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03/17/2015 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MARCH 17, 2015 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. RECOGNITION of DataBank's Award from Economic Development Association of Minnesota (EDAM) 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 Contracts E. SCHEDULE Public Hearing for April 7, 2015 to Consider Minnesota Investment Fund Application and Agreement for DataBank at 3255 Neil Armstrong Boulevard F. APPROVE 2015 Consultant pool for Property Maintenance Services G. APPROVE Final Plat for Trinity Lone Oak H. APPROVE Contract 15 -06, Wells 6, 13, 16 Rehabilitation I. APPROVE Inflow & Infiltration Grant Program with Metropolitan Council J. APPROVE Contract 15 -07, 2015 Sanitary Sewer Lining K. APPROVE Contract 15 -08, 2015 Inflow & Infiltration - Manhole Sealing L. Item removed M. APPROVE a Joint Powers Agreement with Dakota County for Project 1141 (Elrene Road Street Improvements, County Project No. 97 -155) N. APPROVE Force Account Agreement with MnDOT, Projects 923/1011 (TH 149 Safety & Capacity Improvements) 0. APPROVE Consulting Engineering Agreements P. APPROVE Plans & Specifications for Fire Station Four remodel and authorize advertisement for bid Q. APPROVE Resolution authorizing the Mayor and City Clerk to execute ordinary and customary contracts by electronic signature R. APPROVE the 2015 contract for July 4th fireworks and authorize the Mayor and City Clerk to sign all appropriate documents S. AUTHORIZE the Placement of Eagan Rotary Signs on the Welcome to Eagan Signs T. APPROVE Exempt Permit for the YMCA of the Greater Twin Cities to hold a raffle on June 28, 2015 at 1360 Civic Center Drive U. APPROVE A Resolution to Accept a Donation for Purchase of a Portable Sound System for Eagan Puppet Wagon from Honeywell and Dakota Electric Association V. APPROVE Exempt Permit for the Eagan Athletic Association to hold a raffle on May 8 -10, 2015 at 4201 Lexington Avenue W. APPROVE Exempt Permit for the Eagan Athletic Association to hold a raffle on June 12, 2015 at 1540 Deerwood Drive V. PUBLIC HEARINGS VI. OLD BUSINESS A. ORDINANCE AMENDMENT— City of Eagan —An ordinance amendment to Chapter 10 relative to the keeping of honey bees on residential property B. ORDINANCE AMENDMENT— City of Eagan —An ordinance amendment to Chapters 6, 10 & 11 relative to indoor firearms shooting ranges VII. NEW BUSINESS A. REZONING AND PRELIMINARY SUBDIVISION (Willow Ridge) — Alliant Engineering — A Rezoning from Ag and PD to R -1S and Preliminary Subdivision of approximately 10 acres to create 15 single - family lots B. COMPREHENSIVE GUIDE PLAN AMENDMENT — Minnesota Autism Center —A Comprehensive Guide Plan Amendment from MU, Mixed Use to QP, Public /Quasi - Public located west of 3800 Tesseract Place C. PLANNED DEVELOPMENT AMENDMENT- Twin Cites Premium Outlets/ Paragon Outlet Partners - A Planned Development Amendment to approve a modification to the screen walls located at 3695 Eagan Outlets Parkway VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE resolutions decertifying TIF District 2 -3 Highway 55/149 D. NEW BUSINESS E. 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 Ea an �cmo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: MARCH 13, 2015 SUBJECT: AGENDA INFORMATION FOR MARCH 17, 2015 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 17, 2015 City Council agenda, the following items are in order for consideration. Agenda Information Memo March 17, 2015 Eagan City Council Meeting RECOGNITION AND PRESENTATIONS A. Recognition of Databank's Award From The Economic Development Association of Minnesota (EDAM) Action To Be Considered: No action. Short presentation to and recognition by the City Council of a prestigious award from the Economic Development Association of Minnesota for the Business Recruitment Project of the Year. It recognizes the combined efforts of Data Bank, Dakota Electric, and the City of Eagan, and others, to establish a new state -of- the -art data center here in Eagan that will open later this spring. City Communications Director Garrison will introduce the partnership. Facts: ➢ Last June the City Council approved actions that were the last step in securing the commitment of Dallas -based DataBank to open a major new 88,000 square foot data center in Eagan. ➢ DataBank is a national provider of data center, managed services and cloud solutions known for providing customers in Dallas, Minneapolis, Kansas City and very soon in Eagan with 100% uptime availability. ➢ They are spending $49- million to renovate their chosen site in Eagan off of Lexington Avenue and it will employ roughly 40 people. From there any carrier can route traffic throughout the upper Midwest. ➢ Since 2011 it has been a City Council goal to secure this kind of specialized data center to Eagan and it took a lot of hard work by City staff and great partners like Dakota Electric to get it done. ➢ We are pleased that DataBank's Chief Financial Officer, Kevin Ooley, is in town tonight and we will ask Mr. Mark Lofthus of Dakota Electric to explain the significance of the award and present it to DataBank and the City. ➢ We would like Mr. Ooley to say a few words and ask that the Mayor and Community Development Director come forward then the presentation and photo. Attachments: (1) R &PA -1 Copy of press release regarding the award DataBank Aaron Alwell marl<eting @databank.com (214) 720 -2266 PRESS RELEASE - FOR IMMEDIATE RELEASE Great River Energy Therese LaCanne tlacanne @GREnergy.com (763) 445 -5710 Dakota Electric Association Joe Miller jmiller @dal<otaelectric.com (651) 463 -6178 DataBank Eagan Venture Recognized as Business Recruitment Project of the Year As awarded by the Economic Development Association of Minnesota February 17, 2015 - (Farmington, MN) - The Economic Development Association of Minnesota (EDAM) recognized Dakota Electric Association and the city of Eagan for their work in attracting national data center provider, DataBank, at the 'Excellence in Economic Development Awards' ceremony held on January 22 in Brooklyn Park, The DataBank project was selected as the '2015 Business Recruitment Project of the Year' not only for the immediate benefits of the project in terms of capital investment and job creation, but also because of the long -term benefits to business development and the state and regional economy. DataBank, a national provider of data center, managed services and cloud solutions, broke ground in the closing months of 2014 on a $49 million site renovation in Eagan, Minn. The building, scheduled to open early this spring, is undergoing a series of physical and mechanical augmentations to become the region's premier multi- tenant data center. The facility will employ roughly 40 people and will function as a second 'carrier - hotel' peering location for telecommunications companies to route traffic throughout the upper Midwest. "Both carrier availability and power diversity played a big role in our site selection for this data center facility," said Tim Moore, DataBank's CEO. "Throughout the process Dakota Electric, Great River Energy and AccessEagan partnered with us to see this project become a reality. We have the utmost confidence in all of them to deliver the robust network access, flexibility and reliability demands we require to deploy a flagship multi- tenant data center in this region." DataBank's decision to locate in Eagan was due in large part to the city's 'AccessEagan' fiber network. The 17 -mile wholesale fiber optic network was deployed by the city and is available to all broadband and telecommunications providers. AccessEagan was established as part of ongoing efforts over the last 10 years to broaden both fiber availability and redundancy and also to foster price competition. Stimulating a greater choice of service providers for area businesses was coupled with the city's strategy of attracting a world class data center that would help the region avoid any single point of broadband failure. "We were very pleased that EDAM selected the DataBank project for this award," said Dakota Electric Economic Development Director Mark Lofthus. "This one project will help to expand business development opportunities throughout the region for many years to come." -more- DataBank - 2 "Working with such excellent partners like Dakota Electric and Great River Energy, we were able to get this deal done," said Eagan Mayor Mike Maguire, who noted the city found in DataBank a quality company that could deliver on a shared vision. About EDAM EDAM is a professional association of leading economic developers in the state of Minnesota and provides development professionals a forum for exchanging information and staying abreast of current economic development strategies and practices. DataBank is a leading provider of enterprise -class data center solutions aimed at providing customers with 100% uptime availability of data, applications and deployed infrastructure. We offer a full suite of hosting solutions including colocation, managed services and cloud solutions that are anchored in world - class secure data center facilities with best of breed infrastructure and highly robust network architecture. Our customized customer deployments are designed to effectively manage risk, improve their technology performance and allow them to focus on their core business objectives. DataBank is headquartered in the historic former Federal Reserve Bank Building, in downtown Dallas, Texas and has additional data centers in Dallas, Minneapolis and Kansas City. For more information on DataBank locations and services, please visit www.databank.com or call 800 - 840 -7533. About Dakota Electric Association Dakota Electric Association is a member - owned, not - for - profit electric utility founded by local farmers in 1937 with the help of the Rural Electrification Administration. With more than 100,000 members, Dakota Electric is the second largest electric cooperative in Minnesota and ranked among the 25 largest electric distribution cooperatives in the nation. Dakota Electric purchases wholesale electricity from Great River Energy, a generation and transmission cooperative in Maple Grove, and distributes it to homes, businesses and farms in parts of Dakota, Goodhue, Scott and Rice counties. Iffl 3 Agenda Information Memo March 17, 2015 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 March 3, 2015 regular Council meeting as presented or modified. Attachments: (1) CA -1 March 3, 2015 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 3, 2015 A Listening Session was held at 6:00 p.m, prior to the regular City Council meeting. Present were Councilmembers Fields, Bakken, Hansen, and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, March 3, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Bakken, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, City Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Osberg announced a Closed Session will be held after the Council meeting to discuss emergency preparedness planning. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of February 10, 2015 Special City Council meeting, and February 17, 2015 regular City Council meeting. B. Personnel Items 1. It was recommended to accept the hiring of Steve Mueller, Mechanic in the Parks & Recreation /Fleet Maintenance Division, 2. It was recommended to accept the hiring of Jeff Tisor, Utility Maintenance Worker. 3. It was recommended to accept the hiring of Nicholas Wilson, Utility Maintenance Worker. 4. It was recommended to accept the resignation of Courtney Sullivan, Human Resources Generalist, and authorize hiring her replacement. 5. It was recommended to approve the hiring of Seasonal Employees in Parks & Recreation and Utilities. 6. It was recommended to ratify the labor agreement reached between the City of Eagan and Teamsters Local #320, Clerical Unit, C. It was recommended to approve the check registers dated February 13 and 20, 2015. City Council Meeting Minutes March 3, 2015 2 page D. It was recommended to approve AccessEagan non - exclusive Access and Use Agreement with Enventis Corporation and authorize the Mayor and City Clerk to sign; and further authorize the Director of Communications or IT Manager to execute all necessary work and pricing schedules to implement subsequent fiber connections with the concurrence of the City Attorney, E. It was recommended to direct the City Attorney's office to prepare an ordinance amendment to City Code Chapter 6.34 regarding childproof packaging requirements. F. It was recommended to adopt the MN Department of Health approved Wellhead Protection Plan Amendment, Part 2, and authorize the Mayor and City Clerk to execute all related documents. G. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 1, Block 1; Lot 2, Block 1; and Outlet A within the Beau D Rue Drive Plat, and schedule a public hearing to be held on April 7, 2015. H. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 1, Block 1, Leibel Addition, and schedule a public hearing to be held on April 7, 2015, I. It was recommended to approve an extension of the term of the Blue Gentian Corporate Center Planned Development to April 28, 2017, and to authorize the Mayor and City Clerk to execute the necessary documents. J. It was recommended to adopt a resolution accepting a $90 cash donation from Patricia Judge in honor of her late husband Gregg and direct the funds to revenue account number 1102.2862 for accounting purposes. PUBLIC HEARINGS Certification of Delinquent Utilities City Administrator Osberg introduced the item noting the City Code allows for collection through certification of delinquent utility bills which are not paid. The City currently has approximately 1,128 utility bill accounts with delinquent balances. At the February 3, 2015 City Council meeting, a public hearing was scheduled for the March 3, 2015 City Council meeting. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Aye: 5 Nay: 0 Certify Delinquent Nuisance Abatement Bills City Administrator Osberg introduced the item noting the City Code allows for collection of delinquent false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree removal bills through certification to property taxes. The City has five properties with delinquent false alarm invoices and five properties with delinquent invoices for mowing and noxious weed removal. Osberg noted a diseased tree removal from 2014 is also included in the proposed assessment roll. At the February 3, 2015 City Council meeting, a public hearing was scheduled for the March 3, 2015 City Council meeting. City Council Meeting Minutes March 3, 2015 3 page Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County, Aye: 5 Nay: 0 OLD BUSINESS Ordinance Amendment — An Ordinance Amendment to City Code Chapter 8.10 Regarding Utility Task Vehicles City Administrator Osberg introduced the item noting the Council is being asked to consider three actions: to approve an ordinance amendment to City Code regarding utility task vehicles, a resolution establishing a designated use district for utility task vehicles, and a resolution establishing a few for utility task vehicle permits. Osberg noted the Twin Cities Premium Outlet Mall has indicated a need to operate utility task vehicles on City streets adjacent to their property. These vehicles are used for removal of garbage and grounds keeping. The Council discussed the ordinance amendment. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve an ordinance amendment to City Code Chapter 8.10 regarding utility task vehicles and direct the City Attorney to publish the ordinance amendment. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a resolution establishing a designated use district for utility task vehicles. Aye: 5 Nay: 0 Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a resolution establishing a fee for utility task vehicle permits. Aye: 5 Nay: 0 NEW BUSINESS Planned Development Amendment — Inland Diff ley Marketplace City Administrator Osberg introduced the item noting the subject site is located at 1008 Diffley Road - Diffley Marketplace Planned Development, In 2013 a Planned Development Amendment was approved to allow a full- service restaurant with outdoor dining up to 24 seats with 123 interior seating. City Planner Ridley gave a staff report. Rick Plesnar of Inland Commercial Property Management gave a brief overview of the development and was available for questions. City Council Meeting Minutes March 3, 2015 4 page The Council discussed the Planned Development Amendment. Councilmember Fields stated she would like to see a condition to prohibit designated parking for specific tenants. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow a 180 seat, full- service restaurant upon property located at 1008 Diffley Road, subject to the following conditions: Aye: 5 Nay: 0 1, An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office, and proof of recorded shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan 2. Existing cross - easements for ingress /egress and parking shall remain. 3. Designated parking for a specific tenant shall be prohibited. Conditional Use Permit — Enterprise Holdings City Administrator Osberg introduced the item noting before the Council is a conditional use permit to allow the outdoor storage of two above - ground fuel storage tanks on property located at 2905 Lexington Ave South, City Planner Ridley gave a staff report. Rick Mendlik of Enterprise Holdings was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Conditional Use Permit to allow the outdoor storage of two above - ground fuel storage tanks on property located at 2905 Lexington Avenue South, subject to the following conditions: Aye: 5 Nay: 0 1. The Conditional Use Permit shall be recorded within 60 days of its approval by the City Council. 2. The fuel tank storage shall meet all state and fire safety requirements. 3. Permitted outdoor storage is limited to up to 595 passenger vehicles, up to 26 assorted trucks, two above ground fuel storage tanks (1 -2,000 gallon, 1 -4,000 gallon) and storage on racking as shown on the Site Plan received January 21, 2015. 4. Outside storage and minimum drive aisle widths shall occur as depicted on the Site Plan received on January 21, 2015. 5. Vehicles and materials stored outside shall be owned and maintained by an entity with offices located in the principal building. Retail sales and rentals of passenger vehicles shall be prohibited. 6. Lock boxes meeting Eagan Fire Department specifications shall be installed at all fence gate locations. City Council Meeting Minutes March 3, 2015 5 page 7. Building address numbers shall be displayed in accordance with the provisions in Chapter 2, Section 2.78 of the City Code. 8. Recording of this Conditional Use Permit shall simultaneously terminate all previously issued Conditional Use Permits for Lot 1, Block 1, Eagandale Center Industrial Park #10. Planned Development Amendment — Gopher Resources City Administrator Osberg introduced the item noting the proposed Planned Development Amendment requests approval of an updated Master Plan for future site improvements and building expansions to the Gopher Resources and Recycling Zone facilities. Osberg noted the improvements are anticipated to be phased in over the next 15 years. City Planner Ridley gave a staff report. Todd Heuer representing Gopher Resources was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a Planned Development Amendment to modify the Master Plan for future site improvements at the Gopher Resources facilities, including building expansions for warehouse, maintenance and equipment needs upon property located at 3365 Dodd Road and 685 Yankee Doodle Road, subject to the following conditions: Aye:5 Nay:0 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The PD Amendment Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan 2. Any building expansions not completed within fifteen years (August 1, 2026) shall require a new Planned Development Amendment, 3. Exterior materials for all building additions shall be consistent with existing materials and finishes. Introduction of new materials and colors shall be compatible with the existing. 4. Additions to existing buildings shall be subject to mechanical screening requirements in compliance with current City Codes, 5. If proof of parking areas are constructed, then revised internal circulation plan shall be submitted for review and approval by City staff. 6. The outdoor storage shall be limited to the type and amount and area of items as depicted on the approved Site Plan, 7. The applicant shall fulfill tree mitigation requirements through the installation of sixty -eight (68) Category B trees. Installation of tree mitigation shall be accomplished with each grading permit or building permit that results in tree removal, and corresponding financial guarantee provided in accordance with City Code. 8. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e. orange colored silt City Council Meeting Minutes March 3, 2015 6 page fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. 9. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. 10. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 11. The applicant shall obtain a City grading permit or building permit for all grading activities proposed on the site. 12. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations prior to issuance of a grading permit. 13. All erosion /sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion /sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 14, If Outlot A is subject to any land disturbing activity or building construction that would require a grading or building permit or if existing stormwater treatment facilities are altered causing decreased stormwater treatment effectiveness, Outlot A's stormwater management shall be modified to be in compliance with current city post- construction stormwater requirements. 15. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative /intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO RE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:15 p.m. Aye: 5 Nay: 0 CLOSED SESSION At 7:15 p.m. City Administrator Osberg announced a Closed Session will be held to discuss emergency preparedness planning. The Closed Session adjourned at 7 :35 p.m. City Council Meeting Minutes March 3, 2015 7 page mrz Mayor City Clerk Agenda Information Memo March 17, 2015 Eagan City Council Meeting CONSENT AGENDA Be Personnel Items There are no HR agenda items. Agenda Information Memo March 17, 2015 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered. To ratify the check registers dated February 27, and March 6, 2015 as presented. Attachments: (2) CC -1 Check register dated February 27, 2015 CC -2 Checl< register dated March 6, 2015 Agenda Information Memo March 17, 2015, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: ➢ Contract with the Minnesota Department of Agriculture to accept Farmer's Market Nutrition Program Vouchers during the 2015 Market Fest season. ➢ Contracts for 2015 Market Fest entertainment with: o RAMM Band o Galactic Cowboy Orchestra o The Farmer's Daughter o The Splatter Sisters o The Bazillions o Dale Dahmen & The Beats o Jillian Rae o Brian Just Band o LaValle Jazz Cats o Steve Marcio - A Elvis Experience o Rockin' Hollywoods o Roe Family Singers o The High 48's o Premier Latino Events o Benson Family Singers o Riverside Swing Band o Hurricane Harold's All Stars o The Tuxedo Band o Stoned Acoustic o American Bootleg o The Fattenin' Frogs Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo March 17, 2015, Eagan City Council Meeting CONSENT AGENDA E. SCHEDULE Public Hearing for consideration of public financing assistance to DataBank LLC for the conversion of property located at 3255 Neil Armstrong Boulevard to a colocation data center Action To Be Considered: To schedule a Public Hearing on April 7, 2015 to consider approval of public financing assistance to Data Bank LLC for the development of a colocation data center at 3255 Neil Armstrong Boulevard, including an application for a Minnesota Department of Employment and Economic Development Minnesota Investment Fund forgivable loan. Facts: ➢ In 2014, Data Bank LLC submitted a Business Financing Application to the City of Eagan for consideration of actions pertaining to a $150,000 forgivable loan from the DEED Minnesota Investment Fund associated with the company's prospective improvements to property at 3255 Neil Armstrong Boulevard. ➢ At that time, the City Council authorized staff to work with the company to proceed with completion of that application for submittal to the Minnesota Department of Employment and Economic Development. ➢ In order to complete the MIF funding application, it is necessary to hold a public hearing and document its occurrence in the final application to the state. The hearing is proposed to be scheduled at the April 7, 2015 City Council meeting. Attachments: (0) Agenda Information Memo March 17, 2015, Eagan City Council Meeting CONSENT AGENDA F. Approve Property Maintenance Services for 2015 — City of Eagan Action To Be Considered. To approve pool of Consultant Service providers for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the collection of businesses on the attached list, authorize the City Planner and /or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. Facts. ➢ In keeping with the Eagan City Policy for Engaging Professional Consulting Services, contractors have been solicited to submit bids for 2015 services. These are being presented to the City Council for their consideration of approving contractors for such services. ➢ The City of Eagan has a history of hiring lawn maintenance contractors to cut long grass and weeds on properties where, after notification, the owner has failed to become compliant with City Code requirements. ➢ Ordinance Amendment No. 433 adopted November 6, 2008 amended City Code Sec. 10.01 regarding storage, deposit and disposal of refuse, and allows the City to abate public health and safety nuisances by disposing of refuse abandoned on a property. ➢ City Code Sec. 10.51 allows the City to abate nuisances by disposing of junk furniture, household furnishings and appliances abandoned outdoors on property. ➢ Property owners of record are billed for the services provided and costs are assessed against the property if the bills are unpaid. Issues: None Attachments: (1) CF -1 Consultant List 2015 Consultant Service Pool — Code Enforcement Contractor List All contractors are required to carry workers compensation coverage. The contractors are required to provide Certificates of Insurance evidencing liability insurance naming the City as an additional insured party. Prices do not include sales tax. 1- 800 -Got Junk? Contact: Chris Koehnen 1209 Tyler Street NE, #160 Minneapolis, MN 55413 763 - 442 -6920 chris.koehnen@ 1800gotiunk.corn Kaufman Enterprises Inc. Contact: Nancy Ahern 3401 Hwy 55 Eagan, MN 55121 651- 528 -8700 kei @kaufmanent.com Reliable Property Services Contact: Ron Rishel 3245 Terminal Drive Eagan, MN 55124 952 - 888 -0222 ronr @reliablesnow.com Minimum Charge Volume Rate $124.00 Additional per piece price for standard item removal Residential Lawn Maintenance $55.00 /hr /man + debris removal Flail Mow Large Vacant Areas $150.00 /hr Vegetation debris removal $9.00 /yard + landfill fee Residential Lawn Maintenance $55.00 /hr /man Flail Mow Large Vacant Areas Flat rate quote per area Vegetation debris removal Flat rate quote on large vacant areas Agenda Information Memo March 17, 2015 Eagan City Council Meeting CONSENT AGENDA G. Final Plat (Trinity Lone Oak) — Trinity Lone Oak Lutheran Church Action To Be Considered. To Approve a Final Plat for Trinity Lone Oak Lutheran Church to create one lot upon 9.5 acres located at 2950 Hwy. 55. Facts: ➢ The parcel is zoned Public Facility (PF) and developed as Trinity Lutheran Lone Oak church and school. The parcel is surrounded by business warehouse uses except for a single family home to the south. Access to the site is provided from Hwy 55. ➢ The City Council approved a Conditional Use Permit in 2014 to allow a 100 -foot telecommunications tower with a 15 -foot cross. ➢ The City requires platting of the property prior to issuance of a Building Permit. ➢ All documents and agreements are in order and ready for execution at the March 17, 2015 City Council meeting. 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Ilti H� � II n — ........ GI '099 3„Fby90,009 [HlnOS] T. -- ---- ---- ---- --- ---- ---- -- ----` .0 1 I I i � N h C) ^ \ m m W ul �\ p I \ r2 'a vz 7 11 'Ixw , \ 3o ana00 ms pp 4 ^ r2 'a Y2 I 'z '039 30 3xn fsv3 N rz 'a Tz s It 'ox .n 3W7 153M - 10'691 % F. 3/Zb,90e00 oic� %l '.t "-' 3'109 M „C4.9010ON [H180N] zol)oor Ox O 'JOY aid fN3NJ5Y3 All]lIN ow ,1 1 39YPoYN0 •llYtl! NYOY3 J0 A y t 3o0 UO SOI• M1OOW�,j� /f MN J fNE�c •ho `a jhh w im /' J bi eH �� LANV 011L ry� L1I 01 01 'k kn. /alc"�I��' oE� ^pcJv U$jc Al or s V g� 59'T �/ `✓ Uf flC�ly Cog / / 525°,�� 1 /. g PaHAOE p110 / / / ✓� / tlyl 'ISO gi 00 ++NpE00/ Agenda Information Memo March 17, 2015 Eagan City Council Meeting CONSENT AGENDA H. Contract 15 -06, Well Rehabilitation - Water System Improvements Action To Be Considered. Receive the bids for Contract 15 -06 (2015 City Well Rehabilitation — Water System Improvements) and award a contract to Bergerson- Caswell Company for the base bid in the amount of $102,250.00, and authorize the Mayor and City Clerk to execute all related documents. Facts. 