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04/07/2015 - City Council RegularI. III. IV. AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING APRIL 7, 2015 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE ADOPT AGENDA RECOGNITIONS AND PRESENTATIONS 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. SET interest rate on special assessments levied in 2015 at 4.0% F. APPROVE a policy addressing billing discrepancies in City utility accounts G. APPROVE Request for Proposals (RFP) for Legal Services (General Legal, Prosecution, and Labor Services) H. APPROVE Plans & Specifications, Contract 15 -10 (Old Town Hall Repairs and Renovation) and Authorize Advertisement of Bids I. APPROVE Resolution adopting and authorizing publication of the summary ordinance for Ordinance No. 540 J. APPROVE temporary on -sale liquor license for Twin Cities Goodtime Softball League's North Star Classic on May 23 -24, 2015 at 980 Northview Park Road K. APPROVE two temporary on -sale beer licenses and waive the license fees for All Saints Lutheran Church's Community Gatherings on April 29, 2015 and August 5, 2015 at 3830 Lexington Avenue South L. APPROVE temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge's Christian Arts Festival on April 16 and 18, 2015 at 601 River Ridge Parkway M. AWARD Contract No. 15 -01 (2015 Citywide Street Improvements) N. AWARD Contract No. 15 -02 (2015 Citywide Street Improvements) 0, AWARD Contract No. 15 -03 (2015 Water Quality /Storm Sewer Improvements) P. APPROVE Plans & Specifications, Contract 15 -09 (2015 Trail and Parking Lot Improvements) and Authorize Advertisement for Bids May 14, 2015 Q. APPROVE Joint Powers Agreement, Project 1174, Yankee Doodle Road (CSAH 28)/ Promenade Avenue/ O'Leary Lane Intersection Improvements R. REQUEST Municipal State Aid Designation Authorization S. APPROVE Authorization for the Preparation of Plans & Specifications, City Project 1186, Well #22 (Central Park Commons) T. Item removed U. APPROVE 2015 General Fund Budget Adjustment to Address Emerald Ash Borer (EAB) Infestation V. APPROVE 2015 Water System Renewal & Replacement (Fund 1121) Budget Adjustment to Address Well No. 3 Restoration W. APPROVE 2015 Eagan Community Center Fund Budget Adjustment to Address Construction Cost of Parking Lot and Trail Expansion X. APPROVE Final Payment Contract No. 13 -05 (Cedar Grove Parking Garage) Y. AUTHORIZE a Modification to the 2015 Renewal and Replacement Budget Z. ADOPT a Resolution accepting a donation from the Eagan Lions Club to help fund the Eagan Police Department's 50th Anniversary Celebration AA, APPROVE Exempt Permit for the Red Pine Elementary Parent Teacher Organization to hold a raffle on May 7, 2015 at 530 Red Pine Lane BB. APPROVE premise permit for the Eagan High School Football Booster Club to conduct lawful gambling at 4185 South Robert Trail V. PUBLIC HEARINGS A. VACATE Public Drainage & Utility Easements within the Beau D Rue Drive Plat B. VACATE Public Drainage & Utility Easements Leibel Addition C. CONSIDER Approval of Minnesota Investment Fund Application and Agreement for Data Bank at 3255 Neil Armstrong Boulevard VI. OLD BUSINESS A. ORDINANCE AMENDMENT —An Ordinance Amendment to Chapter 6.34 regarding the sale of tobacco and electronic delivery devices B. COMPREHENSIVE GUIDE PLAN AMENDMENT —The Gates of Eagan Apartments/ Nichols Park, LLC. - A Comprehensive Guide Plan Amendment from R /C, Retail Commercial to HD High Density Residential located at Diffley Rd and Nichols Road VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT- Toppers Pizza/ Brad Vinton - A Planned Development Amendment to allow delivery services until 3 a.m. within 200' of residential property located at 4250 Lexington Avenue B. PLANNED DEVELOPMENT AMENDMENT— Holiday Stationstores, LLC /Jake Bauer - A Planned Development Amendment to allow outdoor storage of a freezer, exterior merchandise and maintenance equipment within a screen wall located at 1579 Cliff Road VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items scheduled for consideration at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) MI. CLOSED SESSION XIII. ADJOURNMENT City of Evan TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: APRIL 3, 2015 Mc�o SUBJECT: AGENDA INFORMATION FOR APRIL 7, 2015 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 7, 2015 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 7, 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 10, 2015 Special Council meeting, and March 17, 2015 regular Council meeting as presented or modified. Attachments: (2) CA -1 March 10, 2015 Minutes CA -2 March 17, 2015 Minutes MINUTES SPECIAL CITY COUNCIL MEETING MARCH 10, 2015 5:30 P.M. EAGAN MUNICIPAL CENTER The Special City Council meeting began at 5:45 p.m. City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Fields and Hansen. Councilmembers Tilley was absent. City staff present: City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Police Chief McDonald, and Director of Parks & Recreation Johnson ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye:4 Nay :0 VISITORS TO BE HEARD There were no visitors to be heard. GATES OF EAGAN — COMPREHENSIVE PLAN AMENDMENT City Administrator Osberg introduced the item noting the request was before the City Council on January 20, 2015. Following discussion