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08/04/2014 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 4 2014 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE Minutes B. PERSONNEL Items C. APPROVE Check Registers D. APPROVE a Resolution to Accept a Donation of $100 from an Eagan Resident for the Fire Department and Authorize the Necessary Budget Adjustments E. AUTHORIZATION to Submit Letter of Intent to Cooperate in the Fire and Rescue Shared Services Feasibility Study Grant Program Application F. APPOINT City Representatives to the LOGIS Board of Directors G. ADOPT a Proclamation Recognizing August 5, 2014 as "National Night Out" in Eagan H. ADOPT a Resolution and Authorize an Agreement to Accept a $21,490 Grant from the Minnesota Department of Commerce and Authorize a Corresponding Budget Adjustment I. APPROVE the Police Liaison Services Agreement between the City of Eagan and Independent School District (ISD) 196 J. APPROVE Contract with Velocity for a Fiber Rental Agreement for a Temporary Connection K. APPROVE Service Agreement with Dakota Electric Association (Central Maintenance Facility) L. AWARD City Contract 14 -14, Cedar Grove Parking Garage and Redevelopment District - Facility Management Services M. APPROVE Change Order No. 1, City Contract 14 -16 (Blackhawk School Stormwater Management) N. RECEIVE Petition to Vacate Public Drainage & Utility Easements, Town Centre 100 1st /12th/ Eagan Place 4th Additions and Schedule Public Hearing (September 2, 2014) 0. ACCEPT the Resignation of Richard Arneson from the Energy and Environment Advisory Commission and Appoint Alternate Aditya Jayam Prabhakar to Complete the Term in Place of Richard Arneson P. APPROVE a Resolution to Accept a Donation for the Puppet Wagon Show from Edible Arrangements Q. AUTHORIZE Application of a Grant from the Minnesota Association for Volunteer Administration (MAVA) Small Grant for Starting or Enhancing a City Volunteer Program R. ACKNOWLEDGE Completion and Authorize City Maintenance of Project 07 -0 (Marsh Cove Addition) S. APPROVE Temporary On -Sale Beer License for All Saints Lutheran Church, 3810 Lexington Avenue South, on August 20, 2014 T. APPROVE Exempt Permit for the Eastview Community Foundation to hold a raffle on September 28, 2014 at the Eagan Community Center U. SCHEDULE Public Hearing date for September 2, 2014 to certify delinquent utility bills V. RESCHEDULE the August 14, 2014 Special City Council start time from 8:45 a.m. to 8:00 a.m. W. APPROVE Interconnection /Transformer Agreement with Dakota Electric Association (Central Maintenance Facility) X. SCHEDULE Public Hearing date for September 2, 2014 to certify delinquent nuisance abatement bills V. PUBLIC HEARINGS A. VACATE Public Drainage & Utility Easement, Lot 2, Block 1, Eagandale Office Park 5t" Addition B. VARIANCE and CONDITIONAL USE PERMIT- Hoyt Properties -a Variance to the 20 ft. setback from the right -of -way for parking and a Conditional Use Permit to allow outdoor storage located at 3771 Sibley Memorial Hwy VI. OLD BUSINESS VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT - Eagandale Office Park 6th Addition -to modify the site plan to allow just one future building located at 1335 -1345 Corporate Center Curve VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Amendment of MHC Cedar Grove LLC Purchase Agreement to Extend the Date for Closing D. OLD BUSINESS E. NEW BUSINESS 1. CONCEPT PLAN REVIEW for Ryland Homes Proposal for Triangle and Gold Trail Parcels in Cedar Grove Redevelopment District F. OTHER BUSINESS G. ADJOURN 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 City of Eap memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: AUGUST 1, 2014 SUBJECT: AGENDA INFORMATION FOR AUGUST 4, 2014 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 4, 2014 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 4, 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 July 15, 2014 regular City Council meeting as presented or modified. Attachments: (1) CA -1 July 15, 2014 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 15, 2014 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Three Eagan residents (Girl Scouts) approached the City Council regarding their efforts to improve pedestrian traffic safety at the intersection of Diffley Road and Daniel Drive. A regular meeting of the Eagan City Council was held on Tuesday, July 15, 2014 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Community Development Hohenstein, Director of Public Works Matthys, Deputy Police Chief Johnson, Director of Parks & Recreation Johnson, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted there are two additional items for the Council to consider; under the Economic Development Authority, the addition of Consent Agenda Item 3 - License Agreement for Parking; and, in the Administrative Agenda, under City Administrator, the addition of Item 1. Event Staffing Agreement. Osberg also noted that Item 1 of the Administrative Agenda, under Director of Public Works, was withdrawn to be placed on a future City Council meeting. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION City Administrator Osberg noted Eagan received the 2014 City of Excellence Award from the League of Minnesota Cities in the category of Engaging Citizens in the Budget Process for its innovative Budget Connect Virtual Open House. The Council congratulated City staff. Finance Director Pepper acknowledged the upgrade of the City's long -term credit rating by Standard & Poor's from AA+ to AAA. Terri Heaton, Springsted Incorporated, gave a presentation and presented a plaque to the City recognizing its achievement of a triple -A rating. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of July 1, 2014 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the resignation of Joanne O'Keefe, Police Receptionist and authorize hiring her replacement. 2. It was recommended to approve the hiring of Jared Flewellen, Assistant Parks & Recreation Director. City Council Meeting Minutes July 15, 2014 2 page 3. It was recommended to approve the hiring of Seasonal /Temporary Employees in Parks & Recreation. C. It was recommended to approve check registers dated June 27, and July 3, 2014. D. It was recommended to approve Final Subdivision and Final Planned Development for Dakota Path 3rd Addition — D.R. Horton. E. Item was removed. F. It was recommended to receive the bids for Contract 14 -13 9 (Citywide Trail & Parking Lot Improvements), award the contract to Bituminous Roadways, Inc., for the base bid only in the amount of $404,927.00, and authorize the Mayor and City Clerk.to execute all related documents. G. It was recommended to approve Change Order No. 1 to Contract 13 -20 (1 -35E Noise Wall (west side, north of Diffley Road) — Landscaping Improvements), and authorize the Mayor and City Clerk to execute all related documents. H. It was recommended to receive the bids and award Contract 14 -16 (Black Hawk Middle School Stormwater Management) to Minnesota Dirt Works, for the bid in the amount of $28,845.00, and authorize the Mayor and City Clerk to execute all related documents. I. It was recommended to approve an Exempt Permit for the National Kidney Foundation to hold a raffle on October 11, 2014 at 610 Opperman Drive. J. It was recommended to approve On -Sale Wine, 3.2 Percent Malt Liquor (Beer) and Sunday Wine License for Lone Oak Store, LLC, doing business at Burgers and Bottles, 1278 Lone Oak Road. K. It was recommended to approve Interagency Agreement with LOGIS for network and computer management support. L. It was recommended to approve a resolution to prohibit parking on: Nicols Road ( Diffley Road to Silver Bell Road), Silver Bell Road (Highway 13 to Kennebec Drive), Rahn Road (Nicols Road to Cedar Grove Parkway), Eagan Outlets Parkway (Nicols Road to Rahn Road), Fen Way (Eagan Outlets Parkway to Cedar Grove Parkway), River Valley Way (Eagan Outlets Parkway to Cedar Grove Parkway), and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS There were no public hearing items to be heard. OLD BUSINESS ORDINANCE AMENDMENT — AN ORDINANCE AMENDMENT TO CITY CODE CHAPTER 6.34 REGARDING ELECTRONIC DELIVERY DEVICES AND NICOTINE AND LOBELIA DELIVERY PRODUCTS City Administrator Osberg noted at its June 17, 2014 meeting, the Council directed preparation of an ordinance amendment regarding electronic delivery devices and nicotine and lobelia products. During the recent legislative session, a new law was enacted that clarifies municipalities' ability to license and regulate electronic delivery devices and nicotine and lobelia delivery products. City Council Meeting Minutes July 15, 2014 3 page Councilmember Fields moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to City Code Chapter 6.34 regarding electronic delivery devices and nicotine and lobelia delivery products and direct the City Attorney to publish the ordinance amendment. Aye: 5 Nay: 0 NEW BUSINESS There are no new business items to be heard. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update to be heard. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire gave credit to City staff and Police Department for their role in making the Fourth of July a successful event. CITY ADMINISTRATOR City Administrator Osberg noted the City of Eagan and Twin Cities Outlets Eagan, LLC, each agree on the need to provide traffic control and police staffing during certain shopping events at the Outlet Mall during grand opening and other similar shopping events. Through an Event Staffing Agreement, Twin Cities Outlets Eagan, LLC, will reimburse the City for certain staffing expenses during the grand opening weekend, and if they request will do the same on Thanksgiving Day and Black Friday in 2014 and thereafter. Twin Cities Outlets Eagan, LLC, agrees to make payment of $10,000.00 as a partial reimbursement for the traffic study completed for the City of Eagan. Osberg noted the agreement memorializes each of these key points and has been approved by Twin Cities Outlets Eagan, LLC. The agreement also memorializes the terms for the provision of additional services for Black Friday and similar high traffic sale dates in the future. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Events Staffing Agreement. Aye: 5 Nay: 0 DIRECTOR OF COMMUNITY DEVELOPMENT Director of Community of Development Hohenstein noted Jensen's remodel is completed and the restaurant reopened as Jensen's Food & Cocktails. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes July 15, 2014 4 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:00 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo August 4, 2014 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Accept the resignation of Karen Grimm, Animal Control Officer, and authorize hiring her replacement. Facts: ➢ Ms. Grimm submitted her resignation effective September 2, 2014. Attachments: (0) Item 2 Action to be Considered: Approve the hiring of Dakota Kenyon, Fitness Coordinator at the Eagan Community Center. Facts: ➢ City Council approved hiring for this position on May 5, 2014. Attachments: (0) Item 3 Action to be Considered: Approve the reclassification of Alexandra O'Leary, Accountant, from Level 9 to Level 11. Facts: ➢ When hired in August 2011, the work assigned to the employee matched that of Level 9. Over the past few years the complexity of the tasks continues to increase, requiring new competencies. ➢ This Accountant is performing functions at the direction of the Assistant Finance Director that are not reflected in the current job description. ➢ As software systems continue to evolve and become more specialized, there has been a need for Finance to grow their technological skills in order to stay current and competent. This Accountant is taking a lead role in managing multiple projects and administering multiple software programs that relate to the success of financial operations of the City. ➢ Because of the need for more critical thinking and a greater level of technological skills /competencies, the classification level of this Accountant will increase. Attachments: (0) Item 4 Action to be Considered: Approve the reclassification the City Clerk from Level 10 to Level 11. Facts: ➢ The job functions of the City Clerk were formally reviewed. ➢ Upon review, the job functions performed by the City Clerk are reflective of classification Level 11. Attachments: (0) Item 5 Action to be Considered: Approve the hiring of Seasonal /Temporary Employees in Parks & Recreation: Name Division Job Title Lemke, Parker Cascade Bay Guest Relations Crewmember Machacek, Erin Cascade Bay Lifeguard Osborne, Connor Cascade Bay Lifeguard Shub, Tal Cascade Bay Lifeguard Whipps, Tristan Hammer, Kathleen Cascade Bay Lifeguard Community Development Planning Intern Cayer, Casey Fire Volunteer Fire/ Dorm Program Agenda Information Memo August 4, 2014 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated July 18, and July 25, 2014 as presented. Attachments: (2) CC -1 Check register dated July 18, 2014 CC -2 Check register dated July 25, 2014 Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA D. Approve a Resolution to Accept a Donation of $100 from an Eagan Resident for the Fire Department and Authorize the necessary Budget Adjustments Action To Be Considered: To approve a resolution to accept a donation of $100 from an Eagan resident for the Fire Department and authorize the necessary budget adjustment. Facts: ➢ The Eagan Fire Department recently received a donation from an Eagan resident in the amount of $100. ➢ The attached resolution authorizes the Fire Department to accept the donation and adjust their 2014 operating budgets to use the donations within our operating budgets. Attachments: (1) CD -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 August 4t", 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, An Eagan Resident has offered to donate $100 for use by the City of Eagan Fire 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 Resident for the gracious and generous donation. ADOPTED this 4th day of August, 2014 Mike Maguire, Mayor ATTEST: Christina Scipioni, City Clerk 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 August 4, 2014, Eagan City Council Meeting CONSENT AGENDA Authorization to submit Letter of intent to Cooperate in the Fire and Rescue Shared Services Feasibility Study Grant Program Application Action To Be Considered: To authorize to submit Letter of intent to Cooperate in the Fire and Rescue Shared Services Feasibility Study Grant Program Application. Facts: ➢ The Minnesota Department of Public Safety, State Fire Marshal Division has made available grant funding for communities to use for consulting services that explore a shared services model for multiple fire services, or as implementation funds to continue recommendations from other prior studies. ➢ Shared services refers to any number of scenarios where fire and rescue service organizations are working together to become more efficient or effective. ➢ The shared service concept does not necessarily need to result in financial savings, nor does it mean that fire departments must formally merge. ➢ Area Fire Chiefs have conducted meetings over the past several weeks, and the Cities of Burnsville, Savage, South Metro Fire District (West St. Paul and South