0 102 0 0 1] 0 Contract 15 -06 provides for the proposed rehabilitation of City Wells #6, #13, and #16 as programmed for 2015 in the City of Eagan's 5 -Year Capital Improvement Program (Part III CIP 2015 - 2019). The City's Public Works Department (Utilities Division) operates 21 deep water wells as the source of Eagan's municipal drinking water supply. The average operational life of one of these wells is approximately seven years, or 45,000 running hours. On average, the City of Eagan contracts to rehabilitate three wells per year. At the end of the operational life, wells are refurbished or rehabilitated. Refurbishing includes equipment removal, equipment disassembly and inspection, replacement of worn or broken parts, equipment reassembly, coating protection, televising the actual well (determine physical condition), cleaning the casing, installation, and final inspection /testing. On February 3, 2015, the Council approved the plans and specifications for Contract 15 -06 and authorized the advertisement for solicitation of competitive bids. On February 26, 2015, four bid proposals were received (see attached summary). The low bid, a combined base bid of $102,250.00, was 14.8% below the Engineer's estimate of $120,000. All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The low bid of $102,250.00 from Bergerson- Caswell Company has been reviewed by Public Works staff and found to be in order for favorable Council action. Attachments (1) CH -1 Bid Summary BID SUMMARY 2015 MUNICIPAL WELL REHABILITATION CITY PROJECT NO. 1181 CITY CONTRACT NO, 15 -06 Bid Date/ Time: 11:30 a.m., Thursday February 26, 2015 Well 6 Estimate: $40,000 Contractors Berge rson - Caswell Keys Well Drilling E. H. Renner Traut Wells Well 13 Estimate: $40,000 Contractors Berge rson - Caswell Keys Well Drilling E. H. Renner Traut Wells Well 16 Estimate: $40,000 Contractors Berge rson - Caswell Keys Well Drilling E. H. Renner Traut Wells Total Base Bid $34,010 $36,535 $39,642 $59,690 Total Base Bid $33,995 $36,595 $40,727 $59,200 Total Base Bid $34,245 $36,690 $41,269 $59,345 Over /Under Estimate -15% -9% -1% 49% Over /Under Estimate -15% -9% 2% 48% Over /Under Estimate -14% -8% 3% 48% 2/27/2015 Agenda Information Memo March 17, 2015 Eagan City Council Meeting CONSENT AGENDA I. Metropolitan Council Grant = I &I Mitigation Improvements Action To Be Considered: Approve an Agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant Program, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ In the 2014 Legislative Session, the Minnesota Legislature appropriated $2 million for a matching grant program to be administered by the Metropolitan Council for the purpose of providing financial assistance to municipalities for capital improvements to their public sanitary sewer systems to reduce the amount of inflow and infiltration to the metropolitan sewer disposal system. Because the funding appropriations are proceeds of State General Obligation Bonds, such funds cannot be used for any private property improvements (i.e. private sump pump and sewer lateral corrections). ➢ City Staff identified various elements of the City's sanitary sewer collection system for possible structural modification and improvements; lining 16,844 linear feet of sewer laterals and installing 93 water tight manhole seals. As a result of the City's application in competition with the other 47 eligible communities, Eagan has qualified for approximately $38,861 of matching funds. ➢ The total estimated cost of the identified improvements is $702,412. The agreement requires the City to complete at least $73,722 worth of improvements by October 30, 2016. ➢ Contracts to provide some of the referenced improvements are being presented to the Council for their consideration at the March 17, 2015, Council meeting. ➢ The Agreement was prepared by the Metropolitan Council in accordance with the requirements of the Minnesota Department of Management and Budget (MMB), is similar to previous agreements reviewed by the City Attorney's office and Public Works staff and found to be in order for favorable Council action. Attachments (0) Agenda Information Memo March 17, 2015 Eagan City Council Meeting CONSENT AGENDA J. Contract 15 -07, 2015 City -Wide Sanitary Sewer Lining Action To Be Considered. Receive the bids for Contract 15 -07 (2015 City -wide Sewer Lining - Sanitary Sewer Improvements), award the contract to Insituform Technologies USA, Inc. for the Base Bid in the amount of $156,160.80 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On June 3, 2014, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2015 -2019) and authorized the initiation of the public improvement process for the 2015 programmed improvements. ➢ Contract 15 -07 provides for the rehabilitation of public sanitary sewer through lining improvements of 7,544 linear feet of existing pipe in various areas within the City as was included as part of the Sanitary Sewer Operations and Facilities portion of the 2015- 2019 CIP. ➢ On February 3, 2015, the Council approved the plans and specifications for Contract 15- 07 and authorized the advertisement for solicitation of competitive bids. ➢ On February 26, 2015, five bid proposals were received (see attached summary). The low bid of $156,160.80 was 20% below the Engineer's estimate of $195,000. ➢ All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid of $156,160.80 ($20.70 per linear foot) from Insituform Technologies USA, Inc. has been reviewed by Public Works (Utilities Division) staff and is in order for favorable Council action. Attachments (2) CJ -1 Location Map CJ -2 Bid Summary N z 2015 Sanitary Sewer Lining City of Eajan W E ®2015 (7,544 Feet) JCity ROW S Map Date: 1/26/2015 Prepared by: City of Eagan Department of Public Works 1 in= 1 mile Document Path: L: \USERS\PUBWORKS\ Projects \Utilities\ Sanitary_ Sewer\ Maintenance\ Lining \Council Proposed Lining8x11.mxd BID SUMMARY 2015 SEWER LINE RENOVATION FOR CURED IN PLACE PIPE CITY PROJECT NO, 1182 CITY CONTRACT NO. 15 -07 Bid Date/ Time: 11:00 a.m., Thursday February 26, 2015 Estimate: $195,000 Total Contractors Base Bid Insituform Technologies USA, Inc. $156,161 Visu- Sewer, Inc. $1801302 SAK $2077460 Michels Corporation $215,004 Lametti & Sons $222,548 Over /Under Estimate -20% -8% 6% 10% 14% 2/26/2015 Agenda Information Memo March 17, 2015 Eagan City Council Meeting CONSENT AGENDA K. Contract 15 -08, Manhole Sealing, I &I Mitigation Sanitary Sewer Improvements Action To Be Considered. Receive the bids for Contract 15 -08 (Manhole Sealing (Inflow and Infiltration Mitigation) - Sanitary Sewer Improvements), award the contract to Ess Brothers and Sons, Inc. for the bid amount of $21,150.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15 -08 provides for the installation of internal manhole seals to eliminate the inflow of run off from roadways and right of way (45 total seals) into the sanitary sewer system as programmed for 2015 in the City of Eagan's 5 -Year Capital Improvement Program (Part III CIP 2015 - 2019)0 ➢ In cooperation with the Metropolitan Council Environmental Services (MCES), the City has made improvements to the sanitary sewer system over the past seven years to mitigate the effects of inflow and infiltration. ➢ The Metropolitan Council's Municipal Publicly Owned Infrastructure Inflow & Infiltration Grant agreement qualifies Eagan for approximately $38,386.35 of matching funds for capital improvements to the public sanitary sewer system to reduce the amount of inflow and infiltration to the MCES disposal system. ➢ The proposed inflow and infiltration mitigation improvements are in accordance with the agreement for the grant program. The City is responsible to complete all of the referenced work and submit proof of completion for reimbursement from MCES. ➢ Two bid proposals were received (see attached summary). The low bid of $21,150.00 was 3.1% below the Engineer's estimate of $21,825. ➢ All of the construction activity for said improvements has been designed to occur within existing public right -of -way or easements. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Ess Brothers and Sons, Inc. has been reviewed by Public Works (Utilities Division) staff and is in order for favorable Council action. Attachments (2) CK -1 Location Map CK -2 Bid Summary N Z 2015 Chimney Seal Manholes Cat�f Ea � 2015 Chimney Seal Manholes (45) w E W J City ROW S Map Date: 1/26/2015 Prepared by: City of Eagan Department of Public Works 1 in= 1 mile Document Path: L:\USERSTLIBWORKS\P rojects\Utilities\ Sanitary_ Sewer\ Maintenance\ Lining \Council Proposed LIning8x11.mxd C ii t' ar F { N It 1741"' �a :x .�It t.i I: F 59 s ?t ,t ` s ,. _ &26' "� ll 1749 1745 I �7 r \ r r 385WI 1. 3845 3829 , kk tl` r`� �€ 1 "o- =. a `1p A ( S [ r E er rli \ 86 o n�V k ;T t c t Kim It I f R`� t 3.O F _ �f' x's i,^^> i SE S\� ka.. LL ;�••> \a a �' is IT t ,mpj,,..x's f _•E'�f reY y' `�,, ''% i�" qcc�' 4 y 9i 1� s ie 'a' A s F t + '.i� � f, a t '� _,�++ �- ' oA:. t� e' kl. + L� t ;V © �e1 V. +IR 4 3865 ;vM �� IN �j �, `` "NI .4 t.1 114 ,��. e. '`A�830 x ,11 i� �!Y�^ <'"saa� 'r `'. / 6 r< IN � ILL. I 'r2 3 t ..r16 �R �f'. 3867",. �a -? , , ILLI ILL, �' 3832 i �: 17`1�a` "� J t ) (t } 1 lea ,�`' f �. 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F L r rJ Y rr ..,r ✓ < l� '-s,f r xc ... k If I it if .< t III I Ill :11 Jill: gg ill 111111§11 i 77 t ' YAP Jill Is 5' n a ':a ¢ s. I }' f '� _ Y �;_ o3,.a -, wsr 9Z FS „" .?! ar7�.. _ dS� $fix r. l "}'WrLa+r�rmsy 4 ,R c, t } ef I �' • t .1.,, r „1 �Z e L Fx[1 Sixv j� r. If ism ..<i 4 t , {f ;r i}a x �'t t t4.2 §E, V 2 531% ,. r( a�y /♦ It 'r I I fl 's r�yif� ' t 4 ' iV ( tt �t �< rt { it. rJ/ - r ' 1623 E ty� s t �'F 1736 r� r> 4r, t x! 1T66 117i�8 i �� v� . ®� �; €,k Z _ it / t ` ( r 1760 t� 1 1k s £ .r+” 'i i Fs F (r' fir:_ �tt� �'' It ti i /[}0, e 4 fl, ' =. t i�:y f.,, t - 7 t> f' 'Tr�t�pr ri. i 4 tt BID SUMMARY 2015 SEWER MANHOLE SEALING (INFLOW AND INFILTRATION MITIGATION) CITY CONTRACT NO. 15 -08 CITY PROJECT NO, 1182 Bid Date/ Time: 11:00 a.m., Thursday February 26, 2015 Estimate: $21,825 Contractors Ess Brothers and Sons, Inc. Total Base Bid $21,150 Over /Under Estimate -3,1% Infrastructure Technologies, Inc. $23,175 +6.2% Agenda Information Memo March 17, 2015 Eagan City Council Meeting CONSENT AGENDA M. Project 1141, Elrene Road Street Improvements Action To Be Considered: Approve a Joint Powers Agreement with the Dakota County Transportation Department for Project 1141 (Elrene Road — Street Improvements), and authorize the Mayor and City Clerk to execute all related documents. FACTS: ➢ On December 16, 2014, the City Council held a public hearing for Project 1141, Elrene Road, Yankee Doodle Road (CSAH 28) to 870' south, Street Improvements. The corresponding Council approval of this project included the authorization of the preparation of detailed plans and specifications for the 2015 construction season. • The Dakota County Transportation Department has scheduled street improvements to the adjacent Yankee Doodle Road (CSAH 28) under County Project 97 -155 during the 2015 construction season. • To provide increased economies of scale and coordination, the improvements under Project 1141 (Elrene Road) are proposed to be bid and constructed under the Dakota County contract. The proposed joint powers agreement provides for the County's construction of the Elrene Road improvements under a publicly bid contract. • The Joint Powers Agreement has been prepared by the County for formal approval by the City. As set forth in the agreement, the City's financial responsibility will be 100% of the costs associated with Elrene Road, with City special assessments to adjacent benefiting properties as identified in the Project 1141 feasibility report and presented at the public hearing. The Major Street Fund would finance the City's share of the costs beyond the proposed assessments. • The agreement has been reviewed by the Public Works Department, is consistent with past similar agreements reviewed by the Attorney's office, and is in order for favorable Council action. Attachments (0) Agenda Information Memo March 17, 2015 Eagan City Council Meeting rKe1►��?I►�re[ ► e N. Projects 923 and 1011, TH 55 /TH 149 Traffic Capacity & Safety Improvements Action To Be Considered: Approve a Force Account Agreement with the Minnesota Department of Transportation for Projects 923 and 1011 (Contract 14 -04, TH 55 /TH 149 - Traffic Capacity and Safety Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 14 -04 provides for transportation, safety and capacity improvements to Trunk Highways 55 and 149 between the south intersection of TH 55 and TH 149 and the north intersection of TH 149 and 1 -494 in the northeast corner of Eagan. ➢ The City of Eagan successfully submitted federal funding requests for this project and is serving as the lead agency for the improvements in partnership with the Minnesota Department of Transportation (MnDOT). ➢ Since the proposed improvements are being made to trunk highways under the jurisdiction of the Minnesota Department of Transportation, a Cooperative Construction Agreement was previously approved to identify the roles and responsibilities of each agency. ➢ An additional agreement between the City of Eagan and MnDOT is necessary to allow the City to receive federal reimbursement (up to $94,130) for certain components of the new traffic signal equipment. ➢ The agreement has been reviewed by Public Works staff and found to be in order for favorable Council action. Attachments: (2) CN -1 Resolution CN -2 Force Account Agreement CITY OF EAGAN RESOLUTION NO, APPROVAL OF FORCE ACCOUNT AGREEMENT T.H. 55 AND T.H. 149 CONSTRUCTION (S.P. 1909 =95 AND S.P. 1917 =44) . BE IT RESOLVED, that pursuant to Minnesota Stat, Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Eagan to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the Clerk are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 1000292 ", a copy of which said agreement was before the City Council and which is made a part hereof by reference. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Eagan at an authorized meeting held on the 17th day of March, 2015, as shown by the minutes of the meeting in my possession. Mike Maguire, Mayor Subscribed and sworn to before me this 17th day of March, 2015. Notary Public Christina M. Scipioni, City Clerk My Commission Expires a� i® J� r MnDOT Agreement No, 1000292 STATE OF MINNESOTA AGENCY AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION AND CITY OF EAGAN FOR FEDERAL PARTICIPATION IN FORCE ACCOUNT FOR S,P, 195 - 010010; KP, STPM 1914(115) This agreement is entered into by and between CITY OF EAGAN ( "City ") and the State of Minnesota acting through its Commissioner of Transportation ( "MnDOT "), Pursuant to Minnesota Statutes Section 161,36, the City desires MnDOT to act as the City's agent to accept and disburse federal funds for the construction, improvement, or enhancement of transportation financed in whole or in part by federal funds, hereinafter referred to as the "Project "; and The City is proposing a federal aid project to reconstruct the, area around Trunk Highway 149 and Trunk Highway 55. A public interest finding has determined that state furnished materials of traffic control signal systems controllers, cabinets, and cameras for the project can be completed more economically as a Force Account hereinafter referred to as the "FORCE ACCOUNT"; and The FORCE ACCOUNT is eligible for the expenditure of federal aid funds, and is identified in MnDOT records as State Project 195 -010-010, and in Federal Highway Administration ( "FHWA ") records as Minnesota Project STPM 1914(115); and The CFDA number for this project is 20,205; and MnDOT requires that the terms and conditions of this agency be set forth in an agreement, THE PARTIES AGREE AS FOLLOWS, I, DUTIES OF THE CITY, A. DESIGNATION, The City designates MnDOT to act as its agent to accept and disburse federal funds made available for the Project, B, ELIGIBILITY / COSTS, The estimated cost of the FORCE ACCOUNT is $117,662,12. 1, It Is anticipated that 80% (up to $ 94,129,70) of the cost of the FORCE ACCOUNT is to be paid from federal funds made available by the FHWA, and that the remaining 20% will be paid by the City, The City will pay any part of the cost or expense of the work that the FHWA does not pay, Agreement no, 1000292 -1- 2, Any costs incurred by the City prior to authorization, will not be eligible for federal participation, 3. Eligible cost and expense, if approved, may consist of eighty percent of the federally eligible Items listed as State furnished materials in agreement 05273 between MnDOT and the City, 4. Acceptability of costs under this agreement will be determined in accordance with the cost principles and procedures set forth in the applicable Federal Acquisition Regulations, Contract Cost Principals and Procedures, 48 Code of Federal Regulations (CFR) 31 which is hereby incorporated by reference and made a part of this agreement, 5, For costs expected to exceed $117,662,12, the City must request the preparation and execution of a supplement to this agreement, prior to incurring such costs, C. STAFFING, 1, The City will designate a publicly employed registered engineer, ( "Project Engineer "), to be in responsible charge of the Project and to supervise and direct the work to be performed under any construction contract let for the Project, If City elects to use a private consultant for engineering services, the City will provide a qualified, full -time public employee of the City, to be in responsible charge of the Project. The services of the City to be performed pursuant to this agreement may not be assigned, sublet, or transferred unless the City is notified in writing by MnDOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635,105 and state law, This written consent will in no way relieve the City from its primary responsibility for performance of the work. 2. During the progress of the work on the Project, the City authorizes its Project Engineer to request in writing specific engineering and /or technical services from MnDOT, pursuant to Minnesota Statutes Section 161 39. Such services may be covered by other technical service agreements, If MnDOT furnishes the services requested, and if MnDOT requests reimbursement, then the City will promptly pay MnDOT to reimburse the state trunk highway fund for the full cost and expense of furnishing such services, The costs and expenses will include the current MnDOT labor additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit, Provision of such services will not be deemed to make MnDOT a principal or cowprinoipal with respect to the Project, 3, The City will furnish the personnel, services, supplies, and equipment necessary to properly supervise, Inspect, and document the work for the Project. D. CONTRACT ADMINISTRATION, 1. The City will request approval from MnDOT for all costs in excess of the amount of federal funds previously approved for the Project prior to incurring such costs, Failure to obtain such approval may result in such costs being disallowed for reimbursement, Agrooment no, 1000292 "2n 2. The City will prepare reports, keep records, and perform work so as to enable MnIDOT to collect the federal aid sought by the City, The City will retain all records and reports in accordance with MnDOT's record retention schedule for federal aid projects. 3. Upon completion of the Project, the Project Engineer will determine whether the work will be accepted. E. PAYMENTS, 1. The entire cost of the Project is to be paid from federal funds made available by the FHWA, including eligible costs incurred as of the federal authorization date of April 3, 2014 and prior to the effective date of this Agreement, and by other funds provided by the City, The City will pay any part of the cost or expense of the Project that is not paid by federal funds. 2. The City may request partial payments not more than once each thirty (30) days. The Project Engineer will certify each partial estimate. 3. The invoice shall be a lump sum as outlined in Agreement 05273. The invoices will include 100% of eligible charges applicable to the Force Account so that the prorata share of federal and City participation can be applied to the total costs. 4. Following certification, by the Project Engineer, of the final estimate, the City may request reimbursement for costs eligible for federal funds. The City's request will be made to MnDOT and will include a copy of the certified final estimate along with the required records. 5. Reimbursement of costs under this agreement will be based on actual costs, but limited to eligible items. F, LIMITATIONS, 1. The City will comply with all applicable Federal, State, and local laws, ordinances, and regulations. 2. Nondiscrimination. It is the policy of the Federal Highway Administration and the State of Minnesota that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of the mandate for nondiscrimination in Title VI and through parallel legislation, the proscribed bases of discrimination include race, color, sex, national origin, age, and disability. In addition, the Title VI program has been extended to cover all programs, activities and services of an entity receiving Federal financial assistance, whether such programs and activities are Federally assisted or not. Even in the absence of prior discriminatory practice or usage, a recipient in administering a program or activity to which this part applies, Is expected to take affirmative action to assure that no person is excluded from participation in, or is denied the benefits of, the program or activity on the grounds of race, color, national origin, sex, age, or disability. It is the responsibility of the City to carry out the above requirements. Agreement no. 1000292 M3- 3. Workers' Compensation. Any and all employees of the City or other persons while engaged in the performance of any work or services required or permitted by the City under this agreement will not be considered employees of MnDOT, and any and all claims that may arise under the Workers' Compensation Act of Minnesota on behalf of said employees, or other persons while so engaged, will in no way be the obligation or responsibility of MnDOT. The City will require proof of Workers' Compensation Insurance from any contractor and sub- contractor, 4. All components purchased for this project must comply with the current Buy America policy based on the statutory provisions in the Surface Transportation Assistance Act of 1982, as implemented with a November 25, 1983, final rule and clarified by the 1997 memo. F. AUDIT, 1, The City will comply with the Single Audit Act of 1984 and Office of Management and Budget (OMB) circular A "133 including amendments and successors thereto, which are incorporated herein by reference, 2. As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books, records, documents, and accounting procedures and practices of the City are subject to examination by the United States Government, MnDOT, and either the Legislative Auditor or the State Auditor as appropriate, for a minimum of six years, The City will be responsible for any costs associated with the performance of the audit. G. CLAIMS, The City will pay any and all lawful claims arising out of or incidental to the performance of the Project work, The City acknowledges that MnDOT is acting only as the City's agent for receipt and disbursement of federal funds, and not as a principal or co- principal with respect to the Project, In all events, the City will indemnify MnDOT and hold MnDOT harmless from any claims arising out of the Project, H, FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA), This Agreement requires the City to provide supplies and /or services that are funded In whole or in part by federal funds that are subject to FFATA, The City is responsible for ensuring that all applicable requirements, including but not limited to those set forth herein, of FFATA are met and that the City provides information to the MnDOT as required. The City shall comply with the following; 1. Reporting of Total Compensation of the City's Executives, (a) The City shall report the names and total compensation of each of its five most highly compensated executives for the City's preceding completed fiscal year, if in the City's preceding fiscal year it received; I . 80 percent or more of the City's annual gross revenues from Federal procurement contracts and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and Agreement no, 1000292 �q. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ilia The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U,S.C, 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at htt : / /www.sec, ov /answers /execom ,htm,). Executive means officers, managing partners, or any other employees in management positions. (b) Total compensation means the cash and noncash dollar value earned by the executive during the City's'preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus. ill Awards of stock, stock options, and stock appreciation rights, Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non - equity incentive plans. This does not I nclude group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. I v, Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V, Above- market earnings on deferred compensation which is not tax qualified vi, Other compensation, if the aggregate value of all such other compensation (e.g, severance, termination payments, value of life insurance i paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 2. The City must report executive total compensation described above to the MnDOT by the end of the month during which this agreement is awarded. 3. The City will obtain a Data Universal Numbering System (DUNS) number and maintain its DUNS number for the term of this agreement. This number shall be provided to MnDOT on the plan review checklist submitted with the plans for each project. More information about obtaining a DUNS Number can be found at: htt :/ /fed ov.dnb,com /webform /. 5. The City's failure to comply with the above requirements is a material breach of this agreement for which the MnDOT may terminate this agreement for cause, The MnDOT will not be obligated to pay any outstanding Invoice received from the City unless and until the City Is in full compliance with the above requirements. Agrooment no, 1000292 „�y II, DUTIES OF MnDOT, A. ACCEPTANCE, MnDOT accepts designation as Agent of the City for the receipt and disbursement of federal funds and will act in accordance herewith, B, PROJECT ACTIVITIES, MnDOT will make the necessary requests to the FHWA for authorization to use federal funds for the Project, and for reimbursement of eligible costs pursuant to the terms of this agreement, Co PAYMENTS, 1. MnDOT will receive the federal funds to be paid by the FHWA for the Project, pursuant to Minnesota Statutes § 161.36, Subdivision 2, 2. MnDOT will review and certify each partial pay request, Following certification of the partial estimate, MnDOT will reimburse the City, from said federal funds made available to the Project, for each partial payment request, subject to the availability and limits of those funds. 3. Upon completion of the Project, the City will prepare a final payment request in accordance with the terms of this agreement, MnDOT will review and certify the final payment request with a final audit, 4, No more than 90% of the reimbursement due under this agreement will be paid until completion of the final audit and approval by MnDOT's authorized representative. 