between the Council and the applicant on January 20 there was consensus that the item be tabled and brought back to the March 101h Council workshop. Osberg noted tonight's discussion is to receive information from the applicant about his past efforts to market the property under its current land use in the Guide Plan and other concepts he has tested in the market. Osberg noted the request for a comprehensive guide plan amendment will be before the Council on April 7, 2015, City Planner Ridley was available for questions. The applicant, Steve Liefschultz, provided information on the history of the property and his past efforts to market the property under its current land use along with conceptual elevations of the proposed buildings. The Council acknowledged the historical perspective provided by Mr. Liefschultz and discussed the threshold of information the City Council receives when considering development items. The City Council gave direction to add Gates of Eagan — Comprehensive Plan Amendment to the April 7, 2015 City Council meeting agenda for formal consideration. CITY HALL /POLICE DEPARTMENT SPACE NEEDS ANALYSIS City Administrator Osberg introduced the item noting in 1995, the Municipal Center underwent a major renovation which remodelled the City Hall portion of the building and added a new facility for the Police Department. At that time, it was forecasted that the newly built and remodelled facility would serve the Special City Council Minutes March 10, 2015 Page 2 needs of City operations and the Police Department until 2014. Osberg noted on March 18, 2014, the Council authorized staff to seek proposals for a space needs analysis. On June 17, 2014, the Council authorized a professional service agreement with CNH architects to conduct the space needs analysis for City Hall and the Police Department. Osberg encouraged the Council to provide feedback. Quinn Hudson of CNH Architects walked through the space needs analysis at the Eagan Municipal Center and Police Department. He also touched on opportunities that may exist for possible uses at the Fire Administration building. The Council discussed the space needs analysis and gave direction to proceed ahead in bringing a potential financing plan to the June 9 Council workshop that speaks to the City's capital /space needs for the next several years. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Fields moved, Councilmember Bakken seconded a motion to adjourn at 6:55 p.m. Aye :4 Nay:O Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota MARCH 17, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Councilmembers Fields, Bakken, and Tilley. Councilmember Hansen was absent. A regular meeting of the Eagan City Council was held on Tuesday, March 17, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Fields, Bakken, and Tilley. Councilmember Hansen was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Director of Finance Pepper, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Director of Public Works Matthys, Director of Parks & Recreation Johnson, Police Chief McDonald, Fire Chief Scott, City Clerk Scipioni, and Executive Assistant Stevenson. AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as presented. Aye:4 Nay :0 RECOGNITIONS AND PRESENTATION City Administrator Osberg noted it is a pleasure to recognize the combined efforts of DataBank, Dakota Electric and the City of Eagan who received an award from the Economic Development Association of Minnesota at the 'Excellence in Economic Development Awards' ceremony held on January 22, 2015 in Brooklyn Park, Communications Director Garrison noted last June the City Council approved actions in securing the commitment of Dallas -based DataBank to open a major new 88,000 square foot data center in Eagan. Since 2011 it has been a Council goal to secure a specialized data center to Eagan. Garrison introduced Mark Lofthus of Dakota Electric, who explained the significance of the award. Lofthus presented the award to Kevin Ooley and Kris Edinger of DataBank, Mayor Maguire and Director of Community Development Hohenstein of the City. CONSENT AGENDA Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Consent Agenda as presented: Aye:4 Nay: 0 A. It was recommended to approve the minutes of March 3, 2015 regular City Council meeting. B. There were no personnel items. C. It was recommended to approve the check registers dated February 27 and March 6, 2015, D. It was recommended to approve the ordinary and customary contract with the Minnesota Department of Agriculture and contracts for 2015 Market Fest entertainment. E. It was recommended to schedule a Public Hearing on April 7, 2015 to consider approval of public financing assistance to DataBank LLC for the development of a colocation data center City Council Meeting Minutes March 17, 2015 2 page at 3255 Neil Armstrong Boulevard, including an application for a Minnesota Department of Employment and Economic Development Minnesota Investment Fund forgivable loan. F. It was recommended to approve pool of Consultant Service providers for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the collection of businesses, and 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. G. It was recommended to approve a Final Plat for Trinity Lone Oak Lutheran Church to create one lot upon 9.5 acres located at 