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12/17/2013 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING DECEMBER 17, 2013 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS `I A. OATH OF OFFICE - New Volunteer Fire Fighters IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) G A. APPROVE MINUTES 3 B. PERSONNEL ITEMS t 19 C. APPROVE Check Registers IUD. APPROVE the 2013 -2014 Airport Relations Commission Work Plan 101 E. AUTHORIZE application of a second -year grant from Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open streets) community event caX F. AUTHORIZE application of a grant from the Metropolitan Regional Arts Council for a Community Arts Grant a1 G. APPROVE the 2015 -16 Fee Schedule for the Eagan Community Center -,2a_H. APPROVE Amendment to Consulting Engineering Fee Schedule (2014) JS I. APPROVE MS4 Permit Application to MN Pollution Control Agency QCP J. APPROVE Change Order No. 1, City Contract No. 13 -01 (Cedar Grove Blvd Street & Utility Improvements) coq K. APPROVE Final Payment, City Contract No. 13-24, Easter by the Lake - Thomas Lake Protection Project c�3 L. EXTENSION - Spectrum Business Park Conditional Use Permits and Variances 31 M. AUTHORIZE Submittal of FY 2014 Community Development Block Grant Application to the Dakota County CDA N. AUTHORIZE Submittal of 2014 Redevelopment Incentive Grant Application to the Dakota County CDA O. APPROVE Temporary On -Sale Liquor License and waive the license fee for Trinity School at River Ridge on January 25, 2014 W� P. APPROVE On -Sale Liquor and Sunday Liquor License for Cupcake, Inc. DBA 11 II�� Cupcake /The Mason Jar, 1565 Cliff Road Q. APPROVE Final Plat - Cedar Grove 3r0 Addition and acknowledge modification of unit count for The Flats at Cedar Grove V. PUBLIC HEARINGS '46 A. 2014 FEE SCHEDULE AB. VARIANCE - Brandon Smith - A Variance of approximately 17' to the required 50' structure setback from state highway right -of -way for a garage addition located at 586 Todd Ave VARIANCE - Paradise Car Wash - A Variance to allow a detached trash enclosure located at 1355 Town Centre Drive VI. OLD BUSINESS A. 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 B. ORDINANCE AMENDMENT - Ordinance Amendment to City Code Chapter 5.52 regarding the number of available on -sale liquor licenses VII. NEW BUSINESS M IX. F'" F-0 10101 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE 1�0 A. APPROVE the City of Eagan's 2014 Legislative Priorities ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER 1'6 B. ADOPT AGENDA Q�C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Agreement with Dakota County CDA regarding Continuation of the Open to Business Program through 2014 3. APPROVE Settlement Agreement with Slater/Winkler for Cedar Grove Remnant Parcel, Amendment of Stonebridge /Flats Purchase Agreement and Authorize Payment D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS xb,,5 G. ADJOURN ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development VISITORS TO BE HEARD (for those persons not on the agenda) CLOSED SESSION ADJOURNMENT ca 'Too City of Evan bemo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: DECEMBER 13, 2013 SUBJECT: AGENDA INFORMATION FOR DECEMBER 17, 2013 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 17, 2013 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 17, 2013 Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. OATH OF OFFICE — NEW VOLUNTEER FIRE FIGHTERS ACTION TO BE CONSIDERED: None FACTS: • Tonight we will be administering the oath of office to our apprentice class that started in 2012 and our most recent class that just started in September of 2013, a total of 13 new firefighters. • As we welcome these new firefighters, we are reminded that Eagan currently looses a total of 15 volunteer firefighters each year through resignations and retirements. • We have had 130 Volunteers leave the department since 2003. • The Class of 2012 started with seven candidates in September of 2012. Today we have a total of four of the seven that are still with the department and have completed their initial Firefighter and rescue training and have been released to respond to all fire and rescue calls. • The Class of 2013 started in September of this year with a class of 10 and is currently at a class of 9. o They have just completed their First Responder Training for medical calls and now will start their Firefighter I classes after the first of the year. • Each firefighter will complete a 12 week in -house First Responder training course which prepares them for EMS /Rescue calls, a 15 week in -house Firefighter I program and will have passed their State Certification process in each area. • Our In -house training is conducted mostly at the Fire Safety Center and the ABLE live burn facility in Burnsville. • In addition to Eagan students, we also regularly have recruits from Mendota Heights, Rosemount, Inver Grove Heights and Hastings in our classes. • Upon completion of their initial recruit training they are required to attend weekly fire training and average approximately 10 hours per week in the performance of Fire Department related functions. • Listed below are the Fire Fighters to be sworn in: o Station One 1. Princewell Agbara 2. Cynthia Enfield 3. Douglas Lattery 4. Maggie McConnell 5. Francisco Salazar o Station Two 1. Tony D'Agostino -Doren 2. Maxwell Hiracheta 3. Steve Turbeville 4. Paul Peel o Station Three 1. Ben Fugere 2. Luke Jarrett o Station Four 1. Matthew Specht o Station Five 1. Awbre Henry ATTACHMENTS: None Oil Agenda Information Memo December 17, 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 December 3, 2013 Regular City Council meeting as presented or modified. ATTACHMENTS: • Minutes of December 3, 2013, City Council meeting are enclosed on pages I through 0 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 3, 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, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, December 3, 2013 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Communications Garrison, Director of Finance Pepper, Assistant Finance Director Feldman, Director of Parks and Recreation Johnson, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted two changes to the Agenda. In yesterday's Administrative Agenda it was noted for a closed session to discuss labor negotiations, which will not be needed. An addition was proposed under Recognitions and Presentations, to receive an update from Communications Director Garrison on the recent cable needs assessment focus groups. Osberg noted one last call to the community for the opportunity to provide feedback by completing the cable survey on the City's website by December 19tH Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS Director of Communications Garrison provided an update on the cable franchise renewal process and noted the opportunity for the community to take the Community Media Online Survey by December 19t ". CONSENT AGENDA Mayor Maguire pulled items W and Y for further discussion. Councilmember Tilley moved, Councilmember Fields seconded a motion to adopt the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of November 19, 2013 regular City Council meeting. B. Personnel Items 1. It was recommended to approve the hiring of Melissa Timm Office Support Specialist in Administrative Services. 1. It was recommended to approve the hiring of a full -time Temporary Street Maintenance Worker. C. It was recommended to approve check registers dated November 15, 2013. 11 City Council Meeting Minutes December 3, 2013 2 page D. It was recommended to approve the 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. It was recommended to approve the 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. It was recommended to approve the 2014 Eagan Convention and Visitors Bureau (ECVB) Budget. G. It was recommended to approve a Resolution Renewing existing alcohol licenses for 2014. H. It was recommended to approve a Resolution directing the City Clerk to issue 2014 alcohol license renewals upon licensees' submission of renewal documents and fees. I. It was recommended to approve a change of manager for Granite City Food & Brewery's On- Sale Liquor License. J. It was recommended to approve a change of manager for Axel's Bonfire's On -Sale Liquor License. K. It was recommended to approve a change of ownership for Davanni's On -Sale Beer License. L. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 6 relative to coal tar sealants. M. It was recommended to approve the Final Subdivision — Eagan Pointe Senior Living. N. It was recommended to approve an extension of recording Final Subdivision for Dakota Path. 0. It was recommended to present a Feasibility Report for City Project 1140, Stonebridge Ponds and Schedule Public Hearing (January 7, 2014). P. It was recommended to present a Feasibility Report for City Project 1139, Oakwood Heights 2nd Addition and Schedule Public Hearing (January 7, 2014). Q. It was recommended to present a Feasibility Report for City Project 1137, Alden Pond and Schedule Public Hearing (January 7, 2014). R. It was recommended to approve City Contract 13 -25, CLIMB Theatre, Blackhawk Lake Protection Project. S. It was recommended to approve the Final Payment, City Contract No. 13 -07, 2013 Citywide Trail Improvements. T. It was recommended to approve the Final Payment, City Contract No. 13 -06, 2013 Citywide Parking Lot Improvements. U. It was recommended to approve an Amendment to Connection Charge Agreement & Assessment Deferral Agreement, Lot 1, Block 1 Prowire Addition. V. It was recommended to approve the Inflow & Infiltration (I &I) Program Surcharge Appeals. W. It was recommended to approve the Plan of Dissolution and Distribution of Assets of the Gun Club take Watershed Management Organization. X. It was recommended to approve a Resolution accepting a $1,866.00 donation from an Eagan Business. Y. It was recommended to 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. Z. It was recommended to approve the Change Order No. 2, City Contract No. 13 -12, Cedar Grove Parkway Trail & Lighting Improvements. AA. It was recommended to 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. I City Council Meeting Minutes December 3, 2013 3 page PUBLIC HEARINGS PROPOSED 2014 BUDGET AND PROPERTY TAX LEVY City Administrator Osberg gave a summary of the overall budget process. Osberg noted a virtual budget open house 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. Director of Finance Pepper gave a staff report. Pepper pointed out the sales tax exemption is new for 2014. Mayor Maguire opened the public hearing. Ronald Erickson, 3656 Woodland Trail, addressed the Council with his questions about the budget and levy. Mayor Maguire asked staff to respond to the questions. Director of Finance Pepper responded to the questions. There being no further public comment, Mayor Maguire turned discussion back to the Council. The Council discussed the 2014 budget, property tax levy and the new sales tax exemption. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the General Fund budget of $29,922,800 and approve a resolution adopting the final 2014 general levy of $29,086,355. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT— CITY OF EAGAN City Administrator Osberg introduced the item noting the City Council recently directed staff to work with the City Attorney regarding an ordinance amendment to accommodate brew pub /tap rooms. The City currently does not allow retail sales (off sales) in Industrial zones. Osberg noted 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. City Planner Ridley gave a staff report. Mayor Maguire asked if anyone in the audience would like to comment on the amendment. There being no public comment, he turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to 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. Aye: 5 Nay:0 NEW BUSINESS CONDITIONAL USE PERMIT — MEADOW VIEW INDUSTRIAL City Administrator Osberg introduced the item noting the application is for a Conditional Use Permit to allow outside storage of a maximum of 25 over - the -road trailers, trucks and vans and to 1` City Council Meeting Minutes December 3, 2013 4 page allow outside storage of 2 recycling compactors for property at 1675 Meadowview Road, the subject property is currently zoned 1 -1 (limited Industrial). City Planner Ridley gave a staff report. The applicant, Gregg Miller, was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the conditional use permit. There being no public comment, he turned discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve 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 following conditions: Aye: 5 Nay: 0 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. 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. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Conditional Use Permit to allow outside storage of 2 recycling compactors for property at 1675 Meadowview Road, subject to the following conditions: Aye: 5 Nay: 0 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. COMPREHENSIVE GUIDE PLAN AMENDMENT — GREGORY PREUSSE City Administrator Osberg noted the Council is being asked to give consideration to authorization and submit an application to the Metropolitan Council for a Comprehensive Guide Plan Amendment at 4135 Old Sibley Highway and provided a brief history of the request. City Planner Ridley gave a staff report noting City staff received one letter of objection to the proposed amendment. The applicant, Gregory Preusse was not available for questions. K City Council Meeting Minutes December 3, 2013 5 page Mayor Maguire asked if anyone in the audience would like to comment on the comprehensive guide plan amendment. There being no public comment, he turned discussion back to the Council. The Council discussed the request, noting without Mr. Preusse present to answer questions, the Council was not ready to make a decision regarding the application. The Council suggested staff contact Mr. Preusse to attend the next meeting. Councilmember Tilley noted the letter of objection and her concern about lightening strikes in the area. After further decision, it was decided to continue the item. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the item to the December 17, 2013 City Council meeting. CONSIDER COMCAST'S REQUEST TO IMPOSE LATE FEE ON EAGAN CABLE SUBSCRIBERS City Administrator Osberg introduced the item noting on November 12, 2013, the City received a request from Comcast 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. Osberg noted Comcast desires to raise the fee for late payments from the current $8 to $9.50. Comcast last raised its late fee in 2010. Communications Director Garrison gave a staff report. The City's cable franchise attorney, Brian Grogan, of Moss & Barnett was available to answer questions. Emmett Coleman, Vice President of Government Affairs for Comcast Twin Cities region, gave a summary of the request and was available for questions. The Council discussed the request. Mayor Maguire asked if anyone in the audience would like to comment on Comcast's proposed late fee on cable subscribers. There being no public comment, he turned discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion that due to the expense and City staff time associated with the City undertaking a comprehensive review of Comcast's request to increase its cable service late fees, the City hereby allow Comcast to adjust its late fee as proposed without the City approving or denying said request. Nothing in this motion shall waive the City's future right of approval of subsequent late fee increases. Aye: 5 Nay: 0 The Council took a 10 minute break. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. City Council Meeting Minutes December 3, 2013 6 page VISITORS TO BE HEARD Mike DeRosier, 4125 Prairie Ridge Road, addressed the Council with his concerns about MNSPECT performing contact roofing inspections for the City. The Council directed staff to provide additional information regarding changes in roof inspection procedures with an explanation regarding how the new procedures continue to provide service to the public and how the Building Inspections Division is made aware that inspections performed by MNSPECT achieve expected results. ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 8:51 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk C- Agenda Information Memo December 17, 2013 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Accept the resignation of Officer Michael Anderson and authorize hiring his replacement. FACTS: • Officer Anderson submitted his resignation effective December 31, 2013. • He will be retiring after 24 years of service to the City of Eagan. Item 2. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation and Utilities: Name Division Job Title Patrick Baldwin Utilities GIS Temp Laurie Watson Parks & Rec Art Instructor Item 3. ACTION TO BE CONSIDERED: To ratify the labor agreement reached between the City of Eagan and Eagan Police Officer Association, Local 170 of Law Enforcement Labor Services, Inc. FACTS: • The agreement is for the duration of January 1, 2014 through December 31, 2015. • The agreement is consistent with 2014 settlements previously reached with the Eagan Sergeant Association, Local 185 of Law Enforcement Labor Services, Inc., Teamsters Local 320, Maintenance Unit, Teamsters Local 320, Clerical Unit • The voting members of the labor union voted in favor to approve the agreement. The full contract is available in the City Administrator's Office to be signed by the Mayor, City Administrator and City Clerk. Agenda Information Memo December 17, 2013 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 29 and December 6, 2013 as presented. ATTACHMENTS: • Check register dated November 29, 2013 are enclosed without page number • Check register dated December 6, 2013 are enclosed without page number � RJ Agenda Information Memo December 17, 2013 City Council Meeting D. APPROVE THE 2013 -2014 AIRPORT RELATIONS COMMISSION WORK PLAN ACTION TO BE CONSIDERED: To approve the 2013 -2014 Airport Relations Commission Work Plan. FACTS: • The City Council and Eagan Airport Relations Commission (ARC) met in a joint meeting at the December 10, 2013 Special City Council Meeting. • At the workshop, the Council dialogued about the efforts proposed by the ARC for the coming year, and directed the 2013 -2014 Work Plan to a future City Council meeting for formal consideration. ATTACHMENTS: Enclosed on pages 19 and j&_ is the proposed 2013 -2014 ARC Work Program. �(P 40� City of Eagan 2013 -2014 Eagan Airport Relations Commission (ARC) Work Plan Work Plan Topic Presenters /Invited Schedule (tentative) Guests Goals and Streets Alive Finalization Tuesday, September 10, • Make plans for Streets Alive booth 2013 ARC mtg • Receive update on RNAV • Finalize proposed ARC Goals and Work Plan for December 2013 joint meeting with the City Council Streets Alive (formerly Showcase Eagan) Sunday, September 15, • ARC to have booth at Streets Alive, including maps of 2013; 1 -4 p.m. RNAV tracks (if available), noise mitigation, etc. Main Topic: The Economic Impact of MSP and an Vicki Stute, DCR Tuesday, November 12, Introduction/Summary of efforts by the Noise Oversight Chamber Director 2013 ARC mtg Committee (NOC) • Dana Nelson to provide an update on the 2013 NOC work Brent Cory, ECVB plan/accomplishments Director • Ask the CVB and DCR Chamber to highlight the local economic impact of MSP airport, including the impact on Dana Nelson, MAC the business community and hospitality industry. Noise Office Joint meeting with the Eagan City Council December 10, 2013 • Review proposed 2013 -2014 work plan Council Wksp • Discussion/Update on current airport issues Tour of FAA Air Route Traffic Control Center in Farmington Tuesday, January 14, • Finalize plans for March open house 2014 ARC Mtg Town Hall Meeting at ECC re: Performance Based Navigation Elaine Buckner, MSP Tuesday, March 11, (PBN) Flight Tracks (FAA lead; City as host) FAA Air Traffic 2014 • Communicate impacts of PBN (if partial Control Tower implementation is approved in 2013) Manager • Focus the meeting on the impacts to Eagan residents • FAA rep to explain purpose and need for PBN • Open house to be community -wide if PBN focus; if PBN is not approved, then open house could be neighborhood - specific as in years past State of the Airport Address Jeff Hamiel, MAC Tuesday, May 13, 2014 • Review fleet mix, operation counts /trends, and get Executive Director ARC mtg update on 2020 Plan capital improvements • Review 2013 Actual Noise Contour Report Tammy Mencel, MAC Commissioner I 2013 -2014 Airport Relations Commission Work Plan Page 2 Regular ARC meeting and 2013 -2014 Goals /Work Plan Workshop Tuesday, July 8, 2014 ARC mtg Ongoing ARC Efforts Review at monthly ARC • Monthly review of MAC technical reports, including meetings in 2013 -2014 Corridor compliance, fleet mix, and runway usage • Receive feedback from the public on airport issues • Review and provide feedback on NOC initiatives and studies • Ongoing communication efforts about airport issues via Experience Eagan, City website, Facebook and cable TV • Participation in MAC aviation disaster drills Agenda Memo December 17, 2013 City Council Meeting E. AUTHORIZE application of a second -year grant from Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open Streets) community event. ACTION TO BE CONSIDERED: Authorize the submission of a second year grant application to Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open Streets) community event. FACTS: • The City of Eagan received Blue Cross & Blue Shield of Minnesota Streets Alive funding in 2013 and is applying for additional funds for 2014 event. • Blue Cross & Blue Shield of Minnesota is malting grant dollars available for a Streets Alive (Open Streets) event. • The event would engage the community in activities and events that support an active and healthy lifestyle. • The Streets Alive concept event is in line with the City's goals of promoting active living and environmental friendly practices. • The City of Eagan will be applying for $8,500 in sponsorship grant funds that will be used to support the continuation of a second year of Streets Alive that would occur in 2014. • The grant submission deadline was November 27, 2013. Awardees will be notified by January 2014. ISSUES: • None Iq Agenda Memo December 17, 2013 City Council Meeting F. AUTHORIZE application of a grant from the Metropolitan Regional Arts Council for a Community Arts Grant. ACTION TO BE CONSIDERED: Authorize the submission of a grant application from the Metropolitan Regional Arts Council for a Community Arts Grant. FACTS: • Metropolitan Regional Arts Council has grants for up to $5,000 available for Community Arts projects. Grants are awarded with a dollar to dollar match, with 25% in cash. • Parks & Recreation will submit a grant for $5,000 for arts programming in 2014 to include: • This grant will offer opportunities for arts participation for community members as well as for local artists. Activities will include, but not be limited to: • Guest artist series to give participants learning opportunities in new art forms access to new teaching artists • Harvest of Art event. Activities to include public Raku firing, Harvest of Art exhibit, hands on art activities, and entertainment. • Workshops and gathering opportunities for working artists living in our community. • The grant submission deadline is January 13, 2014. ISSUES: • None ao Agenda Memo December 17, 2013 City Council Meeting G. APPROVE the 2015/2016 Fee Schedule for the Eagan Community Center. ACTION TO BE CONSIDERED: To approve the 2015/20116 fee schedule for the Eagan Community Center as presented. FACTS: • The City Council generally reviews proposed fee schedule as part of their annual budget review. • The last change in rental fees occurred in 2008 for the 2010/2011 season. Subsequent updates occurred in 2012 to provide for peak/non -peals pricing that would allow more affordable rates for spaces when portions of the building are less busy. • Because reservations can be made 18 to 24 months in advance the number of requests for 2015 reservations is increasing resulting in the need to have a fee structure in place. • Prices are reviewed and compared each year to ensure that the community center is keeping pace with comparable facilities. • The proposed fees suggest no changes to the rental rates for the Oaks for 2015/16. • The fee schedule presented is designed to capture the banquet and meeting space market while providing moderately priced rental space options for residents. • Staff recommends that the rental rates be held for two years so that a systematic review and recommendation for rate changes occurs every even year. Should the pricing market change during 2015 or 2016 the Council always reserves the right to change during that time period ATTACHMENTS: • None Oq I City ofEap 2015 -16 Fee Schedule COMMUNITY CENTER FEES Note: Deposit required for all rental Prime Non -Prime Acct Code (Apr -Nov) (Dec -Mar) The Oaks (350 capacity) Sunday - Thursday 6802.2855.x 6802.4324/4325 8 am -11 pm 850.00 850.00 " 8 am - Noon and 1 - 5 pm 340.00 340.00 " 6 - 11 pm 425.00 425.00 " Friday Full Day 1,190.00 850.00 " Saturday Full Day 1,545.00 1,190.00 " North, South or Central Oaks (110 capacity per room) Sunday - Thursday 8 am -11 pm 450.00 8 am - Noon and 1 - 5 pm 160.00 6 -11 pm 190.00 North, South or Central Oaks (2 Oaks combined) Sunday - Thursday 8 am -11 pm 725.00 8 am - Noon and 1 - 5 pm 290.00 6 -11 pm 350.00 Resident North, Central or South Meeting Rooms (20 cap. /each room) Sunday - Saturday (2 -hour minimum) 17.00 /hr Reduced (w/ 8 -hr banquet rental) 14.00 /hr Daily max 150.00 North /Central /South Meeting Rooms combined Saturday - Sunday (2 -hour minimum) 40.00 /hr Reduced (w/ 8 -hour banquet rental) 32.00 /hr Maximum per day 240.00 Max per day - Reduced (with 8 hour banquet rental) 200.00 The Board Room (35 capacity) Sunday - Saturday (2 -hour mimimum) 23.00 /hr Reduced (w /8 hr banquet rental) 19.00 /hr Max per day - Reduced (with 8 hour banquet rental) 225.00 The Lone Oak Room /Oasis /Performance Studio per hour Full Lone Oak Room /Oasis /Perf. Studio (2 -hr min) Reduced Full Room (with 8 hour banquet rental) Daily Max Full Room Half Lone Oak Room (2 -hour minimum) Reduced Half Lone Oak Room (w /8 hr banquet rental) Daily Max Half Lone Oak Room 52.00 /hr 37.00 /hr 450.00 32.00 /hr 22.00 250.00 450.00 160.00 190.00 725.00 " 290.00 " 350.00 Non -Res./ For Profit 19.00 /hr 14.00 /hr 150.00 44.00 /hr 32.00 /hr 265.00 200.00 27.00 /hr 19.00 /hr 225.00 56.00 /hr 37.00 /hr 450.00 35.00 /hr 22.00 250.00 Kid's Kare 20.00 /hr 22.00 /hr OV-A_ 6812.4324/4325 6813.4324/4325 41� City ofEapu 2015 -16 Fee Schedule COMMUNITY CENTER FEES (cont'd) Open Gym Fees Adult Open - Resident 3.00 6810.4318/4319 Adult Open - Non - resident 3.00 " Youth Open 3.00 " Preschool Open (includes limited Blast use) 3.00 " Blast Fees Daily admission 5.00 6804.4318/4319 After 5 pm 2.50 " 10 -Visit punch card (residents only) 40.00 " Private Rental - Resident 100.00 " Private Rental - Non - resident 100.00 6804.4326/4327 Private Rental (with 8 -hr banquet room rental) 100.00 " Birthday Party Fees Friday- Sunday 125.00 up to 15 guests 6805.4310/4311 Monday- Thursday 100.00 up to 15 guests " Each additional child 8.00 " Color copies (8.5x11) 1.00 per page 0-\ V) Prime Non -Prime (Sept -Mar) (Apr -Aug North, Central, or South Gym: Parks & Recreation Full Court 27.00 /hr 20.00 /hr 6810.4326/4327 Parks & Recreation Half Court 13.50/hr 10.00 /hr " Athletic Association Full Court 34.00 /hr 25.00 /hr " Athletic Association Half Court 17.00 /hr 12.00 /hr " Private - full court 60.00 /hr 45.00 /hr " Reduced Full Court (with 8 hour banquet rental) 50.00 /hr 45.00 /hr " Daily Max Full Court 400.00 300.00 " Private - half court 35.00 /hr 23.00 /hr " Reduced Half Court (with 8 hour banquet rental) 30.00 /hr 23.00 /hr " Daily Max Half Court 250.00 150.00 " Resident Non -Res./ For Profit Gazebo 65.00 /hr 75.00 /hr 6844.4326/4327 Reduced (w/ 8 -hour banquet rental) 55.00 /hr 55.00 /hr It Daily Max 475.00 475.00 It Fitness Membership Fee Member enrollment fee - 1St family member (admin) 25.00 6807.4321 Member enrollment fee - each addl faro mbr (admin) 25.00 " Monthly fee - Resident/Corporate - 1St family member 35.00 " Monthly fee - Resident/Corporate - each additional 30.00 " Monthly fee - Non- resident - 18t family member 40.00 " Monthly fee - Non - resident - each additional 40.00 " Daily admission to fitness center 10.00 6807.4310 Report Processing Fee Fitness Attendance Activity report 30.00 6807.4304 Open Gym Fees Adult Open - Resident 3.00 6810.4318/4319 Adult Open - Non - resident 3.00 " Youth Open 3.00 " Preschool Open (includes limited Blast use) 3.00 " Blast Fees Daily admission 5.00 6804.4318/4319 After 5 pm 2.50 " 10 -Visit punch card (residents only) 40.00 " Private Rental - Resident 100.00 " Private Rental - Non - resident 100.00 6804.4326/4327 Private Rental (with 8 -hr banquet room rental) 100.00 " Birthday Party Fees Friday- Sunday 125.00 up to 15 guests 6805.4310/4311 Monday- Thursday 100.00 up to 15 guests " Each additional child 8.00 " Color copies (8.5x11) 1.00 per page 0-\ V) Agenda Information Memo December 17, 2013 Eagan City Council Meeting H. 2014 CONSULTING ENGINEERING RATES ACTION TO BE CONSIDERED: Approve an amendment to the Fee Schedule Appendix for the current Consulting Engineering Contracts for services to be provided in 2014. FACTS: • Each year the consulting engineering companies selected to provide services to the City of Eagan submit their proposed fee schedules for the upcoming year. According to the terms of the contracts, these proposed amendments to the original contracts must be approved by the City Council before implementation. The attached spreadsheets indicate the fees the consultants have requested for the Council's approval. • Two pool consulting firms, Bolton & Menk and WSB have elected to raise their 2014 rates, generally to match inflation rates and local industry standard rates. Stantec has proposed to maintain their 2014 rates at 2013 levels. • Engineering staff has reviewed the proposed 2014 rates and found them to be in order for favorable Council action. ATTACHMENTS: • Consulting Engineering Fees, page • Fee Increase Comparison, page Jq. 2 z 0 Q IL 2 U d' O N a Q W LL 0 V 0 LL a) _ N U (0 U) w U) w U w U Mu ►i i J3 a m a� c m 'c c o ° 0 c c p c 0 (D o o• a� c a> tp � (u Q. N° a D) ~ A crn a�� ao Q. U 20 'n Nw ¢ 12 wf- a Q H U � d o °O °0 °O °O °o °0 00 °0 00 °o °O o o u) o M ui N o N 0 o O ui ui o ° (0 V) M iu (V > Q. 0) M (0 U to � 69 V) (F? 6c9 fR 69 el � u! c 'O O O O O O O O O O O O O O O O O O O O C5 O 3 0 a a M rn 0 C) ° O O O O O O O O O O aa) O O LO N O N O O O L6 L6 O O O. M U N >� Q - O M (0 Ef) fn 6 U) V) V) 64 69 to O O O O O O O O O O a a '0 a 0 0 V O O O O (O 0 O 'cY 0 W � O O O a a a a O O O m I� V 00 M 00 M O N N O 0 N �- m uj (6 M to r LO ~ t r 7 = > > u) O _ N a M m (0 O C c C c `"" N V _.._ W c m o o o � o 0 0 0 0 0 0 0 0 = T a c c u) 00 00 N d' � N 'd' M 00 (O (O O O O o Q = M M M M N Cl) (N (V O 0) O d' O O -d •p. 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W M 00 N N N O 00 Q V> E9 69 d) ER vi to V> V) co `f j d O ° CD `o C, (on °0 00 LO CO a a a v w 0 P P m u) 00 N a (A fA N 1 0 (� V3 L 0V)- C C C C Y I co to z 06 o 0 0 0 0 o o o 0 c a a z' c M N O M O M M u) 'd' M = _ 0 (O O) O ui O ui Cl) (n (n (O C C 0 m m 0 O 0 0 ° 0 0 Lq 0 N N N N M Oi O (n (n LL fh (n L(i (L 1O N O a a a a N > Q N O> N N m O !- u) 00 U U U U ER FR fA V3, U) V) 69 61 (fl C C C C NN N CA 0 � C � a n o m > a°i Q. fA o y i N ti C z o � a a� a s � N U U Q U CL U) in a) > _ v ro L U °� = 0 0 = a� ¢ N s ¢ N m v 3 3 a� °_ a a Z c U U n a c 0 c � UO n_ 4) ¢' c m �' a U c N CA T = W C 0 3 U ° r N 0) o (� v a� '- o T a� T (D Q C I--' a c uuri ° p ¢ 0) Q 0) c 0 min m a .� = T Z7 Z� W W g . w w ¢ c c :S rn c .o 2 Z T C o` N 3 3 0 c - rn a c w ai w a� 5 `� aoi U= U U a� E o d a To 2 rn a� ¢ w w C9 D ii (� F a (n o o m U U s O 'V 'V C 0 O O C N (D C L7 o to o N a O (n •c c a� .o .°.� 'o .E �E ,O e m Z 'o a a a (n W `o o av a) a c a� c m a� (D m (D c = 0 o o O U d a� to a (n a` w (n o (n (n c9 (n w cn a` a r N 0 r c9 (7 0 0 W LL a) _ N U (0 U) w U) w U w U Mu ►i i J3 2014 COMPARISON OF RATES OF CONSULTING ENGINEERING FIRMS FOR THE CITY OF EAGAN GENERAL MUNICIPAL ENGINEERING SERVICES BOLTON & STANTECf /k/a WSB CITY CITY POSITION CLASSIFICATION MENK INC Bonestroo CLASSIFICATION Senior Principal / Principal $140-$198 $122-$150 $147 $150 Department Head Principal Engineer / Sr Associate / Senior Proj Manager $118-$166 $119-$138 $138 $130 City Engineer $128 Specialist/ Associate / Senior Proj Manager $106-$176 $138 $147 Project Manager/ Dept Manager/ Design Review Engineer $100-$150 $115-$135 $113 $119 $120 Assistant $128 City Engineer $86 $93 Engineering Specialist / ROW Spec / Senior Agent $70-$130 $110-$136 $98 $110 Transportation $104 Engineer $113 $122 $63 $70 Landscape Architect / Hydrologist / Planner $64-$144 $99-$121 $78 $83 $93 $98 $96 $104 Project Engineer /Architect $60-$135 $83-$119 $113 $119 $128 $104 $112 Senior GIS Designer / Water Resource /Senior Designer $84-$104 $118 $127 $136 $76 Graduate Engineer/ Architect $82 $87 $92 $85 $90 Senior Field Supervisor / Construction Observer $88-$119 $95 $95 Project Coordinator $100 $106 $50 $57 Engineering Technician / Scientist / CADD /Survey /Graphics $70-$130 $67-$98 $64 $85 Engineering Technician $77 $82 Project Technician $64-$98 $47-$67 $40 Word Proc/ Admin Tech/ Clerical $35 - $84 $62 $60 Clerical Technician $81 Licensed Surveyor $76-$140 Project Surveyor $60-$110 $127-$167 $125 3- Person Survey Crew $175 $160 2- Person Survey Crew $155 $135 GPS Survey Equipment No Charge $38 Total Station Equipment No Charge $28 GIS Workstation Equipment No Charge $22 GPS Submeter Unit (per half day) $22 Coring Crew - One Person Crew $80 $155 Coring Crew - Two - Person Crew $230 Mileage No Charge Included Above May be charged separately IRS Rate Reproduction, Printing, Duplicating, No Charge Included Included Actual Costs Stakes, Field Supplies, Telephone calls Etc. aq- Rev. 12 -11 -13 Agenda Information Memo December 17, 2013 Eagan City Council Meeting I. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) GENERAL PERMIT ACTION TO BE CONSIDERED: Approve the application for City of Eagan coverage by the Municipal Separate Storm Sewer System General Permit and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is among a large group of municipalities that are federally required to obtain a Municipal Separate Storm Sewer System (MS4) permit to manage stormwater within their jurisdictions. This requirement is part of the National Pollutant Discharge Elimination System (NPDES) program of the U.S. Environmental Protection Agency (EPA). • The MPCA, the EPA - delegated authority for the program within the State of Minnesota, issues a MS4 general permit for which cities must apply to be covered. A city's Stormwater Pollution Prevention Program (SWPPP) is a major element of such permit applications. • On March 4, 2003, the City Council authorized an application for MPCA's then -first MS4 permit for cities of Eagan's approximate size. However, the City had to reapply in 2006 because the MS4 permit requirements were modified June 1, 2006, as a result of a May, 2003, Minnesota Court of Appeals decision. The City is currently covered by this permit. • The MPCA Citizens Board approved reissuance of the MS4 General Permit on May 21, 2013. The reissued permit became effective August 1, 2013, and extends to July 31, 2018. The City is required to apply for coverage under this permit by December 30, 2013. A 30- day public comment period on the permit application begins after MPCA determines the application to be complete. • After the public comment period expires, the MPCA will extend coverage, and the City has up to 12 months to comply with terms of the permit. • The application has been completed and reviewed by the Public Works Department and found to be in order for favorable Council action. a6 Agenda Information Memo December 17, 2013 Eagan City Council Meeting J. CONTRACT 13 -01, CEDAR GROVE BOULEVARD STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 to City Contract 13 -01 (Cedar Grove Boulevard - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • City Contract 13 -01 provides for street and utility improvements for Cedar Grove Boulevard (now known as Nicols Road) within the Cedar Grove Redevelopment Area in northwest Eagan (City Project No. 1088). • On April 2, 2013, the City Council awarded the base bid for Contract 13 -01 for these improvements to Northwest Asphalt, Inc. • Change Order #1 provides for removal and disposal of hazardous solvent material not originally anticipated to be encountered within the project. The solvent material was properly removed and disposed of by the Contractor in accordance with state regulations. • The change order provides for an additional $41,587.41 (ADD 2.0 %) 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. MR Agenda Information Memo December 17, 2013 Eagan City Council Meeting K. CONTRACT 13 -24, EASTER -BY- THE -LAKE THOMAS LAKE PROTECTION PROJECT ACTION TO BE CONSIDERED: Approve the final payment for Contract 13 -24 (Easter by the Lake Church — Thomas Lake Protection Project) in the amount of $13,801.54 to Mark's Bobcat Service, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • On November 4, 2013, the City Council awarded contract 13 -24 to Mark's Bobcat Service, Inc., to implement a Water Quality Cost -Share Partnership Project at Easter -by- the -Lake Church (4545 Pilot Knob Road). • The purpose of the Cost -Share Project was to retrofit stormwater pond BP -12.1, to increase the pond's effectiveness at phosphorus removal and sediment capture, for the benefit of adjacent Thomas Lake. The project consisted of the addition of an iron - enhanced filter and a sedimentation forebay enhancement. • This contract with Mark's Bobcat Service, Inc. provided services, equipment, personnel, identified project materials, and placement of City - provided project materials, for the implementation of the Pond - Retrofit Project. • 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. C1 Agenda Information Memo December 17, 2013 Eagan City Council Meeting L. EXTENSION OF CONDITIONAL USE PERMIT AND VARIANCE APPROVALS (SPECTRUM BUSINESS PARK) — SPECTRUM BUSINESS GROUP, LLC ACTION TO BE CONSIDERED: To approve a one -year extension of the Conditional Use Permit and Variance approvals for property legally described as Lot 1, Block 1, Spectrum Business Park in the NW '/a of Section 2. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The City Council approved the Conditional Use Permit and Variances on February 4, 2008 to accommodate a 21,000 SF office building with shared parking and reduced parking stalls. ➢ Extensions have been requested each year with the current extension expiring on February 4, 2014. ➢ The applicant, Spectrum Development Group, LLC is requesting an extension due to the current real estate market. ➢ This request would extend the approvals until February 4, 2015, allowing additional time for the applicant to develop the property. ATTACHMENTS: (2) Location Map, page Letter from Spectrum Development Group, page 30 ,mss Location leap M Em n r.. awrux w � a p �U FRO OWN e nt a F :- r -T u �a 4 Eagan Boundary Right -of -way Parcel Area Park Area Building Footprint ®Q erg Y` n+uxK, Q �nv�ln 1000 0 1000 2000 Feet Development/Developer. Spectrum Business Park Application: Conditional Use Permit Case No.: 02- CU- 15 -12 -07 N City Of Eap ,THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are S community Development Department not responsible for errors or omissions. a t z December 03, 2013 Mayor Mike McGuire Paul Bakken, Councilmember Gary Hansen, Councilmember Cyndee Fields, Councilmember Meg Tilley, Councilmember 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Extension of Conditional Use Permit, Variance to Allow 9 x 19 ft parking spaces and the Variance from the required 20 ft setback from Blue Gentian Road and TH 55. Lot 1, Block 1 Spectrum Business Park Class A Office Building Dear Mayor and Councilmembers: Spectrum Development Group, LLC respectfully requests a one year extension to its Conditional Use Permit and the above referenced variances on Lot 1, Block 1 Spectrum Business Park. Spectrum is requesting a one year extension as a result of the unstable real estate market and economy. We do believe that when we are able to develop this property, it will be a welcome addition to the City of Eagan and to the Spectrum Business Park. If you have any questions, please feel free to contact me. Thank you for your consideration. Sincerely, Richard V. orphew President Cc: Planning Department 1000 Blue Gentian Road G Suite 135 0 Ewan, MN 55121 651.675.0500 0 Fax 651.675.2290 La Agenda Information Memo December 17, 2013 Eagan City Council Meeting M. AUTHORIZE SUBMITTAL OF FY 2014 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING APPLICATION ACTION TO BE CONSIDERED: To authorize submittal of the City's FY 2014 Community Development Block Grant (CDBG) Application and adopt a Resolution approving the funding application request. FACTS: ➢ The US Department of Housing and Urban Development (HUD) provides block grant funding for programs that conform to national objectives and eligible activities that meet Community Development Block Grant (CDBG) Program regulations. ➢ The City of Eagan's CDBG allocation is administered through a subrecipient agreement with the Dakota County CDA. The coordination of the program by the CDA permits various cities within the County to focus on a range of specific eligible activities unique to their situations and the CDA is able to balance the activities countywide to ensure that the overall County allocation meets all HUD eligibility requirements. ➢ The CDBG fiscal year begins July 1. The application deadline for local governments has been set at January 15, 2014. ➢ HUD has not provided FYI appropriations at this time so the CDA is requesting cities anticipate a 10% reduction in funding from FYI 3. Eagan's total allocation estimate is $168,289. PROPOSED PROGRAM FUNDING: Housing Rehabilitation: ➢ The CDA administers a County -wide housing rehabilitation program to assist income qualified households in making eligible housing upgrades. Funding for this program comes from two sources — a base amount allocated by the CDA and additional funds designated from CDBG allocations of the individual cities. ➢ The CDA continues to see interest in Eagan rehab loans. The CDA has hired additional staff to process loans and eliminate a long waiting list that developed between 2012 and 2013. As a result, City funds are currently meeting spend down requirements. ➢ City Staff suggests continuing to fund this program for FY 2014 with a majority of its funding allocation to ensure adequate funding through June 2015. Public Service Programs: ➢ The Eagan Parks Department is proposing a similar budget of $35,000 to fund successful Public Service programs which were fiinded with CDBG dollars since 2009. These Agenda Information Memo December 4, 2012 Eagan City Council Meeting Page 2 of 2 programs include: an after school and summer program for 6 -9 graders, a recreational program for homeless youth at Dakota Woodlands homeless shelter, and a senior outreach health and wellness program. Further details of these programs are attached. Weatherization Plus Program: ➢ The Weatherization Plus loan program available to households in Eagan and Rosemount with an annual income of 50 % - 80% AMI to provide assistance with home energy and weatherization projects such as diagnostics, insulation, air sealing, furnace replacement and exhaust venting. A typical loan for this program is $7,500. ➢ Funding for this program in Eagan was established with CDBG funds from FY12 and FY13, and while several loans have been completed or in process, the CDA has indicated enough funding is currently in place to meet the demand through FY 14. However, the CDA did suggest keeping a nominal amount as a placeholder for next year to allow flexibility in programming funds if needed. ➢ The CDA will continue to administer and promote this program on the city's behalf. ➢ A proposed budget for all requested programs is attached along with previous year funding allocations. ATTACHMENTS: 2014 proposed application budget on page 33 Public Service programming memo on pages 39 through 3� Resolution approving FY2014 application on page a c m LLI y-. O 41 A O s a� u d E O V C O FL � O s d N C � d 2 to d V d C U d E co Q O U) > d d � Q r� � _ c LL O 's O C U M U) t }OQU F- t U N O Q N ry N FY 0 U O (1) M U O cB 33 rn O 00 rn O O LO N O O O N d M N M [I- (D 00 N I` A cfl Ln ti O O O d N Gr} r r CO CL p) r- EA EA O 'O W, 63 a' m O 00 00 00 0000 M co O O O O IM: O N M (1 LO O N 00 d U> 61� of 60- cA O s a� u d E O V C O FL � O s d N C � d 2 to d V d C U d E co Q O U) > d d � Q r� � _ c LL O 's O C U M U) t }OQU F- t U N O Q N ry N FY 0 U O (1) M U O cB 33 C) 000 cNO O O LO 00 d O O M O M N M [I- (D 00 N I` A cfl E9 04 U> r- i 61) O s a� u d E O V C O FL � O s d N C � d 2 to d V d C U d E co Q O U) > d d � Q r� � _ c LL O 's O C U M U) t }OQU F- t U N O Q N ry N FY 0 U O (1) M U O cB 33 L O O O LO 1` O O O M 00 M N C7 I-- co LO N I- D Ga (z} EF} Gp/ i E9 O s a� u d E O V C O FL � O s d N C � d 2 to d V d C U d E co Q O U) > d d � Q r� � _ c LL O 's O C U M U) t }OQU F- t U N O Q N ry N FY 0 U O (1) M U O cB 33 City of Eagan - Parks and Recreation 2014/15 Development Block Grant Request The purpose of CDBG funds is to provide a flexible source of annual grant funds for local governments that can be devoted to the activities that best serve their own particular development priorities provided that they 1) benefit low and moderate income persons as outlined by federal standards; 2) prevent or eliminate slums or blight and meet community development needs. With this in mind, the City of Eagan Parks and Recreation is proposing the following public services:. 1. Public Service Project /Activity: After school for 200 youth 6 -9th grade and homeless youth. Description of the proposed afterschool and summer project /activity: CDBG funds will be used to support 150 youth in afterschool and summer programs held at Dakota Hills Middle School located in the City of Eagan. Seventy per cent (70 %) of the student participants will be eligible for the school's free /reduced lunch program based on poverty levels (meeting CDBG Low /Mod Household Income requirements). These programs will be co- developed by the City of Eagan Recreation Supervisor, Independent School District 196s (ISD 196) Dakota Hills Middle School staff and student stakeholders. Coordination will be the sole responsibility of the City of Eagan Recreation Supervisor. Program staffing will be a combination of ISD 196 employees and Eagan Parks and Recreation employees. Specialty instructors will also be included in programs specific to each session focus. The recreation based program will include activities such as sports, games, art, dance, science, video production, homework help, leadership development, etc. targeting youth who are underserved and /or disenfranchised from school and community. The goal of the program is to engage youth in activities that will improve their connection to school and community in a safe learning environment. In addition, the youth will be taught by both adult and teens who will serve as appropriate role models encouraging healthy youth development. Description of the proposed protect /activity homeless youth: CDBG funds will be also be used to support a year round recreation program for 50 children, two (2) years of age through seventeen (17). The year round program will be held at Dakota Woodlands homeless shelter in Eagan, Minnesota. One hundred per cent of the children participating in the program will be current residents of the homeless shelter (meeting CDBG Low /Mod Household Income requirements). 3q The goal of the program is to offer recreational opportunities for children to help develop physical and social skills in a safe environment. Activities of the program will be developed by City of Eagan and Dakota Woodlands staff. Led by City of Eagan staff and specialty instructors, activities will include art, fitness, sport and games and field trips. Evaluation and accountability All program sessions will be evaluated and monitored. Various tracking methods will measure participant attendance, service quality, goal outcomes and project expenditures. In addition, there will be ongoing measures of program and staff practices to align services with participant needs as a basis for gauging program viability. Providing public services for 200 Youth a. $5,500 Staff wages for 40 weeks of afterschool and summer programming b. $5,500 School District contractual salaries for 30 weeks of programming c. $1,500 Independent contractors c. $ 950 Admission Fees for participants d. $ 550 Recreation equipment and supplies d. $4,000 Transportation for participants Total cost of project /activity: $ 18,000 2. Public Service Project /Activity: Senior programs in the City of Eagan Municipal Buildings and off site locations for 1800 participants. Description of the proposed project /activity: The senior population is a presumed benefited population approved by the HUD guidelines for CDBG funds. The continued aging of the baby boomer population has produced an explosion in the number of people ages 55 -69 this decade in Minnesota. Between 2009 and 2035, the populations over 65 will more than double. These projections reflect a significant challenge in meeting the recreational program needs of the rapidly growing "senior" population. The proposed program goal is to help provide opportunities that focus on keeping the senior population active, challenged and independent. In addition, programs will help meet the needs of working seniors, and outreach to seniors living in multi -unit complexes. These service locations will include facilities within the City of Eagan Municipal Buildings and two senior housing complexes in the City of Eagan. Currently the senior housing complexes sites include; O'Leary Manor Senior Housing and Gramercy Park Cooperative. These supportive and enriching programs will include activities that focus on health and wellness such as, yoga, Fit for Life, Tai Chi for Health, Qigong, watercolor painting, nutrition, and academic and personal development classes. 35 Evaluation and accountability All project activities will be evaluated and monitored. Measures will track attendance, service quality, goal outcomes and project expenditures. In addition, there will be ongoing measures of program and staff practices to align services with participant needs as a basis for gauging program viability Providing public service 1800 Seniors a. $ 11,150 Seasonal staff salaries b. $ 5,850 Building rental Total cost of the project /activity $17,000 Total amount of City of Eagan CDBG Public Service Fund Request: $ 35,000 3(0 A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF EAGAN, MN FOR FISCAL YEAR 2014 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING WHEREAS, the City of Eagan is a participating jurisdiction with the Dakota County CDBG Entitlement Program for Fiscal Year 2014 (ending June 30, 2015); and WHEREAS, the Dakota County Community Development Agency (CDA) is a Subgrantee of Dakota County for the administration of the CDBG Program; and WHEREAS, the Dakota County CDA, has requested fiscal year 2014 CDBG applications to be submitted by January 15, 2014, based on an allocation of funds approved in the Community Development Implementation Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan hereby approves the following: 1. The Fiscal Year 2014 CDBG application is approved for submission to the Dakota County CDA. 2. The City Administrator for the City is authorized to execute the application and all agreements and documents related to receiving and using the awarded CDBG funds. 