5. In the event MnDOT does not obtain funding from the FHWA or other funding source, or funding cannot be continued at a sufficient level to allow for the processing of the federal aid reimbursement requests, the City may continue the work with local funds only, until such time as MnDOT is able to process the federal aid reimbursement requests. D. AUTHORITY. MnDOT may withhold federal funds, where MnDOT or the FHWA determines that the Project was not completed in compliance with federal requirements. E. INSPECTION. MnDOT, the FHWA, or duly authorized representatives of the state and federal government will have the right to audit, evaluate and monitor the work performed under this agreement. The City will make available all books, records, and documents pertaining to the work hereunder, for a minimum of seven years following the closing of the construction contract, III, AUTHORIZED REPRESENTATIVES, Each authorized representative- will have responsibility to administer this agreement and to ensure that all payments due to the other party are paid pursuant to the terms of this agreement, A. The City authorized representative is Russ Matthys, Eagan Public Works Director, 3830 Pilot Knob Road, Eagan, MN 55122, or his successor. B. MnDOT's authorized representative Is Lynnette Roshell, Minnesota Department of Transportation, State Aid for Local Transportation, 395 John Ireland Agreement no. 1000292 -6- Boulevard, successor. IV. TORT LIABILITY, results thereof to and omissions of Minnesota Statute Mail Stop 500, Each party is the extent authc any others and s Section 3,736, n St Paul, MN 55155, phone 651,366,3622, or her responsible for its own acts and omissions and the prized by law and will not be responsible for the acts the results thereof, The Minnesota Tort Claims Act, governs MnDOT liability, V, ASSIGNMENT, Neither party will assign or transfer any rights or obligations under this agreement without prior written approval of the other party, VI. AMENDMENTS, Any amendments /supplements to this Agreement must be in writing and be executed by the same parties who executed the original agreement, or their successors in office. VII. TERM OF AGREEMENT, This agreement will be effective upon execution by the City and by appropriate State officials, pursuant to Minnesota Statutes Section 16C.05, and will remain in effect for three (3) years from the effective date or until all obligations set forth in this agreement have been satisfactorily fulfilled, whichever occurs first, VIII, TERMINATION, This agreement may be terminated by the City or MnDOT at any time, with or without cause, upon ninety (80) days written notice to the other party, Such termination will not remove any unfulfilled financial obligations of the City as set forth in this Agreement, In the event of such a termination the City will be entitled to reimbursement for MnDOT- approved federally eligible expenses incurred for work satisfactorily performed on the Project to the date of termination subject to the terms of this agreement, Remainder of this page left intentionally blank Agreement no, 1000292 ..7_ I ., e IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intend to be bound thereby. CITY City cortices that the appropriate person(s) have executed the contract on its behalf as required by applicable resolutions, ordinances, or charter provisions Tay; By; w8" DEPARTMENT OF TRANSPORTATION By; Title: Director State Aid for Local Transportation Date; COMMISSIONER OF ADMINISTRATION By: Agreement no, 1000292 Agenda Information Memo March 17, 2015 CONSENT AGENDA 01 Consulting Engineering General Municipal & Technical /Specialty Services Action To Be Considered: Approve Contracts with Consulting Engineering firms for General Municipal and Technical /Specialty Services included on the attached list, and authorize the Mayor and City Clerk to execute all related documents. Facts. ➢ The City has a policy of soliciting and selecting the best qualified firms through a formal Solicitation of Qualifications (SOQ) and selection process, every 5 to 7 years. The previous General Municipal Engineering and Technical/ Specialty services solicitation process had been performed in 2008. ➢ The SOQ included a General Municipal Services category and twelve categories of Technical /Specialty Services for consulting firms. Fifteen firms submitted proposals specifically for General Municipal Services and 33 firms submitted proposals for Technical /Specialty services in response to the formal request for SOQs. ➢ The proposals were reviewed by a screening committee including the Public Works Director, City Engineer, Transportation Operations Engineer, Utilities Superintendent, Water Resources Manager, Parks & Recreation Director, and IT GIS Coordinator, each reviewing those proposals in their respective categories of responsibility. ➢ The staff Screening Committee has narrowed the list of firms down to two to four in each category, and reduced the specialty categories to ten due to lack of anticipated work in those areas. ➢ If approved, the contracts will be prepared and executed in a form acceptable to the City Attorney's office. The firms are being presented to the City Council for their favorable consideration of approving contracts for such services. ATTACHMENTS (1) CO -1 General Municipal & Technical /Specialty Services Consulting Firms 1 �I� 2015 Consulting - General Municipal Services General '01i'cipal Bolton & Menk Short - Elliot- Hendrickson WSB 2015 Consulting Technical /Specialty Services Categories HTPO Sunde Land Surveying Barr Engineering Black & Veatch AE2S Wenck American Eng. Testing Braun Intertec G:Consulting Services\ Categories\App'd Tech - Specialty Consultants -2015 Final Short- Elliot- Hendrickson SRF MultiVista TKDA Agenda Information Memo March 17, 2015, Eagan City Council Meeting CONSENT AGENDA P. Approve Plans & Specifications for Fire Station Four remodel and authorize advertisement for bid. Action To Be Considered: To Approve Plans & Specifications for Fire Station Four remodel and authorize advertisement for bid. Facts. ➢ At the January 20th, 2015 City Council Meeting, council approved hiring CNH Architects for services related to design work for the remodel and expansion of Fire Station Four. o Fire Station Four is 27 years old and is in need of both mechanical and cosmetic updates. o There is also one additional garage bay being proposed to be added on the north side of the fire station. o The Fire Station is located at 4200 Dodd Road. ➢ Staff has worked with CNH over the past two months on the plans and specifications for this project. ➢ Staff is seeking authorization to advertise for bids to perform this remodel and expansion project. ➢ Copies of the plans and specifications are available from the City Clerk's Office. Attachments: (0) Agenda Information Memo March 17, 2015, Eagan City Council Meeting CONSENT AGENDA Q. Approve Resolution authorizing the Mayor and City Clerk to execute ordinary and customary contracts by electronic signature Action To Be Considered. To approve a resolution authorizing the Mayor and City Clerk to execute ordinary and customary contracts by electronic signature. Facts. ➢ The City Attorney has advised that all contracts must be approved by the City Council and signed by the Mayor and City Clerk. ➢ To facilitate efficient signing of contract documents, the proposed resolution would allow the Mayor and City Clerk to use electronic signatures to sign ordinary and customary contracts. ➢ The City Attorney is comfortable with this approach. Attachments: (1) CQ -1 Resolution RESOLUTION NO, CITY OF EAGAN AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ORDINARY AND CUSTOMARY CONTRACTS BY ELECTRONIC SIGNATURE WHEREAS, Minn. Stat. 412.221 Subd. 2 allows city councils to enter into contracts deemed necessary or desirable to make effective any power possessed by the council; and WHEREAS, Minn. Stat. 412.201 requires that every contract, conveyance, license or other written instrument shall be executed on behalf of the city by the mayor and cleric, with the corporate seal affixed, and only pursuant to authority from council; and WHEREAS, Minn. Stat. 325L.07 recognizes electronic signatures as legally enforceable; and WHEREAS, The City Council finds it in the best interest of the efficient operation of the City to authorize the Mayor and City Cleric to use of electronic signatures to execute ordinary and customary contracts. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Eagan, Dakota County, Minnesota hereby authorizes the Mayor and City Cleric to execute ordinary and customary contracts by electronic signature. Motion by: Seconded by: Those in favor: Those against: Date: March 17, 2015 Certification By: Attest: CITY OF EAGAN CITY COUNCIL Its Mayor Its Clerlc I, Christina M. Scipioni, City 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 17th day of March, 2015. Christina M. Scipioni, City Clerk Agenda Information Memo March 17, 2015 City Council Meeting CONSENT AGENDA R. Approve The 2015 Contract For July 4th Fireworks And Authorize The Mayor And City Clerk To Sign All Appropriate Documents, Action To Be Considered: To approve the 2015 July 4th fireworks display contract with RES Specialty Pyrotechnics in the amount of $25,000.00 and authorize the Mayor and City Clerk to sign all appropriate documents subject to City Attorney approval. Facts. ➢ The July 4th Funfest Board of Directors solicited proposals for a two year agreement in 2014 to cover the 2014 -15 July 4th fireworks display. ➢ Based on their review the July 4th Funfest Committee is recommending that the City Council award the contract for the 2nd year of this two year agreement to RES Specialty Pyrotechnics. ➢ RES Specialty Pyrotechnics provided the July 4th fireworks display from 2007 -2011 and 2014. ➢ The budget for this 2015 expenditure was set at $27,000 and RES has provided a proposal that is under that budget amount. Attachments: (1) CR -1 Contract from RES Specialty Pyrotechnics RE:SIS Specialty Pyrotechnics MAGIC IN THE A R DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 5th day of March, 2015 between RES Specialty Pyrotechnics, Inc. hereafter referred to as the SELLER and City of Eagan, hereafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Date(s) Time Duration Location Event Sponsor OBLIGATIONS OF SELLER: Outdoor Fireworks Display Saturday, July 4, 2015 10:00 PM (approximately) 26 -29 minutes (depending on intensity) Eagan Community Center; Eagan, MN City of Eagan SELLER shall provide all materials, equipment and personnel necessary to perform the above - mentioned display. SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2010 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2011 edition. SELLER shall provide show liability insurance in the amount of $5,000,000.00 to cover the fireworks display and cleanup. The SELLER will work with the City on cleanup of adjacent properties. The SELLER shall include the BUYER, as co- insured on Certificate of Insurance. The SELLER shall carry the following insurance coverage: A. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Minnesota. B. Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage. The contractor shall provide a certificate of liability insurance, and a copy of additional insured endorsement by May 5, 2014, evidencing such coverage and, at City of Eagan's request, furnish the City of Eagan with copies of insurance policies and with evidence of payment of premium or fees of such policies. OBLIGATIONS OF BUYER: BUYER shall provide a suitable location for firing of the fireworks display. BUYER shall provide and cover all costs for security and safety at the display site. 21665 286th Street x Belle Plalne, MN 66011 w Phone: 882,873.3113 n Fax: 662.873,2869 1 TERMS AND CONDITIONS: The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. This agreement shall run no longer than one (1) calendar year. However, if before the date of the scheduled performance, the BUYER has not performed fully its obligations under the terms of this agreement or that the financial credit of the BUYER has been impaired, the SELLER may cancel this agreement at any time. In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the SELLER for any damages, compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually agreeable date. PAYMENT: Contracted amount: $25,000.00 inclusive of sales tax, if applicable. Contracted amount includes fire watch and permit fee. All payments shall be paid by BUYER to and in the name of RES Specialty Pyrotechnics, Inc. in the form of a company check, certified bank check, money order, or cash. CANCELLATION: In the event the BUYER cancels this agreement any time during the contract period, the SELLER shall be entitled to and receive 25% of the contracted fee for the remainder of the contract period plus compensation for any pre- and post - production costs incurred. THIS AGREEMENT is the whole agreement of the parties' above named. No representation inducement or agreement has been given by one to the other to enter into this agreement other than expressly set forth herein. This agreement shall not be altered, modified, or amended except in writing by a duly authorized officer of each party. IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below. CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS. City of Eagan: Title: Signature: Date: City Clerk: Date: SELLER: Ery Haman - RES Specialty Pyrotechnics Title: Director of Business Devel Signature: Date: 3/5/2015 21686 288th Street s Belle Plalne, MN 69011 ■ Phone: 962.873.3113 w Fax: 952.873.2859 2 Agenda Information Memo March 17, 2015 Eagan City Council Meeting CONSENT AGENDA S. Authorize the Placement of Eagan Rotary Signs on the Welcome to Eagan Signs Action To Be Considered. Authorize the Eagan Rotary Club to place Rotary Club International signs on specified Welcome to Eagan signs as approved by Public Works staff, Dakota County or the Minnesota Department of Transportation (MnDOT). Facts: ➢ The Eagan Rotary Club has been studying the possibility of installing Rotary Club signage at various locations throughout the City. ➢ The signs would be similar to the Rotary wheel signs as depicted on the attachment, without the reference to the meeting time and location. ➢ The Rotary Club will pay for the signs and contract with a sign installer and locate these at approximately 12 sites in near the City boundary, all according to the standards set by the City, County and MnDOT. All sign installations will require acknowledgement of City authorization on a permit application and permit approval by the jurisdictional authority. ➢ The exact location of the signs would be coordinated with the City of Eagan, Dakota County and MnDOT. Attachments: (3) CS -1 Rotary Wheel Sign CS -2 Photo of MnDOT Sign CS -3 Photo of a Welcome to Eagan Sign on a County Highway i + Pi S R+ 'm Wi r •r .: sa r c i 1 F 1 l + � y a r It r � ' t + ��e �l + ?e 1 } 1{c�yF4i tM1: C 2 3 ti AL sl 119, 9 } 4•Y 3 dx S�SJY U?%3..XY n: s: 11 1 1 1 Wi r •r .: sa r c i 1 F 1 l + � y a r It r � ' t + ��e �l + ?e 1 } 1{c�yF4i tM1: C 2 3 ti AL sl 119, 9 } 4•Y 3 dx S�SJY U?%3..XY n: s: 11 Agenda Information Memo March 17, 2015, Eagan City Council Meeting CONSENT AGENDA T. Approve Exempt Permit for the YMCA of the Greater Twin Cities to hold a raffle on June 28, 2015 at 1360 Civic Center Drive Action To Be Considered: To adopt a resolution approving an Exempt Permit for the YMCA of the Greater Twin Cities to conduct a raffle on June 28, 2015 at Cascade Bay, 1360 Civic Center Drive. Facts: ➢ The YMCA of the Greater Twin Cities 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 YMCA OF THE GREATER TWIN CITIES WHERAS, the YMCA of the Greater Twin Cities has applied for an Exempt Permit to conduct a raffle on June 28, 2015; 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 YMCA of the Greater Twin Cities to conduct a raffle on June 28, 2015 at 1360 Civic Center Drive, Motion by: Seconded by: Those in favor: Those against: Date: March 17, 2015 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, 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 17th day of March, 2015, City Clerk Agenda Information Memo March 17, 2015, Eagan City Council Meeting CONSENT AGENDA U. Approve A Resolution To Accept A Donation For Purchase Of A Portable Sound System For Eagan Puppet Wagon From Honeywell and Dakota Electric Association. Action To Be Considered: To approve a resolution to accept a donation of $386.16 from Honeywell and $325.00 from Dakota Electric Association for a total of $711.16 for the purpose of purchasing a replacement portable sound system for the Eagan Puppet Wagon for use at Parks & Recreation community events and to authorize the necessary budget adjustment and direct the Mayor and City Clerk to sign the appropriate documents. Facts: ➢ The Parks & Recreation Department hosts a number of community events at locations throughout the community. The Puppet Wagon is in need of replacing its portable sound system and unit will be used for various performance and announcement needs at puppet shows in the community. ➢ By approving these donations the 2015 Puppet Wagon budget would receive a corresponding budget adjustment reflecting the cash donations of: ■ $368.16 to budget line item 3060 -6227. ■ $325.00 to budget line item 3060 -6227. Attachments: (1) CU -1 Resolution Honeywell and Dakota Electric Association CITY OF EAGAN RESOLUTION TO ACCEPT CASH DONATIONS FROM HONEYWELL INTERNATIONAL CHARITY MATCHING AND DAKOTA ELECTRIC ASSOCIATION WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, Honeywell and Dakota Electric Association, have expressed an interest in partnering with Eagan Parks & Recreation to support the community event; and WHEREAS, Honeywell has offered to donate $368.16 and Dalcota Electric Association $325.00 to support the purchase of a replacement sound system for the Eagan Puppet Wagon for City programs and events; and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the $368.16 cash donation from Honeywell and the $325.00 cash donation from Dakota Electric Association to support Eagan Parks & Recreation community events. Motion made by: Seconded by: Those in favor: Those against: Dated CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Cleric 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 17th day of March, 2015, City Clerk Agenda Information Memo March 17, 2015, Eagan City Council Meeting CONSENT AGENDA V. Approve Exempt Permit for the Eagan Athletic Association to hold a raffle on May 840, 2015 at 4201 Lexington Avenue Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Eagan Athletic Association to conduct a raffle on May 8 -10, 2015 at 4201 Lexington Avenue. Facts: ➢ The Eagan Athletic Association 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) CV -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN ATHLETIC ASSOCIATION WHERAS, the Eagan Athletic Association has applied for an Exempt Permit to conduct a raffle on May 8 -10, 2015; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Eagan Athletic Association to conduct a raffle on May 8 -10, 2015 at 4201 Lexington Avenue, Motion by: Seconded by: Those in favor: Those against: Date: March 17, 2015 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 17th day of March, 2015, City Clerk Agenda Information Memo March 17, 2015, Eagan City Council Meeting 141610 O!0kWm ► P W. Approve Exempt Permit for the Eagan Athletic Association to hold a raffle on June 12, 2015 at 1540 Deerwood Drive Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Eagan Athletic Association to conduct a raffle on June 12, 2015 at 1540 Deerwood Drive. Facts. ➢ The Eagan Athletic Association 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) CW -1 Resolution RESOLUTION NO, CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN ATHLETIC ASSOCIATION WHERAS, the Eagan Athletic Association has applied for an Exempt Permit to conduct a raffle on June 12, 2015; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Eagan Athletic Association to conduct a raffle on June 12, 2015 at 1540 Deerwood Drive, Motion by: Seconded by: Those in favor: Those against: Date: March 17, 2015 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Seipioni, 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 17th day of March, 2015. City Clerk Agenda Information Memo March 17, 2015, Eagan City Council Meeting A. Ordinance Amendment — Bee Keeping Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) an Ordinance Amendment to Chapter 10 to allow bee keeping on single family residential properties subject to the standards outlined in the draft ordinance. To approve a resolution (or direct preparation of Findings of Fact for Denial) establishing a fee for beekeeping permits. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The current City Code considers beekeeping an agricultural pursuit and agricultural activities are only allowed on properties zoned A- Agriculture. This is the same situation that the City faced when the topic of residential chicken keeping was broached. ➢ Key points of the proposed amendment are similar to keeping chickens in that there is a permit approval process which includes scaled drawings of the proposed setup and site inspection by Animal Control once the colony is set up. ➢ The proposed ordinance mirrors the Minnesota Hobby Beekeepers Association model ordinance. Additionally, prospective beekeepers would be required to successfully complete a minimum eight (8) hours of a beekeeping basics course or proof of three (3) or more consecutive years of actual beekeeping experience within the past five (5) years. Issues: None 60 -Day Agency Action Deadline: N/A Attachments: (3) OBA -1 Draft Ordinance OBA -2 Staff Report OBA -3 Resolution ORDINANCE NO, 528 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.12 REGARDING KEEPING OF HONEY BEES BY PERMIT AND REGULATIONS THEREOF; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99, The City Council of the City of Eagan does ordain: Section 1. Chapter 10 of the Eagan City Code is hereby amended by adding §10,12, subd. 9 to read as follows: Subd. 9 Keeping of honeybees. A. Definitions. As used in this subdivision, the following definitions shall apply: Apiary means the assembly of one (1) or more colonies of honey bees on a single lot. Apiary site means the lot upon which an apiary is located. Applicant or Permit holder means any beekeeper and any other person who has applied for or has been issued a permit under this subdivision. Beekeeper means a person who: (i) owns or has charge of one (1) or more colonies of honey bees; or (ii) who owns or controls the property on which a honey bee colony is located whether or not the person is intentionally keeping honey bees. Beekeeping equipment means anything used in the operation of an apiary, including but not limited to: hive bodies brood boxes; supers; hive frames; top and bottom boards, including any platforms; beekeeping tools or supplies; and extractors. Colony means an aggregate of honey bees, consisting generally of one (1) queen bee, worker bees, drone bees, or any combination thereof, and at times including brood, comb, pollen and honey. Hive means the receptacle intended for the habitation of a colony, which may be a "top bar" hive or a traditional multistoried 8 -10 frame hive that has one or more brood boxes, plus any honey supers as may be added. Honey bee means all life stages of the common domestic honey bee, apis mellifera species. Lot means one unit of a recorded plat, subdivision or registered land survey, or a recorded parcel described by metes and bounds. 1 Nucleus hive means a hive receptacle or hive body that is 9 -5/8 inches deep, and holds 3 -5 frames and a small quantity of honey bees, which may include a queen, for particular beekeeping purposes, such as starting a new colony, introducing of a new queen to an existing colony, or rearing a new queen. Person means any individual, partnership, corporation, company, limited liability company, other entity, or unincorporated association. Swarming means the process where a queen bee leaves a colony with a large group of worker bees. Undeveloped property means any lot that is not improved with a structure that has or is required to have a certificate of occupancy. B. Beekeeping permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any honey bee colony within the city, except: 1. In an area zoned as agricultural; or 2. Pursuant to a permit issued by the city under this subdivision on a lot or parcel of record zoned for single family detached dwelling. C. Permit application and permit fees. An application for a permit hereunder shall be filed with the city cleric upon an application form furnished by the city. The permit fee, which shall be paid and filed with the permit application, shall be in an amount established by city council resolution. A permit issued hereunder shall be for duration of one year from its date of issuance. An application for permit renewal shall be filed 60 days prior to the expiration of the then current permit. The permit application shall include, but not be limited to, the following: 1. The full name and address of the following persons: (a) The applicant (person signing the application form); and (b) The owner(s) of record of the premises on which colony(s) are sought to be kept and for which the permit would apply. 2. The street address of the lot on which colony(s) are sought to be kept. 3. The number of colony hives to be kept on the premises. 4. A detailed sketch plan of the lot on which colony(s) are sought to be kept, including the lot dimensions, the proposed location of all colony hives, the accurate measurements in feet and inches of the proposed location of all colony hives to each of the lot's property lines, and the accurate measurements in feet and inches from all colony hives to each 2 dwelling unit on all adjacent lots, including any attached garage or deck, patio, swimming pool area, or other outdoor living space of the adjacent lot(s). 5. A statement certifying whether the property's homeowners' association rules, if any, prohibit the keeping of bees on the property for which the application is sought; 6. If the applicant is not the fee owner of the premises on which the honey bees are sought to be kept and for which the permit would apply, the application shall be signed by all fee owners of the premises. 7. Proof of successful completion of a beekeeping basics course (minimum of 8 hours of class time) through the University of Minnesota— BeeLab, a community education program or a local beekeeper club /association within 12 months of the date of application or proof of 3 or more consecutive years of actual beekeeping experience, established by substantiated evidence thereof, within 5 years immediately preceding the date of application. 8. If a flyaway barrier is required due to the proposed location of the colony hive(s), the applicant shall submit a detailed description of the material to be used for the barrier and the proposed location, which shall be subject to the city's review and approval before the issuance any permit hereunder. 9. Any other and further information as the city deems necessary. D. Granting or denying issuance of permit. The city clerk may grant an initial or renewal permit under this subdivision; however, a permit may not be issued or renewed unless the application filed demonstrates compliance with the requirements of this subdivision. The city cleric shall deny a permit hereunder for any of the following reasons: 1. The application is incomplete or contains false, fraudulent or deceptive statements. 2. The applicant does not or has not complied with one or more of the provisions of this subdivision. 3. The premises for which the permit is sought, including, but not limited to, the proposed or existing location of the colony hives, is not in compliance with any provisions of this subdivision, other city code provisions or state laws relating to zoning, health, fire, building or safety. 4. The applicant or owner of the premises where the colony(s) are to be kept has been convicted of a violation of this subdivision. 5. The applicant is not the owner of the colony(s) proposed to be kept on the premises. 3 6. The applicant is not the occupant of the premises for which the permit is sought to be issued. E. Conditions of Permit. 1. Honey bee colonies shall be kept in hives with removable frames. The hive body and all frames shall be kept in good repair and in sound and bee - healthy condition. Any hive body part that has been painted shall be free of peeling and flaking paint. No hive body shall be rotted or in a rotting condition. 2. Each colony shall be provided with a source of clean water either through the use of a boardman feeder or other non - stagnant water source located on the apiary site. Every effort shall be made to ensure that the water source is free of chemicals. 3. All hive or colony debris, including, but not limited to: dead bees, comb wax, burr comb, honey, or propolis, shall be promptly cleaned up and disposed of in a tight fitting waste container or stored indoors and shall not be allowed to remain outdoors, including within any accessory structure. 4. For each colony hive permitted to be maintained under this subdivision, no more than one nucleus hive with no supers, is permitted, and in no case shall an aggregate total of one nucleus hive for every 2 colony hives that are permitted hereunder be permitted after the nucleus hive's initial summer season. 5. Beekeeping equipment shall be maintained in good repair and condition, including keeping the hives painted if they have been painted but are peeling or flaking. 6. No beekeeping equipment or unused hives, frames or nucleus hive boxes shall be stored outdoors. 7. Each hive shall be continuously managed with best beekeeping practices to provide adequate and healthy living space for the resident honey bees in order to prevent swarming. 8. When bees of a colony exhibit aggressive behavior that is consistently frequent, such as stinging and attacks, it shall be the duty of the permit holder to promptly determine the cause thereof and correct the cause, including replacing the queen ( "re- queening" the colony), if necessary. 