The URL can be used to link to this page

01/07/2014 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING JANUARY 7, 2014 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE 3 II. ADOPT AGENDA III, RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) LI A. APPROVE MINUTES 1-f B. PERSONNEL ITEMS —4—C. APPROVE Check Registers QO D. ADOPT a Resolution accepting a $1,750 donation from Wal -Mart to be used for the Shop with a Cop program dA E. ADOPT a resolution accepting a $7,800 donation from an anonymous citizen for the purchase of a K -9 F. ACCEPT a grant from the State of Minnesota on behalf of the Dakota County Drug Task Force and approve a resolution authorizing execution of the agreement o� G. Present Feasibility Report for City Project 1138, Cedar Industrial Park (Mordelann Addition/ MVTA 3rd Addition/ Seneca Plant) and Schedule Public Hearing (February 4, 2014) H. PRESENT Feasibility Report for City Project 1114, Cedar Grove Additions and Schedule Public Hearing (February 4, 2014) I. APPROVE Project 1144 (Cliff Road Booster Station — 4th Pump) _3_)__J. AWARD City Contract No. 14 -07 (Wells 10, 20, 21 Rehabilitation) 333 K. APPROVE Change Order No. 2, City Contract No. 13-05, Cedar Grove Parking Garage L. APPROVE Easement Agreement with LOF Eagan, LLC, City Project 1011 (TH 55/ TH 149 Traffic & Safety Improvements) M. APPROVE Issuance of an RFP for GIS Consulting Services N. RESCHEDULE Public Hearing for City Project 1140 (Stonebridge Ponds) Street Improvements to January 21, 2014 O. RESCHEDULE Public Hearing for City Project 1139 (Oakwood Heights 2nd Addition) Street Improvements to January 21, 2014 L4 P. RESCHEDULE Public Hearing for City Project 1137 (Alden Pond) Street Improvements to ,1 January 21, 2014 -{J Q. APPROVE Joint Powers Agreement with Inver Grove Heights for Eagan -Inver Grove Heights Watershed Management Organization R. APPROVE On -Sale Liquor and Sunday License for Webster Jacob, LLC, DBA Stone Oaks, 2864 Highway 55, Suite 200 V. PUBLIC HEARINGS VI. OLD BUSINESS VII. NEW BUSINESS A. CONDITIONAL USE PERMIT — Spectrum Development Group LLC - A Conditional Use Permit to allow outdoor storage of vehicles located at 2905 Lexington Ave South B. CONDITIONAL USE PERMIT — Northfield Lines - A Conditional Use Permit to allow outdoor storage of up to 31 buses located at 1034 Gemini Road &U—C. INTERIM USE PERMIT — Fairview Health Services - An Interim Use Permit to allow a temporary modular building for office space located at 1440 Duckwood Drive VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items scheduled for consideration at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT 9 AhL- City of Eap ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JANUARY 3, 2014 SUBJECT: AGENDA INFORMATION FOR JANUARY 7, 2014 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the January 7, 2014 City Council agenda, the following items are in order for consideration. Agenda Information Memo January 7, 2014 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 10, 2013 Special City Council meeting and December 17, 2013 Regular City Council meeting as presented or modified. ATTACHMENTS: Minutes of December 10, 2013 Special City Council meeting are enclosed on pages 5 through 8 Minutes of December 17, 2013, City Council meeting are enclosed on pages Ct through 3. rl MINUTES SPECIAL CITY COUNCIL MEETING DECEMBER 10, 2013 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields, and Tilley. Councilmember Hansen arrived at 7:45 p.m. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Finance Director Pepper, Public Works Director Matthys, Water Resource Manager Macbeth, and Director of Parks & Recreation Johnson. I. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye:4 Nay:0 II. VISITORS TO BE HEARD There were no visitors to be heard. III. JOINT MEETING WITH THE AIRPORT RELATIONS COMMISSION (ARC)/ PROPOSED 2013 -2014 ARC WORK PLAN Mayor Maguire welcomed members of the Airport Relations Commission (ARC). The Commissioners introduced themselves. Assistant City Administrator Miller introduced the item noting it is the practice of the City Council to meet with each of their advisory commissions at least once per year. The Airport Relations Commission is prepared to discuss with the Council the proposed 2013 -14 ARC Work Plan. Airport Relations Commission Chair Thorkildson gave an overview of the proposed ARC Work Plan for 2013 -14. The City Council discussed the work plan. The Council thanked the Commission for their work and directed the 2013 -2014 ARC Work Plan be included on an upcoming City Council consent agenda for formal consideration. IV. NOISE WALL UPDATE Mayor Maguire introduced the item providing background information on the Minnesota Department of Transportation (MnDOT) Noise Walls. Director of Public Works Matthys gave a staff report on the first noise wall proposal located on the east side of 1 -35E, north of Deerwood Drive, and provided additional information. Matthys noted significant communications have occurred between homeowners, City staff, and MnDOT regarding preliminary design details and preferences regarding a noise wall. Pete Wasko, and John Solberg with MnDOT, provided a summary on the MnDOT Noise Wall Program. Mr. Wasko provided a presentation on the noise wall proposal located on the east side of 1 -35E, north of Deerwood Drive, and a new proposed tapered design along with details on alternative wall materials. 5 Special City Council Minutes December 10, 2013 Page 2 Mayor Maguire opened the meeting for public comment. Several residents of the Deerwood Townhomes properties addressed the Council with questions and /or concerns about the noise wall. The Council discussed the proposed noise wall located north of Deerwood Drive, along with the concerns of the homeowners. Mayor Maguire noted finding a design to preserve the view and mitigate the noise impact would be desirable. After further discussion, it was the consensus of the Council to direct staff to look into alternative designs and bid for concrete or wood wall, including translucent /acrylic materials, and bring back to a future Public Works Committee meeting. Public Works Director Matthys gave a staff report on the second noise wall proposal located on the west side of I -35E, south of Kettle Park. Matthys noted all communication with the neighborhood has been supportive of the noise wall. Pete Wasco gave a presentation of the noise wall. Councilmember Bakken asked if the two noise walls could be swapped. He asked if there was a way that MnDOT could construct the Kettle Park project earlier and construct the Deerwood one later that doesn't hurt the City's bottom line financially. Mr. Wasko responded it could be done through their Department Management Plan. MnDOT could construct the Kettle Park noise wall earlier. The City would have to provide MnDOT with additional funding to cover swapping Deerwood for Kettle Park. MnDOT would then reimburse the City the following year, without interest being paid back. Councilmember Bakken asked staff to work up a scenario to be presented at a future meeting. Mayor Maguire clarified that the City is not looking to construct both walls at the same time. The Council discussed the noise wall. After further discussion, the Council directed staff to move forward with MnDOT on the Kettle Park noise wall. The Council took a 10 minute break. V. WATER CONSERVATION RECOMMENDATIONS FROM THE ENERGY AND ENVIRONMENT ADVISORY COMMISSION (EEAC) Public Works Director Matthys introduced the item noting on October 8, 2013, the Energy & Environment Advisory Commission (EEAC) made recommendations to the Council for consideration. Based upon the EEAC's recommendations, the City Council was asked to provide feedback and direction on the following policy questions: 1. To what extent does the City Council wish to create goals for reduction in the use of water? The Council was in agreement they want to further consider setting goals, based upon impact on water resources and finances. The Council directed staff to provide additional information to help them better understand the impact of different goals, i.e. 10 90, 15 90, or 25% reduction, and to model what the resources required to get there would be. 2. In the event the reduction in drinking water is established as a goal for the City of Eagan, additional policy questions may include: Special City Council Minutes December 10, 2013 Page 3 a. Should drinking water reduction goals be established for all types of land use in the City? The Council discussed the types of land uses and determined not to target specific land uses, but to target specific types of water uses. b. Should drinking water reduction goals be established for specific types of uses? The Council discussed the types of uses and suggested irrigation or high efficiency residential applications (i.e. shower heads, toilets, etc.) should be considered. c. Should the City provide incentives to encourage a reduction in drinking water usage? If so, to what extent shall the City provide financing for such incentives? The Council agreed the effort should be directed at more education and awareness before financing incentives. Commissioner Jeff LeClair provided additional information and gave a presentation. The Council discussed the proposed water conservation program with members of the Energy and Environment Advisory Commission. Commissioner Nadav provided a clarification of the WaterSense Program. VI. REVIEW 2014 LEGISLATIVE PRIORITIES City Administrator Osberg introduced the item noting the 2014 legislative priorities were prepared with input from each department of the City. In keeping with past practice, an effort was made not to duplicate all of the legislative positions or policies of municipal lobbying organizations. The format has been changed in an effort to condense the priorities and make them well - defined and more easily understood for the public. Osberg noted if so directed by the Council, formal action will be included on the December 17 City Council agenda. Once approved, the priorities will be sent to Eagan's legislative delegation to have in advance of the joint meeting with the Council on January 14, 2014. The Council reviewed the proposed 2013 Legislative Priorities and made recommendations for additions /changes to the priorities. VII. PROPOSED CHANGES TO THE GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION Director of Public Works Matthys introduced the item noting based on previous action the Gun Club Lake Watershed Management Organization Joint Powers Agreement will be terminated as of January 14, 2014. The City is proposing an Eagan -Inver Grove Heights Watershed Management Organization (WMO). Water Resource Manager Macbeth gave a staff report and was available for questions. The Council discussed the proposed Eagan -Inver Grove Heights WMO operations. The Council was in agreement to stay status quo with the board, appointing three Eagan residents to the board, which would also include two appointed from Inver Grove Heights with the option at a later date to potentially change to an all elected board that would meet once a year. Special City Council Minutes December 10, 2013 Page 4 VIII. OTHER BUSINESS City Administrator Osberg provided an update on the SAFER Grant and Northern Educate. IX. ADJOURNMENT Councilmember Tilley moved, Councilmember Bakken seconded a motion to adjourn at 9:47 p.m. Aye:5 Nay:O Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota DECEMBER 17, 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 17, 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, Assistant City Engineer Nelson, Fire Chief Scott, Police Chief McDonald, City Clerk Scipioni and Executive Assistant Stevenson. AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye:5 Nay :0 RECOGNITIONS AND PRESENTATIONS Mayor Maguire thanked the new fire fighters for their time and impending service to the City of Eagan. Fire Chief Scott administered the Oath of Office to the new volunteer fire fighters. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to adopt the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of December 3, 2013 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of Officer Michael Anderson and authorize hiring his replacement. 2. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation and Utilities. C. It was recommended to approve check registers dated November 29 and December 6, 2013. D. It was recommended to approve the 2013 -2014 Airport Relations Commission Work Plan. E. It was recommended to authorize the application of a second -year grant from Blue Cross & Blue Shield of Minnesota for a Streets Alive (Open streets) community event. F. It was recommended to authorize the application of a grant from the Metropolitan Regional Arts Council for a Community Arts Grant. G. It was recommended to approve the 2015 -16 Fee Schedule for the Eagan Community Center. H. It was recommended to approve an Amendment to Consulting Engineering Fee Schedule (2014). I. It was recommended to approve the MS4 Permit Application to MN Pollution Control Agency. 11 City Council Meeting Minutes December 17, 2013 2 page J. It was recommended to approve Change Order No. 1, City Contract No. 13 -01 (Cedar Grove Blvd Street & Utility Improvements). K. It was recommended to approve Final Payment, City Contract No.13 -24, Easter by the Lake — Thomas Lake Protection Project. L. It was recommended to approve an extension for Spectrum Business Park Conditional Use Permits and Variances. M. It was recommended to authorize Submittal of FY 2014 Community Development Block Grant Application to the Dakota County CDA. N. It was recommended to authorize Submittal of 2014 Redevelopment Incentive Grant Application to the Dakota County CDA. 0. It was recommended to approve a Temporary On -Sale Liquor License and waive the license fee for Trinity School at River Ridge on January 25, 2014. P. It was recommended 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. Q. It was recommended to approve the Final Plat — Cedar Grove 3rd Addition and acknowledge modification of unit count for The Flats at Cedar Grove. PUBLIC HEARINGS 2014 FEE SCHEDULE City Administrator Osberg introduced the item noting the Council will be asked to approve the 2014 Fee Schedule establishing the fees for various City services, supplies and materials. Assistant Finance Director Feldman was available for questions. Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and adopt a resolution approving the 2014 Fee Schedule establishing fees for various City services, supplies and materials. Aye: 5 Nay: 0 VARIANCE — 586 TODD AVENUE (BRANDON SMITH) City Administrator Osberg introduced the item noting the Council will be asked to approve a 17' variance request located at 586 Todd Avenue containing a single - family home with property abutting Highway 3 to the east. The applicant proposes a 16' x 23.5' addition to the east side of the garage. City Planner Ridley gave a staff report. The Council discussed the variance request. Mayor Maguire opened the public hearing. A resident addressed the Council noting her support for the variance. There being no further comment, Mayor Maguire turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve a Variance of approximately 17' to the minimum required 50' structure setback from a public right -of -way to allow a City Council Meeting Minutes December 17, 2013 3 page garage addition for property located at 586 Todd Avenue, subject to the following conditions: Aye: 5 Nay: 0 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 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. VARIANCE — PARADISE CAR WASH City Administrator Osberg introduced the item noting the site was developed in 1988 with a car wash facility. A Conditional Use Permit to allow the car wash and motor fuel sales was approved the same year. In 2013 a Building Permit was issued for a major exterior renovation. Osberg noted 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. City Planner Ridley gave a staff report. The applicant Steve Smith provided some background on the business, the recent remodel of the facility and stated he was available for questions. Mayor Maguire opened the public hearing. There being no public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Variance to allow a detached trash enclosure for property located at 1355 Town Centre Drive, subject to the following conditions: Aye: 5 Nay: 0 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 is required prior to commencing 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. City Council Meeting Minutes December 17, 2013 4 page OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT — GREGORY PREUSSE City Administrator Osberg introduced the item noting the Council is being asked to give consideration to authorization and 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. City Planner Ridley gave a staff report noting City staff received one letter of objection to the proposed amendment. Gregory Preusse, the applicant, gave a summary of his request and was available for questions. The Council discussed the Comprehensive Guide Plan Amendment. 