St. Paul) and Eagan have agreed to jointly submit a grant application to the Minnesota Department of Public Safety. ➢ The grant application must be submitted by September 1, 2014, has a maximum award of $40,000 and includes a 10% match from the grant recipient. ➢ Each City intending to participate must include a letter stating their intent to cooperate in the study. ➢ This grant application would tie into the Eagan Fire Departments overall strategic plans that were presented to the City Council at a June 10, 2014 Special Workshop. Attachments: (0) Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA F. Appoint City Representatives to the LOGIS Board of Directors Action To Be Considered: To appoint Finance Director Tom Pepper as the City's Director on the LOGIS Board of Directors, and appoint IT Manager Dan Cook and Assistant City Administrator Dianne Miller as Alternates. Facts: ➢ The action formalizes the City's current appointments on the LOGIS Board of Directors. ➢ Future appointments will be included on the annual organizational business meeting agenda in January. Attachments: (0) Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA G. Adopt A Proclamation Recognizing August 5, 2014, As "National Night Out" In Eagan Action To Be Considered: Adopt a proclamation recognizing August 5, 2014, as National Night Out in Eagan. Facts: ➢ Tuesday, August 5, 2014, is the 31St annual National Night Out celebration. ➢ National Night Out is sponsored by National Association of Town Watch (NATW). ➢ The City of Eagan has participated in National Night Out since 1998 (16 years). Participation has grown every year in Eagan. To date, over 160 neighborhoods have indicated they will participate in the celebration. Police and Fire units will visit these gatherings. ➢ Eagan residents are asked to join millions of their fellow citizens across the United States in this celebration of Community, Crime Prevention and strong police /community partnerships. ➢ Strong neighborhoods are essential to public safety and homeland security.' ➢ From 5:30 to 9:30 p.m., residents are encouraged to lock their doors, turn on outside lights and spend the evening outside with their neighbors. ➢ Registration can be done on -line at www.cityofeagan.com /nno ➢ For questions or more information, please contact the Eagan Police Department Crime Prevention Unit at 651- 675 -5727. Attachments: (1) CG -1 Proclamation CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2014 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 5th, 2014, called "National Night Out "; and WHEREAS, the "31 st Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police- community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2014" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police- community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "31st Annual National Night Out" on August 5th, 2014. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 5th, 2014 as "National Night Out" in the City of Eagan. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk- CERTIFICATION I, Christina Scipioni, City Cleric 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 , 2014. Christina Scipioni, City Cleric Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA H. Adopt A Resolution And Authorize An Agreement To Accept A $21,490 Grant From The Minnesota Department Of Commerce And Authorize A Corresponding Budget Adjustment Action To Be Considered: Adopt a resolution accepting a grant from the Minnesota Department of Commerce to purchase equipment that can read license plates to help detect stolen vehicles. Facts: ➢ The Minnesota Department of Commerce awarded the Eagan Police Department with $21,490 for Auto Theft Prevention. ➢ The proposed grant was written with the intent to purchase a License Plate Reader (LPR) for one squad car. ➢ The LPR automatically performs vehicle registration checks by automatically reading license plates and then checking the State's database to determine if the vehicle is stolen. ➢ Adopting the resolution will necessitate the need for a budget adjustment of $21,490 in line item # 1104 -6231 of the police department's 2014 budget. ➢ As part of the agreement, the city must sign a contract with the State. ➢ The contract has been reviewed by the city attorney Attachments: (2) CH -2 Resolution STATE OF MINNESOTA R IGINAL GRANT CONTRACT 0 This grant contract is between the State of Minnesota, acting through its Commissioner of Commerce ( "State ") and Eagan Police Department, 3830 Pilot Knob Road, Eagan, MN 55122 ( "Grantee "). Recitals 1. Under Minn. Stat. § 299A.01 and § 6513.84, the State is empowered to enter into this grant. 2. The State is in need of projects to reduce the incidence of automobile theft, and has made grant awards pursuant to its Request for Proposals. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minnesota Statutes §1613.98 Subdivision 1, the Grantee agrees to minimize administrative costs as a condition of this grant, Grant Contract Terra of Grant Contract 1.1 Effective date: July 1, 2013, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. The Grantee must not begin work under this grant contract until this contract is fully executed and the Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration date: June 30, 2015, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee's Duties 2.1 Activities. The Grantee, who is not a state employee, will perform project activities in accordance with the specified tasks and line -item budget approved by the State, which is attached and incorporated into this contract as Exhibit A. 2.2 Reporting Requirements. Grantee shall report to the State as specified in the Grant Manual of the Office of Justice Program, which is posted online at https: / /dps.mn,gov/ divisions /ojp /grants /Documents /Grant Manual.pdf and is incorporated by reference into this grant contract. (1) Financial Reporting. Grantee shall submit a financial reporting form to the State's Authorized Representative utilizing the format identified by the State within 30 days after the end of the reporting period. (2) Progress Reporting. Grantee shall use forms prescribed by the State to submit a quarterly progress detailing progress achieved towards the accomplishment of the program goals and objectives within 30 days after the end of the reporting period. (3) Other Requirements. Grantee shall submit such other reports and attend meetings and training as State shall reasonably request. (4) Evaluation. The State shall have the authority, during the course of this grant period, to conduct evaluations of the performance of the Grantee. (5) Requirement Changes. The State may modify or change all reporting forms at its discretion during the grant period. (6) Special Requirements. The State reserves the right to include in the grant, at any time during the term of the grant, special administrative requirements deemed necessary to assure the Grantee's successful implementation of the program. The State will notify the Grantee in writing of any special administrative requirements. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the Automobile Theft Prevention Grant Program FY 14 -15 performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (a )Compensation. The Grantee will be reimbursed for activities and budget amounts according to the line -item budget approved by the state in Exhibit A: (1) $ 0.00 is available for fiscal year 2014 (2) $21,490.00 is available for fiscal year 2015 Grant funds available for one fiscal year cannot be carried forward into another fiscal year. (b)Line -item Changes. Expenditures specified in Exhibit A may not be moved from one line -item to another unless in accordance with the requirements listed below: (1) Any changes to the line -item budget must advance the purpose of the Automobile Theft Prevention Grant Program and must remain within the total dollar amount available for each fiscal year. (2) Any fund transfers which exceed an annual amount of $10,000 must be approved in advance by the State's Authorized Representative, and will not be effective until an amendment to this Agreement has been executed. (3) Total annual transfers of more than ten (10) percent of the amount from one line -item to another line -item must be approved in advance by the State's Authorized Representative, and will not be effective until an amendment to this Agreement has been executed. (4) Total annual transfers of ten (10) percent or less, of the amount from one line -item to another line - item, and which do not exceed an annual amount of $10,000, are permitted without the approval of the State's Authorized Representative. Transfers to a newly created line -item are not permitted. At least ten business days prior to any transfer made under this clause, the Grantee must inform the State's Authorized Representative in writing of the specific changes to be made. (5) The State may refer approval requests for line -item transfer(s) to the Automobile Theft Prevention Advisory Board to review for reasonableness. (c)Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed the amount identified and approved for travel in Exhibit A; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (d)Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $21,490.00. 4.2. Payment (a) Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely upon completion of services, and according to the following schedule: i. Itemized invoices must be submitted at least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for services satisfactorily performed. ii. Expenditures for each state fiscal year of this grant contract must be for services performed within the applicable state fiscal year. Every state fiscal year begins on July 1 and ends on June 30. iii. The final invoice pertaining to each state fiscal year of this grant contract must be received the close of each fiscal year (July 31 of that calendar year). Any expenditure not properly invoiced by the Grantee and submitted to the State by the close of each fiscal year will not be reimbursed by the State. All unused grant funds for each fiscal year shall be credited to the State at the close of each fiscal year. Automobile Theft Prevention Grant Program FY 14 -15 (,b) Federal funds. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through Title CFDA number of the Act of _. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Brandon Johnson, Grant Manager, 85 -7th Place E, St. Paul, MN, 651 - 297 -7058, or his successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is James McDonald, Chief of Police, 3840 Pilot Knob Road, Eagan MN 651 -675 -5700. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment. The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments. Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract, 9 State Audits Under Minn. Stat. §16B.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Data Practices and Intellectual Property 10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or Automobile Theft Prevention Grant Program FY 14 -15 disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with applicable law. 10.2. Intellectual Property Rights. Grantee represents and warrants that materials produced or used under this grant contract do not and will not infringe upon any intellectual property rights of another, including but not limited to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the materials infringe upon the intellectual property rights of another. Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages including, but not limited to reasonable attorneys' fees arising out of this grant contract, amendments and supplements thereto, which are attributable to such claims or actions. If such a claim or action arises, or in Grantee's or the State's opinion is likely to arise, Grantee shall, at the State's discretion, either procure for the State the right or license to continue using the materials at issue or replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. 11 Workers' Compensation The Grantee certifies that it is in compliance with Minn. Stat, § 176.181, subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 12.2 Endorsement. The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State. The State may immediately terminate this grant contract with or without cause, upon 30 days written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro -rata basis, for services satisfactorily performed. 14.2 Termination for Cause. The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. Automobile Theft Prevention Grant Program FY 14 -15 14.3 Termination for Insufficient Funding, The State may immediately terminate this grant contract if: a) It does not obtain funding from the Minnesota Legislature; or b) If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. c) Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro -rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and /or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Statt.. §§ 16A.15 and 16C.05. Date:/ 5' SWIFT Contract/PO No(s). r 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Automobile Theft Prevention Grant Program FY 14 -15 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: Agency Grantee State's Authorized Representative - Photo Copy EAGAN P® Approved 2014 Approved 2015 Total Approved Contract Services Hardware maint. Warranty for 6 systems $ 4,950.00 $ 4,950.00 Office Expenses _ $ - Internet Svc. (6 cams at $60 /mo.; 2 yrs) $ - $ 1,440.00 $ 1,440.00 Internet Svc. (12 cams at $60 /mo.; 2 yrs) $ - Program Expenses $ - NetMotion License $ 400.00 $ 400.00 Laptop for LPR $ 1,200.00 $ 1,200.00 Equipment over $5000 $ - 4 Slate 810 -LE -P (mobile LPR) ($15,700 /unit) $ - $ - 8 Spikelet 392 (fixed LPR) ($13,500 /unit) $ - $ 13,500.00 $ 13,500.00 Total $ 0.00- $ 21,490.00 $ 21,490.00 Automobile Theft Prevention Grant Program FY 14 -15 CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Minnesota Department of Commerce -Auto Theft Prevention Grant 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 Minnesota Department of Commerce has presented the Police Department with a donation in the amount of $21,490 which will be used to procure a License Plate Reader. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City, and an adjustment is made to line item # 1104 -6231 in the police department's 2014 budget; BE IT FURTHER RESOLVED, that the City sincerely thanks the Minnesota Department of Commerce for selecting the City of Eagan as a recipient of this year's grant. ADOPTED this 4th day of August, 2014. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo August 4, 2014 Eagan City Council Meeting CONSENT AGENDA Approve The Police Liaison Services Agreement Between The City Of Eagan And Independent School District (ISD) #196 Action To Be Considered: Approve the agreement between the City of Eagan and ISD #196. Facts: ➢ The City of Eagan and ISD #196 have partnered to establish a school resource officer program in three schools. ➢ The School District wishes to continue this relationship, and agrees to pay the city $77,890.25 for Eagan Police Officers to continue working in the schools for the 2014- 2015 school year. ➢ The School District increased funding for liaison services by one percent from the 2013- 2014 school year. Attachments: (1) CI -1 Police Liaison Services Agreement POLICE LIAISON SERVICES AGREEMENT: SCHOOL DISTRICT NO. 196 AND CITY OF EAGAN THIS AGREEMENT is made and entered into this day of , 2014 by and between SCHOOL DISTRICT NO. 196, a Minnesota municipal corporation, (hereinafter "School District ") and CITY OF EAGAN, a Minnesota municipal corporation, (hereinafter "City "). RECITALS WHEREAS, the parties enter into this Agreement pursuant to Minnesota Statutes §126C.44; and WHEREAS, for purposes of this Agreement, the School District's participating secondary schools within the City consist of the following schools: Black Hawk Middle School, Dakota Hills Middle School and Eagan High School. NOW THEREFORE, the parties hereto agree as follows: 1. The City agrees to provide a state certified police officer to perform an average of 20 hours per week police liaison services to each of the School District's secondary schools for the purpose of assisting in the establishment and trained coordination of a cooperative community approach among the School District's schools, students, parents, police and other community resources to address the needs of the students and community members. The City's police liaison services shall include, but not limited to: a. Prevention of delinquency; b. Protection of life and property; and C. Law enforcement. 2. The School District shall pay the City the amount of $77,890.25 for the City's police liaison services to the School District. 3. The parties agree and acknowledge that the police officers who are assigned to provide police liaison services in the schools are, and will continue to be, members and employees of the City and its police department. The police officers shall not become an agent or employee of the School District by virtue of this Agreement and shall not make any representations to the contrary. The officers shall operate under the direct administration and supervision of the police department but will work in cooperation with school administrators to further mutually agreed goals involving the police department, schools and students. The officers shall not have disciplinary authority within the schools or be considered educational service providers, but shall be limited to their police functions. 4. The amount to be paid by the School District as specified in Paragraph 2 herein shall be payable for the 2014 -2015 school year upon approval of this Agreement by both parties. S. This Agreement is effective for the 2014 -2015 school year. Upon the expiration of the 2014 -2015 school year, this Agreement shall automatically terminate. 6. Each party shall be liable for the acts and omissions of its own agents and employees and not the acts and omissions of the other party's agents and employees. The parties' liability shall be limited by the provisions of the Municipal Tort Claims Act, Minn. Ch. 466 or other applicable law, 7. The parties agree that all government data collected, shared or received as a result of the parties' duties under this Agreement shall be handled and maintained in accordance with all applicable federal, state and local laws, rules and regulations governing government data, including, but not limited to the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. The parties understand and agree that any sharing of data between them must occur in accordance with the law governing the dissemination of data, including, but not limited to, specific laws and governing the sharing of data on students and minors. INDEPENDENT SCHOOL DISTRICT NO. 196: By: Rob Duchscher Its: Chairperson By: Gary Huusko Its: Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this _ day of 2014, before me a Notary Public within and for said County, personally appeared ROB DUCHSCHER and GARY HUUSKO, to me personally known, who each being duly sworn by me, did say that they are the Chairperson and Clerk of Independent School District No. 196 and that said instrument was signed and sealed on behalf of said School District by authority of the School Board and said Chairperson and Clerk acknowledged said instrument to be the free act and deed of the School District. Notary Public CITY OF EAGAN: By: Mike Maguire Its: Mayor By: Christina Scipioni Its: City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ) On this _ day of , 2014 before me a Notary Public within and for said County, personally appeared MIKE MAGUIRE and CHRISTINA SCIPIONI to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA Approve contract with Velocity for a fiber rental agreement for a temporary connection Action To Be Considered: Approve contract with Velocity for a fiber rental agreement for a temporary connection. Facts: ➢ Dakota County and Velocity Telephone contacted the City in July to request 4 dark fibers to interconnect Velocity's network to Dakota County's network. ➢ This agreement is in place for a minimum of six months, and then will be a month -to -month agreement until the County, Velocity and the City work on a permanent long -term solution. ➢ The City will spend $4,374.20 to splice this connection, draft this agreement and engineer the project from start to finish. Velocity will pay the City this amount up front prior to any work being completed. ➢ The City will gain revenues of $3,120 for the first six months of service and $520 per month for any services after the initial six month term. ➢ This fiber will be interconnected from the corner of Eagandale Boulevard /West Service Road and Crestridge Lane /Pilot Knob Road. This distance is approximately 2.6 miles and will use 4 strands of AccessEagan fiber. An interconnect will be made with Velocity at Eagandale Blvd /West Service Road. An interconnect will be made with the County at Crestridge Lane /Pilot Knob Road. Attachments: (0) To view the proposed contract please contact the City Administrator's office. Agenda Information Memo August 4, 2014 Eagan City Council Meeting CONSENT AGENDA K. Approve Service Agreement with Dakota Electric Association — Central Maintenance Facility Action To Be Considered: Approve a Service Agreement with Dakota Electric Association (DEA) for the Central Maintenance Facility backup power generation equipment, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ The Central Maintenance Facility (CMF) and Campus house the majority of the City's Public Works /Parks maintenance equipment, the north water treatment plant, three municipal water wells, and a pumping station. ➢ A CMF campus backup power generator and associated switchgear were programmed for 2014 in the City of Eagan's 5 -Year Capital Improvement Program (Part 111 2014-2018) approved by the City Council on June 4, 2013. ➢ On August 5, 2013, Council awarded contract 14 -02 (Central Maintenance Campus - Generator) to PowerSecure Inc. in the amount of $1,055,195.00 to provide and install a generator and associated switchgear. ➢ To utilize the power generation equipment, participate in DEA's peak control program, and receive the reduced electric rate (schedule 70), the City must enter into a service agreement with DEA. ➢ The service agreement with DEA is similar to those for the South Treatment Plant and City Hall generators. The agreements have been reviewed by Public Works staff and the City Attorney, and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo August 4, 2014 Eagan City Council Meeting CONSENT AGENDA L. Contract 14 -14, Cedar Grove Parking Garage & Redevelopment District Facility Management Services Action To Be Considered: Receive the proposal responses for Contract 14 -14 (Cedar Grove Parking Garage and Redevelopment District - Facility Management Services) and award the contract to Cornerstone Parking for the Base Bid in the amount of $289,843.54, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -14 provides for a one -year contract for facility management and maintenance services for the Cedar Grove Parking Garage, located at 3950 Eagan Outlets Parkway, scheduled to be open to the public on August 13, 2014. Landscape and winter maintenance services would also be provided for the Redevelopment District. The contract would provide a high level of service for winter maintenance of trails and sidewalks providing access to the Twin Cities Premium Outlets Center and landscape maintenance of City owned property and entry monuments. ➢ The selected proposer will work under the direction of City staff. The Facility Manager will provide services within the Cedar Grove Parking Garage and Redevelopment District that will include, but not be limited to cleaning, snow removal, electrical, painting, safety equipment, signs, structural inspection and exterior /landscape control for a one year period, with contract provisions for periodic review by the City and termination of the contract, if warranted. ➢ Requests for Proposals were sent by City staff to six potential contractors capable of performing the required facilities management for the parking garage. ➢ Although interest was expressed by multiple contractors who engaged staff in detailed discussions about the desired services, only one proposal was received for Council consideration over an extended period for submittal. ➢ The proposal received was reviewed for compliance with the Request for Proposal specifications and accuracy on price. The bid from Cornerstone Parking has been reviewed by Public Works (Engineering) staff and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo August 4, 2014 Eagan City Council Meeting CONSENT AGENDA M. Contract 14 -16, Blackhawk School Stormwater Management Action To Be Considered: Approve Change Order No. 1 to Contract No. 14 -16 (Blackhawk Middle School Stormwater Management) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -16 provides for the enhancement of water quality treatment capabilities of stormwater Pond BP -29.6, southeast of the intersection of Deerwood Drive and Rocky Lane in the northeast corner of the campus of Blackhawk Middle and Deerwood Elementary Schools. Improvements include an iron - enhanced sand filter system along the pond's edge and sediment removal at the pond's inlet. ➢ The iron - enhanced sand filter will remove dissolved phosphorus from stormwater that enters the pond from a 26 -acre drainage area of the schools. Sediment removal will increase the storage and treatment volume of the pond. ➢ Contract 14 -16 is an integral part of the 2013 -2016 Blackhawk Lake Protection Project, which will enhance community stewardship of lakes and watersheds by implementing activities and improvements at Independent School District (ISD) 196 schools for the benefit of Blackhawk Lake. On May 1, 2013, the Minnesota Pollution Control Agency (MPCA) awarded the City of Eagan a $46,500 grant for the Project, which is estimated at a total cost of $106,750. ➢ On July 15, 2014, the City Council awarded the base bid for Contract 14 -16 for these improvements to Minnesota Dirt Works in the amount of $28,845, (30.4% or $12,600 below the engineer's estimate). ➢ Change Order No. 1 provides for improvements to an additional pond (Pond BP- 29.61) on the west side of the Black Hawk Middle School and Deerwood Elementary Campus. Improvements would include restoration of stormwater treatment capacity, outlet modification, and site restoration. ADD $10,860.00 The cost of the additional work is consistent with bid prices received for relevant bid items on other projects within the city and region. ➢ The change order provides for an additional cost of $10,860.00 (37.6% of original contract). The cost of the additional work under the change order will be the responsibility of the City's Utility Fund 1127 (Water Quality). ➢ The change order has been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo August 4, 2014 Eagan City Council Meeting C��7►i►��1►�LT ► � e N. Town Centre 10015Y/12th/ Eagan Place 4th Additions Easement Vacation Action To Be Considered: Receive the petition to vacate public drainage and utility easements on Lot 1, Block 1, Town Centre 100 First Addition, Outlot A, Town Centre 100 Twelfth Addition, and Lot 2, Block 1, Eagan Place 4th Addition, and schedule a public hearing to be held on September 2, 2014. Facts: ➢ On July 29, 2014, City staff received a petition from Mr. Mark Anderson (Sambatek Engineering), representing the property owner, Wayne Hoovestol, requesting the vacation of existing drainage and utility easements on Lot 1, Block 1, Town Centre 100 First Addition, Outlot A, Town Centre 100 Twelfth Addition, and Lot 2, Block 1, Eagan Place 4th Addition, all located on the former Blue Cross/ Blue Shield property, south of Yankee Doodle Road and west of Lexington Avenue in central Eagan. ➢ The purpose of the request is to allow the final subdivision and recording of a final plat of the properties for the proposed CityVue Commons Addition as a high density residential and commercial development. ➢ The request would vacate the existing drainage and utility easements on the properties. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The final plat of CityVue Commons Addition will address and incorporate all necessary public drainage and utility easements on this property. ➢ The approval of the plat for the CityVue Commons Addition is scheduled for Council consideration on September 2, 2014. ➢ 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) CN -1 Location Map CN -2 Legal Description Graphic 494 0 z F- 0 -1 I T FL I� MENDOTA HEIGHTS ,44/ 411, W'74 ui LU Z 0 F- (D Z W -j LONE OAK RD. EAS EMENT .' VACATION LOCATION YANKEE DOODLE RD. t1i Proposed Easement Vacation Location Map Town Centre 100 First Add., Town Centre 100 City of Baran Twelfth Add. & Eagan Place 4th Add. DIFFLEY RD. Fig. 1 7/29/2014 - ► -+r— 6 �I b b N 1 IV8376'16 "yy 116,00 \I %fit %,I N /N•F- 111�t1I lI F• FI11t1r 1 1 I 11 1.^ LJ LJ I LJ L. 4_ 1 / ♦! I \ L/ LOT 1 'T f111IL 1 \r ^ ►.1'Tr r^ Il f1N r °Ir 1 1 1 IA 1�' 1 1�^ 1-, 1 1 h� h- 1 1 11 1 h• 1 M ! 1 1 ♦! 1/ 1 LJ L.. I r 1 1 1 L^ 1 I \/ I 11 / �! 1 > S00 42'09'E 52.00 N45 42'09 "W 28.28 1 >w eo 0 N45 42'09 "W /'39160 600'42 106 �' ? '7n nn FA BLOCK I m ti N tkSambatek www,sambatok.com Englneering I Surveying I Planning I Environmental 1 1 1111 I \I I \ h•'1 \1 1 Xt M• 11 F7; V h• \I Y 1 1 Y \! Lr I r l♦ L.. L 1 1 Y L_ INTERSTATE PARTNERS CITYVUE COMMONS EAGAN, MN EASEMENT VACATION 5 - •'T- °1- LA 4 LA♦ ^fir LiJ Ah • L 111 Ate- iJ � ^3 L1J f 1 fyI F -^ •... \_I L..J .5> LJ._ f ^r r�r \ r- Y1 , N 1 h VJ L_ I r 1 1 1 L_ 1♦ \I 1111,0111 A r♦ r) 1 ^1- I J♦ L 1 1 !t 1 11 II I 11 11N 1 � I LJ Lr l I I �� I r `DENOTES DRAINAGE AND UTILITY EASEMENT TO BE VACATED 11 1, NORTH o 100 SCALE IN FEET Designed; Exhibit Number Drawn: Jce Approved: MFH Issued: 7/29/2014 Rev,: Date; Project No, INT19864 'I "J %'0.42'09 "E i 45.12 4i N c �Y g CD OUTLOT A BLOCK so3001421091' C 15,00 / -r Ia1a 1 41%r-►I-fr1 r_ 1 J 1 1111 1"1 I h- 1�1 1 hf h- .^ 1 �/ ♦ r l r ♦1 L_ I r 1 1 1 L_ LiJ "i• -. 