2950 Highway 55. H. It was recommended to 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. I. It was recommended to approve an agreement with the Metropolitan Council for a Municipal Publicly Owned Infrastructure Inflow & Infiltration Grand Program, and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to 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. K. It was recommended to 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. L. Item was removed. M. It was recommended to 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. N. It was recommended to 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. O. It was recommended to approve contracts with consulting engineering firms for General Municipal and Technical /Specialty Services, and authorize the Mayor and City Clerk to execute all related documents. P. It was recommended to approve plans and specifications for Fire Station Four remodel and authorize advertisement for bid. Q. It was recommended to approve a resolution authorizing the Mayor and City Clerk to execute ordinary and customary contracts by electronic signature. R. It was recommended to approve the 2015 July 4t" 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. S. It was recommended to 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). T. It was recommended 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. City Council Meeting Minutes March 17, 2015 3 page U. It was recommended 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. V. It was recommended 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. W. It was recommended 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. There were no public hearings to be heard. PUBLIC HEARINGS OLD BUSINESS Ordinance Amendment — Bee Keeping City Administrator Osberg introduced the item noting the Council is being asked to approve an Ordinance Amendment to allow for bee keeping on single family residential properties subject to the standards outlined in the draft ordinance, and to approve a resolution establishing a fee for beekeeping permits. City Planner Ridley gave a staff report. City Clerk Scipioni 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 Fields seconded a motion to approve an ordinance amendment to Chapter 10 to allow bee keeping on single family residential properties subject to the standards outlined in the draft ordinance. Aye: 4 Nay: 0 Councilmember Tilley moved, Councilmember Fields seconded a motion to approve a resolution establishing a fee for beekeeping permits. Aye: 4 Nay: 0 Ordinance Amendment — Indoor Shooting Ranges City Administrator Osberg introduced the item noting the Council is being asked to approve an Ordinance Amendment to allow for indoor firearms shooting ranges in Industrial Zoned properties subject to the standards outlined in the draft ordinance, and to approve a resolution establishing fees for indoor firearms shooting range licenses. City Planner Ridley gave a staff report. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes March 17, 2015 4 page Councilmember Bakken moved, Councilmember Fields seconded a motion to approve 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. Aye: 4 Nay: 0 Councilmember Bakken moved, Councilmember Fields seconded a motion to approve a resolution establishing fees for indoor firearms shooting range licenses. Aye: 4 Nay: 0 NEW BUSINESS Rezoning and Preliminary Subdivision (Willow Ridge) — Alliant Engineering City Administrator Osberg introduced the item noting the Council is being asked to approve a rezoning of five acres from Agriculture, to R -1S Residential Single, on property located at 1085 Wescott Road, a rezoning from Planned Development, to R -1S Residential Single, on property located at 1055 Wescott Road, and a preliminary subdivision to create 15 lots upon 10 acres. City Planner Ridley gave a staff report. The applicant, Clark Wicklund of Alliant Engineering, was available for questions. Mayor Maguire opened the public comment. Dan Enders, 3716 Cardinal Way, Steve Wolfrath, 3720 Cardinal Way, and Sue Vruno, 3708 Cardinal Way addressed the Council with their concerns regarding R -1S zoning, drainage issues, wetlands impact, structure setbacks, loss of privacy, and tree loss. Staff responded to their concerns. There being no further public comment, the Mayor turned the discussion back to the Council. The Council discussed the Rezoning and Preliminary Subdivision. Councilmember Fields stated she would like to see a condition to provide street flagging of construction vehicles during grading of the site. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from A, Agricultural, to R -1S, Residential Single — Small Lot upon approximately five acres located at 1085 Wescott Road, north of Wescott Road and east of Lexington Avenue. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Bakken seconded a motion to approve a Rezoning from PD, Planned Development, to R -1S, Residential Single — Small Lot upon approximately five acres located at 1055 Wescott Road, north of Wescott Road and east of Lexington Avenue. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to approve 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: Aye: 5 Nay: 0 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 2, 1993: All B1, B2, 631 1341 C11 C21 C31 C41 E1, F11 G11 H1, 11, 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. City Council Meeting Minutes March 17, 2015 5 page 4. The applicant shall ensure the survival of preserved trees which are the ones shown on their plans and trees located on adjacent land 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. 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 a 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). 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 City Council Meeting Minutes March 17, 2015 6 page 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. 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. 22. Tree protection fencing shall be placed at the Drip Line or perimeter of the Critical Root Zone of all offsite trees. 23. The developer shall provide flag service for safety on Wescott Road during grading activity to the satisfaction of the Department of Public Works. Comprehensive Guide Plan Amendment (MN Autism Center) — Ryan Companies US, Inc. City Administrator Osberg introduced the item noting the Council is being asked to give consideration of submittal to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from Mixed Use to Public /Quasi - Public of 6.5 acres located at 3800 Tesseract Place, City Planner Ridley gave a staff report. The applicant, Dan Mueller of Ryan Companies US, Inc., gave a brief background of the organization and reason for the expansion, and stated he 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 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, Aye: 4 Nay: 0 City Council Meeting Minutes March 17, 2015 7 page Planned Development Amendment — Eagan Outlet Partners, LLC City Administrator Osberg introduced the item noting when the City Council approved the Planned Development Amendment for Twin Cities Premium Outlets Paragon it included certain designs of the screen walls that are along the perimeter of the campus. The applicant is asking for a modification of the Planned Development. City Planner Ridley gave a staff report. Paul Reed, representing Paragon Outlets, explained the original design of the screen wall grills, and the structural and practical reasons why changes were made to the screen wall grill design during the construction phase. Mayor Maguire stated his concern of meeting the architectural design standards established in the Planned Development Agreement, noting the proposed design does not meet those standards. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the planned development amendment. After further discussion, the Council consensus was the proposed screen wall did not meet the architectural design and purpose of the original plans approved as part of the planned development and suggested the developer should explore other alternatives and bring options back to a future Council workshop for consideration. Councilmember Fields moved, Councilmember Bakken seconded a motion to continue the Planned Development Agreement for modification to the screen wall grillwork for property located at 3965 Eagan Outlets Parkway, legally described as Lot 1, Block 1, Paragon Addition to the May 12, 2015 Special City Council Workshop, and to be included on the May 19, 2015 regular City Council meeting agenda for formal consideration. Aye: 4 Nay: 0 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 BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at 8:15 p.m. Aye:4 Nay:0 City Council Meeting Minutes March 17, 2015 8 page Date Mayor City Clerk Agenda Information Memo April 7, 2015 Eagan City Council Meeting CONSENT AGENDA Be Personnel Items Item 1 Action to be Considered: Approve City Policy revision to the Employee Handbook, Section 16.2.1 regarding Personal Leaves of Absence: Definition: A Personal Leave of Absence may be requested to handle personal or family matters. Available vacation, sick time or compensatory time must be used during such a leave. Requests are considered on a case by case basis. 16.2.1 An employee's Department Director may approve a leave of absence without pay for a period of forty hours or less. Of all ;Qcatiam ;and eempens.ate Fy tomes has hPPR mie•ed Item 2 Action to be Considered: Approve City Policy revision to the Employee Handbook, Section 22.2 regarding Tuition Reimbursement eligibility: Participant Eligibility: To be eligible under this policy, an employee must meet the qualifications outlined below: 22.2.1 Candidates must be employed by the City of Eagan as a regular employee at the time of application and at the completion of the course or courses approved. Employees hired after February 1, 2003, must have at least three two continuous calendar years of service with the City of Eagan to be eligible, unless otherwise stated in a current labor contract. Item 3 Action to be Considered. Accept the resignation of Thomas M. Schellinger, Full Time Temporary Fire Captain and authorize appointment of a Full Time Temporary /Acting Fire Captain, to be named. Facts. In order to fulfill the staffing requirements of the SAFER program, the Fire Chief will appoint an internal candidate to fulfill the Captain duties for the remainder of the grant period. ➢ The appointee shall be selected from the pool of full time temporary Fire Fighters hired under the SAFER grant. ➢ The appointment shall be valid only through the duration of the SAFER Program, Item 4 Action to be Considered. Upon the