9. Fruit trees and other flowering trees while in full bloom and any other vegetation that are located on an apiary site shall not be sprayed with any pesticide or other substance which is injurious to honey bees. 10. The permit issued hereunder applies only to the premises for which the permit was obtained. The permit shall not be transferable to any other property or site within the city. 11 11. Prior to relocating the hive colonies on the apiary site to a location other than as described at time of permit issuance, the permit holder shall notify the city and upon written approval of the new proposed location on the apiary site. 12. Upon the issuance of the permit and full set up of the first hive colony on the apiary site, the permit holder shall permit the city's designated personnel to inspect the apiary site, the colony hives and the location where all beekeeping equipment is stored for the purpose of ensuring compliance with this subdivision. 13. All colony hives shall comply with the colony location and colony density requirements as set forth herein. 14. No queen bees shall be reared for the purpose of sale to a third party or sold from the apiary site. 15. No colony hive shall be kept or located on any rooftop. F. Colony Location on Apiary Site Requirements. All hive colonies under a permit issued under this subdivision shall comply with the following requirements: 1. Excluding lots that are zoned agricultural or are ten (10) acres or more in size, no hive shall be located in the front yard or the side yard. For the purposes of this subdivision, a corner lot shall be considered to have two (2) front yards regardless of the orientation of the primary residence or driveway. 2. In no instance shall any part of a hive be located within twenty (20) feet of any lot line. 3. In no instance shall any part of a hive be located within thirty (30 feet of any dwelling unit, or any deck, patio, swimming pool area or other outdoor living space thereof, on any adjacent lot to the apiary site. This paragraph applies to any residential dwelling located in any zoning district. 4. While following best beekeeping practices by orienting a colony hive's front entrance in an east to southeast direction, the permit holder shall nevertheless have all colony hives on the apiary site in a location that best results in the front entrance of all colony hives facing into the apiary site's lot and not toward or into an adjacent lot. 5. Except as otherwise provided in this subdivision, if any part of a hive is kept within twenty -five (25) feet of a lot line of the apiary site or within thirty -five (35) feet of a dwelling unit, or any deck, patio, swimming pool area or other living space therefor, on an adjacent lot, then a flyway barrier of at least six (6) feet in height shall be establish and maintain along but within the apiary site lot line in accordance with the following requirements: 5 a. The flyway barrier shall be either a stone wall, solid fence, dense vegetation or a combination thereof, in order that honey bees must fly over, rather than through, the material to reach the colony. All flyover barriers shall be constructed of high quality, durable material and maintained in accordance with all City Code provisions herein. b. If a flyway barrier is created by dense vegetation, then the initial planting may be four (4) feet in height, so long as the vegetation reaches a height of six (6) feet or higher within two (2) years of planting. The vegetation shall be of such specie and cultivation that it provides a dense screening from 6 inches from grade to the top of the vegetation year round. c. The flyway barrier shall continuously run parallel to the apiary site's lot line for a distance of ten (10) feet in both directions in front of each hive entrance side; unless the barrier is installed to completely surround the hive(s). d. A flyway barrier is not required for any hive if the lot abutting the apiary site lot is: (1) undeveloped property; or (2) zoned agricultural or 10 acres or more in size. If, at any time subsequent to the issuance of a permit hereunder, the lot abutting the apiary site lot is developed or rezoned or subdivided to lots less than 10 acres, the permit holder shall install a flyaway barrier if otherwise required hereunder. 6. The permit holder shall comply with the home occupation regulations set forth in the zoning regulations of this Code, with the exception that hives may be visible from the street and activity related. to the keeping of bees and harvesting of honey may be conducted within an attached garage or detached accessory structure on the apiary site lot. G. Density Restrictions of Colony Hive(s), 1. The number of colony hives permitted on an apiary site pursuant to a permit issued hereunder is restricted as follows based on the size of the lot on which the apiary is located: • Less than one -half (1/2) acre: 2 colony hives • One -half (1/2) acre to Three - fourth (3/4) acre: 4 colony hives • More than Three - fourth (3/4) acre to one (1) acre: 6 colony hives • More than one (1) acre to five (5) acres: 8 colony hives • More than five (5) acres: no restriction 2. If any person, within the city, collects a honey bee swarm or removes a honey bee colony from a location where they are not desired, then the person shall not be deemed to 0 be in violation of this subdivision, provided the person notifies the city within t2 hours of acquiring the honeybees and the colony is kept or maintained no more than 30 days on the apiary site of a beekeeper who has a valid permit under this Subdivision. H. Revocation or Suspension of Permit. A violation of any provision of this subdivision or any condition placed on the permit issued hereunder shall constitute grounds for revocation or suspension of a permit, in addition to any of the following: 1. Fraud, misrepresentation or false statements on the permit application, regardless if first discovered after the issuance of the permit or renewal of the permit. 2. The keeping of honey bees in an unlawful manner or a manner so as to constitute a public nuisance or to otherwise adversely affect the health, safety or general welfare of the public. Section 2. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Eagan Applicable to the Entire Ci "Violation a Misdemeanor" verbatim. Section 4. Effective according to law. ATTEST. By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: City Code Chapter 1 entitled "General Provisions and Definitions ty Code Including 'Penalty for Violation "' and Section 10.99, entitled are hereby adopted in their entirety by reference as though repeated Date. This ordinance shall take effect upon its adoption and publication CITY OF EAGAN City Council By: Mike Maguire Its: Mayor Date Ordinance Published in the Legal Newspaper: 7 The following is the official summary of Ordinance No the City of Eagan on , 2014. as approved by the City Council of ORDINANCE NO, SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES" BY AMENDING SECTION 10.12 REGARDING KEEPING OF HONEY BEES BY PERMIT AND REGULATIONS THEREOF; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99, Section 10.12, governing the keeping and harboring of animals and fowl, is amended to allow beekeeping within the City. The amendment provides that beekeeping is allowed only in agricultural and single family residential zones and only by permit. The amendment further sets forth regulations of beekeeping pursuant to the permit. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. �3 PLANNING REPORT CITY OF EAGAN REPORT DATE: February 13, 2015 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01- OR- 02 -01 -15 HEARING DATE: March 17, 2015 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to City Code Chapter 10, Section 10.12, relative to the keeping of honey bees on single family residential property. BACKGROUND /HISTORY City staff has been approached by a number of people directly and via GovQA regarding the City Code requirements for beekeeping and the ability to allow apiaries on residential properties. The level of interest was shared with the City Council and they directed staff to research the topic, gather information and work with the Advisory Planning Commission (APC) to review the activity. At their November 25, 2014 Workshop, the APC reviewed and discussed a model beekeeping ordinance prepared by the Minnesota Hobby Beekeepers Association and a "Keeping of Honeybees" ordinance adopted by Eden Prairie in 2014. The APC reached a favorable consensus to consider amending the City Code. The outcome of the APC Workshop was shared with the Council and they directed staff to initiate the ordinance amendment process at their February 3, 2015, City Council meeting. EXISTING CONDITIONS The current City Code considers beekeeping an agricultural pursuit and agricultural activities are only allowed on properties zoned A- Agriculture. Additionally, the minimum lot size in the Planning Report — Ordinance Amendment March 17, 2015 Page 2 Agriculture zone is 5 acres. This is the same situation that the City faced when the topic of residential chicken keeping was broached. The proposed amendment is the Chapter 10; as such, the item goes straight to the City Council where the Council will hold the Public Hearing and take action. EVALUATION OF REQUEST Residential beekeeping is allowed in a number of cities including Eden Prairie, Minneapolis, Saint Paul and Stillwater. The City Attorney has prepared a draft ordinance that mirrors the Minnesota Hobby Beekeepers Association model ordinance which also appears to be the foundation for the ordinances created for each of the cities listed above. Some of the key points are similar to keeping chickens in that there is a permit approval process which includes scaled drawings of the proposed setup and site inspection by Animal Control once the colony is set up. In addition, the draft beekeeping ordinance requires each applicant to provide proof of successful completion of a minimum eight (8) hours of a beekeeping basics course or proof of three (3) or more consecutive years of actual beekeeping experience within the past five (5) years. SUMMARY /CONCLUSION The City Attorney has prepared a draft ordinance for Eagan that mirrors the Minnesota Hobby Beekeepers Association model ordinance. Prospective beekeepers would be required to complete a beekeeping basics course and an annual permit would be necessary. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 10, Section 10.20 relative to beekeeping on single family residential property. RESOLUTION NO, APPROVING AMENDMENT TO THE 2015 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees listed below shall be effective immediately: • Beekeeping permit: Motion by: Seconded by: Those in favor: Those against: Date: March 17, 2015 $50.00 Certification By: Attest: CITY OF EAGAN CITY COUNCIL Its Mayor Its Clerk I, Christina M. Scipioni, City 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 17th day of March, 2015, Christina M. Scipioni, City Clerk Agenda Information Memo March 17, 2015, Eagan City Council Meeting OLD BUSINESS Be Ordinance Amendment — Indoor Shooting Ranges Actions To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) an Ordinance Amendment to Chapters 6, 10 & 11 to allow for indoor firearms shooting ranges in Industrial Zoned properties subject to the standards outlined in the draft ordinance. To approve a resolution (or direct preparation of Findings of Fact for Denial) establishing fees for indoor firearms shooting range licenses. Required Vote For Approval. ➢ Majority of Councilmembers present Facts: ➢ An indoor gun range would be considered "recreation, indoor" which is a permitted use on property zoned Limited Industrial (1 -1); however, the activity itself is barred by City Code Section 10.10, which prohibits the discharge of firearms within the City, save for the Police Shooting Range and the West End Fishing & Hunting Club. ➢ In combination, the proposed amendment to Chapters 6, 10 and 11 will allow for indoor firearms shooting ranges provided certain standards are met. ➢ The Advisory Planning Commission held a Public Hearing on February 23, 2015 and they are recommending approval. Issues: None 60 -Day Agency Action Deadline: N/A Attachments: (4) OBB -1 Draft February 23, 2015 APC Minutes OBB -2 Draft Ordinance OBB -3 Staff Report OBB -4 Resolution Advisory Planning Commission February 23, 2015 Page 13 of 14 G. Shooting Range Ordinance Applicant Name: City of Eagan Application: Ordinance Amendment File Number: 01- OR- 01 -01 -15 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated February 13, 2015. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public back to the Commission. Members Sagstetter and Dierkes had questions regard in the amendment. City Attorney Bauer stated the language p Secretary Piper stated he was not in favor o Eagan. Chair Filipi stated he was also con did not believe the amendment wo trained professionals are involved. Member Prashad moved Ordinance Amendment.ti shooting ranges A vote was turned the discussion verbiage contained it would result in` more guns in of guns in the City but stated he d j,hat he supports the use when o recommend approval of an relative to indoor firearms Draft City Code Amendments Indoor firearms Shooting Range • Section 10.10 Dangerous weapons and articles, Subd, 4, Exception. Subdivision 3 of this section shall not apply to; C. The discharge of firearms wi hin an indo r firearms shooting ran o gratin under a license issued by the Cit y after January 0153 at the Apple Valley/Eagan poll ce firearm rang or in or at an approved firearms shootin, range operating under a permit issued by the council prior to August 15, 1989, • Section 11.60, subd, 14. I -1 Limited. Industrial :District, B. Permitted uses. 2. Commercial recreation— Indoor; an indoor firearms shooting range shall be subject to the regulations thereof elsewhere in this Code, • Add; Section 6,40, Indoor Firearms Shooting Range, See Attached. Section 6,40, Indoor Firearms Shooting Range, Subd, 1, License required, It is unlawful far any person or entity to operate or permit to be operated any firearms shooting range or facility except as permitted herein and pursuant to a license issued therefor from the city as provided in this Section. No license shall be issued for any firearms shooting range or facility unless all shooting operations occur within the building of the licensed premises. No license under this Section shall be required for the permitted firearm shooting ranges existing within the City as the effective date of the ordinance adopting this Section, Subd. 2. Applications and licenses under this chapter— Procedurc and administration. A. Application. All applications shall be filed with the city cleric upon forms prescribed by the city, together with such information as required on the application form and as set forth herein, All questions asked or information required by the application forms shall be answered fully and completely by the applicant, All applications shall be subject to a criminal background investigation. Be False statements. It is unlawful for any applicant to intentionally make a false statement or omission upon any application form. Any false statement in such application or any willful omission to state any information requested on the application form shall, upon discovery of such falsehood, be grounds for denial of a license or, if already issued, shall render the license issued pursuant thereto void and of no effect immediately upon notice, C, Application and investigation fees, At the time of the initial application, the applicant shall pay the application and background investigation fees as duly set by Council resolution. An additional fee of $200,00 for each person or entity beyond five having an interest in the proposed licensed establishment shall be required. An escrow of $1,000.00 for applicants residing outside of the state shall be required to reimburse the city for out -of= pocket investigative costs and the escrow shall be released upon payment in full of actual investigation costs, D. Corporate applicants and licensees, A corporate, partnership or other legal entity applicant, at the time of application, shall furnish the city with a list of all persons and entities that have an ownership interest or control in the applicant entity in excess of 5% and the extent of such interest, The list shall name all shareholders, partners or members, as the case may be, and state the number of shares /units held by each, either individually or beneficially for others. It is the duty of each licensee to notify the city cleric- treasurer in writing of any change in legal ownership or beneficial interest in such entity, Any change in the ownership or beneficial interest in the interest entitled to be voted at a meeting of the owners of the licensee, which results in the change of voting control of the entity by the persons owning the shares /units therein, shall be deemed equivalent to a transfer of the license issued to the entity, and any such license shall terminate 30 days after any such change in ownership or beneficial interest unless the council has boon notified of the change in writing and has approved it by 2 appropriate action. The council or any officer of the city designated by it may at any reasonable time examine the stock /unit transfer records and minute books of any licensee in order to verify and identify the shareholders /partners /members, and the council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The council may revoke any license issued upon its determination that a change of ownership in the entity licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the council on notice to the licensee. E Action, 1. Granting. Prior to consideration of any application for an initial license or renewal, the applicant shall pay the license application and investigation fees. The city clerk may reject any incomplete application and an application will not be considered until a fully complete application is submitted. Upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the council, the license application fee shall be refunded to the applicant but the investigation fee shall not be refunded if any background investigation commenced by the City. The completed application for the initial license shall be considered for approval by the city council, The renewal application may be considered for approval by the city clerk. A license hereunder shall be denied if the applicant or proposed licensed establishment does not meet all the requirements and conditions for licensing as set forth in this Section or elsewhere in this Code. 2. Issuance. If an application is approved, the city clerk- treasurer shall forthwith issue a license pursuant thereto in the form prescribed by the city and upon payment of the license fee. All licenses shall be on a calendar -year basis unless otherwise specified herein, For licenses issued and which are to become effective other than on the first day of the license year, the fee to be paid with the application shall be a pro rata share of the annual license fee, Licenses shall be valid only at one location and on the premises therein described, F. Transfer. No license shall be transferable between persons or entities or to a different location. Any change in individual ownership or substitution of partners is a transfer. However, a change In corporate name shall not be considered a transfer If at least 90 percent of the Issued and outstanding shares are in the same ownership as at the time of original application. It is unlawful to make any transfer in violation of this subparagraph. Subd. 3. Resident manager or operation agent. At the time of application and before a license is issued under this Section to an individual who is a nonresident of the state, to more than one individual whether or not they are residents of the state, or to a 3 corporation, partnership, or association, the applicant shall designate in writing a natural person, who shall be a resident of Minnesota, as its operation manager or agent of the licensed establishment. Such operation manager or agent shall, by the terms of his /her written consent (1) take full responsibility for the conduct of the licensed premises, and (2) serve as agent for service of notices and other process relating to the license; and (3) shall be subject to the criminal background investigation for the license. Such operation manager or agent must be a person who, by reason of age, character, reputation, and other attributes, could qualify individually as a licensee hereunder. If such manager or agent ceases to be a resident of Minnesota or ceases to act in such capacity for the licensee without appointment of a successor, the license issued pursuant to such appointment shall be subject to revocation or suspension. A non - refundable investigation fee of $300.00 shall be paid to the city for all changes in the designated operating managers) at the licensed establishment. Subd. 4. Persons disqualified for a license under this Section. No license under this Section shall be issued to an applicant if the applicant or the designated operation manager is: A. A person not a citizen of the United States or a resident alien; B. A person who within five years of the license application has been convicted of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession of firearms; C, A person who has had a federal or state firearms related license or permit revoked within five years of the license application, or to any person who at the time of the application owns any interest, whether as a holder of more than five percent of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested that has had a federal or state firearms - related license or permit revolted within five years of the license application; D. A person under the age of 21 years; E. A person who is ineligible to sell, transfer, deal, receive or possess firearms under Minnesota or federal law, F, No license under this Section shall be granted for operation on any premises upon which real property taxes, assessments, or installments thereof, or other financial claims of the city are owed by the applicant and are delinquent and unpaid. For the purpose of this subparagraph, "applicant" Includes persons and related persons, (1) owning at least a 50 percent beneficial interest in the proposed license or In the entity malting the application, and (2) at least an undivided one -half interest in the premises proposed to be licensed, or at least a 50 percent beneficial interest in the entity owning such premises. The term applicant as used in this Subdivision shall include any natural person who is an T ndividual applicant or any natural person who owns more than a 5% beneficial interest in the legal entity named as applicant and any spouse of such person. Subd. 5. Responsibility for Conduct on Licensed Premises. The licensee under this Section shall be responsible for the conduct at the licensed premises and shall maintain W conditions of safety and order therein. Any act of an employee of the licensee in or at the licensed premises is the act of the licensee; and every such employer is liable to all of the penalties, except criminal penalties, provided by law for such conduct. Subd. G Conditions of License, No license shall be issued hereunder unless the following conditions are met and all licenses issued hereunder shall be subject to the following conditions: A. No license shall be granted for premises located in a zoning district other than limited industrial (I4). B. The operations under the license shall comply with all regulations in this Code. C. No alcoholic beverages, narcotic drugs or controlled substances, as such terms are defined by Minnesota statutes or the City Code, shall be permitted on licensed premises, D. No person under the influence of alcohol or drugs shall be permitted to enter or remain in the licensed premises. B. No person under the age of 18 shall be permitted to enter or to remain in the licensed premises, unless accompanied by it parent or an adult chaperone not less age 25. F. Discharge of firearms shall occur only within the designated shooting range area within the building of the. licensed premises; no person shall discharge any firearm outside of the licensed premises. G. No exploding targets shall be permitted within the licensed premises. H. All persons transporting any firearm onto and from the licensed premises shall possess and transport the firearm in accordance with Minnesota state laws governing possession and transport of firearms, I. Any patron in the licensed premises who is known by the licensee to be restricted from possession of a firearm under Minnesota or federal laws shall not be permitted to shoot any firearm within the licensed. premises. i. The interior improvements to the licensed premises shall be designed and constructed to attenuate and contain all firearm discharge noise to within the inside of the building; firearm discharge shall not be audible outside of the licensed premises. K. The licensed premises shall be equipped with a security alarm system and a surveillance system that has full audio recording and video recording that has infrared capability with high definition video resolution, all of which shall be in operation at all times, The video surveillance shall be directed at all entrances, all areas of the shooting range, the point of sale for and storage area of tho firearms. The video recordings shall be R maintained for a 30-day period and shall be produced to the Eagan police department I mmediately upon demand, L. All firearms and ammunition shall be stored in a secured locked enclosure or room during nonwbusiness hours. Ammunition may remain stored in a sale display cabinet during nonwbusiness hours, provided the display cabinet is fully enclosed and is locked. M. The licensee shall immediately report to the police department any gunshot wound inflicted upon any person while on the licensed premises, N, No firearms, ammunition or firearm accessories shall be purchased, sold or traded on the licensed premises unless the licensee holds a valid federal firearms license or permit pursuant to 18 U.S.C. § §922.931 (2014 and as amended hereafter), 0. If the licensee buys, sells or trades firearms under a valid federal firearms it pursuant to 18 U.S.C. § §922.931 (2014 and as amended hereafter) on the licensed premises, then the licensee shall comply with all federal laws and regulations under its federal firearms license, P. If the licensee buys, sells or trades firearms under a valid federal firearms IV cense pursuant to 18 U.S.C, § §922x931 (2014 and as amended) on the licensed premises, then the licensed premises shall be subject to the zoning regulations in this Code for retail sales in I -1 districts, Q. If the licensee buys or otherwise acquires a used firearm under a valid federal firearms license pursuant to 18 U.S.C. § §922 -931 (2014 and as amended) on the licensed premises, then the licensee shall comply with the following, 1, The licensee, at the time of purchasing or otherwise receiving a used firearm, shall immediately record the following information: a. An accurate description of the article, in English, and any numbers written, stamped, impressed or engraved thereon, together with the name of the manufacturer, model, and serial number of the firearm; b, The date, time and place of receipt of the firearm; c. The full name, residence address, date of birth and reasonably accurate description of the person, Including approximate height, sex and race from whom the firearm was received; d, The identification number and state of issue from one of the following forms of identification of the person from whom the item was received, including a photocopy thereof; (1) A valid Minnesota driver's license; L (2) A valid Minnesota identification card; or (3) A valid photo identification issued by another state or a province of Canada and one other form of identification, 2. The records shall be open to inspection by Eagan city police officers at all reasonable times, 3. The records shall be retained by the licensee for so long as the licensee is operating the indoor firearm shooting range under this Section, R. All premises licensed under this section shall, during all operating hours, be open to inspection by any Eagan police officer or Eagan code enforcement technician to determine whether or not this section and all other laws are being observed. All persons, as a condition to being issued such license, consent to such inspections by such officers and without a warrant for searches and seizures, S. If during the license period the licensee or designated operation manager becomes ineligible to have or disqualified for a license under this Section, then the licensee shall notify the city cleric within 5 business days of the ineligibility or disqualification, Subd. 7. Financial responsibility of licensee. A, No license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility, by filing with the city a certificate of insurance, that there is in effect an insurance policy or pool providing minimum coverage's of (1) $50,000,00 because of bodily injury to any one person In any one occurrence and, subject to the limit for one person, in the amount of $100,000,00 because of bodily injury to two or more persons in any one occurrence and in the amount of $10,000.00 because of injury to or destruction of property of others In any one occurrence; and (2) $50,000,00 for loss of means of support of any one person In any one occurrence, and, subject to the limit for one person, $100,000,00 for loss of means of support of two or more persons In any one occurrence; and $50,000,00 for other pecuniary loss of any one person in any one occurrence, and $100,000100 for other pecuniary loss of two or more persons in any one occurrence, B. The applicant shall file with the city cleric a certificate of insurance showing (1) that the limits are at least as high as required in this Section; (2) that coverage is effective for at least the license term approved; and. (3) that the insurer shall provide 60 days' written notice of policy cancellation to the city, unless policy cancellation is for nonpayment of premium in which case the insurer shall provide ten days' written notice of policy cancellation to the city. Cancellation or termination of such coverage shall be grounds for immediate suspension and revocation of the license, 7 PLANNING REPORT CITY OF EAGAN REPORT DATE: February 13, 2015 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01- OR- 01 -01 -15 HEARING DATE: February 23, 2015 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to the City Code, relative to indoor firearms shooting ranges. BACKGROUND /HISTORY City staff had been approached by an individual interested in locating an indoor gun range in an Industrial District within the City of Eagan. At a City Council Listening Session in early 2014, the City Council provided direction for staff to prepare background information for further discussion at a future Council workshop. That information was provided for discussion at a Council Work Session on August 11, 2014 where direction was given to have the City Attorney prepare ordinance language for a draft amendment to be brought back to the Council at a Work Session. At their January 13, 2015, Work Session, the Council reviewed the ordinance language and background information and directed staff to proceed with the necessary amendments to the affected City Code chapters. EXISTING CONDITIONS An indoor gun range would be considered "recreation, indoor" which is a permitted use on property zoned Limited Industrial (I -1); however, the activity itself is barred by City Code Section 10.10, which prohibits the discharge of firearms within the City. Planning Report — Ordinance Amendment February 23, 2015 Page 2 The existing West End Fishing and Hunting Club in southeast Eagan is a protected use by State Statute and the outdoor Police firing range in western Eagan is exempted from this regulation. EVALUATION OF REQUEST The City Attorney worked with various members of City staff representing Administration, Community Development and Police. Ultimately, the goal and outcome was to provide the Chief of Police a comfort level that the proposed ordinance language would provide the best means of defining and implementing ordinance sections pertaining to: limiting use of the range to people who are legally entitled to do so, objective standards to define a reliable, quality video and security system, standards for securing firearms and ammunition and means of maintaining records of fire arms purchases and malting them available to local law enforcement. SUMMARY /CONCLUSION Indoor recreation uses are permitted in the Limited Industrial (I -1) Zoning District; however, the City Code presently prohibits the discharge of firearms within the City. The proposed amendment to Chapter 11 (and Chapters 6 and 10) will allow for indoor firearms shooting ranges provided certain standards can be met. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Section 11 .60, Subd. 14, relative to indoor firearms shooting ranges. RESOLUTION NO, APPROVING AMENDMENT TO THE 2015 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees listed below shall be effective immediately: • Indoor Firearms Shooting Range License • Indoor Firearms Shooting Range: Application /Investigation • Indoor Firearms Shooting Range Out -Of -State Application Escrow: • Indoor Firearms Shooting Range Change of Manager: Motion by: Seconded by: Those in favor: Those against: Date: March 17, 2015 $500.00 $500.00, plus $200 for each person over five who has an interest in the business $1,000.00 $300.00 Certification CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, City 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 17th day of March, 2015. Christina M. Scipioni, City Clerk 1 March 17, 2015 RE: Ordinance Amendment – Indoor Firearms Shooting Range Good afternoon Mr. Ridley, Thank you for taking the time to listen to my concerns regarding the potential for approvals for an indoor firearms shooting range situated in Eagan. I am unsure if I can attend the city council meeting this evening but would appreciate it if you could present my questions/concerns to the council for consideration. Since I have already verbalized my concerns to you I believe it reasonable to provide a bulleted list for discussion. I am hopeful that other residents who are also against revising city policy (or at least those who have made the effort to express their concerns) to allow for another firing range will step forward at the meeting this evening. Dan Piper with the planning commission verbalized exactly my thoughts regarding the range during last month’s commission meeting. I will simply add and expand on his comments here but essentially ‘ditto’ to what Mr. Piper stated. There simply is no logical reason for Eagan to allow the opening of another firing range or changing current firearms law– • Allowing a business to open where its intended purpose is to allow people to fire weapons and purchase them on site increases the risk of crime being drawn to the City of Eagan. • While living in the Eagan community is not a requirement to be a Eagan business owner I question why the council feels it’s ok for someone who has no connection to our community to bring this type of business here? Why Eagan? • Surveillance video, bells, whistles etc. do nothing to stop a thief from breaking in and stealing firearms. It may help identify them after the fact which means criminals now armed are in our community or worse yet, selling guns in or around our community. After the fact security is useless. • The presence of ‘professionals’ or ‘experts’ in firearms during business hours does not stop people from doing stupid things. (see articles below) • Alarm systems are meant to bring the police to businesses to stop a crime in the process. That means criminals who are in the building or nearby are now armed and most likely willing to fire at police officers or civilians in the area. Why would you want to increase the risk of something like this happening by altering reasonable laws already on the books? • I assume those using the facility would store guns/rifles on site and or in the trunks of their cars? I believe many gun owners have more than one firearm and many store them in their trunks? Common sense tells us that criminals looking for guns know this as well and would have no trouble breaking into a trunk helping themselves to firearms stored in the trunk. No building is 100% secure and by storing firearms on sight you are baiting criminals to ‘come and get it’. • Users will not be just Eagan residents. Why would we want to invite the use and purchasing of more guns in our community? (And no, safety is not a valid reason – that is why we have such an excellent police force). 2 • We have 2 firing ranges already – how many ranges does one community need and who determines that? What happens if 2,3,4 other gun shop owners decides they want to open up in Eagan? How are you going to say no when you’ve eliminated policies against this type of activity in city limits? (Answer – you can’t. Not without a legal battle because you’ve opened the door already) • Is this really the community face the city Eagan wants to put forward? (As a 28 year resident – I’d say no). • No cost benefit analysis was done to determine if this would be a negative or positive influence on business growth. How does the presence of multiple gun ranges affect the overall population of our city? I had asked this question at the council meeting last month but was told they don’t perform cost analysis on business openings. I can understand that if this was another Dairy Queen or some other rather benign business but a firing range and sales center for firearms in no way compares to other businesses. • How many firing ranges do other suburban communities equal to Eagan’s size have? What are their regulations for use? Have they had any issues? Thefts? Deaths? Injuries? Have the crime rates risen/fallen for that suburb? Was there any research done on this before moving this change to our laws forward? Why not? • What are the costs to the city for police activity related to this? Who pays for personnel time if/when there is a crisis? (Draft amendment costs would not sufficiently cover the costs) • Have you talked with the school district(s) about this? What are their thoughts? This facility would not be that far from schools even if it is in the industrial area. • Education does not always equate to good stewardship. Education doesn’t mean someone has good intentions or that they grasp the importance behind their training or that they will remember anything once they walk out the door. • Education/training does not stop a person who is angry, mentally unhealthy, disgruntled, or just frustrated from turning a weapon on someone else or themselves. (see articles below) I could go on but I believe the issues listed above express my concerns. As a resident of Eagan for over 28 years, I have the right to have my concerns addressed and not waived off as non-issues. These are serious issues that should not be taken lightly. I live here; I’ve raised 3 children here and participated in and invested in our community. I do not own a gun nor have I ever felt the need for one. I live in Eagan because I love our community, I feel safe because we have an excellent police force and our city managers and council have done a good job of making our community attractive to new home owners. I honestly cannot think of one reason to change our laws regarding firearms in Eagan city limits. I would ask that you say no to allowing a new firing range in Eagan. Respectfully, Susan Ross Eagan, MN 3 No criminal charges in fatal gun range shooting by 9-year-old girl WHITE HILLS Ariz. Thu Aug 28, 2014 http://www.reuters.com/article/2014/08/28/us-usa-shooting-arizona-idUSKBN0GS2JK20140828 County law enforcement officials in Arizona said on Thursday no criminal charges are pending after a probe into a gun range incident in which a 9-year-old girl fatally shot her instructor with an Uzi, adding it was "being viewed as an industrial accident." video clip released by the sheriff's office of the moments just before the fatal shooting and circulating on the Internet shows Charles Vacca giving a girl in pink shorts and a braided ponytail hands-on instruction as she aims the Uzi at a black and white target shaped like the silhouette of a man. Vacca is heard encouraging the girl and asking her to squeeze off one shot. Then he tells her, "All right, full auto" and the weapon unleashes multiple rounds as the video cuts off. It was apparently moments later that Vacca was shot in the head when the girl lost control of the submachine gun. Co-owner dead, multiple people injured after attempted robbery at She's A Pistol gun shop Female co-owner released from hospital http://www.kshb.com/news/crime/several-injured-in-shooting-at-gun-range 2:48 PM, Jan 9, 2015 One person has died and four people have been injured after an attempted robbery at a gun shop and range in Shawnee on Friday afternoon. Johnson County officials said four people were shot in an attempted robbery at She's A Pistol in Shawnee, Kan., on Friday. A fifth person was assaulted. Dan Tennis, Major with the Shawnee Police Department, said at 2:10 p.m. there were reports of shots heard at the business. Tennis said four men tried to rob the business. The two owners were at the business at the time. The female owner was punched, and the male owner, Jon Bieker, was shot. He later died from his injuries at the hospital. The female owner was released from the hospital on Saturday. Mom kills son, then self at shooting range http://www.nbcnews.com/id/30109090/ns/us_news-crime_and_courts/t/mom-kills-son-then-self- shooting-range/#.VQhv52PH5lo April 8, 2009 CASSELBERRY, Fla. — A central Florida woman who fatally shot her son then killed herself at a shooting range wrote in suicide notes to her boyfriend that she was trying to save her son. 4 "I'm so sorry," Marie Moore wrote several times. "I had to send my son to heaven and myself to Hell." She signed two of the notes "Failed Queen." Authorities said Wednesday they still had no motive for the murder-suicide that shocked fellow customers and employees at the Shoot Straight range in Casselberry, about 10 miles north of Orlando, on Sunday. "We have no clue. I don't even want to begin to speculate," said Deputy Chief Bill McNeil of the Casselberry Police Department. Son shot in back of head The gun range's security video shows 20-year-old Mitchell Moore taking aim at a target in a booth when his mother, 44, walks up behind him and points a gun at the back of his head. In the next frame, the son is seen falling to the ground and a nearby patron appears to alert others as he points to the unseen carnage. The gun used was rented at the range. According to a police report, earlier footage from the surveillance video shows the mother and son taking turns shooting and talking with other customers in the adjacent lane. "They seem to be getting along fine," one of the responding officers said. The son died at the scene. Marie Moore was still alive when officers arrived at the range but later died at a hospital. Woman reportedly had mental illness Mitchell's father, Charles Moore, told police that Marie Moore had a history of mental illness and had previously attempted suicide and been involuntarily committed to a mental hospital in 2002 under the state's Baker Act. Marie Moore refers to the incident in records she left for police and Shoot Straight, saying she spent a year in and out of a "mental home" but insisted: "I'm not sick." Family members found the audio tapes and three suicide notes late Monday and gave them to police. Crime Scene Reconstruction Expert Testifies in Routh Trial http://www.nbcdfw.com/news/local/Crime-Scene-Reconstruction-Expert-Testifies-in-Routh-Trial- 293894991.html (American Sniper storyline) February 20, 2015 A crime scene expert testified Tuesday as the final state rebuttal witness in the Stephenville murder trial of Eddie Ray Routh, the man accused of fatally shooting former Navy SEAL Chris Kyle and his friend Chad Littlefield in 2013. Chief Warrant Officer Howard Ryan, from the Morris County New Jersey Sheriff’s Department, is a retired New Jersey State Police crime scene expert who specializes in reconstruction. Ryan said he reviewed crime scene evidence and photos and autopsy reports and visited the crime location at the Rough Creek Lodge shooting range near Glen Rose in person. Ryan said the shooting platform where Kyle and Littlefield were killed in February 2013 was a very confined crime scene compared with others he has investigated. “Both of the victims sustained very devastating injuries that would preclude them from moving afterward,” said Ryan. He said blood stain and ballistic evidence showed the victims were taken by surprise and unable to defend themselves, even though both men carried holstered, loaded pistols. Ryan said it was important to recognize the skill set of Kyle, the subject of the movie and book, “American Sniper.” ”If he’s faced with a confrontation, I have to believe he’s 5 going to protect himself and engage,” Ryan said. “He never saw it coming.“ Ryan said Kyle was shot in rapid succession or in short bursts in between shots sustained by Littlefield. Ryan said one Littlefield wound to the head was most likely fired while Littlefield was down on his back. Ryan used drawings and a mannequin to demonstrate his theories of the crime to the jury. The expert said he could not determine which victim was shot first. Earlier in the trial, a defense psychiatrist said Routh told him he shot Littlefield first and then Kyle just as Kyle emptied the gun he was using for target practice at the range. Routh told the psychiatrist he shot Littlefield in the head after the initial shots to stop him from “twitching.” Routh’s defense claims he was insane at the time of the crime and unable to tell right from wrong. Prosecutors claim Routh was impaired by constant drug and alcohol use, but did know right from wrong. Experts testifying for the state said Routh, a former U.S. Marine, did not have post-traumatic stress as he claimed in the past because he never saw combat and did not suffer serious trauma. Agenda Information Memo March 17, 2015, Eagan City Council Meeting NEW BUSINESS A. Rezoning and Preliminary Subdivision (Willow Ridge) — Alliant Engineering Action To Be Considered. To approve (or direct preparation of Findings of Fact for denial) of a Rezoning from A, Agricultural, to R -1 S, Residential Single - Small Lot upon approximately five (5) acres located at 1085 Wescott Road, north of Wescott Road and east of Lexington Avenue. To approve (or direct preparation of Findings of Fact for denial) of a Rezoning from PD, Planned Development, to R -1 S, Residential Single - Small Lot upon approximately five (5) acres located at 1055 Wescott Road, north of Wescott Road and east of Lexington Avenue. To approve (or direct preparation of Findings of Fact for denial) of a Preliminary Subdivision (Willow Ridge) to create 15 lots upon approximately 10 acres located at 1055 and 1085 Wescott Road, north of Wescott Road and east of Lexington Avenue, subject to the conditions listed in the APC minutes. Required Vote For Approval. ➢ Rezoning —At least three votes ➢ Preliminary Subdivision — Majority of Councilmembers present Facts: ➢ The property consists of two unplatted parcels with areas of wetlands and trees. Both parcels previously contained single family homes. The easterly parcel was previously rezoned to Planned Development, and approved for a residential subdivision that provided for 7 dwelling units, which did not materialize. ➢ The proposed subdivision complies with the proposed R -1S zoning standards and is consistent with the Low Density residential land use designation having a gross density of 1.5 units per acre. ➢ Access to the site is proposed via a new public street intersection with Wescott Road. Sewer and water will also be extended into the site. ➢ A Wetland Delineation will be required prior to final subdivision, and wetland buffers established around the wetlands per City Code. ➢ Tree preservation standards are satisfied through mitigation. ➢ Park dedication is fulfilled through the dedication of public conservation easements over wetland buffer areas. Cash trail dedication will be required for the net increase of 13 lots, payable at the time of final subdivision. ➢ The Advisory Planning Commission held a public hearing on the proposed requests at the February 23, 2015 meeting and recommended approval on a 5 -0 vote for each request. Issues: ➢ A number of neighbors to the north shared concerns relative to setbacks, density, trees /wetlands, wild life and property values. ➢ Following the APC meeting and questions raised by neighbors to the north in regard to impacts to trees on their property, the City Forester reviewed the site and suggests an additional condition be added; Tree protection fencing shall be placed at the Drip Line or perimeter of the Critical Root Zone of all offsite trees. 60 -Day Agency Action Deadline: ➢ March 21, 2015 Attachments: (4) NBA -1 Location Map NBA -2 Draft February 23, 2015 APC Minutes NBA -3 Planning Report NBA -4 Report Exhibits ■® v O Mi r O N r >_ 1 � O .O N N t .E N L r Id. a P 3 N O 08 T7 t0) ON •= N 0 N � E r M on me 0 Z }P O z d � d d M p I A o Q rr •� >> 1= ri 6 U. p a rp N p I A o Q rr •� >> 1= ri 6 A a 't`lp a Gs ,r c 's 2 N C �� O p EE pp U Y CIO o 'C nom. m a U N Y k .i d chi If t x A: a) J I OF up> p I A o Q rr •� >> 1= ri P IMMAMM 71 I= �hl ril L. 0' fE�;lj } ai � t =! I+IIPIIa £Ii�l;�1 �tl lal,l�l�V£9 =II:I� p al Z � -a1 M,•� � t Et •+ 3 « � � P- I l } / R :Pa I r IF 6 a 't`lp ' •, f p Gs ,r 's 2 �� EE pp CIO I Y k .i d chi If A: P IMMAMM 71 I= �hl ril L. 0' fE�;lj } ai � t =! I+IIPIIa £Ii�l;�1 �tl lal,l�l�V£9 =II:I� p al Z � -a1 M,•� � t Et •+ 3 « � � P- I l } / R :Pa I r IF 't`lp ' •, f p Gs 's 2 �� pp CIO Y k .i d chi If A: e { vMAKLUR ;4 [i ry, S Ol P IMMAMM 71 I= �hl ril L. 0' fE�;lj } ai � t =! I+IIPIIa £Ii�l;�1 �tl lal,l�l�V£9 =II:I� p al Z � -a1 M,•� � t Et •+ 3 « � � P- I l } / R :Pa I r IF Advisory Planning Commission February 23, 2015 Page 2 of 14 IV. PUBLIC HEARING New Business A. Willow Ridge Applicant Name: Clark Wicklund, Alliant Engineering Location: 1055 & 1085 Wescott Road Application: Rezoning A Rezoning of approximately 10 acres from A, Agriculture to R -1 S, ,Residential Single Small Lot, File Number: 14- RZ- 09 -12 -14 Application: Preliminary Subdivision A Preliminary Subdivision of approximately 10 acres to cre8te15 single; family lots. File Number: 14- PS- 09 -12 -14 au r,, opined that the: Advisory Planning Commission is not in a position to rty values in their review of the request. City Planner Ridley clarified that the Agriculture zoning is considered a holding -zone in Eagan until ultimate . development occurs. Secretary Piper'. stated ;fie understood the concerns of the neighbors, however, the proposal is consistent with the-Land Use Guide Plan and the zoning standards in place. Member Sagstetter stated his agreement with Piper and added that the wetland preservation and buffers are intended to preserve habitat that will also benefit wildlife. Secretary Piper moved, Member Sagstetter seconded a motion to recommend approval of a Rezoning of approximately five (5) acres from A, Agriculture to R -1 S, Residential Single Small Lot located at 1055 & 1085 Wescott Road. All voted in favor. Motion carried 5 -0. Advisory Planning Commission February 23, 2015 Page 3 of 14 Secretary Piper moved, Member Sagstetter seconded a motion to recommend approval of a Rezoning from PD, Planned Development, to R -1 S, Residential Single - Small Lot upon approximately five (5) acres located at 1055 Wescott Road, north of Wescott Road and east of Lexington Avenue. All voted in favor. Motion carried 5 -0. Secretary Piper moved, Member Sagstetter seconded a motion To recommend approval of a Preliminary Subdivision (Willow Ridge) to create 15 lots upon approximately 10 acres located at 1055 and 1085 Wescott Road, north of Wescott Road and east of Lexington Avenue, subject to the following conditions as amended: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: A1, 61, B21 B31 64; C1, :q2: C3 „C4, E;1 F11 G1, H11 11, L1 2. The property shall be platted. 6... The developer.9hal.l be`responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 7. The striping on Wescott Road shall be modified to provide an eastbound left turn lane in a manner acceptable td-the City Engineer 8. An encroachment agreement shall be provided for all retaining walls located in drainage and utility easements in a form acceptable to the City Attorney. 9. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Advisory Planning Commission February 23, 2015 Page 4 of 14 10. The applicant shall fully meet Minn. Rules Ch. 8420 (Wetland Conservation Act requirements) and City Code §11.67 (Wetlands Protection and Management Regulations). 11. This development shall dedicate drainage & utility easements over the storm water basins to three feet in elevation above the calculated high water level (1 % event) of those storm water facilities, or to two feet in elevation above the calculated high water level (I% event) where emergency overland flow is provided in accordance with City Engineering standards. 12. The applicant shall provide a minimum of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees /branches, large shrubs, I. PoIl. etc.), from street -edge to all stormwater facilities' inlets /outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the storm water facilities. 13. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface.water quality for Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TS;S) Co ifrol :.and V Volume Control on the site's impervious surface area. 14. The applicant shall provide adequately sized pre - treatment (forebays, catch basin 4' sumps, etc.) at, or immediately Upstream of, all stormwater; management facility inlets (pond) to provide for effective-capture and,easily- accessible cleanout of fine -sand sized particles. These details shall be included in applicable plan sheet(s). 15. Before the city issues any Certificate of Occupancy and d %or Stormwater Facility Performance Security release on the development site, the applicant shall provide the City Engineer as built:I ' I I that d;emonstrate`that all constructed stormwater conveyance structures and rranagement.facilities (pond, etc.) conform to design and /or construction plans, as apps, ved by, the City As -built volumes (for detention and retention) shall be provided for the stormwater managemenVacilities (pond). The applicant shall submit to the City Engineer certificatior that the stormwater management facilities have been installed in accord with'the.plans and'specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 16 The developer shall:abandon'all existing well and septic systems within the site in accordance with City and County standards. 17. This development shall provide hydrant spacing and locations in accordance with City Fire Department and; Public Works standards. 18. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood. The applicant shall provide such a plan for review and approval by City staff, for incorporation into the Final Subdivision Agreement. 19. The applicant shall provide a conservation easement, in a form acceptable to the city attorney, over the wetland buffer areas. Advisory Planning Commission February 23, 2015 Page 5 of 14 20. This development shall be subject to cash trail dedication based on the net increase of 13 dwelling units. The dedication for residential development shall be payable prior to release of the final plat for recording at the rates then in effect. 21. The applicant shall provide an encroachment and maintenance agreement for the proposed landscaping within the public right -of -way (cul -de -sac island), in a form acceptable to the city attorney. All voted in favor. Motion carried 5 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 23, 2015 APPLICANT: Alliant Engineering CASE: 14- RZ- 09- 12 -14; 14- PS- 09 -12 -14 HEARING DATE: February 23, 2015 PROPERTY OWNER: Alliant Engineering, Inc.; APPLICATION DATE: Jan. 20, 2015 McDonald Construction, Inc. REQUEST: Rezoning; Preliminary Subdivision LOCATION: 1055 & 1085 Wescott Road PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: A, Agricultural; PD, Planned Development SUMMARY OF REQUEST Alliant Engineering is requesting approval of a Rezoning from A, Agricultural, to R -1 S, Residential Single — Small Lot and a Preliminary Subdivision (Willow Ridge) to create 15 lots upon approximately 10 acres located at 1055 and 1085 Wescott Road, north of Wescott Road and east of Lexington Avenue, AUTHORITY FOR REVIEW 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. Planning Report — Willow Ridge February 24, 2014 Paize 2 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. Be That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. 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 improvement 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 Cleric hereinafter referred to as the "Water Quality Management Plan ". Said document and all of the notations, references and other Planning Report — Willow Ridge February 24, 2014 Page 3 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 Cleric to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND AND EXISTING CONDITIONS The site consists of two unplatted parcels and contains large wooded areas and areas of wetlands. Each of the two existing parcels previously contained a single- family home. Only remnants of those structures remain. Access to both parcels is from Wescott Road, and a driveway remains on the westerly parcel. The easterly parcel was previously approved for a Planned Development consisting of two single - family lots and 5 townhome units. The development did not proceed, and the Preliminary Subdivision subsequently expired. However, the PD zoning remains in place. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed development is for single - family use on lots consistent with the R- IS zoning having a minimum width of 65' and minimum area of 8,000 s.f. The surrounding area is developed primarily with single - family residential uses with both R- 1 and PD zoning. The development to the south across Wescott Road is zoned PD and consists of 75' wide lots, with lot areas in the range of 9,500 — 11,000 s.f. The R -1 lots to the west and north have a minimum width of 85' and minimum area of 12,000 s.f. Airport Noise Considerations — The property is located outside of the Airport Noise Policy Zones. Existing Use zoning Land Use Designation North Single - Family R -1, Single - Family; PD, Planned Development LD, Low Density East Single- Family A, Agricultural LD, Low Density South Single - Family PD, Planned Development LD, Low Density West Single - Family R -1, Single - Family I LD, Low Density EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed development is for single - family use on lots consistent with the R- IS zoning having a minimum width of 65' and minimum area of 8,000 s.f. The surrounding area is developed primarily with single - family residential uses with both R- 1 and PD zoning. The development to the south across Wescott Road is zoned PD and consists of 75' wide lots, with lot areas in the range of 9,500 — 11,000 s.f. The R -1 lots to the west and north have a minimum width of 85' and minimum area of 12,000 s.f. Airport Noise Considerations — The property is located outside of the Airport Noise Policy Zones. Planning Report. — Willow Ridge February 24, 204 Page 4 Density ./Lots — The proposed 15 units on 10 acres result in a gross density of 1.5 units per acre, which is consistent with the LD, Low Density land use designation. The subdivision proposes 15 single - family lots. Minimum lot standards in R- IS zoning are 65' width and 8,000 s.f. area. The lot widths range from 72' to more than 100'. Gross lot areas range from 11,032 s.f. to 71,675 s.f.; lot areas net of wetlands are 11,032 to 37,739 s.f. Because of the wetlands on the property, and associated wetland buffers and setbacks, the depth of some lots is constrained. The Site Plan shows both a "graded building pad" and a "sample footprint." On some lots, the sample footprint is right up to the setback line, leaving little room for future expansion or improvements. Setbacks and Bulls Standards— The R -1S zoning district establishes bulls standards as follows: Minimum Lot Width 65' Minimum Lot Area 8,000 s.f. Front setback 30' Setback Wescott Rd.) 50' Side Setback (principal structure) 6' Side Setback (garage /accessory structure ) 5' Rear Yard Setback (principal structure ) 15' Rear Yard Setback (accessory structure) 5' Building Height Maximum 35' Building Coverage Maximum 25% Minimum Lot Area - City Code provides no more than 10% of ponding areas shall be used for calculating maximum allowable density. As such, each lot must meet the minimum lot area of 8,000 s.f. with not more than 10% ponding included to achieve that number. The net lot areas are identified on the Site Plan and show that all lots exceed 11,000 s.f. The allowable building coverage ratios are based on this net lot area figure. Wetland Buffer Setbacks - Additional setbacks from the wetland buffers apply. These are identified on the Site Plan. The purpose of the setback from the buffer is to provide a minimum useable yard area outside of the buffer, to prevent disturbance and encroachments into the wetland buffer areas. Section 11.67, Subd. 10, Wetland Setbacks, states "All structures must be set back at least 25 feet from the outer wetland buffer line. Exceptions to the 25' setbacks include: play structures, uncovered porches, decks, patio slabs, open terraces, stairways, walkway areas may extend up to ten feet into the required wetland buffer line setbacks." Also, "Parking or driveway areas must be setback at least ten feet from the outer wetland buffer line." Fences are retaining walls are not subject to these additional setbacks, but may not be located within the wetland buffer itself. Planning Report — Willow Ridge February 24, 2014 Page 5 Tree Preservation — This development's tree preservation will be considered on a multiple -lot, single - phase, single -unit residential type of application. Per the City of Eagan Tree Preservation Ordinance, allowable tree removal for this type of development proposal is set at 40 %. A tree inventory has been submitted with this application, and then field verified by city staff. The tree inventory indicates that there are three - hundred seventeen (317) significant trees currently existing on site. According to plan submittal, significant tree impacts will result in the removal of one - hundred fifty -seven (157) significant trees (49.5% of the total). Because the proposed removal of significant trees exceeds 40 %, there is required tree mitigation. Tree mitigation for this application as proposed calculates to sixty -four (64) Category A trees (or an equivalent combination of Category B and /or C trees). The applicant has submitted a Tree Mitigation Plan that proposes 63 Category A trees to be installed. The Final Tree Mitigation Plan should be revised to provide for full mitigation of 64 Category A trees. Landscaping — The Zoning ordinance does not require a Landscape Plan for single - family development. In addition to the proposed tree mitigation plantings throughout the site, the applicant is proposing to landscape the northerly cul -de -sac island. The plantings are proposed for aesthetic purposes and as a buffer for the homes around the cul -de -sac. Maintenance of the landscaping should be the responsibility of the residents. For this reason, and because the landscaping is proposed in a public right -of -way, the developer should provide an encroachment and maintenance agreement, in a form acceptable to the city attorney. Grading /Topography — The preliminary grading plan is acceptable, with modification. The site is heavily wooded with relatively flat topography, with elevations ranging from 893 to 912 over the 10 acre property. At least 3 separate wetlands are located on this site. A detailed grading, drainage, erosion, and sediment control plan should be prepared in accordance with current City standards and codes prior to final subdivision approval. All erosion /sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion /Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Erosion control measures should be installed and maintained in accordance with City code and engineering standards. Planning Report— Willow Ridge February 24, 2014 Pate 6 The applicant should provide a minimum of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees, large shrubs, etc.), from street -edge to all stormwater facilities' inlets /outlets. The unobstructed equipment access path should be capable of supporting typical maintenance /excavation equipment, for periodic maintenance access to the storm water facilities. The developer should be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. The development is subject to the City's codified land disturbance and erosion control regulations. Storm Drainage — The preliminary storm drainage plan is acceptable. The entire site lies within Drainage District J (as designated in the City Storm Water Management Plan — 2007). Most of the development's storm water runoff will drain via public storm sewer to a proposed storm water basin before discharging into the existing wetland (Pond JP -43 as designated in the City Storm Water Management Plan) in the center of the site. Pond JP -43 will then discharge to existing storm sewer within Wescott Road. The storm water basin will meet all requirements set forth in the Water Quality/ Wetlands portion of this report. This development should dedicate drainage & utility easements over the storm water basins to three feet in elevation above the calculated high water level (1% event) of those storm water facilities, or to two feet in elevation above the calculated high water level (1% event) where emergency overland flow is provided in accordance with City Engineering standards. Wetlands — Because there are at least three wetlands on site, Minnesota Wetland Conservation Act Rules (Minn. Rules Ch. 8420) and Eagan's wetland protection and management regulations (City Code §11.67) apply to this development proposal. Accordingly, a Certified Wetland Delineator must delineate the wetlands boundaries on the property, and the delineation report must include data from a Minnesota Routine Assessment Method in order for the City to classify the wetland for appropriate management purposes. The current proposal does not yet meet Minn. Rules Ch. 8420 or City Code § 11.67 requirements. Stormwater Management/ Water Quality — The development proposal results in the creation of 2.28 acres of new impervious surface on the site. The majority of the stormwater runoff from the site's proposed impervious area would flow to a proposed on -site constructed stormwater wet basin. Overflow from the constructed pond would flow through the public stormwater system, off -site, to JP -11.1 within the Fish Lake watershed. On -site stormwater pre- treatment would be provided with a 4' sump along the street prior to stormwater discharge into the constructed pond. Some of the indirectly connected impervious (backyard rooftops) would sheetflow towards shallow depressional areas and wetland buffers. Shallow groundwater precludes the site from incorporating infiltration practices on the site. To mitigate for volume control needed, the applicant provided volume control quantification of tree canopy interception (evapotranspiration) of the preserved existing trees and proposed trees to be planted. Additional volume control Planning Report — Willow Ridge February 24, 2014 Page 7 calculations were provided for evaporation from the on -site constructed pond and natural wetlands to attempt to satisfy the stormwater volume control (1/2" retention) requirement. Utilities — The preliminary utility plan is acceptable, with modification. A sanitary sewer pipe of sufficient size, depth and capacity is available along the middle of the site within public easement. Sanitary sewer District C (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. The development will extend lateral sewer lines from this sewer in two locations, and provide three direct sewer service connections. Existing water main of sufficient size and capacity within Wescott Road right -of- -way is available for connection and extension through the development. The developer should abandon all existing well and septic systems within the site in accordance with City and County standards. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. The applicant should consider submitting a proposal infrastructure plan to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood. The applicant should provide such a plan for review and approval by City staff, for incorporation into the Final Subdivision Agreement. Streets /Access /Circulation — The developer is proposing to provide street access to the development via two public cul -de -sacs with one direct connection to Wescott Road. Wescott Road is classified as an arterial roadway in the City's Comprehensive Plan and carries about 10,000 vehicles per day. Although access management is critical along Wescott Road to preserve its intended purpose of vehicle mobility while maintaining its safety, a frontage road is not proposed to be extended to the 5 acre parcel to the east to avoid wetland and tree impacts. The public streets will be a minimum of 28 -foot in width (face -to -face of curb), with a minimum of 50 -foot right -of -way width. The striping on Wescott Road should be modified to provide an eastbound left turn lane in a manner acceptable to the City Engineer. No pedestrian facilities are proposed as part of this development. An existing bituminous trail is available along the north boulevard of Wescott Road, Easements /Permits /Right -of -Way— 100' of right of way is needed for Wescott Road. There is currently 83' of right -of -way adjacent to the western parcel, and 100' adjacent to the eastern parcel. The developer proposes to dedicate the remaining 17' of additional needed right -of -way. Planning Report — Willow Ridge February 24, 2014 Page 8 Retaining walls are proposed in drainage and utility easements in four locations to preserve specimen trees. An encroachment agreement should be provided for all retaining walls located in drainage and utility easements in a form acceptable to the City Attorney. The developer should be responsible for acquiring all outside agency permits and approvals. Financial Obligation - At this time, there are no pending assessments on the parcels included with this development. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, the following estimated charges will be collected at time of final plat or connection to the City's utility system. The final charges will be computed using the rates in effect at time of connection or platting. The estimated financial obligation is subject to change based upon the areas, dimensions and land uses contained in the final subdivision or plat, with due allowances for easements and right -of -way required with the plat: Improvement Use Rate Quantity Amount Water Trunk R -1 $1,526/ lot 15 lots — 2 lots (prev. pd) $195838 Water Lateral R -1 $36.30/ ff 660 ff— 200 ff rev. d $1608 Storm Sewer Trunk R -1 $0.10/ sf 273,949 sf— 165,000 sf (prev, pd) $10,895 Storm Sewer Lateral R -1 $40.85/ ff 660 ff — 200 ff (prev. pd) $18,791 Total $66,222 Park and Trail Dedications — This development is subject to park and trail dedications. Park dedication may be provided through land or cash dedication. In this case, the development is dedicating land in public conservation easements over wetland buffers. The amount of land in conservation easement is 1.095 acres, which exceeds the park land dedication rate of 10% of the site area. As such, the conservation easement area satisfies the park dedication requirements for this development. Cash trail dedication applies to the development, and is based on the net increase of 13 lots /dwelling units. The 2015 rate for residential for trail dedication is $250 /unit. The dedication for residential development is payable prior to release of the final plat for recording at the rates then in effect. SUMMARY /CONCLUSION The applicant is requesting approval of a Rezoning and Preliminary Subdivision (Willow Ridge) to create 15 single family lots upon 10 acres located at 4865 Pilot Knob Road. As proposed, the lots will comply with R- IS standards and is consistent with the Low Density residential land use designation. Access to the site is proposed via a new public street intersection with Wescott Road. Sewer and water will also be extended into the site. Any existing well and septic on the property will need to be properly abandoned. Planning Report — Willow Ridge February 24, 2014 Page 9 A Wetland Delineation will be required prior to final subdivision, and wetland buffers established around the wetlands per City Code. The preliminary development plans do not yet satisfy storm water management standards. Tree preservation standards are satisfied through mitigation. Park dedication is fulfilled through the dedication of public conservation easements over wetland buffer areas. Cash trail dedication will be required for the net increase of 13 lots, payable at the time of final subdivision. ACTION TO BE CONSIDERED To recommend approval of a Rezoning from A, Agricultural, to R- IS, Residential Single - Small Lot upon approximately five (5) acres located at 1085 Wescott Road, north of Wescott Road and east of Lexington Avenue. To recommend approval of a Rezoning from PD, Planned Development, to R- IS, Residential Single - Small Lot upon approximately five (5) acres located at 1055 Wescott Road, north of Wescott Road and east of Lexington Avenue. To recommend approval of a Preliminary Subdivision (Willow Ridge) to create 15 lots upon approximately 10 acres located at 1055 and 1085 Wescott Road, north of Wescott Road and east of Lexington Avenue. If approved, the following conditions should apply. 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2,1993: Al, B1, B2, B3, B4, Cl, C2, C4, El, Fl, G1, H1, I1, L1 2. The property shall be platted. 3. The applicant shall fulfill tree mitigation requirements through the installation of sixty -four (64) Category A trees. 4. The applicant shall ensure the survival of preserved trees via protection of the tree's critical root zones through the placement of required Tree Protective measures (i.e, orange colored silt fence or 4 foot polyethylene laminate safety netting), to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater. Also, a Tree Health Management Plan shall be provided by the applicant for situations where grade limits encroach into critical root zones of preserved trees. This plan shall be provided to the City for review and approval prior to any onsite work. 5. The applicant shall contact the City Forestry Division and set up a pre- construction site inspection at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan and placement of the Tree Protection Fencing. Planning Report — Willow Ridge February 24, 2014 Paee 10 6. The developer shall be responsible for installing and maintaining erosion control measures in accordance with City engineering standards. 7. The striping on Wescott Road shall be modified to provide an eastbound left turn lane in an manner acceptable to the City Engineer 8. An encroachment agreement shall be provided for all retaining walls located in drainage and utility easements in a form acceptable to the City Attorney, 9. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion /Sediment Control Inspector /Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer, 10. The applicant shall fully meet Minn. Rules Ch. 8420 (Wetland Conservation Act requirements) and City Code § 11.67 (Wetlands Protection and Management Regulations), 11. This development shall dedicate drainage & utility easements over the storm water basins to three feet in elevation above the calculated high water level (1% event) of those storm water facilities, or to two feet in elevation above the calculated high water level (1% event) where emergency overland flow is provided in accordance with City Engineering standards. 12. The applicant shall provide a minimum of 15- foot -wide unobstructed equipment access path (without obstructions from grading, private utilities, trees /branches, large shrubs, etc.), from street -edge to all stormwater facilities' inlets /outlets. The unobstructed equipment access path shall be capable of supporting typical maintenance / excavation equipment, for periodic maintenance access to the storm water facilities. 13. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality for Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and %2" Volume Control on the site's impervious surface area. 14. The applicant shall provide adequately sized pre - treatment (forebays, catch basin 4' sumps, etc.) at, or immediately upstream of, all stormwater management facility inlets (pond) to provide for effective capture and easily- accessible cleanout of fine -sand sized particles. These details shall be included in applicable plan sheet(s). Planning Report — Willow Ridge February 24, 2014 Paize 11 15. Before the city issues any Certificate of Occupancy and /or Stormwater Facility Performance Security release on the development site, the applicant shall provide the City Engineer as" built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (pond, etc.) conform to design and /or construction plans, as approved by the City. As -built volumes (for detention and retention) shall be provided for the stormwater management facilities (pond). The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 16. The developer shall abandon all existing well and septic systems within the site in accordance with City and County standards. 17. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 18. The applicant shall submit a proposal /infrastructure plan to be approved by staff to provide telecommunications fiber to the home (FTTH) or conduit to all homesites to permit third party providers to install FTTH within the neighborhood. The applicant shall provide such a plan for review and approval by City staff, for incorporation into the Final Subdivision Agreement, 19. The applicant shall provide a conservation easement, in a form acceptable to the city attorney, over the wetland buffer areas. 20. This development shall be subject to cash trail dedication based on the net increase of 13 dwelling units. 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AMU- -'tlM1r,- 'li I / I � � ,I Iowi� 1 I I I F J. `\ - 3 ` j a ¢ h s § r c Y�6 � ^a I UM w '1 I Lm`I s 11 9p@' j lt C ♦ 6p6 1 fl� S: R aPo ri N H � C405 Z-� A '. q 0 I E ok Lf rom 5 Li d N • .. / , .. ...i of w WD99 :9 - SIOZ '40 yaj bmp,puol150041 \9ng w!Ip,d \shays void', :pwou ulmp,0 i r c Y�6 � ^a I UM w '1 I Lm`I s 11 9p@' j lt C ♦ 6p6 1 fl� S: R aPo ri N H � C405 Z-� A '. q 0 I E ok Lf rom 5 Li d N • .. / , .. ...i of w WD99 :9 - SIOZ '40 yaj bmp,puol150041 \9ng w!Ip,d \shays void', :pwou ulmp,0 PRELIMINARY SUBDIVISION & REZONING SUBMITTAL NARRATIVE WILLOW RIDGE EAGAN MINNJESOTA January 20, 2015 Comprehensive Guide Plan designation The property currently has a Comprehensive Plan designations of LD -Low Density which allows for 0 -4 units /acre. The current plan proposes to construct 15 single family homes on approximately 10 acres, which results in a density of 1.5 units /acre. As such, the project complies with the current land use designation. Zoning classification The project area is comprised of two separately owned 5 acre parcels. The west 5 acres is zoned Agricultural (A) and the east 5 acre parcel is currently zoned Planned. Development (PD), The applicant is requesting consideration of rezoning to Small Lot Single Family (R4S) for the entire area which would require rezoning of both parcels. What you avant to do; timing /phasing The applicant currently desires to begin construction in the spring of 2015 pending City Council approval of the Preliminary plat and Development Agreement. Construction of infrastructure is anticipated to be completed by the fall of 2015. Construction and sales of individual homes will be market driven though suspected to take no longer than 18 months, Existing land uses on subject property Each property previously provided for a single family home with well and septic. Driveway access for both parcels is provided at Wescott Road. .A pole barn currently remains on the east parcel and is accessed via a long gravel drive. Both parcels appear primarily undeveloped and wooded with a variety of tree species common to the rea. Three wetland areas totaling 1.85 acres or approximately 18% of the gross acreage are located on or abutting the site. The central wetland area is connected with a network of drainage pipes that ultimately discharges to storm sewer in Wescott Road, An 8 inch diameter sanitary sewer line, manholes and easement coincides with the lot line separating the two parcels and bisects the project area from north to south. 0 V;�Apvy ,.�f��' I; JAN 20�� Preliminary Subdivision & Rezoning Submittal January 20 2015 Willow Ridge — Eagan, MN Page 1 of 5 Proposed Development Plan General Description The current development plan proposes to construct fifteen (15) single family homes, associated internal infrastructure and stormwater management features within a buildable or net acreage area, of approximately 6.3 acres. The plan currently proposes to comply with dimensional lot standards for Small Lot Single Family. Dimensional standards currently proposed relative to the proposed zoning is as follows: Minimum Lot Standards Proposed Dimensions (mininnuns) Lot Area Lot Width Pad Width Lot Depth 8,000 SF 65' 50' 123' Frontage 50' Setbacks Front yard 30' Side yard 5' & 6' Rear yard 15' 10,397 SF (lot 10) 72' (85' average) 65' t297-373' 50' (lots 3-5 & 10 -12) 30' . 5' &6' 35' (lot 5) Lot areas currently proposed will vary from 10,397 to 71,675 square feet, though average approximately 23,800 square feet including the wetland area. Tree Preservation The current plan proposes to preserve a considerable amount of significant tree species near the projects perimeter and internal to the site in areas of higher visibility. It is intended that the existing vegetation be preserved when able and in consideration of developing individual lots, which may preserve additional trees based on home plans, elevations and such. The current plans propose to impact those areas necessary for infrastructure and pad preparation while recognizing the City of Eagan Engineering Design Standards for flood protection, access control and zoning standards. Approximately 49% of the existing vegetation will be impacted which will require on -site mitigation of approximately 59 category A trees. Refer to the Willow Ridge Tree Preservation Plan Summary for additional information. Preliminary Subdivision & Rezoning Submittal January 20 2015 Willow Ridge — Eagan, MN Page 2 of 5 Wetlands The site is currently occupied with three (3) wetland areas labeled Wetland 1, Wetland 2 and Wetland 3. They are located throughout the property and amount to 1.85 acres. Wetland impacts are not currently proposed. As required by the City of Eagan wetland ordinance, all wetland areas are to be provided with proper buffers and. setbacks. It is currently proposed that all wetland areas and buffers be preserved via a conservation easement with monuments located near rear and side yards. All plans and work currently proposed in consideration of the existing wetlands and buffer have been prepared in accordance with the requirements of the City of Eagan and Wetland Conservation Act. Refer to Wetland Delineation Report and wetland buffer data on the site plan. Surrounding land uses and zoning within 660 feet Review of the Comprehensive °Land Use plan indicates that the subject area is surrounded by Low Density (LD) residential on all sides except for approximately 34 acres of Quasi- Public /Institutional (QP) to the southwest located in the southeast quadrant of the intersection of Lexington Avenue and Wescott Road. Review of the Zoning Map indicates a majority of the surrounding properties are zoned as Planned Development. A limited amount of Residential Single Family (R -1) is located to the west and north of the eastern. most 5 acre parcel. An Agricultural (A) zoning designation currently exists for a similar 5 acre parcel to the immediate east but is anticipated to change should the property be developed. What impact does the rezoning have on surrounding property and land uses? Rezoning of the properties will allow for development of the site. Rezoning of the cast parcel from a previously approved PD permitting multi - family homes will eliminate that potential. The proposed zoning of a residential land use is consistent with the surrounding properties. What impact does the rezoning have on the subject property? The project proposes a zoning designation of Small Lot Single Family (Rw1 S). Rezoning of the west parcel from Agricultural will allow for the development of single family homes. Rezoning of the east parcel from a previous PD approving 5 multi-frcunily homes and. two larger single family homes will eliminate that potential. Rezoning of both parcels via a common application will allow for a plan that cooperatively develops both Preliminary Subdivision & Rezoning-Submittal January 20, 2015 Willow Ridge — Eagan, MN Page 3 of 5 properties and limits infrastructure required to serve the project and be maintained in the future. What impact does the rezoning have on City services, such as sewer, water, stormwater run -off and roads? Sanitary Sewer An 8 inch sanitary sewer line extends fiom north to south through the site. It is located within a 30 foot utility easement that is centered on the common lot line separating the two 5 acre parcels. The line extends north from Wescott Road and serves single family homes to the north. The Willow Ridge project proposes to construct a roadway atop the sanitary sewer aligimnent and connect with sewer services for abutting lots. It is not anticipated that the 15 units proposed will exceed the available capacity of the existing system and will be verified with City Staff prior to design of the sewer system. Water A 12 -inch diameter water line currently exists in Wescott Road and provides water service and fire protection for the surrounding properties. It is located near the north half of Wescott Road and available for connection. The Willow Ridge project proposes to connect to the main near the roadway access to Wescott Road and provide an 8 inch lateral parallel to the existing sanitary sewer. It is not anticipated that the 15 units proposed will exceed the available capacity of the existing watermain and will be verified with City Staff prior to design of the northerly lateral extension. Stormwater The Willow Ridge project proposes to construct a central /regional retention pond to provide for the development of both parcels. The plan proposes for the basin to be constructed in an area near the eastern most gravel driveway which is relatively low and absent of significant trees. It should be noted that the basin is proposed to be relocated from the location depicted in the approved PD in order for trees to be preserved. Traffic /Roads The Willow Ridge project proposes to provide a single access to Wescott Road at the location of the existing sanitary sewer easement. Review of the Trip Generation manual indicates that traffic associated with the project should amount to approximately 150 trips per day (75 113/75 out) and approximately 15 trips per PM and AM peals hour. Due to the projects proposed access onto Wescott Road the project should not adversely affect traffic in the area. Preliminary Subdivision & Rezoning Submittal January 20 2015 Willow Midge — Eagan, MN Page 4 of 5 Does the requested land use proposed by the rezoning result in a better use of the land? Explain. Rezoning of the land from PD and Agriculture to Small Lot Single F'andly will permit for the cooperative development of both parcels. If approved, it will allow for the development of 15 single family lots and the removal of existing well and septic systems which will no longer be necessary. The proposed zoning is consistent with the surrounding residential land uses and will eliminate the potential of developing the east parcel as multifamily residential. Preliminary Subdivision. & Rezoning Submittal January 20 2015 Willow Ridge — Eagan, MN Page 5 of 5 Agenda Information Memo March 17, 2015, Eagan City Council Meeting Be Comprehensive Guide Plan Amendment (MN Autism Center) — Ryan Companies US, Inc. Action To Be Considered. To direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from MU (Mixed Use) to QP (Public /Quasi - Public), upon approximately 6.5 acres generally located west of 3800 Tesseract Place. Required Vote For Approval. ➢ A majority of councilmembers present. Facts. ➢ The Applicant is requesting a change in the land use designation from MU (Mixed Use) to QP (Public /Quasi - Public), for approximately 6.5 acres. ➢ The City Council initiated a rezoning of 128 acres of land in 2003 which included the subject property. The property is currently zoned CGD (Cedar Grove District). ➢ The property is part of the Cedar Grove Commons Special Area plan. ➢ The property is platted as an Outlot and is vacant. ➢ The Concept Plan identifies a 50,000 sq. ft. school building as well as an athletic field and parking lot. ➢ The proposed educational use in inconsistent with the Cedar Grove Commons Special Area plan which identifies this area as office /business park. ➢ The proposed use is considered "Provisional" within the Airport Noise Policy Zone 4 one - mile Buffer. ➢ Sanitary sewer and water main are available to serve the property. ➢ Specific plans regarding grading, drainage, tree preservation, site design, building elevations, etc, will be required with a future rezoning request. ➢ The Advisory Planning Commission held a public hearing on February 23, 2015, and did recommend approval. Issues: None 60 -Day Agency Action Deadline: N/A Attachments: (4) NBB -1 Location Map NBB -2 Draft February 23, 2015 APC Minutes NBB -3 Planning Report NBB -4 Exhibits 0 c Islas L a a) 00 E ; Lo N , r +� N r Q N r d a o CD at Q� at i E U T Z as Q O v Z O N !F 63 [% a a IN r r i p* t Lk < k 4 J} a r� r? oyob �a c ( 1 {3 t Ciy\ E 1 n J t \rf 1f i ii n V/ V vi r v 2; ro v N C N C O �o d m a U as t limp N LL O O j� O I (V O 0 O O O LO iii i r0, O a. A T ca rn ...A ,'> �l v Fa� r Fa t r D, �' •x b3 a Cr: ii .