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05/20/2014 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MAY 20, 2014 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNITION of Craig Jensen for 30 years working for the City of Eagan 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. AWARD a contract for refurbishment of a Fire Support Truck, AWARD a contract to replace an existing fire engine and AUTHORIZE the sale of the existing fire engine E. APPROVE a resolution to accept a donation of $1000 from the Eagan Rotary Club for the Fire Department and Police Department and authorize the necessary budget adjustments F. SCHEDULE Public Hearing on June 17, 2014 to consider an amendment to the City's Public Financing Assistance Policy G. SCHEDULE Public Hearing on June 17, 2014 to consider Approval of Minnesota Investment Fund Application and Tax Abatement District for DataBank for property located at 3255 Neil Armstrong Boulevard for Conversion of the Property to a Colocation Data Center H. Item removed I. APPROVE Amended Easement Vacation, Lakeshore Townhomes J. RECEIVE Petition to Vacate Public Drainage & Utility Easement, Lot 21, Block 1 Fawn Ridge, and Schedule Public Hearing for June 17, 2014 K. CANCEL July 8 Special City Council meeting L. APPROVE Off -Sale Liquor License for Keltic Kowboy, LLC, doing business as Black Diamond Liquor, 525 Diffley Road M. DIRECT Preparation of an Ordinance Amendment to City Code Chapter 10.43 relative to false alarm regulations N. APPROVE Temporary On -Sale 3.2 Percent Malt Liquor (Beer) License and waive the license fee for All Saints Lutheran Church's Community Gathering on June 4, 2014 at 3810 Lexington Avenue South 0. APPROVE naming the new neighborhood park in the Cedar Grove area; Bridgeview Park P. APPROVE Plans and Specifications, City Contract No. 14 -13 (2014 Trail & Parking Lot Improvements) and Authorize Advertisement for Bids June 26, 2014 V. PUBLIC HEARINGS A. VARIANCE —Tanya and Alan Kuzner, Homeowners -A Variance of 12' to the minimum 30' structure setback from a public right -of -way for a garage addition located at 1374 Berry Ridge Road B. VARIANCE- Herregan Distributors -A Variance to the building coverage maximum located at 3695 Kennebec Drive C. VARIANCE — Databank Holdings -A Variance of 30' to the minimum 40' building setback from a public right -of -way located at 3255 Neil Armstrong Boulevard VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items scheduled for consideration at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT -7- City of Eagan memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: MAY 16, 2014 SUBJECT: AGENDA INFORMATION FOR MAY 20, 2014 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the May 20, 2014 City Council agenda, the following items are in order for consideration. Agenda Information Memo May 20, 2014 Eagan City Council Meeting RECOGNITIONS A. Retirement of Craig Jensen Action To Be Considered: Recognize Craig Jensen, Streets Maintenance Worker, upon his retirement after over 30 years of service to the City of Eagan. Facts: ➢ Craig Jensen began employment with the City of Eagan on August 29, 1983. He currently has the third longest term of employment within the Transportation Operations Division of Public Works, having celebrated his 30th year in 2013. ➢ For much of his time in this position, Craig has been the City's street sign expert. He has trained himself to have a thorough understanding of the Minnesota Manual of Uniform Traffic Control Devices so that his placement of all street signs within the City is in compliance, protecting the City from litigation. ➢ Craig's winter expertise is snow plowing. His skills in this area will be greatly missed this next winter. ➢ Besides being ever ready to respond to emergencies for Public Works, Craig also was a member of the City's Fire Department from 1980 -2008, serving as the 7th Fire Chief from 1995 -2003. ➢ Craig has served the City admirably 24/7 throughout his career here. ATTACHMENTS (1) R -1 Plaque (To be given at meeting) Agenda Information Memo May 20, 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 May 5, 2014 regular City Council meeting as presented or modified. Attachments: (1) CA -1 May 5, 2014 minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MAY 5, 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 and Hansen. Councilmember Tilley was absent. A regular meeting of the Eagan City Council was held on Monday, May 5, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, and Hansen. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, 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, City Clerk Scipioni and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION Director of Parks & Recreation Johnson recognized Linda Klein, Bob Lane and Kevin Erickson for reaching the 500 hour volunteer milestone at Holz Farm. Johnson noted volunteers from the Friends of the Farm and the Eagan Garden Club contributed over 1600 hours of service to Holz Farm in 2013. The City Council recognized the Friends of the Farm volunteers for their volunteer hours at Holz Farm. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of April 16, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to approve the payment to Chief Scott in full satisfaction and release of all claims regarding his Fire Relief Association Pension. 2. It was recommended to approve the hiring of Jacob Coulson, Patrol Officer. 3. It was recommended to accept the resignation of Detective Brian Gunderson and authorize hiring his replacement. 4. It was recommended to approve the hiring of Logan Anderson, Patrol Officer. 5. It was recommended to approve the promotion of Lori Stefanko, FT Guest Services Specialist. 6. It was recommended to approve the hiring of Jonathan Kemp, Dale Stein and Michael Winters for the position of FT Firefighter. 7. It was recommended to approve the hiring of the Property Maintenance /Code Enforcement Technician. S. It was recommended to accept the resignation of Craig Jensen, Streets Maintenance Worker, and authorize hiring his replacement. City Council Meeting Minutes May 5, 2014 2 page 9. It was recommended to approve the status change of Barbara Normandin, Guest Services Specialist, from 40 hours per week to 24 hours per week. 10. It was recommended to approve the hiring of a Fitness Coordinator at the Eagan Community Center. 11. It was recommended to approve the reclassification of City Hall Clerical Technician from grade 4 to grade 5. 12. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation. C. It was recommended to approve check registers dated April 11, April 18, and April 25, 2014. D. It was recommended to approve the 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. E. It was recommended to approve the Dakota County Joint Powers Agreement for Cost Sharing of the aerial photography for 2014. F. It was recommended to approve a resolution to accept cash and in -kind advertising donations from the following organizations and to authorize the necessary budget adjustments. G. It was recommended to approve 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. H. It was recommended to approve 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. I. It was recommended to approve action to not waive the monetary limits on municipal tort liability. J. It was recommended to approve 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. K. It was recommended to 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. L. It was recommended to approve 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. M. It was recommended to 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. N. It was recommended to 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. 0. It was recommended to 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. P. It was recommended to proclaim May 18 through May 24, 2014 as Public Works Week and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes May 5, 2014 3 page Q. It was recommended to proclaim June 2014 as Eagan Lakes Appreciation Month and authorize the Mayor and City Clerk to execute all related documents. R. It was recommended to 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. S. It was recommended to authorize the City Attorney to draft Ordinance Amendments to Chapters 4 and 7 of the City Code regarding storm water management. T. It was recommended to 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. U. It was recommended to approve a Temporary Use Agreement with Eagan Pointe Senior Living, LLC, L1, 131 Eagan Pointe Senior Living Addition. V. It was recommended to 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 4t" Funfest, and waive the fees for the Shows License, Temporary On -Sale Liquor License, Special Event Permit, Eagan Community Center rentals and outdoor park area rentals. W. It was recommended to approve amendments to existing telecommunications lease agreements with Sprint Spectrum Realty Company, LP, for antenna upgrade installations on designated water reservoir sites and authorize the Mayor and City Clerk to execute all related documents. APPOINTMENT OF ADVISORY COMMISSION MEMBERS City Administrator Osberg introduced the item, noting 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. Councilmember Tilley arrived at 6 :55 p.m. during the process of the advisory commission appointments. The City Council voted via individual ballots on their 2014 advisory commission appointments. The following were approved by unanimous consent by the City Council: Advisory Planning Commission 1. Daniel Piper 2. Dan Sagstetter 3. Tom Heaney 4. Joseph Dierkes (alternate) Advisory Parks and Recreation Commission 1. Mike Palmer 2. Matt Dauphinais (alternate) Airport Relations Commission 1. Chad Stambaugh 2. Carol Whisnant City Council Meeting Minutes May 5, 2014 4 page 3. Scott Johnson 4. Jeff Spartz (alternate) Energy and Environment Advisory Commission 1. Peter Dugan 2. W. Dustin Mirick 3. John Radmer 4. Richard Arneson 5. Greg Oxley 6. Aditya Jayam Prabhakar (alternate) Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the appointments to the advisory commissions with terms beginning in May 2014. Aye: 5 Nay: 0 PUBLIC HEARINGS LOT 1, BLOCK 2, EAGAN PROMENADE EASEMENT VACATION City Administrator Osberg noted on March 11, 2014, City staff received a petition requesting the vacation of an existing drainage and utility easement on Lot 1, Block 2, Eagan Promenade. 