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05/05/2014 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 5, 2014 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNITION of Friends of the Farm Volunteers for their Volunteer Hours at Holz Farm IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE Minutes B. PERSONNEL Items C. APPROVE Check Registers D. APPROVE Contract with Palmetto Engineering & Consulting, LLC., to provide a Fiber Network Management Software Solution and Authorize an Adjustment to the 2014 AccessEagan Budget E. APPROVE Dakota County Joint Powers Agreement for Cost Sharing of the Aerial Photography for 2014 F. APPROVE Resolution to Accept Donations for Upcoming Spring /Summer Events from Multiple Partners G. APPROVE Resolution accepting a donation from the Eagan Citizen's Crime Prevention Association to help purchase video surveillance equipment H. APPROVE Exempt Permit for the Eagan High School Boys Hockey Boosters to hold a raffle on July 20, 2014 at the Eagan Civic Arena I. APPROVE Action to not waive the Monetary Limits on Municipal Tort Liability J. ADOPT a resolution accepting a donation from the Eagan Citizen's Crime Prevention Association for reimbursement for staff travel expenses to Livermore, CA K. DIRECT preparation of Ordinance Amendments to Chapters 5 and 11 for: Brewery, Brewpub, Brewer Taproom, Farm Winery and Microdistillery L. APPROVE Portal Participation Agreement with Greater MSP for Use of Salesforce Program M. AWARD Contract 14 -09 (TH 13/ Silver Bell Road/ Cedar Grove Parkway Intersection Improvements) N. AWARD Contract 14 -06 (Denmark Sanitary Lift Station Renovation) 0. APPROVE Final Payment, Contract No. 13 -10 (2013 Citywide Sanitary Sewer Lining) P. PROCLAIM May 18 -24, 2014 as Public Works Week Q. PROCLAIM June, 2014 as Lakes Appreciation Month R. APPROVE Cooperative Agreement with MN Department of Transportation, City Contract 14 -04 (TH 55/ TH 149 Traffic & Safety Improvements) S. AUTHORIZE Preparation of Ordinance Amendments to Chapters 4 & 7 of City Code Relating to Storm Water Management T. APPROVE Letter of Support — Carlson & Quigley Lakes Name Designations U. APPROVE Temporary Use Agreement with Eagan Pointe Senior Living, LLC L1, B1 Eagan Pointe Senior Living Addition V. APPROVE Shows License, Off -Site Gambling Permit and Temporary On -Sale Liquor License for the July 4t" Funfest and waive the license, permit and rental fees W. Approve Telecommunications Lease Amendments V. APPOINTMENT OF ADVISORY COMMISSION MEMBERS VI. PUBLIC HEARINGS A. VACATE Public Drainage & Utility Easements, Lot 1, Block 2, Eagan Promenade B. VACATE Public Drainage & Utility Easements, Great Oaks & The Woodlands North Addition VII. OLD BUSINESS VIII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT- Fiesta Cancun - A Planned Development Amendment to allow for outdoor patio dining located at 4250 Lexington Ave South B. CONDITIONAL USE PERMIT— Enterprise Commercial Trucks - A Conditional Use Permit to allow outdoor storage of rental trucks located at 2905 Lexington Ave South C. ORDINANCE AMENDMENT- Dynamic Signage - An Ordinance Amendment to Chapter 11 regarding dynamic signage hold times D. ORDINANCE AMENDMENT — Accessory Dwelling Units - An Ordinance Amendment to Chapter 11 regarding accessory dwelling units IX. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE X. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items scheduled for consideration at this time) XI. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XII. VISITORS TO BE HEARD (for those persons not on the agenda) XIII. CLOSED SESSION XIV. ADJOURNMENT Akkk- City of Eagan memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: MAY 2, 2014 SUBJECT: AGENDA INFORMATION FOR MAY 5, 2014 CITY COUNCIL MEETING F 9l; ffTICI "I —11 After approval is given to the May 5, 2014 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 5, 2014, Eagan City Council Meeting RECOGNITION AND PRESENTATION A. Recognition Of Friends Of The Farm Volunteers For Their Volunteer Hours At Holz Farm. Action To Be Considered: Recognize Linda Klein, Bob Lane and Kevin Erickson for their volunteer hours at Holz Farm. Facts: ➢ Linda Klein, Bob Lane and Kevin Erickson are being recognized for reaching the 500 hour volunteer milestone at Holz Farm. ➢ The volunteer efforts of the Friends of the Farm have been an extremely valuable component to the success of preserving the 1940's farming heritage for the community. ➢ The Friends of the Farm organization provides volunteer hours and financial support that allow for programs and restoration work at Holz Farm. ➢ Volunteers from the Friends of the Farm and the Eagan Garden Club contributed over 1600 hours of service to Holz Farm in 2013. ➢ Friends of the Farm volunteers are recognized by the City Council after they have reached specific volunteer hour milestones. ➢ Spring is a busy time at the farm as the volunteers and City staff prepares the farm for the Holz Farm Spring Festival on Sunday, May 18 and summer camps that will take place in July. The Farm also hosts the Eagan Garden Club plant sale on Saturday, May 10. ➢ Parks & Recreation Director Johnson will recognize Linda Klein, Bob Lane and Kevin Erickson in honor of their dedication to Holz Farm. Attachments: (0) Agenda Information Memo May 5, 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 April 16, 2014 regular City Council meeting as presented or modified. Attachments: (1) CA -1 April 16, 2014 minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota APRIL 16, 2014 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 Wednesday, April 16, 2014 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, Communications Coordinator Foote, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott and Executive Assistant Stevenson. AGENDA City. Administrator Osberg noted on Consent Item K. - Safari at Eagan 4th Addition, there is a revision to the green space calculations. The Administrative Agenda, under Director of Public Works, will include the addition of Item 1— the Cedar Grove Parking Garage Change Order. Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION Director of Parks & Recreation Johnson recognized and presented a plaque to Cherryl Mesko, Superintendent of Operations, for her 26 years of service to the City of Eagan. Ms. Mesko thanked the City for the opportunity to serve. The City Council thanked Ms. Mesko for her service to the City. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as amended: Aye: 5 Nay: 0 Mayor Maguire pulled Item R. for further comment. A. It was recommended to approve the minutes of April 1, 2014 regular City Council meeting and April 8, 2014 Special City Council meeting. B. Personnel Items 1. It was recommended to approve the hiring of the Parks & Recreation Part -time Marketing Assistant /Clerical Technician. 2. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve check registers dated March 28 and April 4, 2014. D. It was recommended to approve a professional services agreement with Mohagen Hansen Architectural Group for architectural services associated with Old Town Hall. E. It was recommended to approve setting the interest rate for special assessments levied in 2014 at 4.0 %. City Council Meeting Minutes April 16, 2014 2 page F. It was recommended to reschedule the May 6, 2014 Listening Session and Regular City Council meeting to May 5, 2014. G. It was recommended to approve a change in management of the West End Fishing and Hunting Club, Inc. dba West End Fishing and Hunting Club's on -sale 3.2 percent Malt Liquor (Beer) License. H. It was recommended to approve a temporary on -sale liquor license and waive the license fee for the Eagan Foundation's Wine Tasting and Silent Auction on June 19, 2014 at the Eagan Community Center, 1501 Central Parkway. I. It was recommended to approve a resolution to accept a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant. J. It was recommended to approve a resolution to accept donation of portable dasher board system from the Eagan Hockey Association for use at the Eagan Civic Arena. K. It was recommended to approve an easement vacation of public drainage and utility easements within Lots 2, 3, 4 & 5, Block 1, Safari at Eagan 3rd Addition and to approve a final subdivision for Safari at Eagan 4t" Addition to create four lots upon 2.49 acres located at 1575, 1580, 1585 and 1590 Thomas Center Drive. L. It was recommended to approve a Plat Correction for Cedar Grove Parkway 3rd Addition, located at 3825 Cedar Grove Parkway, and authorize the Mayor and City Clerk to execute all related documents. M. It was recommended to approve a Final Plat for R A Jensen First Addition to create one lot upon 2.0 acres located at 3840 Rahn Road (previously 3840 Sibley Memorial Hwy). N. Item removed. 0. It was recommended to approve a Joint Powers Agreement with Dakota County for Contract 14 -04 (TH 55 / TH 149 Traffic Capacity & Safety Improvements) and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve a Signal Maintenance Agreement with MnDOT for Contract 14 -04 (TH 55 / TH 149 Roadway Safety & Capacity Upgrade — Street Improvements) and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of existing street segments on the City of Eagan's Municipal State Aid (MSA) roadway system. R. It was recommended to approve a lease agreement between the City of Eagan and St. Croix Harley Davidson for one 2014 Harley Davidson Motorcycle. PUBLIC HEARINGS There were no public hearing items to be heard. OLD BUSINESS PLANNED DEVELOPMENT AMENDMENT — MFC PROPERTIES (TOWN CENTRE SHOPPES) City Administrator Osberg noted this request was before the Council on February 3 and March 18, 2014, and was continued to allow the applicant time to address green space and vehicle maneuvering concerns. City Planner Ridley gave a staff report and provided details on drive through Option C. City Council Meeting Minutes April 16, 2014 3 page The Council discussed the amendment. The applicant was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to add a drive - through facility upon property located at 3450 Denmark Avenue, subject to the following conditions as amended: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: • Site Plan 2. A Building Permit shall be obtained prior to construction of the new door opening. 3. A plan detail for the pedestrian guard rail between the drive through lane and the existing drive aisle shall be provided for staff review and approval, to be incorporated into the PD Amendment Agreement. 4. "Right turn only" signs shall be installed at the drive - through exit, including a right turn only pavement marking as shown on Exhibit C. The signs should be indicated on a revised Site Plan for the PD Amendment Agreement, and installed before the drive - through is opened for customer use. PRELIMINARY SUBDIVISION, REZONING AND PRELIMINARY PLANNED DEVELOPMENT— HILTON HOME2 SUITES OF EAGAN/MORRISSEY GROUP AND EAGAN ECONOMIC DEVELOPMENT AUTHORITY City Administrator Osberg introduced the item noting the Council will be asked to consider a Preliminary Subdivision, Rezoning and Preliminary Planned Development for Hilton Home2 Suites of Eagan. On April 1, 2014, this item was before the Council for consideration and was continued at the request of the applicant. The applicant has submitted a revised building elevation in response to the City Council's comments. City Planner Ridley gave a staff report noting at the April Vt meeting, the Council directed the ratio of primary building materials should be increased with the target being to achieve at least 50% primary materials. The revised ration of primary materials is 48 %. Bill Morrissey, applicant, noted after further review and hard work, they have found a way to get to at least the 50% primary building materials. Mr. Morrissey provided a revised drawing showing the additional 2% primary building materials. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes April 16, 2014 4 page Councilmember Fields moved, Councilmember Hansen seconded a motion to approve a Preliminary Subdivision (Cedar Grove Parkway 4th Addition) to create two lots upon 1.8 acres legally described as Lot 2, Block 1, Cedar Grove Parkway 2nd Addition, located along Cedar Grove Parkway between Fen Way and River Valley Way, subject to the following conditions: Aye: 5 Nay: 0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, 131, B2, B3, B4, C1, C2, C4, D1, and E1. 2. The property shall be platted. 3. The applicant shall maintain erosion control, re -grade the site, and establish turf on Lot 2, Block 1, Cedar Grove Parkway 4th Addition, during and after construction, as required by the City Engineer and at no cost to the City. 4. Lot 2 shall be vacated upon issuance of the Lot 1 Certificate of Occupancy, the sale of Lot 2, or within 30 days written request by the City. 5. No construction equipment or vehicles shall use the parking garage during development of this site. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (IVINDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 7. A storm sewer catch basin or manhole shall be provided at the right -of -way line at the Cedar Grove Parkway entrance between Lots 1 and 2 for future extension into Lot 2. 8. The developer shall be responsible to restore the street, curb and gutter, and boulevard damaged by installation of the water main service along Cedar Grove Parkway in a manner acceptable to the City Engineer. 9. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 10. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 11. The front door canopy shall provide a minimum 12' clearance for public safety vehicles. 12. The driveway between Lot 1 and 2 shall provide shared access for both properties. 13. The exit lane on Lot 2 shall be constructed by the developer. 14. A private access agreement shall be required to allow access and circulation between Lots 1 and 2 in a form acceptable to the City Attorney. 15. The connection to the parking garage shall be aligned with the drive aisles within the garage, be a minimum of 28' wide, (24' drive aisle centered within a 28' opening into the garage), provide access into and out of the garage, and a "clearance bar" installed to limit large vehicles. 16. The developer shall install bollards at the pedestrian connection to the parking garage. 17. The developer shall extend the public concrete sidewalk in the Cedar Grove Parkway right - of -way through the site. 18. Streets lights shall be extended through the site by the developer. City Council Meeting Minutes April 16, 2014 5 page 19. Public drainage & utility easements at least 10' in width shall be dedicated on both sides of all public utilities, and 10' easements shall be dedicated along all lot lines. 20. The developer shall obtain all outside agency permits as necessary for completion of the site improvements. 21. Off -site street trees shall be shown on the Final Landscape Plan to illustrate how the streetscape and on -site landscaping work together. 22. This development shall accept its additional financial obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 23. The monument sign location shall be at least 10' from the property line and outside of the utility easement area. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Rezoning from CGD (Cedar Grove District) to PD (Planned Development) for proposed Lot 1, Block 1, Cedar Grove Parkway 4th Addition, located along Cedar Grove Parkway between Fen Way and River Valley Way. Aye:S Nay:O Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a Preliminary Planned Development for proposed Lot 1, Block 1, Cedar Grove Parkway 4th Addition, to allow a four - story, 123 -unit hotel located along Cedar Grove Parkway between Fen Way and River Valley Way, subject to the following conditions as amended: Aye: 5 Nay: 0 1. A Preliminary Planned Development Agreement shall be executed. The following exhibits shall be made part of the Agreement: • Preliminary Site Plan • Preliminary Landscape Plan • Preliminary Building Elevations Plan • Preliminary Site Lighting Plan • Preliminary Signage Plan 2. The property shall be platted. 3. Rooftop mechanical units shall be shown on the Building Elevations at the time of building permit, and placement of units 20' from the building edge and parapet height shall be demonstrated on the permit plans. If these measures alone do not fully screen some equipment, additional screening measures shall be employed in accordance with City Code. 4. The building finish materials shall meet at least 50% use of primary materials and not more than 30% use of secondary materials per the elevation drawing introduced at the 4 -16 -14 City Council meeting. 5. All primary and secondary exterior building finish materials shall be integrally colored stucco, stone and cement fiber board. 6. Detailed sign plans shall be submitted with the application for Final Planned Development including dimensions, type of construction, and how the signs are to be lit. Conformance with City Code standards will be confirmed at that time. All signs shall require a Sign Permit prior to installation. 7. Building signage shall be allowed to be located on the north, east and west sides of the building. 8. The monument sign location shall be at least 10' from the property line and outside of the utility easement area. The base shall be masonry to match the principal building. Design City Council Meeting Minutes April 16, 2014 6 page plans for the monument sign should be provided at the time of Final Planned Development, and conformance with the CGD design standards confirmed at that time. 9. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 10. Off -site street trees shall be shown on the Final Landscape Plan to illustrate how the streetscape and on -site landscaping work together. 11. A Photometric Lighting Plan shall be provided at the time of Final Planned Development, illustrating levels of illumination in conformance with CGD standards. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION (EAGAN PROMENADE 4T" ADDITION) — CHICK -FIL -A City Administrator Osberg introduced the item noting the Council is being asked to consider a Planned Development Amendment to allow the subdivision and addition of a building and a restaurant use with drive - through service within the Eagan Promenade Planned Development, and a Preliminary Subdivision to create two lots upon 2.63 acres located at 3380 Denmark Avenue. City Planner Ridley gave a staff report noting the Advisory Planning Commission's feedback on the request. Jason Hill, Chick- fil -A, provided the company history of business operations and a summary of the request. Joe Vavrina, engineer, addressed the concerns of the Advisory Planning Commission regarding traffic circulation on and around the site, detached trash enclosure, off -site trash storage and enclosure, parking stall size, off -site and shared parking, reduced number of parking stalls both on the site and overall, the number of building signs, and an individual monument sign along Yankee Doodle Road frontage. Mr. Vavrina also noted their traffic study suggested a proposed median on Promenade Place to help direct traffic flow. Mayor Maguire opened the public comment. Tom Guguire, Dairy Queen owner, addressed the Council with his concerns regarding lot size, request for a monument sign, volume of traffic and off -site trash enclosure. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the request. Mayor Maguire noted it would be hard approving the request until there was a collaborative solution to the traffic issue. The Council agreed there needs to be more discussion on traffic control. Councilmembers Hansen and Bakken agreed with the concept of infill in this area, but each envisioned it on the property to the north. Mr. Hill stated Chick- fil -A's agreement with traffic being the primary issue and that Chick -fil -A would provide the necessary improvements to Promenade Place at their expense, if approved by the current property owner. After further discussion, the Council agreed before discussing all of the issues noted, traffic circulation was a significant concern and a solution would need to be addressed. City Council Meeting Minutes April 16, 2014 7 page Per the request of the applicant, there was Council consensus on the following comments: • Moving the monument sign to the Yankee Doodle location was not a concern • The number of building signs allowed would not be four - would possibly consider 3 building signs • The off -site, detached trash enclosure would be considered, provided the enclosure meets exterior finish standards • Not concerned with the number of parking stalls • Not concerned with the off - site /shared parking proposed • Not concerned with the angled parking stall dimensions • Not concerned with lot size and configuration The Council reiterated their biggest concern is traffic movement and circulation with Promenade Place and Denmark Avenue. The Council also questioned how the tax valuation and assessment policies would apply to such a uniquely configured lot and requested that staff and the City Attorney provide information in that regard for consideration when this proposal comes back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue indefinitely the Planned Development Amendment and Preliminary Subdivision (Eagan Promenade 4t" Addition — Chick - fil-A. Aye:5 Nay:0 LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted the Finance Committee met on April 16, 2014 to discuss proposed Change Order No. 5 for Contract 13 -05, Cedar Grove Parking Garage, as it relates to the construction impact of weather delays. The Committee recommended approved of the additional cost amounts. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve Change Order No. 5 to Contract 13 -05 (Cedar Grove Parking Garage) pursuant to the City Attorney's final review and formatting and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 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 8:17 p.m. Aye: 5 Nay: 0 City Council Meeting Minutes April 16, 2014 8 page Date Mayor City Clerk Agenda Information Memo May 5, 2014 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Fire Relief Association Pension Issue with Fire Chief Mike Scott Action to be Considered: Approve the payment to Chief Scott in full satisfaction and release of all claims regarding his Fire Relief Association Pension. Facts: ➢ The Personnel Committee of the City Council is recommending payment to Chief Scott as resolution to this matter. Attachments: (0) Item 2 Action to be Considered: Approve the hiring of Jacob Coulson, Patrol Officer with the Eagan Police Department Facts: ➢ City Council approved hiring for this position on December 17, 2013. Attachments: (0) Item 3 Action to be Considered: Accept the resignation of Detective Brian Gunderson and authorize hiring his replacement. Facts: ➢ Detective Gunderson submitted his resignation effective May 29, 2014. ➢ He is retiring after 28 years of service. Attachments: (0) Item 4 Action to be Considered: Approve the hiring of Logan Anderson, Patrol Officer with the Eagan Police Department. Facts: ➢ Mr. Anderson replaces the vacancy created by the retirement of Brian Gunderson. Attachments: (0) Item 5 Action to be Considered: Approve the promotion of Lori Stefanko, FT Guest Services Specialist at the Eagan Community Center. Facts: ➢ City Council previously approved to fill the position on April 1, 2014. ➢ Ms. Stefanko has served as PT Manager on Duty at the Eagan Community Center since August 2005. Attachments: (0) Item 6 Action to be Considered: Approve the hiring of Jonathan Kemp, Dale Stein and Michael Winters for the position of FT Firefighter. Facts: ➢ These positions were created using a 2 year SAFER federal grant that the City was awarded in November 2013. Attachments: (0) Item 7 Action to be Considered: Approve the hiring of the Property Maintenance /Code Enforcement Technician "to be named ". Facts: ➢ City Council previously approved to fill the position on March 18, 2014. Attachments: (0) Item 8 Action to be Considered: Accept the resignation of Craig Jensen, Streets Maintenance Worker, and authorize hiring his replacement. Facts: Mr. Jensen submitted his resignation effective May 30, 2014. ➢ He is retiring after 30 years of service. Attachments: (0) Item 9 Action to be Considered: Approve the status change of Barbara Normandin, Guest Services Specialist, from 40 hours per week to 24 hours per week. Facts: ➢ Ms. Normandin requested a change of hours to 24 hours /week with PT pro -rated benefits. Attachments: (0) Item 10 Action to be Considered: Approve the hiring of a Fitness Coordinator at the Eagan Community Center. Facts: This is a full -time 30 hours /week position. ➢ This position is necessary due to the retirement of Cherryl Mesko and subsequent promotion of Marshall Grange from Fitness Coordinator to Community Center Manager. Attachments: (0) Item 11 Action to be Considered: Approve the reclassification of City Hall Clerical Technician from grade 4 to a grade 5. Facts: ➢ The role of the Clerical Technician 4 has changed and assumed more duties since the promotion of Amy Grannes to Administrative Supervisor managing both City Hall and Central Maintenance office staff. Attachments: (0) Item 12 Action to be Considered: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Everling, Albert Civic Arena Building Attendant III Community Baxter, Kelly Center Guest Services Representative Brean, Karen Community Guest Services Representative Center Sturgeleski, Kevin Forestry Forestry Technician Boursell, Joseph Forestry Landscape Crew Daniels, Nicholas Forestry Landscape Crew Kells, Jeff Forestry Landscape Crew Koppang, Andrew Parks Ballfield Attendant Biermeier, Josh Parks Park Attendant Edwards, Rob Parks Park Laborer Seasonal Jungers, Dave Parks Park Laborer Seasonal Kalb, Connor Parks Park Laborer Seasonal Rausch, Robert Parks Park Laborer Seasonal Marks, Ryan Parks Park Maintenance Seasonal Schoenecker, Thomas Parks Park Maintenance Seasonal Seiz, Abraham Parks Park Maintenance Seasonal Seurer, Dennis Parks Park Maintenance Seasonal Weldon, Brady Parks Park Maintenance Seasonal Williams, Charles Parks Park Maintenance Seasonal Parks & Andersen, Jule Recreation Concessions Parks & Bruckmueller, Carli Recreation Concessions Parks & Kaszynski, Riley Recreation Concessions Parks & Lovett, McKenzie Recreation Concessions Parks & Gerber, Bethany Recreation Preschool Teacher Parks & Garcia, Sara Recreation Recreation Assistant Informatives: PT Marketing Assistant/ Clerical Technician IV named: Jeanette Nelson ➢ City Council approved hiring for this position on April 16, 2014. Agenda Information Memo May 5, 2014 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated April 11, 18, and 25, 2014 as presented. Attachments: (2) CC -1 Check register dated April 11, 2014 CC -2 Check register dated April 18, 2014 CC -3 Check register dated April 25, 2014 Agenda Information Memo May 5, 2014, Eagan City Council Meeting CONSENT AGENDA D. Approve contract with Palmetto Engineering & Consulting, LLC. to provide a Fiber Network Management Software Solution and Authorize an adjustment to the 2014 AccessEagan budget Action To Be Considered: Approve contract with Palmetto Engineering & Consulting, LLC. to provide a fiber network management software solution to manage documentation of all City fiber assets and authorize a budget adjustment to the 2014 AccessEagan budget. Facts: ➢ The current open- source GIS fiber mapping product being utilized by the City is not meeting the business needs of the City, nor does it integrate with the City's GIS platform. ➢ The purpose of the proposed software is to effectively manage fiber running lines, handhole locations, and splice points from as -built drawings. In addition, it manages customer premise equipment (i.e. network switches) as well as core switching equipment stored in the City's data center used to operate the City's fiber infrastructure. ➢ In December of 2013, after reviewing several different products, staff requested demonstrations and quotes from four qualified vendors; Geographic Technologies, Enghouse, 3GIS and Palmetto Engineering & Consulting LLC. ➢ It is recommended that the City enter into a contract with Palmetto Engineering & Consulting, LLC. to provide a fiber network management software at a cost not to exceed $15,500. ➢ Staff is requesting a budget adjustment of $15,500 to the 2014 AccessEagan budget to fund this purchase. Attachments: To view the proposed contract please contact the City Administrator's office. Agenda Information Memo May 5, 2014, Eagan City Council Meeting CONSENT AGENDA E. To approve Dakota County Joint Powers Agreement for Cost Sharing of the aerial photography for 2014 Action To Be Considered: To approve Dakota County Joint Powers Agreement for Cost Sharing of the aerial photography for 2014. Facts: ➢ This agreement is similar to previous agreements that we have had in place with the County since 2005. ➢ The two -year total cost for the project is $118,380 or $59,190 per year. Eagan's shared cost for 2014 will be $2,828, and increase of about $700 from 2013. ➢ Delivery of this pictometry is expected late summer and imagery will be online through Pictometry Connect. Attachments: To view the proposed contract please contact the City Administrator's office. Agenda Information Memo May 5, 2014, Eagan City Council Meeting CONSENT AGENDA F. Approve A Resolution To Accept Donations For Upcoming Spring /Summer Events From Multiple Partners. Action to Be Considered: To approve a resolution to accept cash and in -kind advertising donations from the following organizations and to authorize the necessary budget adjustments. Cash Donations (Alphabetical Order) ➢ Blue Cross & Blue Shield of Minnesota for Market Fest Veggie Bucks Program o $750 partnership - split $250 for admin fee (non - refundable) and $500 for produce voucher reimbursements (unused amounts are refunded). ➢ Eagan 55 plus /Seniors ($200) — Market Fest Health & Wellness Night ➢ Genisys Credit Union o $500 Old Fashioned Holiday at Holz Farm o $2000 Puppet Wagon o $2,500 Halloween Hodgepodge ➢ Minnesota Pork ($500) — Market Fest Classic Car Night ➢ Rasmussen College ($1,500) — Market Fest ➢ Advertising In -Kind Donations o Jazz 88.5 FM /Premier Latino Events o Two radio mentions to run every Sunday during Paraiso Musical Hispanic radio show announcing Latino Night at Market Fest from June 2014 until August 2014. (Value $900). ➢ Sun Thisweek Newspaper o Market Fest — event runs 17 weekly ads at a discounted rate of $168 per ad as part of the partnership agreement. This is an in -kind donation value of $5,763 (non- discounted rate is $504 /ad) o 50% discount on event ads as promotional partner for Harvest of Art, Halloween Hodgepodge, Lone Oak Days and Food on 4 Wheels Food Truck Festival. Facts: ➢ The Market Fest 2014 season is planned and ready to provide a farmers market, artisan market, food and music for the community to enjoy every Wednesday evening from June through September. o Donation dollars were budgeted for 2014 to allow this free community program to be hosted by interested local partners. ➢ The partners listed above are willing to donate cash or in -kind promotional advertising for Market Fest, Halloween Hodgepodge, Puppet Wagon, Harvest of Art, Lone Oak Days and Food on 4 Wheels Festival. ■ By approving the donation from Genisys Credit Union for the Puppet Wagon, the 2014 Recreation budget would receive a corresponding budget adjustment of $2000 to 3060.4663. The other donations were budgeted for. Attachments: (1) CF -1 Resolution CITY OF EAGAN RESOLUTION TO ACCEPT CASH DONATIONS FROM GENISYS CREDIT UNION WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Eagan 55 plus /Seniors, Minnesota Pork, Blue Cross and Blue Shield of Minnesota, Genisys Credit Union, Rasmussen College, Sun Thisweek Newspaper and Jazz 88.5 FM, have expressed an interest in partnering with Eagan Parks & Recreation to support several 2014 programs and events; and . WHEREAS, the Eagan 55 plus /Seniors ($200), Minnesota Pork ($500) and Rasmussen College ($1,500) have offered to donate cash to support the Eagan Market Fest. Genisys Credit Union has offered to donate to Halloween Hodgepodge ($2,500), Puppet Wagon ($2,000) and Old Fashioned Holiday ($500). Additionally, Sun Thisweek Newspaper offered $5,700 of in -kind advertisements for Market Fest and 50% advertisement discount for Halloween Hodgepodge, Puppet Wagon, Old Fashioned Holiday, Harvest of Art and the Food on 4 Wheels Festival and Jazz 88.5 has offered $900 in free radio advertising during their Hispanic radio show for Latino Night at Market Fest. Lastly, Blue Cross and Blue Shield of Minnesota will fund a total of $750 for Market Fest Veggie Bucks program ($250 administration fee and $500 for produce voucher reimbursements), and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the cash donations for Eagan Market Fest of Eagan 55 plus /Seniors ($200), Minnesota Pork ($500), Blue Cross and Blue Shield of Minnesota ($750) and Rasmussen College ($1,500). Additionally, accept the cash donation of Genisys Credit Union for Halloween Hodgepodge ($2,500), Puppet Wagon ($2,000) and Old Fashioned Holiday ($500). Lastly, accept in -kind advertising from Sun Thisweek Newspapers and Jazz 88.5 FM. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk Motion made by: Seconded by: Those in favor: Those against: Dated C4Lfijid[ "N7I I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of May, 2014. City Clerk Agenda Information Memo May 5, 2014, Eagan City Council Meeting CONSENT AGENDA: G. Adopt A Resolution Accepting A Donation From The Eagan Citizen's Crime Prevention Association And Authorize A Corresponding Budget Adjustment Action To Be Considered: Adopt a resolution accepting a $13,800.00 donation from the Eagan Citizen's Crime Prevention Association that will help to purchase covert video surveillance equipment. Facts: ➢ The Eagan Citizen's Crime Prevention Association is forwarding a $13,800.00 donation to purchase covert video surveillance equipment. ➢ The police department seeks authorization to accept this donation where a corresponding budget adjustment will need to be made to line item # 1105 -6220 in the department's 2014 budget. Attachments: (1) CG -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Eagan Citizen's Crime Prevention Association WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Citizen's Crime Prevention Association has presented the police department with a donation in the amount of $13,800.00. The funds will be used to purchase covert video surveillance equipment. 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 #1105 -6220 in the police department's 2014 budget; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Citizen's Crime Prevention Association for the gracious and generous donation. ADOPTED this 5th day of May, 2014. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo May 5, 2014, Eagan City Council Meeting CONSENT AGENDA H. Approve Exempt Permit for the Eagan High School Boys Hockey Boosters to hold a raffle on July 20, 2014 at the Eagan Civic Arena, 3870 Pilot Knob Road Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Eagan High School Boys Hockey Boosters to conduct a raffle on July 20, 2014 at the Eagan Civic Arena, 3870 Pilot Knob Road. Facts: ➢ The Eagan High School Boys Hockey Boosters have applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CH -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN HIGH SCHOOL BOYS HOCKEY BOOSTERS WHERAS, the Eagan Athletic Association has applied for an Exempt Permit to conduct a raffle on July 20, 2014; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Eagan Athletic Association to conduct a raffle on July 20, 2014 at 3870 Pilot Knob Road. Motion by: Seconded by: Those in favor: Those against: Date: May 5, 2014 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of May, 2014. City Cleric Agenda Information Memo May 5, 2014, Eagan City Council Meeting CONSENT AGENDA Approve Action to not waive the monetary limits on municipal tort liability Action To Be Considered: To approve action to not waive the monetary limits on municipal tort liability. Facts: ➢ Each year at the time of the renewal of the City's property /casualty insurance policies, the City Council is asked by the League of Minnesota Cities Insurance Trust (LMCIT) to take formal action to "waive" or "not waive" the statutory tort limits to the extent of the insurance coverage being purchased. ➢ Minnesota Statutes provide the maximum liability of any municipality on any claim to be $500,000 when the claim is for death by wrongful act or omission and $500,000 to any claimant in any other case and $1,500,000 for any number of claims arising out of a single occurrence. These limits do not cover MN Statutory Liquor and Federal Laws (civil rights and disabilities). ➢ The City is annually provided an option to purchase excess liability coverage, in effect raising the statutory limits. However, because the statutory limits have been upheld in numerous court cases and because of the relatively high premium costs, Eagan has chosen over the past number of years not to purchase any excess liability coverage. ➢ Choosing not to waive the statutory tort limits means that an individual claimant could potentially recover no more than $500,000 on any claim to which the statutory tort limits apply. The total that all claimants could potentially recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. ➢ Staff has not done a survey, but in discussing the issue with the City's insurance agent there does not appear to be a consistent conclusion reached by the various cities insured by the LMCIT as to either purchase excess liability coverage and /or to waive or not waive the tort limits. Individual City philosophies and financial situations are most important in informing the decision. While staff has not requested a complete legal analysis of the issue, the City Attorney sees the decision to waive or not waive the tort limits as a matter of public policy for the City Council to decide. Attachments: (0) Agenda Information Memo May 5, 2014, Eagan City Council Meeting CONSENT AGENDA J. Adopt A Resolution Accepting A Donation From The Eagan Citizen's Crime Prevention Association ( ECCPA) And Authorize A Corresponding Budget Adjustment Action To Be Considered: Adopt a resolution accepting a $3,236.00 donation from the Eagan Citizen's Crime Prevention Association that will be used to reimburse the City for travel expenses incurred by four staff members who traveled to Livermore, California. Facts: ➢ The Eagan Citizen's Crime Prevention Association is forwarding a $3,236.00 donation to reimburse the City after four staff members traveled to Livermore, California from March 12, 2014, thru March 14, 2014. ➢ The ECCPA provided the donation in an effort to allow City staff to travel to Livermore, California, and speak with local officials about the potential issues surrounding their recently constructed premium outlet mall. City Administrator Osberg, Community Development Director Hohenstein, Public Work's Director Matthys, and Police Chief McDonald were the staff members who traveled to Livermore. Other than paying salaries, the City incurred no expenses. ➢ Approving the resolution will necessitate the need to make the following budget adjustment: Donations 9001.4663 $ 3,200 Police — travel 1104.6476 1,100 Admin — travel 0201.6476 700 Engineering — travel 2010.6476 700 Comm Dev — travel 0720.6476 700 Attachments: (1) CJ -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Eagan Citizen's Crime Prevention Association WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Citizen's Crime Prevention Association has presented the police department with a donation in the amount of $3236.00. The funds will be used to reimburse the City after four staff members traveled to Livermore, California from March 12, 2014 thru March 14, 2014. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Citizen's Crime Prevention Association for the gracious and generous donation. ADOPTED this 5th day of May, 2014. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo May 5, 2014 Eagan City Council Meeting Consent Agenda K. Direct Ordinance Amendment Relative to Brewery, Brewer Tap Room, Farm Winery & Micro - distillery — City of Eagan Action To Be Considered: Direct City staff to work with the City Attorney on the preparation of an Ordinance Amendment to Chapters 5 and 11 regarding breweries, brewer tap rooms, farm wineries and micro- distilleries. Required Vote For Approval: Majority of Council Members Present Facts: ➢ The City Council was made aware of information gathered relative to breweries and brewer tap rooms and suggested expanding the list to include wineries and micro - distilleries. ➢ City staff shared recently that the most efficient approach to the ordinance amendment(s) was to incorporate all of the proposed changes in a single amendment. ➢ The City Attorney's office has been consulted and the City Clerk has also reviewed standards found in State Statutes that will inform the draft ordinance language. ➢ The anticipated timing would have the amendment before the APC in May and Council action in June. Attachments: (0) Agenda Information Memo May 5, 2014, Eagan City Council Meeting CONSENT AGENDA L. Approve a Participation Agreement with Greater MSP for use of the Salesforce.com Communities Portal. Action To Be Considered: To approved a Participation Agreement with Greater MSP for use of the Salesforce.com Communities Portal Regional Database system and authorize the Mayor to sign the agreement. Facts: ➢ Greater MSP is acting as the regional liaison for coordination of a master license of the Salesforce.com Communities Portal. The Communities Portal is a client relationship management (CRM) platform designed to provide a coordinated regional database for gathering company specific data. ➢ The system will allow participating communities access to business information specific to that community gathered from a variety of sources including Greater MSP, local Chambers of Commerce, and coordinated business visits. ➢ The participating communities will also have private access to data entry for economic development projects currently in progress. ➢ As an investor in Greater MSP, the $400 annual license fee will be waived for the City of Eagan. ➢ By signing this agreement, the participating community accepts the terms and conditions of the Participation Agreement, including non - disclosure of company specific confidential information. Attachments: (1) CL -1 Salesforce.com Participation Agreement rr GREATER MSP SALESFORCE.COM COMMUNITIES PORTAL PARTICIPATION AGREEMENT between GREATER MSP and Participant: CITY OF EAGAN This Participation Agreement between GREATER MSP and CITY OF EAGAN (hereafter referred to as the "Participant ") sets forth the terms and conditions of being a user in the GREATER MSP Salesforce.com Communities Portal. The parties of this Agreement have determined that the Salesforce.com Communities Portal is an effective way to develop and provide a coordinated Regional database, This system will act as a client relationship management (CRM) platform for each participating agency as well as provide for the gathering of company- specific data, reporting and analyzing trends, and identifying needs in the Region in aggregate form, The City will manage any data entry and reporting in accordance with State Law. A. Sub - License: This Agreement governs the sub - license for the following geographic area; Counties: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Le Sueur, Mille Lacs, Pierce, Ramsey, Scott, Sherburne, Sibley, St. Croix, Washington, Wright. B. Financial Conditions of Agreement: In partnership with GREATER MSP and acting as its Region liaison, GREATER MSP has purchased a master Salesforce.com Communities Portal license for the purpose of helping local partners participate in a Regional Client Relationship Management (CRM) system. The cost of the Salesforce,com Communities Portal Participant License is $400.00 annually. GREATER MSP will waive the annual license fees for Participants that are investors in GREATER MSP in 2014, C. License Ownership: ° GREATER MSP's approval of the Participant's opportunity to hold a sub - license is subject to Participant's acceptance of and compliance with the terms and conditions of this Participation Agreement, D. Confidentiality The Participant and GREATER MSP agree and acknowledge that all of the information obtained from individual companies during the interview process is highly confidential and that such company - specific data will not be published or disclosed by either Participant or by GREATER MSP, or by their members, Page 1 of 4 agents, employees, or volunteers without consent from business. Both Participant and GREATER MSP will strive to protect the confidentiality of this data from deliberate or inadvertent disclosure. The consequences of violating this provision include suspension of Participant's sub - license. E. Data Access and Usage: 1. The Participant shall provide GREATER MSP with the name of the person who will utilize the sub- license. 2. Participant agrees to immediately notify GREATER MSP about any changes in its Participants so that user access status and passwords can be changed.. 3. Participant must appoint a specific person to enter and retrieve data from Salesforce,com, or other data collection tools deployed by Salesforce.com Communities Portal. Due to the high level of confidential information contained within this data, company - specific information learned through data entry and /or reporting shall not be, disclosed to the public without consent from the business. 4. Participant may not contact a company directly concerning information learned through Salesforce.com Communities Portal data, unless the company is located in Participant's City or County and the Participant has obtained permission from the user who entered said data. 5. All work done for the Salesforce.com Communities Portal shall be completed in a professional manner. F. Data Collection To ensure consistency across the various sub - license Participants, the Participant agrees to comply with the MN Salesforce.com Instance Naming Convention attached as EXHIBIT A. G. Responsibilities of GREATER MSP 1, GREATER MSP will serve as the database administrator for the Salesforce.com Communities Portal and will manage Participation Agreements, 2, GREATER MSP, as database administrator, shall establish all sub - license profiles, passwords and access levels. H. Suspension of Participant Sub - License: GREATER MSP shall monitor violations of confidentiality, data collection, and /or data integrity issues, Participant and GREATER MSP agree to work together in this process and to take appropriate steps and actions to correct any issues. Page 2of4 L. Agreement Changes: GREATER MSP and Participant have attempted to educate themselves on the Salesforce.com Communities Portal before writing and signing this Agreement. However, all parties agree to and understand that — as this is a new Salesforce.com Communities Portal, periodic changes to this Agreement may be necessary to clarify any points not already addressed, or to modify existing elements of this Agreement. Participant will be given at least 30 days notice of any amendments to this Agreement. M. Signatures: The following parties, by signing this document agree to all provisions of this Agreement. PARTICIPANT Date CITY COUNTY GREATER MSP Date Page 3 of 4 EXHIBIT "A:" The following are the naming guidelines that the CRM partnership has agreed to follow when creating accounts; v C�erie "! 1":4-W l` .,.4..,. «.� ,. Attention to No punctuation (periods or commas) I.B.M. = IBM No Numbers (Write them out in words) unless 3M = 3M; 3 Bros,, Inc. = Three Brothers Inc art of a trademarked name Finance No "A" "An" or "The" in the First word of the The Bayer Group = Bayer Group name Revenue Service No word "And" -- use " &" with no spaces for J & J = J &J; Black & Decker = Black & letters Decker No Spaces are allowed between letters A B & F Chemical Co = AB &F Chemical Co legal name A W Smith Co = AW Smith Co No spaces for all contacts starting with "Me" or Mac Donald = MacDonald "Mac" United States Major contact designations are first, with Baltimore BB Chemical Co = BB Chemical Co locations second using a "hyphen" ( -) in — Baltimore between Government Apostrophes (`) are used when part of the Joe's Bakery, McDonald's business name International Attn Attention to Inc > !tsc All US organizations are under the two initials NJ Motor Vehicles, MN Department of plus department Finance All US federal organizations are under "US" Internal Revenue Service = US Internal LLP Revenue Service All city and county agencies are under the City, General Dist Court City of Minneapolis = County name first Minneapolis City of General Dist Court All colleges and universities are under their North Carolina State University, College of legal name William & Mar Attn Attention to Inc Incorporated Co Company LLC Limited Liability Corp Corp Corporation LLP Limited Liability Partnership DBA Doing Business As Ltd Limited Div Division (al) St Saint Dept Department US United States Dist District FICA Formerly Known As Gov Government USA United States of America Intl International Page 4 of 4 Agenda Information Memo May 5, 2014 Eagan City Council Meeting CONSENT AGENDA M. Contract 14 -09, TH 13 /Silver Bell Rd & Nicols Rd /Cedar Grove Pkwy /Silver Bell Rd Intersection Improvements Action To Be Considered: Receive the bids and award Contract 14 -09 (Trunk Highway 13 /Silver Bell Road and Nicols Road /Cedar Grove Parkway /Silver Bell Road - Intersection Improvements) to Concrete Idea, Inc., for the Base Bid in the amount of $161,970, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -09 provides for modification of traffic signals at the intersections of Trunk Highway 13 and Silver Bell Road and Nicols Road, Cedar Grove Parkway and Silver Bell Road, and other miscellaneous improvements as recommended in the Cedar Grove Alternative Urban Areawide Review (AUAR) update. The proposed improvements include installation of flashing yellow arrows, modifications to signage, turn lanes, and signal interconnection at these intersections to accommodate existing and anticipated traffic in the area. ➢ The AUAR update was prepared for the purpose of supporting the development of the Cedar Grove Redevelopment Area by the Economic Development Authority (EDA). As evidenced by the numerous actions taken by the City Council and EDA over the past year, as well as the scheduled opening of the Twin Cities at Eagan outlets center on August 14, 2014, the proposed improvements are warranted for installation. ➢ The proposed improvements are included in the approved 2014 -2018 CIP. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid of $161,970 from Concrete Idea, Inc., (27% below the estimate) has been reviewed by the City's engineering consultant, SRF Consulting Group, and Public Works staff, and found to be in order for favorable Council action. Attachments: (1) CM -1 Bid Summary Tabulation BID SUMMARY Contract 14 -09 (TH 13 /Silver Bell Rd and Silver Bell Rd /Nicols Rd/ Cedar Grove Pkwy) Intersection Improvements Bid Date /Time: Thursday, May 1, 2014, at 10:30 am Contractors 1. Concrete Idea, Inc. 2. Urban Companies 3. Max Steininger, Inc. 4. Bituminous Roadways Total Base Bid $ 161,970.00 $ 195,335.00 (corrected) $ 196,834.57 $ 219,181.50 $ 161,970.00 $ 222,230 -27.1% Agenda Information Memo May 5, 2014 Eagan City Council Meeting 1810 P&I�i1TCWlK1 N. Contract 14 -06, Denmark Lift Station Replacement Sanitary Sewer Improvements Action To Be Considered: Receive the bids and award Contract 14 -06 (Denmark Lift Station Replacement - Sanitary Sewer Improvements) to Ryan Contracting, Inc., for the Base Bid in the amount of $559,000 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The City's Public Works Department (Utilities Division) operates 16 sanitary sewer lift stations to pump sewage from areas of the public sanitary sewer system. The estimated asset life of a sanitary sewer lift station, with normal maintenance or repairs, is 40 years. ➢ The Denmark Sanitary Sewer Lift Station, located at 3915 Denmark Avenue, was constructed in 1984. The lift station covers the largest area of the city in comparison to the other sanitary lift stations, moves the second largest volume of sanitary sewage, and is in poor condition with worn infrastructure. ➢ On June 4, 2013, the City Council authorized the replacement of the existing sanitary sewer lift station with the approval of the Sanitary Sewer Operations and Facilities portion of the 2014 -2018 Capital Improvement Plan (CIP), as well as the 2014 operating budget. ➢ All of the construction activity for said improvements has been designed to occur within existing City property, public right -of -way or easements. ➢ On March 18, 2014, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 14 -06. ➢ At 11:00 a.m. on Friday April 18, 2014, formal bids from each bidder were received for this project. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid of $559,000.00 from Ryan Contracting, Inc. (5% below the estimate), has been reviewed by the City's engineering consultant, Bolton & Menk, Inc., and Public Works staff, and found to be in order for favorable Council action. Attachments (1) CN -1 Bid Summary Tabulation BID SUMMARY 2014 DENMARK SANITARY LIFT STATION REHABILITIATION CITY PROJECT NO. 1147 CITY CONTRACT NO. 14 -06 Bid Date/ Time: 11:00 a.m., Friday April 18, 2014 Estimate: $587,500 Contractors Ryan Contracting Minger Construction Inc. Geislinger & Sons Penn Construction Inc. Total Base Bid $559,000 $599,070 $699,000 $738,600 Over /Under Estimate -5% 2% 19% 26% 4/23/2014 Agenda Information Memo May 5, 2014 Eagan City Council Meeting CONSENT AGENDA O. Contract 13 -10, 2013 City -Wide Sanitary Sewer Lining Final Payment Action To Be Considered: Approve the final payment for Contract 13 -10 (2013 City -wide Sanitary Sewer Lining) in the amount of $8,604.68 (5% retainage of $172,093.50 contract) to Insituform Technologies USA, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 13 -10 provided for the rehabilitation of public sanitary sewer through lining improvements of about 7,500 linear feet of existing pipe in various areas within the City as was included as part of the Sanitary Sewer Operations and Facilities portion of the Council approved 2013 -2017 Capital Improvement Program (CIP). ➢ The estimated total expenditure, and award of contract, for the lining improvements was $172,094.00. The actual expenditure was $172,093.50. ➢ These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments: (0) Agenda Information Memo May 5, 2014 Eagan City Council Meeting CONSENT AGENDA P. Public Works Week - May 18-14,2014 Action To Be Considered: Proclaim May 18 through May 24, 2014, as Public Works Week, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ National Public Works Week (NPWW) provides for recognition of the tens of thousands of men and women who provide and maintain the infrastructure and public services that establish their communities' quality of life today and plan for vibrant, sustainable futures as the communities reach upward. NPWW recognizes that what we do today is vital to a sustainable and vibrant tomorrow. Public works plays a key role in the planning, building and maintenance of infrastructure projects in their communities that will allow future generations to enjoy a higher quality of life. ➢ Instituted as a public education campaign by the American Public Works Association (APWA) in 1960, NPWW calls attention to the importance of public works in community life. National Public Works Week is observed each year during the third full week of May. Many State Governors and City Councils throughout the nation historically have taken time to help raise the public's awareness of and confidence in public works issues. ➢ APWA has selected "Building for Today, Planning for Tomorrow" as its theme for 2014's National Public Works Week. With the focus on the communities, "building" points out the day -to -day aspect of public works that is quality of life, while "planning" references the sustainable practices that ensure that quality of life for future generations. ➢ This proclamation of Public Works Week in Eagan expresses appreciation of the classic idea of stewardship embodied by the profession of public works and the professionals that practice it. Attachments: (1) CP -1 Proclamation CITY OF EAGAN PROCLAMATION PUBLIC WORKS WEEK May 18 through May 24, 2014 WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, traffic safety and water quality; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skills of all public works professionals; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaim the week of May 18 through May 24, 2014, as Public Works Week and encourages all citizens and civic organizations to acquaint themselves with the various aspects of public works service delivery and to recognize the contributions made by public works professionals every day to our health, safety, comfort, and quality of life. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of May, 2014. Christina M. Scipioni, City Clerk Agenda Information Memo May 5, 2014 Eagan City Council Meeting CONSENT AGENDA Q. Eagan Lakes Appreciation Month - June 2014 Action To Be Considered: Proclaim June 2014 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. Facts: Eagan is blessed with more than 350 lakes and ponds greater than 1 acre that offer abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors. These amenities also can have a positive effect on adjacent property values. ➢ Lakes, ponds, and wetlands are affected by nutrients, such as phosphorus, erosion sediment and various pollutants carried in stormwater and runoff. All of these factors impact aquatic vegetation and the sustainability of wildlife by impairing water quality. Impaired water quality diminishes the positive attributes of these water bodies. ➢ City residents and businesses play essential roles in protecting lakes' aquatic habitat and recreational value by keeping fertilizers, grass clippings and leaves, and other pollutants from entering storm drains that connect to these lakes. ➢ The City Council proclaimed June 2005 as the first Eagan Lakes Appreciation Month to encourage residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. ➢ An annual proclamation of Eagan Lakes Appreciation Month expresses appreciation for these past efforts to protect and improve lake water quality within the City of Eagan for the enjoyment of the residents of the city and region and encourages additional efforts by residents and businesses, such as holding clean -up days at their nearest water body. Attachments: (1) CQ -1 Proclamation CITY OF EAGAN PROCLAMATION EAGAN LAKES APPRECIATION MONTH June 2014 WHEREAS, Eagan has more than 350 lakes and ponds that offer abundant recreational opportunities and aesthetic enjoyment for Eagan residents, employees and visitors; and WHEREAS, Eagan residents and visitors derive numerous recreational opportunities to canoe, fish, and swim in many of these lakes while others enjoy walking and observing wildlife near these water bodies; and WHEREAS, City residents play an essential role in protecting lake aquatic habitats and recreational values by keeping fertilizers, grass clippings and leaves, and other household pollutants from entering storm drains that connect to these lakes; and WHEREAS, in 1990 the City Council adopted a nationally recognized surface water quality management plan, one of the first Minnesota cities to do so, which the City Council upgraded in 2007 with a water quality and wetland management plan to address efficiently and effectively the issues and needs of its surface water resources for the next 10 years; and WHEREAS, in a 2005 scientific survey of Eagan residents, 99 percent said good water quality of City lakes was very or somewhat important, and nearly half said they visited Eagan parks with lakes at least 5 times per year; and WHEREAS, the North American Lake Management Society is encouraging communities nationwide to declare a Lakes Appreciation Month this summer; and WHEREAS, June would be an appropriate month to declare as Eagan Lakes Appreciation Month to encourage residents and businesses to hold clean -up days at their nearest water body; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council hereby proclaims June 2014 as Eagan Lakes Appreciation Month and urges all residents and businesses to do all they can to keep Eagan lakes clean by keeping fertilizers out of storm sewers, by picking up nearby trash, and by protecting these treasured water resources. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk CERTIFICATION I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5t" day of May, 2014. Christina M. Scipioni, City Clerk Agenda Information Memo May 5, 2014 Eagan City Council Meeting CONSENT AGENDA R. Contract 14 -04, TH 55/ TH 149 Traffic Capacity & Safety Improvements Cooperative Construction Agreement Action To Be Considered: Approve a Cooperative Construction Agreement with MnDOT for Contract 14 -04 (TH 55/ TH 149 - Traffic Capacity & Safety Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -04 provides for transportation, safety and capacity improvements to Trunk Highways 55 and 149 between the south intersection of TH 55 and TH 149 and the north intersection of TH 149 and 1 -494 in the City of Eagan. ➢ The City of Eagan successfully submitted federal funding requests for this project and will serve as the lead agency for the improvements in partnership with the Minnesota Department of Transportation. ➢ Since the proposed improvements will be made to trunk highways under the jurisdiction of the Minnesota Department of Transportation, a Cooperative Construction Agreement is needed to identify the roles and responsibilities of each agency. ➢ An agreement between the City of Eagan and MnDOT has been prepared addressing details related the financing, construction, ownership and maintenance responsibilities. ➢ The proposed agreement will be valid upon Council and MnDOT approval only if the City Council awards a contract for the construction of the improvements. Consideration for the award of Contract 14 -04 is tentatively scheduled for the regular Council meeting on June 17, 2014. ➢ The agreement has been reviewed by staff and the City Attorney prior to being forwarded to the Mayor and Clerk for signature. ATTACHMENTS: (1) CR -1 Resolution CITY OF EAGAN RESOLUTION NO. APPROVAL OF COOPERATIVE AGREEMENT T.H. 55 AND T.H. 149 CONSTRUCTION (S.P. 1909 -95 AND S.P. 1917 -44) IT IS RESOLVED that the City of Eagan enter into MnDOT Agreement No. 05273 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the grading, bituminous paving, signals and ADA improvements construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 55 from 1000' north of T.H. 149 to 900' south of Dodd Road and Trunk Highway 149 from T.H. 494 to T.H. 55 within the corporate City limits under State Project Nos. 1909 -95 (T.H. 55 =116) and 1917 -44 (T.H. =001). IT IS FURTHER RESOLVED that the Mayor and the City Clerk are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Eagan at an authorized meeting held on the 5t" day of May, 2014, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this 5th day of May, 2014. Notary Public My Commission Expires Mike Maguire, Mayor Christina M. Scipioni, City Clerk Agenda Information Memo May 5, 2014 Eagan City Council Meeting CONSENT AGENDA S. Ordinance Amendments - City Code Chapters 4 & 7 Action To Be Considered: Authorize the City Attorney to draft Ordinance Amendments to Chapters 4 and 7 of the City Code regarding storm water management. Facts: ➢ The City of Eagan is federally required to obtain a Municipal Separate Storm Sewer System (MS4) permit to manage stormwater within its jurisdiction. This is a requirement of the National Pollutant Discharge Elimination System (NPDES) program of the U.S. Environmental Protection Agency (EPA) for municipalities. ➢ The Minnesota Pollution Control Agency (MPCA), the EPA - delegated authority for the program within Minnesota, issues MS4 general permits to required cities. A city's Stormwater Pollution Prevention Program (SWPPP) is a major element of the permit. ➢ On March 4, 2003, the City Council authorized an application for MPCA's original MS4 permit for cities of Eagan's approximate size. The City reapplied in 2006 because of MS4 permit modifications (May, 2003, Minnesota Court of Appeals decision). The City was covered by this permit from 2006 to August 2013. ➢ The MPCA Citizens Board approved issuance of an updated MS4 General Permit on May 21, 2013. The reissued permit became effective August 1, 2013, and extends to July 31, 2018. The City applied for coverage under this permit in December, 2013, and after a 30 -day public comment period, was extended coverage by the MPCA. ➢ The City has up to 12 months to comply with terms of the permit. To develop a program consistent with the intent of the new permit, Eagan must review /update existing City Ordinances or implement new enforceable ordinances that regulate construction and post - construction storm water management, and illicit discharges, in applicable sections of City Code Chapters 4 and 7. ➢ Amendments to the existing City Code would address the permit requirements and bolster the City's position to protect the public interest and to manage the community's resources. Previous modifications to other relevant chapters in the existing code have already been approved as part of a comprehensive effort to address the SWPPP obligations. ➢ Information about ordinance modifications would be provided in a variety of formats upon City Council adoption. Publication of the information would be completed through a press release and in articles on the City's website, Eagan Business News and E -TV. ATTACHMENTS (0) Agenda Information Memo May 5, 2014 Eagan City Council Meeting CONSENT AGENDA T. Carlson and Quigley Lakes Support Change of Official State Names Action To Be Considered: Approve a letter of support for an initiative by residents who are petitioning to change the official State names of Carlson Lake and Quigley Lake to agree with local references of these lakes. Facts: ➢ According to Minn. Stats. 83A.03, names of Minnesota lakes, streams, places, or other geographic features given by the commissioner of natural resources shall be deemed official and shall be used in all maps, records, documents, and other publications issued by the State or any of its departments and political subdivisions. ➢ The State officially names Lake #19 -0066 as "Quigley Lake" and Lake #19 -0155 as "Carlson Lake." ➢ For many years, official City of Eagan maps, records, documents, and other publications have referred to these same two lakes by names directly opposite to the State names: Lake #19 -0066 is "Carlson Lake;" Lake #19 -0155 is "Quigley Lake." ➢ Minn. Stats. 83A.05 to 83A.07 provides for changing names of water bodies. The defined first step of this process is for fifteen or more legal voters to petition the board of the county in which the lake is located to change the name. ➢ City staff has received a request by Mr. Steve Weston, who has coordinated a petition signed by over 120 Eagan residents, to obtain a letter of support from the City of Eagan for this initiative. Statutes do not require City support of the petition in order for the residents' initiative to proceed to the County. Attachments: (1) CT -1 Location Map R 0 ic t Ln Cf • 4 • �{pr - -_ • 'vm, 1 a All AA JAdx ` ,� even k � i y + _ U'< ° J5 - P'' s a ` ¢ Agenda Information Memo May 5, 2014 Eagan City Council Meeting CONSENT AGENDA U. Eagan Pointe Senior Living L.L.C. ACTION TO BE CONSIDERED: APPROVE Temporary Use Agreement with Eagan Pointe Senior Living, L.L.C. L1, 131 Eagan Pointe Senior Living Addition. FACTS: ➢ Eagan Pointe Senior Living L.L.C. is constructing a 151 -unit senior living facility. ➢ As part of its development, the City entered into a Purchase Agreement with Eagan Pointe Senior Living L.L.C. to acquire approximately 4.3 acres of property adjacent to the proposed development for a possible fire station. ➢ As part of the development of its senior facility, the Developer has requested permission to construct staging and erosion control measures on the property to be sold to the City. The City Engineer and the City Attorney have reviewed the proposal and have prepared a License Agreement for Construction Staging and Erosion Control that would allow for the Developer to use the property to be sold to the City and to have it restored in an acceptable matter upon completion. ATTACHMENTS: (1) CU -1 License Agreement for Construction Staging and Erosion Control LICENSE AGREEMENT FOR CONSTRUCTION STAGING AND EROSION CONTROL This License Agreement ( "Agreement ") is made effective as of they day of p1Z� L- , 2014, by and between the City of Eagan, a Minnesota municipal corporation, ( "City ") and Eagan Pointe Senior Living L.L.C., a Minnesota limited liability company ( "Licensee "). WHEREAS, City is the owner of real property legally described as follows: Lot 1, Block 1, Eagan Pointe Senior Living, according to the recorded plat thereof, Dakota County, Minnesota (`.`Lot 1 "); and WHEREAS, Licensee has requested a license from City to use Lot 1 for construction staging and erosion control in connection with development of adjacent property owned by Licensee and legally described as follows: Lot 2, Block 1, Eagan Pointe Senior Living, according to the recorded plat thereof, Dakota County, Minnesota ( "Lot 2 "); and WHEREAS, City is willing to grant the license to the Licensee, subject to the terms and conditions contained herein; NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee agree as follows: 1. License for Construction Staging and Erosion Control. City hereby grants to Licensee a license to use Lot 1 for the limited purposes of construction staging and erosion control in connection with development of Lot 2. Licensee shall maintain erosion control measures on Lot 1 during construction on Lot 2 and after completion of construction on Lot 2 until authorized by the City Engineer to remove the erosion control measures. 2. Restrictions. Licensee shall use Lot 1 only for the purposes of (i) construction staging and erosion control in connection with development of Lot 2 and (ii) ingress and egress pursuant to that certain Declaration of Driveway Easement dated -3114 , 2014 (the "Driveway Easement "). Licensee shall not invite or permit any person other than Licensee's employees, agents and contractors to enter Lot 1, except as provided in the Driveway Easement. Licensee shall not test or repair any equipment on Lot 1. Licensee shall not transport or store any hazardous materials upon Lot 1 without the prior written consent of the City Engineer. Licensee's employees, agents and contractors shall not camp or loiter on Lot 1. 3. Condition of Property. City makes no warranty or representation to Licensee regarding the condition of Lot 1 or the suitability of Lot 1 for any purpose. Licensee assumes all risks related to Licensee's use of Lot 1. 4. Damage to Pro e�rty. Licensee shall be liable to City for any costs, damages and reasonable attorneys' fees incurred by City as a result of damage or environmental contamination to Lot 1 caused by Licensee or Licensee's employees, agents, contractors, invitees or permitees. 5. Damage to Equipment. Licensee shall be solely responsible for protecting the Licensee's materials, equipment and erosion control measures from theft, damage or destruction. 6. Insurance and Indemnification. Licensee shall maintain property insurance on Licensee's materials and equipment in the amount of the full replacement value, worker's compensation insurance as required by Minnesota law, and comprehensive liability insurance in the minimum amount of $1,000,000.00. Licensee shall provide a copy of the insurance certificates to City contemporaneously with the execution of this Agreement. Licensee shall 2 release, indemnify, defend and hold City and City's officers, employees and agents harmless from any and all claims arising out of or related to the use of Lot 1, or the breach of this Agreement, by Licensee or Licensee's employees, agents, contractors, invitees or permitees. 7. Termination. This Agreement shall automatically terminate upon issuance of a certificate of occupancy for the building constructed on Lot 2. City may terminate this Agreement for cause by giving written notice of termination to Licensee. City may terminate this Agreement without cause by giving 30 days advance written notice of termination to Licensee. 8. Restoration. Immediately after Termination of this Agreement, or as soon as weather permits, Licensee shall re -grade Lot 1 as necessary to bring Lot 1 into compliance with the approved grading plan dated August 13, 2013, with a final revision date of October 1, 2013, and establish vegetative cover for erosion control purposes as required by the City Engineer, all at no cost to the City. 9. Payment of Costs. Licensee shall reimburse City for all costs and expenses incurred by City in connection with preparing, implementing and enforcing this Agreement, including, but not limited to, City's attorneys' fees. 10. Survival of Obligations. Licensee's obligations under this Agreement shall survive the expiration or earlier termination of this Agreement. [Signature page follows] C IN WITNESS WHEREOF, the undersigned have executed this License Agreement. CITY OF EAGAN By: Mike Maguire Date Its: Mayor Attest: Christina M. Scipioni Date Its: City Clerk (SEAL) STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Eagan Pointe Senior Living L.L.C., a Minnesota limited liability company 1 By: ykj AY W0 Date Its: KAWk1-&& The foregoing instrument was acknowledged before me this day of 2014, by Mike Maguire and Christina M. Scipioni, the Mayor and City Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of V1 , 2014, by the u , of the Eagan Pointe Senior Living L.L.C., a Minnesota limited liability company, on behalf of the limited liability company. 4 APPROVED AS TO FORM: By: Eagan City Attorney Date: APPROVED AS TO CONTENT: By: Public Works Department Date: THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147 1h Street, Suite 600 Apple Valley, MN 55124 (952) 432 -3136 RBB: 206 -33917 Agenda Information Memo May 5, 2014, Eagan City Council Meeting CONSENT AGENDA V. Approve Shows License, Off -Site Gambling Permit and Temporary On -Sale Liquor License for the July 4th Funfest and waive the license, permit and rental fees. Actions To Be Considered: 1) Approve a Shows License for the Eagan Funfest Committee and a Temporary On- Sale Liquor License and Off -Site Gambling Permit for the Eagan Lions for the July 4th Funfest. 