I I = u a Q � o ZR + /ILx 3w n r /vux Lxl n 3xn ,sva -., NOI1Y1dxd �N`a 0J0 �Wl NVtl301HDIH � \ I -� YlOS3NNlry) 0 +I INV i 'H•,8b S£. 6s�o' xi�ev'no vvo vwn io"ixn "t°ei, "s` x_, CZ.28215 _ 3 � = M "Zo'oO�GOS F'9, lSl -� 't 30 �,y0,,ya• — _ M „8b S£,ZIS fCZ6l // ��4` I I I !I FI I I � I has I �wm a01+1 o3Za W c- ' ^ V! _ I I < d L I - z ga W z158� ,m gml I Ld k: 8 - ff m m LU IL ------- - - - — —'— — —M — - -� i = — — — — — — LC [I OON C['809 S9'LLI $ Z. m i zg a, 1 r I - z I I o Z¢ sl v I \� p pan °t. ; a ya ,I'• a Y 10 _ — — — — — — — — 3.BiiL.00N BC_ — — — — J : +0 L-_�P� o- r _ m �a e i GVMJ AMVHNOVd 0 I u II! v r R. s �h'• `� "M _ -. z8Z,01,ZOS'b9'9Z£ ! - - 3 „ZF,Z4,ZOS 90'6Ll •+' "� mw3 pow kr_ bk� —1 oa =.des' o gWdd° SWF.'�. xdk •n+ :�� w sEN, I �i�l =;v , „V v.a , iv I 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 j Lona Oak Rtl iS Yankae DooA r'' f s i - - - _ Dunev Rd " CIII(RA Fort Snelling State Park ••••.••MNW A ea xferiE "�� E51ftN NINE aP a• •"'�-- _,.,;. -"'s• n-5'� fin` �r,S4 :r A 3 11� � ' � - -. .: ��,� .� y 'G ?ty �, yxx . - � � fib .� b � � '� •.-� -� � FOUR OAKS RD z Subject Site � t O k. i ®J + 0 Central Park Park �dY J 3 'S `* +,. R: -� - 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 (�q 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. m3 _ocatio-n- - Map v ray - - ` Y k D..di..Rd •`` _ Cliff Rd Fort Snelling State Park 4` - .�''i�5" 2`c� -,g R ' FOUR OAKS RD t 0 Subject Site 3 =_ Mm = � W -Are V- AT y UEA`i T3 vfj - ' E=> f 1+ a Central Park Park i Ell y -t _. ts�, - a - s k t- QuarryTPark B = a OF- # UARRYR 7 - 9 mmmmm �. a F_ w �t _ • Icy t' _ - AD NO 28 YANKEE DOODLE ROAD Feet 0 500 1,000 2,000 Project Name: Meadow View Industrial /1675 Meadow View Rd Request: Conditional Use Permit Legend Case No: 09- CU- 09 -10 -13 PARCELS 08 -2013 Buildings Parks City of Eap a ®r,® A 16rr1i City Boundary N M Current Zoning and-Land-Use Map Clty of Eagan Application: Meadow View Industrial Type: Conditional Use Permit Case No.: 09- CU- 09 -10 -13 Zoning 1 -1 Limited Industrial Land Use Plan IND Limited Industrial N 0 300 600 1,200 Feet T Subject • �: ff n 6• :: ii . 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K°...,,,Yt•�'' -'C M .:.t��- f� ``' r7.�?sA- o m m C-3 m m m c:) Fffl.- UEAOOW NEW *1W-'A\VEA0-W -S- L-AO B-ITE PLAN H 00'0]'52" E -4 > /V 0 ''� 73 MEADOW VIEW INDUSTRIAL CENTER Eagan, Minnesota V m ul 9A "I O .c V Gi".- .I EE-3 A ---------- m Ie ---------- jo Al ,W) -- -- - - - - - - - - - Iry I® ID - — — — — — — — — — 0 IV -4 > /V 0 ''� 73 MEADOW VIEW INDUSTRIAL CENTER Eagan, Minnesota V m ul 9A "I O .c V Gi".- .I EE-3 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 M9 Location iViap Snelling SWA,Park alien ,Nava& �, ®® ® ® ® ®�' ®� ® ® ®� ® ®� ® ®t ® ®�� ® ®® mail 00111111111 1 all Will ..t.....: : ® mama®® LN zone No 03 Fail M w Project Name: Preusse/4135 Old Sibley Hwy Request: Comprehensive Guide Plan Amendment Case No: 19-CG-06-10-13 City of Eap 40 I Feet 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. �Ij Location iViap Project Name: Preusse/4135 Old Sibley Hwy Request: Comprehensive Guide Plan Amendment Case No: 19-CG-06-10-13 My of EaERR � N 1 -1 Feet 500 1,000 2.000 Legend PARCELS 08-2013 Buildings Parks J=111ft Z\ �,19 City Boundary N A Rd NY-k.. 0..,11. Rd Diffty Rd Cliff Rd N ra I ra r-'xTd nT Project Name: Preusse/4135 Old Sibley Hwy Request: Comprehensive Guide Plan Amendment Case No: 19-CG-06-10-13 My