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. Osberg noted this vacation request has been reviewed by the Public Works staff and found to be in order for Council action to coincide with consideration of Eagan Promenade 4th Addition. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Hansen moved, Councilmember Fields seconded a motion to 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. Aye: 4 Nay: 0 OUTLOT A, GREAT OAKS & OUTLOTS A & B, THE WOODLANDS NORTH EASEMENT VACATION City Administrator Osberg noted on March 6, 2014, City staff received a petition requesting the vacation of existing drainage and utility easements on Outlot A, Great Oaks and Outlots A and B, the Woodlands North. The approval of the plat and subdivision for the Great Oaks 2nd Addition is tentatively scheduled for Council consideration on May 20, 2014. Director of Public Works Matthys gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes May 5, 2014 5 page Councilmember Bakken moved, Councilmember Fields seconded a motion to 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. Aye: 4 Nay: 0 OLD BUSINESS There were no old business items to be heard. NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT (FIESTA CANCUN) — TRI STAR MANAGEMENT City Administrator Osberg introduced the item noting the property was developed in 1986 with a 18,430 sf strip retail center. In 2013, the City approved a Planned Development Amendment for on -sale liquor in conjunction with a full- service restaurant, Fiesta Cancun. Osberg noted Fiesta Cancun is now proposing to add outdoor patio dining in the yard area at the south end of the building. City Planner Ridley gave a staff report. Kris Ballard, applicant representative, was available for questions. Mayor Maguire opened the public comment. Claudia Danner, 1004 Coneflower Court, addressed the Council with her concerns for the size of the proposed patio, liquor service on the patio, noise and odors, given the proximity to the neighborhood. There being no further public comment, Mayor Maguire turned the discussion back to the Council. The Council discussed the planned development amendment stating their concerns with the size and location of the patio. Mayor Maguire also suggested Ms. Ballard, the architect and the restaurant owner meet with City staff to look at patio size and the possibility of an alternative patio location. After further discussion it was the consensus of the Council to continue the item to the June 3, 2014 City Council meeting. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the 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 to the June 3, 2014 City Council meeting. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT — SPECTRUM DEVELOPMENT GROUP City Administrator Osberg introduced the item noting the 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. City Planner Ridley gave a staff report. Mayor Maguire opened the public comment. There being no public comment, Mayor Maguire turned the discussion back to the Council. City Council Meeting Minutes May 5, 2014 6 page Councilmember Fields moved, Councilmember Hansen seconded a motion to approve 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 following conditions: Aye: 5 Nay: 0 1. 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 removed 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. ORDINANCE AMENDMENT— DYNAMIC SIGNAGE City Administrator Osberg introduced the item noting the Council considered the issue at two separate workshops and reached consensus that a one minute hold time would be appropriate. The Advisory Planning Commission held a public hearing on April 22, 2014 and they recommended approval of the amendment. City Planner Ridley gave a staff report. Mayor Maguire opened the public comment. There being no public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to approve 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. Aye: 5 Nay: 0 ORDINANCE AMENDMENT — ACCESSORY DWELLING UNIT City Administrator Osberg introduced the item noting in 2010, the City of Eagan participated in the Opportunity City Program which was a tool developed by the Urban Land Institute and Regional Council of Mayors 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. Osberg noted before the Council is consideration of the Ordinance. City Planner Ridley gave a staff report. The Council discussed the ordinance amendment. Mayor Maguire opened the public comment. There being no public comment, Mayor Maguire turned the discussion back to the Council. City Council Meeting Minutes May 5, 2014 7 page Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an Ordinance Amendment to Chapter 11, Section 11.60, regarding the provision of Accessory Dwelling Units in detached single family units and direct the City Attorney to publish the summary accordingly. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Councilmember Hansen noted at the Metro Cities annual meeting he was elected to the Board of Directors effective July 1, 2014. DIRECTOR OF PUBLIC WORKS Director of Public Works Matthys noted the Draft 5 -Year CIP was handed out for the Councils review, in anticipation of the City Council Workshop on May 13th. Matthys noted Public Works week is May 18 -24. DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community Development Hohenstein noted Simon /Paragon hired a General Manager and are staffing up locally holding a job fair on June 6th 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 8:16 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo May 20, 2014 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Approve the hiring of Nathan Voye, FT Firefighter with Eagan Fire Department Facts: ➢ This position was created using a 2 year SAFER federal grant that the City was awarded in November 2013. Attachments: (0) Item 2 Action to be Considered: Approve the hiring of the Central Maintenance Facility PT Clerical Technician IV "to be named ". Facts: ➢ City Council previously approved to fill the position on January 21, 2014. Attachments: (0) Item 3 Action to be Considered: Approve the hiring of Robin Pollard, Temporary Clerical Technician in Community Development. Facts: ➢ The addition of this temporary position was approved in the 2014 Community Development budget. Attachments: (0) Item 4 Action to be Considered: Accept the resignation of Police Officer Scott Heath and authorize hiring his replacement. Facts: ➢ Officer Heath submitted his resignation effective May 31, 2014. ➢ He is retiring after 26 years of service. Attachments: (0) Item 5 Action to be Considered: Approve the hiring of Seasonal Employees in Parks & Recreation: Name Division Job Title Schulte, Connor Cascade Bay Coordinator Cairo, Kevin Cascade Bay Deck Coordinator Engebretson, Hanna Cascade Bay Deck Coordinator Johnson, Hailey Cascade Bay Deck Coordinator Leander, Martha Cascade Bay Guest Relations Coordinator Morse, Sara Forestry Landscape Crew Moulton, Derek Forestry Landscape Crew Ross, Samuel Forestry Landscape Crew Goebel, Jennifer Forestry Tree Inspector Kunik, Neal Parks Ballfield Attendant Schuetz, Nicholas Parks Ballfield Attendant Galatowitsch, Nikki Parks Park Attendant Lemay, Richard Parks Park Attendant Richard, Walt Parks Park Attendant Pederstuen, Tyler Parks Park Laborer Sather, Luke Parks Park Laborer Selvestra, Drew Parks Park Laborer Hemmingson, Mike Parks Park Operations Assistant Sarne, Anthony Parks Park Attendant Parks & Larson, Bradi Recreation Recreation Leader Bolks, Joshua Streets Seasonal Street Maintenance Informatives: Code Enforcement /Property Maintenance Technician named: Brian Tonnancour ➢ City Council approved hiring for this position on May 5, 2014. Agenda Information Memo May 20, 2014 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated May 2 and May 9, 2014 as presented. Attachments: (2) CC -1 Check register dated May 2, 2014 CC -2 Check register dated May 9, 2014 Agenda Information Memo May 20, 2014, Eagan City Council Meeting CONSENT AGENDA D. Award a Contract for Refurbishment of a Fire Support Truck, Award a Contract to Replace and Existing Fire Engine and Authorize the Sale of the Existing Fire Engine. Action To Be Considered: To AWARD a contract for refurbishment of a Fire Support Truck, AWARD a contract to replace an existing fire engine and AUTHORIZE the sale of the existing fire engine. Facts: ➢ In the 2013 CIP Budget the Fire Department was authorized to replace our 1995 fire support truck (unit 1203) which provides breathing air, drinking water and support for emergency responder's staff at large incidents. The estimated cost for the proposed replacement truck was estimated at $400,000 and would be paid for from the Fire Apparatus fund. ➢ Fire Staff is now recommending that unit 1203 be refurbished vs. replaced and continued to be used for at least ten more years. Refurbishment will be over $300,000 less than replacement and will provide the same outcome. ➢ The department is also recommending moving up the replacement of a 1993 fire engine that is currently slatted for replacement in 2015 for an estimated cost of $600,000. ➢ The fire department can address both of these vehicles for the already approved 2013 CIP amount of $400,000 and remove a $600,000 request from the Fire Apparatus Fund. ➢ Refurbishment of 1203 Quotes: o There quotes where received for the refurbishment of unit 1203. The lowest