2) Waive the fees for the Shows License, Temporary On -Sale Liquor License, Special Event Permit, Eagan Community Center rentals and outdoor park area rentals. Facts: ➢ The July 4th Funfest Committee has applied for a Shows License to hold the annual Funfest which features the parade, carnival, street dance, food booths, fireworks and events to be held July 3 and 4 at the Central Park Festival Grounds. ➢ The Eagan Lions Club has applied for a Temporary On -Sale Liquor License for the Fourth of July Celebration, July 3 and 4, 2014. The application form has been submitted and deemed in order by staff. Approval is contingent upon the following conditions: • The Eagan Lions Club must provide a certificate of liquor liability insurance. • All event personnel serving alcohol under the license must receive alcohol server training through the City of Eagan. The training is scheduled for May 19. • A limit of two alcoholic beverages can be served per wristband, per visit to the bartender. ➢ The Eagan Lions Club has also applied for an off -site gambling permit to conduct bingo on July 4, 2014. After review, staff found no reason to deny the permit. Final approval is granted by the Gambling Control Board. ➢ The July 4th Funfest Committee has applied fora Special Event Permit for the annual parade to be held on Yankee Doodle Road and Central Parkway. The Special Event Permit is issued administratively, but the associated permit fees may only be waived by Council. ➢ Total fees requested to be waived include the following: • Shows License Fee: $25 • Temporary On -Sale Liquor License Fee: $150 • Special Event Permit Fees (for staff time related to the parade): $13,975.20 • Eagan Community Center Rental Fees: $1,644 • Outdoor Park Area Rental Fees: $1,296.50 Attachments: (3) CV -1 Letter from the Committee CV -2 Letter from the Lions CV -3 Resolution March 6, 2014 City of Eagan Permits and Licensing Mayor Maguire and the Eagan City Council, Eagan's July 4"' Funfest Committee would like to thank the City of Eagan for their ongoing support of our committee during planning and execution of the annual Funfest community event. Our partnership has allowed the Funfest to become a tradition for Eagan residents and other local surrounding communities. We submit in writing, a formal request to waive fees associated with the Special Event Permit for parade and Shows License for the Funfest event. We additionally request waiver of fees for rental; Central Park Pavilion June 1, 2014 - Candidate Pot Luck, Central Park Festival Grounds, the upper field & Pavilion for the annual event taking place July 3 - 4, 2014, We request fee waivers for ECC Oaks Room use on both July b and July 7, 2014 for the Eagan Funfest Ambassador Coronation. Each request listed has been scheduled with ECC; Park and Recreation and City staff liaisons. Please advise the committee of your decision on these items. If you have additional questions please contact me below. Larry Hilden, Chairman Eagan's July 4th Funfest P.O. Box 22503 Eagan, MN 55122 651- 343 -7965 Email: lhilden @comcast.net Thank you for your attention to this matter, gavva- fl ca, Larry Hilden Chairman, Eagan's July 01 Funfest Committee Eagan City Council, The Eagan Lions are requesting that the $150000 fee for the liquor license we need for the July 4, 2014 celebration be waved. We appreciate that the city council has provided this in the past. We thank you for your time and consideration of this request. Thank You RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR OFF -SITE GAMBLING PERMIT EAGAN LIONS CLUB WHERAS, the Eagan Lions Club has applied for an Off- -Site Gambling Permit to conduct bingo on July 4, 2014; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Off -Site Gambling Permit for the Eagan Lions Club to conduct bingo on July 4, 2014 at 1501 Central Parkway, Eagan. Motion by: Seconded by: Those in favor: Those against: Date: May 5, 2014 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Cleric I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of May, 2014. City Clerk Agenda Information Memo May 5, 2014 Eagan City Council Meeting CONSENT AGENDA W. Approve Telecommunications Lease Amendments Action To Be Considered: Approve Amendments to existing telecommunication lease agreements with Sprint Spectrum Realty Company, L.P., for antenna upgrade installations on designated water reservoir sites and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The City has received applications from Sprint Spectrum Realty Company for the upgrades of wireless communication system antennas on each of the following water reservoir sites: Sperry —1420 Towerview Road Safari — 2091 Royale Drive Deerwood —1683 Skywood Lane Yankee — 680 Yankee Doodle Road Lexington-Diff ley —1100 Diff ley Road ➢ These applications have been reviewed by the City's Engineering Consultant, Radio Communication Consultant, City Attorney's Office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. Attachments: (0) Agenda Information Memo May 5, 2014 Regular City Council Meeting APPOINTMENT OF ADVISORY COMMISSION MEMBERS Action To Be Considered: To appoint members to the City Council's advisory commissions with terms beginning in May 2014. Facts: ➢ Advertising for the Commission vacancies takes place year- round, with an emphasis in recruitment from January — March. This year, the commission vacancies were advertised on the City's website, Experience Eagan newsletter, Facebook, and local access cable television. A notice was also sent to local media the week of February 10, 2014. ➢ The deadline for applications to be considered for appointment in April 2014 was March 21, 2014. ➢ There were 24 applicants this year. Of those 24 applicants, 8 were incumbents who took the option not to interview but participate in a survey about their experiences to date on their respective commissions; 14 were new applicants that attended their scheduled interview with the City Council on April 8, 2014. ➢ Per City Code, each commission may have up to seven (7) regular members. Each commission may also have one alternate member appointed, albeit the alternate appointment is optional and is not required. ➢ The City Council will be asked to vote via ballot, which will be distributed at the meeting. At the request of the Council, the voting will be done by commission in the following order: 1) Advisory Planning Commission; 2) Advisory Parks and Recreation; 3) Airport Relations Commission; and 4) Energy and Environment Advisory Commission. ➢ Per the Council's Guidelines for Commission Appointment Policy, in the event of a stalemate after three rounds of voting on a specific Commission appointment, the Mayor shall have the authority to make the appointment of the specific term that resulted in the stalemate. ➢ The Commissioners appointed tonight will receive a letter from the City, in which they will be invited to participate in a new commission member orientation with their commission staff liaison. Orientation packets will also be provided to new Commissioners. ➢ Rather than duplicating all of the commission applications, the Council is asked to bring their interview binders to the May St" City Council meeting. Attachments: (2) AACM -1 Summary of openings on each Advisory Commission, which can be filled in by the Council as appointments are made AACM -2 Revised summary of applicants' commission preferences based on the preferences voiced during the interviews 2014 City Council Advisory Commission Appointments Advisory Planning Commission (APC) 2 -year Terms 1. 2. 3. (1 -year Alternate: Advisory Parks and Recreation Commission (APrQ 2 -year Terms 1. (1 -year Alternate: Airport Relations Commission (ARC) 2 -year Terms 1. 2. 3. (1 -year Alternate: Energy and Environment Advisory Commission (EEAQ 2 -year Terms 1. 2. 0 0 (1 -year Alternate: ) 2014 Advisory Commission Applicants' Preferences - REVISED *Incumbent on a City Advisory Commission * *Withdrew application due to a new job. * ** Revised preferences per feedback at the interview (open to serving on the ARC as well). * ** *Revised preferences per feedback at the interview (open to serving on the APrC or EEAC). * * ** *Applicant reached his term limit on the APC. He expressed interest in serving as either an alternate on the ARC or as a member of the EEAC. APC APrC ARC EEAC �nri� ire* -1** Daniel Piper* 1 Dan Sagstetter* 1 Thomas Heaney* 1 Patricia Sever 1 Joseph Dierkes 1 2 Luis Salguero 1 2 4 3 Mike Palmer* 1 Aju Kurakkaran 2 1 3 James Soukup 1 2 * ** Matt Dauphinais 1 Marlene Oberste 1 2 Jerry Pottorff 1 2 * * ** Scott Johnson* 1 Chad Stambaugh* 2 4 1 3 Carol Whisnant* 2 3 1 Peter Dugan 1 * * * ** 2 Jeff Spartz 1 Angela Craig 4 2 1 3 W. Dustin Mirick 2 1 John Radmer 2 1 Richard Arneson 3 4 2 1 Greg Oxley 2 1 Jayam Pradhakar Aditya 2 4 3 1 *Incumbent on a City Advisory Commission * *Withdrew application due to a new job. * ** Revised preferences per feedback at the interview (open to serving on the ARC as well). * ** *Revised preferences per feedback at the interview (open to serving on the APrC or EEAC). * * ** *Applicant reached his term limit on the APC. He expressed interest in serving as either an alternate on the ARC or as a member of the EEAC. Agenda Information Memo May 5, 2014 Eagan City Council Meeting 0134Ld :11- 11SLLc7 A. Lot 1, Block 2, Eagan Promenade Easement Vacation Action To Be Considered: Close the public hearing for the vacation of public drainage and utility easements located on Lot 1, Block 2, Eagan Promenade and continue action to coincide with future City Council consideration of the Eagan Promenade 4th Addition final plat and subdivision. Facts: ➢ On March 11, 2014, City staff received a petition from Mr. Joseph Vavrina, HR Green, representing the property owner at 3380 Denmark Avenue, requesting the vacation of an existing drainage and utility easement on Lot 1, Block 2, Eagan Promenade. The parcel is located north of Yankee Doodle Road and east of Denmark Avenue within the Eagan Promenade area in central Eagan. ➢ The purpose of the request is to allow the recording of a final plat and subdivision of Eagan Promenade Addition as a commercial /retail development (Chick- Fil -A). ➢ The request would vacate the existing drainage and utility easement on the property. The vacation of the easement would clean 'up the proposed plat by avoiding any underlying recorded dedications. ➢ Said easement will no longer be needed upon the construction of the Eagan Promenade 4th Addition improvements. The final plat of Eagan Promenade 4th Addition will address and incorporate all necessary public drainage and utility easements on this property. ➢ On April 16, 2014, the approval of the preliminary subdivision for the Eagan Promenade 4th Addition (Chick- Fil -A) was continued indefinitely by the City Council. ➢ This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for Council action to coincide with consideration of Eagan Promenade 4th Addition. Attachments: (2) PHA -1 Location Map PHA -2 Graphic 5 WON-= by A ---------- 6 C. YANKEE-DOODLE RD! 28 MENDOTA HEIGHTS Z uj I lx_ 1-1 t s1-1 DIFFLEY1 RD. LONE OAK RD. lrlm� Fig. 1 3/12/2014 � I I I p Litz n It KO REP a ° °' ~ �gca z ®Z 8 y r Sl tt0ttt��000 go 0. � af3 I tl � I I I p Litz n It KO I�t 4 333553 a ° °' ~ �gca z ®Z 8 tt0ttt��000 a � af3 tl tY r Tarr >r � I I I • — — — .--� — ,tow M.00a 1.00 8 tY r Tarr >r i Ici tO talc IUl IF tG • `�-. __ir_J I o .�trbwrr_3rr I � � g" Agenda Information Memo May 5, 2014 Eagan City Council Meeting PUBLIC HEARING B. Outlot A, Great Oaks & Outlots A & B, The Woodlands North Easement Vacation Action To Be Considered: Close the public hearing for the vacation of public drainage and utility easements located on Outlot A, Great Oaks and Outlots A and B, The Woodlands North, and continue action to coincide with future City Council consideration of the Great Oaks 2nd Addition final plat and subdivision. Facts: ➢ On March 6, 2014, City staff received a petition from Mr. John Anderson, representing Great Oaks 2nd LLC, requesting the vacation of existing drainage and utility easements on Outlot A, Great Oaks and Outlots A and B, The Woodlands North, located south of Yankee Doodle Road and west of Elrene Road in east - central Eagan. ➢ The purpose of the request is to allow the recording of a final plat for the proposed Great Oaks 2nd Addition as a single - family residential development. ➢ The request would vacate the existing drainage and utility easements on the properties. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The final plat of Great Oaks 2nd Addition will address and incorporate all necessary public drainage and utility easements. ➢ The approval of the plat and subdivision for the Great Oaks 2nd Addition is also tentatively scheduled for Council consideration on May 20, 2014. ➢ This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action to coincide with consideration of Great Oaks 2nd Addition. Attachments: (2) PHB -1 Location Map PHB -2 Graphic Em / A MENDOTA HEIGHTS Fig. 1 CITY OF EAGAN Proposed Easement Vacation Location Map City of Eapa Outlot A - Great Oaks, Outlot A & B - The Woodlands North j 3171201 I T� - � vii i �.v i n �� A/ ` A/ 1 f1 A _ I _ m 1 AEJvV I I \7/1� \ULIV L "V I .: - cr r J V V I L -\-J I OAKS DENOTES PROPOSED EASEMENT 1 PROPOSED DESCRIPTION TO VACATE DRAINAGE AND UTILITY EASEMENTS All drainage and utility easements lying over, under and across Outlet A, GREAT OAKS and Outlet A and B, THE WOODLANDS NORTH, according to the recorded plats thereof, Dakota County, Minnesota, as delineated and dedicated on sold plots. + THIS SKETCH DOES NOT PURPORT TO SHOW THE EXISTENCE OR NONEXISTENCE OF ANY ENCROACHMENTS FROM OR ONTO THE HEREON DESCRIBED LAND, EASEMENTS OF RECORD OR UNRECORDED :EASEMENTS WHICH AFFECT SAID LAND OR ANY IMPROVEMENTS TO SAID LAND. Great Oaks Add. - Outlot A nt . - - -. - -- Description Sketch for: The Woodlands North - 0utlots A & B Mark Gergen Agenda Information Memo May 5, 2104, Eagan City Council Meeting NEW BUSINESS A. Planned Development Amendment (Fiesta Cancun) — Tri -Star Management Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow outdoor patio dining in conjunction with a restaurant with an on- sale liquor license upon property located at 4250 Lexington Avenue South, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ At least three votes Facts: ➢ The property was developed in 1986 with a 18,430 sf strip retail center. ➢ In 2013, the City approved a PD Amendment for on -sale liquor in conjunction with a full- service restaurant, Fiesta Cancun. ➢ Fiesta Cancun is now proposing to add outdoor patio dining in the yard area at the south end of the building. ➢ The patio is proposed to be 20' x 50', contains 52 seats, 2 trees, a gas fireplace and gas fire pit. ➢ A 42" decorative railing is proposed to enclose the patio, and access to the patio would be controlled through the principal building. ➢ Because the proposed patio has more than 24 seats, involves on -sale liquor and is located within 200' of residential property, a PD Amendment is required to allow the proposed outdoor patio dining. ➢ An evaluation of the proposal relative to the performance standards in the Code for outdoor dining is included in the staff report. ➢ City Code parking standards are satisfied. Required parking for the building with the proposed patio is 118 stalls, 133 stalls are provided. ➢ Policy considerations include: • Proposed Patio is set back 10' vs. 20' from the Patrick Road right -of -way • Hours of operation — outdoor dining patio shall not be utilized after 10:00 p.m., per APC recommendation • Use of outdoor sound system prohibited, per APC recommendation • With proposed net loss of green space, conditions of approval require patio to be constructed of permeable pavers rather than concrete • Extend landscaping around north side of patio Issues: The City received a few items of public correspondence from neighboring residents expressing concern about the proposal. 60 -Day Agency Action Deadline: ➢ May 18, 2014 Attachments: (5) NBA -1 Location Map NBA -2 Draft April 22, 2014 APC Minutes NBA -3 Staff Report NBA -4 Report Exhibits NBA -5 Correspondence i A; M I® W z z V Ki..; Mi M Emma same ' WHO c a 0 d N <7/[J \D Z M O N pp O O O M O fn N C 6 E U � Y m a a m a U ° CD ® _ ■ ® ',3 ® Q 0 C r o-0 ; Advisory Planning Commission April 22, 2014 Page 2 of 10 IV. PUBLIC HEARING New Business A. Fiesta Cancun Outdoor Dining Applicant Name: Mark Ravich, Lexington Center, LLC c/o Tri- Star Management Location: 4250 Lexington Ave S; Lot 1, Block 1, Eagan Center 1st Addition Application: Planned Development Amendment A Planned Development Amendment to allow outdoor patio dining in conjunction with a restaurant with an on -sale liquor license. File Number: 26- PA- 04 -03 -14 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated April 15, 2014. Kris Ballard, applicant representative, stated she was available for questions. Chair Heaney opened the public hearing. Claudia Danner, 1004 Coneflower Court, stated her, concern for the size of the proposed patio, liquor service on the patio, loss of green space, traffic, and increase in crime, noise and odors, given the proximity to the neighborhood. She'.also stated thather and neighbors have experienced strangers walking through their yards Tom Stoesz, 1001 Coneflower Court,.,shared his concern that the patio would generate additional noise and traffic in the area There being no further public Comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Vanderpoel asked :if:the restaurant intended to have an audio system on the patio. Ms. Ballard stated -'she did not know but assured the commission that if they did, the system would be operated in a way that met all City standards. Member- 'Supina stated -the commission needed to focus on items relevant to the patio request. He said :increased crime and trespassing are concerning but are issues that are separate from the land use request, in his opinion. He stated screening of the patio is important and that he is not in favor of.amplified sound on the patio. The commission discussed ingress /egress to the proposed patio. Member Prashad suggested limiting use of the patio to 10:00 PM. Vice Chair Filipi asked if the parking he noticed on Patrick Road was legal. City Planner stated Patrick Road is a public street and the public can legally park upon it. Secretary Piper asked about what type of patio, if any, would be allowed without a Planned Development Amendment. Advisory Planning Commission April 22, 2014 Page 3 of 10 Planner Dudziak stated that the ordinance requires a Conditional Use Permit or PD Amendment for outdoor dining in excess of 24 seats, involving on -sale liquor, or within 200' of residential property and this site has all three of those circumstances. Vice Chair Filipi stated the landscape buffer could be extended to the east side of the patio to help screen the use from the neighborhood. Vice Chair Filipi moved, Secretary Piper seconded the motion to recommend approval of a Planned Development Amendment to allow outdoor patio dining in conjunction with a restaurant with an on -sale liquor license, subject to the following conditions as amended: 1. The outdoor dining area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the City. 2. The hours of operation of the outdoor dining area shall be restricted to the hours bf operation within the principal restaurant's interior space. In no case shall,the outdoor dining patio be utilized after 10:00 p.m. 3. Use of an outdoor sound system shall be prohibited. 4. The applicant shall be responsible for obtaining a SAC determination and payment of associated fees. 5. Landscaping shall be added along the south and east:sides of the patio outside the fence to provide a screen buffer between the patio and the neighborhood and public right -of -way, as well as for aesthetic reasons. A Landscape Plan shall be provided for staff review and approval and for inclusion in the PD Amendment;Aareement. ! 