� .. e . f p Advisory Planning Commission February 23, 2015 Page 7 of 14 C. Minnesota Autism Center Applicant Name: Dan Muelller, Ryan Companies US, Inc. Location: 3800 Tesseract Place; Outlot A, Tesseract Addition Application: Comprehensive Guide Plan Amendment File Number: 19- CG- 01 -01 -15 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated February 19, 2015. Chair Filipi opened the public hearing. Al Arends, 2133 Silver Bell Road stated his support for the Lauri Solberg, 2141 Silver Bell Road commented on how weil'run the facility is and stated her support for the school. She also commented that the pedestrian connection to the south side of Highway 13 was inadequate. There being no further public comment, Chair F lips closed the.. public hearing and :turned the All voted in favor. Motion carried 5 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 19, 2015 APPLICANT: Ryan Companies US, Inc. PROPERTY OWNER: MN Autism Center REQUEST: Comprehensive Guide Plan Amendment LOCATION: West of 3800 Tesseract Place COMPREHENSIVE PLAN: MU, Mixed Use ZONING: CGD, Cedar Grove District SUMMARY OF REQUEST CASE: 19- CG- 01 -01 -15 HEARING DATE: February 23, 2015 APPLICATION DATE: January 21, 2015 PREPARED BY: Sarah Thomas The applicant is requesting a Comprehensive Guide Plan Amendment to change the land use designation from MU (Mixed Use) to QP (Public /Quasi- Public), upon approximately 6.5 acres located west of 3800 Tesseract Place, AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long -range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. BACKGROUND /HISTORY The subject property is zoned CGD (Cedar Grove District) and is platted as an Outlot. The parcel to the east, currently owned /occupied by the MN Autism Center, was previously zoned I -1, Limited Industrial. The former use, Tesseract School, received approval to rezone the property to Planning Report — MN Autism Center CGA February 23, 2015 Paee 2 PD, Planned Development to allow the construction of the school. A PD Amendment to allow an expansion of the school was approved in 1997. The Tesseract Addition was also platted in 1997. The City Council initiated a rezoning of 128 acres of land in 2003 which included the subject property. The property was rezoned to CGD, Cedar Grove District. A Conditional Use Permit (CUP) was approved in 2011 to allow a school in the CGD zoning district. EXISTING CONDITIONS The vacant site abuts public right -of -way on the north (Silver Bell Road), east (Tesseract Place), west (Nicols Road) and south (Highway 13). The site contains multiple drainage and utility easements located over the northern half of the site. The southern portion of the property, adjacent to Highway 13, has an existing billboard that is accessed from Nicols Road, SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST PROPOSAL The applicant has submitted a conceptual development plan for the site which calls for the construction of a 50,000 square foot school building as well as an athletic field and parking lot. The Concept Plan shows access to the site from Tesseract Place and Nicols Road. The applicant's narrative states "as Minnesota Autism Center (MAC) has grown and flourished, it became apparent that there is a need for post high school assistance and solutions for their students. A central focus of this expansion would be to provide and teach life skills for real world applications beyond high school and the traditional classroom." Existing Use Zoning Land Use Designation North Silver Bell Road, Wuthering Heights neighborhood R -1, Single - family residential LD, Low Density Residential East Mn Autism Center CGD, Cedar Grove District QP, Public /Quasi- Public South Hwy 13 West Goodyear service garage CGD, Cedar Grove District MU, Mixed Use EVALUATION OF REQUEST PROPOSAL The applicant has submitted a conceptual development plan for the site which calls for the construction of a 50,000 square foot school building as well as an athletic field and parking lot. The Concept Plan shows access to the site from Tesseract Place and Nicols Road. The applicant's narrative states "as Minnesota Autism Center (MAC) has grown and flourished, it became apparent that there is a need for post high school assistance and solutions for their students. A central focus of this expansion would be to provide and teach life skills for real world applications beyond high school and the traditional classroom." Planning Report — MN Autism Center CGA February 23, 2015 Page 3 ENVIRONMENTAL IMPACTS Topography /Grading — The 6.5 acre undeveloped site is generally open, and the southern half lightly wooded. The majority of the site will be disturbed for construction of the building, parking lot, and athletic field. The property generally slopes down toward the northwest corner of the property. Elevations range from approximately 800 to 776. Storm Drainage — The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007). The site is generally flat and drains to the northwest. Storm sewer currently runs through the site, and may require relocation depending on the building layout. Storm water enters the existing storm sewer and is routed along Nicols Road to the Minnesota River. The development of this property will be subject to the codified post - construction storm water requirements for storm water volume and pollutant control. Trees /Ve etg ation — The City's Tree Preservation Ordinance sets the allowable removal for this type of development at 30% (single lot, commercial). Based on the concept plan submitted, it appears that the proposed development would result in nearly 100% removal of significant vegetation and mitigation would be required. A detailed tree inventory, Tree Preservation Plan and Tree Mitigation Plan will be required at the time of development. Wetlands — There are no known wetlands on this site. INFRASTRUCTURE IMPACTS Streets /Access /Transportation — The primary access for development of the property is to Tesseract Place, an existing public cul -de -sac that serves the school's property to the east. A secondary access is proposed to Nicols Road. The long term need for Nicols Road south of Silver Bell Road is currently unknown; however, it is possible it may be eliminated. Any secondary access to this site should be to Silver Bell Road instead of Nicols Road There are no existing or proposed pedestrian facilities in the area. Easements /Permits /Right -of -Way — Development of this property will be required to dedicate right -of -way along Nicols Road. The relocation of any existing storm and sanitary sewer will require the dedication of new drainage and utility easements. Noise Abatement — The site is located along a freeway which generates high volumes of noise. City Code requires properties such as these to prepare a plan to provide noise abatement at time of plat. The proposed development will need to address the requirement through building techniques and architectural site design. Airport Noise Compatibility — The City of Eagan considered airport noise as a factor in its Comprehensive Guide Plan and has subsequently adopted an Aircraft Noise Zone Overlay District in the land use regulations of the City Code, in accordance with the Metropolitan Council's 2030 Planning Report — MN Autism Center CGA February 23, 2015 Page 4 Transportation Policy plan, Appendix M (Land Use Compatibility Guidelines for Aircraft Noise), City Code and regional policy provide guidance in evaluating the compatibility of a proposed land use within the Aircraft Noise Zone Overlay District. The subject site is located within Airport Noise Policy one -mile Zone 4 Buffer. Sec. 11.64, Aircraft Noise Zone Overlay District, applies to new construction within this area. Within the Buffer of Zone 4, educational uses are considered Provisional. The "Provisional" rating means a use that is not permitted, unless it meets certain structural performance standards for noise reduction, and satisfies several land use compatibility factors identified in the Metropolitan Council's 2030 Transportation Plan. If allowed, Provisional land uses must meet structure performance standards for interior sound reduction. New construction as defined within these regulations is subject to noise attenuation requirements to limit negative impacts of aircraft noise on residents and inhabitants of structures located within established noise zones. In addition, the City of Eagan has elected to establish a one -mile noise buffer zone as an extension to Zone 4 to provide additional noise protection for sensitive uses. The City's adopted Comprehensive Guide Plan currently designates the subject site as Mixed Use. If the City determines that Public /Quasi- Public uses are appropriate on this site, City Code and regional policy provide guidance in gauging whether such uses can be compatible, provisionally or conditionally acceptable, or inconsistent. Educational uses are considered Provisional Uses within the Zone 4 Buffer and must meet the following land use review factors identified in the Metropolitan Council 2030 Transportation Plan - Appendix M: 1. Proposed construction design will provide outdoor to indoor attenuation required by structure performance standards in Table M -3. The table indicates the interior sound level standard for educational uses is 45 dBa. New educational construction as proposed will require a minimum 19 dBa noise reduction within the Buffer Zone, 2. Is the site located under a major departure flight track used by jets? The site lies approximately 3 miles south of the runways at MSP. Significant fanning of takeoff flights over Eagan reduces direct noise impact under or adjacent to any major departure flight tracks. Therefore the proposed use should be considered compatible with this factor. 3. Is the site located parallel to a primary runway used by jets? The subject site is not located parallel to a primary runway. 4. Is the site located parallel to a runway to be used for unshielded engine run -ups? The subject site is not located parallel to a runway used for unshielded engine run -ups. Planning Report — MN Autism Center CGA February 23, 2015 Page 5 S. Is the proposal consistent with adjacent land use ambient noise; and is it consistent with the overall comprehensive plan? A comprehensive guide plan amendment is proposed to permit educational uses on the site. 6. Has the local government adopted an effective method to inform future occupants of aircraft noise exposure? The noise contours are shown on the City's Zoning Map and on the Land Use Map within the City's Comprehensive Guide Plan, Sanitary Sewer — Lateral sanitary sewer of sufficient size, depth, and capacity is available through the middle of the property for connection with development of the property. The sewer may require relocation by the developer depending on the building layout. Sanitary sewer District W (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Water Main /Supply — Trunk and lateral water main of sufficient size and capacity is available along the north and east sides of the site for connection and extension with development of the property. Water Quality — Any development will need to comply with Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality. These regulations include: design standards for volume control and reduction; total phosphorus control; total suspended solids control; oil and grease control; and runoff rate control — performance standards. They also provide for: minimization of impervious surface area and maximization of infiltration and retention; acceptable complementary stormwater treatments; pond requirements; regional ponding; and maintenance of private stormwater facilities. COMPREHENSIVE LAND USE IMPACTS Land Use Designations — QP, Public /Quasi- Public, is a general land use category which provides areas for uses that may be either public or privately owned and operated, but are intended for general public use. Municipal facilities, fire stations, places of worship, schools, museums, cemeteries and utilities are examples of uses allowed in this category. The Comprehensive Guide Plan specifies which zoning districts are considered consistent and compatible with each land use designation; however, the Cedar Grove District is unique and has its own Special Area Plan. Special Area Plan — The Cedar Grove Commons Special Area plan includes 257 acres from Cedar Ave to Silver Bell Road, both north and south of Hwy 13. Its borders are defined by the boundary of the Cedar Grove Redevelopment Tax Increment Financing (TIF) District. The Special Area Plan states, "Land uses associated with the existing developed retail center at Silver Bell Rd and Hwy 13, and the Business Park and Industrial uses on the north side of Hwy 13 will be retained. The one exception is the Wingfoot Tire site, which was proposed to be acquired and assembled with two vacant properties (adjacent to the subject property) within the area to facilitate the development of a Class A office project under a development agreement with United Properties. Market conditions have changed such that United is no longer pursuing this site for development and the City has since terminated its development contract with them. The City would still like to Planning Report — MN Autism Center CGA February 23, 2015 Paae 6 encourage private redevelopment of this site as office or business park development and therefore, is showing a mixed use employment center land use that does not allow residential or primarily industrial or retail uses." The proposed educational use is not consistent with the City's vision for the area; however, the Mn Autism Center has purchased the subject parcel as well as the former Tesseract School and property. Compatibility — As stated above, the proposed use is not compatible with the City's vision for the area; however, in general, QP uses are compatible with most uses throughout the City. Access Needs — Access needs vary with the size of the development. Developments that generate a substantial amount of traffic should be located with easy access to arterial and collector roads. However, some uses (e.g. elementary schools) may be compatible within a low density residential neighborhood and accessed by local roads. Physical Suitability — The Comprehensive Plan states that physical requirements of QP uses varies greatly as some require large buildings and others do not contain a permanent structure at all. Structures related to these uses may have unique designs that can be tailored to the constraints of any given site. Dealing with physical site constraints becomes primarily an issue of development cost rather than feasibility. Land Supply — Overall, 690 acres (3.2 %) in the City have the Quasi - Public /Institutional land use designation, and 233 acres (1.1 %) have the Mixed Use designation. Thus, the Quasi - Public designation would increase availability of land for general public use while reducing the land available for office or business park use as specified in the Special Area Plan, PARKS AND RECREATION SYSTEM The subject parcel is located within Park Service Area 18. Due to the predominance of commercial development in this location and the proximity to the Highway 13 corridor, this portion of the Service Area does not contain a developed park feature; however, the parcel does reside within the service area of two existing neighborhood parks, Woodhaven and Bridgeview Parks. Both are located on the south side of Highway 13. Woodhaven Park is located on Gold Trail approximately 1/2 mile to the southeast and Bridgeview Park is located approximately 3/4 miles to the south on Cedar Grove Parkway. The Minnesota River Valley complex and portions of Fort Snelling State Park are also within close proximity, although the developed portions of each are not immediately accessible from this location. In combination, the City parks contain a wide variety of active and passive park amenities. Both are accessible via connected segments of the City wide trail system. There is a sidewalk immediately adjacent to the subject parcel. The sidewalk connects with the City wide trail system on the east side of Highway 13. A controlled pedestrian crossing at Highway 13 is located approximately 3 blocks to the east of the site. Sections of the Minnesota Planning Report — MN Autism Center CGA February 23, 2015 Page 7 River Valley Trails are located to the northwest and accessible via Nicols Road. Additionally, the Concept Plan calls for the creation of an athletic field on site. SUMMARY OF FINDINGS General Considerations • The applicant is requesting a change in land use designation from MU, (Mixed Use) to QP (Public /Quasi- Public), upon approximately 6.5 acres, for approximately 6.5 acres of property currently zoned Cedar Grove District and located north of Hwy 13 on Tesseract Place. • The property has long been guided for mixed use but remains vacant and platted as an Outlot. • The property is surrounded by a variety of uses including commercial, residential and quasi - public. • Zoning and associated bulk standards will be addressed with a future rezoning application or a Conditional Use Permit to allow the proposed school. Environmental Impacts • There are no wetlands on this property. • Elevations range from approximately 800 to 776 as the property slopes down toward the northwest corner of the property. • Per the concept plan, the majority of the site will be disturbed for construction of the building, parking lot, and athletic field. Development of the site is subject to the City's Tree Preservation Ordinance (Sec. 11.70, Subd. 12.1). Infrastructure Impacts • Street access is available to the site via Tesseract Place which connects to Silver Bell Road. A secondary access is proposed to Nicols Road. Sanitary sewer and water main are available to serve the site. • Development will need to comply with Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality. • The proposal is considered "Provisional" within the Airport Noise Policy Zone 4 one -mile Buffer. Land uses must meet structure performance standards for interior sound reduction. A noise abatement plan will be required with platting of the property. Planning Report — MN Autism Center CGA February 23, 2015 Paee 8 Comprehensive Land Use Impacts • QP, Public /Quasi - Public is a general land use category which provides areas for uses intended for public use whether privately or publicly owned. • The submitted concept plan and narrative propose a school with a parking lot and athletic field. The proposed use would expand the Mn Autism Center facility on the adjacent property to the east. • The proposal appears generally compatible to the surrounding developed properties. • The proposed educational use in inconsistent with the Cedar Grove Commons Special Area plan which identifies this area as office /business park. Parks and Recreation System • Due to the predominance of commercial development in this location a developed park feature is not nearby. • Two developed neighborhood parks, Woodhaven and Bridgeview Park are located within 3/4 of a mile. The Minnesota River Valley complex and portions of Fort Snelling State Park are also within close proximity. • There is a sidewalk immediately north of this parcel which connects to the City wide trail system on the east side of Hwy. 13. • The Concept Plan calls for the creation of an athletic field on site. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from MU (Mixed Use) to QP (Public /Quasi- Public), upon approximately 6.5 acres located west of 3800 Tesseract Place. z a. �1 it Y 4 -`- - / rv� 3 4 0 s � �k { h p E PNN 1 11 g }o Q O wtm Y 6} LL FC C 2 6 5 N `' :t .i L I-L.I 2' ,i �uE±l �. p1 Z - Z I , N - -0.) I I i 1 1 v 0 + let • rL w o� /. I+ I 1 � o I 1 ` ' 8 z gg}} dd 5 s R a€ IWO 663aFF Sa _ c gg z W On z B � Fi a $t6E gg ggg & § 5 8 s i ae R k sts° S S $ S o @ 0f W _g3 s �_g y s ^sy a 3 9 rs e 2 i R Em 6 ]sill 2 4 a 1.s ��$ 0 � b00 0 000 0�0 —ii ' r i 8 8 a ! 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MD-Medlum Density MO-Major = QP- Public /Quasi - Publlc HD -High Density BP- Business Park Private Recreation _ z IND- Limited Industrial N Comprehensive Guide Plan Amendment Feet Minnesota Autism Center 0 500 13000 21000 i % X1W \W.ItYANCOM.PANIUS,C;C:1iv1. . e�bruary 2:, 20'15 M: c laael .l�;i:d l:ey Eagan M:unjer'ptl. Center 38301'Ut.Kaob load Barpn, Mil 551:22 RYAN A+11,1NCe; 5ti .+ta�ilh 1 �nrIsStrcu, :wear 3GU� Minrn.apolra, i \IN 55401..2()12 6'r2- OS1240I10 AV 612.492- 3000fiaz RYAN IaOWDING LAWIHO AUATCON1111 V.S: RECEIVED FEB 0.61 2015 Rlar M1,1111 rsota Arrt sra.7 Center r M C;ompreheraslve (ruide Plan Amendment Rewsed Narrative Dear Mr. Ridley,. Please 61.1.6 the enol.osed Con lrrehensave Guide 1 ?lan.Anlie:ndment 41)pl:icatiolr.ptickertge Cor the proposed .exlaanslora of the Minnesota Autism. C:entev (MAC;') which we discussed feAw weeks 0901 Their proposed site IS io.0,ated at the NI wmmer of the Flwy 77 and 13 irxtersectiar�s,, ire between. Nichols .Road. arid. `I'el sera t 1?hloe. The Site ' curreatt;y owned. by MAC, who i:s planning, to 7 construct a r ew f"aurltty Orr, this shoe in ordor to ".p ,rrd:their services. As MAC has grown and flourig ed, it becaraae apparent that there is friverd for post High school. as tsunce an..d. solutions 1`6r their shidonts..A cOntrgl J`oo. rs oil would be to provide and teach l.t skills for^ rd al world, appli.catio °nrr beyond 11.1011 ohool and the traclitlonal classroom, 'I lie livAy f'acif ity will. serve students 13 to 21 yetrs ��f "a.�e. `t'lre existing, :bl�,ilci'izaf; �r+i:l.l t�c� f �rc�rseCi: o.�a the younger students. '1.1lis expara on \mould rillow :MAC to. corrtinare tr do tlac; r iracredib:l worlk anci haala'aet rarorc students and firm dies. 'l`he new schocil is caonsi.d.ered two schools withixl one building, the first floor being thu fmligh. , School and the seeond :f7:oor being "MAC' College". Anticipated cnrolll:r.rent is 100 atudents with 75 staff' for the h.i.gh:;selaool. and 50 students with 30 staff for the college. Additiorarr:lly, there will be 25 .st:aff.mornbers for suppoln and admInlstration. Amlcilaated hours of operation ara from ;OO aria to 4430 p:na, Monday diroullx Fri day, Students arrive by l atnily Drop Of "lice curl Medical 'Trans Port betw eon 8*00 and 8;;30: Erna, l(:araa.111es acid M.ediaal. `f'rra.lisport pick. students up between 4;00 arad 4,30 pra).. ft :is a year ro.ulad program that oocasionally holds events on rai.gfrts and we el�er7.ds altlaorrgla tlac; raa jcrrfity of activity is during traditional busi.ra.ess hours. Anticipated cacti. \pities are 1.:ni911 t Pert Nvoc k and 't or 2 woekernds ,per month., An example Nvcyul.d lie'Ta:rera:ts Nigla.t. C�rrt" yv1101.0 :ties drop. of f tla.e: kids for the averting arid the parents; call spond tlraae tc>.gethor oil a. basketball ]:(;ague w:laicla: happens. ora. Saturdays during various tUne;s o..l'the year, C)utcl.00r• a.eti.vitles are on a daily . basis varying :f'roni, or gani ed spouts to playground games. All outdoor alleas are secured by 61 . fence and olos ly monitored, by staff. The proposed ,project is a slaee;ldby school building eon.slstmi g, of appfoxinvtoly 50,000 square feet.witla: associated harking and a mviltimuso athletie field. the'4aildira.g would start: ira late sunimer of 2.01.5 with a. planriv.d co l.mptetio.a cute In bite summer of 2016, The site .(`ter this applicatioia 1x ckage is made up of two vaozant pavoeb totaling roughly 66 acres. The existing zoning is Cedar Grovet District (C .D), whla would remain the samoofor the new MAC ;facility, The (Xiairl,g Comprehensive Gulde Plan dei:igoati:on is Mixed 40se (MU), whlclh. we would propose to am.urhd. to (QP) wlt.ieh is the Sane as their first briild rxg oil the a jacezht ;sit,. 'rho.. surrounding zoning is CGD to the 'west and east, R st.dentral x�ingle r1a:mity (it.4) to tho north, mid ',Planned Devolopme.nt (RD) to the south ac ross Highwq 13, The proposal building worxl:d be is great fit within the surroundlag nei.oka.borhnod its i:t.woul:d conipler;norht and enlhan.ce M'AC's. e. is:ting canapes,. ira prove an. already prominent gateway corridor in the city as. eve l as serve as a transitiorhal use to the roside.nces to the north and the . 'colrrnhorcial use along l igh:way 13, l�urther, we beRevc this i:s an uattractive project ftom the city'spea'spectivc dm-to the additional jobs created iaa: order to staff the new fiwi,lity,. 1:116u.ded are the R)Vtowing: o Application form $5,000 Check Applimtion fee. of $500 + Escrow dep.oslt fee of $ ,S00 +� Developinent lascrow :Deposit Agreement rht • Le al descripti�an and survey C;ertitied. m.f it ng .list o Conoeptual /Sketch Plana Please'revi'M the cnctosed. paekage and lotus know 11 you have any comments, Ryan has urhjoyed t1w working relationship we have Wilt with the city of Eagan over the :East twelve nor the during uonstruetlon of the new outiet Mall, We are .QxOted to wont togetlaD-t oil another project with the City of Dag�n and ltcirtomd to work with suol . a spomal organization in MAC. 