3. The Dakota County CDA is designated as the administrative entity to carry out the CDBG program on behalf o the City, subject to future Subrecipient Agreements that may be required for specific CDBG- funded activities. This resolution was adopted by vote of the on 17th day of December, 2013. Mike Maguire, Mayor Attested this day of Christina M. Scipioni, City Clerk 39 Agenda Information Memo December 17, 2013 Eagan City Council Meeting N. AUTHORIZE SUBMITTAL, OF CDA REDEVELOPMENT INCENTIVE GRANT APPLICATION FOR THE CEDAR GROVE PROJECT ACTION TO BE CONSIDERED: To adopt a resolution authorizing the submittal of a CDA Redevelopment Incentive Grant (RIG) program application for assistance within the Cedar Grove Redevelopment Area. FACTS: ➢ The Dakota County Community Development Agency has allocated another $1 million for its 2014 Redevelopment Incentive Grant (RIG) Program round, which was created to assist cities and development entities in the County in meeting their redevelopment goals and to further the goals of the CDA. Grants may be awarded up to $250,000 per community, but may be less depending upon the number of qualified applications that are received for the program. Grant applications are accepted through January 15th for award and distribution in 2014. ➢ The CDA has worked with the City in a number of respects relative to the Cedar Grove Redevelopment District and has awarded $1.1 million in RIG funding since 2009 to assist with demolition work, trail connections, and parking garage construction for the project area. Grant Request ➢ The intent of this grant application is to assist with costs related to several improvements within the Cedar Grove Redevelopment Area. The specific improvement activities are as follows: • A trail connection from Rahn Road to the Stonebridge development to serve internal pedestrians within the east end development area. • Wayfinding/directional signage at key intersections to direct inbound traffic to parking locations, outbound traffic to major exits and pedestrians to transit stop locations. • Update and enhance entrance monument signs, streetscaping and landscaping. • Site demolition/cleanup of the EDA Triangle property along Cedar Grove Parkway. ➢ The grant request is anticipated to be approximately $100,000. City Staff is currently finalizing costs estimates and drafting the application for its January 15th 2014 deadline. Details of the application will be available upon request. ➢ The CDA requires a 2 to 1 leverage of funds for any awarded amount. Funding commitments for the parking structure and TIF expenditures are assumed to fulfill this requirement. • ➢ Applications must be approved by the respective city council by resolution that includes required provisions including support for CDA's affordable housing mission. ATTACHMENTS: • Resolution on page H 0 99 RESOLUTION AUTHORIZING SUBMITTAL OF 2014 CDA RIG APLICATION CITY OF EAGAN WHEREAS, the City of Eagan has identified a proposed project(s) within the City of Eagan that meets the Dakota County Community Development Agency (CDA) Redevelopment Incentive Grant program's purposes and criteria; and WHEREAS, the City has established a Redevelopment Plan of which the proposed project is a component; and WHEREAS, the City of Eagan has the capability and capacity to ensure the proposed project be completed and administered within the Redevelopment Incentive Grant program guidelines; and WHEREAS, the City of Eagan has the legal authority to apply for financial assistance; and WHEREAS, the City of Eagan is supportive of affordable housing and of the CDA's mission, to improve the lives of Dakota County residents through affordable housing and community development. NOW THEREFORE BE IT RESOLVED that the City of Eagan approves the application for funding from the Dakota County CDA Redevelopment Incentive Grant program. BE IT FURTHER RESOLVED that upon approval of its application by the Dakota County CDA, Mike Maguire (Mayor) and the City Administrator are hereby authorized to execute such agreements as are necessary to receive and use the funding for the proposed project. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Mike Maguire, Mayor and Christina M. Scipioni, City Clerk, City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan City Council in a regular meeting thereof assembled this 17'1' day of December, 2013. Mike Maguire, Mayor Christina M. Scipioni, City Clerk Le Agenda Information Memo December 17, 2013, Eagan City Council Meeting O. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE THE LICENSE FEE FOR TRINITY SCHOOL AT RIVER RIDGE'S WINTER CLASSIC EVENT ON JANUARY 25, 2014. ACTION TO BE CONSIDERED: To approve the temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge's Winter Classic event on January 25, 2014. FACTS: ➢ Trinity School at River Ridge has requested a temporary on -sale liquor license be issued to them for a Winter Classic planned for January 25, 2014. The event will be held inside the school building, located at 601 River Ridge Parkway. The event is a fundraiser for the school. ➢ Trinity School at River Ridge has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for final approval. ATTACHMENTS (1): ➢ Letter enclosed on pages q to 43 . (The complete application is available from the Office of the City Clerk.) LA , TRINITY SCHOOLat River Ridge VERum ® Bavum ® PULCHRU.ivI November 27, 2013 Ms. Christina Scipioni City Clerk, City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Scipioni: Trinity School at River Ridge is applying for a Temporary On -Sale Liquor License for our Trinity School Winter Classic Events, Saturday, January 25, 2014. This document serves to provide the City of Eagan the necessary information about our event so that the City Council will approve our license at the next City Council Meeting. Thank you for working with us to help us secure the license. 1. The Minnesota Department of Public Safety Application and Permit for Temporary On -sale Liquor License was completed and is included with this letter. An additional copy can be provided. 2. I will be faxing The Certificate of Liability Insurance from the Gibson Insurance Company. Our insurance meets or exceeds your requirements. An additional copy can be sent if needed. 3. The Trinity School Winter Classic will be held at Trinity School at River Ridge, 601 River Ridge Parkway, Eagan, Minnesota, 55121. The event will be held indoors within the school premises, and entrance into the Winter Classic will be through our east door, the "Event Entrance." 4. a. We have hired two security personnel for the event who will enforce alcohol beverage sale and consumption laws, crowd control and public safety. b. The beverage servers will require that any person desiring to purchase or be served liquor must show a valid photograph identification which will be checked to insure the person is 21 or older. Then the age of the person is verified, he /she will be issued a wristband which he /she will wear throughout the Winter Classic. No alcohol will be served to a guest who does not have a wristband. 5. No one selling alcohol shall be intoxicated or consume alcoholic beverages during their work shift. qa 6. Trinity school will post signs at the entrance notifying the public that sales to and consumption to alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. 7. The alcoholic beverages will be available for sale or consumption from 5 -11 p.m. on Saturday, January 25, 2014. 8. Trinity School will designate an on -site manager in compliance with the City of Eagan's requirement. Trinity School at River Ridge requests that the City Council of Eagan wave the $150 fee since, as a non- profit school organization. This is a fundraising event. If you have any additional questions, please contact me at the phone number below. Other Trinity School employees involved in the planning of the Winter Classic, include Jean Curtiss and Steve Hendrickson. Sincerely, Jennifer Theis Administrative Assistant Trinity School River Ridge Parkway Eagan, MN 55121 jtheis@,trinityschools.org www.tsrr.org 651- 789 -2890, ext. 222 Fax: 651-789-2891 Cell: 651- 329 -3866 q�) Agenda Information Memo December 17, 2013, Eagan City Council Meeting P. APPROVE ON -SALE LIQUOR AND SUNDAY LIQUOR LICENSE FOR CUPCAKE, INC. DOING BUSINESS AS CUPCAKE /THE MASON JAR, 1565 CLIFF ROAD ACTION TO BE CONSIDERED: To approve an On -Sale Liquor and Sunday Liquor License, effective Monday through Friday 3 p.m. to close and Saturday and Sunday 10 a.m. to close, for Cupcake, Inc., dba Cupcake /The Mason Jar, located at 1565 Cliff Road. FACTS: ➢ Dean VanDeraa and Mark Addicks, officers of Cupcake, Inc., have applied for an On -Sale Liquor and Sunday Liquor License to operate Cupcake /The Mason Jar. Cupcake, Inc. currently holds an On -Sale Beer, Wine and Sunday Wine License for its establishment. ➢ To be eligible for an on -sale liquor license, a restaurant must provide full table service. Cupcake /The Mason Jar provides full table service from 3 p.m. to close Monday through Friday and 10 a.m. to close Saturday and Sunday. The restaurant will be open before 3 p.m. on weekdays and 10 a.m. on weekends, but will not provide full table service. The proposed on -sale liquor license is effective only during the times that full table service is provided. ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the On -Sale Liquor and Sunday Liquor License. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) Consent Agenda Information Memo December 17, 2013, Eagan City Council Meeting Q. FINAL PLAT (CEDAR GROVE PARKWAY 3" ADDITION) — EAGAN EDA ACTION TO BE CONSIDERED: To approve a Final Plat (Cedar Grove Parkway 3rd Addition), to create one lot upon approximately 4.98 acres located at the southwest corner of Hwy. 13 and Cedar Grove Parkway. Acknowledge modification of unit count from 190 to 192 units for Final Planned Development, REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The site is 4.98 acres in size and consists of multiple parcels located at the east end of the core area of Cedar Grove Redevelopment District, southwest of the Hwy. 13 and Cedar Grove Parkway intersection. ➢ The Flats at Cedar Grove, LLC received Planned Development approval on September 3, 2013, for a mixed use 4 -story 190 -unit apartment building with ground level commercial retail space and underground parking on the site. ➢ Final Plat: • A Final Plat of property owned by the EDA was approved October 1, 2013. The updated plat incorporates a small triangle of land that underlies the development site, but was not owned by the EDA and consequently, not included in the prior plat approval. • The City Attorney has since located the property owner and negotiated for the EDA to acquire the parcel for the purpose of incorporating it into the plat. • This action will address one of the conditions of the development approval. Final Planned Development: • The developer has submitted revised plans for the Final PD Agreement, and has made application for building permit. The unit count in the final plans has increased from 190 to 192. • Since the Planned Development approval specified 190 units, the purpose of this action is for the Council to acknowledge this adjustment to 192 units, between the preliminary and final plans. • The building appearance is not affected and impacts to parking are minimal — e.g. 4 parking stalls. • The Final PD Agreement is in order and ready for execution. ISSUES: None ATTACHMENTS: (2) Location Map, page qb Final Plat, page q's Fort Snelling Location Map a Subject Site -- m fr _, NO'�3 ♦� ®fie, `r SIL w� z w 111 Project Name: Cedar Grove Parkway 3rd Addn (The Flats at Cedar Grove) City of Baran H(O 0 500 1,000 2,000 Legend �aD City Boundary Parcels Parks Buildings N I O '�` �� :F .�'h � o;,Fl<'�InY �roa< =a ��e � },.n„',ri•\ (Yl 16'Ebi �a"' ni 'tq 4C we wn .i w `y�y s l 8 g 3g yy> �t / ® -- - T �'bp�\ ,� \ \ • \ - ,I"gaa { `b al IJ \ / rF co --�- - /y D4 T Af \W / �=gm � o �A`H 1 :o1 Pug W 05 E� m s f a oil ng a nxx spl n °I og lip � o, I tl =s -.y � HIsgsa S��A saes =mo aas�m� sE e; � x WHIG $pxpma a $E5 z adz °o �° H � � � 9. .q� m$ cEcv g m'�S Yfo B! u 0 0 3 Id t t B ? $ ag HIM �;ozn;� = �g6E sn °€ w.n i e s i a�Els s � F ;!Hj E„ oEC ua8 m r^i4o Yr_5Y ° ° g gull$ g m�zeg s g$aa a �a�og a n° E a NHI ae yp e I AI��gn� a "E HU, 9t E 1 E a °E$g w "g � PPg6 g:oe Po -g`nr: o �8 g P° = o°E „off« "ate "x = B. megM s= m ts na"i�"o l�$pssuogiggx e o tE iE �g�g`9 g�Ee Fg Y $�iF � g rgoisgs sg A=g °m d SHIM a :ss=a mps". � MUM , P n g 9a z xry v m xg i `ae e ^ B a < M- W Ar °gor m ° ; iota" E' aa °° s ` r g a o n F o �s N g g � 49 IAJ Agenda Information Memo December 17, 2013 Eagan City Council Meeting PUBLIC HEARINGS A. 2014 FEE SCHEDULE ACTION TO BE CONSIDERED: To close the public hearing and adopt a resolution approving the 2014 Fee Schedule establishing fees for various City services, supplies and materials. FACTS: Per Minnesota Statutes 462.353, the adoption of a fee schedule requires publication at least 10 days prior to a public hearing. The notice was published on December 6. Fees are reviewed annually by staff. Fee increases are proposed by the departments charging the fee. Proposed increases are reviewed for propriety and compiled for presentation to the Council by the Assistant Finance Director. ATTACHMENTS: A summary of notable changes for 2014, referencing the fee schedule page numbers, not the packet page numbers, is attached on page �fl — . • copy of the resolution adopting the 2014 Fee Schedule is attached on page • copy of the existing 2013 Fee Schedule marked up with proposed changes for 2014 is attached on pages �,T through _ . TU 2014 Fee Schedule Summary of Notable Proposed Changes December 17, 2013 Page 3 City services /resource escrow was adjusted via ordinance amendment and resolution in early 2013. Page 4 The variance flat rate is proposed to increase in an effort to improve City staff time cost recovery. Page 11 Trunk and connection rates are increased 3.3% per our customary use of the Engineering News Review construction inflation index. Page 12 Public utility rate increases /decreases are proposed as follows. Staff is adopting the 2010 Springsted rate study model to look out 10 -20 years for capital and operating needs for each utility. The updated model results in the following proposed rate adjustments: • Water – No change in volume rates or fixed rate per billing • Sanitary sewer – 3% increase in volume rate from $3.20 to $3.10 /thous gal; fixed rate is increased from $1.60 to $1.65. • Street lighting – 5.25% increase • Storm drainage – 4.25% increase The monthly utility bill for all utilities— water, sanitary sewer, street lighting, storm drainage — for a typical household that uses 20,000 gallons of water in the winter will increase $ .95 from $37.77 to $38.73, a 2.5% overall increase. Page 13 The cost for providing water meter removal /installation fee (for outside meters that would otherwise freeze in winter) is higher than the previous year. This is due to increased personnel costs for employees. The Meter Fee is new and is being implemented to recover meter replacement costs that aren't recovered through consumption charges. Page 14 Water meter prices are up. Prices are based on the City's cost. Page 15 Street assessment rates are increased 3.3% per our customary use of the Engineering News Review construction inflation index. Page 16 Most Parks & Recreation fees are proposed to remain at the 2013 levels. Clarifying language is provided to help the resident and customer understand the charges. Page 18 Cascade Bay rates are generally unchanged. Civic Arena floor /ice rentals are proposed to increase $5. These rates are considered competitive in comparison to surrounding communities. Additional charges are set forth for the mezzanine area to recover extra staff time costs for the new level of service. Page 19 Community Center Fees are generally unchanged. Page 24 Equipment rates are adjusted to recover costs of operation for each piece of equipment. Page 25 Some staff rates and descriptions are adjusted. New positions are added as recommended by the City attorney. This is in response to our need to bill for staff time as it is not uncommon for them to testify in civil trials in which the City is not a party to. City attorney rates are adjusted and represent a 2.5% increase to their existing rates. C RESOLUTION CITY OF EAGAN APPROVING THE 2014 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees as listed in the attached shall be effective immediately: Motion by: Seconded by: Those in Favor: Those Against: Date: December 17, 2013 CITY OF EAGAN CITY COUNCIL IN Its Mayor Attest: Its Clerk CERTIFICATION I, Christina Scipioni, City Clerk of the City of Eagan, Dakota County, Mimnesota, 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 17th day of December, 2013. Christina Scipioni, City Clerk L t T-I AN Fy [W� Approved by the City Council at its December 1,k7, 201-23 meeting. Fees are effective January 1, 201,34. D Table of Contents Page Licenses and Permits Alcohol......................................................................................... ..............................1 Other........................................................................................... ............................... 2 Tobacco and Liquor License Violations ....................................... ..............................3 DevelopmentReview ................................................................................ ..............................4 Construction - related and Right -of -Way Permits ....................................... ..............................5 EscrowDeposits ....................................................................................... ..............................6 Other Development - related Charges Park, Trail, Water Quality Dedication .......................................... ..............................7 Tree Mitigation / Replacement ....................................................... ..............................7 Inspections Fees /Permits BuildingPermits ........................................................................... ..............................8 MechanicalPermits ..................................................................... ..............................8 PlumbingPermits ........................................................................ ..............................9 Fire Suppression and Fireworks Permits .................................... ..............................9 OtherInspections ........................................................................ ..............................9 StateSurcharge .......................................................................... .............................10 Utilities Fees /Charges Connection /Availability Charges ................................................. .............................11 UserRates .................................................................................. .............................12 OtherUtilities Fees ..................................................................... .............................13 WaterMeters .............................................................................. .............................14 Street and Trail Special Assessment Rates ............................................ .............................15 Other Assessment- related Charges ........................................................ .............................15 Parks and Recreation Charges ............................................................... .............................16 FacilityFees ................................................................................ .............................16 CascadeBay Fees ..................................................................... .............................18 CivicArena Fees ........................................................................ .............................18 Community Center Fees ............................................................. .............................19 Wetland Conservation Application Fees ................................................. .............................21 Police Department Charges .................................................................... .............................22 Fire Department Charges ........................................................................ .............................23 EquipmentRates ..................................................................................... .............................24 Staff and City Attorney Rates .................................................................. .............................25 Miscellaneous Fees /Charges .................................................................. .............................26 Summary of Connection Charges ........................................................... .............................29 City of8ap 2014 Fee Schedule ALCOHOL LICENSES AND PERMITS (1) When wine and beer licenses are applied for by the same applicant, the total maximum application and investigation fee is $500.00. (Acct code 9001.2248) (2) Also requires additional fee of $200 /person or entity beyond five having an interest in the proposed licensed establishment. A $1,000 escrow for up to five applicants residing outside of the state is required, plus $200 /person beyond five with an interest. 15H Fee Acct Code Beer Application and investigation $ 500.00 (1) 1101.4239 Off -sale license 100.00 0401.4056 On -sale license 450.00 0401.4056 Temporary license 25.00 0401.4056 Liquor Application and investigation 500.00 (2) 1101.4239 Off -sale license 200.00 0401.4055 On -sale license " Annual sales < $275,000 5,300.00 " Sales $275,000- 550,000 6,300.00 " Sales > $550,000 7,300.00 " Sunday license 200.00 " On -sale club license < 200 club members 300.00 0401.4055 201 -500 club members 500.00 " 501 -1,000 club members 650.00 " 1,001 -2,000 club members 800.00 " 2,001 -4,000 club members 1,000.00 " 4,001 -6,000 club members 2,000.00 " > 6,000 club members 3,000.00 " Temporary (up to 3 days) 150.00 " Wine Application and investigation 500.00 (1) 1101.4239 On -sale license 1,900.00 0401.4055 Sunday license 100.00 0401.4055 Daily consumption and display 25.00 0401.4055 Annual consumption and display 300.00 " Daily sports or convention 50.00 Annual sports or convention 600.00 " Duplicate license 5.00 0401.4230 Change in managers 300.00 1101.4239 (1) When wine and beer licenses are applied for by the same applicant, the total maximum application and investigation fee is $500.00. (Acct code 9001.2248) (2) Also requires additional fee of $200 /person or entity beyond five having an interest in the proposed licensed establishment. A $1,000 escrow for up to five applicants residing outside of the state is required, plus $200 /person beyond five with an interest. 15H City of6ayfl 2014 Fee Schedule OTHER LICENSES AND PERMITS Adult establishments: Investigation Annual license Adult companionship /escort service provider: Investigation Annual license (one license included w/ adult establishment license) Chicken permit Contractors license - Plumbing OR Sewer and Water Unlicensed Fee $ 300.00 Requires $1,000 escrow 5,000.00 300.00 Requires $1,000 escrow 850.00 MN Dept of Health Bond & Ins. Cert. ($25,000), and MN Master Plumbers Cert. ABC, LECET, or MUCA Pipelayer Training Certification & MN Dept of Health Contractor Bond Certificate ($25,000) Acct Code 1101.4239 0401.4067 1101.4239 0401.4067 0401.4116 Dance hall - initial investigation 300.00 1101.4239 Dance hall - annual permit 300.00 0401.4112 Dance, public - single event 50.00 " Dangerous dog registration 10.00 Registration, sign, and tag (lifetime of dog) 100.00 1101.4061 Development - related permits See pages 4 through 7 Dog license (2 -year) * 20.00 1101.4061 [Licenses are also available at all Eagan veterinary clinics.] Duplicate dog tag 2.00 1101.4061 Gambling - investigation 250.00 1101.4239 Golf cart, motorized permit 25.00 0401.4114 Hunting, bow permit - resident 10.00 1101.4120 Hunting, bow permit - non - resident 25.00 " Kennel permit - initial 100.00 0401.4060 Kennel permit - renewal 50.00 0401.4060 Massage therapy establishment - investigation $ 300.00 includes 1 therapist license 1101.4239 Massage therapy establishment - license 300.00 includes 1 therapist license 0401.4064 Massage therapist - investigation 100.00 1101.4239 Massage therapist - license 25.00 0401.4064 * Dog licenses purchased in the second year of the two -year period are $20.00; fee is not prorated. 