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 the discussion back to the Council. Councilmember Hansen moved, Councilmember Tilley seconded a motion 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. Aye: 3 (Councilmembers Fields, Hansen, Tilley) Nay: 2 (Mayor Maguire, Councilmember Bakken) ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 5.52 REGARDING THE NUMBER OF AVAILABLE ON -SALE LIQUOR LICENSES City Administrator Osberg introduced the item noting 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. Osberg noted in 2003 the Legislature effectively eliminated the liquor license cap by exempting clubs, restaurants, hotels, theaters and bowling centers. The proposed ordinance amendment removes the limitation to the number of on -sale liquor licenses the City may issue. City Clerk Scipioni was available for questions. Mayor Maguire asked if anyone in the audience would like to comment on the ordinance amendment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion 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. Aye: 5 Nay: 0 NEW BUSINESS There were no new business items to be heard. �a City Council Meeting Minutes December 17, 2013 5 page LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Osberg introduced the item noting staff discussed the 2014 Legislative Positions with the Council at the December 10th workshop, and received input on some suggested changes. 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. Osberg noted in keeping with past practice, the City's legislative priorities and positions will be sent to each member of Eagan's legislative delegation in advance of the January 14, 2013 Special City Council meeting, at which the Council and legislative delegation will have an opportunity to dialogue about the City's positions. The Council discussed the positions. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the City of Eagan's 2014 Legislative Positions as amended. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire thanked staff for their time and commitment over the past year. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:41 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk �6 Agenda Information Memo January 7, 2014 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Approve 2014 non -union Compensation Plan. ACTION TO BE CONSIDERED: Approve the proposed 2014 non -union Compensation Plan for all regular non - collective bargaining employees, which will reflect a 1% increase effective on or about January 1, 2014 and a 1% increase effective on or about July 1, 2014, to coincide with the pay period. FACTS: • These 1% increases also apply to the on -call pager pay plan for non - exempt Information Technology employees (approved by City Council in 2009) and the Custodial on -call Stipend (approved by City Council February 2013). • Parks & Recreation Seasonal Compensation Plan: A market study was recently conducted of similar parks and recreation positions of the City of Eagan's comparable cities. The City of Eagan continues to maintain wages within the 75t" percentile of the external market. Therefore, the 2014 Parks & Recreation Seasonal Compensation Plan is proposed to remain status quo with rates unchanged from 2013. Intern Compensation Plan: A market study was recently conducted of similar internship related positions of the City of Eagan's comparable cities. The City of Eagan continues to maintain wages within the 75th percentile of the external market. Therefore, the 2014 Intern Compensation Plan is proposed to remain status quo with rates unchanged from 2013. Item 2. Health Care Savings Plan — Section 42 of the Personnel Policy ACTION TO BE CONSIDERED: Approve the changes to the Health Care Savings Plan for the identified non -union groups. BACKGROUND: The Minnesota State Retirement System (MSRS) manages the Health Care Savings Plan for all City of Eagan employees. MSRS requires that the plan designs be reviewed every two years or at �y the time a collective bargaining agreement is renewed. Therefore, the non -union groups met to review their plan designs with HCSP to determine by simple majority if changes should be made for years 2014 - 2015. FACTS: • There are eight non union employee HCSP groups. Of those, three groups made changes to their contribution levels. • The complete policy is available in the City Administrator's office. Item 3. Employment Status Change for Temporary GIS Technician ACTION TO BE CONSIDERED: Approve the status change of Aaron Menza, GIS Technician, from a full time temporary position to full time regular employment status. FACTS: • Per the approved 2014 Public Utilities Budget, GIS Technician, Aaron Menza is proposed to be reclassified to a full time regular employment status. Item 4. Employment Status Change for Office Support Specialist ACTION TO BE CONSIDERED: Approve the status change of Janet Bolger, part time Office Support Specialist, from 20 hours per week to 10 hours per week. FACTS: Over the past several years the City has experienced a number of changes in Administration, the City Clerk's office and within the Utility Billing function of the Finance Department, which has resulted in gained efficiencies in the work flow. Through this work flow analysis, it was determined that 10 hours per week will provide adequate staffing coverage. Item 5. Firefighter Declaration on a Dual Position ACTION TO BE CONSIDERED: Approve the following resolution to declare the positions of Fire Marshal and Fire Prevention Specialist as Dual Positions under the Public Employees Retirement Association of Minnesota. �5 FACTS: On March 26, 2012, the Eagan Fire Department hired a new Fire Inspector. On June 4, 2012, the Eagan Fire Department hired a Fire Prevention Specialist. It was the intent of the Eagan Fire Department that both of these positions would serve a dual role; in that they would work according to their assigned duties in these positions and they would also continue in their capacity as paid on call Fire Fighters. According to PERA, this is acceptable under certain circumstances. PERA has reviewed the job descriptions of these two positions and agree that they may continue in this dual capacity with the understanding that the Eagan City Council will pass a resolution declaring that these two job descriptions serve a dual capacity of Fire Inspector /Fire Fighter and Fire Prevention Specialist /Fire Fighter. ATTACHMENTS: The Firefighter Declaration on a Dual Position resolution is enclosed on page t16 . Item 6. ACTION TO BE CONSIDERED: Approve the hiring of Jennifer Hammer, PT Police Clerical Technician IV. FACTS: 0 The City Council previously approved to fill the position on September 3, 2013. Item 7. ACTION TO BE CONSIDERED: Approve the hiring of Seasonal Employees in Parks & Recreation, Utilities and Engineering: Name Division Job Title Deysach, Catherine Civic Arena Building Attendant I Scipioni, Andrew Engineering Engineering Intern Tierney, Christine Parks & Rec Art House Instructor Marks, Ryan Parks & Rec Recreation Program Assistant Andersen, Jule Parks & Rec Winter Recreation Leader Biermeier, Josh Parks & Rec Winter Recreation Leader Boursell, Joe Parks & Rec Winter Recreation Leader Brandt, Jordan Parks & Rec Winter Recreation Leader Czaplewski, Chad Parks & Rec Winter Recreation Leader Edwards, Heidi Parks & Rec Winter Recreation Leader G(J) Galatowitsch, Nikki Parks & Rec Winter Recreation Leader Giesen, Jessica Parks & Rec Winter Recreation Leader Kalb, Connor Parks & Rec Winter Recreation Leader Kunik, Kevin Parks & Rec Winter Recreation Leader Kunik, Neal Parks & Rec Winter Recreation Leader Lamay, Richard Parks & Rec Winter Recreation Leader Larson, Bradi Parks & Rec Winter Recreation Leader Rausch, Robert Parks & Rec Winter Recreation Leader Richard, Emma Parks & Rec Winter Recreation Leader Richard, Walt Parks & Rec Winter Recreation Leader Russell, Chris Parks & Rec Winter Recreation Leader Schoenecker, Justin Parks & Rec Winter Recreation Leader Schuetz, Nick Parks & Rec Winter Recreation Leader Selvestra, Blake Parks & Rec Winter Recreation Leader St. Martin, Ben Parks & Rec Winter Recreation Leader Stevenson, Kevin Parks & Rec Winter Recreation Leader Wall, Ryan Parks & Rec Winter Recreation Leader Weldon, Brady Parks & Rec Winter Recreation Leader Wind, Brendan Parks & Rec Winter Recreation Leader Wollin, Jordan Parks & Rec Winter Recreation Leader Wollin, Justin Parks & Rec Winter Recreation Leader Ruth, Kayla Utilities GIS Seasonal Doerr, Ben Utilities Utility Intern �n Firefighter Declaration on a Dual Position WHEREAS, the policy of the State of Minnesota as declared in Minn. Stat. Section 353.63 is to give special consideration to firefighters who are required to perform hazardous work and who devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minnesota Statutes Chapter 353 permits the governing body of a governmental subdivision to request coverage in a Public Employees Police and Fire Plan for all services rendered by an employee holding a fire service position that requires firefighting on a primary basis and related non -fire firefighting duties on a secondary basis; provided further, that none of the firefighting services rendered by the employee are earning credits in a relief association that operates under Chapter 424A. WHEREAS, for the governing body to declare to the Public Employees Retirement Association that a fire department position with dual roles is that of a firefighter who is eligible to participate in the Police and Fire Plan, the duties and training qualifications of the position and employee must meet the following minimum requirements: 1. The position is required and the employee holds a Firefighter I or Firefighter 11 state certification or meets the equivalent training standards established by the fire department; and 2. The primary services of the position are firefighting. Primary is understood to mean the highest priority task and a job requirement that the employee respond on a regular basis to the fire calls (and medical emergencies, if applicable) that are received at a fire station to which the employee is assigned denting the employee's established work hours. BE IT RESOLVED that the Eagan City Council of the City of Eagan Fire Department hereby declares that the position entitled Fire Inspector currently held by Thomas C. Schellinger is for primary services that of a fire fighter who qualifies for membership in the Police and Fire Plan. BE IT FURTHER RESOLVED that the Eagan City Council of the City of Eagan Fire Department hereby declares that the position entitled Fire Prevention Specialist currently held by Marie C. Segar is for primary services that of a fire fighter who qualifies for membership in the Police and Fire Plan. BE IT FURTHER RESOLVED that this governing body herby requests that the employees holding these positions be accepted as members of the Police and Fire Plan effective the date of these employee's initial Police and Fire Plan salary deduction by the governmental subdivision. STATE OF MINNESOTA COUNTY OF DAKOTA I, Christina Scipioni, Clerk the of the City of Eagan, do hereby certify that this is true and correct transcript of the resolution that was adopted at a meeting held on the 7`" day of January, 2014; the original of which is on file in this office. I further certify that members voted in favor of this resolution and that _members were present and voting. Signed: 1 Date: Agenda Information Memo January 7, 2014 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated December 13, 2013 as presented. ATTACHMENTS: • Check register dated December 13, 2013 are enclosed without page number �q Agenda Information Memo January 7, 2014 Eagan City Council Meeting CONSENT AGENDA D. Adopt a resolution accepting a $1,750.00 donation from Wal -Mart ACTION TO BE CONSIDERED: Adopt a Resolution accepting a $1750.00 donation from Wal -Mart, which will be used by the Eagan Police Department to purchase Holiday gifts for the Police Department's "Shop with a Cop" program. FACTS: • The Wal -Mart store donated $1,750.00 to the police department for the annual "Shop with a Cop" program. • The idea behind the program is to connect with kids whose families have had contact with police or are in need of assistance. • The program, which is a nationwide event, is intended to enhance the image of the police. • The funds will be used during this year's "Shop with a Cop" event. • Approving the resolution/accepting the donation will also authorize $1,750.00 budget adjustment to line item 1104 -6477 in the police department's 2013 budget. ATTACHMENTS: Resolution on page 00 CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Wal -Mart WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Wal -Mart has presented the Police Department with a donation in the amount of $1,750.00 as reimbursement for "Shop with a Cop" program. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; and an adjustment is made to line item # 1104 -6477 in the police department's 2013 budget; BE IT FURTHER RESOLVED, that the City sincerely thanks Wal -Mart for the gracious and generous donation. ADOPTED this 7th day of January, 2014 Motion by: Seconded by: Those in Favor: Those Against: Date: a` CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Agenda Information Memo January 7, 2014, Eagan City Council Meeting CONSENT AGENDA: E. Adopt a resolution accepting a donation from an anonymous citizen and authorize a corresponding budget adjustment. ACTION TO BE CONSIDERED: Adopt a resolution accepting a $7,800.00 cash donation from an anonymous citizen that will help support the police department's canine program. FACTS: • A citizen contacted the Eagan Police Department and wished to forward a $7,800 donation to purchase a dog for the department's canine program. • Adopting the resolution will necessitate the need for a budget adjustment of $7,800.00 to line item # 1104 -6220 in the police department's 2013 budget. • The police department seeks authorization to accept this donation from the anonymous citizen. ATTACHMENTS Resolution on page a�) J CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Anonymous Citizen WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, an anonymous citizen has presented the police department with a donation in the amount of $7,800. The funds will be used to purchase a new canine. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City, and an adjustment is made to line item # 1104 -6220 in the police department's 2013 budget; BE IT FURTHER RESOLVED, that the City sincerely thanks the anonymous citizen for the gracious and generous donation. ADOPTED this 7th day of January, 2014. Motion by: Seconded by: Those in Favor: Those Against: Date: C.) P) CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Consent Agenda Information Memo January 7, 2014 Eagan City Council Meeting CONSENT AGENDA: F. Accept a Grant from the State of Minnesota on behalf of the Dakota County Drug Task Force and approve a resolution authorizing execution of the agreement. ACTION TO BE CONSIDERED: To approve the resolution and except the 2014 grant on behalf of the Dakota County Drug Task Force. FACTS: • The Drug Task Force has received state and federal grant funds since its inception in 1988. • One municipality has always acted as its fiscal agency. The City of Eagan assumed this responsibility in 2005. The City of Eagan is now responsible for book keeping, budgeting and grant administration. • The State of Minnesota Office of Justice Programs has awarded the Drug Task Force $295,546 for 2014. The Dakota County Drug Task Force uses this funding to supplement the administration of the unit. • A copy of the grant contract is attached for the Mayor and City Clerk to endorse. • Along with the grant contract for signature is the resolution authorizing execution of the agreement. ATTACHMENTS: Copy of the 2014 drug task force grant contract and resolution on pages aS— DI , a� CITY OF EAGAN RESOLUTION ACCEPTING DONATION /GRANT TO THE CITY OF EAGAN ON BEHALF OF THE DAKOTA COUNTY DRUG TASK FORCE State of Minnesota WHEREAS, the City Council of the City of Eagan encourages public donations /grants to help defray the costs; and WHEREAS, the State of Minnesota has presented the City of Eagan on behalf of the Dakota County Drug Task Force with a donation/grant in the amount of $295,546.00 to support drug task force operations; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation/grant is hereby accepted for use by the Dakota County Drug Task Force. ADOPTED this 7th day of January, 2014. Motion by: Seconded by: Those in Favor: Those Against: Date: Q5 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk �( ` Grant Agreement Page 1 of 2 Minnesota Department of Public Safety ( "State ") Grant Program: Commissioner of Public Safety Violent Crime Enforcement Teams 2014 Office of Justice Programs 445 Minnesota Street, Suite 2300 Grant Agreement No.: St. Paul, MN 55101 -2139 A -VCET- 2014 - EAGANCI -00023 Grantee: Grant Agreement Term: City of Eagan Effective Date: 1/1/2014 3830 Pilot Knob Road Expiration Date: 12/31/2014 Eagan, Minnesota 55122 -1897 Grantee's Authorized Representative: Grant Agreement Amount: Tom Pepper, Chief Financial Officer Original Agreement $295,546.00 City of Eagan Matching Requirement $0.00 3830 Pilot Knob Road Eagan, Minnesota 55122 -1897 (651) 675 -5017 State's Authorized Representative: Federal Funding: CFDA 16.738 Kristin Lail, Grants Specialist Coordinator State Funding: Minnesota Laws of 2013, Chapter Office of Justice Programs 86, Article 1, Section 12 Bremer Tower, Suite 2300, 445 Minnesota Street Special Conditions: None St Paul, Minnesota 55101 (651) 201 -7322 Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant agreement. Term: Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. Once this grant agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a State employee will: Perform and accomplish such purposes and activities as specified herein and in the Grantee's approved Violent Crime Enforcement Teams 2014 Application ( "Application ") which is incorporated by reference into this grant agreement and on file with the State at Bremer Tower, 445 Minnesota Street, Suite 2300, St. Paul, Minnesota 55101 -2139. The Grantee shall also comply with all requirements referenced in the Violent Crime Enforcement Teams 2014 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (http: / /gpp.dps.mn.gov /E rg ants), which are incorporated by reference into this grant agreement. Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A, which is attached and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.) As stated in the Grantee's Application, the Grantee certifies that the matching requirement will be met by the Grantee. Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the DPS Grant Agreement non -state (09/08) Q `r Grant Agreement Page 2 of 2 Grantee after the Grantee presents an invoice for the services actually perforined and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying fonn provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION Individual certifies that f ends have been encumbered as required by Minn. Stat. §§ 16A.15 and 16005. Signed: Date: Grant Agreement No. A -VCET- 2014- EAGANCI- 00023/ 3 -24127 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: DPS Grant Agreement non -state (09/08) 3. STATE AGENCY By: (with delegated authority) Title: Date: C)� Distribution: DPS/FAS Grantee States'Authorized Representative Agenda Information Memo January 7, 2014 Eagan City Council Meeting U", STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1138 (Cedar Industrial Park (Mordelann Addition/ MVTA 3rd Addition/ Seneca Plant) - Street Improvements) and schedule a public hearing to be held during the first regular Council meeting in February, 2014 (tentatively scheduled for February 4, 2014). FACTS: • On June 4, 2013, . the City Council directed staff to prepare a feasibility report considering the rehabilitation of the commercial /industrial streets within the Cedar Industrial Park area (Mordelann Addition/ MVTA 3rd Addition/ Seneca Plant), located south of Yankee Doodle Road and west of Trunk Highway 13, in west- central Eagan. • A structural mill & overlay of these streets is programmed for 2014 in the City of Eagan's 5 -Year Part III Capital Improvement Program (2014- 2018). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility. Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing to be held during the first regular Council meeting in February, 2014, which is tentatively scheduled for Tuesday, February 4, 2014. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. FILE Agenda Information Memo January 7, 2014 Eagan City Council Meeting H. PROJECT 1114, CEDAR GROVE 5tn_7th, 9th_11th, KEN APPELBAUM & BRIAR HILL 3RD ADDITIONS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 1114 (Cedar Grove 5TH_7TH, 9TH_IITH, Ken Appelbaum & Briar Hill 3rd Additions - Street Improvements) and schedule a public hearing to be held during the first regular Council meeting in February, 2014 (tentatively scheduled for February 4, 2014). FACTS: • On June 4, 2013, the City Council directed staff to prepare a feasibility report considering the rehabilitation of the residential neighborhood streets within Cedar Grove 5"-7th, 9tn_l lth, Ken Appelbaum and Briar Hill 3rd Additions, located south of Silver Bell Road and east of Rahn Road, in west - central Eagan. • A structural mill & overlay of these streets is programmed for 2014 in the City of Eagan's 5 -Year Part III Capital Improvement Program (2014- 2018). • An informational neighborhood meeting will be held with the adjacent property owners prior to the formal public hearing to review and discuss the proposed improvements. • A draft of this Feasibility Report has been prepared and is being presented to the Council for their consideration of scheduling a public hearing to be held during the first regular Council meeting in February, 2014, which is tentatively scheduled for Tuesday, February 4, 2014. ATTACHMENTS: • Draft Feasibility Report, attached without page numbers. JG Agenda Information Memo January 7, 2014 Eagan. City Council Meeting I. PROJECT 1144, CLIFF ROAD BOOSTER STATION PUMP ADDITION ACTION TO BE CONSIDERED: Approve Project 1144 (Cliff Road Booster Station - Pump Addition) and authorize the preparation of detailed final plans and specifications for the purpose of soliciting bids for a contract. FACTS: • The City of Eagan's water distribution system incorporates five different pressure zones due to the change in elevation from the lowest point along the Minnesota River to the highest elevations in the southern portion of the city. The different pressure zones help to ensure that all properties have adequate water pressure for their basic needs. • The City's Comprehensive Water. Supply and Distribution Plan of 1996 first identified the need to create an Ultra -High Water Pressure Zone in the Fairway Hills /Parkcliff neighborhoods as part of the ultimate water distribution system build out. It was reaffirmed in the most recent 2008 Water Supply Plan update approved by Council on January 20, 2009. • On February 21, 2012, the City Council directed the preparation of a detailed Feasibility Report (Project 1054) to further investigate the scope, benefit, cost, schedule and financing associated with creating this Ultra -High Water Pressure Zone in the water distribution system. • On May 15, 2012, the Council awarded Contract 11 -05 to construct a booster station (Cliff Road Booster Station) and a pressure sustaining station, with related system piping and controls, creating the fifth pressure zone (Ultra -High Pressure Zone) for the water distribution system located primarily east of Pilot Knob Road and south of Cliff Road. Project construction was substantially complete in November 2012 and the station completely operable in December 2012. • The Cliff Road Booster Station was planned and constructed with a planned pump expansion once the Parkview Golf Course began to develop in accordance with the previously approved feasibility report. • With the relatively quick development of the Dakota Path development (the former Parkview Golf Course), the final pump should be installed to assure the pressure zone water demand and operating pressures can be met, as defined in the Project 1054 Feasibility 'Study, for three neighborhoods (Fairway Hills, Dakota Path, and Park Cliff). • Project 1144 includes additional booster pump improvements that would incorporate the installation of the final pump for the Cliff Road Booster Station. The engineer's estimated cost of $65,000 for these improvements would be provided by the Combined Utilities Trunk Fund. �J0 Agenda Information Memo January 7, 2014 Eagan City Council Meeting J. CONTRACT 14. -07, WATER SYSTEM IMPROVEMENTS WELL REHABILITATION ACTION TO BE CONSIDERED: Receive the bids for Contract 14 -07 (2014 City Well Rehabilitation) and award a contract to Keys Well Drilling Company for the base bid in the amount of $130,400.00, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City's Public Works Department (Utilities Division) operates, 21 deep water wells as the source of Eagan's municipal drinking water supply. • The average operational life of a deep water well is approximately seven years, or 45,000 running hours. On average, the City of Eagan contracts to rehabilitate three wells per year. • At the end of the operational life, wells are refurbished or rehabilitated. Refurbishing includes equipment removal, equipment disassembly and inspection, replacement of worn or broken parts, equipment reassembly, coating protection, televising the actual well (determine physical condition), cleaning the casing, installation, and final inspection /testing. • The proposed rehabilitations of City Wells #10, #20, and #21 are programmed for 2014 in the City of Eagan's 5 -Year Capital Improvement Program (Part III CIP 2014 - 2018). • On December 2, 2013, three bid proposals were received (see attached summary). The low bid, a combined base bid of $130,400.00, was 6.9% below the Engineers estimate of $140,000. • All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid of $130,400.00 from Keys Well Drilling. Company has been reviewed by Public Works staff and found to be in order for favorable Council action. ATTACHMENT: •. Bid Summary Tabulation, page �a N BID SUMMARY 2014 MUNICIPAL WELL REHABILITATION CITY PROJECT NO. 1148 CITY CONTRACT NO. 14 -07 Bid Date/ Time: 3:00 p.m., Monday, December 2, 2013 Well 10 Estimate: $45,000 Well 20 Estimate: $45,000 Total Over /Under Contractors Base Bid Estimate Keys Well Drilling $43,005 -4% Bergerson - Caswell $46,740 4 % E. H. Renner $52,338 16 % Well 20 Estimate: $45,000 Well 21 Estimate: $50,000 Total Over /Under Contractors Base Bid Estimate Keys Well Drilling $38,955 -13% Bergerson - Caswell $41,970 -7% E. H. Renner $47,491 6% Well 21 Estimate: $50,000 12/23/2013 Total Over /Under Contractors Base Bid Estimate Keys Well Drilling $48,440 -3 % Bergerson - Caswell $51,570 3% E. H. Renner $57,387 15% 12/23/2013 Agenda Information Memo January 7, 2014 Eagan City Council Meeting K. CONTRACT 13 -05, CEDAR GROVE PARKING GARAGE ACTION TO BE CONSIDERED: Approve Change Order No. 2 to Contract No. 13 -05 (Cedar Grove Parking Garage) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Contract 13 -05 provides for the construction of a public parking structure on the north side of Cedar Grove Parkway adjacent to the Paragon Outlets property. The proposed project includes a structure that provides 1,543 parking stalls and is designed with two levels, with the structural capacity to add a third level in the future. On August 20, 2013,. the City Council awarded the base bid for Contract 13 -05 for these improvements to PCL Construction Services, Inc.. Change Order #2 provides for: • Reduction of the size of storm sewer pipe. An existing storm sewer structure was found to be smaller than indicated in the plans allowing for a reduction in the associated storm sewer pipe size from 36" to 24 ". DEDUCT $3,612.00 • Modifications to reinforcement of cast -in -place concrete elements. Modifications to the rebar reinforcement of the slab -on -grade and girder structures are needed to address actual conditions in field and purpose of design. ADD $26,313.00 • Addition of street lighting wiring. Electrical wiring for street lights within the adjacent public right -of -way was not included in the original design and contract. ADD $40,812.00 The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and region. The change order provides for a net additional cost of $63,513.00 (0.36% of original contract) with no change in the completion date of the original contract. The cost of the additional work under the change order will be the responsibility of the City's Economic Development Authority (EDA). The change order has been reviewed by the Public Works Department and the City's consultant, Walker Parking Consultants, and found to be in order for favorable Council action. Agenda Information Memo January 7, 2014 Eagan City Council Meeting L. PROJECT 1011, TH 551 TH 149, TRAFFIC & SAFETY IMPROVEMENTS EASEMENT ACQUISITION ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 1011 (TH. 55/ TH 149 — Traffic & Safety Improvements) with the owner of Parcel No. 10- 53790 -01 -030 and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation in the upgrade of Trunk Highway (TH) 55 to a six -lane divided highway between the south intersection with TH 149 and the north intersection with TH 149 for transportation, safety and capacity improvements. • These roadway and intersection improvements on TH 55 require the acquisition of permanent and temporary easements from the impacted adjacent properties. • Appraisals have been obtained for all required easements. An offer was accordingly forwarded to the legal representative of the Country Inn & Suites, 3035 Holiday Lane. A value of $4,170 for the temporary easement was negotiated between the parties. The property's representative has accepted the City's offer. • An agreement between the City of Eagan and LOF Eagan, LLC, the owner of Parcel No. 10- 53790 -01 -030, Lot 3, Block 1, Oakview Center, has been prepared providing for the acquisition cost for the necessary easement. • Public Works (Engineering) staff and the City Attorney's office have reviewed the agreement and found it to be in order for favorable Council action. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session. 34 Agenda Information Memo January 7, 2014 City Council Meeting M. APPROVE ISSUANCE OF AN RFP FOR GIS CONSULTING SERVICES ACTION TO BE CONSIDERED: To approve the issuance of an RFP for GIS Consulting Services FACTS: • The City of Eagan has been actively using Geographic Information Systems (GIS) since 1995. First introduced in the Public Works department, GIS is now used in all City departments as a valuable tool to deliver services to the public. • In 2012, efforts were made to centralize GIS services and management to best serve the City as a whole. • To assist the City in short and long term planning of GIS functions, a comprehensive plan is proposed to be developed with the assistance of a consultant specializing in local government GIS service delivery. • The purpose of the plan being sought is to serve as a guide to make informed decisions about the direction and level of GIS services at the City of Eagan. • An RFP has been developed to seek an experienced GIS professional to provide consulting services. Once the proposals are received and evaluated, any future consulting contract would be brought to the City Council for formal consideration. ATTACHMENTS: For a copy of the RFP in its entirety, please contact the City Administrator's office. -3J Agenda Information Memo January 7, 2014 Eagan City Council Meeting N. PROJECT 1140, STONEBRIDGE PONDS STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Reschedule the public hearing for Project 1140 (S.tonebridge Ponds - Street Improvements) to January 21, 2014. FACTS: • The resurfacing of the residential streets within the Stonebridge Ponds Addition neighborhood in east- central Eagan, has been programmed for 2014 in the City's 5- Year Capital Improvement Program. • On June 4, 2013, the City Council directed staff to prepare a feasibility report considering a rehabilitation of these streets. • On December 3, 2013, the feasibility report for Project 1140 was presented to the City Council and a Public Hearing was scheduled for January 7 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 30 for the adjacent property owners to discuss the proposed improvements. Of the 16 total properties (all single- family homes) proposed to be assessed under this improvement, 1 resident attended the meeting. • All notices were sent to all affected property owners informing them of this public hearing. • The notice of the public hearing was not published in the legal newspaper. As this is required, it is appropriate for the City Council to reschedule the public hearing to the January 21, 2014, Council meeting. • All affected property owners will be mailed a new notice informing them of the rescheduling of the public hearing, and notice will be published in the legal newspaper. ATTACHMENTS: • Neighborhood Meeting Minutes, pages � through 3g . 0 Stonebridge Ponds Neighborhood Street Revitalization City Project No. 1140 Informational Meeting — 5:30 P.M. Monday, December 30, 2013 Conference Room 1AB Attendance Aaron Nelson, Assistant City Engineer, 1 resident representing 1 single family home (see attached sign -in sheet). This meeting was held concurrently with the Oakwood Heights 2nd Addition neighborhood in which no residents attended. Presentation of Project Details Nelson welcomed the resident and presented project information, including details such as construction, costs, schedule and assessments. A short ETV video on the street improvement process was also shown. Questions/ Comments 1. How old are the streets in the neighborhood? The first block was built in 1985, and the remainder was 1993. 2. How long will the construction last? Construction is anticipated to begin in May (weather dependent). The size and scope of the improvements will likely result in approximately a 3 week construction timeframe. 3. How are assessments calculated? With residential properties, the city shares the cost of all work performed between the curbs 50150 with the adjacent property owners. Any work in the curbs or boulevard is paid 100% by the city. The property owner's portion is split evenly among all lots in the neighborhood. 4. How and when will the final assessment amounts be determined? A letter will be mailed to all properties this fall after construction is complete. The letter will include the final assessment amounts associated with each property. It will also invite property owners to another public hearing that specifically addresses the final costs. At the close of this meeting and the City Council's corresponding approval of the final assessment costs, there is a 30 day window in which payments can be made without interest. Payment during this 30 -day period should be made at city hall. After the 30 -day period, any remaining portion of the assessment will be forwarded to Dakota County for collection as part of the property taxes. 