5.42 ~ 8 'i��j1 A f♦ I\ -Y- 1 a I I•- 1 1° -1- 1 1 LOT 2 ,' -" U L1 i 1 1 :. i`d f \J f ^1 LL^ L_J i IJ'1 I't'I Owl m ti N tkSambatek www,sambatok.com Englneering I Surveying I Planning I Environmental 1 1 1111 I \I I \ h•'1 \1 1 Xt M• 11 F7; V h• \I Y 1 1 Y \! Lr I r l♦ L.. L 1 1 Y L_ INTERSTATE PARTNERS CITYVUE COMMONS EAGAN, MN EASEMENT VACATION 5 - •'T- °1- LA 4 LA♦ ^fir LiJ Ah • L 111 Ate- iJ � ^3 L1J f 1 fyI F -^ •... \_I L..J .5> LJ._ f ^r r�r \ r- Y1 , N 1 h VJ L_ I r 1 1 1 L_ 1♦ \I 1111,0111 A r♦ r) 1 ^1- I J♦ L 1 1 !t 1 11 II I 11 11N 1 � I LJ Lr l I I �� I r `DENOTES DRAINAGE AND UTILITY EASEMENT TO BE VACATED 11 1, NORTH o 100 SCALE IN FEET Designed; Exhibit Number Drawn: Jce Approved: MFH Issued: 7/29/2014 Rev,: Date; Project No, INT19864 Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA O. Accept The Resignation Of Richard Arneson From The Energy And Environment Advisory Commission And Appoint Alternate Aditya Jayam Prabhakar To Complete The Term In Place Of Richard Arneson Action To Be Considered: To accept the resignation of Richard Arneson from the Energy and Environment Advisory Commission and to appoint alternate Aditya Jayam Prabhakar to complete the term in place of Richard Arneson. Facts: ➢ Richard Arneson was appointed to a two year term on the Energy and Environment Advisory Commission 2014, which would have expired in April 2016. ➢ Due an unplanned medical situation Mr. Arneson tendered his resignation effective July 17, 2014. ➢ Energy and Environment Advisory Commission alternate Aditya Jayam Prabhakar is available to complete the term in place of Richard Arneson. Attachments: (1) CO -1 Letter of Resignation To; Dianne Miller City of Eagan- Assistant City Administrator Juli Johnson -Staff Contact From; Richard A. Arneson- (Appointee) Energy & Enviroment Advisory Commission Due to unplanned medical situations now scheduled for August of this year, I will not be able to participate as needed & required in the work of this Commission. Thank you for your consideration in this matter, but demands & needs of the months ahead will fill up my time. Yours Truly, Dick Arneson Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA P. Approve A Resolution To Accept A Donation For The Puppet Wagon Show From Edible Arrangements Action To Be Considered: To approve a Resolution to accept a Donation of Pineapple Pops from Edible Arrangements in Eagan valued in the amount of $60.00. Facts: ➢ Edible Arrangement of Eagan approached staff about donating 25 fresh Pineapple Pops to the audience members on July 25, 2014, a value of approximately $60.00. ➢ The Puppet Wagon is a summer program that provides free mobile entertainment in Eagan Parks from June 9- August 15, Monday through Friday Mornings. ➢ Over 3,000 audience members have attended the Puppet Wagon to date this summer. Attachments: (1) CP -1 Resolution CITY OF EAGAN RESOLUTION TO APPROVE A RESOLUTION TO ACCEPT A DONATION FROM EDIBLE ARRANGEMENTS. WHEREAS, Eagan Parks and Recreation offers puppets shows to the community; and WHEREAS, Edible Arrangements, has expressed an interest in partnering with Eagan Parks & Recreation to support the Puppet Wagon; and WHEREAS, Edible Arrangements has donated pineapple pops to the participants at the puppet show valued at $60.00; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the donation from Edible Arrangements to support Eagan Parks & Recreation. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of August, 2014. City Clerk Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA Q. Authorize Application Of A Grant From The Minnesota Association For Volunteer Administration (MAVA) Small Grant For Starting Or Enhancing A City Volunteer Program. Action To Be Considered: Authorize the submission of a grant application to the Minnesota Association for Volunteer Administration (MAVA) for a Small Grant to Start or Enhance A City Volunteer Program. Facts: ➢ The City of Eagan was made aware of a MAVA grant for Minnesota cities. ➢ Four Minnesota cities will be chosen from all grant applicants to participate in a volunteer development program. Chosen cities will be notified on August 27, 2014. o Staff from selected cities will make up a cohort group to share challenges, opportunities and successes between September 2014 and August 2015. This initiative is part of a Community Innovation grant from the Bush Foundation. ➢ Benefits of grant funding according to MAVA includes: o $2,000 cash grant towards starting or enhancing a city volunteer program. o Receive two registrations to attend the MAVA The Volunteer Impact Leadership Training Series and other full or part day workshops MAVA offers during the grant period at no cost. o Receive up to four hours of MAVA consulting time for Eagan's volunteer program. o Contribute to developing best practices for engagement of volunteers by the City of Eagan. o Gain visibility for the City of Eagan for innovations in engagement of volunteers by cities. ➢ Grant proposal is due August S, 2014. Grant starts September 1, 2014 and wraps up August 30, 2015. Attachments: (0) Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA R. Project 07 -0, Marsh Cove Final Acceptance Action To Be Considered: Acknowledge the completion of Project 07 -0 (Marsh Cove — Street and Utility Improvements) and authorize perpetual City maintenance subject to warranty provisions. Facts: ➢ Marsh Cove is a single- family subdivision in southeast Eagan that consisted of site grading and the installation of public improvements, including sanitary sewer, a sanitary lift station, water main, storm sewer, and street construction. This construction activity was all performed privately by the developer under the terms and conditions of the development contract agreement. ➢ The improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action for acceptance for perpetual maintenance subject to warranty provisions. Attachments: (0) Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA S. 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 August 20, 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 August 20, 2014 at 3810 Lexington Avenue South. Facts: ➢ All Saints Lutheran Church has requested a temporary on -sale beer license be issued to it fora 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) CS -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: August 20th Community Gathering Rate: June 17, 2014 All Saints Lutheran Church, 3810 Lexington Avenue South, is planning a Community Gathering following the church's Wednesday, August 20th Worship Service. The event is planned as a wrap up event for the summer programming. The Eagan 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 August 4, 2014, Eagan City Council Meeting CONSENT AGENDA T. Approve Exempt Permit for the Eastview Community Foundation to hold a raffle on September 28, 2014 at the Eagan Community Center Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Eastview Community Foundation to conduct a raffle on September 28, 2014 at the Eagan Community Center, 1501 Central Parkway. Facts: ➢ The Eastview Community Foundation has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CT -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EASTVIEW COMMUNITY FOUNDATION WHERAS, the Eastview Community Foundation has applied for an Exempt Permit to conduct a raffle on September 28, 2014; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Eastview Community Foundation to conduct a raffle on September 28, 2014 at 1501 Central Parkway. Motion by: Seconded by: Those in favor: Those against: Date: August 4, 2014 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 4th day of August, 2014. City Clerk Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA U. Schedule public hearing date for September 2, 2014 to certify delinquent utility bills Action To Be Considered: To schedule a public hearing for September 2, 2014 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. Facts: ➢ On a semi - annual basis, the City reviews and considers delinquent utility bills for certification to property tax statements for collection. ➢ Additional information will be provided at the time of the public hearing. Attachments: (0) Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA V. Reschedule the August 14, 2014 Special City Council start time from 8:45 a.m. to 8:00 a.m. Action To Be Considered: To reschedule the August 14, 2014 Special City Council meeting start time from 8:45 a.m to 8:00 a.m. Facts: ➢ The purpose of the August 14, 2014 Special City council meeting is to canvas the ballots from the primary election on August 12, 2014. ➢ Due to events associated with the grand opening of Twin Cities Premium Outlet Mall, the meeting time is proposed to start at 8 a.m. Agenda Information Memo August 4, 2014 Eagan City Council Meeting CONSENT AGENDA W. Approve Interconnection /Transformer Agreement with Dakota Electric Association — Central Maintenance Facility Action To Be Considered: Approve an Interconnection and Transformer Agreement with Dakota Electric Association (DEA) for the Central Maintenance Facility backup power generation equipment, and authorize the Mayor and City Clerk to execute all related documents. Facts: The Central Maintenance Facility (CMF) and Campus house the majority of the City's Public Works /Parks maintenance equipment, the north water treatment plant, three municipal water wells, and a pumping station. ➢ A CMF campus backup power generator and associated switchgear were programmed for 2014 in the City of Eagan's 5 -Year Capital Improvement Program (Part 111 2014-2018) approved by the City Council on June 4, 2013. ➢ On August 5, 2013, Council awarded contract 14 -02 (Central Maintenance Campus - Generator) to PowerSecure Inc. in the amount of $1,055,195.00 to provide and install a generator. ➢ To utilize the power generator, a transformer must be utilized to connect the generator to the electrical cable, switchgear, and associated equipment. The City must enter into an agreement addressing the electrical interconnection and ownership and maintenance of this transformer and the associated equipment. ➢ The interconnection and transformer agreement with DEA is similar to those for the South Treatment Plant and City Hall generators. ➢ The agreement has been reviewed by Public Works staff and the City Attorney, and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo August 4, 2014, Eagan City Council Meeting CONSENT AGENDA X. Schedule public hearing date for September 2, 2014 to certify delinquent nuisance abatement bills Action To Be Considered: To schedule a public hearing for September 2, 2014 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. Facts: ➢ On a semi- annual basis, the City reviews and considers delinquent nuisance abatement bills for certification to property tax statements for collection. Nuisance abatement bills include fees for false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree removal. ➢ Additional information will be provided at the time of the public hearing. Attachments: (0) Agenda Information Memo August 4, 2014 Eagan City Council Meeting PUBLIC HEARING A. Lot 2, Block 1, Eagandale Office Park 5th Addition Easement Vacation Action To Be Considered: Close the Public Hearing and continue action on the vacation of drainage and utility easements located on Lot 2, Block 1, Eagandale Office Park 5th Addition to coincide with action on the proposed Eagandale Office Park 6th Addition final subdivision and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On June 18, 2014, City staff received a petition from Ms. Arnie Heddle, representing Eagandale Properties LLC, requesting the vacation of existing drainage and utility easements on Lot 2, Block 1, Eagandale Office Park 5th Addition. The parcel is located south of Corporate Center Drive and north of Corporate Center Curve in north - central Eagan. ➢ The purpose of the request is to allow the recording of a final plat of the property for the proposed Eagandale Office Park 6th Addition as a commercial /industrial development. ➢ The request would vacate the existing drainage and utility easements on the property. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The proposed final subdivision and plat of Eagandale Office Park 6th Addition will address and incorporate all necessary public drainage and utility easements on this property. The Final Subdivision has yet to be scheduled for future Council consideration. ➢ This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action. Attachments: (2) PHA -1 Location Map PHA -2 Graphic CITY F E Proposed Easement vacation Location Map iii} �i' ��` Lots 2, BlkA, Ea andale, Office Park 5th .add. Fig. 1 V=2013 494 ?f EADOT1 HEIGH M EASEMENT VACATION LTI ON LONE OAK RD. I W 0., i F7 YANKEE DOODLE FAD. .3 t I I, - DIFFLLY: RCS. - LLI LLI CITY F E Proposed Easement vacation Location Map iii} �i' ��` Lots 2, BlkA, Ea andale, Office Park 5th .add. Fig. 1 V=2013 7 N P O � 0 II -� t E 4.1 0 0 / 5563 � b ^ / 3SL�thK -\ \ m • U � e00 / h°j � ` `�` o °Q° <o� _-- SIT'". -•-} MS1;9f1M - �mh ;�t �d�� \ � V ° V , \ �w - - -- l 1 ILL cr 11 � � 1 or 4 11 1. I LLJ Q y:e 1 , W d L( W N W C: cc f l �• ca 3w< s' a)OQ m w I I II °o ~� I to I I 1° Q LL! =� W to Y OL 1 '. ' II a W V co 00 U LO O � � O �LLO Z w¢ m E N Q z V E II I i .0 �ZZ< E❑ rn I I; I •- I ® (0 U W (go ,.1..'-6l'9L Z _ O Eta, t6 O ® I � O j I ...� �6 ykA, ��ii N N Q c 0 - -�� `°° ma cc �0 �� r- c w CO cm CO co 09 I LL ` O QO O ? d N Agenda Information Memo August 4, 2014 Eagan City Council Meeting PUBLIC HEARING B. Conditional Use Permit and Variance — Hoyt Properties Actions To Be Considered: To approve (or direct Findings of Fact for Denial) a Conditional Use Permit (CUP) to allow outdoor storage of steel poles, storage pallets, small trailers, repair equipment and 2 roll off dumpsters at 3771 Sibley Memorial Hwy, subject to the conditions listed in the APC minutes. To approve (or direct Findings of Fact for Denial) a Variance to allow parking at the property line, for property located 3771 Sibley Memorial Hwy, subject to the conditions listed in the staff report. Required Vote For Approval: Majority of Council Members Present Facts: ➢ The parcel is zoned Limited Industrial (1 -1) and surrounded by I -1 properties; residential uses exist east of Highway 13. The storage area is adjacent to the 1 -1 parcels. A 31,000 SF building exists on the 4 acres property with access to Seneca Rd. Conditional Use Permit: ➢ A 4,000 SF outdoor storage area exists on the north side of the building and is used by a tenant to periodically store items associated with the maintenance and repair of their cellular towers. ➢ The proposed outdoor storage occurs in the side yard and appears to meet the outdoor storage requirements. ➢ The Advisory Planning Commission (APC) held a Public Hearing on June 24, 2014 and did recommend approval. Variance: ➢ City Code requires a 20 ft. parking setback from right -of -way. Presently, the asphalt extends into the right -of -way (ROW) and parking is at the property line. ➢ The applicant proposes removal of the asphalt from the ROW; however, due to the existing building and parking lot configuration, intends for the nine stalls adjacent to Seneca to remain in their same location. ➢ An additional seven stalls are proposed along the north side of the parking lot to provide a total of 34 parking stalls on the site. Issues: The building is located on one lot which has two separate tax parcels. Staff has added a condition of approval to ensure the replat occurs yet this year. ➢ A condition of the CUP approval includes that the building be readdressed as access is from Seneca Rd to assist emergency responders. Staff has been made aware the building signage has already