6. The outdoor patio shall be constructed of permeable pavers rather than concrete to offset decreased green space and -provide additional on -site infiltration of storm water runoff. Details of the paver design and installation! specification shall be submitted with the Building Permit, and shall be subject to review aril approval by City Engineering staff to ensure permeable design and function. Member Supina stated his belief that the buffer needed to provide more screening than buffering City Planner Ridley stated it appeared the landscaping could be wrapped around the patio. He cautioned the Eagan 'Police Dept. would likely want to maintain visibility of the patio for security purposes, so there would need to be a balance achieved. Additionally, he stated the commission and neighbors needed to be cognizant that even with additional screening the patio would not be invisible. The motion maker and seconder agreed to the suggested condition modifications. All voted in favor. Motion carried 7 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 15, 2014 APPLICANT: Tri -Star Management PROPERTY OWNER: Lexington Center, LLC REQUEST: Planned Development Amendment LOCATION: 4250 Lexington Avenue South CASE: 26- PA- 04 -03 -14 HEARING DATE: April 22, 2014 APPLICATION DATE: March 19, 2014 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development K111a 1►I I�7•Z�7 �i:7�� � The applicant is requesting approval of a Planned Development Amendment to allow outdoor patio dining in conjunction with a restaurant with an on -sale liquor license upon property located at 4250 Lexington Avenue South, legally described as Lot 1, Block 1, Eagan Center 1St Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND/HISTORY The property is a component of the 1,100 acre Lexington South Planned Development and was developed in 1986. The massive Lexington South Planned Development was approved in 1976 and spanned from Wescott Road to the north to Cliff Road to the south, generally along either side of Lexington Ave. Uses provided for included single family, twin home, apartments, commercial retail, places of worship and parkland (Northview Park). In 2013, the City approved an on -sale liquor use in conjunction with a full - service restaurant located on the south end of the building. The restaurant recently opened after tenant finish Planning Report — Fiesta Cancun Outdoor Dining April 22, 2014 Page 2 construction over the past several months. The applicant is now requesting to add an outdoor dining patio. EXISTING CONDITIONS The 2.4 acre parcel contains a single 18,430 SF multi- tenant strip retail building and associated parking of 133 stalls. The current tenant mix includes a fitness center, fast casual restaurant, nail salon, professional office and a delivery /take out restaurant. The Fiesta Cancun restaurant is located in the south endcap of the building. The south side of the property abuts the public street of Patrick Road, which provides access to this site and the commercial zoned properties to the south and northeast. The patio is proposed to be located in the existing yard area between the building and Patrick Road, SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal /Site Plan — The proposal is to install a 20' x 50' outdoor dining patio in the yard area on the south side of the building in conjunction with the restaurant. The proposed patio layout consists of 52 seats and includes two trees and a gas fireplace and a gas fire pit. The patio is proposed to be access directly from the building, and also from the sidewalk in front of the building. A 42" decorative railing is proposed to enclose the patio area. Compatibility with Surrounding Area — City Code allows outdoor dining in conjunction with restaurants. A Conditional Use Permit or Planned Development Amendment is required where the outdoor dining area is within 200 feet of residential property, where on -sale liquor is involved, or where seating for more than 24 is proposed. Outdoor dining areas are subject to the following performance standards: Existing Use Zoning Land Use Designation North Retail (Walgreen's) PD - Planned Development RC - Retail Commercial East Single - family residential PD - Planned Development LD - Low Density South Vacant PD - Planned Development O/S - Office /Service West Park (Lexington Diffley Athletic Complex) P - Park P - Parks, Open Space and Recreation EVALUATION OF REQUEST Proposal /Site Plan — The proposal is to install a 20' x 50' outdoor dining patio in the yard area on the south side of the building in conjunction with the restaurant. The proposed patio layout consists of 52 seats and includes two trees and a gas fireplace and a gas fire pit. The patio is proposed to be access directly from the building, and also from the sidewalk in front of the building. A 42" decorative railing is proposed to enclose the patio area. Compatibility with Surrounding Area — City Code allows outdoor dining in conjunction with restaurants. A Conditional Use Permit or Planned Development Amendment is required where the outdoor dining area is within 200 feet of residential property, where on -sale liquor is involved, or where seating for more than 24 is proposed. Outdoor dining areas are subject to the following performance standards: Planning Report — Fiesta Cancun Outdoor Dining April 22, 2014 Page 3 1. No portion of the outdoor dining area shall be located or occur within any public right - of -way, include the sidewalks /trails, boulevard areas or streets. The outdoor patio is proposed to be set back 10' from the Patrick Road right -of way, and approximately 10' from the service drive behind this building. 2. The outdoor dining area shall meet the following setbacks requirements: 20 feet from a public right -of -way, five (S) feet from side lot line, and five (5) feet from rear lot line. The 20' setback from Patrick Road right -of -way is not met, as the patio is proposed to have a 10' setback from the right -of -way. The 10' setback is a deviation from City Code standards, and maybe accommodated within PD zoning. Patrick Road is a public street, and provides access to the commercial properties to the north and south, as well as to Diffley Marketplace to the northeast. The acceptability of this setback deviation is a policy matter to be determined by City officials. The proposed patio does satisfy the 5' setback from the rear lot line. 3. The outdoor dining area shall not interfere with any pedestrian traffic or walkways intended for the general public. A minimum 4 feet wide area shall remain clear for pedestrian traffic on walkways and for entry into the restaurant building and adjacent uses. An outdoor dining area shall not be permitted to be located in or occupy any parking or other areas intended for vehicular traffic. There is an existing sidewalk along the north side of Patrick Road adjacent to the site. A new 4' wide sidewalk is proposed to connect the walkway in front of the building and the proposed patio. 4. The outdoor dining area shall be handicap accessible and not restrict accessibility in other areas inside or outside the restaurant. A Building Permit is required prior to the installation of the patio and accessibility will be verified at that time. 5. The outdoor dining area shall be used subordinate to the principal restaurant building. The proposed patio area is 20' x 50' and is smaller than the indoor restaurant space. 6. The outdoor dining area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the City. Compliance with this standard will be a condition of approval. 7. The hours of operation of an outdoor dining area shall be restricted to the hours of operation within the principal restaurant's interior space. Notwithstanding the Planning Report — Fiesta Cancun Outdoor Dining April 22, 2014 Paze 4 foregoing, the operation of business within an outdoor dining area shall not occur between the hours of 1:00 a.m, and 7:00 a.m. If an outdoor dining area is subject to a conditional use permit or a planned development approval, the city council may be more restrictive in the hours of operation based upon the proximity of the area to residential dwelling units and upon consideration relating to the public health, safety, and welfare of residents, businesses, and other uses near the restaurant establishment. The proposed patio is set back approximately 100' from the residential properties to the east. Retail businesses in the nearby Diffley Marketplace development are restricted to between 6:00 a.m. and 12:00 a.m. (midnight) because of proximity to residential neighbors. Through the Planned Development and due to proximity to residential uses, hours of operation of the outdoor dining patio may be further restricted than what is in the ordinance. The hours of operation of the outdoor dining area should be restricted to the hours of operation within the principal restaurant's interior space. In no case should the outdoor dining patio be utilized after 11:00 p.m. If an outdoor sound system is utilized, City Code states it shall not be operated in a manner in which it is plainly audible at a distance of 50 feet or more, and shall not be used after 10:00 p.m. without a permit. The nearest residential property is approximately 100' from the outdoor dining patio. While that is less than the 200' special use setback, it is a greater distance that the 50' at which sound is measured. Staff has included a condition of approval requiring compliance with City Code. City officials may choose to further limit or prohibit or the use of any outdoor sound system. 8. A fence, constructed of color and material suitable for the intended use, surrounding the outdoor dining area shall be required if the outdoor dining area provides seating for 24 or more persons or alcoholic beverages are served within the outdoor dining area. If a fence is required, a fencing plan shall be submitted with the site plan for the outdoor dining area for review and approval by the City. A 42" decorative railing is proposed to enclose the patio area. A gate will be provided at the north and south ends of the patio. The patio also has direct access to and from the building. 9. If alcoholic beverages are served in the outdoor dining area, the restaurant establishment shall have an on -sale alcohol license that specifically includes and permits the sale or service of alcoholic beverages in the outdoor dining area. All regulations in Chapter 5 of the Code shall apply and compliance shall be met. Planning Report — Fiesta Cancun Outdoor Dining April 22, 2014 Page 5 The restaurant currently has an on -sale liquor license. A modification of the license is not required. However, service of alcoholic beverages outdoors requires the area to be enclosed, with direct access to the patio only from inside the building. The plans show the patio access directly to and from the building. The gates in the surrounding fence should be for exiting only. 10. The outdoor dining area must conform to all Fire and Building Codes related to the number and types of exits that are required. A Building Permit will be required prior to installation of the patio and fireplaces. Compliance with exiting requirements and other Building and Fire Codes will be verified at that time. 11. The parldng regulations related to minimum required spaces for the restaurant establishment, plus one (1) stall for every twelve (12) seats within the outdoor dining area of more than 24 seats, as set forth in this Chapter shall apply and compliance met. Total required parking for the entire building, including the restaurant, is 114 stalls. At one stall for each 12 outdoor seats, for the 52 -seat patio an additional 4 parking stalls are required, bringing total required parking to 118 stalls. The site currently provides 133 stalls. Thus, the required parking standards are met. 12. All sewer availability charges imposed as a result of additional seating in the outdoor dining area shall be paid prior to the operation of any business within the outdoor dining area. The applicant is responsible for submitting the proposal to the Metropolitan Council for a determination of any additional SAC (sewer availability charge) units. Payment of any associated SAC fees shall be made before the patio is opened for use. Landscaping /Tree Preservation — The yard area proposed for the patio currently contains turf grass, a few shrubs, and three trees. This existing landscaping is proposed to be removed and two new trees planted within the patio area. Since the patio is adjacent to a public street and with a reduced setback, landscaping should be added along the south side of the patio outside the fence to provide a buffer between the patio and the public right -of -way, as well as for aesthetic reasons. A Landscape Plan should be provided for staff approval and for inclusion in the PD Amendment Agreement. Green Space — Under current City Code, Commercial zoning districts require a minimum of 30% green space. The purpose of the minimum green space standards is both for its impacts on stormwater runoff as well as aesthetics. The development of this property pre - dates the minimum green space standards. Planning Report — Fiesta Cancun Outdoor Dining April 22, 2014 Paae 6 Current conditions provide 23.8% green space on this lot. It has been the City's practice to evaluate existing non - conforming properties when improvements are proposed, with the goal of achieving no net decrease in green space. The current proposal adds 1,173 sq. ft. of impervious coverage, and does result in a net decrease of green space to 22.7 %. For this reason, the outdoor patio should be constructed of permeable pavers rather than concrete to offset decreased green space and provide additional on -site infiltration of storm water runoff. Details of the paver design and installation specification should be submitted with the Building Permit, and should be subject to review and approval by City Engineering staff to ensure permeable design and function. With the site exceeding City Code standards for parking by 15 stalls, there may also be an opportunity to replace some green space elsewhere on the site by converting some of the parking stalls to green space through the addition or enlargement of parking lot islands. The extent and type of mitigating measures to offset the additional impervious is a policy matter for City Officials. SUMMARY /CONCLUSION The applicant is proposing to add an outdoor dining patio in conjunction with an existing full - service restaurant at 4250 Lexington Avenue. An amendment to the Planned Developent is necessary because the proposed patio exceeds 24 seats, is located within 200' of residential uses, and restaurant service includes the on -sale alcoholic beverages. The proposal largely satisfies the performance standards outlined in the City Code, except for the setback from a public right - of -way which is proposed at 10' rather than 20'. Also, since the proposed patio is less than 200' from residential property, the conditions of approval specify more limited hours of operation. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow outdoor patio dining in conjunction with a restaurant with an on -sale liquor license upon property located at 4250 Lexington Avenue South, legally described as Lot 1, Block 1, Eagan Center 1St Addition. If approved the following conditions shall apply: The outdoor dining area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors, unless a suitable means for such storage has been reviewed and approved by the City. 2. The hours of operation of the outdoor dining area shall be restricted to the hours of operation within the principal restaurant's interior space. In no case shall the outdoor dining patio be utilized after 1 1:00 p.m. 3. Any use of an outdoor sound system shall be subject to City Code standards, including that it may not be plainly audible at a distance of 50 feet or more and shall not be used after 10:00 p.m. Planning Report— Fiesta Cancun Outdoor Dining April 22, 2014 Pafze 7 4. The applicant shall be responsible for obtaining a SAC determination and payment of associated fees. 5. Landscaping shall be added along the south side of the patio outside the fence to provide a buffer between the patio and the public right -of -way, as well as for aesthetic reasons. A Landscape Plan shall be provided for staff review and approval and for inclusion in the PD Amendment Agreement. 6. The outdoor patio shall be constructed of permeable pavers rather than concrete to offset decreased green space and provide additional on -site infiltration of storm water runoff. Details of the paver design and installation specification shall be submitted with the Building Permit, and shall be subject to review and approval by City Engineering staff to ensure permeable design and function. �z a� a� U- C) 0 0 0 0 N a� a> T -0 C C O '- N O N C O N N ._ U 'O C C N (4 N Z O N N (6 p_ O R � E N N N L L M O N M C .Q O O Q c0 Q 0 E L 0 = E a 0 'w G v Q. 0 r U >� � ®et LL 00 a r� E aw Z . o m dz o t U) a�U :3 e 0 �a g Z � •I � II N —nru 'ax ' 011tld HOOOInO NOONtl0 tl1S31A OO66-00 —zo tl1053NNIW 'NtlOtl3 LZbSS tl1053NNIW 'Sll OdtlNIW °3a eon sw n°xni'a05u3uiur o °win � xi"` x'-d 3°I ,vweaxv'x disua3eH s lronU"w uwa l l 1b-0, H005 3ON H1H ON 3nN3Atl OHVOI S£ 4 Q H31N3O NOiDNIX31 10911.40Jy Ie3401d UGA91S a :3 e 0 �a g Z � •I � II N ■ ■ e_ i� ■ I � g 00 � I I �11 6 mMMM 8 1' ELJJ N 1 �x icxe w � N .m� H1aoN 0 °o 'o I o b -�.n 011tld 80001P0 NNONV3 VIS31d OO6Z— OLO —Zl9 tl1053NNIW 'NtlOtl3 Lzass tl10S3NNIW 'SllOdtl3NNIW ox o3d •°vix'aur N � n i» xawuoaas ima sew inu uxn� Aeaaax I l 1#-601{ H1005 3f1N3Atl NOlONI %31 OM H1aON 30N3AV OHV01 S£a Q a31N30 WiDNIX l PauyoJy 191401-4 uenelg o ■ ■ e_ i� ■ I � g 00 � I I �11 6 mMMM 8 1' ELJJ N 1 �x icxe w � N .m� H1aoN 0 °o 'o I o b a �} j\ \ � ; ;; .. :. •! _, ©%' � ® _ ( \ ((� ®\ 10_6010 _ V �(mm / \; j � aKN30 NO1¥xi 4 &nS ; k A a �} j\ \ � ; ;; .. :. •! ( \ ((� };) / \; j � ; k A �eee e a �} j\ K K K O"d NOOQ O Mom d1S3ld �3 ooez— OL9 —ZL4 d' v N N la 'ON VM N � LU r \ Owi awls 3u in sun 3u Mann ia�w�t 'NaswDdfis V1053NNIW - 'N4wJt3 LZ444 VIOS3NNIW 'SnDdY3NNIW M ),,m Y IYI 1 mu ohy �� W M � L t L —SOIL H1f10S 3(1N3AY NOlONIKn. 05Zt� Fll.?lON 3liN3AY OHY01 4£4 ^� SfM U31NRO NOIDNIX31 PO:P4WV JOWL uene� K K K �3 N � LU FAMIlmill "Im"Noll , Lexington Center Shopping Center, Eagan, Minnesota Narratives We are requesting an amendment to the planned unit development covering the Lexington Shopping Center at the intersection of Lexington and Diffley to allow for the addition of an outdoor dining patio to the existing Fiesta Cancun restaurant. We would like to begin construction of the patio as soon as all of the approvals and permits can be obtained. The surrounding land uses consist of primarily commercial uses with residential use behind the property and park areas across the street from the location. Due to the short summer season in Minnesota, outdoor dining is highly sought after by restaurant customers and would be a valuable amenity to Lexington Center and Eagan residents. There is more than adequate parking at the center for the proposed patio addition, and we feel that it will bring some additional traffic to the merchants of the shopping center and the overall commercial area. As Fiesta Cancun is already existing at the center, we do not feel that the addition of the patio will significantly affect traffic in the area, nor will there be any impact on sewer water run off. Overall we believe the addition of the patio for outdoor dining will be a benefit to the public by adding a positive addition to the mix of services provided to the residents of Eagan at this location, as well as generating additional jobs and taxes for the community for many years to come. RECEIVED MAR 19 2W NARRATIVE Pam Dudziak From: Claudia Danner <cdanner@michaelswilder.com> Sent: Wednesday, April 16, 2014 9:52 AM Tee: Pam Dudzialc Subject: Fiesta Cancun Attachments: photo 1.JPG; photo 2.JPG; photo 3JPG; photo 4.JPG; photo S.JPG Hi Pam, Thank you for taking the time to speak with me earlier today. Attached you'll find photos illustrating the items we discussed. I have also briefly recapped below. Based on our conversation the outdoor storage of kegs would violate the city code. We appreciate you bringing this to the attention of the owner. -1 questioned if the amount of parking is adequate for the current amount of seating the restaurant is offering. You stated that it is and would also meet code with the 52 new seats the proposed patio would hold. -1 shared that we have noticed the lot is often full and people are parking on the side of the street causing blind spots and blocking the sidewalk. The photos attached illustrate this. I appreciate you stating that you will talk with the owner about parking their company truck in the lot and encouraging both employees and customers to use the lot as well. - The third photo shows outdoor storage of kegs on the patio. Again, this is now allowed per city code. Thank you, Claudia Danner Claudia Danner Sr. Director of Client Services Direct: 952.232.6396 877.258.8568 / 952.657.7199 Ext:305 Fax: 952.843.2375 Michaels Wilder, Inc. Interactive, Marketing &'Media Services Talent Management Solutions CONFIDENTIALITY NOTICE: This transmission may contain information that is privileged, confidential, legally privileged, and /or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED, Although this transmission and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by Michaels Wilder, Inc., its subsidiaries and affiliates, as applicable, for any loss or damage arising in any way from its use. if you received this