3.5% to 5% interest is anticipated to be charged annually until paid in full. 5. How much damage to the concrete curb and gutter warrants repairs? It is common for concrete to crack. If the crack is tight and the curb is still functional, the curb will likely remain in place. If the crack is separated, heaved, or offset, or large chunks are missing that make the gutter not function properly, then the curb will likely be repaired. 6. Some manholes are currently settled into the street. Will they be raised to the new street elevation? Right before the street is paved, all manholes and gate valves in the street will be adjusted to the new street elevation. The meeting adjourned at 6:05 p.m. Jq Stonebridge Ponds Addition Neighborhood Meeting Project 1140, Contract 14 -03 Monday, December 30, 2013 5:30 p.m. — Conference Room 1AB NAME HOUSE NUMBER & STREET PHONE I - W 3 C6- 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. PLO Agenda Information Memo January 7, 2014 Eagan City Council Meeting O. PROJECT 1139, OAKWOOD HEIGHTS 2ND ADDITION STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Reschedule the public hearing for Project 1139 (Oakwood Heights 2nd Addition - Street Improvements) to January 21, 2014. FACTS: • The resurfacing of the residential streets within the Oakwood Heights 2nd Addition neighborhood in southeast Eagan, has been programmed for 2014 in the City's 5 -Year Capital Improvement Program. • On June 4, 2013, the City Council directed staff to prepare a feasibility report considering a rehabilitation of these streets. • On December 3, 2013, the feasibility report for Project 1139 was presented to the City Council and a Public Hearing was scheduled for January 7 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 30 for the adjacent property owners to discuss the proposed improvements. Of the 38 total properties (residential twin homes) proposed to be assessed under this improvement, no one attended the meeting. • All notices were sent to all affected property owners informing them of this public hearing. • The notice of the public hearing was not published in the legal newspaper. As this is required, it is appropriate for the City Council to reschedule the public hearing to the January 21, 2014, Council meeting. • All affected property owners will be mailed a new notice informing them of the rescheduling of the public hearing, and notice will be published in the legal newspaper. Agenda Information Memo January 7, 2014 Eagan City Council Meeting P. PROJECT 1137, ALDEN POND STREET IMPROVEMENTS ACTION TO BE CONSIDERED: Reschedule the public hearing for Project 1137 (Alden Pond - Street Improvements) to January 21, 2014. FACTS: • The resurfacing of Alden Pond Lane, a residential street within the Alden Pond Addition in west- central Eagan, has been programmed for 2014 in the City's 5 -Year Capital Improvement Program. • On June 4, 2013, the City Council directed staff to prepare a feasibility report considering a rehabilitation of this street. • On December 3, 2013, the feasibility report for Project 1137 was presented to the City Council and a Public Hearing was scheduled for January 7 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 30 for the adjacent property owners to discuss the proposed improvements. Of the 214 total units (R3 rental townhomes) proposed. to be assessed under this improvement, all owned by a property management company, 2 representatives of the property owner attended the meeting. • All notices were sent to all affected property owners informing them of this public hearing. • The notice of the public hearing was not published in the legal newspaper. As this is required, it is appropriate for the City Council to reschedule the public hearing to the January 21, 2014, Council meeting. • All affected property owners will be mailed a new notice informing them of the rescheduling of the public hearing, and notice will be published in the legal newspaper. ATTACHMENTS: • Neighborhood Meeting Minutes, pages through. 140 Alden Pond Neighborhood Street Revitalization City Project No. 1137 Informational Meeting --3:00-P.M. Monday-, December 30, 2013 Conference Room 1AB Attendance Aaron Nelson, Assistant City Engineer, 2 representatives of the management company that owns all 214 rental units in the Alden Pond area (see attached sign -in sheet). Presentation of Project Details Nelson welcomed the property representatives and presented project information, including details such as construction, costs, schedule and assessments. A short ETV video on the street improvement process was also shown. Questions/ Comments 1. Will the management company be notified before construction begins? After the project is bid, and a contract awarded to the contractor, the city will mail more construction specific information to all property owners in the area. This information typically includes the project scope, approximate construction timeframe, what to expect during construction, and contact information for the city inspectors. The city asks that management companies share this information with their tenants. 2. How long will the construction last? Construction is anticipated to begin in May (weather dependent). The size and scope of the improvements will likely result in a 3 -4 week construction timeframe. 3. Will the road be open during construction? Will access be maintained to driveways? All roads will be open to traffic during construction. We do not anticipate any road closures during the work, however, some phases will require short term lane closures and the contractor will use traffic control devices or flagmen to help direct traffic. Access to driveways should be maintained throughout construction. If curb needs to be replaced at a driveway, residents can park in front of their homes while the concrete cures. 4. How are assessments calculated? With residential properties, the city shares the cost of all work performed between the curbs 50150 with the adjacent property owners. Any work in the curbs or boulevard is paid 100% by the city. The property owner's portion is split evenly among all lots in the neighborhood. In this case, the management company is the only property owner, so all assessed costs will be their responsibility. 5. How and when will the final assessment amounts be determined? A letter will be mailed to the property owner this fall after construction is complete. The letter will include the final assessment amounts. It will also invite property owners to another public hearing that specifically addresses the final costs. At the close of this meeting and the City Council's corresponding approval of the final assessment costs, there is a 30 day window in which payments can be made without interest. Payment during this 30 -day period should be made at city hall. After the 30 -day period, any remaining portion of the assessment will be forwarded to Dakota County for collection as part of the property taxes. 3.5% to 5% interest is anticipated to be charged annually until paid in full. 6. If an irrigation system is damaged, how are repairs performed? The city will provide flags for property owners to mark their irrigation systems. If they are properly marked, the contractor will have a good chance to avoid damage to the systems. However, if the system is properly marked and still gets damaged, the city's contractor has historically made the repairs. The meeting adjourned at 3:30 p.m. L—t Alden Pond Addition Project 1137 Contract 14 -03 Neighborhood Meeting Monday, December 30, 2013 3:00 p.m. Conference Room 1 AB LAD, NAME HOUSE NUMBER & STREET PHONE 1. /L-)) � ,11tic� .tom �,� �� ✓� 1� Lt ��, �,� 3�'� L�� 1 -� 2- I� `� 2. KVJ 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. LAD, Agenda Information Memo January 7, 2014 Eagan City Council Meeting Q. EAGAN -INVER GROVE HEIGHTS WATERSHED MANAGEMENT ORGANIZATION JOINT POWERS AGREEMENT ACTION TO BE CONSIDERED: Approve the Eagan -Inver Grove Heights Watershed Management Organization Joint Powers Agreement to be in effect as of January 15, 2014, authorize publication of notice of vacancies for three board member positions and one alternate position, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The Gun Club Lake Watershed Management Organization ( GCLWMO) was formed June 1, 1985 through a joint powers agreement (Agreement) between the cities of Eagan, Inver Grove Heights, and Mendota Heights under authority conferred by Minn. Stats. §§ 471.59 and 10313.211. • The Agreement's purpose, consistent with Minn. Stats. § 10313.201, was to provide an organization to regulate the natural water storage and retention of the Gun Club Lake Watershed to: (1) protect, preserve, and use natural surface and groundwater storage and retention systems; (2) minimize public capital expenditures needed to correct flooding and water quality problems; (3) identify and plan for means to effectively protect and improve surface and groundwater quality; (4) establish more uniform local policies and official controls for surface and groundwater management; (5) prevent erosion of soil into surface water systems; (6) promote groundwater recharge; (7) protect and enhance fish and wildlife habitat and water recreational facilities; and (8) secure the other benefits associated with the proper management of surface and groundwater. • On October 15, 2013, the City Council approved a resolution terminating the GCLWMO Joint Powers Agreement as of January 14, 2014, and authorized preparation of a replacement Joint Powers Agreement between the Cities of Eagan and Inver Grove Heights due to a letter from the City of Mendota Heights formally requesting termination of the Agreement. • On December 3, 2013, the Council approved a Plan of Dissolution and Distribution of Assets of the Gun Club Lake Watershed Management Organization in preparation of its termination. • On December 10, 2013, the Council reviewed the proposed operation of the draft Eagan -Inver Grove Heights Watershed Management Organization (EIGHWMO) and considered the associated board management. The Council directed staff to finalize preparation of the Joint Powers Agreement anticipating the appointment of three Eagan and two Inver Grove Heights board members. • As a special purpose unit of government, the EIGHWMO would be directed by a board of managers who are appointed by member cities. EIGHWMO powers and duties would include: (a) preparing and adopting a watershed management plan according to Minn. Stats. § 1038.231; (b) reviewing and approving member cities' local water management plans per Minn. Stat. § 10313.235; and (c) exercising the authority of a watershed district under Minn. Stat. § 103D when certain conditions exist. • The City of Inver Grove Heights approved this Agreement at their December 9, 2013, Council meeting. Upon City Council approval, operation of this new Agreement would be effective January 15, 2014, to provide a seamless transition with the terminating GCLWMO Agreement. ATTACHMENT: • Joint Powers Agreement, pages "f' 1 through. • Inver Grove Heights Letter, page. ,: JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION FOR THE EAGAN -INVER GROVE HEIGHTS WATERSHED THE PARTIES TO THIS AGREEMENT are cities that have land within the Eagan -Inver Grove Heights Watershed. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. §§ 471.59 and 10313.2 1 1. 1. Name. The parties hereby create and establish the Eagan -Inver Grove Heights Watershed Management Organization. 2. Purpose. The purpose of this Agreement is to provide an organization to regulate the natural water storage and retention of the Eagan -Inver Grove Heights Watershed, according to Minn. Stat. § 10313.201, to: (1) protect, preserve, and use natural surface and groundwater storage and retention systems; (2) minimize public capital expenditures needed to correct flooding and water quality problems; (3) identify and plan for means to effectively protect and improve surface and groundwater quality; (4) establish more uniform local policies and official controls for surface and groundwater management; (5) prevent erosion of soil into surface water systems; (6) promote groundwater recharge; (7) protect and enhance fish and wildlife habitat and water recreational facilities; and (8) secure the other benefits associated with the proper management of surface and ground water. 3. Definitions. Subdivision 1. Board means the Board of Managers of the WMO as hereinafter defined. Subdivision 2. Council means the governing body of the City of Eagan or the City of Inver Grove Heights. Nq Subdivision 3. Eagan -Inver Grove Heights Watershed or watershed means the area within the boundary delineated on the map, as set forth on Appendix A, as may be amended. Subdivision 4. Manager means an individual appointed by a member to comprise and serve on the Board. Heights. Subdivision 5. Member means the City of Eagan or the City of Inver Grove Subdivision 6. Watershed Management Organization (WMO) means the organization established by this Agreement - -the full name of which is "Eagan -Inver Grove Heights Watershed Management Organization," which shall be a public agency of its respective member cities. 4. Membership. The membership of the WMO shall consist of the cities of Eagan and Inver Grove Heights. No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of either city to be represented on the Board, so long as such city continues to exist as a separate political subdivision. 5. Advisory Committees. Subdivision 1. Citizen Advisory Committee. The Board may establish a Citizen Advisory Committee from the public at large. The Board may consult the Citizen Advisory Committee on the development, content, and implementation of the watershed management plan. Subdivision 2. Technical Advisory Committee. The Board may establish a Technical Advisory Committee to perform such duties as delegated by the WMO. Dakota County and the Dakota County Soil and Water Conservation District may be requested to appoint a nonvoting advisory person to assist the Board and /or to serve on the Technical Advisory Committee. 2 ,,� `) 6. Board of Managers. Subdivision 1. Appointment. The governing body of the WMO shall be its Board, which shall consist of five (5) managers. The City of Eagan shall appoint three (3) managers and the City of Inver Grove Heights shall appoint two (2) managers. Each city may designate alternates if necessitated by the absence of its respective manager(s). Subdivision 2. Eligibility or Qualification. Each council shall comply with state laws in determining the eligibility or qualification of its manager(s) and alternate(s) on the Board. Subdivision 3. Term. Managers and alternates shall serve a three (3) year term and until their successors are appointed and qualify. A manager or alternate may not be removed from the Board prior to the expiration of the manager's term, except for just cause by the council that made the appointment. The Board of Water and Soil Resources shall be notified of all appointments to the Board and of all vacancies as required by state law. All vacancies shall be filled within ninety (90) days after they occur. The Board shall comply with state laws regarding published notice of vacancies. Subdivision 4. Compensation. Managers shall serve without compensation from the WMO, but this shall not prevent a member from providing compensation to a manager for serving on the Board. Subdivision 5. Organization/Structure. At the Board's first meeting and annually thereafter, the Board shall elect from its managers a Chair, Vice Chair, Secretary, Treasurer, and any other officers it deems necessary to conduct its meetings and affairs. The Chair shall preside at Board meetings, and in the absence of the Chair, the Vice Chair shall perform this duty. In the absence of the Chair or Vice Chair, the Treasurer shall preside. The Chair shall retain all rights 3 1A(O of a manager to speak, make motions, and vote. The Vice Chair shall assume duties when the Chair is absent and shall automatically be promoted to complete the annual term of the Chair if the then current Chair resigns or is removed from the Board. The Secretary shall certify and record the proceedings and official actions of the Board and shall supervise performance of these duties if the Board delegates them to a non - manager. The Treasurer shall oversee the Board's fiscal affairs. Except for the Chair, any manager may be elected to more than one office. At the organizational meeting or as soon thereafter as it may be reasonably done, the Board shall adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board. Meetings must be held at least annually. Unless otherwise provided by public notice, Board meetings shall be held in the council chambers of one of the members. The dates, times, and locations of meetings of the Board and the subject matter of the meetings shall be posted on the bulletin board of each member at least ten (10) days prior to the date of the meeting. Subdivision 6. Voting. Decisions by the Board shall require a majority vote of all managers present at each meeting, each of whom shall be entitled to one vote. Subdivision 7. Quorum. A majority of the entire Board shall constitute a quorum, but less than a quorum may adjourn a scheduled meeting. In the absence of a quorum, a scheduled meeting shall not be started, and the meeting shall be re- scheduled. Subdivision 8. Business Address. The Board shall maintain a business office at 3830 Pilot Knob Road, Eagan, Minnesota 55122. All notices to the Board shall be delivered or served to such office. 