changed. The monument sign will need to be updated as well. 60 -Day Agency Action Deadline: CUP — Waived/ Variance — September 7, 2014 Attachments: (6) PHB -1 Location Map PHB -2 June 24, 2014 APC minutes PHB -3 Staff Report -CUP PHB -4 Exhibits -CUP PHB -S Staff Report -VAR PHB -6 Exhibits -VAR 4�rJ W -Q 4Ca v 0 V 0 J 2 ca �L O C� G .Q r" M E m Z V d O L CL rt� a N C O U NCD at .a' r L6 C LO O U ti Z d N m U O e° 3 O1 U, J�j N 3 0 7 E m K L U ° i g ° x (iVO?J NMtlHNOY18 a o °� CLtmo m > y ao nae a dis - � R E Qi a a d .Q^ e 1/. ml � O dP � d ObOb 3Ntll i1301tl 1'yb >d RO R7 OJ U) �Rd e titi�� C C N v 9 <1Z N LLO U- O O CV m 0 N O CO 8 N W C m Q m' a v ° J ® O O LO O e° 3 O1 U, J�j N 3 0 7 E m K L U ° i g ° x (iVO?J NMtlHNOY18 a o °� CLtmo m > y ao nae a dis - � R E Qi a a d .Q^ e 1/. ml � O dP � d ObOb 3Ntll i1301tl 1'yb >d RO R7 OJ U) �Rd e titi�� C C N v 9 Advisory Planning Commission June 24, 2014 Page 2 of 4 IV. PUBLIC HEARING New Business A. Hoyt Properties, Inc. Applicant Name: Hoyt Properties, Inc. Location: 3771 Sibley Memorial Hwy Application: A Conditional Use Permit to allow outdoor storage of steel poles, storage pallets, small trailers, repair equipment and 2 roll off dumpsters. File Number: 14- CU- 05 -05 -14 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated June 16, 2014, including issues raised by the neighboring property owner. Chair Filipi asked if the site would be adequately parked with the removal of the stall adjacent to the street. Planner Thomas stated parking stalls would need to be added elsewhere. Member Dierkes asked if open -top dumpsters are allowed and if any thought had been given to covering them. Jim Kellison, representing Hoyt Properties, stated they can manage the outdoor storage and the conditions of approval placed on the permit. He went on to say that the property is in bankruptcy; further, the nonconformities of the site have existed for decades and their position is the nonconformities can remain. He also stated that due to bankruptcy situation, no funds exist for improvements of that magnitude. Chair Filipi opened and closed the public hearing as no one from the public chose to speak Vice Chair Vanderpoel asked what circumstances brought this item before the APC. City Planner Ridley stated a zoning enforcement case was the genesis. Secretary Piper asked City Attorney Bauer about the nonconforming situation. Bauer explained that the situation does not represent a legal nonconformity. Secretary Piper asked about the proposed fencing, site lines and trash escaping the site. Planner Thomas explained outdoor storage is not required to be screened from neighboring industrial properties and that the owner is required to make sure trash /debris is stored properly. Secretary Piper moved approval, Member Sagstetter seconded the motion, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall replat the parcels into one lot prior to December 31, 2014. Advisory Planning Commission June 24, 2014 Page 3 of 4 3. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan and as described in the applicant's narrative both received on June 4, 2014. 4. The storage area shall be maintained in an orderly fashion. 5. The applicant shall remove the existing parking lot asphalt from the public right -of -way and establish the parking lot setback of 20 feet; install concrete curb and gutter along the perimeter of the new parking lot boundary, and restore the boulevard, in a manner acceptable to the City Engineer prior to December 31, 2014. The applicant shall obtain a right -of -way permit from the City prior to performing any work within the right -of -way. 6. The applicant shall also restripe the parking lot with parking stalls in accordance with City Code requirements prior to December 31, 2014. 7. The address shall be changed to Seneca Road at the time of Final Plat and the owner shall work with City staff to determine an appropriate address for the building. 8. The storage area shall be fenced and continuously screened from the right -of -way. The fence and screening shall be kept in a good and undamaged condition. Before the motion was called, Secretary Piper stated his belief that giving the property owner until the end of the year to meet conditions 5 & 6 was generous and he was not in support of extending the compliance date. Vice Chair Vanderpoel stated due to the bankruptcy issue she did not believe shortening the timeframe for improvements was necessary and would only exacerbate the issue. Chair Filipi stated the APC needed to evaluate the land use issue. All voted in favor. Motion carried 6 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: June 16, 2014 APPLICANT: Hoyt Properties, Inc PROPERTY OWNER: Fenton Sub Parcel A, LLC REQUEST: Conditional Use Permit LOCATION: 3771 Sibley Memorial Hwy CASE: 17- CU- 05 -05 -14 HEARING DATE: June 24, 2014 APPLICATION DATE: May 21, 2014 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit (CUP) to allow outdoor storage of steel poles, storage pallets, small trailers, repair equipment and 2 roll off dumpsters, located 3771 Sibley Memorial Hwy. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — Hoyt Properties CUP June 24, 2014 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND /HISTORY The 4 acre site contains an existing 1 story building approximately 31,000 square feet in size. The building is located on one lot which has two separate tax parcels. The applicant has stated they will replat the property to rectify the non - conformity in October 2014. EXISTING CONDITIONS Access to the site is provided from three driveways onto Seneca Road; however, the property address is Sibley Memorial Hwy. This creates confusion and difficulty for emergency responders. Therefore, the applicant must change the address to Seneca Road, based upon access to the property. Also, to clarify tenant location for emergency responders, the building owner should provide individual suite numbers for each tenant. The parking lot and drive aisles are surfaced with bituminous asphalt that extend into the public right -of -way (ROW). This non- conformity has been addressed with the property owner since 2011. The owner worked with city staff to reduce the non - conformity by restriping Planning Report — Hoyt Properties CUP June 24, 2014 Page 3 the stalls; however, the layout does not meet the 20 ft. setback from public ROW and the owner has yet to remove the pavement in the ROW. These non - conformities must be rectified. A grading permit is required for the work in the ROW. SURROUNDING USES The site is surrounded on all sides by property zoned and guided for industrial uses but for a townhome complex, zoned R -3, to the east across Sibley Memorial Hwy. EVALUATION OF REQUEST Compatibility with Surrounding Area — The surrounding area west of Sibley Memorial Hwy. is largely industrial uses. Across Sibley Memorial Highway to the east are residential townhomes. The outdoor storage is on the west side of the property, facing the industrial parcels. Site Plan — A 4,000 sq. ft. outdoor storage area exists on the north side of the building. According to the applicant's narrative, "T- Mobile (a tenant within the building) uses the fenced storage area to periodically store items associated with the maintenance and repair of their cellular towers ". Outdoor Storage Requirements — Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I -1) and general industrial (I - -2) zoning districts, the enclosure may be detached from the principal building. A six foot chain link fence is proposed along the perimeter of the storage area with a gate to provide security. Barbed wire is proposed atop the fence. 2. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. This standard is satisfied. The storage area is located in a side yard that meets setback requirements. Planning Report — Hoyt Properties CUP June 24, 2014 Page 4 3. The outdoor storage area shall be screened from view from the public right -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The applicant's narrative states they will be installing a 6' high, green privacy wind screen to meet this requirement. This type of product has been utilized for screening in other industrial areas. 4. The storage area shall not interfere with any pedestrian or vehicular movement. This standard is satisfied. The proposed storage area should not adversely affect pedestrian or vehicular movement. The parking area and main building entrance are separate from the proposed outside storage area. S. The storage area shall not take up required parking spaces or landscaping areas. This standard is satisfied. The parking lot is separate from the proposed outside storage area. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. This standard is satisfied. The storage area is surfaced with bituminous asphalt. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections or modifications to utilities are proposed with this application. Streets /Access /Circulation — The site has three existing driveway entrances onto Seneca Road. The existing parking lot is currently paved up to the back of the curb along Seneca Road. City Code requires a minimum parking lot setback of 20 feet from the property line (the required setback is approximately 27 feet behind the curb). The original parking lot was set back from Seneca Road, but historical air photos are not clear enough to determine the original setback distance, or when the pavement was extended to the street. However, an air photo from 2000 shows the parking lot was paved all the way to the street. The City's Code Enforcement staff has been working with this property to remove the parking lot in the right -of -way and setback area since at least 2011; however, the issue has not yet been resolved. The applicant should move the existing parking lot out of the right -of -way and parking lot setback, install concrete curb and gutter along the perimeter of the new parking lot boundary, and restore the boulevard, in a manner acceptable to the City Engineer. The applicant should also restripe the parking lot with parking stalls in accordance with City Code requirements. The applicant should obtain a right -of -way permit from the City prior to performing any work within the right -of -way. Planning Report — Hoyt Properties CUP June 24, 2014 Page 5 Wetlands — There are no wetlands on site, therefore, City Code § 11.67, wetland protection and management regulations, does not apply. Water Quality /Storm Water Drainage — The applicant does not propose an increase to the amount of existing imperious surface. Therefore, City Code §4.33 Post - Construction Requirements do not apply. Financial Obligation — At this time, there are no pending assessments on the parcel. SUMMARY /CONCLUSION Hoyt Properties, Inc. is requesting a Conditional Use Permit (CUP) to allow the outdoor storage of equipment associated with maintenance and repair of cellular towers. While the outdoor storage requirements appear to be satisfied, the site is non - compliant with the 20 ft. parking lot setback requirement from public right -of -way. The property also consists of two tax parcels. These issues should be rectified regardless of the CUP but are addressed in the conditions of approval. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit (CUP) for outdoor storage of steel poles, storage pallets, small trailers, repair equipment and 2 roll off dumpsters, located 3771 Sibley Memorial Hwy. If approved, the following conditions should apply: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The applicant shall replat the parcels into one lot prior to December 31, 2014. The outdoor storage shall be limited to the storage of the items, quantities and locations set forth on the Site Plan and as described in the applicant's narrative both received on June 4, 2014. 4. The storage area shall be maintained in an orderly fashion. 5. The applicant shall remove the existing parking lot asphalt from the public right -of -way and establish the parking lot setback of 20 feet; install concrete curb and gutter along the perimeter of the new parking lot boundary, and restore the boulevard, in a manner acceptable to the City Engineer prior to December 31, 2014. The applicant shall obtain a right -of -way permit from the City prior to performing any work within the right -of -way. 6. The applicant shall also restripe the parking lot with parking stalls in accordance with City Code requirements prior to December 31, 2014. Planning Report — Hoyt Properties CUP June 24, 2014 Page 6 7. The address shall be changed to Seneca Road at the time of Final Plat and the owner shall work with City staff to determine an appropriate address for the building. 8. The storage area shall be fenced and continuously screened from the right -of -way. The fence and screening shall be kept in a good and undamaged condition. LAJ uj (i LU � S-al "IR @X--7T ca I !3 r Yll Xx Hudson page no..__..___.�. Hudson grid no.- ---__ Intersecting St �.., sir. cummrm ADDRESS CITY PHONE: (Huro} �UlQfa} R- E RECEIVED JUN 04 2014 FENCING DIAGRAM �:. :. ...._ ..... ....:. ...... ... . .......... .... ...:........ �......... .. ..... ' , 1 -"-... ....- .�a.��.•�.,..�a..,.e.___;. , ^..,w..,.,,... - .,.••mom ' i 'may 1 y i 1 �✓ ` .. i. '� - � �.'i 1. ...� �. )�I 4`\ � ...... 0 0 CL C] o a) a) ' C O O C14 u e E 1p O O uj E 'R T- L uj O N b W L S U w§ ) Q d 7 N o O .O e B G N C6 N ul u� co N 0 E C A V N fV E E O O N Y v 0 X X U1 O Z ¢ N U o n ®m m O O � � N N V CL O (tl ) 1s > 'o U u o iu H C a e c6 O z7 1] V (n 0 CL C] co 0 C e L In � o E m 0 a 4? N D C O O U C i a e lQ O N A ZD E (D E O vi E N o 5 O (0 v O L E e n O > T R f0 C 1- C N L C fn S N U C > tB L O m- Q O N Q O %+ L U N o O >` O N (D N N X O N N F LO � C Q1 X per, O O U E' �. N O. N O co') N O e ui 0 O. 0 N 'o CL a 4 C O C 0. o oO o C o o O to O- O Y w - m 4l.I f� V C O O to C) a: 0 0) r N O O rn ro m o rJJ o b !� fA •d O cu C G (0 N CL 0 ra y i O .O- O w s e e e e • • e • ®. d- o U m (D (U • s V (n S. C la ' O1 a C O O R > U C N 4 Q 7 [0 l0 O z 7 C M O c b 0) uj I ca U9 A w a.. w w D S. C la ' O1 a C O O R > U C N 4 Q 7 [0 l0 O z 7 C M O c b 0) uj I ca U9 A w a.. w w CONDITIONAL USE PEPIMIT SUBMITTAL RECEIVED JUN 0.4 2014 3771 Sibley Memorial highway A t- Hoyt Properties, Inc. is making application for a Conditional Use Permit for outside storage. The subject property is located at 3771 Sibley Memorial Highway, in Eagan Minnesota. The owner leased a space which has been vacant several years to T- Mobile engineering division. Prior to the owner's purchase, the property was owned by Duke, the space was formerly occupied by Pipeline Plumbing Supply. We assumed that outside storage was allowed since there was an existing secured fenced outside storage area connected to the demised premises on the North side. The fenced area is approximately 40 feet wide by 100 feet long and approximately 6 feet high with three bands of barbed wire extending an additional foot above that. There is an access gate on the NE side approximately 14 feet wide. The fence is constructed of chain links. We will be installing a 6' high, green privacy wind screen in order to screen the storage area from public view. The privacy screen is custom made by Midwest Cover in Chicago Illinois. The product name is Polypro 95, which is a 95 % closed -mesh polypropylene screen used where maximum privacy and view blocking is a requirement. We were planning on using a dark green color. The fabric is made from 100% Polypropylene. We are asking for the CUP so that the tenant will be legally allowed to use the fenced storage area. T- Mobile uses the fenced storage area to periodically store the following items associated with the maintenance and repair of their cellular towers: We will be storing the below items at various times of our tenancy. This list consists of but is not limited to the following: • Steel poles (cell tower repair supplies). • Storage pallets. • Small trailers, used for transporting generators. • Various repair equipment. • 2 roll off dumpsters to contain the disposal materials used in their business. The number of items vary from time to time We will be repairing the existing fence and adding screening so that the storage materials are not visible from the street. The property consists of one lot however, it is two separate tax parcels. We talked to Karen Sutton in the Dakota County Property Tax & Records Department and she informed us that we can combine the parcels into one parcel once the second half real estate taxes are paid. We will proceed to do that in October 2014. The Comprehensive Guide Plan designation is industrial and we are not asking for any proposed changes. The zoning classification is I -1 Limited Industrial and appears to be in an MSP Noise Buffer Zone. We are not asking for any changes to the zoning. The timing is immediate. The property is surrounded on three sides with industrial properties and bordered on the fourth with Highway 13. Existing land uses on the subject property are industrial. There is an existing industrial building of approximately 33,000 square feet on the 4.09 acre site. Surrounding zoning classifications are Industrial to the North and East. Industrial Planned Development to the West. Across Highway 13 to the South is R -3 and R-4 townhouses and multifamily residential zoning. Surrounding Guide Plan designations are Industrial, MD, HD and Retail. Please see the attached aerial photograph and survey to be used as an existing conditions plan and site layout showing adjacent buildings, streets landscaping, setbacks and easements. The fenced storage area is presently hard surfaced bituminous to control dust or erosion. There presently is some larger deciduous trees and evergreen trees screening the storage area from the buildings adjacent to the property on two sides. The third side is the existing building itself. The fourth side is gated and access is gained through the existing parking lot. We plan on adding screening to that side facing Seneca Road so that the storage materials will be screened from view from the street. We do not plan on any additional landscaping. The fenced storage area is not visible to Highway 13 or any residential property. Legal Description 3771 Sibley Memorial Hwy, Eagan, MN RECEIVED JUN 0'41014 That part of Lot 2, Block 1, Cedar Industrial Park (recorded October 16, 1967, Doc. No. 342503), lying Southerly of the following described line: Commencing (for the purpose of reaching the point of beginning of the line being described) at the Easternmost corner of said Lot 2; thence North 47 degrees 02 minutes 53 seconds West along the Northeasterly line of said Lot 2 a distance of 182.05 feet; thence Northwesterly and Northerly along a tangent curve concave to the East, having a radius of 180.0 feet and a central angle of 48 degrees 30 minutes a distance of 152.37 feet to the point of beginning of the line being described; thence Westerly to the Northerly corner of Lot 1, Block 1, said Cedar Industrial Park, and there terminating. (Abstract Property) HORIZ_'','-"`�- N F60DSERVICE EQUIPMENT June 17, 2014 Advisory Planning Commission c/o Community Development Department 3830 Pilot Knob Rd. Eagan, MN 55122 Re:Conditional Use Permit Hearing File Number: 17- CU- 05 -05 -14 Dear Commissioners, Tracy Smith President tracy @horizonequipment.com Horizon Equipment, LLC 1960 Seneca Road Eagan MN 55122 651.452 -9118 800.394.4674 651.454.6952 fax I am writing to express my opinion as a current land owner adjacent to 3771 Sibley Memorial Hwy, Eagan, MN who has applied for a conditional use permit allowing outside storage. I am strongly opposed to any outside storage located in the parking lot of 3771 Sibley Memorial Hwy. Over the past two years there has been continual storage of multiple dumpsters, multiple roll off dumpsters, piles of pallets, containers of junked computers and printers and what appears to be semi - trailers for storage all located outside the building. They are in the parking lot clearly visible from Seneca Rd, and frankly they are an eyesore to the neighborhood. Not only are they an eyesore but they are a nuisance with the trash that continually comes on our property. The roll off dumpsters are never covered and as a consequence the wind blows the contents across our property which I pay my help to clean up. We take pride in the neighborhood we are in and try to be a good neighbor. We work to keep it an attractive area for our customers to come to. It is obvious by the actions and display of garbage at the applicants location that they have no concern of how it looks or the effect it has on their neighbors. I have attached photos of the property and how they maintain the appearance and cleanliness of their property. These photos have been taken in just the last week at which time I would think they would have more concern knowing there was going to be a hearing in the next couple of weeks. Everyone else in the neighborhood has either had to keep their dumpsters and vehicles inside or construct a enclosure to restrict the view. The same should hold true for this property. Again as an adjacent property owner to 3771 Sibley Memorial Hwy I strongly urge the commission to recommend denial of the application due to the impact it has on my property and surrounding property owners. Regards, Tracy Smith R HO1Z'--- N ' � FOt��SERVICE EQUIPMENT Tracy Smith President tracy @horizonequipment.com Horizon Equipment, LLC 1960 Seneca Road Eagan MN 55122 651.452 -9118 800.394.4674 651.454.6952 fax Typically there has been two roll off dumpsters located in the front of subject building. Never covered and as you can see garbage surrounding the dumpster. HORIZI!�hN mr�, FUQDSERVICE EQUIPMENT Tracy Smith President tracy @horizonequipment.com Horizon Equipment, LLC 1960 Seneca Road Eagan MN 55122 651.452 -9118 800.394.4674 651.454.6952 fax Semi - trailer, small trailer, small delivery truck, dumpster, and wooden pallets on the ground behind dumpster — picture taken at 7:30am V : ..[q 11 toll 3"ia wl a \ N <<tr ��7�� ' ..[q 11 toll 3"ia wl a \ N <<tr FDDDSERVICE EQUIPMENT ' Tracy Smith President tracy @horizonequipment.com Horizon Equipment, LLC 1960 Seneca Road Eagan MN 55122 651.452 -9118 800.394.4674 651.454.6952 fax This is the view from the showroom of Horizon Equipment. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 31, 2014 APPLICANT: Hoyt Properties, Inc PROPERTY OWNER: Fenton Sub Parcel A, LLC Bowles Sub Parcel A, LLC REQUEST: Variance LOCATION: 3771 Sibley Memorial Hwy CASE: 17- VA- 08 -07 -14 HEARING DATE: August 4, 2014 APPLICATION DATE: July 10, 2014 PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I -1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a 20 foot setback Variance to allow parking at the property line, for the property located 3771 Sibley Memorial Hwy. 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 — Hoyt Properties Variance August 4, 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 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 imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance. BACKGROUNDMISTORY The 4 acre site contains an existing 1 story building approximately 31,000 square feet in size. The building is located on one lot which has two separate tax parcels. The applicant has stated they will replat the property to rectify the non- conformity in October 2014. EXISTING CONDITIONS Access to the site is provided at three points to Seneca Road. The parking lot and drive aisles are surfaced with bituminous asphalt that extend into the public right - of -way (ROW). This non - conformity has been discussed with the property owner since 2011. The owner worked with city staff to reduce the non- conformity by restriping the stalls away from the edge of the curb; however, the layout does not meet the 20 ft. setback from public ROW, thus the applicant has applied for the Variance. Planning Report — Hoyt Properties Variance August 4, 2014 Paae 3 SURROUNDING USES The site is surrounded on all sides by property zoned and guided for industrial uses but for a townhome complex, zoned R -3, to the east across Sibley Memorial Hwy. EVALUATION OF REQUEST Compatibility with Surrounding Area — The surrounding area west of Sibley Memorial Hwy. is largely industrial uses. Across Sibley Memorial Highway to the east are residential townhomes. The outdoor storage is on the west side of the property, facing the industrial parcels. Site Plan — A 31,000 square foot warehouse building is located on the property along with 27 parking stalls to serve the site. Based upon parking regulations for warehouse use, the site should have 40 parking stalls, thus the site is short 13 stalls; however, the parking was constructed prior to the City Code requirement. Proposal — The applicant proposes removal of the existing blacktop from the right -of -way (ROW), turf and curb installation, as well as restriping of all parking stalls. The asphalt located between the two existing western most concrete driveway aprons should also be removed from the ROW and be restored in a manner acceptable to the City Engineer. The five stalls along the south portion of the property are proposed to be relocated further west, outside of the ROW. The new location results in two stalls within the 20' setback requirement. Also, the applicant proposes to install seven parking stalls along the north property line to provide a total of 34 stalls on site. The applicant's memo states, "Even at the new level of parking at 34 stalls, the site does not meet the City ordinance requirements, but will serve the users of the building much better than the current layout." Streets /Access /Circulation — The site has three existing driveway entrances onto Seneca Road. The existing parking lot is currently paved up to the back of the curb along Seneca Road. City Code requires a minimum parking lot setback of 20 feet from the property line (the required setback is approximately 27 feet behind the curb). The original parking lot was set back from Seneca Road, but historical air photos are not clear enough to determine the original setback distance, or when the pavement was extended to the street. However, an air photo from 2000 shows the parking lot was paved all the way to the street. The City's Code Enforcement staff has been working with this property to remove the parking lot in the right -of -way and setback area since at least 2011. Planning Report — Hoyt Properties Variance August 4, 2014 Page 4 VARIANCE The Zoning Ordinance states that relief may be granted from a required ordinance provision where practical difficulties result from carrying out the strict letter of the regulations of such Code provision, provided "the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties." The Zoning Ordinance states that relief may be granted provided 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. The owner of the property is not the original developer /owner. To comply with setback requirements, the nine stalls adjacent to Seneca Road would need to be removed as well as two of the stalls along the southern edge of the parking lot. This would result in even less parking on the property, which is already short of the required amount. 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. Most properties are able to meet setback requirements. This is a unique situation and the current owner and staff are unaware of how the site was developed to allow parking in the current location. The exception or extraordinary circumstances do not result from the actions of the applicant. As previously mentioned, the current owner was not the original developer /owner. The seven new stalls proposed along the north property line will meet the 20 foot setback requirement. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or building sin the same district. The building and parking lot are existing and granting of the Variance would bring the site out of its nonconforming status. The variance requested is the minimum variance which would alleviate the practical difficulties. City staff suggested removal of the parking stalls that are in need of a Variance and adding more stalls along the north side of the parking lot where seven new stalls are proposed. According to the applicant, the available parking is tight based on the current tenancy. The loss of over 10 stalls would have a negative impact. The applicant has stated that due to existing topography and cost, other locations for parking stalls are not an option. The variance would not be materially detrimental to the purpose of this Code, or to other properties in the same zone. Although meeting the setback requirements is preferred, given Planning Report — Hoyt Properties Variance August 4, 2014 Page 5 the developed nature of the site, the proposal is an improvement over the existing condition. The property for which the variance is requested is otherwise in compliance with the City Code. The proposal meets this factor. APPLICANT'S PRACTICAL DIFFICULTIES The applicant's narrative states, "The property ... has been in its present condition since the original construction in the 1960's —as far as records show- with parking actually over the ROW line for most of those years." Further, the applicant explains the need for the Variance is due to the developed site conditions. SUMMARY /CONCLUSION The applicant is requesting a 20 foot setback Variance to allow parking at the property line. This would be an improvement as until recently, vehicles were parking within the ROW. While the owner worked with the City to provide a partial remedy to that situation, the asphalt is still located in the ROW and should be removed. ACTION TO BE CONSIDERED To recommend approval of a 20 foot setback Variance to allow parking at the property line, for the property located 3771 Sibley Memorial Hwy. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall install concrete curb and gutter along the perimeter of the new parking lot boundary, and restore the boulevard, in a manner acceptable to the City Engineer prior to December 31, 2014. The applicant shall obtain a right -of -way permit from the City prior to performing any work within the right -of -way. 3. The applicant shall restripe the parking lot with parking stalls in accordance with City Code requirements prior to December 31, 2014 as shown on the Site Plan received July 9, 2014. 