1011111flyflap 2014 Fee Schedule OTHER LICENSES AND PERMITS (cont'd) Paintball facility - investigation Paintball facility - license Pawn shop - investigation Pawn shop - license Pet shop license - initial Pet shop license - renewal Pigeon Rubbish hauler - commercial, residential, recycling only, or construction /demolition debris: 1St truck Each additional truck Shows (circus, carnival) - investigation Shows - license Solicitor /peddler /transient merchant Special events permit : Application fee for established route Application fee for new route Damage /clean -up fee deposit City services /resource escrow Tobacco sales- investigation Tobacco sales license Tree contractor license TOBACCO LICENSE VIOLATIONS Licensee: First violation at licensed premise Second violation within 24 months of first violation at licensed premise Third and subsequent violations within a 24 -month period at licensed premise Other individuals: LIQUOR LICENSE VIOLATIONS: Licensee: First violation at licensed premise Second violation within 24 months of first violation Third violation within 24 months of first violation Fourth and subsequent violations within 36 months of first violation Fee Acct Code 50.00 1101.4239 150.00 0401.4070 850.00 per owner 1101.4239 12,000.00 0401.4065 100.00 50.00 0401.4063 50.00 0401.4120 0401.4059 100.00 60.00 " 50.00 1101.4239 25.00 0401.4120 100.00 1101.4239 150.00 0401.4098 250.00 0401.4098 300.00 125% 158% of estimated cost for required 9001.2246 City services /resources 100.00 200.00 0401.4057 25.00 0401.4058 75.00 1101.4233 200.00 " 250.00 " 50.00 " 500.00 1101.4241 1,000.00 " 1,500.00 plus seven (7) -day suspension of license 2,000.00 plus thirty (30) -day suspension of license 55 *WyofEap 20134 Fee Schedule DEVELOPMENT REVIEW Yes 100.00 N For the charges below that require escrow deposits, refer to p.6 for the amount. Application Type Fee Escrow required? Comprehensive Plan Amendment $ 500.00 Yes Conditional Use Permit (CUP) * 350.00 Yes Final Planned Development 350.00 Yes Final Plat 250.00 Yes Final Subdivision 250.00 Yes plus 3.00 /lot Interim Use Permit (IUP) * Planned Development - annual review Planned Development Amendment (separate from rezoning) Preliminary Planned Development Preliminary Subdivision * Mailing labels - resid- enti °' va and Housing Improvement District mailings Rezoning * Site plan review Variance - residential Variance - non - residential Lot combination agreement Vacation proceedings Industrial revenue bond and multi- family housing bond application Public financing Assistance application (TIF, State program, etc) 250.00 Y Yes 100.00 N No 250.00 Y Yes 500.00 Y Yes 450.00 Y Yes Acct Code 0720.4207 0720.4095 0720.4206 0720.4206 0720.4206 0720.4095 0720.4223 0720.4207 0720.4206 0720.4206 0720.4230 350.00 Yes 0 150.00 Yes 0 400.00 300.09 Yes 0 500.00 Yes Fee $ 200.00 400.00 plus out -of- pocket City costs on replacement easements and /or transfer of property if handled outside normal subdiv. process 1,000.00 plus out -of- pocket City costs (Escrow required) 1,000.00 plus out -of- pocket City costs (Escrow required) * Application to appeal is 50% of original fee. NOTE: Rezoning, Preliminary and Final Planned Developments, CUPs and IUPs do not require additional escrow if incorporated with subdivision application. 59 720.4207 720.4223 720.4205 Acct Code 0720.4206 0720.4220 9113.4211 9113.4224 xxxx.4229 * Application to appeal is 50% of original fee. NOTE: Rezoning, Preliminary and Final Planned Developments, CUPs and IUPs do not require additional escrow if incorporated with subdivision application. 59 720.4207 720.4223 720.4205 Acct Code 0720.4206 0720.4220 9113.4211 9113.4224 xxxx.4229 IkCityflapn 201 ,34 Fee Schedule CONSTRUCTION- RELATED PERMITS Grading /excavation If preliminary platted: < 1 acre 300.00 2010.4094 1 -5 acres 500.00 " 5+ acres 700.00 " If not preliminary platted: 0 -5 acres 300.00 " each additional acre over 5 50.00 (800.00 maximum) Renewal 200.00 " RIGHT -OF -WAY (ROW) PERMIT & MANAGEMENT FEES ROW registration fee 40.00 2010.4102 ROW excavation /installation permit up to 1,000 feet 220.00 " ROW excavation /installation (> 1,000 feet) .20 per foot plus minimum $10,000 one -year warranty bond or security deposit* Winter ROW excavation surcharge (Dec 1 —Mar 31) 100.00 " ROW excavation /installation fee Qoint trench) 90.00 " Obstruction permit 50.00 " Private improvement in ROW (e.g. mailbox, driveway) Residential 20.00 Commercial 200.00 " If maintenance agreement is required 400.00 " If disturbance of existing infrastructure 200.00 plus minimum $500.00 security " (e.g., curb, sidewalk, catch - basin) deposit* for one year warranty * Security deposit to be calculated by Engineering Department MKI NAM ltk City of 8ayn 20134 Fee Schedule ESCROW DEPOSITS The City requires the following escrow deposits. The amounts represent initial deposits, not actual charges. Additional deposits may be required as City costs are incurred. Initial Escrow Deposit Acct Code Preliminary Subdivision application OR $ 2,500.00 single - family < 10 acres 9001.2245 Preliminary Planned Development OR 5,000.00 single - family > 10 acres " Comprehensive Plan Amendment 4,500.00 C/I and townhomes /multiples " < 20 acres 9,000.00 C/I and town hom es/m ulti ples " > 20 acres Final Planned Development Planned Development Amendment Final Plat Final Subdivision application - 1 -3 lots Final Subdivision application - 4 or more lots Contract management < $150,000 estimated construction costs $150,001- $500,000 estimated construction costs > $500,000 estimated construction costs Conditional use permit (Not required if subdivision escrow has been collected as part of same application.) Interim use permit - when site plan is involved (Not required if subdivision escrow has been collected as part of same application.) Rezoning (Not required if subdivision escrow has been collected as part of same application.) Site Plan Review Variance - residential Variance - non - residential Public financing assistance Request for release of development documents Impervious Surface Mitigation Inspection 3,000.00 " 1,500.00 " 800.00 " 2,000.00 " 4,000.00 " 12% of costs 5,000.00 minimum 9001.2245 9% of costs 15,000.00 minimum " 5% of costs 30,000.00 minimum " 500.00 Residential 9001.2245 1,000.00 Commercial 500.00 Residential 9001.2245 1,000.00 Commercial 500.00 Residential 9001.2245 1,000.00 Commercial 500.00 9001.2245 300.00 " 500.00 " 10,000.00 9001.2245 Determined on case -by -case basis 9001.2245 500.00 Single- family 9001.2245 qkCltyflayn 20134 Fee Schedule OTHER DEVELOPMENT- RELATED CHARGES (_00 Fee Acct Code Parkland dedication: Single- family $ 3,308.00 per unit 9328.4670 Duplex 3,258.00 per unit " Townhouse /Quad 3,458.00 per unit " Apartments /Multiple 3,212.00 per unit " Commercial (post- 1/1/83) 869.00 per 1,000 ft of of bldg " Industrial (post- 1/1/83) 236.00 per 1,000 ft2 of bldg " Commercial /Industrial (pre- 1/1/83) 2,618.00 per net acre " Trailway dedication: Commercial /Industrial /Public Facility 1,251.00 per net acre 9375.4671 Residential 250.00 per unit 9375.4671 Water quality dedication: Water quality dedication fee is equal to the sum of: (1) the cost of the area of a water quality treatment pond using the per -acre land values below; and (2) the cost of the volume of that pond using the excavation rate below. Dedication fees apply in lieu of or in addition to construction or use of an actual treatment pond. Per -acre land values: Single- family 85,474.00 6501.4672 Duplex 84,158.00 " Townhome 141,262.00 Apartments, Schools & Churches 149,893.00 " Commercial 96,481.00 " Industrial 82,754.00 " Excavation rate 10.00 per cubic yard " Tree mitigation /replacement: Refer to City Code section 11. 10, subd. 15.1 for calculation. Individual trees 120.00 per diameter inch 9001.2120 Woodland areas 1.20 per sq ft of woodland 9001.2120 (_00 Cilyof8aph 20134 Fee Schedule INSPECTION FEES /PERMITS Building permits: Building permit fees are based on the League of Minnesota Cities Fee Table. Permits are issued to specific lots. There is a State surcharge on all permits; the surcharge fee schedule is on page 11. The following connection and availability charges are also collected with single - family building permit fees: Fee Acct Code Sewer availability charge (SAC) - Met. Council - Environmental Services $2,485.00 $2,435.00 Sewer availability charge - City 100.00 Water supply and storage - City 1,333.00 1,290.00 Water meter (5/8 ") 210.00 200.00 Treatment plant charge 828.00 801.00 Building permit valuation • Fireplace /fireplace stove, demolition, < $500 40.00 501 -2,000 40.00 2,001- 25,000 73.75 25,001- 50,000 413.00 50,001- 100,000 681.75 100,001- 500,000 1,056.75 500,001- 1,000,000 3,456.75 > 1,000,000 5,956.75 Building permits for selected work at existing residences: • Fireplace /fireplace stove, demolition, building move 88.50 • Nail salon owner change inspection 55.00 • Tents >200 sq. ft., canopies >400 sq. ft., New construction greenhouses, pylon signs >7' tall 130.00 • Residential lower level finishes, residential Modification /alteration (e.g., furnace, A /C, air exchange) decks, egress windows with new opening and well • Windows /door replacement (1 opening) 40.00 • Re -roof, siding, windows, including egress (based on fixed valuation of $3,000 per work type and per unit for 1- and 2 -unit buildings): 55.00 $4,000 valuation 103.25 $8,000 valuation 162.25 $12,000 valuation 211.25 9220.2275 9376.4681 6101.4680 6101.4509 6101.4685 0801.4085 plus 2.25 / $100 valuation* > $500 " plus 14.75/ $1,000 valuation* > $2,000 " plus 10.75/ $1,000 valuation* > $25,000 " plus 7.50/ $1,000 valuation* > $50,000 " plus 6.00/ $1,000 valuation* > $100,000 " plus 5.00/ $1,000 valuation *> $500,000 " plus 4.00/ $1,000 valuation* > $1,000,000 " 0801.4085 0801.4085 0801.4085 Based on valuation ($2,000 minimum) 0801.4085 Also subject to plan review fee 0801.4085 Mechanical permits: The Inspections Department must verify the classification of each multiple- residence dwelling to determine the appropriate permit type. 0801.4085 * or fraction thereof U! 1 Fee Acct Code Residential (1 -2 family, townhomes, condominiums) New construction $95.00 per dwelling unit 0801.4088 Modification /alteration (e.g., furnace, A /C, air exchange) 55.00 " (Permit not required for lower -level ductwork alterations.) Supplementary furnace 55.00 per dwelling unit " Commercial /Industrial /Apartment buildings HVAC 1% of contract price ($55.00 minimum) 0801.4088 Process piping systems 55.00 0801.4088 Underground tank installation /removal 70.00 0801.4088 * or fraction thereof U! 1 CityafEaQan 20134 Fee Schedule INSPECTION FEES /PERMITS (cont'd) Abandonment of private sewage disposal system Turnaround Reduced pressure zone (RPZ) backflow preventer Lawn irrigation system Commercial /Industrial /Apartment buildings All plumbing PVB /RPZ - new /repair /rebuild /remove Landscape guarantee Fire Suppression and Commercial Fire Alarm Permits Fireworks Permits: Sales and Storage - outdoor Sales and Storage - all other Pyrotechnic Special Effects Displays Other building inspections fees: Electrical permits Plan review Demolition permit Day Care inspection Interagency - required inspection Minnesota Department of Health inspection Moving permit - building Outdoor electronic sound system /audio after 10 p.m. Sign permit (excludes temporary signs) 55.00 55.00 55.00 55.00 1 % of contract price ($55.00 minimum) 55.00 per building 7,500.00 1 % of contract price ($55.00 minimum) Pylon sign footing inspection permit (in addition to sign permit fee Temporary sign permit (up to 10 days in a 60 -day period) Sign permit - investigation fee (applies when work commences before permit issuance) (0a 410.50 (includes tent) 100.00 100.00 Issued by the State Acct Code 0801.4087 9001.2276 0801.4087 0801.4093 0801.4087 0801.4087 0801.4087 9001.2257 0801.4096 0801.4097 65% of building permit fee Fee Plumbing permits: The Inspections Department must verify the classification of each multiple- residence dwelling to determine the appropriate permit type. 1221.4216 Residential (1 -2 family, townhomes, condominiums) New construction 95.00 per dwelling unit Modifications that alter living area 55.00 Add /replace softener, water heater 55.00 Private sewage disposal system 100.00 (includes 40.00 County Permit Fee - 9001.2276) 9001.2257 Additional, per as -built 10.00 Abandonment of private sewage disposal system Turnaround Reduced pressure zone (RPZ) backflow preventer Lawn irrigation system Commercial /Industrial /Apartment buildings All plumbing PVB /RPZ - new /repair /rebuild /remove Landscape guarantee Fire Suppression and Commercial Fire Alarm Permits Fireworks Permits: Sales and Storage - outdoor Sales and Storage - all other Pyrotechnic Special Effects Displays Other building inspections fees: Electrical permits Plan review Demolition permit Day Care inspection Interagency - required inspection Minnesota Department of Health inspection Moving permit - building Outdoor electronic sound system /audio after 10 p.m. Sign permit (excludes temporary signs) 55.00 55.00 55.00 55.00 1 % of contract price ($55.00 minimum) 55.00 per building 7,500.00 1 % of contract price ($55.00 minimum) Pylon sign footing inspection permit (in addition to sign permit fee Temporary sign permit (up to 10 days in a 60 -day period) Sign permit - investigation fee (applies when work commences before permit issuance) (0a 410.50 (includes tent) 100.00 100.00 Issued by the State Acct Code 0801.4087 9001.2276 0801.4087 0801.4093 0801.4087 0801.4087 0801.4087 9001.2257 0801.4096 0801.4097 65% of building permit fee 0720.4222 $90.00 0801.4093 50.00 1221.4216 55.00 1221.4216 55.00 0801.4093 90.00 + cost of damage /repairs; 0801.4093 $2,000 escrow required. 9001.2257 75.00 0720.4115 2.50 per square foot 0720.4089 (minimum fee $25) 130.00 0801.4085 25.00 0720.4089 Double sign permit fee 0720.4089 City ofEap 2014 Fee Schedule INSPECTION FEES /PERMITS (cont'd) Fee Wind energy, radio and TV tower permit Based on value -see building permits Underground storage tank installation /removal 70.00 Building permit investigation fee 50% of plan review fee (applies to approved permits abandoned by applicant) Building /Plumbing /Mechanical permit investigation fee Double the base fee (applies when work commences prior to permit issuance) Lot transfer or address change fee 50.00 Commercial driveway construction in City ROW Commercial utility connection in City ROW Re- inspection fee After - hours /weekend inspection fee Address change after building permit issued Permit refunding fee State of MN contractor license verification Street name change application 50.00 Escrow to be determined 50.00 on case -by -case basis 50.00 per hr. - 1 hr minimum 50.00 per hr. - 2 hr minimum 50.00 Acct Code 0801.4092 0801.4088 0801.4085 permits, p.9 0720.4222 0801.4242 0801.4242 0201.4230 50.00 permits, pp. 8,9 5.00 0201.4230 100.00 + out -of- pocket City costs 0201.4230 State surcharge The State of Minnesota requires the following permit surcharges to be collected by the City and remitted to the State. Building Permits: Value -based permits: < $1,000,000 valuation 1,000,001- 2,000,000 2,000,001- 3,000,000 3,000,001- 4,000,000 4,000,001 - 5,000,000 > 5,000,000 Fixed -fee permits: Permit amount < 1,000 Permit amount 1,000- 10,000 Permit amount > 10,000 Fee .0005 x valuation Acct Code 500 + .0004 x (valuation - 1,000,000) 9001.2195 900 + .0003 x (valuation - 2,000,000) " 1,200 + .0002 x (valuation - 3,000,000) " 1,400 + .0001 x (valuation - 4,000,000) " 1,500 + .00005 x (valuation - 5,000,000) " 5.00 through June 30; .50 thereafter " 5.00 through June 30; permit fee x .0005 thereafter Permit fee x .0005 " Mechanical, Plumbing, and Fire Suppression permits: Permit amount < 1,000 Permit amount 1,000- 10,000 Permit amount > 10,000 5.00 through June 30; .50 thereafter " 5.00 through June 30; permit fee x .0005 thereafter " Permit fee x .0005 " L City flapn 1,839.00 4a80.99 per SAC unit * 9376.4611 201 -34 Fee Schedule per SAC unit over 5* UTILITIES FEES - CONNECTION /AVAILABILITY CHARGES 11+ SAC units 11,502.00 11,130.00 plus 178.00 Trunk charges: Fee Water supply and storage: Acct Code Sanitary sewer oversize (for assessment purposes) Residential Un- platted and platted non - residential $ 2,956.00 $ 2,860.99 per acre 9376.4611 Platted residential 1,436.00 1,390.00 per lot 9376.4611 Water main oversize Un- platted and platted non - residential 3,121.00 3,920.00 per acre 9376.4611 Platted residential 1,498.00 1,450.08 per lot 9376.4611 Storm sewer oversize Single- family .132 -42-8 per sq ft 9376.4611 Multi- family .169 -464 per sq ft " Non - residential .203 -4P6 per sq ft " Lateral charges: Sanitary sewer 70.60 69.34 per centerline foot 9376.4611 Water main Single- family 71.30 69.00 per centerline foot 9376.4611 Multi- family and non - residential 89.90 809 per centerline foot 9376.4611 Storm sewer (based on pipe at 15' depth) 12" storm sewer 77.50 75.99 per centerline foot 9376.4611 15" storm sewer 80.20 X69 per centerline foot " 18" storm sewer 86.10 839 per centerline foot " 21" storm sewer 92.40 89.40 per centerline foot " 24" storm sewer 105.60 402.29 per centerline foot " Service Charges: Sanitary Sewer - 4" service 862.00 834.99 per service 9376.4533 Sanitary Sewer - 8" stub 1,981.00 1,917.00 9 per stub 9376.4533 Water - 1" service 963.00 932.00 per service 9376.4508 Water - 6" stub 3,317.00 39.09 per stub 9376.4508 Sanitary sewer availability (SAC): MCES portion - all property types 2,485.00 2,^35.00 per SAC unit * 9220.2275 City portion - all property types 100.00 per SAC unit * 9376.4681 Sanitary Sewer Trunk Connection Charge (SCC): 1 -5 SAC units 1,839.00 4a80.99 per SAC unit * 9376.4611 6 -10 SAC units 9,197.00 890 plus 445.00 per SAC unit over 5* 9376.4611 11+ SAC units 11,502.00 11,130.00 plus 178.00 per SAC unit over 10* 9376.4611 Water supply and storage: Residential 1,333.00 1,2-90.99 per SAC unit * 6101.4680 Non - residential 4,940.00 4,780.00 per acre " Treatment plant: All property types 828.00 801.00 per SAC unit * 6101.4685 Direct connection to MCES Interceptor - application fee (not a City fee) 900.00 per connection * SAC units are determined by Metropolitan Council- Environmental Services (MCES). (! q City ofEapn 20134 Fee Schedule UTILITIES FEES -USER RATES MO Fee Acct Code Sanitary sewer Residential and Commercial /Industrial (Usage is based on lower of winter quarter and current quarter water usage) Administrative fee $1.654-.60 per bill 6201.4530 All usage (min 3,000 gal /qtr) 3.20340 per 1,000 gallons " Sewer -only (no water connection) 65.65 638 per quarter " Manual reading /billing fee - deduct meters 10.00 per meter, per read " Water Residential and Commercial /Industrial Administrative fee 3.00 per bill 6101.4505 Domestic /Potable usage Winter quarter; all usage 1.40 per 1,000 gallons " All other quarters: Usage up to amount used in prior winter quarter 1.40 per 1,000 gallons Usage in excess of amt used in prior winter qtr 1.75 per 1,000 gallons Lawn & Irrigation usage if separately metered 1.75 per 1,000 gallons " Hydrant /construction meter - minimum 5.00 per day " Storm water drainage R1, R2 properties 9.52 Q-43 per REF /qtr 6401.4540 R3 properties 5.90 5:66 per REF /qtr " R4 properties 13.35 42.81 per REF /qtr " Office /Retail /Business Park 11.29 40.83 per REF /qtr " Public /Quasi - Public 13.00 12.47 per REF /qtr " Street /signal lighting Neighborhood lights Single- family, twin homes (R1 /R2) 6.15 "4 per qtr /lot 6301.4550 Townhomes (R3) 4.93 4:68 per qtr /unit " Multiple residential 10.77 10.23 per qtr /account " Non- continuous 7.27 694 per qtr /acre " Continuous (per LF basis) .160-450 per qtr /LF " Continuous (per acre basis) 13.89 4320 per qtr /acre Individual lights 100 WHPS 43.69 4 =x.51 per light/qtr " 150 WHPS 63.33 60.17 per light/qtr " 200 WHPS 55.74 52.96 per light/qtr " 250 WHPS 70.50 66.98 per light/qtr " Community and signal lights R1 /R2 2.272-46 per unit/qtr " R3 1.83 4�4 per unit/qtr " R4 1.34 4-27 per unit/qtr " Non - residential 9.198-.7-3 per unit/qtr " MO City of 8apn UTILITIES FEES -OTHER 20134 Fee Schedule Clearwater discharge surcharges: Inspection not completed - single- family Inspection not completed - non - single- family Correction not made - single - family Correction not made - non- single - family Prohibited reconnection made - single - family Prohibited reconnection made - non - single - family Water turn -on or shut -off (Service fee - per each trip) Water meter removal or installation - inspection only (Service Fee - per each trip) Utility bill late charge Certification fee on delinquent utility bills Sewer permit - new or repair of existing Water permit - new or repair of existing Temporary construction hydrant meters (6 month max) Permit fee Hydrant damage deposit 5/8" meter damage deposit 3" meter damage deposit 3" backflow preventer & cart damage deposit Trip fee (if required) 3 /a" backflow preventer deposit Scheduled after -hours work Call out - 2.5 hour minimum Extended day Fee $ 150.00 per month 500.00 per month 150.00 per month 500.00 per month 300.00 per month 1,000.00 per month 60.00 55.00 (lam - 3pm) 60.00 55-00 (7am - 3pm) 1.5% per month on unpaid balance 25.00 per parcel •1 1/ 60.00 250.00 200.00 2,610.00 2,459.00 2,000.00 60.00 69.00 per month, 3 -month deposit required OT labor rate plus 15% admin fee to max admin of 60.00 OT labor rate plus 15% admin fee Meter Fee (for non -use type meters to recover meter replacement cost) Fire 3.00 per month Irrigation (when active) 3.00 per month Meter testing (charged only if meter tests correct) 5/8" through 1" 1 '/" through 2" All other sizes Private hydrants Maintenance /flushing Repair 130.00 162.50 Contract cost plus 15% 60.00 Time and material plus 15% Acct Code 6201.4534 6201.4534 6201.4535 6201.4535 6101.4512 6101.4512 6101.4506 xxxx.4612 6201.4532 6101.4507 6101.4521 9220.2254 9220.2254 0801.4242 9220.2254 6101.4242 6101.4242 6101.4242 6101.4242 6101.4242 6101.4242 Utilities customer list Electronic transmission, weekly new customer list 50.00 per year 0501.4230 ■ *Cflyflapn 20134 Fee Schedule UTILITIES FEES —WATER METERS Fee Acct Code Water meters (includes copperhorn /strainer, remote wire, and touch -pad meter) 5/8" x 3 /a" meter $ 210.00 $- X99.98 6101.4509 3/" meter 260.00 245.00 " 1" meter 340.00 321-00 " 1 1/" meter 690.00 653.90 " 2" compound meter 2,140.00 2,035.09 " 3" compound meter 2,610.00 2,^r X99 " 4" compound meter 4,210.00 4,008.09 " 6" compound meter 6,860.00 6,537.00 " 1 '/" turbo meter 1,110.00 1;055:00 " 2" turbo meter 1,650.00 1,57-5.00 " 3" turbo meter 1,870.00 490 " 4" turbo meter 3,610.00 3,437.00 " 6" turbo meter 5,960.00 5,674.00 " Replacement remote wire (over 50') 0.210-.20 per foot " Replacement outside touch -pad meter 24.00 335 " #2 copperhorns only 65.00 50.09 " Meter strainers only 2" strainer 470.00 4522.00 " 3" strainer 610.00 57-7-.00 " 4" strainer 920.00 876.00 " 6" strainer 1,160.00 1,103.00 " Radio meter read sending unit over Touchpad 185.00 177.09 6101.4509 Radio meter read sending unit 185.00 177.00 6101.4509 Dual pert ex antler 130.00 6101.4509 Driveway covers for water service shutoff valve 90.00 35.09 6101.4509 �q AbL City of8ap 20134 Fee Schedule STREET ASSESSMENTS Residential - 32' wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/ grading and storm sewer Multiple and Institutional - 44' wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w/ grading and storm sewer Commercial /Industrial - 52' Wide Street surfacing Street surfacing with grading Street surfacing with storm sewer Street surfacing w /grading and storm sewer TRAIL ASSESSMENTS Concrete - 6' wide (includes $4.15 /FF sod /grading) Bituminous - 10' wide (includes $4.15/FF sod /grading) OTHER ASSESSMENT - RELATED CHARGES Reallocation of special assessments Assessment search Pending assessment report Final assessment report Copies of legal description, owners, etc. * if less than 100 pages Fee Acct Code $ 57.80 $ -55.90 per FF xxxx.4611 / 4612 98.00 94.90 per FF " 80.10 759 per FF " 120.80 116.99 per FF 95.70 92.60 2.69 per FF " 154.40 449.49 per FF " 135.50 1 31.19 per FF " 194.30 488.00 per FF " 129.80 125.99 per FF " 201.30 194.89 per FF " 177.60 171.99 per FF " 249.20 241:19 per FF " A 43.00 41.65 per FF xxxx.4611 / 4612 27.70 26.84 per FF " 150.00 0501.4225 10.00 0501.4225 0.25 per page * " 0.25 per page * " 0.25 per page * 0201.4230 City of8ayn 2014 Fee Schedule PARKS AND RECREATION CHARGES The following faG4ity athletic and park rental fees are subject to 7.125% State sales tax and require a $150.00 damage deposit payable at the time of reservation. Sales tax is included in the proposed 2014 fees. Eagan based school organizations that have a Joint Powers Agreement with the City may schedule use of Eagan shelters and pavilions free of charge, although a damage deposit is required. FACILITY FEE Residents Non - residents Acct Code Adult League Pretest/Appeal Fee 58.00 58-00 x-xxx. 4 210- Fee charged to team choosing to: protest rule or eligibility 58.00 58.00 xxxx.4310 appeal suspension /expulsion 58.00 58.00 xxxx.4310 Athletic Field /Facility Maintenance Fees Unless obviously known, the user will be considered non - resident. Proof of residency of 75% or better will qualify for resident rate. Youth Traveling Teams - Eagan & Eastview Athletic Associations • Soccer - per team 106.00 N/A • Lacrosse - per team 50.00 N/A • Football - per team 37.00 N/A • Baseball /Softball - per team practice fee for season 27.00 N/A • Baseball /Softball - per game 16.00 N/A Adults • Practice - exclusive use of field, no setup per hour 11.00 22.00 • Up to 9 games per team 265.00 530.00 • More than 9 games, fee for each additional game >9 38.00 76.00 Tournaments - per field /per day or single games • Youth 60.00 120.00 • Adult 85.00 170.00 Lights • Northview per hour (includes all 4 fields) 60.00 60.00 • Goat Hill per field per hour 32.00 32.00 • Clearwater per field per hour 32.00 32.00 Building cleaning per full day use 80.00 80.00 Lexington- Diffley building per full day use only 52.00 52.00 - Specialty field set -up charge to be determined on a case-by-case basis. This cost would be in addition to field use permit cost Band Shell and Public Address System at Central Park • Permitted use in partnership with Eagan Parks and Recreation community entertainment criteria: • Permitted use in conjunction with a Community Center paid permitted use: No fee Band Shell only per hour 61.00 76.00 Band Shell with Sound System (includes staff) per hour 126.00 158.00 Wedding Ceremonies per hour 61.00 76.00 Wedding Ceremonies with Oaks rental per hour 53.00 66.00 Wedding Ceremonies w /Sound Sys. (includes staff) per hr 106.00 133.00 Canoe Storage (May 1 - October 31) 46.00 Central Park Festival Grounds: Ellipse only, one day event 159.00 Designated Green Space within a Park 55.00 ICI 58.00 199.00 110.00 3087.4624/4627 No fee 6809.4325/4326 1. 