bidder was Red Power Diesel from Apple Valley. Red Power has since retracted their bid due to their ability to perform the work in a timely manner. o The next lowest bid was provided by Custom Fire from Osceola Wisconsin for the amount of $89,303. Custom was built several fire trucks for Eagan and also recently built the Eagan Police Departments SWAT truck o We are recommending that the refurbishment of unit 1203 be awarded to Custom Fire for the amount of $89,303. ➢ The Fire Department is proposing to purchase a "Mini Pumper" to replace Unit 1226. A "Mini Pumper" is a fire engine that is built on a pick -up style chassis vs. a heavy duty truck chassis. This method is much less expensive than a traditional fire engine to purchase and operate. It works well for a smaller sized crew such as Eagan's Duty Crew during the day and Dorm Crew at night. The small crews drive a pick -up style fire engine vs. a semi -truck style fire engine. ➢ We are proposing purchasing this mini pumper from Custom Fire for $264,999.15 through the Houston - Galveston Area Council (HGAC) purchasing procurement that council authorized joining in 2013. This price includes the $2,000 fee for using the HGAC process, loose equipment for the truck and a discount of $6,308 for prepaying the truck. ➢ We are also asking for authorization to declare the current unit 1226, the 1993 fire engine, surplus and authorize its sale via sealed bid process through the League of Minnesota Cities Market Place. The value of this existing truck is estimated between $40,000 - $50,000. ➢ Summary: • Original proposal for expenditures to replace Units 1203 and 1226: ■ $1,000,000 • Revised proposal for refurbishment of 1203 and replacement of 1226 with a "Mini Pumper ": ■ $354,302.15 o Total savings from Fire Apparatus Fund: ■ $645,697.85 Attachments: (0) Agenda Information Memo May 20, 2014, Eagan City Council Meeting CONSENT AGENDA E. Approve A Resolution To Accept A Donation of $1000 From The Eagan Rotary Club for the Fire Department and Police Department And Authorize the Necessary Budget. Adjustments Action To Be Considered: To approve a Resolution to accept a donation of $1,000 from the Eagan Rotary Club for the Fire Department and Police Department and authorize the necessary budget adjustment. Facts: ➢ Each year the Eagan Rotary Club Honors one Police Officer and one Firefighter as their "Outstanding Public Safety Officer Award ". ➢ This year Police Detective Stephanie Bolks and Fire Captain Jeremy Grandstrand were honored with this award from the Rotary Club. ➢ As part of this program, the Rotary Club makes a donation of $500 to each department. ➢ The attached resolution authorizes each department to accept the donation and adjust their 2014 operating budgets to use the donations within our operating budgets. Attachments: (1) CE -1 Resolution EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on May 20th, 2014, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, The Eagan Rotary Club has offered to donate $1,000 for use by the City of Eagan Fire Department and Police Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Rotary Club for the gracious and generous donation. ADOPTED this 20th day of May, 2014 Mike Maguire, Mayor ATTEST: Christina Scipioni, City Cleric The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Information Memo May 20, 2014, Eagan City Council Meeting CONSENT AGENDA F. Schedule Public Hearing for consideration of amendment to City Business Assistance Policy regarding Tax Abatement Action To Be Considered: To schedule a Public Hearing on June 17, 2014 to consider an amendment to the City of Eagan Business Assistance Policy regarding the use of Tax Abatement for specific purposes. Facts: ➢ The City of Eagan considers applications for public financing assistance for property or business development through its Business Assistance Policy and application process. The policy was updated most recently in August, 2012. ➢ As one of its 2014 Priorities, the City Council included an intention to "reform the City's Financial Assistance Policy to enhance the City's flexibility and ability to pursue City priorities and amenities ". ➢ One of the few business financing tools the City's policy has not included to date is Tax Abatement. At its meeting of May 7, 2014, the City Council Finance Committee reviewed the policy and recommended that the City Council consider an amendment of the policy to permit the City the flexibility to consider tax abatement for the attraction of a colocation data center, attraction of a carrier neutral carrier hotel and redevelopment and revitalization projects, under certain circumstances. ➢ A colocation facility and carrier hotel are among the City's previously stated priorities and there may be redevelopment and revitalization proposals in the future that the Council determines to meet public policy priorities to justify a level of support that do not meet the statutory qualifications for tax increment financing or other financing tools. ➢ In order to consider an amendment of the policy, it is necessary to hold a public hearing in regard to the proposed changes. Attachments: (0) Agenda Information Memo May 20, 2014, Eagan City Council Meeting CONSENT AGENDA G. Schedule Public Hearing for consideration of public financing assistance to DataBank LLC for the conversion of property located at 3255 Neil Armstrong Boulevard to a colocation data center Action To Be Considered: To schedule a Public Hearing on June 17, 2014 to consider approval of public financing assistance to DataBank LLC for the development of a colocation data center at 3255 Neil Armstrong Boulevard, including an application for a Minnesota Department of Employment and Economic Development Minnesota Investment Fund forgivable loan and a Tax Abatement District for the City portion of new property taxes generated by investments associated with the project. Facts: ➢ DataBank LLC has submitted a Business Financing Application to the City of Eagan for consideration of actions pertaining to a $150,000 forgivable loan from the DEED Minnesota Investment Fund, a $270,000 grant from the DEED Jobs Creation Fund and the formation of a twenty year Tax Abatement District for financing assistance from the City portion of new property taxes associates with the company's prospective improvements to property at 3255 Neil Armstrong Boulevard. ➢ In order to consider the MIF funding and the Tax Abatement District, it is necessary to hold a public hearing. It is not necessary to hold a public hearing for a city's action on a Job Creation Fund application, but it would be appropriate to schedule consider all applications at the same time. ➢ The application for consideration of a Tax Abatement District is dependent upon the amendment of the City's Business Assistance Policy, the hearing for which is also scheduled on June 17, 2014. ➢ At its meeting of May 7, 2014, the City Council Finance Committee recommended approval of the application for three forms of assistance indicated on the basis that the Council has a stated goal of attracting a colocation data center and further that the City is supportive of the development of a carrier - neutral carrier hotel to provide greater broadband opportunities for Eagan businesses and to provide regional redundancy and capacity for shared carrier switching and fiber routing alternatives. Attachments: (1) CG -1 Location Map C)f i 3NVl HVNnl w�, d f ti p g > 0 z N a 0 a0 tl19Wn100 � SONtll000M 110 O S O N K 7 N K 0 XV0 3 O1 r O lB JO Lb v+ i d Q Z Q .O - c -- — — - - -- -- - .:,3AVN019NIX3�) N � Q Z tt 2 � Q w cb > v 3 d a o � o ra. a 0 3AV 30tlN3WOad o � i K z 3 � z a 00 a31N30 3AVAHV O W. �Z D AIR 31WINVEN3 �\ Q r 3AV�IaVWN30 � 3AVNaVWN N "S LL° 0 c M O N O w a c c 'o J e $ Y m o a J C J ® CL � = v m CL W O L r� > Z w s+ 0 LO LO v 7M' C—e 0 � 0O V . N .Q N m N o as � C)f i 3NVl HVNnl w�, d f ti p g > 0 z N a 0 a0 tl19Wn100 � SONtll000M 110 O S O N K 7 N K 0 XV0 3 O1 r O lB JO Lb v+ i d Q Z Q .O - c -- — — - - -- -- - .:,3AVN019NIX3�) N � Q Z tt 2 � Q w cb > v 3 d a o � o ra. a 0 3AV 30tlN3WOad o � i K z 3 � z a 00 a31N30 3AVAHV O W. �Z D AIR 31WINVEN3 �\ Q r 3AV�IaVWN30 � 3AVNaVWN N "S LL° 0 0 N M O N O w a c c 'o U a $ Y m o a m a y AMR J ® r 0 o LO C)f i 3NVl HVNnl w�, d f ti p g > 0 z N a 0 a0 tl19Wn100 � SONtll000M 110 O S O N K 7 N K 0 XV0 3 O1 r O lB JO Lb v+ i d Q Z Q .O - c -- — — - - -- -- - .:,3AVN019NIX3�) N � Q Z tt 2 � Q w cb > v 3 d a o � o ra. a 0 3AV 30tlN3WOad o � i K z 3 � z a 00 a31N30 3AVAHV O W. �Z D AIR 31WINVEN3 �\ Q r 3AV�IaVWN30 � 3AVNaVWN N "S Agenda Information Memo May 20, 2014 Eagan City Council Meeting CONSENT AGENDA Authorize Amendment to Easement Vacation Action To Be Considered: Approve an amendment to the resolution vacating a public ponding easement located on property in the East % of the West % of Section 10, Township 27, Range 23, now described as the LeMay Lake Family Townhomes Addition (aka Lakeshore Townhomes), and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On July 16, 2013, the Council passed a resolution vacating a public ponding easement located on property in the East %Z of the West %Z of Section 10, Township 27, Range 23, since platted as the LeMay Lake Family Townhomes Addition. ➢ The ponding easement vacation resolution was filed with the Dakota County Registrar of Titles on July 29, 2013. ➢ The ponding easement vacation resolution legally described the location of the ponding easement, but inadvertently did not include the date that the original ponding easement was filed or the recorded Document Number. ➢ The County Recorder's office requires that the resolution be amended to include the filing information for the original easement. ➢ The amendment has been prepared, reviewed by the City Attorney, and is in order for Council approval. ATTACHMENTS (1) CI -1 Amendment to Resolution Amendment to Resolution City of Eagan WHEREAS, this