'We're happy to address any questions or conecrns that: may comic up and. look, forward to working together orh another successful devclopmon:t. Sineorely, .. Oe" Dan'Mue.tler, Director of Development CC: Casey Hank:lusc:>aa ....Ryma. Atat:hony .Adamq - Ryan Btima Koaazlarink —Ryan Jared; Olson, Director of 1"srhginsor .r:ag Agenda Information Memo March 3, 2015, Eagan City Council Meeting NEW BUSINESS C. Planned Development Amendment — Eagan Outlet Partners, LLC Action To Be Considered: To approve a Planned Development Amendment for modification to the screen wall grillwork for property located at 3965 Eagan Outlets Parkway, legally described as Lot 1, Block 1, Paragon Addition, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ At least three votes Facts. ➢ The proposed PD Amendment requests approval of revised screen wall details for the Paragon development at 3965 Eagan Outlets Parkway, Twin Cities Premium Outlets. ➢ The Final PD Agreement includes exhibits showing the approved design of the screen walls which consist of masonry construction and a decorative grillwork with pergola on the upper portion of the screen wall /grillwork. ➢ The grillwork and pergolas were determined to be unworkable by the applicant during construction. As a result the simplified grillwork installed omitted the decorative element and the pergola feature. ➢ The applicant is proposing to install fabric on the grillwork to mimic the decorative emblem and provide greater opacity to screen the service areas. ➢ The PD Amendment proposes to eliminate the pergolas and leave the grill frame plain, with a fabric cover. The staff report suggested alternatives for consideration by City officials. ➢ Following the Planning Commission meeting, the applicant has prepared a modified pergola to be added atop the screen walls in addition to the embossed fabric on the grillwork. The applicant maintains pergolas cannot be added to the walls screening transformers, where safety and access considerations dictate certain clearance be maintained. ➢ The proposed modified pergola would maintain the intent of the original design by providing depth and architectural interest to these walls. ➢ The Advisory Planning Commission held a public hearing on February 23, 2015 and recommended denial on a 5 -0 vote. Issues. ➢ Staff advised the applicant of this nonconformity of the screen walls at the time the project neared completion in August 2014. Since that time, staff has worked with the applicant to resolve the matter, resulting in this request to amend the Planned Development. ➢ The initial PD Amendment proposal of the fabric screens and elimination of the pergolas provided a partial solution, as comments and action by the APC indicate. As a result, the applicant has revised the proposal to include installation of a modified pergola feature on the screen walls that can accommodate it. ➢ This revised proposal appears to address both objectives of the original design — screening visibility of service areas, and adding depth and architectural interest and a human scale to the expanses of building. ➢ The acceptability of the proposed PD Amendment, as revised, is a policy matter for City officials. If approved, the following conditions should apply: 1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of City approval. 2. The decorative fabric shall be installed on the screen wall grills in lieu of decorative grillwork. 3. The modified pergolas shall be installed on 25 screen walls as depicted on the plans submitted March 9, 2015, 4. Both the decorative fabric and pergola installations shall be accomplished by August 1, 2015, 60 -Day Agency Action Deadline: ➢ Extended to June 4, 2015 Attachments: (5) NBC -1 Location Map NBC -2 Draft February 23, 2015 APC Minutes NBC -3 Planning Report NBC -4 Report Exhibits NBC -5 Revised Proposal received March 9, 2015 �o 'ii q Sr b �t 4 AP O .e V N N O 7 O� E .2 E E i Ed �a W) (� r U CD,P H O on N d E a r Z "-' O V Z OL 4) M o.WU +J : ,y r ti'i E t,! t 3 t- 4p 0 �� 4w Yes 1%} i V/ qV W Ali m ,- i Fill ' fa MA tlYi q� 3. S iw' �S 44. d n K rh. t `y CFj �y3. js2 I N A� k yM�Y E} E� a N c O o yr m t limp,1 MAI aa) LL o 0 .0 N SE � 3 7[ } `zE cot �y N CF vi p k;? {'All 0 0 0 O O LO 0 E1 Ir SFi €I�3 'S' `' Ir lk fib,. r 1%} i V/ qV W Ali m ,- i Fill ' fa MA tlYi q� 3. S iw' �S 44. d n K rh. t `y CFj �y3. js2 I N A� k yM�Y E} E� a N c O o yr m t limp,1 MAI aa) LL o 0 .0 N SE � 3 7[ } `zE cot �y N CF vi p k;? {'All 0 0 0 O O LO 0 E1 Ir SFi €I�3 'S' `' Ir lk fib,. Advisory Planning Commission February 23, 2015 Page 11 of 14 F. Twin Cites Premium Outlets Applicant Name: Thomas Burnside, Twin Cites Outlets Eagan, LLC Location: 3695 Eagan Outlets Parkway; Lot 1, Block 1, Paragon Addition Application: Planned Development Amendment File Number: 19- PA- 02 -01 -15 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated February 18, 2015. Chair Filipi opened the public hearing. There being no further public comment, Chair Filipi closed discussion back to the Commission. Paul Reed, representing Paragon Outlets, introdu Architects. Mr. Miller explained the original design of the screen wall reasons why changes were made to the screen Wall grill Member Piper asked for clarification of the; Final PI requirements in regard to the grills Member Piper asked the applicant Agreement could be added_at a sm Mr. Reed respo emblem to grill, screens with so conflicting with was used forth He reiterated tl ssion ng and turned the _and the structural and practical n during the construction phase. =lopment Agreement hepresented in the Final PD metal, Tit poses multiple problems including the number of welds to affix > all the welds, weight the metal, finishing and maintenance of the Ids, ih addition to the pergolas obstructing the service areas and ors:; He further, stated that the proposed fabric material is the same as and theywill need to be replaced periodically as the fabric weathers. III T n feels.the proposal is a good solution to the many problems the ives identified on page 4 of the staff report. Member Sagstetter opined a summary of the issues which he saw as twofold. First, the pergolas were intended to create height and depth, and second, the screen walls were intended to provide a foc °al point to aimit visibility into the service areas. He further indicated the applicant's proposal attempts to address the screening issue, but does not address the architectural issue;' <iHe stated he understands the applicant's practical concerns, yet the applicant's proposal is only a partial solution. He indicated a desire to find a solution that both solves the practical difficulties of the applicant, yet also addresses the screening and architectural issues of the original design. Member Piper stated his concern is the principle of meeting the standards established in the PD Agreement, and the applicant's proposal falls short. He also stated concern for the precedent if the applicant is not held to conditions of the Final PD Agreement, and he would vote against the proposal. Advisory Planning Commission February 23, 2015 Page 12 of 14 Chair Filipi asked what would happen if the Commission did nothing. City Attorney Bauer responded that the Final PD Agreement is a contract, and failure to comply with the agreement would arguably constitute a breach of the contract. Member Dierkes suggested the Commission consider tabling the item to allow the applicant to respond and explore other alternatives to address the concerns. Member Sagstetter moved, Secretary Piper seconded a motion to recommend approval of a Planned Development Amendment to modify to the screen wall grillsfor property located at 3965 Eagan Outlets Parkway, subject to the following conditions 1 2C A Planned Development Amendment Agreement Dakota County Recorder's office within 90 days of Screen wall grillwork and pergolas shall be i shall be accomplished within a period of 5 y, All voted against. Motion failed 0 -5. Member Sagstetter moved, Secretary Planned Development Amendment.,to 3965 Eagan Outlets Parkway. Member Sagstetter summarized the `i elements for the screen walls: 1) the the walls, and 2) a design element wi the service area behind it The applic provides a partial and`` impermanent s All voted in favor. and recorded with the Installation i to recommend denial of a I grills for property located at iat; lie original plan had two light and create a human scale for ce viewers' attention away from satisfy one of the issues, and PLANNING REPORT CITY OF EAGAN REPORT DATE: February 18, 2015 APPLICANT: Twin Cities Outlets Eagan, LLC PROPERTY OWNER: Paragon Outlet Partners, LLC REQUEST: Planned Development Amendment LOCATION: 3965 Eagan Outlets Parkway COMPREHENSIVE PLAN: SA, Mixed Use ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 19 -PA -02 -0145 HEARING DATE: February 23, 2015 APPLICATION DATE: February 5, 2015 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Planned Development Amendment to approve a modification to the screen wall grillwork for property located at 3965 Eagan Outlets Parkway, legally described as Lot 1, Block 1, Paragon Addition, AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 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 boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND/HISTORY A Preliminary Planned Development was approved for the redevelopment of this site to a multiple building retail center in 2012, with Final Planned Development approval in 2013. The construction tools place in 2013 -2014, and the retail center opened in August 2014. Final inspections prior to opening revealed that the screen walls around the perimeter of the development were not installed according to the approved plans; pergolas and decorative Planning Report — Paragon Outlet Partners, LLC February 23, 2015 Paf4e 2 grillwork were not provided. The owner /developer was advised of this discrepancy, and subsequent discussions with City staff led to the submittal of this PD Amendment request. EXISTING CONDITIONS The property is zoned PD, Planned Development. The site is developed with seven buildings containing retail uses. Surface parking lots are located on the east and west ends of the site. Vehicle access to the site is provided from Rahn Road to the east, Eagan Outlets Parkway to the south, and Nicols Road to the west. The site is surrounded on all sides by public streets. This condition was one of the challenges in designing service areas for the development. Truck delivery and trash storage areas are designated at the east and west ends of the site, and along the north side of the buildings, adjacent to Nicols Road, The Final PD Agreement included plans for screen walls at service areas, and also along the south side frontage along Eagan Outlets Parkway. The walls serve both to screen the service areas and trucks from view of the public right -of -way, and also to provide architectural relief along the building facades, especially the longer expanses along both Eagan Outlets Parkway and Nicols Road, SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Proposal — The applicant is proposing to allow the grillwork to remain as installed, without the decorative grillwork or pergola. The applicant is also proposing to attach a screened fabric to the grillwork to create more of a visual screen to the service areas and to mimic the design of the decorative metal emblem that was part of the original approved development plans. Applicant's Narrative — The applicant's narrative states that the original design for the screen grills was discovered to be too heavy and therefore, impractical due to the amount of hand welding needed. "Additionally, due to the significant amount of field welding that would have been required, the screen grills could not be powder coated, increasing the likelihood of rusting Existing s e U Zoning Land Use Designation North Nicols Road /Hwy. 13 Right -of -Way Right -of -Way East Jensen's Restaurant PD, Planned Development SA -MU, Special Area Mixed Use South Public Parking Garage PD, Planned Development SA -MU, Special Area Mixed Use West Nicols Road /Hwy. 77/ MVTA Transit Station Right -of -Way; I PD, Planned Development SA -MU, Special Area Mixed Use EVALUATION OF REQUEST Proposal — The applicant is proposing to allow the grillwork to remain as installed, without the decorative grillwork or pergola. The applicant is also proposing to attach a screened fabric to the grillwork to create more of a visual screen to the service areas and to mimic the design of the decorative metal emblem that was part of the original approved development plans. Applicant's Narrative — The applicant's narrative states that the original design for the screen grills was discovered to be too heavy and therefore, impractical due to the amount of hand welding needed. "Additionally, due to the significant amount of field welding that would have been required, the screen grills could not be powder coated, increasing the likelihood of rusting Planning Report — Paragon Outlet Partners, LLC February 23, 2015 Page 3 welds and maintenance issues." For these reasons, the "screen walls were simplified during construction." Additionally, the pergolas were dropped from the grillwork because they were determined to project into the service areas where they could be "hit by delivery and /or trash trucks, causing damage to both the trucks and the screen walls." Evaluation — The screen walls were approved to consist of masonry construction to match the building materials, and a decorative grillwork with pergola on the upper portion of the wall. The grillwork and pergolas serve to visually extend the height of the screen walls, provide a decorative visual element that is carried throughout the development on other structures such as monument signage and directories, and provide relief, variation and depth to the expanse of building along the north and south sides of the development. The walls on the south side of the project are primarily an architectural feature, although some do screen equipment and service doors as well; however, no truck delivery or trash storage areas are located on the south side. Approved Screen Wall The pergolas would provide additional visual interest with the depth and variation created by shadows cast with different angles of light throughout the day. The elimination of the pergolas results in a less interesting and varied fagade, and more plain visual presentation of the longer expanses of building. The simplification of screen grillwork and elimination of the pergolas results in the loss of the visual relief and architectural benefits described above. Additionally, the changes were made during construction without the benefit of an Amendment to the Planned Development, The conditions of the site being surrounded on all sides by public streets presented a challenge to the site design. Service areas are typically located in the rear of a building, however, this site has no "rear" as the entire perimeter presents to a public street. In addition, the length of the buildings requires that there be visual breaks and interest. The screen walls in part serve that function. Screen Wall As Installed Planning Report — Paragon Outlet Partners, LLC February 23, 2015 Paae 4 Simplification of the grillwork to exclude the decorative feature results in visibility through the screen and into the service areas. Were the original proposal to have represented the simplified design as installed, the staff report would likely have suggested that the solid screen walls be extended in height to fully screen the service areas. The applicant's proposal to install fabric screens onto the grillwork creates greater opacity to screening of the service areas. The decorative emblem on the fabric is similar to what was originally proposed for the grillwork design. This feature will give a visual focal point that draws the eye to the feature on the screen rather than the truck or activity that is behind it. Staff understands the desired effect, but is skeptical about the long -term viability of this proposed solution. Fabric installations such as this will weather and degrade over time and require maintenance and replacement to maintain the original appearance. Alternatives for Consideration — City officials may consider the following alternatives to the proposed PD Amendment: 1) Approve as presented, allowing simplified grillwork to remain with the fabric installation, and eliminating the pergola. If installation of the fabric screen is approved, the fabric should be affixed to the screen in a workmanlike manner, and the fabric maintained in premium condition. 2) Approve a partial PD Amendment, allowing fabric installation in lieu of decorative grillwork, and requiring installation of pergolas. If this alternative is pursued, staff suggests phasing in the pergola improvements over a period of several years would be reasonable, perhaps 3 -5 years or some other period of time as determined by City officials. 3) Deny the PD Amendment and require the grills to be replaced and pergolas installed as originally proposed. If this alternative is pursued. City official may wish to discuss an appropriate timeline for the implementation of the replacements. SUMMARY /CONCLUSION Eagan Outlet Partners, on behalf of Paragon Outlet Partners, is proposing a Planned Development Amendment to modify to the screen wall grillwork for property located at 3965 Eagan Outlets Parkway. The design of the screen grillwork was determined to be unworkable by the applicant during construction. As a result the simplified grillwork omitted the decorative element and the pergola feature. The applicant is proposing to install fabric on the grillwork to mimic the decorative emblem and provide greater opacity to screen the service areas. The PD Amendment proposes to eliminate the pergolas and leave the grill frame plain. Staff has suggested alternatives for consideration by City officials. Planning Report — Paragon Outlet Partners, LLC February 23, 2015 Page 5 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to modify to the screen wall grills for property located at 3965 Eagan Outlets Parkway. If approved the following conditions shall apply: 1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of City approval. 2A. The modification to the screen wall grillwork and treatment shall be approved as proposed. The decorative fabric shall be installed in a workmanlike manner and maintained in premium condition. The installations shall be accomplished by June 1, 2015. 2B. Pergolas shall be added to the screen wall areas consistent with the plans as originally approved. Installation shall be accomplished within a period of 3 years. 2C. Screen wall grillwork and pergolas shall be installed as originally approved. 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It 1 MOO it ttll w I Net I Ile V! k{ l It l 1 11 1 ............ _. .. ................... ... Zi 1< \\ � y 1 NN IN 1 1 �NNI My \ 4 1 NN I III N�Y }yY• 'Ne C 1'11 r {4jI 6 zi IN & j I IN IN IN \ i \ \U NNN N Jry IN 1`j vt lr YIN , �\`/ If ®� ARCHITtCIS & INTEGRA'roAs February 4, 2015 Ms, Pamela Dudxiak, Planner City of Fagan Municipal Center 3830 Pilot Knob Road Fagan, MN 551224810 Re: Narrative Description for Planned Development Amendment 19- PA -02- 0145 The design intent of the original screen wails was to incorporate a light metal grillage, within a metal framework, with a pergola on top of the metal framework, as indicated on sheet A -11 When the screen walls were detailed for construction, they were detailed using a very.heavy grill work, which was not the original design intent for the screen walls, The heavy grill work created an impractical time schedule for construction of over 8 to 10 months, due to the great amount of hand welding, Additionally, due to the significant amount of field wedding that would have been required, the screen grills could not be powder coated, increasing the likelihood of rusting welds and maintenance issues, The screen walls were simplified during construction, incorporating a lighter and smaller grill, than what was detailed for construction, more in line with the original design intent, as shown on sheet Awl. During this design modification, some of the internal metal frarne work was also removed, It was determined during construction that the pergolas, which were indicated in the original design, would have created an operational issue due to them projecting into the service areas, With the pergolas projecting into the service areas by 3' -0 ", they could have been hit by delivery and/or trash trucks, causing damage to both the trucks and the screen walls, The proposed modification to the existing screen walls will incorporate a screened fabric as indicated on sheet A -3, which will solve two issues. First, the screened fabrics will create more of a visual screen to the service areas and second, they will mimic the original internal metal framing that was indicated on the original screen wall design. The timing for the proposed modification to the screen walls to immediately commence upon approval and weather permitting and complete within 30 days, t t AIA Attachments — 20 copies of Presentation Packages loo N, CLINTON ST, I SIIiTC 10€1 1 SYRACUSE= NY 13202 315 422 0201 1 FAX; 315 422 0776 Mr, Jon Hohenstein Director of Community Development, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Jon, In response to the feedback and suggestions received from the Commissioners and Staff at the Eagan Planning Commission meeting, Paragon has developed plans, pricing, and a schedule for the installation of pergola structures to be attached to the top of the screen walls located around the perimeter of the Twin Cities Premium Outlets buildings. While the pergolas are slightly different in dimension from the illustrations shown on the design elevations that were originally approved, the proposed pergolas provide similar architectural interest, depth, and detail to the structures in these locations, Additionally, they can be Installed on the existing wall structures without compromising the access of delivery vehicles and /or trash removal trucks, They are also very similar to the pergola structures that were Installed on the development's monument sign walls, after consultation with City staff. As noted on the attached site plan, pergolas will not be Installed on the smaller electrical transformer screen walls which were added during the construction process (total of seven transformer screens), as we were advised by the utility provider of the need to not have any overhanging structure and /or Impediment that might Inhibit access to those transformer units should service and /or replacement be required in the future. If approved, we have been advised by our Contractor that these structures could be fabricated and installed within eight weeks of the Council's action. It is possible that the powder coated brackets, which are the long lead time item, may be able to be produced quicker once the order is placed, thus reducing the installation time frame. We will be happy to respond to any questions you may have regarding this revised submittal. Sincerely, W. Paul Reed Construction Partner= Paragon Outlet Partners, LLC attachments 217 east redwood street 1 2151 floor I baltlinore I and 1 21202 1 4.10.850,18118 F--� W W H 0 z N z o 7 0 z U 0 W zu �- - ,- H w O LLI U) H iO I u w n- I cC O {-� U U) CC � M T I 7 N 8 $ N a a 3 z �u N L' E E E y z z' y� 1 ry ,{ rpw ,q1 ^! 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I itit it it At it II Ii .I u 11 11 it 11 r` U z W w V 0 W LL_ 0 2 LL z O IIIIIII t N E E � 8 z z �• � 0 0 fl o t E E z z �• � 0 3 fl o Uz a � o v s a 1®1W t n �• � 0 3 a 1®1W t n tkTOW M11 CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER MARCH 17, 2015 A. CALL TO ORDER Be ADOPT AGENDA Co CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE resolutions decertifyingTIF District 2 -3 Highway 55/149 D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo March 17, 2015 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. CONSENTAGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVAL OF MINUTES EDAC -1 Minutes of the March 3, 2015 EDA meeting. 2. APPROVE EDA and City Council Resolutions Decertifying TIF District 2 -3 Highway 55/149 Actions to be considered: To approve a resolution of the EDA to decertify Tax Increment District 2 -3 Highway 55/149 And To Approve a resolution of the City to decertify Tax Increment District 2 -3 Highway 55/149 Facts: ➢ TIF District 2 -3 was established in 1996 to redevelop properties on Highway 55 west of 149. ➢ Daniel Commers developed Eagan Business Commons in the district ➢ A TIF note payable to Commers has been paid and all City expenditures have been recovered through TIF revenues ➢ The district is required to decertify by 2023. Because all of the expenditures have been recovered, it can be decertified now. ➢ The City Attorney has suggested that resolutions to decertify be passed by both the City and the EDA, and that actions to approve both can occur at the same time during the EDA meeting. Attachments: ➢ EDAC2 -1 Resolution of the EDA to decertify TIF 2 -3 ➢ EDAC2 -2 Resolution of the City to decertify TIF 2 -3 D. OLD BUSINESS There are no other items at this time. E. NEW BUSINESS There are no other items at this time. F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 3, 2015 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 3, 2015 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, Commissioner Hansen, and Commissioner Tilley. Also present were Executive Director Osberg and City Attorney Dougherty, Community Development Director Hohenstein was absent. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Cyndee seconded a motion to approve the agenda as presented. Aye: 5 Nay :0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye:5 Nay :0 1. It was recommended to approve the minutes of February 17, 2015. 2. It was recommended to approve extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District, 3. It was recommended to approve extension of TIF Redevelopment Agreement term for McGough for Blue Gentian Corporate Center in northeast Eagan Redevelopment District 2 -5, There was no Old Business. There was no New Business, There was no Other Business, OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 David M. Osberg, Executive Director RESOLUTION NO, EAGAN ECONOMIC DEVELOPMENT AUTHORITY APPROVE THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO, 2 -3 OF THE CITY OF EAGAN WHEREAS, on June 4, 1996, the Eagan Economic Development Authority (the "EDA ") created its Tax Increment Financing District No. 2 -3, (the "District ") within its Northeast Eagan Development District No. 2 (the "Project "); and WHEREAS, as of December 31, 2014 all interfund loans, bonds and obligations to which tax increment from the District have been pledged are paid in full; and WHEREAS, all other costs of the Project have been paid; and WHEREAS, the EDA desires by this resolution to cause the decertification of the District after which all property taxes generated by property within the Districts will be distributed in the same manner as all other property taxes as of December 31, 2014 for taxes payable in 2015. NOW THEREFORE, BE IT RESOLVED by the Eagan Economic Development Authority, Dakota County, Minnesota, that the EDA's staff shall take such action as is necessary to cause the County Auditor of Dakota County to decertify the District as a tax increment district and to no longer remit tax increment from the District to the EDA. Motion by: Seconded by: Those in favor: Those against: Date: March 17, 2015 Eagan Economic Development Authority By: Attest: CERTIFICATION Its Chair Its Executive Director I, David M. Osberg, Executive Director of the Eagan Economic Development Authority, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Eagan Economic Development Authority, Dakota County, Minnesota, in a regular meeting thereof assembled this 17`" day of March, 2015. Executive Director RESOLUTION NO, CITY OF EAGAN APPROVE THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO, 2-3 OF THE CITY OF EAGAN WHEREAS, on June 4, 1996, the City of Eagan (the "City ") created its Tax Increment Financing District No. 2 -3, (the "District ") within its Northeast Eagan Development District No. 2 (the "Project "); and WHEREAS, as of December 31, 2014 all interfund loans, bonds and obligations to which tax increment from the District have been pledged are paid in full; and WHEREAS, all other costs of the Project have been paid; and WHEREAS, the City desires by this resolution to cause the decertification of the District after which all property taxes generated by property within the Districts will be distributed in the same manner as all other property taxes as of December 31, 2014 for taxes payable in 2015. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, County of Dakota, State of Minnesota, that the City's staff shall take such action as is necessary to cause the County Auditor of Dakota County to decertify the District as a tax increment district and to no longer remit tax increment from the District to the City. Motion by: Seconded by: Those in favor: Those against: Date: March 17, 2015 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 17`x' day of March, 2015, City Cleric