of EaERR � N 1 -1 Feet 500 1,000 2.000 Legend PARCELS 08-2013 Buildings Parks J=111ft Z\ �,19 City Boundary N Current Zoning and Land Use Map City of qfl Application: Preusse Type: Comprehensive Guide Plan Amendment Case No.: 19- CG- 06 -10 -13 Zoning BP Business Park P Land Use Plan BP Business Park A N 0 300 600 1,200 Feet P 1 -1 1 -1 PD nn- mn m p IND MD m nu ME ja� 1 -1 Subject Site IND Subject Site PF QP R t r t' D l _ :f t L t t 2 F 5 3 i l T a,� mow' _ .L - � c - `•- r� ,z� . �� .. iE r t' D l _ :f t L t t 2 F 5 3 i l T a,� mow' _ .L - � c - `•- r� ,z� . �� .. O CZ CONCEPT PLAN :r Q Ila CL HN Ao tno N x fig p I IRV R if 3 �a3 V 0 Lo 0 +1 CD r-rj 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 � Rq 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. �a i IV =J n n CL 0- _+ v� fD —1 Q O Ct �0 �r c O- v rr io (D `C 0 0'q 0 rF Q fD (D 0 O �. p n N (D n v '+ d rt d f+ ::1: 0 Q O.. i vi -ms s M O * : D O �' N O f<D N N 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. oar Mailing Address: Number and Street city v Daytime Phone: Name of first person listed on the policy, if not you: M State r Evening Phone: 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 Z_j 2-a_ Zip Code &AL .zy-L"a- State Zip Code 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 Ili 111111111111111111111111 I III 1111111111111111111118 11111111117 11111111 II I IIII 11111111111111111111 `a c0 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. �aq 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, �ab O 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 � szo • LOI summary on page I S • Neighborhood meeting invitation on page I t�) r Location �iiap Lone ak d .r° FortSneiling State Park VankeaD —dl.Rd t 1 1 Dim. y Rd 1 MI RI 1 1 1 2 fillapaL ea'�-zTeni'° GAG i ,� ��, y�• �!� Q m� h SILVER DELL RD SILVER BELL ROAD tt OPO O Subject Site LD T 2�G � U Woodhaven Paek NICOLS RIDGE- A OUOISE TRAIL V BLU STONE n <9 � HE y G� Z Wu �O2 CARNELIAN LANE a�el`O APPHIR LN 4 J� D LANE � D Oy 00 \g D V O U Op 0 AV Ahl Feet Project Name: Morrissey Hotel Concept 0 500 1,000 2,000 Request: Concept Plan Review Legend Case No: 0 PARCELS 08 -2013 Cityqn Buildings Clt�� LU Qll Parks Y X110 City Boundary N 6 � m O 0 (D 2 Q0; O E L � cn (D C) [?),4 � n C6 E 0 L UO 4- N - � X1,0 N cc� +— — cn O to -N O � O N � O 0 1uID N b = f- O (� C N m 0 N\ 1uID 1'A N c� (CS 0 4--fli J ��3 IE a� a� J Iq U c� c� HS -IJ N N bjD -� c M L O O O O O � V) O N 4-j O • •+-1 O p o = 0 0 o a� HS a� cn 0 Q O N Ca � O r-+ ago c� c� >w� � Cu U U o V) -i-j 0 0- Q— O O O Q) U .C— z0 (-j i > N O 0-0 N U 0 4-� O M 0 m 1.5 .� O N N e — Q _ — O O O 4-1 b.0 m 411 A LO O OD Q C Q. O O M r� (� C%) O N O U O E 00 O O � bu0 ca C � L -i-1 O +-j 0 E O • --1 �- 2 0 E O O 4E >1 U m a j L -� N cn Z� p C C O — a) a) X N U tL0 C� N 0 > to (1) cn O O O r) � O (f) > U N C� Lr) O = A LO O OD Q C Q. O O M r� 0 O E N N CU E O O � � O o O cn o � � o O I a� L L O X W C N E O_ O N CU N O L CD L C� U 0 a� E E 0 L O L x O � So O O E Cll N N E O O O O U-0 U) U .Q .� O O C: U) M® W L O �L x W C N E a- 0 N N D N O (Ln V L U N N E Q. E O L O �L X O y s'. N O (U N O O O O N N (0 .Q O N L w W L 0 I SD- N O E U) N .Z3 N N E O O 2 O N (0 O 0 N N i I- m I- N O N 63 O O N N O O O N C� .Q N O N L _ W L O .L -F� ,5 4 O N N N O C O i O N (t5 O CU L m N L O �L L E5 O O E U) N N N E O N O O N N co U) C- 0 0 N L U) �M W L O 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