amendment is presented to the City Council of the City of Eagan, Dakota County, Minnesota (the "Council ") on May 20, 2014, and WHEREAS, on July 16, 2013, the Council passed a resolution vacating a public ponding easement located within the LeMay Lake Family Townhomes Addition (the "Ponding Easement Vacation Resolution "); and WHEREAS, the Ponding Easement Vacation Resolution was filed with the Dakota County Registrar of Titles on July 29, 2013, as Document No. T720034, and WHEREAS, the Ponding Easement Vacation Resolution legally described the location of the ponding easement but did not include the date that the original ponding easement being vacated was filed or the filing Document Number; NOW THEREFORE, the Council amends the Ponding Easement Vacation Resolution by replacing the last paragraph of the Ponding Easement Vacation Resolution with the following paragraph: "NOW THEREFORE, it was resolved that the public ponding easement filed with the Dakota County Recorder on July 28, 1970 as Document No. 374875(A) and lying over and across the following described property is hereby vacated:" Commencing at the center of Section 10, Township 27, Range 23, thence North 238,02 feet, thence 'west 417,38 Beet, thence North and parallel with the North and South 0anter line of said Section, 1077.30 feet to the North line of the South Half of the Northwest Quarter of Section 10, thence West 667.82 feet, thence South 750.5 feet, thence West 48.4 feet, thence loud, 440 feet to the center of a Township Road, thence Past along the center of said toad 1ti3A feet, thence South 116.6 feet 'to. in point on the East and West center line of the said Section 10 and 964 feet West Hof said venter of Sectlan 10, thence South 1315.1 foot to the South line of the North Half of the Southwest ,Quarter of said 8oetion 10, thence East 050 feet to the Southeast corner of the Northeast Quarter of the Southwest Quarter of said 'Section 10, then North 1315.4 feet to the point of beginning, except that pert taken for S.T.H. No. 355, according to Government Survey thereof and except that part lying soutiaissterly of S.T.H. 35E, and Commencing at a point an the North line of the Southwest Quarter of Section 10; Township 27, Range 23, said point tieing 950 feet West of the Northeast corner of said Southwest Quarter, thence South and parallel with the East line of said Southwest [wafter 411.5 feet, thence `freest 330 feet, thence North 528 feet; thence last along the center of tho road 330 feet, thence South 115.5 feet to the place of beginnings, according to the Government Survey_ thereat. CITY OF EAGAN CITY COUNCIL By: Motion made by: Its Mayor Seconded by: Those in favor: Attest: Those against: Its Clerk Dated: 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 20, 2014 Eagan City Council Meeting CONSENT AGENDA J. Lot 21, Block 1, Fawn Ridge Easement Vacation Action To Be Considered: Receive the petition to vacate a portion of a public drainage and utility easement on Lot 21, Block 1, Fawn Ridge, and schedule a public hearing to be held on June 17, 2014. Facts: ➢ On May 7, 2014, City staff received a petition from Mr. Dan Verdeja, the property owner at 4477 Fawn Ridge Trail, requesting the vacation of a portion of an existing public drainage and utility easement on Lot 21, Block 1, Fawn Ridge. The parcel is located north of Cliff Road and east of Lexington Avenue in southeast Eagan. ➢ The purpose of the request is to allow the homeowner to build a 14 foot by 14 foot deck which would run into the existing easement. ➢ The request would vacate a portion of the existing drainage and utility easement on the property. The vacation of the portion of the easement would allow the proposed deck to be built. ➢ The drainage and utility easement was dedicated as part of the original plat, Fawn Ridge, to address storm water ponding of the drainage for the single- family development. The portion of the easement requested for vacation on said parcel is outside of the area impacted by a 1% storm event, including the preferred freeboard, and is accordingly not required for public purposes. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the public hearing. Attachments: (2) CJ -1 Location Map CJ -2 Legal Description Graphic ❑ a � d 47 Q N Q OD o a� a o � a��4� Qa � ED `p� b a q� � a q �s Q da ae o Ej J Easement OC Vacation Location �Qa �a a � � � q ❑ � a ° qfl oED � Cliff Rod � Proposed Easemant Vacation Location Map Fig. 1 4477 Fawn Ridge Trail City of Evan Lot 21, Block 1, Fawn Ridge 05 -20 -14 FAWN RIDGE TR. # 4477 2.0, Proposed Deck I 903.5 \ \ \ 902 _ Proposed area \ J) �90 to be vacated Lot 21 Block 1;'Fawn I idge-\ add. LO 8 M I 1 1 HWL 8945��` \ I \ V� > Description of easement to be vacated: Beginning at the most westerly corner of Lot 21, Block 1, Fawn Ridge, Dakota County, Minnesota,thence Northeasterly along the Northwesterly line of said Lot 21 a distance of 138.55 feet to the point of beginning, thence South 2 degrees 22 minutes 22 seconds a distance of 25.00 feet, thence North 32' 24' 23" West to the Northwesterly line of said Lot 21 and there terminating. Excepting the Northwesterly 5.0 feet of Lot 21. 5/12/2014 a City of Ea 8ll Proposed Easement Vacation Fig. 2 4477 Fawn Ridge Tr. Engineering Division I 14' I 2.0, Proposed Deck I 903.5 \ \ \ 902 _ Proposed area \ J) �90 to be vacated Lot 21 Block 1;'Fawn I idge-\ add. LO 8 M I 1 1 HWL 8945��` \ I \ V� > Description of easement to be vacated: Beginning at the most westerly corner of Lot 21, Block 1, Fawn Ridge, Dakota County, Minnesota,thence Northeasterly along the Northwesterly line of said Lot 21 a distance of 138.55 feet to the point of beginning, thence South 2 degrees 22 minutes 22 seconds a distance of 25.00 feet, thence North 32' 24' 23" West to the Northwesterly line of said Lot 21 and there terminating. Excepting the Northwesterly 5.0 feet of Lot 21. 5/12/2014 a City of Ea 8ll Proposed Easement Vacation Fig. 2 4477 Fawn Ridge Tr. Engineering Division Agenda Information Memo May 20, 2014, Eagan City Council Meeting W10 WX►11_T ► D K. Cancel the July 8 Special City Council meeting Action To Be Considered: To Cancel the July 8 Special City Council meeting. Facts: ➢ Per the direction of the City Council at the May 5, 2014 Listening Session, it is proposed that the July 8, 2014 Special City Council meeting be canceled. Attachments: (0) Agenda Information Memo May 20, 2014, Eagan City Council Meeting CONSENT AGENDA L. Approve Off -Sale Liquor License for Keltic Kowboy, LLC doing business as Black Diamond Liquors, 525 Diff ley Road. Action To Be Considered: To approve an off -sale liquor license for Keltic Kowboy, LLC doing business as Black Diamond Liquors located at 525 Diffley Road. Facts: ➢ Beau Steuart and Shea Sajevic, partners of Keltic Kowboy, LLC, have applied for an off -sale liquor license. ➢ Keltic Kowboy, LLC is purchasing the existing Black Diamond Liquors, which currently has an off -sale liquor license. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo May 20, 2014, Eagan City Council Meeting CONSENT AGENDA M. Direct preparation of an ordinance amendment to City Code Chapter 10.43 relative to false alarm regulations. Action To Be Considered: To direct the City Attorney's Office to prepare an ordinance amendment to City Code Chapter 10.43 relative to false alarm regulations. Facts: ➢ City Code allows for the collection of a fee for repeat false police and fire alarms. There is no charge for the first three false alarms per calendar year. Alarm system users are billed $100 for the fourth and each subsequent alarm in a calendar year. ➢ In anticipation of the Twin Cities Premium Outlets opening, staff is suggesting an ordinance amendment to exempt new alarm systems from the false alarm fee during their first 30 days of operation. Several neighboring cities provide this exemption. Staff has also received feedback from property owners in support of an exemption for new alarm systems. ➢ In addition, the City Attorney's Office recommends amending City Code to reflect advances in alarm system technology, which are not included in the current Code language. Attachments: (0) Agenda Information Memo May 20, 2014, Eagan City Council Meeting CONSENT AGENDA N. Approve a Temporary On -Sale 3.2 Percent Malt Liquor (Beer) License and waive the license fee for All Saints Lutheran Church's Community Gathering on June 4, 2014 at 3810 Lexington Avenue South. Action To Be Considered: To approve a temporary on -sale 3.2 percent malt liquor (beer) license and waive the license fee for All Saints Lutheran Church's Community Gathering on June 4, 2014 at 3810 Lexington Avenue South. Facts: ➢ All Saints Lutheran Church has requested a temporary on -sale beer license be issued to it for a community gathering after their Wednesday night worship service. The event will be held on the Church grounds. ➢ All Saints Lutheran Church has requested that the $25.