4. The asphalt located between the two existing western most concrete driveway aprons shall also be removed from the right -of -way and be restored in a manner acceptable to the City Engineer prior to December 31, 2014. N d C � Z O d LL°° a O N ■ O = 0 co co 1A � ti c o > T W LLI a J O V d Z o m 4 ®; AF d M CL 4C 0 K F Y O b Z O U U a ptlOU NMVHN0Vl0 a oVOi1 NMVHNOVIB i � WK 0.oPO lonoaW. liNOOV C U 11 C� 1 B _ O o tl 10 d tl0 N. W 1 1113 i� V/ W . 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J V V-1 \ ?' �� C7 � -� .• / 6 611 ,`,�. V-1 P, A Ago r y jj , III III1I �lN July 9, 2014 City of Eagan City Council Reference: 3771 Sibley Memorial Hwy Parking Setback Variance Application 3025 Harbor Lane Suite 220 Plymouth, MN 55447 Office: 763.951.3217 Fax: 763.951.3217 Cell: 651.248.5211. jimlc ,kelco- services.com Hoyt Properties, Inc has applied for a variance to the 20 foot setback from a Right-of-Way for parking purposes. The property is located at 3771 Sibley Memorial Hwy and has been in its present condition since the original construction in the 1960's — as far as records show — with parking actually over the ROW line for most of those years. The existing location of the building and its functional use have created a parking situation that necessitates a variance to accomplish, a safety remedy for the users and the city while still maintaining viable parking stalls for the use of the building. Hoyt Properties will remove all parking from the ROW and will install curbing at all locations at the ROW to prevent vehicles from crossing into the ROW. The existing asphalt will be removed from the ROW and turf will be installed. This will greatly improve the aesthetics and the safety of the property at its juncture with the City ROW. The variance will be to allow parking directly adjacent to the ROW for approximately 140 feet, for approximately 10 vehicle stalls. A variance is appropriate in this situation as the site conditions have existed for about fifty years in their current condition and to abide by the setback requirement would significantly reduce the number of parking stalls. The site is currently striped for 27 stalls. The new plan will provide for 34 stalls, all that will meet current City size standards, which the current stalls do not. There is no practical location that meets City ordinances on the site to create other drive aisles and parking stalls. Even at the new level of parking at 34 stalls, the site does not meet the City ordinance requirements, but will serve the users of the building much better than the current layout. The application information includes a drawing showing the location of the parking stalls proposed and there is a survey showing the prior parking stall locations. RECEIVED JUL 09 2014 Agenda Information Memo August 4, 2014, Eagan City Council Meeting NEW BUSINESS A. Approve a Planned Development Amendment for Eagandale Office Park 6th Addition Action To Be Considered: To approve a Planned Development Amendment to modify the site plan to allow just one future building upon property located at 1335 -1345 Corporate Center Curve, subject to the conditions listed in the APC minutes. Facts: ➢ The applicant is currently proposing a PD Amendment to modify the Site Plan for this PD to allow only one future building rather than two on the eastern portion of this site. ➢ The property was originally developed as a condominium office with multiple buildings on a single parcel, and shared ingress /egress and parking. ➢ The owner is in the process of dissolving the condominium association, creating separate parcels for each building, and creating cross easements to address issues resulting from the elimination of the association. ➢ On April 1, 2014, a Preliminary Subdivision for Eagandale Office Park 6th Addition was approved to create two lots and one outlot. A PD Amendment was also approved to allow the association to be dissolved. No changes to the Site Plan were proposed at that time. ➢ The existing Site Plan, approved in 2005, anticipated a total of four office buildings, two of which are existing. ➢ The current proposed PD Amendment better reflects the expected future build - out, with a single building rather than two upon proposed Outlot A, Eagandale Office Park 6th Addition. ➢ The proposed change to the Site Plan is a slight reduction in building area and slight increase in impervious coverage. Adequate parking is provided and the building layout is similar to the existing Planned Development. ➢ A public hearing for the Vacation of existing easements is scheduled elsewhere on this City Council meeting agenda. Final action on the proposed Vacation of easements, along with dedication of new required drainage and utility easements, will be accomplished with the Final Subdivision of Eagandale Office Park 6th Addition at a future City Council meeting yet to be determined, once all documents and agreements are in order for execution. A public hearing on the proposed PD Amendment was held on July 22, 2014, and the Advisory Planning Commission did recommend approval. Attachments: (4) NBA -1 Location Map NBA -2 Draft July 22, 2014 APC minutes NBA -3 Staff Report NBA -4 Report Exhibits cad w 0 v r O O O a M O V d .v, .Q �Z ID ° L° r° fV M c O (V c � E O � a W C Y m -a Q s E CY)� a 5 J ® 7e a m LO O W v Q O 0 i Advisory Planning Commission July 22, 2014 Page 2 of 10 IV. PUBLIC HEARING New Business A. Eagandale Office Park 6th Addition PA Applicant Name: Matthew S. Klein, KW Commercial Midwest Location: 1335 -1345 Corporate Center Curve Application: Planned Development Amendment A Planned Development Amendment to modify the site plan to allow just one future building. File Number: 03- PA- 06 -06 -14 City Planner Mike Ridley introduced this item and highlighted the information presented in the City Staff report dated July 16, 2014. Secretary Piper asked why this item was before - the -APC at this point. Ridley stated the changes in total were being done in order to market the site for development. Chair Filipi asked about the statement in the staff report about an MPCA permit may be necessary. Assistant City Engineer Nelson explained an MPCA permit may be required depending on the amount of grading. Matthew Klein, applicant, stated they were in agreement with the staff report and was available for questions. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Secretary Piper moved, Member "Sagstetter seconded a motion to recommend approval of the Planned Development Amendment, subject to the following conditions: 1. An Amendment to the Final Planned Development Agreement shall be executed and the PD Amendment Agreement shall be recorded against the property with the Plat. 2. The property shall be platted. 3. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney. 4. Cash park and trail dedications shall be paid prior to release of the Eagandale Office Park 6th Addition plat for recording. 5. Prior to issuance of a grading or building permit for future development, the developer should demonstrate compliance with City Code standards then in effect for post construction stormwater management, including runoff rate control, water quality and volume control. 6. The developer shall be responsible to obtain any outside agency permits as necessary for completion of the site improvements. Advisory Planning Commission July 22, 2014 Page 3 of 10 7. This PD Amendment is intended to supplement and amend the prior Final Planned Development Agreement. All other terms and conditions of the Final Planned Development Agreement shall remain in full force and effect. All voted in favor. Motion carried 5 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 16, 2014 APPLICANT: Eagandale Properties, LLC PROPERTY OWNER: Eagandale Properties, LLC REQUEST: PD Amendment CASE: 03- PA- 06 -06 -14 HEARING DATE: July 22, 2014 APPLICATION DATE: June 18, 2014 PREPARED BY: Pamela Dudziak LOCATION: 1335 and 1345 Corporate Center Curve COMPREHENSIVE PLAN: MO, Major Office ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to modify the Site Plan upon 3.87 acres for property located at 1335 and 1345 Corporate Center Curve, legally described as Lot 2, Block 1, Eagandale Office Park 5th Addition. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. Planning Report — Eagandale Office Park 6`h Addn. July 22, 2014 Page 2 C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. E. That the design of the subdivision or the proposed improvements are not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements are not likely to cause health problems. G. That the design of the subdivision or the type of improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I. That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). J. That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." Planning Report — Eagandale Office Park 6" Addn. July 22, 2014 Page 3 Planned Development Amendmenet (Rezoning): City Code Chapter 11, Section 11.50, Subd. 5 states in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the regulations of any district may only be made by an affirmative vote of two- thirds of all members of the council. 2. The City Council shall not rezone any land or area in any zoning district or make any other proposed amendment to the zoning ordinance without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND /HISTORY The Eagandale Office Park Planned Development was established in 1985. The subject site was initially platted at that time and with the adjacent property to the west, comprised a single parcel. In April of 1997, the City approved a Final Planned Development that called for a two phase, 90,000 square foot office building upon the entire parcel. The first phase was constructed on the westerly portion in 1997, with a future expansion planned to the east. The expansion did not occur, and in 2000, the property was subdivided. Subsequently in 2005 -2006, the easterly portion developed with office condominium buildings. Earlier this year, a PD Amendment was approved allowing the owner to dissolve the association and subdivide the property into separate lots for the two existing buildings, and one outlot for future development. No changes to the existing approved Site Plan were proposed at that time. The approved Site Plan shows two future buildings on the proposed outlot. EXISTING CONDITIONS Use and development of the site is governed by a Planned Development Agreement, which allowed multiple buildings on a single lot. The approved Site Plan in the PD Agreement provides for a total of four buildings; two have been constructed to date. Underground parking is provided under each of the two existing buildings, accessed directly via a shared drive from Corporate Center Drive to the north. Storm drainage ponding is provided at the east end of the site. Site grading, the installation of utilities (water, storm sewer, and sanitary sewer) and a stormwater pond, parking lots, and two buildings were constructed with the previous development of Lot 2, Block 1, Eagandale office Park 5th Addition. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Planning Report — Eagandale Office Park 6`h Addn. July 22, 2014 Pate 4 EVALUATION OF REQUEST Proposal — The proposed PD Amendment modifies the Site Plan for future development from two buildings to one building. The proposed building is 30,000 sf, whereas the existing Site Plan shows two future buildings totaling 33,000 sf. The placement of the one building is approximately the same as one of the two buildings. The applicant's narrative indicates the proposed amendment will convert the property from a condominium format and enhance the marketability of the existing buildings and future development. With the subdivision, private easements are being created to address issues raised by dissolving the Association and creating separate parcels such as shared ingress /egress, cross - parking, utilities, maintenance, etc. The outlot will need to be replatted, creating a lot and block, prior to issuance of a building permit for the future development. Bulls Standards — The proposed building satisfies minimum setback standards, and maximum building height standards. Proposed building setbacks are consistent with the existing PD. The future building design should be compatible in appearance to the two existing buildings and other surrounding buildings in the surrounding area. A reduction in the parking setback along Corporate Center Curve from 20' to 10' was approved with the Final PD and does not change with this PD Amendment. The surface parking lot is proposed to be expanded compared to the existing PD, adding impervious and reducing overall green space. A new driveway access is proposed on the southeast end of the site. Parkin — Each of the existing buildings has 12 underground parking stalls. The future building has no underground parking. Overall, a total of 261 stalls are proposed for all three buildings. Access and drive aisles are shared and will be covered by private cross - easements. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Storm Water Management /Water QualitX — This development should comply with the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality. Existing Use Zoning Land Use Designation North Office PD, Planned Development MO, Major Office South Office PD, Planned Development MO, Major Office East Office /warehouse I -1, Limited Industrial IND, Limited Industrial West Office PD, Planned Development MO, Major Office EVALUATION OF REQUEST Proposal — The proposed PD Amendment modifies the Site Plan for future development from two buildings to one building. The proposed building is 30,000 sf, whereas the existing Site Plan shows two future buildings totaling 33,000 sf. The placement of the one building is approximately the same as one of the two buildings. The applicant's narrative indicates the proposed amendment will convert the property from a condominium format and enhance the marketability of the existing buildings and future development. With the subdivision, private easements are being created to address issues raised by dissolving the Association and creating separate parcels such as shared ingress /egress, cross - parking, utilities, maintenance, etc. The outlot will need to be replatted, creating a lot and block, prior to issuance of a building permit for the future development. Bulls Standards — The proposed building satisfies minimum setback standards, and maximum building height standards. Proposed building setbacks are consistent with the existing PD. The future building design should be compatible in appearance to the two existing buildings and other surrounding buildings in the surrounding area. A reduction in the parking setback along Corporate Center Curve from 20' to 10' was approved with the Final PD and does not change with this PD Amendment. The surface parking lot is proposed to be expanded compared to the existing PD, adding impervious and reducing overall green space. A new driveway access is proposed on the southeast end of the site. Parkin — Each of the existing buildings has 12 underground parking stalls. The future building has no underground parking. Overall, a total of 261 stalls are proposed for all three buildings. Access and drive aisles are shared and will be covered by private cross - easements. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Storm Water Management /Water QualitX — This development should comply with the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality. Planning Report — Eagandale Office Park 6" Addn. July 22, 2014 Pate 5 The existing pond on the east does not appear to have been constructed to the approved 2005 design to fully accommodate complete build -out of the site. In addition, the proposed Site Plan results in a net increase in the total impervious coverage on the site (corresponding net decrease in green space). Modification of the existing pond may be necessary to meet current City Code standards at the time of development. Prior to issuance of a grading or building permit for future development, the developer should demonstrate compliance with City Code standards then in effect for post construction stormwater management, including runoff rate control, water quality and volume control. Storm Water Drainage — The entire site lies within Drainage District H (as designated in the City Storm Water Management Plan — 2007). Storm water generally flows towards both the storm water pond (HP -8) located on the east side of the site, and into the storm sewer system to the north on Corporate Center Drive. The storm water ultimately travels to the northwest where it outlets near Gun Club Lake and the Minnesota River. Utilities — The existing buildings are connected to City sewer and water services. Utility services have been provided for the remaining vacant lot. Easements/ Permits/ Right -of -Way — Cross - easements for ingress /egress and shared parking should be provided, in a form acceptable to the City Attorney. A MN Pollution Control Agency Construction Activity Permit may be necessary for the future development. The developer shall be responsible to obtain any outside agency permits as necessary for completion of the site improvements. Parks and Trail Dedications — Cash park and trail dedications are due for the subject site. With the Preliminary Subdivision in earlier this year, it was discovered that park and trail dedications had not been collected for this development. Since that tune, attorneys for both the applicant and the City have been working to resolve the outstanding dedications. Accordingly, a lump sum cash payment of $22,500 is due upon final plat approval, prior to release of the plat for recording, in fulfillment of the park and trial dedications for the existing and future development of Eagandale Office Park 6th Addition. Financial Obligation — At this time, there are no pending assessments on the parcel. SUMMARY /CONCLUSION The applicant is proposing to modify the Site Plan from two to one future building in conjunction with a subdivision of land at 1335 and 1345 Corporate Center Curve. An earlier PD Amendment allowed the association to be dissolved. Both amendments can be incorporated into a forthcoming PD Amendment Agreement to be recorded with the plat. The proposed change to Planning Report — Eagandale Office Park 6`h Addn. July 22, 2014 Page 6 the Site Plan is a slight reduction in building area and slight increase in impervious coverage. Adequate parking is provided and the building layout is similar to the existing Planned Development. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to modify the approved Site Plan for property located at 1335 and 1345 Corporate Center Curve, legally described as Lot 2, Block 1 Eagandale Office Park 5th Addition. If approved, the following conditions shall apply: 1. An Amendment to the Final Planned Development Agreement shall be executed and the PD Amendment Agreement shall be recorded against the property with the Plat. 2. The property shall be platted. Cross - easements for ingress /egress and shared parking shall be executed in a form acceptable to the City Attorney. 4. Cash park and trail dedications shall be paid prior to release of the Eagandale Office Park 6th Addition plat for recording. 5. Prior to issuance of a grading or building permit for future development, the developer should demonstrate compliance with City Code standards then in effect for post construction stormwater management, including runoff rate control, water quality and volume control. 6. The developer shall be responsible to obtain any outside agency permits as necessary for completion of the site improvements. 7. This PD Amendment is intended to supplement and amend the prior Final Planned Development Agreement. All other terms and conditions of the Final Planned Development Agreement shall remain in full force and effect. l ` ! XXX c ak" �= x 45 s w J l r ✓n k; t� h fY�✓ i# �t �) l ` ! XXX c ak" �= x 45 s w J l r ✓n k; t� 12 ----------- ---------------------- I---------------------------------- la 02 --------- f-w ------ ---------------- N.96 Am P ........... . . . ..... . 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Two of the planned office buildings were constructed. The condominium format proved unattractive to the market, and no separate office condominium units were sold to separate owner- occupants and the mortgage lender ultimately foreclosed. 1. Final Subdivision Approval. By a proposed subdivision, the new owner seeks to create separate lots for the two existing buildings. Concurrently with the new plat, the condominium regime will be terminated and a comprehensive easement will be recorded against the entire property to provide for common operation, maintenance and repair of the shared parking lot and driveways. Preliminary plat approval has been issued by the City Council. 2. Petition to Vacate. Drainage and utility easements for the property were created by previous subdivisions. City staff have suggested that all prior such easements be vacated and replaced with the new easements shown on the final plat. 3. Planned Development Aareement Amendment. The only amendment to the Development Agreement requested at this time would be (i) an amendment of Paragraph 4 in Exhibit_A, to delete reference to condominium association documents and add, instead, reference to a "Declaration of Easements" which will provide for and regulate the common parking lots and driveways, (ii) supplementation of the Agreement by adding a reference to the proposed subdivision, and (iii) changing the Site Plan. The proposed amendment will have no impact on or change (i) existing and surrounding land uses or zoning (ii) surrounding properties, or (iii) City services. The amendment, by converting the subject property from a condominium regime to a conventional subdivision, will enhance the marketability of the existing buildings and future development of the currently undeveloped property. The applicant has determined that it is unlikely that the two projected buildings shown by the existing Site Plan will be marketable, and is requesting a change to show a single building instead which is in the approximate location of one of the two buildings shown previously. 018766/313001/17894582 NARRATIVE RECOVER x14 18,20% AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER AUGUST 4, 2014 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Amendment of MHC Cedar Grove LLC Purchase Agreement to extend the date for closing. D. OLD BUSINESS E. NEW BUSINESS 1. CONCEPT PLAN REVIEW for Ryland Homes Proposal for Triangle and Gold Trail Parcels in Cedar Grove Redevelopment District F. OTHER BUSINESS G. ADJOURN Agenda Information. Memo August 4, 2014 Eagan Economic Development Authority Meeting NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ( "EDA ") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENT AGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES EDAC -1 Minutes of the July 15, 2014 EDA meeting. 2. APPROVE AMENDMENT OF MHC CEDAR GROVE LLC PURCHASE AGREEMENT TO EXTEND THE DATE FOR CLOSING — The EDA and MHC Cedar Grove LLC have a purchase agreement for the sale of one of the Cedar Grove properties for construction of a Hilton Home2 hotel. The agreement contemplated a closing this summer. The company has received approval of its development applications, received a commitment from Hilton for the hotel at this location, retained a general contractor and made other progress toward initiating the project. They continue to work on the financing for the project and have asked for an extension of the closing date for the sale to October 31, 2014. Staff and the City Attorney have reviewed the proposed amendment and it is in order for consideration at this time. A copy of the amendment is available upon request. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota July 15, 2014 A meeting of the Eagan Economic Development Authority was held on Tuesday, July 15, 2014 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen, and Commissioner Tilley. Also present were Executive Director Osberg, Community Development Director Hohenstein and City Attorney Dougherty. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Community Development Director Hohenstein noted the addition of Consent Agenda Item 3 - as mentioned in the City Council meeting. Commissioner Fields moved, Commissioner Hansen seconded a motion to approve the agenda as amended. Aye:5 Nay :0 CONSENT AGENDA Commissioner Fields moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of April 16, 2014 - EDA meeting. 2. It was recommended to approve an amendment to the service agreement with Walker Parking Consultants /Engineers, Inc. for Contract 13 -05 (Cedar Grove Parking Garage) and authorize the President and Executive Director to execute all related documents. 3. It was recommended to approve the License Agreement for Parking for Simon /Twin Cities Premium Outlets on the EDA owned outlots at Cedar Grove. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director Agenda Information Memo August 4, 2014 Eagan Economic Development Authority Meeting 12196111 M 14 M There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. Agenda Information Memo August 4, 2014 Eagan Economic Development Authority Meeting 1. CEDAR GROVE REDEVELOPMENT DISTRICT— RYLAND HOMES ROW HOME CONCEPT PLAN FAT S i 1[ 9] i• jZ 1) To approve The Ryland Group, Inc. Preliminary Redevelopment Concept Plan dated July 22, 2014 for the redevelopment of the Triangle and Gold Trail Parcels in the Cedar Grove Redevelopment District. And 2) To direct the preparation of a preliminary real estate purchase agreement between the Eagan EDA and The Ryland Group, Inc. for the area defined by the Preliminary Concept Plan to be considered at a future EDA meeting. FACTS: Background One of the conclusions of the original Cedar /13 Task Force Study was that a mix of high density residential uses with retail, food and beverage and office uses would be a desirable long term redevelopment plan for the area. Since that time, a number of redevelopment concepts have been considered that would incorporate medium and high density residential uses in various layouts within the core area. The current redevelopment plan including the Paragon Outlet Center and related parking improvements has defined the layout of the remaining development outlots in the area, while preserving the opportunity for the development of some of the other uses originally envisioned. In negotiating the layout of the space with Paragon, the EDA specifically indicated a desire to attract pedestrian and transit oriented uses to implement aspects of the original mixed use vision. Since the outlet center began construction, the redevelopment team reached out to a number of residential developers to gauge interest in further townhome development along the south side of Cedar Grove Parkway, particularly that which could relate to the transit oriented priority for the area. Those discussions resulted in the proposal being presented at this time. Ryland Row Home Concept Proposal The Ryland Group, Inc. has submitted an offer to acquire the 4.4 acre Triangle parcel and .84 acre Gold Trail parcel, both located south of Cedar Grove Parkway for the development of 50 row home /townhome units (44 on the Triangle and 6 on Gold Trail). The proposal would add an additional type and style of owner- occupied medium - density housing along the area between the core area redevelopment and the surrounding area. • The purchase proposal as presented is based on a value of $18,000 per unit for a total of $900,000. • If direction is given to proceed with this project, as a part of the negotiation of the agreement, the City Attorney will secure a market value range assessment from the City's appraiser. • In its role in reviewing issues pertaining to the finances of the Cedar Grove Redevelopment District, the City Council Finance Committee reviewed the proposal and concept plan at its meeting of June 23, 2014. The Committee is recommending authorization to proceed with negotiations of a purchase agreement based on the terms of the proposal. • The base footprint and form of the proposed row homes is a product being built by Ryland elsewhere in the Twin Cities. At its meeting, the Finance Committee also asked the developer to consider a redesign of the exterior to in a more urban form and to reflect features of the development occurring in the redevelopment district to date. The exteriors shown in the attachments and to be shown in Ryland's presentation to the EDA at Monday's meeting are intended to respond to that direction. Because this is a matter of negotiation for the purchase of property, if the EDA wishes to ask questions regarding specific details of the proposal, it would be appropriate to recess into executive session for that purpose. If the EDA finds the matter to be in order, it may take the actions outlined above at this time. At this time, staff is requesting that the EDA consider approval of the preliminary concept plan and, if that is approved, direction to prepare a purchase agreement under the terms in the letter of intent for future consideration by the EDA. Concept Review Process • In redevelopment districts, the EDA has a practice of reviewing and providing preliminary concept approval for projects at this stage to authorize the staff and developer to undertake the stepwise process of bringing a property sale, development and financing plan forward. While a project will still require formal development approvals through the application and review process of the Advisory Planning Commission and City Council, the purpose of a preliminary concept approval is to provide assurance that the EDA, as owner of the property, has determined there is merit to taking the steps necessary to complete the other steps and agreements necessary to permit the prospective developer to proceed with that process. ATTACHMENTS: EDANB -1 Location map EDANB -2 Concept Plan Site Plan, Elevations and Interior Images dated 7/22/2014 EDANB -3 Ryland Purchase Proposal M. r_ O V O J N Q i 0. CL V C O V E O 3 I 41) CO) • la • co J • i 71a r; Cedar Grove Triangle Site /Medium Density Site i Closing ASAP /2014 Start with model open I i 3/15 _ l j Earnest Money ` $70,000 cash or irrevocable . _ .... - - -- ...__...._...- ._....._ .. _ ....... letter of credit .......... .... _.- _.. -..... - ._._. -.... I � Feasibility, Period I i I 120 days I Contingencies j City approvals Site Plan i 1 Attached Design I See photos /elevations Existing Projects (under I South West Village Chanhassen construction) TOD development Wickford Village -- Brooklyn Park Proposed Price Range f $250,000 - $320,000 Executive Approvals Yes - formalized by July, 2014 Relevant TOD product experience ( Yes