7. Powers and Duties of the WMO. 4 �9 Subdivision 1. WMO. Except as otherwise qualified or modified by this Agreement, the WMO, acting by its Board, shall have and may perform all the powers and duties expressly set forth in and reasonably implied from Minn. Stat. §§ 103B.201 to 10313.253, including: (A) Preparing, adopting, and implementing a watershed management plan according to Minn. Stat. § 103B.231. (B) Reviewing and approving member's local water management plans per Minn. Stat. § 10313.235. Subdivision 2. Employees. The WMO may employ such persons as it deems necessary to accomplish its duties and powers. Subdivision 3. Location. The WMO may contract for the necessary space to carry on its activities either with a member or elsewhere. Subdivision 4. Materials. The WMO may acquire necessary personal property, material, and supplies to carry out its activities, powers, and duties. Subdivision 5. Surveys. The WMO may make necessary surveys, or use other reliable surveys and data, and develop projects to accomplish the purposes for which it is organized. The WMO may enter upon lands within or without the watershed to make these surveys and investigations. Subdivision 6. Public /Private Organizations. The WMO may cooperate or contract with the State of Minnesota or any subdivision thereof or federal agency or private or public organization to accomplish the purposes for which it is organized. Subdivision 7. Local Improvements. The WMO may order a member to carry out its local water management plan that has been approved by the Board. 5 `-I U Subdivision 8. Operation /Maintenance. The WMO nnay acquire, operate, construct, and maintain those capital improvements as delineated in the watershed management plan adopted by the Board. Subdivision 9. Insurance. The WMO may contract for or purchase such insurance as the Board deems necessary for the protection of the WMO. Subdivision 10. Testing /Measuring Devices. The WMO may establish and maintain devices for testing, acquiring, and recording hydrological and water quality data within the watershed. Subdivision 11. Technical Assistance /Local Water Management Plans. The WMO may provide any member with technical data or any other information of which the WMO has knowledge that will assist the member in preparing land use classifications or local water management plans within the watershed. Subdivision 12. Technical Assistance /Legal. The WMO may provide legal and technical assistance in connection with litigation or other proceedings between its members and any other political subdivision, commission, board or agency relating to the planning or construction of facilities to drain or pond storm waters or relating to water quality within the watershed. A majority vote of all managers entitled to vote is required before use of WMO funds for litigation. ubdivision 13. Reserve Funds. The WMO may accumulate reserve funds for the purposes herein mentioned and may invest funds of the WMO not currently needed for its operations. Subdivision 14. Revenue. The WMO may collect money, subject to the provisions of this Agreement, from its members, in such amounts approved by the members and 6 401 from any other source approved by a majority of its Board; provided, however, approval of the members is not required with respect to the annual general administrative budget of the WMO pursuant to Section 8; Subdivision 3. Notwithstanding, any tax levy must be approved by each member. Subdivision 15. Contracts. The WMO may make contracts, incur expenses; and make expenditures necessary and incidental to the effectuation of its purposes and powers. Subdivision 16. Information Availability. The WMO's books, reports, and records shall be available for and open to inspection by its members at all reasonable times. Subdivision 17. Amendments. The WMO may recommend changes in this Agreement to its members. Any amendments shall require ratification by both members. Subdivision 18. Additional Powers. The WMO may exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized by Minn. Stat. §§ 103B.211 and 103B.253. Subdivision 19. Supplemental Studies. Each member reserves the right to conduct separate or concurrent studies or tests at its own expense on any matter under study by the WMO. Subdivision 20. Pollution Abatement. The Board may investigate on its own initiation or shall investigate upon petition of any member all complaints relating to pollution within the watershed covered by this Agreement. Upon a finding that the watershed is being polluted, the Board may order the member to abate this nuisance and each member agrees that it will take all reasonable action available to it under the law to alleviate the pollution and to assist in protecting and improving the water quality of surface water in the watershed. 7 150 Subdivision 21. Newsletter. In accordance with Minn. Stat. § 10313.227, the Board shall publish and distribute at Feast one newsletter or other appropriate written communication at least annually to residents. The newsletter or other communication must explain the WMO's water management programs and list the officers and telephone numbers. Subdivision 22. Proposals for Services. In accordance with Minn. Stat. § I03B.227, the Board shall at least every two (2) years solicit interest proposals for legal, professional, or technical consultant services before retaining the services of an attorney or consultant or extending an annual services agreement. Subdivision 23. Planning Activities. The Board shall coordinate its planning activities with contiguous watershed management organizations and counties conducting water planning and implementation under Minn. Stat. Ch. 103B. Subdivision 24. Annual Report. On or before April 1, the Board shall file with the Board of Water and Soil Resources and the clerk of each member a financial activity report, an activity report, and an audit report for the previous fiscal year meeting the requirements of Minn. Stat. § 103B.231 and Minnesota Rule Part 8410.0150. 8. Finances. Subdivision 1. Depositories /Disbursements. WMO funds may be expended by the Board according to this Agreement in a manner determined by the Board. The Board shall designate one or more national or state bank or trust companies authorized to receive deposits of public monies to act as depositories for WMO funds. In no event shall there be a disbursement of WMO funds without the signature of at least two (2) managers, one of whom shall be the Treasurer. 8 5� Subdivision 2. General Administration. Each member agrees to contribute each year to a general fund to be used for general administration purposes including, but not limited to: salaries, rent, supplies, development of an overall plan, insurance, bonds, and to purchase and maintain devices to measure hydrological and water quality data. The annual contribution by each member shall be based fifty percent (50 %) on the assessed valuation of all properties within the watershed and fifty percent (50 %) on its proportional area within the watershed. Subdivision 3. Budget. On or before July I of each year, the Board shall adopt a general administrative budget by a majority of the Board for the ensuing year. The Secretary shall certify the budget on or before July 1 to the clerk of each member, together with a statement of the proportion of the budget to be provided by each member. Each member agrees to provide the funds required by the budget and the determination shall be conclusive. 9. Special Assessments. The WMO shall not have the power to levy special assessments. All such assessments shall be levied by the member(s) wherein the benefited land is located. 10. Duration. Subdivision 1. Agreement Binding. Except as provided below, each member agrees to be bound by the terms of this Agreement. Subdivision 2. Termination. This Agreement may be terminated by either member, upon one year's written notice to the other, or at any time upon the written agreement of both members. Dakota County and the Board of Water and Soil Resources must be given at least ninety (90) days advance written notice of the intent to dissolve the WMO. Subdivision 3. Allocation of Assets Upon Termination/Dissolution. Upon termination of this Agreement or dissolution of the WMO, all property of the WMO shall be sold 9 6a and the proceeds thereof, together with monies on hand, shall be distributed to the members of the WMO. Such distribution of WMO assets shall be made in proportion to the total contribution to the WMO required by the last annual budget. 11. Effective Date. This Agreement shall be in full force and effect when both cities have executed this Agreement. Both members need not sign the same copy. The signed Agreement shall be filed with the clerk of the City of Eagan, who shall notify the clerk of the City of Inver Grove Heights in writing that it has been adopted. Prior to the effective date of this Agreement, either signatory member may rescind its approval. [Remainder of page left intentionally blank] 10 53 IN WITNESS WHEREOF, the undersigned cities, by action of their councils, have caused this Agreement to be executed. Approved by the City Council CITY OF EAGAN 2014. BY: Approved by the City Council - Drec'ry -Nber 9 , 201 Mike Maguire Its Mayor AND Christina M. Scipioni Its City Clerk CITY OF INVER GROVE HEIGHTS 11 b C L IVE P)[C 17 2.013 December 13, 2013 City of Inver Grove Heights wkAnv.e i, diver- grove- heigiits.i- yin.us Mr. Russ Matthys, P.E. Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 -1810 Dear Mr. Matthys: Attached you will find two execution copies of the Joint Powers Agreement establishing a Watershed Management Organization for the Eagan -Inver Grove Heights Watershed. The Inver Grove Heights City Council adopted a resolution approving the agreement at its December 9, 2013 meeting. The documents have been signed by the Mayor and the City Clerk of Inver Grove Heights. Once the Eagan City Council adopts the agreement, please have your Mayor and City Clerk execute both copies and return one to me in the enclosed envelope. Please call me at 651 - 450 -2571 if you have any questions. Sincerely, Scott D. Thureen, P,E. Public Works Director SDT /kf Enclosure 5150 Barbara Ave. - Inver Grove Heights, MN 55077 -3412 Telephone: 651- 450 -2500 n Tax: 651- 450 -2502 557 Agenda Information Memo January 7, 2014, Eagan City Council Meeting R. APPROVE ON -SALE LIQUOR AND SUNDAY LIQUOR LICENSE FOR WEBSTER JACOB, LLC, DBA STONE OAKS, 2864 HIGHWAY 55, SUITE 200 ACTION TO BE CONSIDERED: To approve an On -Sale Liquor and Sunday Liquor License for Webster Jacob, LLC, dba Stone Oaks, located at 2864 Highway 55, Suite 200. FACTS: ➢ Marjorie Jacob, Patrick Trepanier, and Roger Hastenboehler, partners of Webster Jacob, LLC., have applied for an On -Sale Liquor and Sunday Liquor License to operate Stone Oaks, a restaurant located at 2864 Highway 55, Suite 200. ➢ Upon initial review, Webster Jacob, LLC, was ineligible for a liquor license because of an issue with the results of the proposed on -site manager's background. Webster Jacob, LLC, has subsequently appointed a new on -site manager and has amended its application to reflect the change. ➢ The amended license application documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the amended application for an On -Sale Liquor and Sunday Liquor License. ATTACHMENTS (0): (The complete application is available from the Office of the City Clerk.) 130 Agenda Information Memo January 7, 2014, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT – SPECTRUM DEVELOPMENT GROUP ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for Denial) a Conditional Use Permit (CUP) to allow outside storage of up to 620 passenger vehicles at 2905 Lexington Avenue South, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: The applicant is proposing the outdoor storage of 600+ passenger vehicles to be located on the existing paved surface on the west and south sides of the building. ➢ The site is presently occupied by a 49,000 SF principal building and an 18,000 SF accessory storage: building. Off - street customer and employee parking are provided on the east side of the building. The outdoor storage area is located on the west and south sides of the property between the principal building and I -35E. ➢ The subject 9.3 acre site was platted in 1988. A retail sales building and an accessory storage building were constructed in 1988 and occupied by Knox Lumber Company from that time until December Y2K. Gresser Masonry acquired the property in 2001. i Previous CUP's were approved over the years to allow outdoor storage of lumber and building materials (1988), construction equipment (2001) and non- business related personal items and `for rent' storage for items such as recreational vehicles, boats, etc. (2002). ➢ The proposed storage occurs in the rear and side yard and will not be visible from Lexington Avenue or I -35E. No new building construction is associated with this proposal. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: Deadline expires January 19, 2014 ATTACHMENTS: (3) Location map, page 6b Draft December 19, 2013, APC minutes on page E59 Planning report, pages _through (og— Jq Location-Map- V11101 1 0 111HIM /111111511n 11 Project Name: Spectrum Development Group -2013 Request: Conditional Use Permit Case No: 03- CU- 12 -11 -13 City of Eap 6b ireet 0 500 1,000 2,000 Legend O PARCELS 08 -2013 Buildings� Parks ,1M71M 14. City Boundary N Advisory Planning Commission December 19, 2013 Page 2 of 10 IV. PUBLIC HEARINGS A. Spectrum Development Group 2013 Applicant Name: Spectrum Development Group Location: 2905 Lexington Ave S; Lot 1, Block 1, Eagandale Center Industrial Park No 10 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of vehicles. File Number: 03- CU- 12 -11 -13 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated December 5, 2013. He noted the backgr -out�d and histor,. Member Piper moved, Member Vanderpoe Conditional Use Permit to permit outdoor Lexington Avenue South, subject to the foil 1. The Conditional Use PerItFshall be r Council. otion to recommend approval of a ,5 X02,0. passenger vehicles at 2905 n 60 days`'of its approval by the City s shall occur as depicted on the revised extension of the opaque architectural wall Wbe completed by June 1, 2014. a business operation with offices located in 5. 133etal sales of vehiclesshall be prohibited. 6. ` L'dck boxes meeting Eagan Fire'Rpartment specifications shall be installed at all fence gatelocations. 7. Builcing address numbers shall be displayed in accordance with the provisions in Chapter 2, Sect' 2.78 of the City Code. 8. Recording of this Conditional Use Permit shall simultaneously terminate previously issued Conditional Use Perrn�ts7for Lot 1, Block 1, Eagandale Center Industrial Park # 10. All voted in favor. Mob "carried 6 -0. Member Dugan was absent for the vote. REPORT CITY OF EAGAN REPORT DATE: December 5, 2013 APPLICANT: Spectrum Development, LLC PROPERTY OWNER: Lex Properties, LLC REQUEST: Conditional Use Permit LOCATION: 2905 Lexington Avenue South CASE: 03-CU-12-11-13 HEARING DATE: December 19, 2013 APPLICATION DATE: Nov 20, 2013 PREPARED BY: Michael J. Ridley, AICP COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to permit outdoor storage of passenger vehicles at 2905 Lexington Avenue South, legally described as Lot 1, Block 1, Eagandale Center Industrial Park No. 10, located north of Lone Oak Road and east of 1-3 5E in the SE I/4 of Section 3. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. (Q 0 Planning Report — Spectrum Development Group December 19, 2013 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fitmes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in comlection therewith are being and will be complied with. BACKGROUND/HISTORY The subject 9.3 acre site was platted in 1988. A retail sales building and an accessory storage building were constructed in 1988 and occupied by Knox Lumber Company from that time until December Y2K. At the time of original development consideration, a Conditional Use Permit was issued to allow outside storage for lumber and related building materials and a pylon sign. In 2001, Gresser Concrete and Masonry acquired the property and received approval for a Conditional Use Permit to allow outside storage of construction equipment including scaffolding, forms, trucks and trailers associated with the concrete business. A portion of the principal building was converted from warehouse to office space and the accessory building remained in use as a cold storage warehouse. Portions of the office, warehouse and rear yard space have been leased to other tenants over the years. In 2002, another CUP was approved that allowed for the outdoor storage to include non - business related personal items and `for rent' storage for items such as recreational vehicles, boats, etc. To accommodate the outside storage of passenger vehicles, the processing of a new conditional use permit is necessary. LQ ` Planning Report — Spectrum Development Group December 19, 2013 Page 3 The applicant, Spectrum Development Group, LLC, states that they developed the Spectrum Commerce Center and the Enterprise Office Building on Highway 55, approximately one half mile from the subject site, and that both are 100% leased and house almost 2,000 employees. Further, Enterprise recently committed to extend its lease of the office at 2775 Blue Water Road for an additional 10 years. EXISTING CONDITIONS The site is presently occupied by a 49,000 SF principal building and an 18,000 SF accessory storage building. Off - street customer and employee parking are provided on the east side of the building. The outdoor storage area is located on the west and south sides of the property between the principal building and I -35E. The site is accessed from the east via a single curb cut on Lexington Avenue that is shared with Acorn Mini Storage to the south. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The proposed outdoor storage is for several hundred passenger vehicles to be located on the existing paved surface on the west and south sides of the building. The applicant is proposing to lease the outside storage lot to Enterprise Leasing Company of Minnesota, LLC (Enterprise). Enterprise will wholesale automobiles that have been taken out of car rental service to customers that buy these vehicles in bulk. There will be no retail sales of vehicles to the public at this site. Several Enterprise employees will also office within the principal building. C J, Existing Use Zoning Land Use Desi nation North Single- family home BP, Business Park BP, Business Park East Single- family home R -1, Residential single LD, Low Density (0 -4 units /acre) South Mini- storage warehouse 1- 1, Limited Industrial IND, Limited Industrial West Interstate 35E Right-of-way Right -of -way EVALUATION OF REQUEST Description of Proposal — The proposed outdoor storage is for several hundred passenger vehicles to be located on the existing paved surface on the west and south sides of the building. The applicant is proposing to lease the outside storage lot to Enterprise Leasing Company of Minnesota, LLC (Enterprise). Enterprise will wholesale automobiles that have been taken out of car rental service to customers that buy these vehicles in bulk. There will be no retail sales of vehicles to the public at this site. Several Enterprise employees will also office within the principal building. C J, Planning Report — Spectrum Development Group December 19, 2013 Page 4 According to the applicant, "Enterprise is one of the nation's largest private corporations and it employs more than 200,000 people worldwide. Eagan is a good location for Enterprise since it is the largest rental car company doing business at MSP." Proposed improvements to the property include: ■ Securing the storage area by extending an opaque architectural wall with gates at the entry to the storage yard. ■ The 18,000 SF cold storage building will be removed. Compatibility with Surrounding Area — Because outdoor storage of various materials and equipment has occurred for the past 25 years, it appears storing passenger vehicles will be compatible with the area. With the extension of the wall at the yard entrance the storage will not be visible from any public right -of -way. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The proposed Land Use designation associated with this request is Limited Industrial. The subject site is located within the one -mile buffer of Noise Policy Zone 4. The adopted zoning standards consider industrial uses as Compatible within Noise Policy Zone 4 and no further noise mitigation is required. Site Plan — The Site Plan shows outdoor storage for approximately 620 vehicles on the south and west side of the building. That total includes removal of some of the racking structures that exist today and assumes the removal of the cold storage building. The existing parking area east of the building will remain unchanged. Stormwater Management/ Water QualitX — The applicant does not propose an increase to the amount of existing imperious surface; therefore, City Code §4.33 Post - Construction Requirements do not apply. Utilities — The principal building on the site is connected to the City sanitary sewer and water main systems. No additional connections or modifications to utilities are proposed with this application. Streets /Access /Circulation — Public street access will remain unchanged at the existing location onto Lexington Avenue (CSAH 43). As depicted on the revised Site Plan received on December 3, 2013, drive lanes within the storage area provide adequate access for public safety. Fire /Emergency Access — Lock boxes meeting Fire Department specifications should be installed at all fence gate locations. C0 3 Planning Report — Spectrum Development Group December 19, 2013 Page 5 Grading /Storm Drainage /Utilities - The existing parking lot and storm drainage system were constructed with previous development of the building on the site. The principal building is connected to City sewer and water services. Wetlands /Water Quality — There are no wetlands on the property. Financial Obligation — At this time, there are no pending assessments on the parcel. Outdoor Storage — In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I - -1) and general industrial (I - -2) zoning districts, the enclosure may be detached from the principal building. The storage is enclosed. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage area is in the side and rear yard. c. The outdoor storage area shall be screened from view fi°om the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The storage area is screened from public right -of -way and properties designated as residential. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage plan maintains the driving and maneuvering areas within the site. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area does not occupy required parking or landscaping areas. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The entire storage area is paved with bituminous asphalt. Building Address Numbers — Building address numbers should be displayed in accordance with the provisions in Section 2.78 of the City Code. Uy Planning Report — Spectrum Development Group December 19, 2013 Page 6 SUMMARY /CONCLUSION The applicant is requesting approval a Conditional Use Permit to allow outdoor storage of over 600 passenger vehicles. The proposed storage occurs in the rear and side yard and will not be visible from Lexington Avenue. No new building construction is associated with this proposal. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to permit outdoor storage of up to 620 passenger vehicles at 2905 Lexington Avenue South. If approved, the following conditions should apply: The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council, 2. Outside storage and minimum drive aisle widths shall occur as depicted on the revised Site Plan received on December 3, 2013, 3. All vehicle storage stalls shall be striped and extension of the opaque architectural wall with gates at the entry to the storage yard shall be completed by June 1, 2014. 4. Vehicles stored outside shall relate directly to a business operation with offices located in the principal building. 5. Retail sales of vehicles shall be prohibited. 6. Lock boxes meeting Eagan Fire Department specifications shall be installed at all fence gate locations. 7. Building address numbers shall be displayed in accordance with the provisions in Chapter 2, Section 2.78 of the City Code. 8. Recording of this Conditional Use Permit shall simultaneously terminate previously issued Conditional Use Permits for Lot 1, Block 1, Eagandale Center Industrial Park 4 10. M Location Map Project Name: Spectrum Development Group -2013 Request: Conditional Use Permit Case No: 03- CU- 12 -11 -13 City of Eagan l.tv (/) L I I Feet 500 1,000 2,000 Legend PARCELS 08 -2013 ., 'Buildings /� Parks ! / /�\ JW»® 16ili c y Boundary N l ne Oak d . aee� Vankol JRd MTI 751t"end•. ••'' Project Name: Spectrum Development Group -2013 Request: Conditional Use Permit Case No: 03- CU- 12 -11 -13 City of Eagan l.tv (/) L I I Feet 500 1,000 2,000 Legend PARCELS 08 -2013 ., 'Buildings /� Parks ! / /�\ JW»® 16ili c y Boundary N Current Zoning and Land Use Map City of Ego Current spectrum Development Group -2013 Type: Conditional Use Permit Case No.: 03- CU- 12 -11 -13 f, -1 Limited Industrial Land Use Plan IND Limited Industrial N 0 300 600 1,200 Feet �9'17 p Nil� �m 0 n fn 0'a <D O. ,nom, CO C/) < CD 2. .� O <D 'a CD rt r.p, N C) O W � m o s s �• CT N• N CD �• =r N N O (D O N N In vii cn o -o c N N (D O > a(D m y c CD o m C o CL m C Q m CL Z 0 0 Cil 0 0 -n CD CD r,• CUP Narrative for Outside Storage at 2905 Lexington Ave. So. LEX PROPERTIES, LLC - OWNER SPECTRUM DEVELOPMENT GROUP, LLC- APPLICANT Spectrum Development Group, LLC is respectfully applying for an Amended Conditional Use Permit for the property owned by Lex Properties, LLC. The applicant is proposing to lease the existing outside storage lot to Enterprise Leasing Company of Minnesota, LLC for its use as an automobile remarketing storage lot. The tenant will wholesale automobiles that have been taken out of rental car service to customers that buy large numbers of automobiles. There will be no retail sales to the general public at this site. The use is similar to the use already granted by the City of Eagan to Enterprise Leasing Company of Minnesota, LLC at the Spectrum Commerce Center only .5 miles from this site. The site is currently zoned 1 -1 and outside storage is used for Gresser Concrete construction equipment including scaffolding, forms, trucks, equipment and other items used for large construction projects. The main building is office /warehouse with a significant portion of the building occupied by Gresser Concrete. The remainder of the building is leased as warehouse. The site is bordered on the south by Acorn Mini Storage; on the west by 1 -35E; on the north by Northern Products office /warehouse and on the east by Lexington Ave South and a warehouse building across the street. The 2030 Comprehensive Guide Plan envisions the site as an Employment Center with a continuation of its use as currently zoned. The proposed tenant for the outside storage will occupy offices in the main building for its business purposes. There will be several employees moved to these offices from its location in the City of St Paul in addition to the Enterprise employees at its regional corporate offices located at 2775 Blue Water Road. Enterprise recently committed to extend its lease of those offices for an additional 10 years and has been a good corporate citizen in Eagan since 2007. Enterprise is one of the nation's largest private corporations and employees more than 200,000 people worldwide. Eagan is a good location for Enterprise since it is the largest rental car company doing business at Minneapolis -St Paul International Airport. Spectrum Development Group, LLC, the applicant, developed the Spectrum Commerce Center and the Enterprise Office Building on Hwy 55 approximately one -half mile from this site. The Spectrum Commerce Center and Enterprise Buildings are 100% leased and house almost 2,000 employees /jobs in the City of Eagan. The proposed conditional use by Enterprise Leasing Company of Minnesota on this site is an upgrade to its current use as a storage site for a concrete subcontractor. Enterprise likes the site because it cannot be seen by the general public from any direction, and it will be made secure with an extension of the architectural block wall at the storage yard entrance with gates that are opaque (not chain - link). Enterprise desires no identifying signage that is visible from public roads or the adjacent properties. Please accept this application and grant the conditional use for outside storage of automobiles in the back storage yard at the Gresser Concrete facility. As soon as the conditional use is granted, it is the intention of Enterprise to occupy the storage yard and move employees into the offices as soon as possible in 2014. —Dn.iY V Cl Agenda Information Memo January 7, 2014, Eagan City Council Meeting B. INTERIM USE PERMIT — FAIRVIEW HEALTH SERVICES ACTION TO BE CONSIDERED: To approve (or direct preparation of Findings of Fact for Denial) an Interim Use Permit to allow a temporary modular building upon property located at 1440 Duckwood Drive, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ Fairview Health Services is proposing a 12' x 56' temporary building upon the SW corner of the property located at 1440 Duckwood Drive. ➢ The temporary building is proposed to house administrative and office functions of the clinic, allowing existing offices within the principal building to be used for expanded mental health services. ➢ A 2 -year term (through Dec. 31, 2015) is proposed for this interim use, while Fairview explores more permanent expansion possibilities. ➢ The proposal results in a net deficit of 9 -10 parking stalls during the term of the IUP. ➢ Per City Code, trash containers stored outside shall be relocated within building or within an enclosure constructed to City Code standards. ➢ The Advisory Planning Commission held a public hearing on the proposal at the December 19, 2013, meeting, and did recommend approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: January 26, 2014 ATTACHMENTS: (3) Location Map, page q Draft December 19, 2013, APC Meeting Minutes on page Planning Report, pages T13 through ■LI Location Mai to ` r'- I lone Oak ankee 0oodle R I 1 01Me Rd I GURU I I �.....Wa -0 -A Project Name: Fairview Health Services /1440 Duckwood Dr. Request: Interim Use Permit Case No: 16- IN- 03 -11 -13 City of Eap 1 ' ' 1 Feet 500 1,000 2,000 Legend PARCELS 08 -2013 —'' Buildings Parks ra1I,e 161,j City Boundary N Advisory Planning Commission December 19, 2013 Page 5 of 10 C. Fairview Health Services Applicant Name: Fairview Health Services Location: 1440 Duckwood Drive; Lot 1, Block 1, Pondview Application: Interim Use Permit An Interim Use Permit to allow a temporary modular building for office space. File Number: 16- IN- 03 -11 -13 Planner Dudziak introduced this item and highlighted the information report dated December 12, 2013. She noted the background and his Member Piper stated a professional relationship between theapplic exists but that his employer is not affiliated with the subjectrsite�and from voting on the item. AV Member Piper also asked why this request would nott' handled Amendment. City Planner Ridley stated staff, in consultation with the City Use Permit was the preferred process to handle a temporary Chair Heaney opened the public hearing. sented in the City Staff d Piper's employer ore he will not abstain pment determined an Interim in use on the site. 1. The permit shall terminate upon t4'?,earlier of Fairview Health Services vacating the property, or December 31, 2Q_15, whicheve "r -comes first. 2 A B_uifa'ing Permit is required prior to installation of the modular building. 3 All trash and recycling container shall be stored inside the building, or within an enclosure cP sistent with the provisions in the City Code, by June 1, 2014. 4 Thee Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be toR±Oetermine that the conditions of the permit are within compliance The Interir# Use Permit may be revoked for failure to comply with any condition of the permi" Mowing notice of the noncompliance and a hearing by the City Council withal �ntere ed parties being given an opportunity to be heard, All voted in favor. Motion carried 7 -0. sm PLANNING REPORT CITY OF EAGAN REPORT DATE: December 12, 2013 APPLICANT: Fairview Health Services PROPERTY OWNER: IRET Properties REQUEST: Interim Use Permit LOCATION: 1440 Duckwood Drive CASE: 16- IN- 03 -11 -13 HEARING DATE: Dec. 19, 2013 APPLICATION DATE: Nov. 27, 2013 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: SA /RC, Special Area /Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of an Interim Use Permit to allow a temporary modular building for office space upon property located at 1440 Duckwood Drive, legally described as Lot 1, Block 1, Pondview. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and perfonnance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. 1 Planning Report — Fairview Clinic December 19, 2013 Page 2 6. The city determines that the property is in compliance with City Code. City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. 11� Planning Report — Fairview Clinic December 19, 2013 Page 3 BACKGROUND /HISTORY Pond View was platted in 1988. The Fairview Clinic was initially constructed in 1988, with an expansion added in 1998. EXISTING CONDITIONS The site is developed with a 18,107 s.f. medical office facility. Surface parking is located north and south of the building, access to the site is provided via Crestridge Drive to the east and Duckwood Drive to the north. Duckwood Drive was extended westward over 1-3 5E in 2011 and is now a though street. Existing parking is 119 stalls, which meets the City Code requirement of one stall per 150 gross sq. ft. A pylon sign is located at the SW corner of the property adjacent to 1-3 5E, and a monument sign is located east of the Duckwood Drive driveway. A review of the site in relation to this request found trash dumpsters located outside on the south side of the building, which is in conflict with City Code requirements. Trash storage should be within the building, or within an enclosure located and constructed to meet City Code standards. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — Fairview Clinics is proposing to locate a temporary building on the southwest corner of the site. The building is 12' x 56' and will be placed at the west end of the southerly parking lot, 10' from the building. The modular building is intended to temporarily provide additional space for administrative and office functions of the clinic, "allowing current offices to be used for mental health providers." q5 Existing Use Zoning Land Use Designation North Discount Tire PD, Planned Development SA /RC — Special Area /Retail Commercial East Holiday PD, Planned Development SA /RC — Special Area /Retail Commercial South Hotel PD, Planned Development SA /RC — Special Area /Retail Commercial West I -35E Right -of -Way Right -of -Way EVALUATION OF REQUEST Proposal — Fairview Clinics is proposing to locate a temporary building on the southwest corner of the site. The building is 12' x 56' and will be placed at the west end of the southerly parking lot, 10' from the building. The modular building is intended to temporarily provide additional space for administrative and office functions of the clinic, "allowing current offices to be used for mental health providers." q5 Planning Report — Fairview Clinic December 19, 2013 Page 4 The interim use is requested for approximately a two year period, through the end of 2015. The applicant indicates that Fairview Clinic is evaluating expansion opportunities to accommodate growth in sei vices to meet the medical needs of the community, and anticipates "that expansion will be funded and implemented in 2015." Compatibility with Surrounding Area — The proposed office use is consistent with the existing medical facility use, as well as the PD zoning and Retail Commercial land use designations. The proposed location has little visibility from public streets, but is visible from the adjacent hotel to the south. Site Plan —The Site Plan shows the modular building placed at the west end of the southerly parking lot. The modular building increases the building area by 672 sq. ft. No additional parking is proposed. The southerly parking is a "dead end" and does not provide for vehicle access from the west or around the building. Several of the westerly parking stalls will be inaccessible while the modular building is present, reducing the available parking on site by 5 -6 stalls. The existing parking count is 119 stalls, two short of the required 121 stalls for the existing facility, an approved deviation per the PD zoning. The addition of 672 sq. ft. of building space increases required parking by 4 stalls, while at the same time limiting access to 5 -6 existing stalls. This results in a net deficit of 9 -10 stalls during the period of the interim use. Trash Storage — Trash storage was not specifically addressed in the proposal; however, a site visit found trash containers located on the south side of the parking lot adjacent to the building. Per City Code requirements, all trash and recycling containers shall be stored inside the building, or within an enclosure consistent with the provisions in the City Code. Landscaping — The site is landscaped, and no new landscaping is proposed. Grading/Storin Drainage — No grading is proposed or required. Wetlands /Water Quality — No additional impervious coverage is proposed. Access /Street Design — No changes to existing streets or driveway accesses are proposed. TV Planning Report — Fairview Clinic December 19, 2013 Page 5 Parks and Recreation — Park dedication was fulfilled at the time of initial site development in 1988. Trail dedication was adopted in 1990, subsequent to this development and is not applicable at this time. SUMMARY /CONCLUSION In suminary, Fairview Clinic is proposing a temporary building for a period of two years while they evaluate opportunities for a more permanent expansion. The proposed temporary building will be used for administrative office functions, and existing offices within the building will be used for expanded mental health services at this facility. A Building Permit is required prior to installation of the modular building. Placement of the temporary building at the west end of the southerly parking lot will result in a reduction in available parking. All trash and recycling containers should be stored inside the building, or within an enclosure consistent with the provisions in the City Code. ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow a temporary modular building for office space upon property located at 1440 Duckwood Drive, subject to the conditions listed below. 1. The pen-nit shall terminate upon the earlier of Fairview Health Sei vices vacating the property or December 31, 2015, whichever comes first. 2. A Building Permit is required prior to installation of the modular building. 3. All trash and recycling containers shall be stored inside the building, or within an enclosure consistent with the provisions in the City Code, by June 1, 2014. 4. The Interim Use Permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 9 I Location Map [ p° 1 Lon ak.R,�e't Yankee COndle R • 1 1 D11M., Rd 1 AIIHRd 1 1 1 �.....NW'A e°a'- 'xTenM.. ...: Project Name: Fairview Health Services /1440 Duckwood Dr. Request: Interim Use Permit Case No: 16- IN- 03 -11 -13 City olBap Feet 0 500 1,000 2,000 Legend PARCELS 08 -2013 Buildings Parks Julia 16i®1c City Boundary N City of Eap Current Zoning and Land Use M Application: Fairview Clinics Type: Interim Use Permit Case No.: 16-IU-03-11-13 Zoning PD Planned Development Land Use Plan RC Retail Commercial N 0 300 600 1,200 mmmm=�� Feet 'IF F F F F JAW" ff.. EP] L—O/S— RC W 0 > Hill W, H, W Subject Site I 1;L RC -__ RC C ols O/S MD L. A� T URE6 I RIDGE LAI, LD E3 51 ITO P co 0 T a ��'r Y Y LD V-J,J f y� >. f N s ;s F �s I a %/ Nal1?3.f d0 41, 3N 311.1 -Al V1715y9- 11, 'ON 'tj'V'S'J (a eo v 9olWf 10 7 J,1 ) i (: Nol1d�JXa';' gut,- i' ✓_cb:lrr,tiL;t4..iri._'.,h'. ^;:r m 3AIHO 3901813380 = ti?06Z 6L M „62, a(SN / X �,r LZ'06Z i!gl N i1 co it O oc- 01 (GVO8 90Nt1 -LO 7J1', "I h N oy N /� 'ON //'D' 15 I XT 0 O � I o 0 i w i u S R 0 4 ° O m yti y y � a O w I w O c � ac roT z y � 3AIHO 3901813380 = ti?06Z 6L M „62, a(SN / X �,r LZ'06Z i!gl N i1 co 1 � 1 � 13 oc- 01 (GVO8 90Nt1 -LO 7J1', "I 1 I O/✓y� /� 'ON //'D' 15 I XT O � '1 i I i u S R g ° c yti y 0 I� � z y � OR b c .= i o V \ N I olL t 011 � II o I N --- yGZ'06Z o f 3AIHO 3901813380 = ti?06Z 6L M „62, a(SN / X �,r ;'Sfi35;. "f•Iv' 3`dlti 666611I' dx °LL x'Oa I N i1 co 1 � 1 � 13 w I .lh1.9V %lalid3rr V.Oi:7f1i {f V4' � O, O/✓y� m I �^• I..1.1 ;'Sfi35;. "f•Iv' 3`dlti 666611I' dx °LL x'Oa j3 v N i1 co 1 � �� I .lh1.9V %lalid3rr V.Oi:7f1i {f V4' � a O/✓y� m XT O n '1 i i u S R g ° c yti y 0 I� � z b c V \ N t 011 � L.O N O � N '"I Y i / ' d• I �^• I..1.1 J"i j3 v J U co 1 � g� v) O/✓y� m . j 1 � O/✓y� I ` XT O I'o N 4 he 3 . j ' jl •; /rN1 "J / 25-61 'o 1V'Id M/8--- 'J '0 '0 'NW '29 130NVd N vi 19341 No�1 d� 91039 90 PA 3N 3H1 10 6A JS 3141 30 31,1I7 19341-'' I` t N OIN o � c h n 8 •B �5n uz � F � mow° 2 u Nv o 1�t.I F"p tJ �T F 9 t: �v pCe��I� WO y ,rp P U V) F y o ° ww� asila YwV:m $88@ N u o U U vD�WW � N 2 N 5'e g fWj ay �uw&5 F °�O u °mi 019 �o7"iS 8 g�5b M 4 11 w0 N SITE SURVEY P'll fF 9 u0 0 y4'ly orn `��IN FwON? p, Eq�a•�'E81 "� y Am o+v+o'�1Q CL9 r N N W J H N v1 Fwy.. �'•h. 9.wc�y'0 bp� H� m'�jj1ry�ry5 C "mC'�' y�y�� w N q •-. t� N N n V "r��Z opEpvo�yy N Y u wooa,o iPo -2q R �r��r•r� � ro il sm O° Nro�o U�G maF1 o G L2u V.i •.I �mNw� aBo NR3° �o�oHN'` �Yy 'Oa q 3a �� THI P'S`T I.M bx 6 •5 :mo g8 d k i7° c N w PU� �8g 9 i i $ado 0 as "g G l N (fin 0 g •� n N N '�NnF .Ni i5 s a o� F 9.j 8,uI XT I'o N 4 he 3 R ° c 0 I� � ' jl •; /rN1 "J / 25-61 'o 1V'Id M/8--- 'J '0 '0 'NW '29 130NVd N vi 19341 No�1 d� 91039 90 PA 3N 3H1 10 6A JS 3141 30 31,1I7 19341-'' I` t N OIN o � c h n 8 •B �5n uz � F � mow° 2 u Nv o 1�t.I F"p tJ �T F 9 t: �v pCe��I� WO y ,rp P U V) F y o ° ww� asila YwV:m $88@ N u o U U vD�WW � N 2 N 5'e g fWj ay �uw&5 F °�O u °mi 019 �o7"iS 8 g�5b M 4 11 w0 N SITE SURVEY P'll fF 9 u0 0 y4'ly orn `��IN FwON? p, Eq�a•�'E81 "� y Am o+v+o'�1Q CL9 r N N W J H N v1 Fwy.. �'•h. 9.wc�y'0 bp� H� m'�jj1ry�ry5 C "mC'�' y�y�� w N q •-. t� N N n V "r��Z opEpvo�yy N Y u wooa,o iPo -2q R �r��r•r� � ro il sm O° Nro�o U�G maF1 o G L2u V.i •.I �mNw� aBo NR3° �o�oHN'` �Yy 'Oa q 3a �� THI P'S`T I.M bx 6 •5 :mo g8 d k i7° c N w PU� �8g 9 i i $ado 0 as "g G l N (fin 0 g •� n N N '�NnF .Ni i5 s a o� F 9.j 8,uI LYO mg ..... 111HOUV UVN839 9� 9 3 b. w SITE PLAN N (ju LU C..) luu or lal w SITE PLAN N (ju LU C..) luu or R3 ELEVATIONS L ® \ � § }�k� ak /k § k \ a � 4� \� 2�� §§( Z:-� * k .� . � . E z 0 �/ u z 0 \ u 0 E % . \ g 0 « �\ 'e 7 " z �/ / d \ \ Hi / u 2 / \ z E ~ E \ a � < � R3 ELEVATIONS L ® \ � § }�k� ak /k § k \ a � 4� \� 2�� §§( Z:-� N W O � N o N � (O jn p N 0 W Flow U a �O 4 h y xj� �Ny ;xj �c+o m h N�N. W 4 x a x � Q 4i A A < W 6 Z 3 ION V HCAI LD U u ~ 9 < a j u a � � a � y� N a IL z F N d � r � rr O h N �(�omm��g N to W mraeo Y r i � r • . I......I ...............: 1 � ti} �N �L N ® N y N a W a } o C3 w w �` Q O 4' z ro N M N Jfl[1S'.ixuyM t3SG1'S ,N � � x m`� M F • N .Z 1 � • J N .E ' � nt �i. • ® to r2 /f (• O > Y • Y JJ P LL .. O N 2 6 H •+I; z O Z d •° b u p JL,p pt H arSa wy 3 rc d r7 M ri /i 9 -.4 ,MIT t�J a W Q H U� x. J w r6 /E E .Z /1 I -Ill U J q to N H ta' wz s w CL CL a J }�W 1 w .ii C O O O .% Rl rl v r0 N W O � N o N � (O jn p N 0 W Flow U a �O 4 h y xj� �Ny ;xj �c+o m h N�N. a j rr O h N �(�omm��g N mraeo N W O � N o N � (O jn p N 0 W Flow U a �O 4 h y xj� �Ny ;xj �c+o m h N�N. Interim Use Permit submittal Fairview Clinics — Eagan 1440 Duckwood Dr., Eagan Minnesota (Survey and legal description attached). PID# 10- 58350 -01 -010 Narrative: This site is designated Retail Commercial in the Comprehensive Plan and is surrounded by similarly designated property. Existing Zoning will not be affected by this interim use. Fairview Eagan Clinic a multispecialty family practice clinic and urgent care center is adding medical providers including mental health specialists. In order to accommodate this growth and the medical needs of the community, the clinic is in the process of determining expansion opportunities in the Eagan community. It is currently anticipated that expansion will be funded and implemented in 2015. In the interim, the clinic seeks to expand medical capacity by installing a temporary modular office structure on site to accommodate office functions and allowing current offices to be used for mental health providers. This temporary structure is expected to be needed through the end of 2015. Attachments: Survey Site diagrams 4 large, 2 letter size Specifications and installation guide for modular structure RECEIVED NDY 2 0 0121 NARRATIVE �J Agenda Information Memo January 7, 2014, Eagan City Council Meeting C. CONDITIONAL USE PERMIT — NORTHFIELD LINES ACTION TO BE CONSIDERED: To approve (OR direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow outside storage of 31 buses for property at 1034 Gemini Road, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers Present FACTS: ➢ The subject property is zoned I -1 (Limited Industrial) which allows outdoor storage via a CUP (Conditional Use Permit). ➢ The subject site was built in 1969 and consists of a 28,350 sq. ft. office warehouse building. ➢ A variance to allow 38% building coverage (max. 35 %) was approved in 1981 to allow a warehouse expansion. ➢ A CUP for outdoor storage of bulk fuel tanks was approved in 1999. The CUP was not utilized. ➢ The property shares a joint access with the adjacent property to the west. ➢ The applicant proposed outdoor storage of 31 buses in the rear yard. ➢ The proposed storage satisfies the outdoor storage requirements. ➢ The Advisory Planning Commission held a Public Hearing on December 19, 2013 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: January 23, 2014 ISSUES: None ATTACHMENTS: (3) Location map on page 99 Draft December 19, 2013 APC minutes on pages U5 through Staff report on pages through 10 Location Map - VIE= b G:S -A+M N& --ONE-OAK- RDe) --® 2� CLUBVIEWDa h� i � Af1 D I Project Name: Northfield Lines /1034 Gemini Road Request: Conditional Use Permit Case No: 11- CU- 10 -11 -13 City of Eap 0 r7 i Feet 0 500 1,000 2,000 Legend PARCELS 08 -2013 Buildings Parks g�1t9 City Boundary N Advisory Planning Commission December 19, 2013 Page 3 of 10 B. Northfield Lines Applicant Name: Northfield lines Inc Location: 1034 Gemini Road; Lot 10, Block 6, Eagandale Center Industrial Park No 3 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of up to 31 buses. File Number: 11- CU- 10 -11 -13 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated December 12, 2013. She noted the background and history. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the public hearing a d turned the discussion back to the Commission. 1. The Conditional Use Permit shall be recorded _with Dakota kCzunty within 60 days of the date of approval and proof off its recordingb`erovided to the City. 2. This Conditional Use Permit shall replace apy and all former Conditional Use Permits for the property. 4 3. The outdoor storage is limited�o 31 buses Iodated in the parking lot on the western and southeastern portionso�f theme operty 4. The chain,, Ijk fence lo'eateO� eh td the building shall be removed or properly maintained prior to Iyv�tff2014 5 Long,"' ong grass and'-'; eeds on prop�;erty and volunteer (scrub) trees throughout fence line shall fbe cut and removed from the siteby May 15, 2014. 6 Trash receptacles /dum'psters shalle kept either inside the building or within an enclosure coHnstructed according t i -i'Oty Code standards. A revised Site Plan shall show the trash enclosure if one is to be constructed. 7. The ti6 kpallets and 5 gajlon buckets shall be removed from the site immediately. 8. The woodfence shall be�kept in good condition. 9. The bus st6ft1shall,0e%triped and the parking area shall be designed to city specifications for curb and gutter 10. If the city deters es that the site is deficient in parking, the applicant's outside storage area shall be restriped to accommodate the additional stalls. The applicant shall submit an application to amend the CUP to adjust the number of buses that can be stored as a result of the conversion of the area to parking. 11. The applicant shall obtain a grading permit from the City prior to the construction of the proposed parking lot expansion /outdoor storage area. Detailed plans for this grading work must be prepared and signed by a registered professional engineer and shall be in a form acceptable to the City Engineer. Advisory Planning Commission December 19, 2013 Page 4 of 10 12. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) on -site for stormwater management (i.e. volume control, pollutant removal, and runoff rate control). 13. Prior to receiving a grading permit, the applicant shall provide construction details of the proposed infiltration basin for City review (delineation of contributing impervious area, plan view, cross- section, construction /protection, sizing /volume tables, inlet details, outlet /under -drain details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during /after construction, to function as intended. These details should be included in applicable plan sheet(s). 14. The applicant shall provide adequately sized pre- treatment (egg, sediment filter- boxes) at the infiltration basin inlet to provide for effective capture and_easly- accessible cleanout of sediments that could plug the infiltration basin. Pre - treatment details shall be included in applicable plan sheet(s). #, 15. Prior to receiving a grading permit, if stormwater mangement paCt�ces are proposed that will utilize filtration or infiltration, the applicant shalW6vide the City with soil- boring log(s) (extending 15' min. below bottom of excavation) within the location <<of any proposed stormwater management feature(s), to evaluate suitability for infiltration Fl.:.the soil- boring log(s) indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or=construotion plans, and provide to the City Engineer for review /comment/revision, to ensure 433. requirements are met. 16. Prior to receiving a grading permit, the applicant shall provide the City Engineer with volume control calculations to demonstrate 1/z" retention, and water - quality modeling (comparison summary & inputs) to demonstrate no- net - increase of annual TP & TSS loading over existing conditions. KS, IP Yr 17. Prior to receiving a grading permit, theca P plica shall o ter Into a long -term stormwater facility inspection and maintenance agree`fnent„ in a form acceptable to the City Attorney. 18. Within 30 -days of com'pletiora of final grading;'the applicant shall provide the City as -built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, ,as approved by the City, As -built volumes of retention shall be provided for all storrliwater faoi�'ities. All � g• PLANNING REPORT' CITY OF EAGAN REPORT DATE: December 12, 2013 APPLICANT: Northfield Lines, Inc PROPERTY OWNER: Vermillion State Bank REQUEST: Conditional Use Permit LOCATION: 1034 Gemini Road COMPREHENSIVE PLAN: IND, Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST CASE: l l- CU- 10 -11 -13 HEARING DATE: December 19, 2013 APPLICATION DATE: Nov. 18, 2013 PREPARED BY: Sarah Thomas The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of 31 buses for property located at 1034 Gemini Road, legally described as Lot 10, Block 6, Eagandale Center Industrial Park No. 3. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. CA 0 Planning Report — Northfield Lines CUP December 19, 2013 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code, Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND /HISTORY The subject site was platted in 1969. A variance from the maximum 35% building lot coverage requirement was approved in 1981 to allow a warehouse expansion resulting in a building coverage of 38 %. A joint easement with the adjacent property owner to the west was a condition of approval to allow both businesses to share the westerly access. A Conditional Use Permit (CUP) to allow the outdoor storage of bulk fuel tanks was approved in 1999. The CUP is not being utilized and approval of the proposed CUP would replace any existing and prior CUP approvals for the property. According to the applicant's narrative, "Northfield Lines, Inc. is a multi- faceted transportation company... purchased in 1989 with six motor coaches. Today, we own 44 vehicles ranging in size from 7 passengers to 77 passengers." They are hoping to expand to Eagan as their most frequent stop is the Minneapolis St Paul airport. q� Planning Report — Northfield Lines CUP December 19, 2013 Pafze 3 EXISTING CONDITIONS The property is developed with a 28,350 sq. ft. one -story office /warehouse building initially constructed in 1969 with the office located on the north end. The building is connected to City sewer and water services. Standard drainage and utility easements are located around the north and east sides of the property. Parking is located on the east side of the building adjacent to Neil Armstrong Boulevard. The driveway access to the rear of the building is shared with the adjacent building (Lessors, Inc.). A chain link fence enclosure is located behind the building. The fence should be removed if not needed by the applicant or maintained as it is falling into disrepair. A review of the site revealed that the property does not meet some of the City's current development standards. The existing parking lot does not satisfy the required 20 -foot setback from the public right of way. The parking and driveway areas are paved, but the rear portion of the property does not have curb and gutter. The area behind the building that is not paved and is surfaced with gravel comiecting the rear yard to the front yard will be paved as part of the proposed project. Based on Office and Warehouse use the site does not meet parking requirements; however, staff is not aware of any parking issues with this site. Fifty four parking stalls are required; there are currently 23 parking stalls onsite. If the city determines that the site is deficient in parking, the applicant's outside storage area should be restriped to accommodate the additional stalls. The applicant should submit an application to amend the CUP to adjust the number of buses that can be stored as a result of the conversion of the area to parking. SURROUNDING USES The site is surrounded by properties zoned and guided for industrial uses. EVALUATION OF REQUEST Compatibility with Surrounding Area — The site is surrounded by industrial type uses. Outdoor storage of vehicles is typical for industrial areas. Proposal — The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of 31 buses. In order to accommodate the parking, an existing green area to the southeast will be converted to an asphalt pad as will areas near the west side of the building. No additional landscaping is proposed. as Planning Report — Northfield Lines CUP December 19, 2013 Paize 4 Outdoor Storage Requirements — a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I -2) zoning districts, the enclosure may be detached from the principal building. The applicant is proposing an 8 foot wood fence around the southeastern perimeter of the storage area as well as along the north portion of the storage area. b. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The designated storage area is located in the rear yard and is not encroaching into parking setbacks. c. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The outdoor storage will be screened from the right -of- way by the 8 -foot wood fence. The buses are approximately 10 feet tall; therefore, approximately 2 feet will be visible. This is similar to the height and visibility of semi - trucks and trailers in the Industrial areas. d The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage area is specifically for trailer storage and will not have pedestrian or other vehicular movement. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is in a location that is currently both parking lot and green space. The site currently does not meet parking requirements and will not with this proposal. The site requires 54 stalls for office warehouse use; currently there are 23 parking stalls. If additional parking is needed in the future, the new proposed storage area will need to be converted to customer /employee vehicle parking as previously discussed under the existing conditions section of the report. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed storage area consists of bituminous pavement. The new storage area will also be paved with bituminous material. The bus stalls should be striped and the parking area should be designed to city specifications for curb and gutter. q Planning Report — Northfield Lines CUP December 19, 2013 Paae 5 Trash Storage — Trash storage was not specifically addressed in the proposal; however, a site visit found dumpsters located in the parking lot and cages adjacent to the building. Adjacent to the dumpster were a pile of tires and pallets and elsewhere on the site were 5 gallon buckets used for tar or roof coating. Per City Code requirements, all trash and recycling containers should be stored inside the building, or within an enclosure consistent with the provisions in the City Code. The tires, pallets and 5 gallon buckets should be removed immediately. Green Space — Currently 41% of the subject lot is green space. The I -1 District requires at least 25% green space. Portions of the outdoor storage area are proposed to be on a newly paved area which reduces the green space to 26 %. The reduction meets green space requirements but leaves little room for future expansions or additional parking. Landscaping — City Code requires screening of parking and storage areas from the public right - of -way. Screening between industrial properties is not required. The north end of the building is landscaped with some shrubs and a few trees. No additional landscaping is proposed. A site inspection found long grass and weeds behind the building. These should be removed and the landscaping on site should be properly maintained. Grading — The preliminary Site and Grading Plan indicates grading of the southern portion of the site for expansion of paving for the outdoor storage. Since more than 10,000 sq. ft. of land will be disturbed, the applicant should apply for and obtain a grading /excavation permit from the City prior to the construction of the proposed expansion. Detailed plans for this grading work should be prepared and signed by a registered professional engineer. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Streets /Access /Circulation — Public street access will remain unchanged at the two existing locations onto Gemini Road and Neil Armstrong Boulevard. The applicant proposes to pave additional parking areas on the west side of the existing building in the current green space and expand the parking lot on the south side of the building. Wetlands — There are no wetlands on the site, thus, City Code § 11. 67, wetland protection and management regulations, does not apply. Stormwater Management /Water QualitX — The applicant proposes to add approximately 20,867 sq. ft. of impervious surface to the site, resulting in impervious coverage of approximately 74.2% of the 139,388 sq. ft. site. Runoff from this site flows into the storm sewer system along Neil Armstrong Boulevard to EP -1, a stormwater wetland basin, which is in Drainage District E. o Planning Report — Northfield Lines CUP December 19, 2013 PaRze 6 This development should manage storm water and protect water quality from the new parking lot expansion/outdoor storage area runoff in accordance with the current City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, ' /2" Volume Control and oil /grease control (due to the industrial land -use nature of this site /catchment area) as applied to the proposed new impervious areas. Regarding the 1/2" Volume Control requirement, 20,867 sq. ft. of new impervious x 1/2" = 869 cubic feet of required retention. The applicant proposes to meet City Code Section 4.33 requirements through the construction of an infiltration/bioretention basin, with a retention volume of 870 cubic feet, to retain and absorb stormwater runoff from impervious surfaces. While it may be likely that the applicant's stormwater management proposal would comply with City Code Section 4.33 Post - Construction Requirements, no water quality or hydrologic modeling has been provided with the proposal, or supporting soil- borings, to demonstrate compliance. The property owner should be responsible to maintain this storm water system in accordance with City engineering /water quality standards, under a maintenance agreement in a form acceptable to the City Attorney. Financial Obligation — There are no pending assessments on the parcel at this time. SUMMARY /CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of 31 buses in the western and southeastern portions of the lot. The six outdoor storage criteria are met with this proposal. The site currently does not meet parking requirements based on building square footage but staff is not aware of the amount parking being an issue with the operation of this site. The site is short 31 parking stalls. Should customer /employee parking needs increase, the proposed storage area could be restriped to add parking. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of 31 buses for property at 1034 Gemini Road, legally described as Lot 10, Block 6, Eagandale Center Industrial Park No. 3, subject to the following conditions: 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 for the property. q5 Planning Report — Northfield Lines CUP December 19, 2013 3. The outdoor storage is limited to 31 buses located in the parking lot on the western and southeastern portions of the property. 4. The chain link fence located behind the building shall be removed or properly maintained prior to May 15, 2014, 5. Long grass and weeds on property and volunteer (scrub) trees throughout fence line shall be cut and removed from the site by May 15, 2014. 6. Trash receptacles /dumpsters shall be kept either inside the building or within an enclosure constructed according to City Code standards. A revised Site Plan shall show the trash enclosure if one is to be constructed. 7. The tires, pallets and 5 gallon buckets shall be removed from the site immediately. 8. The wood fence shall be kept in good condition. 9. The bus stalls shall be striped and the parking area shall be designed to city specifications for curb and gutter. 10. 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. The applicant shall submit an application to amend the CUP to adjust the number of buses that can be stored as a result of the conversion of the area to parking. 11. The applicant shall obtain a grading permit from the City prior to the construction of the proposed parking lot expansion/outdoor storage area. Detailed plans for this grading work must be prepared and signed by a registered professional engineer and shall be in a form acceptable to the City Engineer. 12. The applicant shall fully meet Eagan's Post Construction Requirements (City Code §4.33) on -site for stormwater management (i.e. volume control, pollutant removal, and runoff rate control). 13. Prior to receiving a grading permit, the applicant shall provide construction details of the proposed infiltration basin for City review (delineation of contributing impervious area, plan view, cross - section, construction/protection, sizing /volume tables, inlet details, outlet /under -drain details, planting details, etc.), to ensure infiltration basin is properly designed and constructed, and adequately protected during /after construction, to function as intended. These details should be included in applicable plan sheet(s). NE Planning Report — Northfield Lines CUP December 19, 2013 Paae 8 14. The applicant shall provide adequately sized pre - treatment (e.g. sediment filter - boxes) at the infiltration basin inlet to provide for effective capture and easily- accessible cleanout of sediments that could plug the infiltration basin. Pre - treatment details shall be included in applicable plan sheet(s). 15. Prior to receiving a grading permit, if stormwater management practices are proposed that will utilize filtration or infiltration, the applicant shall provide the City with soil - boring log(s) (extending 15' min. below bottom of excavation) within the location of any proposed stormwater management feature(s), to evaluate suitability for infiltration. If the soil- boring log(s) indicates incompatibility of soil permeability with the submitted and reviewed design plans, the applicant shall revise the design and /or construction plans, and provide to the City Engineer for review /comment /revision, to ensure 4.33 requirements are met. 16. Prior to receiving a grading permit, the applicant shall provide the City Engineer with volume control calculations to demonstrate '' /z" retention, and water - quality modeling (comparison summary & inputs) to demonstrate no- net - increase of annual TP & TSS loading over existing conditions. 17. Prior to receiving a grading permit, the applicant shall enter into a long -term stormwater facility inspection and maintenance agreement, in a form acceptable to the City Attorney. 18. Within 30 -days of completion of final grading, the applicant shall provide the City as- built plans that demonstrate constructed stormwater facilities conform to design and /or construction plans, as approved by the City. As -built volumes of retention shall be provided for all stormwater facilities. q9 Location Map Z . J _ Rd Lexington Park • i = CLUBVIEW DR Ap O AU 0 AIN L - _ Subject Site Z ALDRIN DRIVE NORTHW OOD P, 0 � K O O tt Q n _ f O _ -E7 m,�&P:H'9fYmClS?a?4.LY9. Do OLE RD.I .............. w so RE am TRL WQSCOYtCOnlnlOnS Park Feet 0 500 1,000 2;000 Project Name: Northfield Lines /1034 Gemini Road Request: Conditional Use Permit Legend Case No: 11- CU- 10 -11 -13 PARCELS 08 -2013 Buildings } nH q t] n / City of LY1p Parks Jun / gsM➢1Mi City Boundary N I C Lono Oak Vankae Doodla.R Dllllo Rd Cllff Rd ' �....•1N�apii ea�z�enf" ..+ Current Zoning and Land Use Map City of EaF Application: Northfield Lines Type: Conditional Use Permit Case No.: 11- CU- 10 -11 -13 Zoning ning 1 -1 Limited Industrial Land Use Plan IND Limited Industrial N 0 300 600 1,200 Feet I -1 a c� ? I -1 x Subject Site CO 0 z 0 Q PD Ow BP z 0 U —A— I -1 —A BP i IND IND ui 0 I D ? IND X Subject Site 0 z 0 MD 0 BP z Z) 0 U -BP; I IND - BP - �- filliki all r v 'Y { >> \ f 77 a 4'. 3 C €Y 3 t it 1 1 IMI r z 0 H �a Cdr cn cn °a 8 �U hkk A mmq nn oo a a3. bN ao a� o � o bV aN.e tNri Am4 H � 's SITE PLAN �I �rjy�a�► II I II PRIM �g��' I I I yytl y fag I I I I I I a� vN � I �I �rjy�a�► .o ® k I )�a m© o r ® ! . Bit *O 2 � � Fe gH s' a a�aa R M r 3$ya °pi rya egg; F [A M H as 3E� qv ii ii lip 0 31 1- EXISTING CONDITIONS Fi (21 IC M, 3-1M Mlll YZER ffE, io Moll Armsfrongr Blvir, 177—S- loa- I il 0 ? x "_ q . t rns zz 1, to a Al 71 PIT i i Fi (21 IC M, 3-1M Mlll YZER ffE, io Moll Armsfrongr Blvir, 177—S- loa- I il 0 ? x "_ q . t rns zz to a Al Fi (21 IC M, 3-1M Mlll YZER ffE, io Moll Armsfrongr Blvir, 177—S- loa- I il 0 ? x "_ q . t rns zz NARRATIVE Northfield Lines, Inc. is a multi - faceted transportation company providing transportation solutions to thousands of customers, transporting them across town or across the country. Our company was purchased in 1989, with six motor coaches. Today, we own 44 vehicles ranging in size from 7 passengers to 77 passengers. Our customers include large companies such as Target Corp, United Flealth, 3M, Toro, and Land O Lakes; to srrraller, personal groups for' weddings and family outings. Northfield Lines has earned a reputation for safety, driver professionalism, and quality equipment. We pride ourselves on friendly, professional services, from Your initial contact to completion of your trip. Rest assured that our customers will enjoy top -notch service and a safe, enjoyable travel experience. Currently, Northfield Lines, Inc. employs 25 full time staff and 40 part time drivers. We are hoping to expand to the Eagan area as our most frequented stop is the Minneapolis St Paul Airport. With this expansion, we hope to provide additional employment for drivers, diesel mechanics, and support staff. The Gemini building will be used to office our sales staff and support staff, dispatch the buses, and provide ongoing training for our drivers. The warehouse portion of the building will be used for maintenance and repair of the buses, cleaning, and some indoor parking of our smaller vehicles. Upgrades to the property would include 8 foot wooden fencing along the back, southern and eastern property line. Landscaping improvements are planned along Gernini (northwestern). The building is in need of roof repair in the near future. We would like to asphalt the back, southern portion of the property to provide the necessary parking space. As references above, approximately 31 vehicles would be parked outside and the remainder indoors. We will need to install a wash bay in the south most bay within the building to clean the buses. The interior office space will not require significant alteration, mainly cosmetic. DECEIVED NDV I C. 2013 �0