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff.. Attachments: (1) CN -1 Letter From All Saints Lutheran Church To: Mayor Mike Maguire Council Member Paul Bakken Council Member Cyndee Fields Council Member Gary Hansen Council Member Meg Tilly From: Charles Trittin, Pastor All Saints Lutheran Church Re: June 4th Community Gathering Date: May 12, 2014 All Saints Lutheran Church, 8810 Lexington Avenue South, is planning a Community Gathering following the church's Wednesday, June 4th Worship Service. The event is planned as the kick -off event for the summer programming. The Fagan community is invited to the event. It is expected that 25 people will attend. The necessary paperwork has been filed. We asking that the $25 temporary beer license fee be waived. If you have any questions, please call me at 651.452.7256. Agenda Information Memo May 20, 2014 Eagan City Council Meeting CONSENT AGENDA O. Approve Naming The New Neighborhood Park In The Cedar Grove Area; Bridgeview Park Action To Be Considered: To approve naming the new neighborhood park in the Cedar Grove area Bridgeview Park, and indicate such on associated literature and signage. Facts: ➢ Eagan park names are generally indicative of location, a unique natural feature, or a reference with historic significance. ➢ The Advisory Park and Recreation Commission (APrC) appointed a subcommittee to develop a list of potential park names for review by the full APrC in anticipation of a recommendation to the City Council. ➢ The Eagan Historical Committee (EHC) also reviewed the list of potential park names and provided additional input to the APrC. ➢ At their March 2014 meeting the APrC considered the names submitted by the subcommittee and the input of the EHC to develop a list of three (3) potential park names for consideration by the City Council. ➢ At the Special City Council meeting on May 13th, 2014 the City Council reviewed the three names that had been submitted and selected Bridgeview Park. oThe name was determined to be significant as: The construction of the first Cedar Avenue bridge in 1920 provided an important transportation and commerce link between the farm communities south of the river and the developing metropolis to the north. The "old" bridge closed to all traffic in 1993. The multilane span that replaced remains an important link between the sprawling suburbs to the south and the metro carrying 1000's of vehicles daily. Attachments: (0) Agenda Information Memo May 20, 2014 Eagan City Council Meeting CONSENT AGENDA P. Contract 14 -13, 2014 Trail & Parking Lot Improvements ACTION TO BE CONSIDERED: Approve the plans and specifications for Contract 14 -13 (2014 Trail & Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, June 26, 2014. FACTS: ➢ Contract 14 -13 provides for the construction and maintenance overlay of bituminous trails and parking lots in the following locations: • Construct Bituminous Trail — Eastside of Blackhawk Road South of Diffley (Senior Housing to Highline Trail, Eastside) • Construct Bituminous Trail - Carnelian Park (Southside of Carnelian Lane) • Bituminous Trail Overlay - Carnelian Park • Bituminous Driveway /Parking Lot Construction - Thresher Park • Bituminous Overlay - O'Leary Park • Construct Bituminous Trail - at Nicols Road (Jensen's to Cedarvale Lanes) • Bituminous Trail Overlay - Southside of Cliff Road, East of Rahncliff Road (approx. 390') • Bituminous County Trail Overlay - Eastside of Pilot Knob Road, South of 35E Bridge japprox. 270') • Bituminous County Trail Overlay - Southside of Yankee Doodle Road, West of Blue Cross Road (approx. 800') • Bituminous County Trail Overlay - Eastside of Pilot Knob Road (Berry Ridge Road to Diffley Road) • Bituminous County Trail Overlay - Westside of Pilot Knob Road (Deerwood Drive to Knob Drive) As programmed for 2014 in the City's 5 -Year Capital Improvement Program (2014 -2018) and authorized by the City Council on June 4, 2013. ➢ All of the construction activity for said improvements has been designed to occur within existing public right -of -way, public property or easements. ➢ The plans and specifications have been completed by Public Works (Engineering) staff, and are being presented to the City Council for their approval and authorization for the advertisement of bids. ➢ An advertisement will be published in the legal newspaper, as well as construction contracting publications, informing contractors of the bid. Attachments: (0) Agenda Information Memo May 20, 2014, Eagan City Council Meeting PUBLIC HEARING A. Variance —Tanya & Alan Kuznar, 1374 Berry Ridge Road Action To Be Considered: To approve (or direct Findings of Fact for Denial) a Variance of 12' to the minimum structure setback of 30' from a public right -of -way for construction of a garage addition upon property located at 1374 Berry Ridge Road, subject to the conditions listed in the staff report. Required Vote For Approval: Majority of Councilmembers present Facts: Berry Ridge Addition was platted in 1989 and the house was constructed in 1990. The lot is 12,010 s.f. in area. It is a corner lot with street frontage on two sides. The minimum 30 -foot setback applies to both of these frontages. In 2008 a setback variance was granted for an addition to the east side of the house. ➢ The applicant proposes to construct a 12' x 24' addition to the existing 3 -stall garage. The proposed addition results in a building setback from the Hilltop Lane right -of -way of 18', as compared to the minimum required 30'. The purpose is to provide a garage stall with greater depth than the existing garage. The existing garage is 20' deep and according to the applicant, cannot fit their full -size pick- up truck. The proposed 24' deep stall would allow storage of larger vehicles within a garage rather than outside. ➢ The proposed garage expansion adds a fourth garage stall, whereas most single - family homes in the area and within the City have a two or three -stall garage. The proposed addition will not affect sight lines at the street intersection, and other bulk standards are satisfied. Issues: None 60 -Day Agency Action Deadline: ➢ Deadline expires June 16, 2014 Attachments: (4) PHA -1 Location Map PHA -2 Staff Report PHA -3 Report Exhibits PHA -4 Narrative SO 0 v i O VI O �r►rr�l :. _ _ ENE WrAMOM MM Wo ® _e ��. ��► ..rte �� _ ,■ ■ ® ■I ice, , � a ■ III �`.� �� '® �� v�� . � ■��. ��r .. , .,., ► �� •.... �•r �® !�■ ®■�■■■ loll ■■ �� ..® �� \ �. ■ - l�i��l loll .� ��: ► ♦ �� rill ®�■ ®'�� .� � z 00 U- o O 0 (V d �Z (`7 lie 0 N o � a O O O CO W U N C O D Y m O m p a C Z ti ;.; O Q .,rte V!•LZ� Or rr NN L CL m w :C U �r►rr�l :. _ _ ENE WrAMOM MM Wo ® _e ��. ��► ..rte �� _ ,■ ■ ® ■I ice, , � a ■ III �`.� �� '® �� v�� . � ■��. ��r .. , .,., ► �� •.... �•r �® !�■ ®■�■■■ loll ■■ �� ..® �� \ �. ■ - l�i��l loll .� ��: ► ♦ �� rill ®�■ ®'�� .� � z 00 U- o 0 (V �Z (`7 0 N o � a O O O CO W U N C O D Y m p a m a U tm J O �r►rr�l :. _ _ ENE WrAMOM MM Wo ® _e ��. ��► ..rte �� _ ,■ ■ ® ■I ice, , � a ■ III �`.� �� '® �� v�� . � ■��. ��r .. , .,., ► �� •.... �•r �® !�■ ®■�■■■ loll ■■ �� ..® �� \ �. ■ - l�i��l loll .� ��: ► ♦ �� rill ®�■ ®'�� .� � PLANNING REPORT CITY OF EAGAN REPORT DATE: May 14, 2014 APPLICANT: Tanya & Alan Kuznar PROPERTY OWNER: Tanya & Alan Kuznar REQUEST: Variance LOCATION: 1374 Berry Ridge Road COMPREHENSIVE PLAN: LD, Low Density ZONING: R -1, Single- family SUMMARY OF REQUEST CASE: 22- VA- 04 -04 -14 HEARING DATE: May 20, 2014 APPLICATION DATE: April 23, 2014 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a 12' Variance to the front yard setback for a garage addition upon property located at 1374 Berry Ridge Road, legally described as Lot 4, Block 1, Berry Ridge Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. The exceptional or extraordinary circumstances do not result from the actions of the applicant. Planning Report — 1374 Berry Ridge Road May 20, 2014 Page 2 d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Section 11.60, Subdivision E requires a minimum structure setback of 30 feet from a public right -of -way in the R -1 zoning district. BACKGROUNDMISTORY Berry Ridge Addition was platted in 1989 and the house was constructed in 1990. The home has an attached three -stall garage. In 2008, the City approved a setback variance of 5 feet from the Berry Ridge Road right -of -way for an addition to the house, which has since been constructed. EXISTING CONDITIONS The lot is 12,010 s.f. in area. It is a corner lot with street frontage on two sides — Hilltop Lane to the west and Berry Ridge Road to the north. The minimum 30 -foot setback applies to both of these frontages. The garage is located on the west side of the home, and according to the site survey in City records, the existing setback from Hilltop Lane is 30.4' feet. The setback variance in 2008 was for an addition to the east side of the house, because of the curve in the front lot line along Berry Ridge Road. Planning Report — 1374 Berry Ridge Road May 20, 2014 Paee 3 EVALUATION OF REQUEST Proposal — The applicant is proposing a 12.5' x 24' addition to the west side of the garage. The proposed addition results in a building setback from the Hilltop Lane right -of -way of 18', as compared to the minimum required 30'. There is an existing tree to the west side of the driveway which will be removed. The purpose of the proposal is to provide a garage space with a greater stall depth than the existing garage. The existing garage is 20' deep, and cannot fit the applicant's full -size pick -up truck. The applicant's narrative indicates that they explored making the existing garage deeper, but found it to be more cost - effective to add a fourth stall. Lot Coverage — City Code establishes a maximum building to lot area ratio of 20% within the R -1 zoning district. The proposal complies with this standard. The property is not in a Shoreland Overlay District, thus the property is not subject to a maximum of impervious coverage. Existing building coverage is 2,141 sq. ft., for a coverage ratio of 17.83 %. The proposed garage addition adds 300 s.f. There is an existing 8' x 8' shed in the rear yard (64 s.£) which will be removed. Thus, the net increase in building coverage would be 236 s.f., for a total building coverage of 2,377 s.f. and a coverage ratio of 19.79 %. City Code also requires that accessory buildings be subordinate, or smaller than, the principal dwelling. In this case, the proposed total garage and accessory building area would be 980 s.£, and the principal dwelling is 1,397 s.f. Thus, this standard is satisfied. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. The surrounding area is developed with similar single- family homes with primarily two and three -stall attached garages. Thus, a reasonable use is present on the site. The existing single - family dwelling with attached three -stall garage is typical of the surrounding area. The proposed garage addition adds a fourth garage stall, which is not common to most single- family dwellings in the area or within the City. This request is not unusual in that the City has approved other setback variances to allow expansion of attached garages on corner lots. It is unusual in that it adds a fourth garage stall when most single- family homes have a two or three -stall garage. The proposal satisfies the maximum 20% lot coverage standard, and the total accessory structure space will remain subordinate to the principal dwelling area on the lot. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. Planning Report — 1374 Berry Ridge Road May 20, 2014 Page 4 APPLICANT'S PRACTICAL DIFFICULTIES The stated practical difficulty is that the existing garage dimensions do not accommodate the applicant's full -size pick -up. The applicant contends the current dimensions of full -size trucks and SUV's are longer than their existing 20' deep garage can accommodate. The proposed 24' deep stall would allow storage of such vehicles within a garage rather than outside on the driveway. The rear yard of the property is fenced with a 6' solid fence placed along the west property line, adjacent to the street right -of -way and enclosing the side yard next to the garage. The proposed garage expansion would be within this fenced area. The proposed addition will not affect sight lines at the street intersection. Due to the odd shape of the lot, the front garage setback from the north property line abutting Berry Ridge Road is approximately 60'. SUMMARY /CONCLUSION In summary, the applicant is proposing a 12' setback Variance to allow a garage addition on a corner lot which results in a building setback of 18' from public right -of -way. Other bulk standards that apply to the proposal are satisfied. The conditions resulting in the Variance do not appear to be unique to this property; however, neither does the Variance appear to present detrimental impacts to neighboring properties or the public. ACTION TO BE CONSIDERED To approve a Variance of 12 feet to the required 30 -foot minimum structure setback from a public right -of -way to allow a garage addition for property located at 1374 Berry Ridge Road, legally described as Lot 4, Block 1, Berry Ridge Addition. If approved, the following conditions should apply: If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A Building Permit shall be obtained prior to commencing construction. 3. The existing shed shall be removed from the property prior to issuance of building permit. 4. 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G )-FGS 'NW '3A . 2 ,4>a89 V.LOS3NNIrV13xvl601W '�'S -IIV81 NI-DiNVi 6MIlINIWO0NO0 30WO - IIVU-L NIIANV -2U '• '7►VNI Nn?INVgW.4 0,4991 w 0 "421 3,UnS S31163dOMd ' G',d a •off bUlAaAJn XONDA :80.4 Q add3aa I B N s I"1 �a 1 h� € III I € - III; � I 1�- III�� Qv Il�u ! I1 I I J $ I y taa �Rj ®�11El ®jj�� i6 p o� j� gg j 11®®®cc� $ 8 � W8 a z e��A Qo �� t G Y 2 g /1 �/ ({9irn �alee n�.a�no »w.Y' �J7Je uJ WMN�h M)I SSBiS M &J S RViCES ■T �T,�y� SpsaAL NOTE ]LW DEMI GN ACCUM NO RGS[!ONSNlury it BR orsoltow om wm lNFONC; AN IIWAPnGiN Cl16 ➢ffipNING, CFiEACEANn P/t ROWNGOFY11fil6PLnNSfiOx M III /FSSt 5s7. 163 -�IBf ---- KVZitl[fl\ R �7 S BAGAAT MI�i A4Y:URACY. 'A'MUSTC OCAL1DU ALS 9Vb CONTRACTOR CHECK ALL bIM6N51ONS O Ur FOR SA E AND A6LC NSTRU rION. SAME nvRrNancnlALCONSrR�crto . To Whom It May Concern, Al purchased our home in 1994. We have made Eagan our home ever since and really enjoy being a part of this community. Our daughter attends school at Glacier Hills Elementary School of Arts and Science. Her experience at the magnet school has been a wonderful opportunity for her to succeed at school and develop a love of learning. We both work only 5 miles from our house, so we enjoy a short commute and more time with our family. We intend to stay in our home for many, many years to come. We did not initially intend to add a 4t" stall to our garage. We simply wished to update our 2003 pick -up with 180,000 miles on it to a newer version of the same vehicle. As it turns out, the full size pick -ups these days (as well as full size SUV's) are larger than the older ones. We physically cannot fit a full size Toyota Tundra in our garage. After looking at options to make the existing garage deeper, or add a 4t" stall, we found it would be more cost effective to add the 4t" stall. We would appreciate your approval to proceed with the construction. Regards, V �L Alan and Tanya I<uznar 1374 Berry Ridge Rd Eagan, MN 55123 LEIV D APR i ��: Agenda Information Memo May 20, 2014, Eagan City Council Meeting PUBLIC HEARING B. Variance — Herregan Distribution Action To Be Considered: To approve (or direct Findings of Fact for Denial) a Variance of 7.5% to the maximum allowed building lot coverage of 35% to allow construction of a 16,000 SF building addition on property located at 3695 Kennebec Drive, subject to the conditions listed in the staff report. Required Vote For Approval: Majority of Councilmembers present Facts: Herregan Distribution was founded in 1966 and the company headquarters have been located on Kennebec Drive for the past 34 years. Herregan is a wholesale distributer of flooring products throughout an eleven state area in the Upper Midwest. ➢ The stated practical difficulty is the result of business growth and the need to accommodate storage of additional product lines and inventory. The addition is proposed in the rear yard which will have little, if any, visual impact off site or from the public street. ➢ The addition is proposed in the rear yard which will have little, if any, visual impact off site or from the public street. Save for building lot coverage, all bulk standards are met. ➢ The conditions resulting in the requested Variance do not appear to be unique to this property; however, the proposed building expansion necessitating the Variance does not appear to present detrimental impacts to neighboring properties or the public. Issues: None 60 -Day Agency Action Deadline: ➢ Deadline expires June 17, 2014 Attachments: (4) PHB -1 Location Map PHB -2 Staff Report PHB -3 Site Plan PH13-4 Narrative z U° Z ° N M ° O00 � s w c c ° U a Y m L o a m a v C ®® ° J LO v c � o > J" m� 1013anv r ■L� T Lo EHI w _ Q vow °O® L O ® C C � J � ®vv z :: o vvmmv v N Z > N :3 N P O N cu O..�U z U° Z ° N M ° O00 � s w c c ° U a Y m L o a m a v C ®® ° J LO v > J" m� 1013anv � EHI eQ vow °O® 00 ® � ®vv my vvmmv z U° Z ° N M ° O00 � s w c c ° U a Y m L o a m a v C ®® ° J LO v m� 1013anv � EHI �Q-OPO > 0 (07 P G0� Y LO { I Oy0 �fNb OPEC 04, 5 ,d 'k 3NVI a301V e6 v/ d �bo 06 � 0 NJ ry O 419 6- � Y� 6�P J W m K W J N i w PLANNING REPORT CITY OF EAGAN REPORT DATE: May 8, 2014 APPLICANT: RJ Ryan Construction CASE: 17- VA- 05 -04 -14 HEARING DATE: May 20, 2014 PROPERTY OWNER: Herriges Egan PTSHP APPLICATION DATE: April 18, 2014 REQUEST: Variance LOCATION: 3695 Kennebec Drive PREPARED BY: Michael J. Ridley, AICP COMPREHENSIVE PLAN: I -1, Limited Industrial ZONING: IND, Industrial The applicant is requesting approval of a Variance to exceed the allowed 35% maximum building coverage in an I -1 Zoning District located in the SW %4 of Section 17 at 3695 Kennebec Drive, legally described as Lot 1, Block 1, Herriges Egan Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. Planning Report — Herregan Variance May 20, 2014 Paee 2 e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The Variance language in the City Code also contains the following: Subd. 3, A. "Practical difficulties" as used in conjunction with the granting of a variance, means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Subd. 3, B., 3. A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition unposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. CODE REQUIREMENTS City Code Section 11.60, Subdivision 14, E, allows a maximum of 35% building lot coverage in the Limited Industrial Zoning District. BACKGROUNWHISTORY Herregan Distributers was founded in 1966 by Ken Herriges and Bob Egan. Herregan is a wholesale distributer of flooring products throughout an eleven state area in the Upper Midwest. Herregan has warehouse operations in seven states and they have 160 employees throughout their network, 60 of which are located at the corporate headquarters building at 3695 Kennebec Drive. According to the applicant, the company has been in a growth mode since the recession ended with 2013 being the best year in company history. The growth of the company includes a growth in product lines and an increased need for maintaining inventory to support the growth. EXISTING CONDITIONS The subject site is 5.5 acres and contains an 85,000 SF office warehouse building which covers 35% of the site. The existing green space is 33% of the site. Planning Report — Herregan Variance May 20, 2014 Page 3 SURROUNDING USES The subject site is surrounded by other industrial uses that are also zoned and guided Industrial. EVALUATION OF REQUEST Compatibility with Surrounding Area — The general and immediate area contains warehouse and trucking type uses including outdoor storage. The proposed building addition appears compatible with the area. Proposal — The applicant proposes a warehouse addition of 16,000 SF bringing the total building size to just over 101,000 SF. The applicant has calculated that the site has the ability to park 111 stalls should the use of the building change to a use with a higher parking demand. Additionally, the applicant states they have been in contact with the Eagan Engineering Division and do not anticipate and issues satisfying water quality requirements. Building Coverage — The current building coverage is at the maximum allowed 35 %, hence the need for the Variance. Green Space — The current green space calculation is approximately 33% which exceeds the required minimum green space of 25 %. The proposed addition would result in the green space being just over 26 %. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. The surrounding area is developed with similar industrial development and, while Variances to exceed the 35% building coverage are not frequently requested, the City Council has approved similar requests in the past. The proposal satisfies the minimum 25% green space coverage standard. The proposed addition is off of the rear of the building. The existing and proposed use of the property is consistent with the provisions of the City Code. It does not appear that granting of the Variance would result in any detrimental effects to the neighboring properties or the public. APPLICANT'S PRACTICAL DIFFICULTIES The stated practical difficulty is the result of the business's growth and the need to accommodate storage of additional product lines and inventory. The addition is proposed in the rear yard which will have little, if any, visual impact off site or from the public street. Planning Report — Herregan Variance May 20, 2014 Page 4 SUMMARY /CONCLUSION Herregan Distribution was founded in 1966 and the company headquarters have been located on Kennebec Drive for the past 34 years. The company is experiencing post- recession growth and is need of additional space for inventory. Save for building lot coverage, all other bulk standards are met. The conditions resulting in the requested Variance do not appear to be unique to this property; however, the proposed building expansion necessitating the Variance does not appear to present detrimental impacts to neighboring properties or the public. ACTION TO BE CONSIDERED To approve a Variance of 7.5% to the maximum allowed building lot coverage of 35% to allow construction of a 16,000 SF building addition on property located at 3695 Kennebec Drive, subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the permitted in the variance. 2. The applicant shall satisfy all water quality and run -off requirements. 3. The building addition shall be designed to match the existing exterior building materials /architecture. 4. The building addition shall be consistent with the depiction on the Site Plan submitted on April 18, 2014. 5. A Building Permit shall be required prior to construction of the building addition. \ l/ �^ "= n�I "� HM- z up c UN- � � Be v vh Haan Rip mv oo ` � � ` w _ ba gill ji 9 3: \ l/ �^ "= n�I "� HM- z up c UN- � � Be v vh Haan Rip mv oo ` � � ` w _ Rj� ' Ryan Constructlon, Inc. 1100 Mendota Heights Road * Mendota Heights, MN 55120 * (651) 681.0200 • Fax (651) 681 -0235 April 18, 2014 City of Eagan 3830 Pilot Knob Rd Eagan, MN 55122 Attn: Planning Department Re: Variance Application Herregan Distributing 3695 Kennebec Drive Eagan, MN To Whom It May Concern: We are requesting a variance on the Site Coverage Ordinance to allow construction of an approximately 16,000 s.f. addition to Herregan Distributors. If granted the total building size would be 101,196 s.f. or 42.23% of the site. We have been in contact with the City Engineering Department and do not anticipate any issues in satisfying the water quality requirements. If granted, the variance construction would start as soon as plans could be completed and proper permits obtained. Herregan Distributors was founded in 1966 by Ken Herriges and Bob Egan. Herregan is a wholesale distributor of flooring products throughout an eleven state area in the Upper Midwest. Those products include; hardwoods, laminates, luxury vinyls, porcelain, sheet vinyl, commercial flooring and underlayment. They currently have offices in eight locations with Eagan being the home and largest location. The company employs 160 throughout their network, 60 of which are based in Eagan. The company finds itself in a growth mode as the recession has ended. 2013 was the best year in the company's history with sales in excess of 115 million dollars. As the company grows and their product lines increase they simply cannot maintain the inventory necessary to support the growth. Despite taking advantage of the latest technologies in warehouse and racking systems, they are faced with an immediate need of additional warehouse space. RECEIVED APR 1 S 2014 It is Ken Herriges' strong desire to stay in Eagan, Minnesota. The location for both distribution and their employee base is perfect. With 111 existing or potential parking stalls the site has more than adequate parking for any current or future needs. Thank you for your consideration. Sincerely, R.J. RYAN CONSTRUCTION, INC. Tom Ryan TR:Jv Herregan Distributors Addition -city of Eagan letter 4 -18 -14 RECEIVED APR I & 2014 Agenda Information Memo May 20, 2014, Eagan City Council Meeting all w-4:11-11-010110 C. Variance — Databank Holdings, Ltd. Action To Be Considered: To approve (or direct Findings of Fact for Denial) a Variance of 30' to the minimum structure setback of 40' from a public right -of -way for construction of a screen wall enclosure upon property located at 3255 Neil Armstrong Boulevard, subject to the conditions listed in the staff report. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The property was initially developed in 1988 and until recently was occupied by Metz Bakery. The existing building is an 88,000 s.f. office warehouse, with the truck maneuvering and loading dock area on the east side of the building. Access is provided from Neil Armstrong Boulevard in two locations. ➢ The applicant proposes to repurpose the building as a data center facility. This use requires cooling equipment to dissipate the heat generated by the servers inside the building, and back -up generators to ensure continuity of power to the facility in the event of a public utility power outage. ➢ City Code requires such mechanical equipment to be screened. Because of the size and amount of equipment, a solid 28' high wall is proposed to enclose the equipment yard for screening and security. A minimum structure setback of 40' from a public right -of- way applies to the proposed wall. ➢ Structure setbacks are measured from the property line. The proposed wall extends to within 10' of the property line abutting the Neil Armstrong Blvd. right -of -way, or a distance of about 20' to the street curb. Resulting in a 30' setback Variance request. All other bulk standards are met. ➢ The proposed wall steps back to follow the curve in the property line, providing some articulation to the wall. Existing landscaping will remain with a few alterations, and vining ivy will be planted along the wall to soften its appearance. ➢ In addition to the proposed screen wall, the applicant proposes upgrades to the principal building and installation of an 8' high - security fence around the property. The proposed fence is consistent with City Code standards, and the screen wall is proposed to be constructed of precast concrete similar to the principal building in appearance. ➢ The size and configuration of the existing building makes it suitable for use as a data center, however, the retrofit of the property is confined by the existing site layout. While the conditions resulting in the Variance don not appear to be unique to this property, the proposed use appears reasonable and does not appear to present detrimental impacts to neighboring properties or the public. Issues: None 60 -Day Agency Action Deadline: ➢ Deadline expires June 16, 2014 Attachments: (4) PHC -1 Location Map PHC -2 Staff Report PHC -3 Aerial, Site, Landscape, and Fence Plans PHC -4 Building Elevations PHC -5 Narrative ca ww d w O r� 4c O e ees V O ..J T �o � M O E Y T cC u , Z O C� ate, N i Z �C d a � U <1Z z (o U- o r o N ° z El° wVIS moo Itjf SONVIO a I z 0 � a m U N 7 c 4 w I� Q LL W C7 }� 1 V/ t ,tj O V Y O 0 W z O j- = -- - - 1,9 3AVN010NIX31YOKON'OVO LNnOO– - - +._— N d 1 2 � J d7b Oti .LPN � t � Y O w 3nV3OVN3NOW o ' 00 w o bj 3nV Nily 3U CO �O N 00 o M N c 0 U p Y m 0 -a d m a U V®® i31 J ® ® LO 0 ° z El° wVIS moo Itjf SONVIO a I z 0 � a m U N 7 c 4 w I� Q LL W C7 }� 1 V/ t ,tj O V Y O 0 W z O j- = -- - - 1,9 3AVN010NIX31YOKON'OVO LNnOO– - - +._— N d 1 2 � J d7b Oti .LPN � t � Y O w 3nV3OVN3NOW o ' 00 w o bj 3nV Nily 3U PLANNING REPORT CITY OF EAGAN REPORT DATE: May 12, 2014 APPLICANT: Databank Holdings, Ltd. PROPERTY OWNER: Liberty Property Trust REQUEST: Variance LOCATION: 3255 Neil Armstrong Blvd. COMPREHENSIVE PLAN: BP, Business Park ZONING: BP, Business Park- SUMMARY OF REQUEST CASE: 11- VA- 03 -04 -14 HEARING DATE: May 20, 2014 APPLICATION DATE: April 17, 2014 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a 30' Variance to the minimum 40' structure setback from a public right -of -way for construction of a screen wall enclosure upon property located at 3255 Neil Armstrong Boulevard, legally described as Lot 3, Block 1, Eagandale Corporate Center. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. Planning Report — Databank Holdings Ltd. May 20, 2014 Page 2 d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Sec. 11.60, Subd. 17, establishes a minimum 40'structure setback from a public right - of -way in the BP zoning district. BACKGROUND /HISTORY The 88,000 s.f. office /warehouse building was constructed in 1998. The property is zoned and guided Business Park. The property was previously occupied by Metz Bakery. EXISTING CONDITIONS The site is located at the NE corner of Lexington Ave. and Neil Armstrong Blvd. The property contains an 88,000 s.f. office /warehouse building and associated surface parking. Employee parking is located on the south and west sides of the building. The truck maneuvering and loading dock area for the warehouse is located on the east side of the building with access provided from Neil Armstrong Blvd. in two locations. The site is adjacent to industrial and business park uses to the north east and south. To the west across Lexington Avenue are single - family and townhome residential uses. EVALUATION OF REQUEST Proposal — Databank Holdings is proposing to repurpose the building as a data center facility. The renovation will result in about 7,800 s.f. of office space, with the rest of the building occupied by data halls and electrical and air conditioning support space. This use requires cooling equipment and back -up generators. Ten diesel power generators and 24 air conditioning Planning Report — Databank Holdings Ltd. May 20, 2014 Page 3 units are proposed. The cooling equipment is necessary to remove the heat generated by the servers within the building and the generators ensure continuity of power to the facility in the event of a public utility power outage. The equipment and generators are proposed to be located on the east side of the building and will occupy about 41,000 s.f. of exterior space. A 28' high wall is proposed to be constructed to screen the equipment and provide security. The screen wall enclosure is proposed to extend eastward to within 10' of the Neil Armstrong Blvd. right -of -way, or about 20' from the existing street surface at the closest point. While this equipment yard will be open with no roof above, the 28' screen wall is proposed to be constructed of materials to thatch the principal building. Because of the height, the wall is considered a structure and is subject to minimum structure setback standards in the City Code. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. Evaluation — The proposal converts a truck dock and maneuvering area to a mechanical equipment yard, utilizing existing pavement on the site. Since this is a reuse and retrofit, the confines of the site are prescribed by the existing building design, lot configuration and the street. The size and configuration of the building makes it suitable for the proposed use as a data center. Data centers require back -up power source and redundant cooling equipment to remove the heat generated by the servers within the building. Because of the amount and size of the equipment, a fence or landscaping is not sufficient to screen the equipment. Thus a solid wall 28' in height is proposed for screening and security. Setbacks — The BP zoning district requires a minimum 40' structure setback from public right -of -way. The proposed screen wall is 28' in height and is located east of the building. The east property line is slightly curved along Neil Armstrong Blvd. The proposed wall extends to between 10' and 20' from the Neil Armstrong Blvd. right -of -way. The wall steps back in sections to follow the curve in the property line. This articulation gives depth and variation to the wall and breaks up the visual expanse. Building Materials /Architectural Appearance — The finish materials ordinance is intended to provide for the use of appropriate, durable, non - degradable, and low maintenance materials. The purpose is to provide buildings that are attractive in appearance, durable and compatible with adjacent structures and consistent with the city's standards for the district in which it is located. The zoning ordinance specifies that the finish materials standards apply to "newly constructed buildings." While the ordinance does not include specific standards for remodeling of existing buildings, it has been the City's policy that existing buildings maintain existing compliance or move toward greater compliance with finish materials standards. Planning Report — Databank Holdings Ltd. May 20, 2014 Page 4 The proposed use involves upgrades to the existing building as well as the addition of the screen wall to enclose the outdoor equipment yard. The narrative indicates the screen wall will be constructed of concrete to look similar to the building. Because of the 28' height, a Building Permit is required. The pre -cast concrete panels should be finished with the same design, color and appearance to match the principal building. Parking — The site currently provides 142 parking stalls. The proposal adds stalls for total on -site parking of 156 stalls. The proposed 7,800 s.f. of office space requires 52 parking stalls, and the remaining 80,367 s.f. requires 89 stalls for a total required parking of 141 stalls. With 156 stalls provided, the parking standard is met. Access — Both existing driveways to Neil Armstrong Blvd. will remain. A new driveway is proposed midway between the two existing driveways. This new driveway is for the purpose of supplying and maintaining the equipment within the yard, and for the power modules that will be housed within the building. A loading dock door outside the screen wall will provide access for all other equipment to the building. A permit to work in the right -of -way is required to create a new access to Neil Armstrong Blvd. Fence /Security — Because of the nature of this use, a high security fence is proposed to enclose the entire site. City Code allows fences up to 8' in height within commercial /industrial zoning districts. Access to the site will be controlled with gates at each entry point. The proposed security fence is consistent with City Code standards. The security gates should have lockboxes with key access for emergency personnel to be able to access that area in case of fire or other emergency. The location of the gates should be set back sufficient distance from the street curb to ensure sufficient depth between the street and the gate to ensure vehicles using this entrance will not block the right -of -way. Also, there is a trail along Lexington Avenue which is located within the site boundary, and covered by public trail easement. The applicant should be aware that a minimum 2' clearance is required between the trail and the proposed security fence. Landscaping— Existing landscaping will remain in place. Two trees will be removed for the new driveway access to Neil Armstrong Blvd. Several new trees are proposed at the new driveway along Neil Armstrong Blvd, and in the northeast corner of the site. Engelman Ivy is proposed along the base of the screen wall, which will vine up the wall as it grows. Green Space and Building Coverage Ratios — A small amount of green space will be impacted by the proposed wall. Proposed Green space is 36.63 %, which exceeds the minimum standard of 25 %. While the equipment yard is open above, with the 28' wall enclosure, the bulk and massing of the overall structure will be similar to a building. The proposed coverage ratio including the equipment yard is 37.62 %, which remains below the maximum 40% standard. Noise — State statutes regulate noise, and the outdoor equipment is subject to compliance with state noise regulations. The narrative indicates "generators are exercised monthly for about 20 minutes to insure proper function," but otherwise, the use of generators would be for back -up Planning Report — Databank Holdings Ltd. May 20, 2014 Paee 5 purposes in case of loss of utility company power. The narrative also indicates the air conditioner "at full load only half of the air conditioners will be operating." Most of the neighboring properties are industrial in nature; however, there are residential uses to the west that may be more sensitive to noise. With the equipment located on the east side of the site, the building will provide some buffer for noise, and the distance between the proposed equipment and the residential uses is approximately 400 feet. At the time of Building Permit application, acoustic information should be provided about the noise level of the equipment to demonstrate compliance with State standards. APPLICANT'S PRACTICAL DIFFICULTIES The building was initially designed as an office /warehouse with loading docks and a large paved truck maneuvering area on the east side. The size and configuration of the building makes it suitable for the proposed use as a data center. The amount and size of mechanical equipment necessary to support the use requires a 28' wall to effectively screen the equipment yard. And as a retrofit, the reuse is confined by the existing site development. SUMMARY /CONCLUSION In summary, Databank Holdings is proposing to repurpose a former bakery warehouse into a data center. Modifications to the site and building are proposed. In addition to facade upgrades and security provisions, an equipment yard is proposed on the east side of the building for the generators and air conditioning cooling equipment necessary to support the data center. A 28' high screen wall will enclose the equipment yard. The screen wall is proposed to be set back 10' from the public right -of -way, as compared to the required structure setback of 40'. For this a Variance of 30' is requested to the required 40' setback. The proposed wall will be constructed of precast concrete panels similar to the principal building. A Building Permit will be necessary for construction of the screen wall, and demonstration that the equipment adheres to State noise standards will be required at the time of permit application for the equipment installation. All other Code bulk standards appear to be satisfied. ACTION TO BE CONSIDERED To approve a setback Variance of 30' to the minimum required 40' structure setback for property located at 3255 Neil Armstrong Blvd. for construction of a screen wall enclosure. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Planning Report — Databank Holdings Ltd. May 20, 2014 Page 6 Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. A Building Permit is required prior to commencing construction. 3. The security gates shall have lockboxes with key access for emergency personnel to be able to access that area in case of fire or other emergency. 4. The location of the security gates shall be set back sufficient distance from the street curb to ensure sufficient depth between the street and the gate to ensure vehicles using this entrance will not block the right -of.- -way. 5. The applicant shall obtain a permit to work in the right -of -way for the proposed new access to Neil Armstrong Blvd. 6. 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