3089.4305 3088.4325/4326 3087.4624/4627 City ofEayn 2014 Fee Schedule FACILITY FEE (Cont'd) Residents Non - residents Acct Code Dunk Tank Fill in City Park - Filled by Parks Staff Weekdays - Monday - Friday from 7 am - 3:30 pm 106.00 106.00 3089.4310 Weekends /Evenings after 3:30 pm 185.00 185.00 " Holz Farm Barn Rentals from June - August per day Group size limited to 80 260.00 325.00 3088.4325/4326 Moonshine Park Retreat Center Upstairs - retreat/meeting space All day rental - kitchen included 146.00 183.00 3088.4325/4326 6 -hour time slot - kitchen included 98.00 123.00 " Monday - Friday - per hour with 2 hour minimum 23.00 27.00 " Downstairs - activity space All day rental 49.00 61.00 " 6 -hour time slot 34.00 43.00 " Outdoor hockey rinks per hour With or without ice and lights 20.00 25.00 3087.4624/4627 Without ice 8.00 10.00 " Park Shelter Buildings All day rental from 10 am -10 pm 146.00 183.00 3088.4625/4626 Half -day rental from 10 am -4 pm or 5 pm -10 pm 98.00 123.00 " Pavilions All day rental from 10 am -10 pm 146.00 183.00 3088.4625/4626 Half -day rental from 10 am -4 pm or 5 pm -10 pm 98.00 123.00 " Kitchen use 49.00 61.00 " Sand Volleyball Courts per hour 6.00 8.00 3087.4624/4627 Special Events - Closing trail & posting signs 53.00 66.00 3088.4625/4626 Sun Shelters All -day rental from 10am -10pm 57.00 71.00 3088.4625/4626 Half -day rental from 10am -4pm, or 5pm -10pm 39.00 49.00 Tennis courts per court per hour 6.00 8.00 3087.4624/4627 Trapp Farm Tubing Hill: Daily per person 3.00 3.00 3074.4318 Reservations for groups of 20 -80, per person 5.50 6.50 " Use of parks for large groups, charity walks /runs /rides 65.00 81.00 3088.4625/4626 - Groups usinq a substantial portion of park grounds or trail activities allowed only if not in conflict with existing city programs /services Vendor permit to conduct sales at outside facilities 28.00 35.00 3087.4624/4627 EAGAN ROOM Eagan room - 2 -hour minimum 23.00 27.00 3088.4625/4626 Kitchen use 20.00 20.00 " Chuckwagon grill per day 48.00 60.00 3089.4305 Extra picnic tables per table with a maximum of 6 19.00 24.00 11 41pl� City ofBap 2014 Fee Schedule PARKS AND RECREATION CHARGES (Cont'd) CASCADE BAY Daytime After 4 p.m. Civic Arena Rentals per hour, 9stober1,2012 Daily Admission 15.00 Prime rate 200.00 495.00 Guests over 42" 10.00 8.00 67XX /43XX Guests under 42" 8.00 6.00 " Seniors 62 and older 8.00 6.00 " Under 18 months Free Free 50.00 45.00 " Season Passes Resident Non - Resident Indoor turf - half field First family member, all ages 60.00 70.00 670X.4321 Additional family members 50.00 65.00 " Additional family members <42" tall 36.00 46.00 " Seniors 62 and older 36.00 46.00 " Under 18 months of age Free Free Captain's Course 9 holes 2.00 2.00 " Unlimited daily use with pool admission 4.00 4.00 " Birthday Parties Pool, includes up to 10 guests 150.00 150.00 6709.4316 Additional guests 15.00 15.00 " Golfing, includes up to 10 guests 120.00 120.00 6726.4316 Additional guests 12.00 12.00 " Groups per person 10.00 10.00 6708.43XX Private Rental per hour, minimum of two hours 1,000.00 1,000.00 6711.43XX CIVIC ARENA Residents Non - residents Civic Arena Rentals per hour, 9stober1,2012 - September 30 2013 15.00 Prime rate 200.00 495.00 200.00 405. -08 66XX.4355/4356 Eagan & Eastview Association 200.00 195.00 200.00 195.00 " High School 205.00 200.00 N/A " Non -prime 135.00 430.00 135.00 430.90 " Off -peak 115.00 115.00 " Dry Floor 50.00 45.00 50.00 45.00 " Indoor turf - full field 85.00 80.00 85.00 80.00 " Indoor turf - half field 50.00 45.08 50.00 49.00 " Indoor turf - less than 24 -hour notice 95.00 90.08 95.00 98:00 " Full arena floor daily max 650.00 650.00 " Half arena floor daily max 325.00 325.00 " Civic Arena mezzanine: Hourly - 1 hour minimum 21.00 27.08 31.00 33.00 6622.4325 Hourly - 8 hours 200.00 225.00 " Hourly with outside food and beverage 60.00 67.00 " Hourly - 8 hours with outside food and beverage 440.00 500.00 " Hourly daily max with outside food and beverage 500.00 600.00 " Birthday Parties Gold, includes up to ten guests 150.00 150.00 Additional guests 15.00 15.00 Silver, includes up to ten guests 120.00 120.00 Additional guests 12.00 12.00 Bronze, includes up to ten guests 90.00 90.00 Additional guests 9.00 9.00 Tj I 6630.4311 11 *Cityflapfi 20134 Fee Schedule CIVIC ARENA (cont'd) Residents Non - residents Training Center Prime rate per hour, Oct 1 - Mar 1, 5 -9pm, and Sat /Sun 8am -9pm 27.00 27.00 66XX.4355/56 Non -prime rate per hour 15.00 15.00 " QITiltyi11l1!I11 was] :kl "4:4J4 :? Note: Deposit required for all rental Prime Non -Prime Acct Code (Apr -Nov) (Dec -Mar) The Oaks (350 capacity) Sunday - Thursday 6802.2855.x 6802.4324/4325 8 am -11 pm 850.00 850.00 " 8am - Noon and 1 - 5 pm 340.00 340.00 6 - 11 pm 425.00 425.00 " Friday Full Day 1,190.00 850.00 " Saturday Full Day 1,545.00 1,190.00 " North, South or Central Oaks (110 capacity per room) Sunday - Thursday 8 am -11 pm 450.00 450.00 " 8 am - Noon and 1 - 5 pm 160.00 160.00 " 6 - 11 pm 190.00 190.00 " North, South or Central Oaks (2 Oaks combined) Sunday - Thursday 8 am -11 pm 725.00 725.00 " 8 am - Noon and 1 - 5 pm 290.00 290.00 " 6 - 11 pm 350.00 350.00 " Resident Non -Res./ North, Central or South Meeting Rooms (20 cap. /each room) For Profit Sunday - Saturday (2 -hour minimum) 17.00 /hr 19.00 /hr " Reduced (w/ 8 -hr banquet rental) 14.00 /hr 14.00 /hr " Daily max 150.00 150.00 North /Central /South Meeting Rooms combined Saturday - Sunday (2 -hour minimum) 40.00 /hr 44.00 /hr Reduced (w/ 8 -hour banquet rental) 32.00 /hr 32.00 /hr Maximum per day 240.00 265.00 Max per day - Reduced (with 8 hour banquet rental) 200.00 200.00 The Board Room (35 capacity) Sunday - Saturday (2 -hour mimimum) 23.00 /hr 27.00 /hr " Reduced (w /8 hr banquet rental) 19.00 /hr 19.00 /hr " Max per day - Reduced (with 8 hour banquet rental) 225.00 225.00 The Lone Oak Room /Oasis /Performance Studio per hour Full Lone Oak Room /Oasis /Pert. Studio (2 -hr min) 52.00 /hr 56.00 /hr 6812.4324/4325 Reduced Full Room (with 8 hour banquet rental) 37.00 /hr 37.00 /hr " Daily Max Full Room 450.00 450.00 " Half Lone Oak Room (2 -hour minimum) 32.00 /hr 35.00 /hr " Reduced Half Lone Oak Room (w /8 hr banquet rental) 22.00 22.00 " Daily Max Half Lone Oak Room 250.00 250.00 " Kid's Kare 20.00 /hr 22.00 /hr 6813.4324/4325 r] D_ Vlpftyflapn 2014 Fee Schedule COMMUNITY CENTER FEES (cont'd) Report Processing Fee Fitness Attendance Activity report 30.00 6807.4304 Open Gym Fees Adult Open - Resident 3.00 6810.4318/4319 Adult Open - Non- resident 3.00 " Youth Open 3.00 " Preschool Open (includes limited Blast use) 3.00 " Blast Fees Daily admission Prime Non -Prime 2.50 " (Sept -Mar) (Apr -Aug Private Rental - Resident North, Central, or South Gym: Private Rental - Non - resident 100.00 6804.4326/4327 Private Rental (with 8 -hr banquet room rental) Parks & Recreation Full Court 27.00 /hr 20.00 /hr 6810.4326/4327 Parks & Recreation Half Court 13.50/hr 10.00 /hr " Athletic Association Full Court 34.00 /hr 25.00 /hr " Athletic Association Half Court 17.00 /hr 12.00 /hr " Private - full court 60.00 /hr 45.00 /hr " Reduced Full Court (with 8 hour banquet rental) 50.00 /hr 45.00 /hr " Daily Max Full Court 400.00 300.00 " Private - half court 35.00 /hr 23.00 /hr " Reduced Half Court (with 8 hour banquet rental) 30.00 /hr 23.00 /hr " Daily Max Half Court 250.00 150.00 " Resident Non -Res./ For Profit Gazebo 65.00 /hr 75.00 /hr 6844.4326/4327 Reduced (w/ 8 -hour banquet rental) 55.00 /hr 55.00 /hr " Daily Max 475.00 475.00 " Fitness Membership Fee Member enrollment fee - 1st family member (admin) 25.00 6807.4321 Member enrollment fee - each addl fam mbr (admin) 25.00 " Monthly fee - Resident /Corporate - 1St family member 35.00 " Monthly fee - Resident/Corporate - each additional 30.00 " Monthly fee - Non - resident - 1st family member 40.00 " Monthly fee - Non - resident - each additional 40.00 " Daily admission to fitness center 10.00 6807.4310 Report Processing Fee Fitness Attendance Activity report 30.00 6807.4304 Open Gym Fees Adult Open - Resident 3.00 6810.4318/4319 Adult Open - Non- resident 3.00 " Youth Open 3.00 " Preschool Open (includes limited Blast use) 3.00 " Blast Fees Daily admission 5.00 6804.4318/4319 After 5 pm 2.50 " 10 -Visit punch card (residents only) 40.00 " Private Rental - Resident 100.00 " Private Rental - Non - resident 100.00 6804.4326/4327 Private Rental (with 8 -hr banquet room rental) 100.00 " Birthday Party Fees Friday- Sunday 125.00 up to 15 guests 6805.4310/4311 Monday- Thursday 100.00 up to 15 guests " Each additional child 8.00 " Color copies (8.5x11) 1.00 per page 2 CityofEayn 2014 Fee Schedule WETLAND CONSERVATION APPLICATION FEES Exemption /no -loss determination Replacement plan Banking plan Certificate of completion Wetland decision appeal Aquatic plant harvesting Co- application & service fee (City - permitted activity, lakes only) $ 100.00 (plus staff review time) 6530.4675 300.00 (plus staff review time) " 300.00 (plus staff review time) " 100.00 " 300.00 " 100.00 per property owner per year 6523.4676 rl q City ofEaQau 2014 Fee Schedule POLICE DEPARTMENT CHARGES Fee Acct Code Police /Fire reports: Police incident and other reports /data $ .25 per page 1101.4221 Background investigation report (copy) 10.00 " Photos Digital - color print 3.00 " Viewing accident reports (commercial users) 0.50 per report " Audio tapes (copy) 25.00 1101.4221 Video tapes (copy) 35.00 " CD ROM (copy) 25.00 Other Police charges: Contractual security 69.00 per officer per hour 1116.4234 Contractual security admin. fee (5 %) 3.45 per officer per hour 0501.4228 BCA urine or blood test kit 10.00 1101.4691 Dog license database CD — Excel listing of dog owners 40.00 1101.4221 Police records check/clearance letters /certified copies Law enforcement agencies no fee Non -law enforcement agencies 5.00 1101.4221 Repeat nuisance call, for third and subsequent calls 250.00 per call 1101.4215 in a 365 -day period City of 8ap FIRE DEPARTMENT CHARGES Fire reports: Personnel /Equipment: Personnel Chief's vehicle, rescue truck, grass rigs Engine, Tender emergency support vehicle, heavy rescue Command vehicle, aerial Safety house: Within City limits Outside City limits - house, manpower (minimum 2 firefighters) Hazardous material containment/cleanup Personnel Supplies Equipment Hazardous Material Standby on hit gas line, under conditions of improper digging Personnel Equipment Rescue boat Fire key Knox box "Fire Department Connection" sign Fire Extinguisher training: Up to 20 trainees Each additional 20 trainees Special Event Standby Personnel Fee Acct Code $ 0.25 per page 1221.4221 45.00 per hr (1 hr min) 1221.4242 175.00 per hr (1 hr min) 1221.4242 300.00 per hr (1 hr min) 1221.4242 600.00 per hr (I hr min) 1221.4242 no fee 275.00 per day + 45.00 per FF 1221.4242 45.00 per person per hour 1221.4242 (one hour minimum) actual cost per equipment rates above 1213.4242 45.00 per person per hour 1221.4242 per equipment rates above 1221.4242 175.00 per hour (1 hr min) 1221.4242 actual cost 1221.6220 actual cost 1221.6220 150.00 1221.4242 50.00 " 1](0 45.00 per person per hour 1221.4242 VIPCityflapn 2014 Fee Schedule EQUIPMENT RATES Hourly Rate Acct Code Equipment: (does not include operator labor) Passenger Vehicle $ 36.00 $ -34.09 xxxx.4242 Pick -up truck 36.00 34.08 xxxx.4242 One -ton dump truck 40.00 38-98 " Single -axle dump truck 45.00 " Tandem -axle dump truck 100.00 " Bucket Truck 55.00 " Two -ton truck with crane 103.00 " Aquatic Plant Harvester / conveyor 100.00 " Tractor 45.00 " Backhoe /loader 60.00 " Front -end loader 85.00 " Street sweeper 85.00 " Roller 20.00 " Roller (5 -ton) 30.00 " Paver 95.00 " Air compressor 40.00 " Sewer jetter or sewer rodder 192.00 1 86.08 " Sewer vacuum /jetter 219.00 212.00 " Groundsmaster mower 32.00 " Sprayer boat 32.00 " Pump, 6" 50.00 488 " Pump, 8" 55.00 5899 " Skid loader 60.00 " Chipper 25.00 " Tanker 60.00 " TV camera - service (1 hour minimum) 219.00 2100 " TV camera - main line (1 hour minimum) 285.00 276.08 " Generator, 50KW per hour 52.00 50.00 " Generator, 85KW per hour 88.00 8588 " Small equipment per hour 31.00 30.00 " Ground thawing trailer per day plus propane 103.00 100.09 " Trenchbox and trailer per day 206.00 289.09 " Watermain break trailer (red) per day plus supplies 103.00 100.00 " Sewer pump hose trailer per day 103.00 400.09 " Special events needs: Type I barricade 1.05 per unit per day " Type II barricade 2.77 " Reflectorized plastic safety drum .85 " Weighted traffic channelizer .40 " Traffic cone .25 " Standard traffic sign with support 2.20 " V-1 q qkCflyflayn 2014 Fee Schedule STAFF RATES: Hourly Rate Acct Code Department Director 150.00 xxxx.4242 Assistant City Administrator 125.00 " City Engineer 130.00 " Maintenance Superintendent 125.00 " Assistant City Engineer 120.00 " Transportation Operations Engineer 125.00 110.00 " Sr. Building Inspector 120.00 " Fire Marshal 120.00 " Fire Inspector 100.00 Building Inspector 100.00 " Maintenance Supervisor 100.00 " City Planner 125.00 " Planner 95.00 " Water Resources G004nater Manager 110.00 i 00.00 " City Clerk 95.00 " Police Officer - dangerous dog hearings 90.00 " Water Resources Specialist 90.00 " Water Resources Technician 80.00 " Code Enforcement Technician 80.00 " Construction Project Coordinator 95.00 " Utilities Construction Inspector 80.00 " Engineering Technician 85.00 " GIS Technician 90.00 " Animal Control Officer 60.00 " Maintenance Person - regular 65.00 " Maintenance Person - overtime 95.00 " Intern /Seasonal 45.00 " Survey crew (includes vehicle and equipment): 2- person 135.00 " 3- person 160.00 " Clerical Tech 60.00 " CITY ATTORNEY RATES Dougherty, Molenda, Solfest, Hills & Bauer P.A. General legal $ 141.03 $ 137.59 Paralegal fees 100.00 94.99 Development - related work 216.95 21 -1.65 City Council /APC meetings 446.65 435.93 per meeting 9001.2245 City ofEapn 20134 Fee Schedule MISCELLANEOUS FEES /CHARGES Dangerous Dog hearing actual costs based on staff time (see Equipment & Staff rates section) for hearing and written recommendation, for City Clerk, Animal Control Officer, and Police officer, to a maximum of $1,000 Dangerous Dog hearing escrow (in advance of hearing) 1,000.00 9001.2250 Data processing reports actual cost +10% 0201.4230 Digital image photocopies (pictometry not included) Color 3.00 per page 0720.4230 Black & white .25 per page " Certification of City Document (Photocopy charges are additional) 5.00 " 99 Fee Acct Code Animal pickup $ 20.00 1101.4212 Animal impound 4.00 per day over amount 1101.4212 billed to City by pound Antennae - Radio, Satellite, Microwave and PCS: One -time fees: Application & Frequency Analysis 550.00 per site xxxx.4618 Site survey review 550.00 per site xxxx.4617 Administrative Process & Construction Inspection actual costs with 3,000.00 per site minimum xxxx.4617 Landscaping 3,000.00 per site xxxx.4619 Lease /rent rates: 1 -9 antenna panels 30,293.74 per site per year xxxx.4620 Each additional antenna panel 3,366.56 per site per year xxxx.4620 1 -3 microwave /satellite dishes or whip 30,293.74 per site per year xxxx.4620 antennae (includes up to 3 antenna panels at no extra cost) Maximum dish size - 24" diameter Ground space only lease (16 sq. ft. minimum charge) Exterior space 40.00 per square foot per year xxxx.4620 Interior space 80.00 per square foot per year xxxx.4620 Monopoles varies depending on size /location Scheduled after -hours work (M -F 7:00 am to 3:30 pm) OT labor rate + 15% admin fee (maximum admin fee Call -out - 2.5 hour minimum of $60.00) Audio tapes - Board /Council meetings actual costs Certification fee for unpaid false alarm, noxious weed, refuse 25.00 per parcel xxxx.4612 removal, board -up, and diseased tree removal bills Penalty for late payment on items to be certified 10% of invoice amount 0501.4228 City Plans /Policies: Comprehensive Plan 2030 125.00 0720.4230 Special Area Plans 0.25 per page 0201.4230 Comp. Water Supply /Distribution Plan 80.00 6101.4230 Comp. Sanitary Sewer Policy /Plan 80.00 6201.4230 Comp. Storm Water Management Plan 80.00 6401.4230 Landscape Policy, Shoreland Zoning Ordinance, Sign Regulations or Tree Preservation Policy 0.25 per page 0720.4230 Transportation Plan 80.00 6501.4230 Water Quality & Wetlands Management Plan 80.00 6501.4230 Conduit lease .02625 per linear foot 9225.xxxx Dangerous Dog hearing actual costs based on staff time (see Equipment & Staff rates section) for hearing and written recommendation, for City Clerk, Animal Control Officer, and Police officer, to a maximum of $1,000 Dangerous Dog hearing escrow (in advance of hearing) 1,000.00 9001.2250 Data processing reports actual cost +10% 0201.4230 Digital image photocopies (pictometry not included) Color 3.00 per page 0720.4230 Black & white .25 per page " Certification of City Document (Photocopy charges are additional) 5.00 " 99 CilyofEaQan 2014 Fee Schedule MISCELLANEOUS FEES /CHARGES (cont'd) Domestic partnership registration: Fee Application (includes Registration Certificate) $ 25.00 Duplicate registration 5.00 Filing of amendment to existing registration 25.00 Filing of notice of termination to existing registration 25.00 Certified copy of registration, amendment or notice of term. 5.00 per document "Eagan on Deck" playing cards Extension fee for variance, CUP, or recording of a Plat or Subdivision False alarm charges - commercial and residential: First 3 false alarms per year Each false alarm after 3 Fee schedule Invoicing charge 5.00 75.00 no charge 100.00 0.25 per page 15% to max. of $10.00 Acct Code 0401.4668 0905.4666 0720.4206 1101.4214 0501.4230 0501.4228 Lodging tax 3% of gross receipts ECVB 9001.2210 (5% City admin fee) 0501.4247 Mailing labels 1.50 per label 0201.4230 Inspection /administrative fee 50.00 City- initiated corrective or clean -up work (e.g., noxious weed or refuse removal, board -ups, diseased tree removal) Maps: City map: First one Each additional Section maps: 1/ section - property only '/ section - property and planimetric '/ section - property, planimetric, and contours 1/8 section - prop., planimetric and contours '/ section - aerial photo (black and white) '/ section - aerial photo (color) section - property only Trunk water or sewer system map Water quality classification map Specialty maps Zoning or Comp Guide maps: 15 x 22 color 22 x 34 color GIS Utility As -Built (1/2 section - digital format) National Night Out map Location Plan map GIS existing map Other digital data /mapping free 2.00 0201.4230 10.00 xxxx.4230 50.00 " 150.00 " 40.00 " 6.00 " 12.00 5.00 " 2.50 " 5.00 " Based on staff rates, p. 25 5.00 " 15.00 " 40.00 25.00 " 40.00 per page " 25.00 Based on staff rates, p. 25 v IkCltyflayn 2014 Fee Schedule MISCELLANEOUS FEES/CHARGES (cont'd) Fee Acct Code Land Use Study copy 50.00 xxxx.4231 Notary seal (non -City business): First 5 All Seals €ask} +E+�al > 6=1 1.00 0.50 each 0201.4230 adrift Patch —Eagan Historical Trail 1.00 each Photocopies — B &W — up to 100 pages 0.25 per page 0201.4230 Photocopies — B &W — in excess of 100 pages Allowable costs as calculated per State law 0201.4231 Photocopies — Color 1.00 per page 0201.4231 Plans and Specifications 60.00 minimum, varies xxxx.4230 by contract Research of City records (beyond readily Allowable costs as calculated per State law xxxx.4231 available material) Parking restriction - sign bagging fee 50.00 2001.4691 Street Closure 25.00 + deposit 2001.4691 Deposit 25.00 9001.2255 Returned check or ACH transfer fee 20.00 0501.4210 Zoning letter 100.00 per parcel 0701.4242 I Agenda Information Memo December 17, 2013 Eagan City Council Meeting B. VARIANCE — 586 TODD AVENUE (BRANDON SMITH) ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) of a Variance of approximately 17' to the minimum required 50' structure setback from a public right -of -way to allow a garage addition for property located at 586 Todd Avenue, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: ➢ The property contains a single - family home with attached garage with access from Todd Ave. to the north. Hwy. 3 abuts the property to the east. ➢ The improved portion of Todd Avenue ends west of this property as it curves to the north onto Tamie Avenue. A driveway extends over the unimproved portion of the Todd Avenue right -of -way to serve this home. ➢ The applicant proposes a 16' x 23.5' addition to the east side of the garage. The east side lot line abuts Hwy. 3 and is not a straight line. It angles into the lot on what appear to be historical boundaries of quarter section lines. ➢ This odd configuration of the lot line is a condition unique to this property and appears to create a practical difficulty in meeting the required 50' structure setback from the east side lot line. ➢ The proposal appears to satisfy maximum lot coverage, structure size and impervious coverage standards and the requested Variance does not appear to result in detrimental effects to neighboring properties or the public. ➢ An existing shed in front of the property on the unimproved portion of the Todd Ave. right -of -way will need to be relocated onto the property to a location that complies with City Code standards. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: January 20, 2014 ATTACHMENTS: (2) Location Map, page 2�`l Planning Report, pages 6- through �L�j Location Map oak d - - Y.nk.. Doodle Rd "3 Ir 1 ,LA3 N. mA - O o F a South•Oak s -Par0' _ w - --- 'O D- �PF D - cnrce -1 W .S-AMMO-32- a A R R TAMIE AVE = X11 tt � J Subject Site - Z �. 'Holz Farm Park: _ ..° \� W "y ' tie �O Jv ON HILLS PL '' QQ- e �P UP E RED PINE LN U�\ � e LANE 0 + !V V� M W- WHITE PINE WAY ea Z Hidden Corner Park - m - o Feet Project Name: Smith /586 Todd Avenue 0 250 500 1,000 Request: Variance Legend Case No: 36- VA- 12 -11 -13 O PARCELS 08 -2013 Buildings Z\ Parks City of Eap Boundary �City N 8 �- PLANNING REPORT CITY OF EAGAN REPORT DATE: December 12,200 APPLICANT: Brandon Smith PROPERTY OWNER: Brandon Smith REQUEST: Variance LOCATION: 586 Todd Avenue COMPREHENSIVE PLAN: LD, Low Density ZONING: R -3, Single - Family Residential SUMMARY OF REQUEST CASE: 36- VA- 12 -11 -13 HEARING DATE: December 17, 2013 APPLICATION DATE: Nov. 21, 2013 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Variance of approximately 17' to the minimum required 50' structure setback from a public right -of -way to allow a garage addition for property located at 586 Todd Avenue, legally described as Lot 9, Block 1, Lakeview Trail Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. Planning Report — 586 Todd Ave. (Brandon Smith) December 17, 2013 d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minirnurn variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Sec. 11.60, Subd. 5G provides that in the R -1 zoning district, the minimum required building setback is 50' along an interstate or state highway or major thoroughfare. BACKGROUND /HISTORY The property was platted in 1992 and the single - family home was constructed the same year. EXISTING CONDITIONS The property contains a single - family home with attached garage. Access is from Todd Avenue to the north. While the Todd Avenue right -of -way extends along the full width of the property, the improved portion of Todd Avenue ends west of this property as it curves to the north onto Tamie Avenue. A driveway extends over the unimproved Todd Avenue right -of -way to serve this home. A shed is located in front of the house within the Todd Avenue right -of -way. This shed is nonconforming, since detached accessory structures may be located only within side or rear yards, and cannot be located in a public right -of -way. The shed should be relocated onto the property and in a location that complies with City Code standards. A Zoning Permit or Building Permit, depending on the size, shall be obtained prior to moving the shed. Jo r Plamiing Report — 586 Todd Ave. (Brandon Smith) December 17, 2013 Page 3 EVALUATION OF REQUEST Proposal — According to the submitted narrative, the applicant proposes to add a 16' wide and 23.5' deep addition to the garage. The lot has an odd configuration in that the east side lot line angles into the lot. It is not clear why the lot line jogs in this way. The two legs of the angled jog are quarter section lines, and it is likely that the boundary of this lot follows a historical division of the land. In any event, the adjacent right -of -way line abutting Hwy. 3 is not a straight line and this odd shape of the lot appears to create a practical difficulty in meeting the structure setback. The existing setback at the rear corner of the garage is 55 feet. At the front corner where the lot line angles into the property, the existing garage setback is approximately 45'. The applicant is proposing to extend the garage 16' closer to the right -of -way. The proposed setback at the closest point to the property line is approximately 33 feet. Lot Coverage — The existing building occupies approximately 1,432 s.f. or 9.7 % of the lot area. The proposed 16' x 23.5' addition would add 376 s.f., bringing the lot coverage to 1,808 s.f. or 12.2 %. This is below the R -1 maximum of 20 %. The property is located within the Shoreland Overlay District of Fitz and Holz Lakes. As such, impervious coverage is limited to 25% of the lot area. The proposed garage expansion and associated driveway will increase the impervious cover on the lot. The resulting impervious coverage is estimated to be close to 20 %, which is well below the 25% allowable. Compliance with the Shoreland Ordinance should be demonstrated at the time of Building Permit application. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. A single family dwelling with an attached garage is present on the site. The surrounding area is developed with similar single - family homes with two and three -stall attached garages. Thus, a reasonable use presently exists on the site, and likewise, the proposed three -stall use also appears reasonable in the context of the surrounding area. o Planning Report — 586 Todd Ave. (Brandon Smith) December 17, 2013 Pate 4 The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, or the intent of the Zoning Ordinance. The purpose of the building setback provision is to prevent the overcrowding of properties, provide consistent sight -lines and to provide green space. The request is to reduce the yard requirement. Since the property abuts a state highway, and building coverage standards are satisfied, the proposal does not appear to result in overcrowding or lack of green space. The site abuts Hwy. 3, a condition shared by other properties. The irregular shape of the east side lot line, however, is unique to this site. The proposed garage addition will result in more off - street enclosed parking and storage area for the property. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. There is no visibility issue, or conflict with easements or utilities. At 816 sq. ft., the resulting size of the attached garage would not be out of character for the neighborhood, and appears to comply with maximum building and impervious coverage standards. APPLICANT'S PRACTICAL DIFFICULTIES The applicant's narrative states that most of the homes in this neighborhood have larger 3 -stall garages, and the proposed addition "will help tie this home aesthetically to the community, and add tax value to the existing property." The odd configuration of the east lot line results in a smaller setback than would be the case if the property boundary were a straight line. SUMMARY /CONCLUSION In summary, the applicant is proposing a 16' x 23.5' garage addition which would be set back approximately 33 feet from the east side lot line. The Variance is requested due to the irregular east lot line abutting State Hwy. 3. The proposed addition will provide additional off - street enclosed parking and storage space. The proposal does not appear to create detrimental impacts to the neighboring properties or the public. The existing shed presently within the Todd Ave. right -of -way should be relocated onto the property in compliance with City Code. ACTION TO BE CONSIDERED To approve a Variance of approximately 17' to the minimum required 50' structure setback from a public right -of -way to allow a garage addition for property located at 586 Todd Avenue, legally described as Lot 9, Block 1, Lakeview Trail Addition. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. t Planning Report — 586 Todd Ave. (Brandon Smith) December 17, 2013 Page 5 Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A Building Permit is required prior to commencing construction of the garage addition. 3. The addition shall be constructed of materials and architecture to match the principal structure. 4. The shed shall be relocated onto the property and in a location that complies with City Code standards prior to issuance of the Building Permit for the garage addition. Depending on the size of the shed, either a Zoning Permit or Building Permit shall be obtained prior to moving the shed. Locati ®n MaR W _ 1 L.-Oak d OT .s• 1 Vank.. Ooodi. Rd _ South -Oaks Park. W DIM.YRd W , OIIIrR O X Q LLQ of ■ Q W t A A�. R R TAMIEAVE -_- J _ Subject Site W' xFlolz Farm Park ' W O1 ° Clir� Jv ON HILLS PL g �O C� P E RED PINE U — a LANE v e 00 > M WWHITE PINE WAY z Hidden Corner - Park o } _ O U p W 4 -. Feet Project Name: Smith /586 Todd Avenue 0 250 500 1,000 Request: Variance Legend Case No: 36- VA- 12 -11 -13 PARCELS 08 -2013 Buildings Parks City qn City of 1Jap N ',IpCltyBoundary Oko * City Of EBp (current Zoning and Land Use Map Application: Brandon Smith Type: Variance Case No.: 36- VA- 12 -11 -13 Zoning R -1 Single - Family Land Use Plan LD Low Density N 0 300 600 1,200 Feet R -1 r: Subject Site R -1 c.S PF \III LD n I PSI Subject Site . `sm RED j' CA N lk t LL t� -a 4�s l Mae J" co s tD P - - � �� �• r.-� � *' '� �` Jai ', ' 3 . ., i CO cu CL :. T - - f _ c - 'S • _ 5- 4� � r'�? f .fit �L'�- ,: - _ �i 'a 912 427 8788 Net HOINN[AND ASSOCIATES, INC. "ID SCR QE�YORS P 0. BOX 33026 -COON RAPIDS, MINN. 68433 421-7022 10731 ]MISSISSIPPI BLVD. N.W.r COON RAPIDS, MN -0 DendteB Iron CERTIFICATE OF SU[4M! 94 qP Denotes Lath S. W. WOLD CONSTRUCTION INC. 93g,� Denotes existing elevation $. n4 "Q�vir �•'r / f./ . „� proposed - evation 30 r a'" • 4 � � d V o Lot 9r D1ook I r Prop. garego 1' 1PT LMEVI EW 'TRAIL AD T1 No d,2. , , �1 942.5 Prop. top of lo - Dakota County, MN 932,E 942.$ Prop* lows t� level - 1 HIMEBY CERTIFY THAT THIS IS A TRU! &Nls CORRECT WRSSENTAi14N pP SURVEY OF T 6DUKpAM 10 OF THE A @DYE OESCRIRIED LAND. AND THE staking of a proposed bu/Id ng. At SURVEYED NY u! THIS-- 23rd ..DAY OF ....... NUV...... @i ..A.D. 19.e9 ... IHIM ................11.,11...1.... RVISED Nov. 27 NX. H0111M AND At: Sr 9 1992 /fir( r uu uu.nn.u. . �...• 1..111 .� . ,.ql1/t1nn.N........ »du►..l e/lun.eal/.. /.....e..1 I(1M�esta lilyteMllAn ldo, . . .�.1•....N1.1.H1 P02 R -96% 612 427 8768 12 -01 -92 04:00FM P002 #40 a� a m 3 U) 0 66 SS o N •X � W V t t17 � O N r O lCo N N U) z X>s w °o (L Q v Ll U uapenal3 m w c o - o - m v c Uo Va w �- -- ------- - --r -- - - - - - -- L—I- m I I w�3 I I I I I I I I I q� I L v ca v o � v� QC N pj Ln E <1(1 QWUILu I �Z I I I � - 1 I r m °I IL NI N I I I I � Ir m - cV — J s✓ i II u f I ° O I ov I mt0 �'z I _� I L—I- m I I w�3 I I I I I I I I I q� I L v ca v o � v� QC N pj Ln E <1(1 QWUILu I �Z I I I � - 1 I r m °I IL NI N I I I I � Ir m - cV — J s✓ i II u f "4l�) v N L 0 v o � v� c� N ; o — yu, QO �t6 < Co ltl lU �o 0 c 0 U N U) N N O i r II m a Lai r q `� 0 v O N Ud l) Ul E < N <CQUlW m Sgi °g ,wua C-4 'b L l-3 Luf ce- - ; OR - I I� I U N L O U +� V O N v� � N LO N . r- > l!1 LO d W In W r m +.D 7n 11 -18 -2013 586 Todd Avenue Eagan, MN 55123 Property ID: 10- 44330 -01 -090 Legal description: Parcel A: That part of Lot 9, Block 1, Lakeview Trail Addition, lying East of the West line of the Northeast Quarter of Section 36, Township 27, Range 23, Dakota County, Minnesota (Torrens) Parcel B: Lot 9, Block 1, Lakeview Trail Addition, Dakota County, Minnesota (Abstract) Description of Request: We moved from up North in Duluth MN where we had a 4 stall garage with ample space for all the biking, hunting, and camping equipment that we own and use frequently. We chose to move to Eagan because we were very impressed with the school district for my 6 year old son and because of Lebanon Hills. The home we purchased in August was not exactly what we were looking for, but we saw that there was potential to add on to this property to make it our dream home. Our plan was to add on a 16'X23' attached garage addition to match the existing 1 % stall garage. This would help with the storage of our outdoor equipment which is now being stored in our laundry room which doubles as a wood shop. Once we are able to move the wood shop and the outdoor equipment to the garage we will use the open space in the laundry for an exercise area. The exercise area is currently in the 3`d bedroom, but after we moved in we found out that we were going to have another baby so the 3`d bedroom will now be the baby room. With the sudden addition to our family we are quickly growing out of our new house. In the neighborhood we live in most of the homes have larger 3 stall garages. This addition will help tie this home aesthetically to the community, and add tax value to the existing property. The original timeline was to have this addition finished by the end of September, but with a few hick -ups involving the first contractor backing out and disappearing things were pushed to the end of October. Now the existing garage sits with the siding stripped and half of the roof missing shingles awaiting the addition. With winter quickly approaching I hope to have this matter resolved quickly to help deter the building from any damage. As you will notice in the survey... there is a triangular jog in the property coming off of Highway 3. The measurements are being taken from this jog in the property and that is why I am in need of a variance. Also in a satellite picture of the neighborhood you will notice on Tamie Avenue and Sweet Street that there are several properties which fall closer to Highway 3 than what I am proposing to build. With all these things considered I would like to ask you for this variance. Thank you for your time. Sincerely, Brandon, Dessa, and Aiden Smith IRECEIVED 'NOV 2" t 2. 13 Agenda Information Memo December 17, 2013, Eagan City Council Meeting C. VARIANCE — PARADISE CAR WASH ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) a Variance to allow a detached trash enclosure for property located at 1355 Town Centre Drive, subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The site was developed in 1988 with a car wash facility. A Conditional Use Permit (CUP) to allow the car wash and motor fuel sales was approved the same year. ➢ A Building Permit was issued in 2013 for a major exterior renovation. Staff notified the contractor and owner during review of the permit that the City Code required the trash container to be stored indoors or in an enclosure attached to the building. ➢ The applicant has stated it is not feasible to store the container indoors (as originally approved) and that the site layout and circulation patterns do not allow a practical location for the trash enclosure to be attached to the principal structure. ➢ The applicant has stated the trash receptacle has been in the same location since 1989. ➢ The adjacent properties to the north and south have detached trash enclosures. ➢ The proposed detached trash enclosure would bring the site closer into compliance with City Code as the structure would be constructed of materials to match the principal building. ➢ Additional landscaping would further improve the site's aesthetics given the visibility of the proposed trash enclosure from Town Centre right -of -way. ➢ It does not appear that granting of the Variance would result in detrimental effects to the neighboring properties or the public. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: January 20, 2014 ATTACHMENTS: (2) Location Map, page �C)o Planning Report, pages 1O t through G� 1 Location Map Project Name: Paradise Car Wash Request: Variance Case No: 15- VA- 13 -11 -13 City of Evan 100 Feet 0 500 1,000 2,000 Legend PARCELS 08 -2013 Buildings /\ Parks 1631i City Boundary N PLANNING REPORT CITY OF EAGAN REPORT DATE: December 12, 2013 APPLICANT: Paradise Car Wash PROPERTY OWNER: Paradise Partners LLC REQUEST: Variance LOCATION: 1355 Town Centre Drive CASE: 15- VA- 13 -11 -13 HEARING DATE: December 17, 2013 APPLICATION DATE: Nov. 21, 2013 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: CSC, Community Shopping Center The applicant is requesting approval of a Variance to allow a detached trash enclosure for property located at 1355 Town Centre Drive, legally described as Lot 1, Block 1, Town Centre 70 Tenth Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. 0 Planning Report — Paradise Car Wash Variance December 17, 2013 Paize 2 e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The Variance language in the City Code also contains the following: Subd. 3, A. "Practical difficulties" as used in conjunction with the granting of a variance, means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Subd. 3, B., 3. A variance will be denied when it is not in hannony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. BACKGROUND /HISTORY The property was platted in 1988 with the creation of one lot and one outlot. A Conditional Use Permit (CUP) was also approved that same year to allow a car wash and motor fuel sales. A Building Pen-nit was issued in 2013 for a major exterior renovation project. During review of the Building Permit staff notified the owner and contractor that trash and recycling containers are required to be stored indoors or in an enclosure attached to the principal building. EXISTING CONDITIONS The subject site is 2 acres and consists of a 16,300 sq. ft. car wash. The property abuts I -35E right -of way to the west and takes access from Town Centre Drive to the east. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: G as Planning Report — Paradise Car Wash Variance December 17, 2013 Page 3 Surrounding properties are zoned CSC, Community Shopping Center, and guided RC, Retail Commercial. Surrounding development consists of other auto related business (Eagan Auto Mall, Super America gas station), a discount retailer (Wal -Mart) and a fast food restaurant (McDonalds). EVALUATION OF REQUEST Compatibility with Surrounding Area — Community Shopping Center districts are intended for large scale retail commercial sales and services. As previously mentioned, a CUP was approved to allow a car wash at this site. Trash Enclosure — City Code requires that trash enclosures be attached to the building in commercial retail areas. This proposal detaches the trash enclosure and locates it to the southeast corner on the outside of the drive aisle, in an existing parking stall. This location places the enclosure at a setback of approximately 70' from Town Centre Drive. VARIANCE The Zoning Ordinance states that relief may be granted from a required ordinance provision where practical difficulties result from carrying out the strict letter of the regulations of such Code provision, provided "the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties." The Zoning Ordinance states that relief may be granted provided the applicant proposes to use the property in a reasonable matter not permitted by the zoning provisions of the Code. The applicant is proposing to construct a detached trash enclosure. As previously mentioned the CSC zoning district requires trash and recycling containers to be stored indoors or in an enclosure attached to the principal building, as was depicted on the original Building Permit plans. There is a car wash with a garbage dumpster present on the site. Enclosure of the dumpster would further bring the site into compliance with City Code and is a reasonable use. The Zoning Ordinance states relief may be granted provided the plight of the applicant is due to circumstances unique to the property not created by the applicant. The property is a narrow lot with two fronts along I -35E and Town Centre Drive. Due to the existing building location and site constraints (drive aisles and topography) it would be difficult for the applicant to attach the trash enclosure in a location that would not create conflicts with vehicular or pedestrian traffic. The proposed location for the enclosure, although detached, appears to be the most reasonable. `D3 Planning Report — Paradise Car Wash Variance December 17, 2013 Page 4 The relief sought by the applicant does not appear to be contrary to the Comprehensive Guide Plan, and appears to be consistent with the intent of the Zoning Ordinance. That is, the purpose of the attached trash enclosure or location of the trash enclosure indoors is to reduce the visibility of a dumpster from high traffic areas and to maintain high quality aesthetics. Since the request is to improve the aesthetics of the existing situation, that is, enclosure of a dumpster, it appears to follow the intent of the ordinance. Both the adjacent properties to the north and south have detached trash enclosures, although those trash enclosures are located at the furthest points possible from Town Centre Drive. As previously mentioned, the built environment of this site limits the flexibility of locating the trash enclosure elsewhere. Given the front yard location of the enclosure and visibility from Town Centre Drive, the applicant should plant evergreen shrubs which will soften the view of the detached structure and further improve the site's aesthetics. The property for which the variance is requested is otherwise not in compliance with City Code. Staff conducted a site visit for this request and noticed three rooftop mechanical units were visible from the right -of -way. During the Building Permit review for the 2013 exterior renovations, the applicant's contractor stated the rooftop mechanical units would be screened by the new parapet and if not, they would build a screen wall. City Code requires a physical screen to be -' used in combination with the parapet wall if all mechanical equipment camiot be fully screened by a parapet design. This is the requirement for major remodels defined as where 50 percent or more of a building's long side or front facade area is surfaced with new exterior materials. APPLICANT'S PRACTICAL DIFFICULTIES The applicant's narrative states, "Although the building is relatively large in area, the functionality and traffic flow around the building make attaching the trash enclosure to the building very difficult. Due to the extensive exterior renovation, attaching the enclosure does not provide for a practical nor aesthetically pleasing solution." 4OH Planning Report — Paradise Car Wash Variance December 17, 2013 Page 5 SUMMARY /CONCLUSION In summary, the applicant is requesting a Variance to allow a detached trash enclosure. The proposed enclosure would be constructed of materials that match the principal building and meet setback requirements. The existing structure and the site operation limit the flexibility of the trash enclosure location. The proposed location appears to be reasonable and with additional plantings will provide an improved appearance over existing conditions. ACTION TO BE CONSIDERED To recommend approval of a Variance of a detached trash enclosure for property located at 1355 Town Centre Drive. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A Building Permit shall be required prior to construction of the building. 3. The building shall not exceed the size shown on the proposed Site Plan received November 11, 2013. 4. All mechanical equipment shall be screened from views from off the site, with a physical screen, consistent with the provisions in the City Code by June 1, 2014. 5. The proposed trash enclosure shall be designed to match the existing materials of the car wash. 6. The applicant shall submit a Landscape Plan for city staff review and approval that incorporates evergreen shrubs to screen the detached trash enclosure from Town Centre Drive right -of -way by June 1, 2014. �OG lam GBib av 0 0�0 a 0 U ' Quarry-Park- NKEE DOODLE ROAD Locati ®n Map Project Name: Paradise Car Wash Request: Variance Case No: 15- VA- 13 -11 -13 City of Evan �D(0 ■ ■ ■ ■ ■■ V ■ ■■ ■■■e■ ees ®e ■ ■ ■ ■ ■ ■e /►Oa ®1 :■■■■■■es .off eee ■ ■ ■ ■■ _ no" d ■ra Feet 0 500 1,000 2,000 Legend PARCELS 08 -2013 Buildings /\ Parks City Boundary N Current Zoning and Land Use Map Ci f of Eain Application: Paradise Car Wash Type: Variance Case No.: 15- VA- 13 -11 -13 Zoning CSC Community Shopping Center Land Use Plan RC Retail Commercial N 0 300 600 1,200 Feet y r► . .1 h ' IIWI 111111 11111 ,•� • • ..�: RG nnil nnu un MWIM, ion D ion j MA { Ao` -k p- liN f� \ s2 ffjJ � 4 _ I �b c�- - 'ur y' i A 4 fi �x � r D r m r D O z SITE PLAN r ^ Be 7E r F > �/ r o 9 �rrrrrrrrrrrrrrr rr B' tl Z .1 � e IMP r� D Z 1 O E ARCHITECTS INC. PROPOSED PA TRASH ENCLOSURE FOR: a �ie r�ie ►�+ � eo�.evww. «i.mw4 ew uoo PARADISE CAR WASH roniesoe. ®.oi.vo,,, rwaeeo wunreu maoo>oa Eagan, Minnesota ~ 1�-3 0 o C:) a z o ARCHITECTS INC. PROPOSED PA TRASH ENCLOSURE FOR: a �ie r�ie ►�+ � eo�.evww. «i.mw4 ew uoo PARADISE CAR WASH roniesoe. ®.oi.vo,,, rwaeeo wunreu maoo>oa Eagan, Minnesota NARRATIVE Variance Proposal Paradise Partners, LLC is the owner and operator of all the Paradise Car Washes in the metro area, including the Eagan location. In 2013 we renovated the exterior of the building located at 1355 Town Center Dr. During the permitting process with the City of Eagan for the renovation, we discovered that our building was not in compliance with the Land Use Regulations 11.70 Subd.21 D7. This regulation deals with Enclosures and Trash Recyclables. Paradise Car Wash is in Zoning District CSC. This section of the City Code states that all trash enclosures shall be attached to the building. Although the building is relatively large in area, the functionality and traffic flow around the building make attaching the Trash Enclosure to the building very difficult. Due to the extensive exterior renovation, attaching the enclosure is does not provide for a practical nor ascetically pleasing solution. While attaching the Enclosure would probably be financially advantageous, it would greatly diminish the functuality and appearance of the building. We are proposing a detached enclosure constructed with the same exterior as the renovated building. The enclosure would be located behind a landscape berm on the Southwest corner of the property. This is the same place the trash receptacle has been since 1989. The timing of the construction would be as soon as weather permits. X 1 0 Allowing the variance would not alter the essential character of the locality. Both neighbors on either side of our building have detached enclosures.(McDonaIds, and the Auto mall). It is Paradise Car Washes proposal to use the property in a reasonable manor not allowed by the zoning provisions of the afore mentioned code. Thank You for your consideration. Steve Smith Paradise Partners Agenda Information Memo December 17, 2013, Eagan City Council Meeting VI. OLD BUSINESS A. COMPREHENSIVE GUIDE PLAN AMENDMENT — GREGORY PREUSSE 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 (1 -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 �� ) Draft November 26, 2013 APC Meeting Minutes on page Planning Report, pages \15 through 1 &(l Letter of objection, page. `AVT `\ c7. ortonm// Location 8 on Subject Site jwvan ILA Project Narne:Preusse/4135 <]|d Sibley Hwy Request: Comprehensive Guide Plan Amendment Case No: 18-CG'O04O43 | `��~ pHn0fDUU0l \\~� �� �� 'M INme IMMIMM Feet 0 500 1,000 2,000 Legend PARCELS 08-2013 ovnm"o" J�xll � Parks 6'� �N n | MWEEMMERNIMI Feet 0 500 1,000 2,000 Legend PARCELS 08-2013 ovnm"o" J�xll � Parks 6'� �N n | 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 presented in the City Staff report dated November 12, 2013. She noted the background and history. Member Piper with the mottoi °t`o t favorableh I'll he shares 06hee sshared jby Member Vanderpoel but was comfortable Lse the de�pment pla swill be before the APC if the City Council is am r. Motion carried 7 -0. 1H 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. os Planning Report — Preusse CGA November 26, 2013 Paee 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: MV 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 MV 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 etation — 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. \\9 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- IS), Two Family (R -2), Townhomes (R -3) and Multiple Family (R -4). The concept plan identifies a multiple family development. W Planning Report — Preusse CGA, November 26, 2013 Paize 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. �l °I 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). t a( Planning Report — Preusse CGA November 26, 2013 Page 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. t DLt Planning Report — Preusse CGA November 26, 2013 Page 8 ACTION TO BT 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. Ga. D-� •.. r .-•1111 ��® . . INA - - -- - ®®► ® ® ® ®. ® ® ®i�. ® ®a ®A ® ® ®s ®�® �® ® ®ss ®,® ®.off D-� Current Zoning and Land Use Map *CityffEaP Application: Preusse Type: Comprehensive Guide Plan Amendment Case No.: 19- CG- 06 -10 -13 Zoning BP Business Park Land Use Plan BP Business Park N 0 300 600 1,200 Feet P �' L� \ G ° R p�Y' R -1 % PD G11 BP I -1 0 RAPI H 0 Subject Site PD G AG� ®iTi 1�7� rIND 1MIXED 1 \ X 7�1 D 1 1�\ MD �B mit �n Qq Subject Site mu AM ,F '?rn, e, ,rte L 0 ax "� si'���'�_� s�L �����,� � _ fi - �: ��} � �{,� � ..St a € f a M >;y - }.• �5a �,� '� .� Ac l - k7 FX f OTM V O a; qq ti. '� •;yam -'�� - '�i - �' S ` r 1 .,r � f i\ l yj 5 l AM ,F '?rn, e, ,rte L 0 ax "� si'���'�_� s�L �����,� � _ fi - �: ��} � �{,� � ..St a € f a M >;y - }.• �5a �,� '� .� Ac l - k7 FX f OTM V O a; qq ti. '� •;yam -'�� - '�i - �' S ` r 1 .,r � f m En el- m Cl CD c's B� c.:UN UE F I FLAN gv -- -- - T----- - -Y 1p 4 � £ i XF0 CL S n i N C n iD' � a� Ln C O to "h fD vin o � a � � o Q t � a f E \ � IgIII3i�f r?I Z \ l g i O N 4 : R i4 iD' � a� Ln C O to "h fD vin o � a � � o Q 11/24/2013 From: Marvin and Ann. LeNoble 2165 Cool Stream Circle Eagan RECEIVED NOV 2 3 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. P )��) �% n,e,, : u 0 E oil �4 FD Mh m "—® (D � ° ° ® 1< m rr 0 (A m n m � � ° r+ as ° n �' .o CL • c m m ° ?• � ° ° m r+ m s r a =, (A m Q.. ago o �' o P M o M m M c m M. CLAIM FORM FARMERS AND FOREMOST CLASS ACTION SETTLEMENT OFFICE USE ONLY ❑ 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. Mailing Address: Number and Street City V Daytime Phone; Name of first person listed on the policy, if not you; MY State r r� Evening Phone: Relationship to first person listed on the policy, if not you; Address of Damaged Structure; Number and Street City V Approximate Date of Loss (Month /Day /Year); ff I /_a3 / 0 7 � Description of Loss; �y • /A A/ State WM z _1:r te, Zip Code Zip Code Policy Number (if known): ° °7 Claim Number (if known):. Total amount of your claim (if known); $ Total amount paid by Insurer (if known).: $ 5 q `Y e CRN- 189827 El 111111111F1111011 11111 llli 1111111 I III II IIIIIIIIl1111911111111111�11 I IIII II II1111111111111111 IDI b 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 future 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 proj ect would not make sense in this location at this time. Please consider our request as a great addition to the Eagan community. Sincerely, Gregory L. Preusse �ECEIVE On 16 203 Preusse Family Limited Partnership 1 1745 Crestridge Lane Eagan, MN 55122 D r Agenda Information Memo December 17, 2013, Eagan City Council Meeting VI. OLD BUSINESS B. ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 5.52 REGARDING THE NUMBER OF AVAILABLE ON- SALE LIQUOR LICENSES ACTIONS TO BE CONSIDERED: To approve an Ordinance Amendment to City Code Chapter 5.52 regarding the number of available on -sale liquor licenses and direct the City Attorney to publish the ordinance amendment. FACTS: ➢ City Code restricts the number of on -sale liquor licenses the City may issue. The current limitation is 37 licenses (three for hotels, 27 for full- service restaurants and seven for hotels or full- service restaurants). The City currently has one hotel and three unallocated licenses available. ➢ Prior to 2003, the State limited the number of on -sale liquor licenses cities were able to issue. The cap was based on population size. Eagan would consistently seek special legislation to increase its license cap. ➢ In 2003 the Legislature effectively eliminated the liquor license cap by exempting clubs, restaurants, hotels, theaters and bowling centers. ➢ A survey of communities in the metropolitan area showed that most communities have removed the cap on the number of on -sale liquor licenses. ➢ The proposed ordinance amendment removes the limitation to the number of on -sale liquor licenses the City may issue. If approved, the City Council would be able to issue an unlimited number of on -sale liquor licenses to hotels, full- service restaurants and clubs. ATTACHMENTS (1): The proposed ordinance amendment is attached on page � �19 BE ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5 ENTITLED "BEER, WINE, AND LIQUOR LICENSING AND REGULATIONS" BY AMENDING SECTION 5.52, SUBD. 11 REGARDING NUMBER OF AVAILABLE ON -SALE LIQUOR LICENSES; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter 5 is hereby amended by changing Section 5.52, subd. 11 to read as follows: Subd. 11. Thirty seven on sale licenses may be .,utheFize . All on -sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit or terms of planned development approval. The 37 eenses sha1l be distributed as follows: A. Three heenses for , R 'Twenty seven licenses f r full sefviee °s +a„ra„ +s• , D. TAT 1' 11 11 b held than + it + being rriTr' rccn�iuirvi�ic�rvrzrrvr�crncirc 'vi'o `�° test ."r`v'P'icrnTC[cv°c'nz�crsccr E. Any on sale liecase issued to the following entities shall be exeluded from and i addition to the numbef of on sa4e lieenses authofized by this subdivision. (1 ) Clubs or eongressionally ,.haftere vet � itio te n Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 5.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Agenda Information Memo December 17, 2013 City Council Meeting LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE A. APPROVE THE CITY OF EAGAN'S 2014 LEGISLATIVE POSITIONS ACTION. TO BE CONSIDERED: To approve the City of Eagan's 2014 Legislative Positions. i FACTS: The 2014 legislative positions were prepared with input from each department of the City. • In keeping with past practice, an effort was made to be mindful, but not duplicative of the legislative policies of lobbying organizations such as the League of Minnesota Cities, Metro Cities, and the Municipal Legislative Commission. • The format has been changed a bit from years past in an effort to condense the positions, and make them well- defined and more easily understood for the public. • The City Council reviewed the draft legislative positions at the December 10, 2013 Special City Council meeting. Revisions were made to the positions per the feedback of the Council, • Per the request of the City Council, priorities have been called out within the document. The priorities noted are issues of shared importance as identified in the legislative policies of Dakota County and municipal lobbying organizations to which the City belongs. • Once approved, the priorities will be sent to Eagan's legislative delegation so they have them in advance of the joint meeting with the City Council on January 14, 2014. ATTACHMENTS: • Enclosed on pages and are the proposed 2014 legislative positions. 2014 Legislative Positions The following are the City of Eagan's 2014 Legislative positions, To avoid repetition, this list does not restate all of the initiatives addressed through policy documents set forth by the League of Minnesota Cities (LMC), Metro Cities, or the Municipal Legislative Commission (MLC). The positions in bold print are priorities of the City for the coming legislative session. The City of Eagan respectfully requests the support of our Legislative delegation on the following initiatives: A. Support a Strong Fiscal Relationship Between the State and Local Governments A. Ensure levy limits are not imposed again in the coming year. B, Expand the State sales tax exemption to LOGIS, a joint powers entity comprised almost entirely of tax - exempt municipalities and agencies. 2. Support Policies that Encourage Regional and Local Economic Development A. Extend the length of the Cedar Grove Tax Increment Financing (TIF) District term by 15 years, and extend the five -year rule to permit additional investment in public infrastructure and private projects in the district, particularly for projects within walking distance from the Cedar Grove Transit Station. B. Expand Tax Increment Financing (TIF) criteria under which production of information technology products (e.g. software, online publications, etc.) may be defined as manufacturing for TIF purposes in order that cities can attract such businesses to the State of Minnesota. C. Modify tax code to financially incent the expansion and renovation of existing and smaller -scale data centers in the State (current threshold for tax advantages when renovating an existing data centers is $50 million, which is detrimental to companies such as Unisys and Thomson Reuters), D. Ensure that any building code changes pertaining to new construction are consistent with State broadband goals to support enhanced broadband capability. E. Ensure the Department of Commerce's Office on Telecom & Broadband focus broadband deployment efforts on metro and regional job centers like Eagan so we can compete with world class broadband speeds. With other states and regions moving ahead on gigabit fiber to the home, the state lacks incentives for firms to provide such services in the Twin Cities region. F. Support a study of how to position our region's critical infrastructure, like the 511 Building in Minneapolis (the main pathway to Chicago for most Internet traffic), in the event of cyber terrorism or natural disruptions. i 2014 City of Eagan Legislative Positions Page 2 3. Support local and regional transportation and infrastructure initiatives. A. Support the bonding request for the proposed direct access off of Highway 77 (Cedar Avenue) to the Cedar Grove Station to reduce Bus Rapid Transit (BRT) travel times and enhance rider experiences for origination, destination and transfer riders, B. Support funding for the Robert Street Transitway to enhance transit services in eastern Eagan. C. Promote trail connectivity in Eagan and the surrounding region by supporting funding for the River to River (Minnesota to Mississippi) Greenway, Mendota - Lebanon Greenway, and the Minnesota River Greenway (a corridor within the larger Minnesota Valley State Trail proposal). D. Require MnDOT to maintain state right -of -way and parcels acquired for state or federal highway transportation purposes located within city limits in a manner consistent with local ordinances. Alternatively, require MnDOT to reimburse Minnesota cities for the labor, supplies, and equipment necessary to maintain state right -of -way and parcels to meet city standards or minimize public safety hazards. This includes highways, traffic signals, trails, retaining walls, storm sewer /drainage systems. E. Authorize cities to create additional public infrastructure utilities, such as a street or sidewalk utility for a Street Improvement District, to address funding for building and maintaining necessary infrastructure outside of the limitations of existing special assessment authority and Municipal State Aid. F, Support enabling legislation to allow schools to use school district transportation funding off -site (for trail plowing around schools in partnership with communities). 4. Support tools to ensure effective local government service delivery. A. Maintain the current Building Code amendment process, which balanced the interests of the public, industry, and building officials. Oppose industry efforts to oversee building codes through the use of "Code Councils ". B. Retain the law enacted in 2008 requiring private utility companies to share information regarding gas and electric shut offs with local units of government to aid in efforts to identify vacant or uninhabitable properties. C. Support the establishment of wellhead protection areas or drinking water supply management areas (DWSMA) to prevent well drillers from placing private wells within the zone of the Community water supply. D. Oppose any DNR efforts to significantly increase water appropriation fees as it would increase City utility /water rates. E. Advance legislation to clarify the rules and regulations pertaining to cities' regulatory authority to license electronic cigarettes (e- cigarettes). 4 � ), AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 17, 2013 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Agreement with Dakota County CDA regarding Continuation of the Open to Business Program through 2014 3. APPROVE Settlement Agreement with Slater /Winkler for Cedar Grove Remnant Parcel, Amendment of Stonebridge /Flats Purchase Agreement and Authorize Payment D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN �'�3 Agenda Information Memo Eagan Economic Development Authority Meeting December 17, 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 December 3, 2013 EDA meeting are enclosed on page ¢— � 9°1 .. 2. APPROVE Joint Powers Agreement with Dakota County CDA regarding Continuation of the Open to Business Program through 2014 and Authorize the EDA Officers to Execute the Agreement — In 2013, the Cities in Dakota County partnered with the Dakota County CDA and the Minnesota Consortium of Community Developers, a non - profit community development agency, to offer business counseling and financing assistance to businesses and business people within the County through a program named Open to Business. MCCD staff person Laurie Crow has provided information to the Council about the program at a Council meeting. In addition to availability by email and phone on all business days, Laurie also holds office hours in the Wachter Room at City Hall in the afternoon on the third Thursday of the month. While information on specific business contacts is kept confidential, quarterly summary updates are provided regarding numbers and types of businesses served, numbers of clients by City and other information. A copy of the year to date information through September 30, 2013 is enclosed on page —. As a part of the 2014 Budget preparation, staff provided background information on the initial year of program and requested that the City of Eagan again allocate $7,500 for the service in 2014. The 3`I CDA covers 50% of the program cost plus an additional allocation on behalf of businesses in the unincorporated parts of the County. The agency has also received preliminary commitments from the other cities in Dakota County to participate again next year and they will be considering approval of the JPA at meetings in December or January as well. The 2014 Joint Powers Agreement is enclosed on pages k39— through 15 . 3. APPROVE Settlement Agreement with Slater/Win1der for Cedar Grove Remnant Parcel and Authorize Payment, APPROVE Amendment of Stonebridge /Flats Purchase Agreement and Authorize the EDA Officers to Execute the Agreements - At the time of the platting of the property at the east end of the Cedar Grove Core Area, it was noted that there was an area of approximately 13,000 square feet that had once been part of the Highway 13 frontage road system. The property was not transferred to MnDOT or the adjacent properties in the same way as other parts of the frontage road, creating a title defect that needed to be corrected prior to it being incorporated into the plat for The Flats. The City Attorney's office was able to identify the heirs of the original owner of the property and has negotiated a cash settlement to remove the defect. Under the settlement, the heirs would be paid $9,000 to deed the property to the EDA. The EDA would incorporate it into the sale of the overall site to Stonebridge and amend the purchase price by that amount. Since Stonebridge has been basing its financing on the original purchase price, to make this a zero sum transaction to them, staff proposes that the EDA would allocate an additional $9,000 from its demolition SAC credit balance to Stonebridge. While this is a technical adjustment to the Stonebridge agreement, it is a matter of negotiation. If members of the EDA have specific questions about the negotiations, the Board should recess to closed session for that discussion and reconvene to consider further action. The Slater /Winkler settlement is enclosed on pages 155 through I�Ll and the amendment to the purchase agreement is on pages - through J� 0 r? . �� MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota December 3, 2013 A meeting of the Eagan Economic Development Authority was held on Tuesday, December 3, 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 Bauer. 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 Tilley moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye:5 Nay:0 1. It is recommended to approve the minutes of November 4, 2013 - EDA meeting as presented. There was no Old Business. OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT — MORRISSEY HOTEL CONCEPT PLAN Community Development Director Hohenstein introduced the item noting this spring, the redevelopment team reached out to a number of hospitality developers to gauge interest in hotel development in the Paragon area. Those discussions resulted in the proposal from Morrissey Hospitality Companies. Hohenstein noted the concept plan is for the Morrissey Hospitality Companies to acquire .9 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 with the majority of the parking for the hotel would be met through access parking in the parking garage. Hohenstein noted the proposed purchase price is based on a per key number of $7,975.65 per room. 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. Bill Morrissey, of Morrissey Hospitality Companies shared his excitement in the possibility of building a hotel in Eagan. He provided a presentation and summary of the request and was available for questions. The EDA Board was in agreement the hotel will be a great addition to the Cedar Grove Redevelopment area. President Maguire noted that the City Council will be interested in seeing how the Cedar Grove Zoning District architectural and finish material standards can be balanced with the Hilton Home 2 design to complement the other improvements currently under construction in the district. L'�)(o Commissioner Bakken moved, Commissioner Tilley seconded a motion 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. Aye: 5 Nay: 0 Commissioner Bakken moved, Commissioner Fields seconded a motion to direct the preparation of a preliminary real estate purchase agreement between the Eagan EDA and MHC Cedar Grove LLC for the area defined by the Preliminary Concept Plan to be considered at a future EDA meeting. Aye: 5 Nay: 0 There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date t ��1 David M. Osberg, Executive Director Clients Served: Industry Segment: Total Contract- 1044.00 New /Existing Entrepreneurs 124 Retail 33 Existing Business 30 Service 86 (Of those clients served) Food 35 14 Manufacturing 1 Inquiries: 232 Technology 1 (Inquiries are contacts by entrepreneurs requesting information who have not yet scheduled an appointment) Real Estate /Related Trades 3 Financing: Provided: Requests /In Process: Number 3 Number 1 Amount $165,000 Total Request $553,800 Microgrants: MCCD Portion $30,000 Number 2 Facilitated Loans: Amount $2,000 Number 2 Amount $50,000 - 100,000 Hours of Direct Service: 1St Quarter- 790.25 2nd Quarter- 587 3rd Quarter- 384.25 Office Hours /Events /Marketing: 1St Quarter- 567 2nd Quarter- 219 3rd Quarter- 258 Total Contract- 1761.50 Total Contract- 1044.00 Client City: Referral Source: Apple Valley 6 CDA Staff 9 Burnsville 14 City Staff 101 Eagan 15 Internet 3 Farmington 8 Chamber 5 Hastings 9 Other (Banks, Schools, Etc.) 62 Inver Grove Hts 3 Lakeville 10 Rosemount 8 S. St. Paul 5 W. St. Paul 2 Other Municipalities 2 Other Dakota County 42 (Residents from other Counties who want to open a business in Dakota County) JOINT POWERS AGREEMENT Open to Business Program THIS JOINT POWERS AGREEMENT (this "Agreement "), is made as of January 1, 2014, by and between the DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (the "CDA "), a public body corporate and politic organized and existing under the laws of the State of Minnesota (the "State "), and each of the CITY OF BURNSVILLE, CITY OF LAKEVILLE, CITY OF MENDOTA HEIGHTS, INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, EAGAN ECONOMIC DEVELOPMENT AUTHORITY, HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY, ROSEMOUNT PORT AUTHORITY, FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY, SOUTH ST. PAUL HOUSING AND REDEVELOPMENT AUTHORITY AND WEST ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA (each individually a "Local Government Entity" and together the "Local Government Entities "), each a political subdivision of the State. RECITALS: A. In order to pursue common goals of fostering economic development, the CDA and the Local Government Entity Cities desire to engage the Metropolitan Consortium of Community Developers, a Minnesota non - profit corporation ( "MCCD ") to undertake the "Open To Business Program" (the "Program ") within Dakota County (the "County "). B. Pursuant to the Program, MCCD will provide technical assistance and access to capital to small business and potential entrepreneurs in the County. C. The CDA and the Local Government Entities propose to jointly exercise their common economic development powers to undertake the Program. NOW, THEREFORE, in consideration of the mutual covenants and obligations of the CDA and each of the Local Government Entities, each party does hereby represent, covenant and agree with the others as follows: Section 1. Representations. Each of the Local Government Entities and the CDA makes the following representations as to itself as the basis for the undertaking on its part herein contained: (a) It is a political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. Joint Powers Agreement `l�)q (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which it is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. Section 2. Powers to be Exercised. The powers to be jointly exercised pursuant to this Agreement are the powers of the CDA and the Local Government Entities under Minnesota Statutes, Chapter 469, to undertake activities to promote economic development within their respective jurisdictions. Section 3. Method for Exercising Common Powers; Funds. The CDA, on its own behalf and on behalf of the Local Government Entities, will initially enter into an agreement with MCCD in substantially the form attached hereto as Exhibit A (the "Agreement ") to engage MCCD to operate the Program within Dakota County. The CDA and each of the Local Government Entities will make payments to MCCD as described in Exhibit A of the Agreement. The CDA may from time to time execute and deliver documents amending, modifying or extending the Agreement as it deems necessary or convenient, provided, that no such document will adversely affect services provided to, or amounts payable by, any Local Government Entity without the prior written consent of such Local Government Entity. Section 4. Limited Liability. Neither the CDA nor the any of the Local Government Entities shall be liable for the acts or omissions of the other in com-iection with the activities to be undertaken pursuant to this Agreement. To the extent permitted by law, (a) the CDA hereby indemnifies the Local Government Entities for costs associated with claims made against the Local Government Entities directly relating to actions taken by the CDA, and (b) each Local Government Entity hereby indemnifies the CDA for costs associated with claims made against the CDA directly relating to actions taken by such Local Government Entity. Nothing herein shall be deemed a waiver by the indemnifying party of the limits on liability set forth in Minnesota Statutes, Chapter 466; and the indemnifying party shall not be required to pay, on behalf of the indemnified party, any amounts in excess of the limits on liability set forth in Minnesota Statutes, Section 466.04, less any amounts the indemnifying party is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. Section 5. Conflict of Interests; Representatives Not Individually Liable. The CDA and each of the Local Government Entities, to the best of its knowledge, represents and agrees that no member, official or employee of their respective bodies shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the CDA or any Local Government Entity shall be personally liable with respect to any default or breach by any of them or for any amount which may become due to the other party or successor or on any obligations under the terms of this Agreement. 92985890 2 t L�O Joint Powers Agreement Section 6. Term; Distribution of Property. The term of this Agreement shall expire on December 31, 2014. There is no property which will be acquired by the CDA or any Local Government Entity pursuant to the Program which would need to be distributed at the end of the term hereof. Section 7. Notices and Demands. A notice, demand or other communication under this Agreement by any party to another shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally to the person and at the addresses identified on each signature page hereto, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 9298589v1 [Remainder of page intentionally left blank] Joint Powers Agreement IN WITNESS WHEREOF, the CDA and the Local Government Entities have caused this Agreement to be duly executed in their respective names and behalf as of the date first above written, with actual execution on the dates set forth below. Dated: Notice Address: DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By Its Executive Director Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Attn: Andrea Brennan, Director of Community and Economic Development S -1 1'4 C-) Joint Powers Agreement Dated: Notice Address: 3830 Pilot Knob Road Eagan, MN 55122 Attn: EAGAN ECONOMIC DEVELOPMENT AUTHORITY By_ Its By_ Its S -2 Joint Powers Agreement ��S Exhibit A Contract for Services for the Open To Business Program A -1 Joint Powers Agreement 9298589v1 Contract for Services for the Open to Business Program THIS AGREEMENT is dated January 12, 2014 and is between the Dakota County Community Development Agency ( "CDA ") and Metropolitan Consortium of Community Developers, a Minnesota nonprofit corporation ( "MCCD "). WHEREAS, the CDA, on behalf of itself and the ten political subdivisions of the State of Minnesota listed on Exhibit A hereto (the "Local Government Entities "), which each have powers with respect to a city with a population over 10,000 (collectively the "Municipalities "), wishes to engage MCCD to render services under a model known as "Open to Business," an initiative providing small business technical assistance services to existing businesses and residents and other parties interested in opening a business within Dakota County (the "County ") (the "Initiative "); and WHEREAS, MCCD has successfully provided the services required to administer and carry out the Initiative in Dakota County in 2013; and WHEREAS, pursuant to CDA Resolution No. 13 -5290, adopted on October 17, 2013 (the "Resolution'), the CDA is authorized to enter into this agreement with MCCD for the Initiative; and WHEREAS, pursuant to the Resolution and certain joint powers agreements to be entered into between the CDA and the Local Government Entities (the "Joint Powers Agreements "), the CDA will act as fiscal agent for the Local Government Entities in connection with this Agreement; and WHEREAS, the CDA will pay from its own funds 50% of the fee charged by MCCD for the Initiative in the Municipalities and 100% of the fee charged by MCCD for the Initiative in the small cities and townships within the County with populations of less than 10,000 people ( "Small Cities and Townships "), as further described herein and in Exhibit A; and WHEREAS, pursuant to the Joint Powers Agreements, the Local Government Entities will be required to pay a Participation Fee to the CDA in accordance with the schedule in Exhibit A, representing the remaining 50 % of the fee charged by MCCD for the Initiative in the Municipalities. Now therefore, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TIME OF PERFORMANCE 92938700 HIS The term of this Agreement and the period during which MCCD will provide services hereunder will commence upon execution and delivery of this Agreement and will end on December 31, 2014, subject to earlier termination as provided herein. MCCD will perform services necessary to carry out the Initiative as promptly as possible, and with the fullest due diligence. COMPENSATION Subject to reduction as provided below, the CDA will compensate MCCD for its services hereunder an amount equal to One Hundred Thirty -Five Thousand Dollars ($135,000) ( "Contract Amount "). The CDA will pay such amount in two equal installments, the first no earlier than January 30, 2014 and the second no earlier than June 30, 2014, upon receipt of invoices from MCCD. Subject to the limits above, payments will be due within 15 days of receipt of the respective invoices. The portion of the Contract Amount payable from Participation Fees will be payable by the CDA only from and to the extent such Participation Fees are paid by the respective Local Government Entities. In the event a Local Government Entity does not pay to the CDA its Participation Fee in amounts and by the deadline described in Exhibit A, the CDA will notify MCCD, and MCCD will immediately cease the Initiative in that Municipality. Upon such termination, the Contract Amount will be reduced by an amount equal to the Participation Fee which such Local Government Entity did not pay and the amount the CDA would have paid as a matching payment. SCOPE OF SERVICES MCCD will provide technical assistance to existing businesses, residents and those parties interested in starting a business in any of the Municipalities and Small Cities and Townships as further described on Exhibit B and Exhibit C attached hereto, which sets forth the Dakota Open to Business Program Scope of Services. REPORTING MCCD will submit quarterly reports to the CDA in form and substance acceptable to the CDA. Reports will provide information in the aggregate for the County and will include a subreport for each Municipality and each of the Small Cities and Townships. Reports will include the following information; Number of inquiries ➢ Hours of technical assistance provided ➢ Type of assistance provided ➢ Type of business ➢ Annual sales revenue ➢ Number of businesses opened 92938700 11 ➢ Number of business expanded /stabilized ➢ Number and amounts of financing packages ➢ Demographic information on entrepreneurs ➢ Business address or resident address ➢ Number and wage of FTEs created ➢ Number and wage of FTEs retained The required reporting schedule is as follows: 1St quarter January — March, report due April 30t" 2" d quarter April — June, report due July 31St 3`d quarter July — September, report due October 31St 01 quarter October — December, report due January 31St of 2014 In addition to the foregoing, MCCD will provide additional reports as reasonably requested by the CDA. PERSONNEL MCCD represents that it has, or will employ or contract for, at its own expense, all personnel required to perform the services necessary to carry out the Initiative. Such personnel will not be employees of, or have any contractual relationship with, the County, the CDA or any of the Local Government Entities. No tenure or any other rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave, vacation pay, severance pay, or any other benefits available to the County's, the CDA's or any of the Local Government Entities' employees shall accrue to MCCD or employees of MCCD performing services under this agreement. The MCCD is an independent contractor. All of the services required to carry out the Initiative will be performed by MCCD and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such work. USE OF CDA OFFICE SPACE The CDA will make available a cubicle space for MCCD personnel at the CDA office building for use by MCCD in carrying out the Initiative. MCCD personnel will have access to the CDA's meeting rooms, wireless internet service, copy machines and printers. MCCD personnel shall comply with all CDA office rules and policies regarding the use of CDA office space, equipment and internet access. If the CDA, in its sole discretion, determines that MCCD Personnel have failed to comply with CDA office rules and policies, MCCD Personnel will be required to vacate the CDA office and the CDA will cease to provide MCCD office space to carry out the Initiative. 92938700 N9 INTEREST OF MEMBERS OF THE CDA AND OTHERS No officer, member, or employee of the CDA and no member of its governing body, and no other public official or governing body of any locality in which the Initiative is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Initiative, will participate in the decision relating to this Agreement which affects his /her personal interest or the interest of any corporation, partnership, or association in which he /she is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this Agreement. ASSIGNABILTY MCCD will not assign any interest in this Agreement, and will not transfer any interest in the same without the prior written approval of the CDA. COMPLIANCE WITH LOCAL LAWS MCCD agrees to comply with all federal laws, statutes and applicable regulations of the State of Minnesota and the ordinances of the Local Government Entities. INSURANCE MCCD agrees at all times during the term of this Agreement, and beyond such term when so required, to have and keep in force the following insurance coverages: Limits Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products — Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence— Combined Bodily Injury and Property Damage 1,500,000 2. Workers' Compensation and Employer's Liability: Workers' Compensation Statutory In the event that MCCD should hire employees or subcontract this work, MCCD shall obtain the required insurance. Employer's Liability. Bodily injury by: Accident —Each Accident 500,000 Disease — Policy Limit 500,000 Disease —Each Employee 500,000 92938700 INDEMNIFICATION MCCD agrees to defend, indemnify, and hold harmless the County, the CDA, the Local Government Entities, and each of their respective officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of MCCD, its subcontractors, anyone directly or indirectly employed by MCCD or any of its subcontractors, and /or anyone for whose acts and /or omissions MCCD may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of MCCD to perform any obligation under this Agreement. NOTICES A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by mail, postage prepaid, return receipt requested, or delivered personally; and (a) In the case of MCCD, is addressed or delivered personally to: Metropolitan Consortium of Community Developers 3137 Chicago Avenue South Minneapolis, MN 55407 (b) In the case of the CDA is addressed or delivered personally to: Andrea Brennan, Director of Community and Economic Development Dakota County Community Development Agency 1228 Town Centre Dr. Eagan, MN 55123 or at such other address with respect to any party as that party may designate in writing and forward to the other as provide in the Section. MODIFICATION This Agreement may not be modified, changed, or amended in any manner whatsoever without the prior written approval of all the parties hereto. NON - DISCRIMINATION In connection with its activities under this Agreement, MCCD will not violate any Federal or State laws against discrimination. DEFAULT AND CANCELLATION Failure of the MCCD to perform any of its obligations under this Agreement to the satisfaction of the CDA will constitute a default hereunder. Unless MCCD's default is cured within 15 days following notice by the CDA, the CDA 9293 870v3 � �1 may (i) cancel this Agreement in its entirety by 5 additional days' written notice to MCCD, or (ii) withhold payment from MCCD as long as such default continues. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 92938700 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By: Executive Director Date: MCCD By: Printed Name: Printed Title: Date: 92938700 `�t Exhibit A Local Government Entity Participation Fee Schedule Municipality Local Government Total CDA Local Entity Fee Share of Government Fee Entity Participation Fee Due 1/30/13 Eagan Economic Development Eagan Authority $15,000 $7,500 $7,500 City of Burnsville Burnsville $15,000 $7,500 $7,500 City of Lakeville Lakeville $15,000 $7,500 $7,500 Apple Valley Economic Apple Valley Development Authority $15,000 $7,500 $7,500 Inver Grove Heights Economic Inver Grove Development Authority $12,500 $6,250 $6,250 Heights Hastings Economic Hastings Development and $10,000 $5,000 $5,000 Redevelopment Authority Rosemount Port Authority Rosemount $10,000 $5,000 $5,000 Farmington Economic Farmington Development Authority $10,000 $5,000 $5,000 South St. Paul Housing and South St. Paul Redevelopment Authority $10,000 $5,000 $5,000 West St. Paul Economic West St. Paul Development Authority $10,000 $5,000 $5,000 Mendota City of Mendota Heights $5,000 $2,500 $2,500 Heights Small Cities n/a and $7,500 $7,500 $0 Townships Total $135,000 $71,250 $63,750 92938700 1 `s D- Exhibit B Dakota Open to Business Program Scope of Services Open to Business ("OTB") Technical Assistance Services MCCD will provide intensive one -on -one technical assistance to Municipalities' and Small Cities' and Townships' businesses, residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Municipalities and Small Cities and Townships within Dakota County (the "County "). MCCD will dedicate one full time staff person based in the County to provide the Technical Assistance Services ( "Dakota OTB Staff"). In addition, MCCD will make available the expertise of all MCCD technical and support staff in the delivery of services to Dakota Open to Business Program. Technical assistance includes, but is not limited to, the following: ➢ Business plan development ➢ Feasibility analysis ➢ Marketing ➢ Cash flow and other financial projection development ➢ Operational analysis ➢ City and State licensing and regulatory assistance ➢ Loan packaging, and other assistance in obtaining financing ➢ Help in obtaining competent legal advice MCCD Dakota OTB Staff will be available to meet clients at the CDA office building, various Municipality city halls or at the client's place of business. MCCD Dakota OTB Staff will provide technical assistance on a walk -in basis monthly in each Municipality, if requested. MCCD will also hold two -hour "Test Drive Your Business Idea" sessions once a month in various Municipality locations. Open to Business Access to Capital Access to capital will be provided to qualifying businesses through MCCD's Emerging Small Business Loan Program (see Exhibit C Small Business Loan Program Guidelines below). MCCD also provides it's financing in partnership with other community lenders, banks or Local Government Entities interested in making capital available to residents and /or businesses in their community. 92938700 i53 EXHIBIT C Small Business Loan Program Guidelines Loan Amounts: • Up to $25,000 for start-up businesses • Larger financing packages for established businesses • Designed to leverage other financing prograrns as well. as private financing provided by the commercial banking community. Eligible, Projects: • Borrowers must be a "for-profit" business. • Business must be complimentary to existing business community. • Borrowers must have equity injection as determined by fund management. .Allowable Use of.1'roceeds: • 1,oan proceeds can. be used for working capital, inventory, building and equipment and general. business operations. Interest Rates: • Loan interest rate is dependent on use, term and. other -factors, not to exceed. 10%. Loan Term 110-9—th, • Loan repayment terms will generally range from three to five years, but may be substantially longer for major asset financing such as commercial property. Fees and Charges: • Borrowers are responsible for paying all. customary legal and other loan closing costs. 92938700 AGREEMENT TO CONVEY TITLE This Agreement to Convey Title ( "Agreement ") is made and entered into this day of December 2013, by and between Rodger Slater and Rita Marie Winkler (hereinafter the "Landowners "), and the Eagan Economic Development Authority, a body corporate and politic under the laws of the State of Minnesota (hereinafter the "EDA "). (The Landowner and the EDA are collectively hereinafter the "Parties "). WHEREAS, the EDA has acquired property within the Cedar Grove Redevelopment District to allow for redevelopment of the Cedar Grove area; and WHEREAS, as part of the platting process for the plat known as "Cedar Grove Parkway 3rd Addition," the EDA discovered that there is a small tract of land described on Exhibit A where ownership is in question (the "Disputed Property ") and the underlying fee may be held in the Estate of Eugene Slater of which the Landowners are the sole heirs; and WHEREAS, the Parties have reached an agreement whereby Landowners will convey the Disputed Property to the EDA all upon the terms and conditions contained herein. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PROBATE CONVEYANCE. The EDA and Landowners shall submit to the Dakota County District Court the Order in the form and text described on the Exhibit B that will convey the Disputed Property to the Landowners. 2. CONVEYANCE OF LAND. Upon execution of the Order described in paragraph 1 above, the Landowners, and their spouses, shall execute and deliver to the EDA the quit claim deeds for the Disputed Property in the form and text of Exhibits "C -1" and "C -2." 3. PAYMENT BY THE EDA. In exchange for the deeds referred to in paragraph 2, the EDA shall provide a payment to Landowners in the amount of Nine Thousand and no /100 Dollars ($9,000.00). 4. ADDITIONAL DOCUMENTS. Landowners agree to cooperate and provide any other additional documents as may be needed by the EDA to resolve any title issues with respect to the Disputed Property. (signature pages to follow) is EAGAN ECONOMIC DEVELOPMENT AUTHORITY STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Mike Maguire Its: President David M. Osberg Its: Executive Director The foregoing instrument was acknowledged before me this day of December 2013, by Mike Maguire and David M. Osberg, the President and Executive Director, of the Eagan Economic Development Authority, a body corporate and politic under the laws of the State of Minnesota, on behalf of the body corporate and politic. Notary Public Received Dec 11 2013 09:47am Qec, 11, 2013 9:42AM No, 2480 P. 2 Rodge Slater STATE OYTBU,, ) )ss. COUNTY OF Vii► ) The foregoing instrument was acknowledged before rice this I eday of December 2013, by Rodger Slater, Notary 1' AVAM J, WMIEL�WSKI My Commieelon Expires Match 02, 2014 1fS9 Rita Marie Winkler STATE OF MINNESOTA) COUNJ'Y Odd �( The -foregoing instrument was acknowledged before me this JL day of December 2013, by Rita Marie Winkler, F 'T"'IAIII CAMPBELL NOTARY PUBLIO _ MINNESOTA , =C' m I Im My on, 2 15 THIS INSTRUMENT' WAS ]DRAFTED BY: . ........... N4-Otar aly. DOUGHER'FY, MOLENDA, SOLFES'.1', HILLS & BAUER RA, 7300 West 147111 Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 RBB: 206-34016 4 1 —6 5 s 5 �u s25 CITY OF EAGAN �, F ,Gy 1% rJ J° ;�J. rev. r�� " t r Q' ¢� r` \`���. ��yr c I r` Northeasterly line of Outlot A, CEDARVALE 2ND ADDITION /_ — rr / O Q t%Cr%A R` /AI C t. C , `9 ,0 y lQ���y�ti y94 , SSo do roiry,, o� o a oCK l //\ \ LNV r1UVI-I �VIY / oa ...1 ` �.' .................. .......169.71.........,.....': ' t` Oho I a tw°%i �� oa�•� I c I CEVAR 9 U9 a, I �n I J )� P t' O i GROVE 0 That part of the Northeast Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota lying northeasterly of Outlot A, CEDARVALE 2ND ADDITION, according to the recorded plat thereof, said Dakota County, lying southeasterly of the Southeasterly right -of -way line of State Highway No. 13, lying northwesterly of a line 40.00 feet southeasterly of said Southeasterly right -of -way line of State Highway No. 13, and lying southwesterly of the following described line; Commencing at the northeast corner of said Northeast Quarter; thence South along the east line of said Northeast Quarter, a distance of 165.00 feet; thence deflecting to the right 90 degrees 48 minutes 00 seconds, distant 169.71 feet to the point of beginning of the line to be described; thence deflecting to the right 45 degrees 10 minutes 00 seconds distant 133.70 feet more or less to said Southeasterly right -of -way line of State Highway No. 13 and said line there terminating. REVISION: DECEMBER 11, 2013 � I � I C� I 1 )� I I I I I � o so Iao Horizontal Scale In Feet I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ` DJR AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, PRINT NAME: DANIEL J. ROEBER St. Paul Office DRAWN 2335 West Highway 36 DJR Saint Paul, MN 55113 SIGNATURE: / Phone: 651- 636 -4600 PROJ. NO. Fax: 651-636-1311 DATE NOVEMBER 15, 2013 LIC. NO. 43133 Website;www.stantec.com 193802381 EXHIBIT "A" 159 Northeast corner of the _ Northeast Quarter of Sec, 19, T Twp, 27, Rng. 23 NICOL S ROM,D C DAR 0'l I yin Il` 1< � i3CJ�.E O . ��.,R OR � � „Rite i 'C II tC n r,Ch n 1{ / A I /1' C� . A 1(1 I <, �V- vn�.� (�vv�.� f,�l ,n %D H oa ...1 ` �.' .................. .......169.71.........,.....': ' t` Oho I a tw°%i �� oa�•� I c I CEVAR 9 U9 a, I �n I J )� P t' O i GROVE 0 That part of the Northeast Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota lying northeasterly of Outlot A, CEDARVALE 2ND ADDITION, according to the recorded plat thereof, said Dakota County, lying southeasterly of the Southeasterly right -of -way line of State Highway No. 13, lying northwesterly of a line 40.00 feet southeasterly of said Southeasterly right -of -way line of State Highway No. 13, and lying southwesterly of the following described line; Commencing at the northeast corner of said Northeast Quarter; thence South along the east line of said Northeast Quarter, a distance of 165.00 feet; thence deflecting to the right 90 degrees 48 minutes 00 seconds, distant 169.71 feet to the point of beginning of the line to be described; thence deflecting to the right 45 degrees 10 minutes 00 seconds distant 133.70 feet more or less to said Southeasterly right -of -way line of State Highway No. 13 and said line there terminating. REVISION: DECEMBER 11, 2013 � I � I C� I 1 )� I I I I I � o so Iao Horizontal Scale In Feet I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT SURVEY WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ` DJR AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA, PRINT NAME: DANIEL J. ROEBER St. Paul Office DRAWN 2335 West Highway 36 DJR Saint Paul, MN 55113 SIGNATURE: / Phone: 651- 636 -4600 PROJ. NO. Fax: 651-636-1311 DATE NOVEMBER 15, 2013 LIC. NO. 43133 Website;www.stantec.com 193802381 EXHIBIT "A" 159 STATE OF MINNESOTA COUNTY OF DAKOTA In Re: Estate of EUGENE F. SLATER a /k/a EUGENE SLATER, Decedent. PROBATE COURT PROBATE DIVISION Court File No. 18569 ORDER NUNC PRO TUNC WHEREAS, the heirs of the Decedent had discovered that certain real property was omitted from the Estate and was not included in the Decree of Distribution in this Court's Order dated September 25, 1979, NOW, THEREFORE, it is hereby ordered: 1. That Exhibit "A" to this Court's Order of September 25, 1979 is hereby amended, nune pro tunc, to include the following real property: That part of the Northeast Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota lying northeasterly of Outlot A, CEDARVALE 2ND ADDITION, according to the recorded plat thereof, said Dakota County, lying southeasterly of the Southeasterly right -of -way line of State Highway No. 13, lying northwesterly of a line 40.00 feet southeasterly of said Southeasterly right -of -way line of State Highway No. 1.3, and lying southwesterly of the following described line: Commencing at the northeast corner of said Northeast Quarter; thence South along the east line of said Northeast Quarter, a distance of 165.00 feet; thence deflecting to the right 90 degrees 48 minutes 00 seconds, distant 169.71 feet to the point of beginning of the line to be described; thence deflecting to the right 45 degrees 10 minutes 00 seconds distant 133.70 feet more or less to said Southeasterly right - of -way line of State Highway No. 13 and said line there terminating. Judge of District Court EXHIBIT "B" 1bo (Top 3 Inches reserved for recording data) QUIT CLAIM DEED individuals) to Business Entity DEED TAX DUE: $ DATE: FOR VALUABLE CONSIDERATION, Rita Marie Winkler and Robert J. Winkler, wife and husband ( "Grantors "), hereby convey and quitclaim to the Eagan Economic Development Authority, a body corporate and politic under the laws of Minnesota ( "Grantee "), real property in Dakota County, Minnesota, legally described as follows: That part of the Northeast Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota lying northeasterly of Outlot A, CEDARVALE 2ND ADDITION, according to the recorded plat thereof, said Dakota County, lying southeasterly of the Southeasterly right -of -way line of State Highway No, 13, lying northwesterly of a line 40,00 feet southeasterly of said Southeasterly right -of -way line of State Highway No. 13, and lying southwesterly of the following described line: Commencing at the northeast corner of said Northeast Quarter; thence South along the east line of said Northeast Quarter, a distance of 165.00 feet; thence deflecting to the right 90 degrees 48 minutes 00 seconds, distant 169.71 feet to the point of beginning of the line to be described; thence deflecting to the right 45 degrees 10 minutes 00 seconds distant 133.70 feet more or less to said Southeasterly right -of -way line of State Highway No. 13 and said line there terminating. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto, Check applicable box; ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number ) ❑ I am familiar with the property described in this Instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. ECB -1032 Grantors Rita Marie Winkler Robert J. Winkler EXHIBIT "C -1" b U Page 1 of 2 Page 2 of 2 State of Minnesota, County of Dakota This instrument was acknowledged before me on wife and husband. (Stamp) THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432.3136 (RBB: 206. 34016) QUIT CLAIM DEED 2013, by Rita Marie Winkler and Robert J. Winkler, (signature of notarial officer) Title (and Rank): My commission expires: fmontfVday /year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, MN 55122 l �. (Top 3 inches reserved for recording data) QUIT CLAIM DEED Individual(s) to Business Entity DEED TAX DUE; $ DATE; FOR VALUABLE CONSIDERATION, Rodger E. Slater and Darlene M. Slater, husband and wife ( "Grantors "), hereby convey and quitclaim to the Eagan Economic Development Authority, a body corporate and politic under the laws of Minnesota ( "Grantee "), real property in Dakota County, Minnesota, legally described as follows; That part of the Northeast Quarter of Section 19, Township 27, Range 23, Dakota County, Minnesota lying northeasterly of Outlot A, CEDARVALE 2ND ADDITION, according to the recorded plat thereof, said Dakota County, lying southeasterly of the Southeasterly right -of -way line of State Highway No. 13, lying northwesterly of a line 40.00 feet southeasterly of said Southeasterly right -of -way line of State Highway No. 13, and lying southwesterly of the following described line: Commencing at the northeast corner of said Northeast Quarter; thence South along the east line of said Northeast Quarter, a distance of 165.00 feet; thence deflecting to the right 90 degrees 48 minutes 00 seconds, distant 169.71 feet to the point of beginning of the line to be described; thence deflecting to the right 45 degrees 10 minutes 00 seconds distant 133.70 feet more or less to said Southeasterly right - of -way line of State Highway No. 13 and said line there terminating. Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. Check applicable box: ❑ The Seller certifies that the Seller does not know of any wells on the described real property. ❑ A well disclosure certificate accompanies this document or has been electronically filed, (If electronically filed, insert WDC number ) ❑ I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor Rodger E. Slater Darlene M. Slater EXHIBIT "C•2" ECB -1032 Page 1 of 2 Page 2 of 2 State of Minnesota, County of Dakota This instrument was acknowledged before me on husband and wife. (Stamp) THIS INSTRUMENT WAS DRAFTED BY; Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147'" Street, Suite 600 Apple Valley, MN 55124 (952) 432.3136 (RBB; 206. 34016) QUIT CLAIM DEED 2013, by Rodger E, Slater and Darlene M. Slater, (signature of notarial officer) Title (and Rank); My commission expires; (montlVday/yearl TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT T0; Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, MN 55122 M SECOND AMENDMENT TO SALE AND PURCHASE AGREEMENT THIS SECOND AMENDMENT TO SALE AND PURCHASE AGREEMENT ( "Second Amendment ") is made as of December , 2013 by and between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "Seller ") and The Flats at Cedar Grove, LLC, a Minnesota limited liability company (the "Buyer "). The Seller and the Buyer are referred to herein collectively as the "Parties." WHEREAS, the Parties entered into that certain Sale and Purchase Agreement dated August S, 2013 (hereinafter the "Agreement "), which was amended on October 15, 2013 (the "First Amendment "); and WHEREAS, the Parties desire to amend the Agreement to change the closing date; to provide for an increase in the purchase price; and to provide additional sanitary area charge credits. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Paragraph 2 is hereby amended to read as follows: 2.) PURCHASE PRICE AND MANNER OF PAYMENT. The purchase pace ( "Purchase Price ") to be paid by Buyer to Seller for the Real Property shall be One Million Eight Hundred Nine Thousand and no /100 Dollars ($1,809,000.00). 2. Paragraph 4(k) is hereby amended to read as follows: (k) Sanitary Area Charge Credits. Seller shall provide Buyer with sanitary area charge credits totaling Two Hundred. Seventy- three Thousand and no /100 Dollars ($273,000.00). This credit shall. be provided to Buyer upon the issuance of the building permit and this obligation shall survive the closing. 3. Paragraph 7(a) is hereby amended to read as follows: (a) Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing ") shall occur no later than January 15, 2014 (the "Closing Bate "). The Closing t(o 7 shall take place at 10:00 a,m, local time at the office of Title Company, or such other location as determined by the Buyer, 4. Except as modified above, all other terms of the Agreement and First Amendment remain in full force and effect. Seller and Buyer have executed this Second Amendment as of the date set forth above, [Signature page follows] 1. BUYER: The Flats at Cedar Grove, LLC, a Minnesota limited liability company By: drew R. Chase Its: Chief Manager /President SELLER: Eagan Economic Development Authority C Mike Maguire Its: President David M. Osberg Its: Executive Director Agenda Information Memo Eagan Economic Development Authority Meeting December 17, 2013 F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. 1uq