transmission in error, please immediately contact the sender or call 623 -334 -0100 and destroy the material in its entirety, whether in electronic or hard copy format. Thank you. Pam Dudziak From: Mike Ridley Sent: Thursday, April 17, 2014 11:10 AM To: Pam Dudziak Cc: Julie Strid Subject: FW: Fiesta Cancun Outdoor Ratio Dining From: Sadie Haugdahl Ln-iAilto'sa-diedahn-@yahoo.com] Sent. Thursday, April 17, 2014 11:05 AM To; APC Subject: Fiesta Cancun Outdoor Patio Dining To Whom It May Concern: We are very excited to have Fiesta Cancun as a new neighbor. We have already been to the restaurant and were very impressed with their food and service. However, when we received the notice that they would like to have outdoor patio dining, we are less than enthused. Living where we live, we already get a lot of noise from Cub Foods and other traffic from nearby retail establishments. Luckily, once it gets dark, the noise tends to die down. We are opposed to outdoor dining at Fiesta Cancun because we do not want to deal with more noise in our neighborhood, particularly in the evening hours. I hope the planning commission takes this concern into consideration. Thank you, Sadie &, Jim 1-laugdahl 1009 Trillium Court Eagan, MN 55123 507-351-7663 sadiedahp(q-),yahoo.com Pam Dudziak From Mike Ridley Sent Friday, April 18,201412I7Pk4 To: Pam Dudziak Cc: ]u|ieSthd Subject: FVV: Fiesta Cancun outdoor patio From. ROMAN MELAMB] [ma 1 Ito: roman melamed@msn.com] Sent: Friday, April 18,2D1412:13PM To;APC Subject: Fiesta Cancun outdoor patio We are unable to attend the APC meeting on 4/22 but would like to express our concerns regarding the Fiesta Cancun's outdoor dining patio plan, We feel this is not a good idea for the following reasons; -Our house as well as many other neighboring houses are in the close proximity of the restaurant. The noise and commotion that is unavoidable in this type of an establishment will be constant and disruptive tothe normal afternoon/evening activities of the neighborhood, it will greatly reduce our ability tVspend time outside and will likely affect the property values. - Eagan Athletic Fields are located just opposite to Fiesta Cancun on the other side of Lexington Avenue. It is common for the children athletes and their families touse the mail that Fiesta Cancun i5 now part oftoget food or drinks. It would be unacceptable to have an outdoor patio serving alcohol right infruntofohi|drenaOd their families. The athletic tournaments are common and invite people from all areas of the Twin Cities and out of state. The Glcoh0l'se[V|DQ, noisy patio would not reflect well on fie image Of City ofEagan. -|tL3common for school children to pass by the area under discussion when they walk to/from school, or'uSt take a dog for a walk after school hours O[ during VacadoDs/vu88keDds.It would be totally unacceptable to have an outdoor alcohol-serving facility right in front of them. |D summary, VVe do support the business development in our area. However, the Fiesta Cancun's outdoor patio proposal is completely unacceptable, We will seek active support from the School District and Eagan Athletic Association should the proposal goes forward. Please fell free to contact us. Roman K1elarned and family. 1OOOConeflnvver[tEagan 612-961-5874 cell Agenda Information Memo May 5, 2014, Eagan City Council Meeting NEW BUSINESS B. 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 595 passenger vehicles, 26 trucks and storage racks at 2905 Lexington Avenue South, subject to the conditions listed in the APC minutes. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The City Council approved a Conditional Use Permit allowing the outdoor storage of 600+ passenger vehicles and storage racks earlier this year. ➢ The present request remains the same save for the addition of 26 rental trucks and an equal reduction of passenger vehicles. 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 1 -35E. ➢ 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 1 -35E. No new building construction is associated with this proposal. Issues: None 60 -Day Agency Action Deadline: Deadline expires May 18, 2014 Attachments: (4) NBB -1 Location Map NBB -2 Draft April 22, 2014 APC minutes NBB -3 Staff Report NBB -4 Report Exhibits • • �v co E.� E 0 n (D U) co C:) co C) 0 C: E c) cu 0 C:) z 0 U) z O a) cu ne 0 <�l z w(1) o LL 0 �2 nj 0 N 00 m LU c 0 g M of a- m a. (D MM M m m MOM MMOMM or, lw om mom mom now MM min min Min Im MOM M M m on Nom mim Min M MA MM mm mm m <�l z Ilili■ Abu Ngo 10, w(1) o LL 0 �2 nj 0 N 00 m LU c 0 g M of a- m a. (D Ilili■ Abu Ngo 10, Advisory Planning Commission April 22, 2014 Page 4 of 10 B. Enterprise Commercial Trucks Applicant Name: Richard Morphew, Spectrum Development Group, LLC Location: 2905 Lexington Ave S; Lot 1, Block 1, Eagandale Center Industrial Park No. 10 Application: Conditional Use Permit A Conditional Use Permit to permit outdoor storage of passenger vehicles, rental trucks and rack storage. File Number: 03- CU- 03 -03 -14 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated April 15, 2014. Applicant Rick Morphew stated he was available for questions. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the public'hearing and turned the discussion back to the Commission. Secretary Piper moved, Member Supina seconded a motion to recommend approval of a Conditional Use Permit to permit outdoor storage of passenger vehicles, rental trucks and rack storage, subject to the following conditions: 1. The Conditional Use Permit shall be Council. days of its approval by the City 2. Outside storage and minimum drive aisle widths shall occur as depicted on the Site Plan received on March 19, 2014. 3. All vehicle storage stalls shall be striped and extension of the opaque architectural wall with gates at the entryto the storage yard shall be completed by July 1, 2014. 4. Vehicles and materials stored outside shall be owned and maintained by an entity with offices located ir;tie principal building. Retail sales of vehicles shall be prohibited. 5. .A demolition permit shall be obtained prior removal of the cold storage building. 6. Lock boxes meeting Eagan Fire Department specifications shall be installed at all fence gate locations by July 1, 2014. 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 all previously issued Conditional Use Permits for Lot 1, Block 1, Eagandale Center Industrial Park # 10. All voted in favor. Motion carried 7 -0. REPORT CITY OF EAGAN REPORT DATE: April 15, 2014 APPLICANT: Spectrum Development, LLC PROPERTY OWNER: Lex Properties, LLC REQUEST: Conditional Use Permit LOCATION: 2905 Lexington Avenue South CASE: 03- CU- 03 -03 -14 HEARING DATE: April 22, 2014 APPLICATION DATE: March 19, 2014 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, rental trucks and rack storage 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 I -35E in the SE % of Section 3. AUTHORITY FOR REVIEW 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: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — Spectrum Development Group April 22, 2014 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 4D, 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 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 (CUP) 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 CUP 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. Late in 2013, the City Council approved a CUP to allow for the outdoor storage of up to 620 passenger vehicles and rack storage. The vehicles to be stored are Enterprise rental cars that have Planning Report — Spectrum Development Group April 22, 2014 Page 3 been taken out of service and sold to vehicle wholesalers. This CUP has yet to be recorded. To accommodate the additional outside storage of rental trucks a new CUP is necessary. If approved, the new CUP would replace all previously approved CUP's. 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 current outdoor storage proposal mirrors the proposal from late last year save for the addition of storage for rental trucks. The end result of the request is outdoor storage for 595 passenger vehicles, 26 assorted trucks and storage racks to be located on the existing paved surface on the north, west and south sides of the building. The applicant is proposing to lease the passenger vehicle and rental truck outside storage lot to Enterprise Leasing Company of Minnesota, LLC (Enterprise). Enterprise will wholesale Existing Use Zoning Land Use Designation 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 I -1, Limited Industrial IND, Limited Industrial West Interstate 35E Right -of -way Right -of -way EVALUATION OF REQUEST Description of Proposal — The current outdoor storage proposal mirrors the proposal from late last year save for the addition of storage for rental trucks. The end result of the request is outdoor storage for 595 passenger vehicles, 26 assorted trucks and storage racks to be located on the existing paved surface on the north, west and south sides of the building. The applicant is proposing to lease the passenger vehicle and rental truck outside storage lot to Enterprise Leasing Company of Minnesota, LLC (Enterprise). Enterprise will wholesale Plamiing Report — Spectrum Development Group April 22, 2014 Page 4 automobiles that have been taken out of car rental service to customers that buy these vehicles in bulls. There will be no retail sales of vehicles to the public at this site. The truck rental will typically be a business to business transaction. Several Enterprise employees will also office within the principal building. The rack storage on the north side of the building is utilized by the tenant in that portion of the building. This was a clarification added when the CUP got to the City Council late last year. 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- rrrile 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 600 vehicles on the south and west side of the building and approximately 26 trucks south 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 Quality — 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. Planning Report — Spectrum Development Group April 22, 2014 Page 5 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. 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 Obli ag tion — 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 from 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. Planning Report — Spectrum Development Group April 22, 2014 Page 6 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. SUMMARY /CONCLUSION The applicant is requesting approval a Conditional Use Permit to allow outdoor storage of 595 passenger vehicles, 26 assorted trucks and storage racks to be located on the existing paved surface on the north, west and south sides of the building. 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 595 passenger vehicles, up to 26 assorted trucks and storage on racking as shown on the Site Plan received March 19, 2014 for property located 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 Site Plan received on March 19, 2014. 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 July 1, 2014. 4. Vehicles and materials stored outside shall be owned and maintained by an entity with offices located in the principal building. Retail sales of vehicles shall be prohibited. 5. A demolition permit shall be obtained prior removal of the cold storage building. 6. Lock boxes meeting Eagan Fire Department specifications shall be installed at all fence gate locations by July 1, 2014. 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 all previously issued Conditional Use Permits for Lot 1, Block 1, Eagandale Center Industrial Park # 10. �Z a) (1) U- 05:, LO M N v c c c o •- a� o N C N U C C p N @ N O Q O � @ O N O E N @ iE O Q V L L E L O U a d (D .r C ._ W `F + .a C ` E u Oc c Z 4j V � � Q. N 5 u i t pig s m it G .- a G �� ___________...___....._. L.___.____.___._.. ________......___....___,. -.__. Hinos 3nN3AV No1oNIX3� 111`` 11 INS t a3 V O � o O/Z Q N iF s I4 p o � lel f rho r o z z o 1 o5�, I A 11 O CUP Narrative for Truck Rental at 2905 Lexington Ave. So. RECEIVED AM 0 7 2014 LEX PROPERTIES, LLC -OWNER SPECTRUM DEVELOPMENT GROUP, LLC - APPLICANT Spectrum Development Group, LLC is respectfully applying for a Conditional Use Permit for the property owned by Lex Properties, LLC. The applicant is proposing to lease office, warehouse and outside storage to Enterprise Leasing Company of Minnesota, LLC for an additional use as a truck leasing location. The tenant will lease 3/4- to 1 -ton pickup trucks and cargo vans as well as straight trucks and stakebed trucks from 16' -26', all specifically equipped for commercial use. The trucks will be parked in the fenced storage area on the south side of the building and take only 4% (26 vehicles) of the spaces currently approved for outdoor vehicle storage. On the average less than half of the 4% (13 vehicles) will be parked in those spaces on any given day since most of the rental fleet will be at client locations. This location will be staffed by local professionals specializing in commercial truck rentals. Business customers will enjoy the convenience of Enterprise Commercial Trucks' consolidated and customized billing. 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, a retail mini storage facility; 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 with a dance studio 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 will occupy offices and warehouse in the main building for Its business purposes. There will be several new employees added to these offices In addition to the Enterprise employees for the Remarketing Division, which has already been approved by the City of Eagan at this location, and at its regional corporate offices located at 2775 Blue Water Road. Enterprise recently committed to extend its lease of its administrative 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 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 Minneapolis -St Paul International Airport and is well positioned for its businesses. 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 can keep the commercial rental trucks secure in the fenced outside storage lot, provide parking for its customers In the front of the building, offer a professionally designed lobby as an entry to the facility and enjoy easy access from and to 1 -35E, 1 -494 and State Highway 55. The section of Lexington Avenue South where this building is located is zoned and guided for commercial use which is the market that Enterprise Commercial Truck leasing is focused on. Please accept this application and grant the conditional use for commercial truck rental at the Gresser Concrete facility. As soon as the conditional use is granted, it is the intention of Enterprise is to occupy the property and move employees into the offices as soon as possible in 2014. Agenda Information Memo May 5, 2014, Eagan City Council Meeting NEW BUSINESS C. Ordinance Amendment — Dynamic Signage Action To Be Considered: To approve (or direct Findings of Fact for Denial) an Ordinance Amendment to Chapter 11, Section 11.70, to modify the message hold time from twenty (20) minutes to one (1) minute for onsite dynamic signage and direct the City Attorney to publish the amendment or summary accordingly. Required Vote For Approval: Majority of Councilmembers present Facts: In October 2007, the City Council adopted an ordinance amendment that provided the parameters for dynamic signage. The adopted ordinance established the minimum hold time required for each dynamic message: a minimum duration of eight (8) seconds for a billboard /off - premise sign and a minimum duration of twenty (20) minutes for on premise signage. Last fall, staff was approached by the Chamber of Commerce and some local businesses regarding the twenty- minute hold time required for on premise dynamic sign messaging. The City Council gave staff direction to review the dynamic sign messaging frequency. ➢ The City Council considered the issue at separate two workshops and reached consensus that a one minute hold time would be appropriate. ➢ The APC held a Public Hearing on April 22, 2014 and they recommended approval of the amendment. Issues: None 60 -Day Agency Action Deadline: N/A Attachments: (3) NBC -1 Draft April 22, 2014 APC minutes NBC -2 Staff Report NBC -3 Draft Amendment Advisory Planning Commission April 22, 2014 Page 5of10 C. Dynamic Signage Applicant Name: City of Eagan Application: Ordinance Amendment An Ordinance Amendment to Chapter 11, Section 11.70, relative to the required hold time for on premise dynamic sign messaging. File Number: 01- OR- 01 -03 -14 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated April 14, 2014. Chair Heaney opened the public hearing. There being no public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission. Member Supina moved, Member Prashad seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11, Section 11.70, allowing a one minute hold time for on premise dynamic sign messaging. Secretary Piper stated he would vote in favor of the amendment because the 20 minute hold time is too long but shared that he finds dynamic signs distracting and would prefer a 2 minute hrilrl times Memb for dyi All vot the allowable display time PLANNING REPORT CITY OF EAGAN REPORT DATE: April 14, 2014 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01- OR- 01 -03 -14 HEARING DATE: April 22, 2014 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Section 11. 70, relative to the required hold time for on premise dynamic sign messaging. BACKGROUND /HISTORY Staff was approached by the Chamber of Commerce and some local businesses regarding the twenty- minute hold time required for on premise dynamic sign messaging. At a City Council Listening Session last year, the Council gave staff direction to review the dynamic sign messaging frequency employed by surrounding communities. That information was gathered (attached) and presented to the City Council at their January 2014 workshop meeting and the variety of hold times from city to city were discussed. Due to the disparity in hold times, the City Council requested staff gather specific industry standards for on premise dynamic messaging. Unfortunately, after scouring the internet and reaching out to sign industry experts, a municipal regulatory standard for on -site signage could not be identified. The only dynamic sign industry standard available pertains to off - premise /billboard dynamic signage. The Council discussed the frequency of message change and arrived at agreement with a message minimum display duration of no more than once per minute. The Council directed staff to initiate this ordinance amendment at their March 18, 2014 regular meeting. Planning Report — Ordinance Amendment April 22, 2014 Page 2 EXISTING CONDITIONS In October 2007, the City Council adopted an ordinance amendment that provided the parameters for dynamic signage. The adopted ordinance established the minimum hold time required for each dynamic message: a minimum duration of eight (8) seconds for a billboard /off- premise sign and a minimum duration of twenty (20) minutes for on premise signage. EVALUATION OF REQUEST The public safety rationale for message duration time is related to driver distraction. For off -site signs, general guidance has been provided by the Federal Highway Administration which suggests an eight second interval for billboard signage is safe. This standard assumes the public is traveling between 55 -70 mph on a highway and is dealing with relatively fewer signs, lane changes and turning movements. Meanwhile, drivers exposed to on premise signage are on local streets traveling at lower speeds or stopped at signal lights, which allows a greater window of time for message recognition. The City Council determined that a twenty minute hold was excessive; however, without an industry standard to consider, their discussion focused on the range of hold times utilized around the metro area. Ultimately, the Council agreed that a one minute hold time would provide a reasonable balance between public safety and business. SUMMARY /CONCLUSION The Chamber of Commerce and some local businesses approached staff regarding their desire to reduce the hold time requirements for on premise dynamic messaging. The City Council reviewed message hold times utilized throughout the metro area and discussed the issue at two of their workshop meetings earlier this year and determined that a one minute hold time would be reasonable given the information available. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Section 11.70, relative to the required hold time for on premise dynamic sign messaging. M i-1 O N r4� U u N v a.o c an UU C (B C 0 Q G U G W U bA C C fII n. V ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBD. 28(K)(3)(b) REGARDING DYNAMIC DISPLAY SIGN MESSAGE DURATION REQUIREMENT; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 11 of the Eagan City Code is hereby amended by revising Section 11.70, subd. 28(K)(3)(b) to read as follows: Subd. 28. Placement, erection and maintenance of signs. K. Dynamic display signs. 3. Dynamic display signs are allowed subject to the following conditions: (b) A dynamic display may not change or move more often than once every 2-0 1 minutes, exeept e for- whie ,.hanges afe neeessafy to , h ,,,. > > or- temperature iafonnaf4e time, any etheF d5qiamie display. A display of time, da4e, or- tempemtur-e must Femai date, of f Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date of Advisory Planning Commission Hearing: April 22, 2014 daki5ta countyregic a: May 1, 2014 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Eagan Dynamic Signage Message Display Duration Dear Honorable Mayor and Councilmembers, As you know Dakota County Regional Chamber of Commerce has encouraged and supported an amendment of the dynamic sign ordinance through an increased frequency rate of something more than once every 20 minutes. Unfortunately as you discuss this issue at your Council meeting on Monday, May 5, 2014, 1 cannot be in attendance as I am traveling out of state due to a prior family commitment; therefore I am submitting a letter of our continued support and appreciation. We very much appreciate the direction that this issue has taken throughout the various discussions and actions by both the City Council and Planning Commission. The proposed amendment of allowing dynamic signs to change once every 60 seconds will enable businesses that use dynamic signs to effectively communicate their services to the community in a timely manner. A lowered change rate for dynamic signs has the potential to benefit the community as a whole, not just businesses. With a change rate of 60 seconds, businesses have the ability to relay more information about its services to the community, increasing community awareness. The increase in communication to the community has the potential to increase business revenue, ultimately increasing sales tax revenue for the city of Eagan. Additionally, a change rate of 60 seconds provides an incentive for new businesses to relocate to Eagan or open up a new location as the ability to inform the community about their presence and services is easier and more effective than with a 20 minute change rate. On behalf of the Eagan business community, thank you for your consideration of this important subject matter. We encourage the adoption of an amendment of a 60- second frequency rate change. Please let me know if you have any questions and we look forward to your favorable decision. Best Regards, Vicki Stute President CC: D.Osberg J. Hohenstein M. Ridley 1121 Town Centre Drive, Suite 102, Eagan, MN 55123 1 651.452.9872 1 www.dcrchamber.com Agenda Information Memo May 5, 2014, Eagan City Council Meeting NEW BUSINESS D. Ordinance Amendment — Accessory Dwelling Unit Action To Be Considered: To approve (or direct Findings of Fact for Denial) an Ordinance Amendment to Chapter 11, Sections 11.60 and 11.70, regarding the provision of Accessory Dwelling Units in detached single family units and direct the City Attorney to publish the amendment or summary accordingly. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ In 2010, the City of Eagan participated in the Opportunity City Program which was a tool developed by the Urban Land Institute (ULI) and Regional Council of Mayors (RCM) for cities interested in receiving assistance in pursuing their goal of supporting a full range of housing choices in suburban cities for a stronger, more prosperous region. A final summery report was provided to the City Council and APC at a joint meeting in March 2011. ➢ Per Council direction, the APC has spent a number of months of Workshop meetings working with staff specifically researching and discussing ADU's. The commission reviewed existing ADU standards ranging from Accessibility to Zoning employed by a number of communities. ➢ Beginning with the stated purpose of ADU's to provide: "Housing choice, efficient use of housing and infrastructure; affordability, better use of underutilized land /oversized homes without subdividing; provide housing for a wider range of individuals and families." the APC came to consensus on a set of parameters to support the addition of an ADU to an existing home either by an interior remodel or building addition. ➢ The APC did not reach consensus on detached ADU's; as such, that option does not exist in the draft amendment language. ➢ The amendment intends for homes with an ADU to be inconspicuous in that any building addition will be required to be designed and maintained to be consistent with the architectural design, style, appearance and character of the primary residence. ➢ Further, the standard building lot coverage requirement (typically 20 %) for the Zoning District in which the ADU is located must continue to be met so as to not alter the general scale and massing when compared to other single family homes in the neighborhood. ➢ The APC held a Public Hearing on April 22, 2014 and they recommended approval of the amendment. Issues: None 60 -Day Agency Action Deadline: N/A Attachments: (3) NBD -1 Draft April 22, 2014 APC minutes NBD -2 Staff Report NBD -3 Draft Amendment Advisory Planning Commission April 22, 2014 Page 6 of 10 D. Accessory Dwelling Unit Applicant Name: City of Eagan Application: Ordinance Amendment An Ordinance Amendment to Chapter 11, Sections 11.60 and 11.70, regarding the provision of Accessory Dwelling Units (ADU) in detached single family units. File Number: 01- OR- 02 -03 -14 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated April 12, 2014. Member Sagstetter stated performance standard #2 should be clarified so the :intention is clear. Discussion between the commission and the City Attorney occurred relative tothe standard and modified language was agreed upon. Member Supina suggested performance standard #9 should be modified to limit the number of residents of an ADU to be "no more than two licensed drivers," since' it seems the intent is to limit the impact to the neighborhood and this wording would limit the number of vehicles. Vice Chair Filipi stated he was not in agreement with Member Supina because the number of occupants, whether they are licensed drivers or not, directly affects the number of vehicle trips generated, and the goal was to insure ADU's would not have a negative impact on a neighborhood. The commission also discussed and agreed to a slight_ modification to performance standard #10. Chair Heaney opened the public There being no public comment, Chair Heaney closed the public hearing and turned the discussion back to the Commission: Secretary Piper moved, Mdph'W'Vanderpoel seconded the motion to recommend approval of an Ordinance Amendment to Chapter 11, Sections 11.60 & 11.70, regarding the provision of Accessory Dwelling Units (ADU) in- detached single family units subject to the modifications to Subd. 32, (C) illustrated below: 2. The property owner, must reside in either the primary residence or the ADU as their permanent residence. The property owner may be absent fteffi the pfepei y for- ° per4ed aet to oo� , 80 >o de*,s bu must reside in the home not less than 1858 eeflseetAiv days per calendaryea"r; and during which period the subject property continues to be the applicant's legal and principal residence. 10. Two off - street parking spaces shall be required for the ADU, in addition to the two off - street parking spaces required for the primary residence. An additional garage may be constructed, provided it opAy sable f,,,,,, the publie street an complies with all state and city regulations All voted in favor. Motion carried 7 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: April 12, 2014 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01- OR- 02 -03 -14 HEARING DATE: April 22, 2014 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Sections 11.60 and 11. 70, regarding the provision of Accessory Dwelling Units (ADU) in detached single family units. BACKGROUND /HISTORY In 2010, the City of Eagan participated in the Opportunity City Program which was a tool developed by the Urban Land Institute (ULI) and Regional Council of Mayors (RCM) for cities interested in receiving assistance in pursuing their goal of supporting a full range of housing choices in suburban cities for a stronger, more prosperous region. During the Opportunity City process, the City Council received information and updates pertaining to Community Change Data, Eagan Housing Audit. Presentations by the ULI team were made to the City Council on September 14, 2010 and January 11, 2011 and to the Advisory Planning Commission (APC) on December 16, 2010. A final summery report was provided to the City Council and APC at a joint meeting in March 2011. Based on Council direction, the APC has spent a number of months of Workshop meetings working with staff specifically researching and discussing ADU's. The commission reviewed existing ADU standards ranging from Accessibility to Zoning employed by a number of communities. Beginning with the stated purpose of ADU's to provide: "Housing choice, efficient use of housing and infrastructure; affordability, better use of underutilized land/oversized homes without subdividing; provide housing for a wider range of individuals and families." the APC Planning Report — Ordinance Amendment April 22, 2014 Page 2 came to consensus on a set of parameters to support the addition of an ADU to an existing home either by an interior remodel or building addition. The APC did not reach consensus on detached ADU's; as such, that option does not exist in the draft amendment language. The outcome of the workshop efforts was shared in general terms with the City Council last year and they directed preparation of this ordinance amendment. EXISTING CONDITIONS ADU's or "mother -in -law" apartments are not presently allowed in R -1 Single Family Zoning District. EVALUATION OF REQUEST As proposed, the amendment intends for homes with an ADU to be inconspicuous in that they will be required to be designed and maintained to be consistent with the architectural design, style, appearance and character of the primary residence. Further, the standard building lot coverage requirement (typically 20 %) for the Zoning District in which the ADU is located must continue to be met so as to not alter the general scale and massing of other single family homes in the neighborhood. The proposed amendment will allow the addition of an ADU provided a number of standards are adhered to. SUMMARY /CONCLUSION The City of Eagan participated in the Opportunity City Program which was a tool developed by the Urban Land Institute (ULI) and Regional Council of Mayors (RCM) for cities interested in receiving assistance in pursuing their goal of supporting a full range of housing choices in suburban cities for a stronger, more prosperous region. Based on information contained in the Community Change Data and the Eagan Housing Audit, the City Council directed staff to work with the APC to "unpack" the components of ADU's. That work was completed over a number of months and the framework for an ordinance amendment to introduce ADU's was established. Subsequently, the City Council directed the preparation of this ordinance amendment. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Sections 11.60 & 11.70, regarding the provision of Accessory Dwelling Units (ADU) in detached single family units. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTIONS 11.60 AND 11.70 REGARDING ACCESSORY DWELLING UNIT REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 11 of the Eagan City Code is hereby amended by adding §11.60, subd. 4(D)(12) to read as follows: (12) Accessory dwelling unit, subject to the regulations thereof as setforth elsewhere in this Chapter. Section 2. Chapter 11 of the Eagan City Code is hereby amended by adding §11.60, subd. 5(D)(12) to read as follows: Subd. 32. Accessory - Dwelling Unit (`ADU '). A. Purpose. The ,,purpose- ot_ this subdivision is to permit and regulate an accessory dwelling unit (ADU) withinv a single- family detached dwelling in R -1 and Estate districts only as`a permitted accessory use subject to the regulations set forth herein. im The minum lot si —ze> in R -1 and Estate zoning districts ensures that additional housing will have less .impact on neighboring properties. Because this use will be located in established =one- family residential districts (single family home neighborhoods), the installation and use of an accessory dwelling unit must be strictly controlled,to avoid adverse physical, social, economic, environmental and aesthetic impacts; By allowing only those accessory dwellings unit that are in complialce witl all of the performance standards of this subdivision, the character and quality of existing neighborhoods will be protected. B. Definitions. For the purpose of this Chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. ACCESSORY DWELLING UNIT ('ADU') means a subordinate habitable dwelling unit, which has its own basic requirements of shelter, heating, cooking and sanitation, added to or created within a single - family dwelling (hereinafter primary residence). C. Performance standards. No property within a single - family residential district shall have more than one dwelling unit, except an ADU may be permitted as accessory use to a single family dwelling when the following requirements are met: 1. The primary residence must be located on a lot within an Estate or R -1 zoning district. 2. The property owner must reside in either the primary, residence or the ADU as their permanent residence. The property owner may be absent from the property for a period not to exceed 180 consecutive days, but must- reside in the home not less than 180 consecutive days per calendar year, and .during which period the subject property continues to be the applicant's legal and principal residence. 3. An ADU may not be subdivided or otherwise segregated in ownership from the primary residence structure. 4. An ADU's total floor area shall be primary residence's footf 4- season habitable room; less than 300 square feet. 5. No ADU shall be exceed with the addii 6. An-ADU shall architectural design, single - family resider. 960 square feet or 33% of the improvements not constituting U's total floor area shall not be e on the lot exceeds, or will parcel. maintained as to be consistent with the ad character of the primary residence as a iot extend beyond the height of the primary 7. An ADU shall be located within or attached to the primary residence and shall not be permitted in structures detached from the primary residence, including, but not limited to, accessory buildings, detached garages, or workshops. 8.. An ADU may be created by the conversion of living space within the primary residence, but not by conversion of garage space unless a new two -car (or larger) garage is I constructed on the lot without the need for a variance and the converted ADU complies with all state and city regulations and codes. 9. The total number of residents in the ADU may not exceed two persons. The ADU shall contain no more than two bedrooms. 10. Two off - street parking spaces shall be required for the ADU, in addition to the two off - street parking spaces required for the primary residence. An additional garage may be constructed, provided only one garage is visible from the public street and complies with all state and city regulations. 11. No more than one ADU shall be permitted on a lot or parcel. 12. If the ADU has an exterior entry door, then it shall not be located on the same building facade as the front entrance door for the primary residence. 13. An ADU shall be constructed and maintained in accordance with all state laws, state building, plumbing, electrical, mechanical, and fire code regulations and City Code requirements. 14. The primary residence and ADU shall be constructed and maintained in compliance with the property maintenance regulations set forth in the City Code. 15. The primary residence and ADU shall be connected to municipal sewer and water, but shall be served by only one :service line fi-om the street to the primary residence. It is unlawful for a property owner to construct or allow occupancy within an ADU that does not comply with all of the foregoing requirement s. D. Registration required. An ADU as permitted in this Chapter shall be registered with the City by filing with the City Clef :a completed registration form provided by City. No ADU'may be occupied ixritil the ADU registration is filed with the City. The ADV, registration shall be in effect for a period of 12 months and shall be renewed annually on a date determined by the City Clerk. Sectioh4i, Summary approved. The City Council hereby determines that the text of the summary marked "official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the; public of the intent and effect of the ordinance. The City Council father .determines that publication of the title and such summary will clearly inform the public of the intent.and effect of the ordinance. Section: --5; Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, entitled "Violation a Misdemeanor "' are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: CITY OF EAGAN City Council By: Mike Maguire Its: Mayor The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on ORDINANCE NO. SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTIONS 11.60 AND 11.70 REGARDING ACCESSORY DWELLING UNIT REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. Chapter 11, regulating the City's land use and zoning, was amended to allow an accessory dwelling unit within Estate and R -1 zoning districts ; as =a pennitted accessory use. Section 11.70 was amended to add performance standards and requirements for an access ory:dwelling unit. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication.