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.
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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
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4
Eagan Boundary
Right -of -way
Parcel Area
Park Area
Building Footprint
®Q
erg Y` n+uxK,
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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
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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
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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
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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
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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.
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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
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(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
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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.
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Project Name: Paradise Car Wash
Request: Variance
Case No: 15- VA- 13 -11 -13
City of Evan
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Current Zoning and Land Use Map
Ci f of Eain Application: Paradise Car Wash
Type: Variance
Case No.: 15- VA- 13 -11 -13
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Community Shopping Center
Land Use Plan
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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
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Request: Comprehensive Guide Plan Amendment
Case No: 18-CG'O04O43
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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
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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.
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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.
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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
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Description of Loss; �y •
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Zip Code
Policy Number (if known): ° °7 Claim Number (if known):.
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NARRATIVE
Preusse
Family
Limited
Partnership
October 16, 2013
City Of Eagan
3830 Pilot Knob Rd
Eagan, MN 55122
Re: Narrative regarding a request for the Preusse 2nd Addition Lot 2
The comprehensive guide plan on the existing lot 2 is presently BP. I am
requesting a change to allow us to build a senior 55+ luxury apartment building which
will be three to four stories with underground parking. This proposed development fits
the site and would offer less commercial traffic that could possibly increase in this area.
There are presently 200 plus townhomes directly across the street from this location and
this is the main reason I believe developing this project in this location would be a better
fit and decrease any possibility for a 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
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7300 West 147111 Street, Suite 600
Apple Valley, MN 55124
(952) 432-3136
RBB: 206-34016
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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
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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
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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
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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