appointment of the new Full Time Temporary /Acting Fire Captain, authorize the appointment of a Full Time Acting Fire Fighter to fulfill the obligations of the vacant position created by the promoted Fire Captain. ➢ This employee is yet to be named. ➢ The appointment shall be valid only through the duration of the SAFER Program, Item 5 Action to be considered. Approve the termination of Parks Maintenance Worker, Alexander Lamers. ➢ All City of Eagan employees must meet the minimum qualifications of the job description associated with their position. ➢ This employee no longer meets the minimum qualifications of the Parks Maintenance Worker position. Item 6 Action to be considered: Approve the hiring of the following seasonal employees; Jeff O'Donnell — Park Laborer Hugh Peterson — Park Attendant Blake Selvestra — Park Laborer David Jungers — Park Maintenance Agenda Information Memo April 7, 2015 Eagan City Council Meeting CONSENT AGENDA Co Ratify Check Registers Action To Be Considered: To ratify the check registers dated March 13, 20, and 27, 2015 as presented. Attachments: (3) CC -1 Check register dated March 13, 2015 CC -2 Check register dated March 20, 2015 CC -3 Check register dated March 27, 2015 Agenda Information Memo April 7, 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 CLIMB Theatre, Inc. to present education programs in five Eagan elementary schools during the 2015 -2016 academic year, in support of the City's stormwater pollution prevention program. ➢ Contract with Maxim Health Systems, LLC to hold a flu shot clinic for City employees. ➢ Delegation Agreement with the Minnesota Department of Labor and Industry to allow City building inspectors to administer Minnesota State Building Code in state licensed facilities, such as schools. This is a renewal of an existing delegation agreement. ➢ Contract with Northland Business Systems to provide hardware and software support to Police Department equipment. ➢ Independent Contractor Agreement with Andy Evansen to provide a watercolor painting class at the Eagan Art House. ➢ Land Use Agreement between the City, Blue Cross Blue Shield and the Eagan Athletic Association for use of soccer fields on the Blue Cross Blue Shield Campus. ➢ Location Agreement with McCally -Lee Entertainment, LLC to provide permission to film at Cascade Bay Water Park for an Eagan Convention and Visitor's Bureau publication. ➢ Contract with Schindler Elevator to provide annual service on the elevator at the Fire Safety Center. ➢ Amended and Restated Joint Powers Agreement for Property Assessed Clean Energy Program (PACE) with St. Paul Port Authority. On August 8, 2013, the City entered into a joint powers agreement with the St. Paul Port Authority to manage applications the City may receive for the Property Assessed Clean Energy (PACE) Program. To date, no applications have been processed, but as alternative energy systems evolve, especially in the area of solar energy, more businesses may become interested in such improvements and the use of PACE as a means of financing them. The amendment of the JPA will permit a modification of the description of funding sources for PACE to include additional Port Authority funding. This will provide additional flexibility for the SPPA as it works with applicants, but would not otherwise change the agreement itself. Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA E. Set interest rate on special assessments levied in 2015 at 4.0 %. Action to be Considered: To set the interest rate for special assessments levied in 2015 at 4.0 %. Facts: ➢ By policy, the interest rate for special assessments is set by the Council each year in April for projects to be assessed in the current year. The rate applies to assessments on public improvement projects, delinquent utility bills, and delinquent invoices for noxious weed - cutting, board -ups, and false alarm charges. ➢ The interest rate is to be between 1.5% and 2.0% over the current composite 10- year AAA municipal bond yield, rounded to the nearest .5 %. ➢ The current composite 10 -year AAA municipal bond yield is 2.07 %; therefore, the interest rate to be used on special assessments this year calculates to 4.0 %. ➢ Last year, the special assessment rate was 4.0% as well. Attachments: (0) Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA F. Approve a policy addressing billing discrepancies in City utility accounts Action to be Considered: To approve the Utility Account Discrepancy Policy. Facts: ➢ As noted in the March 13 Additional information, the City is undertaking an internal audit of its utility accounts to ensure customers are being properly billed for services. ➢ In the early stages of the review, some discrepancies have been discovered. Most of those are accounts that have been underbilled; a few have been overbilled. Staff is seeking to establish a policy so that customer accounts with billing discrepancies can be treated fairly and equitably. ➢ Generally, except in cases where the customer has acted fraudulently or has intentionally misled the City to avoid charges, past underbillings will be forgiven and the correct amount will be billed going forward. ➢ Accounts that have been overbilled will receive refunds for excess charges covering a period of up to six years. Attachments: (1) CF - 1 Proposed Utility Account Discrepancy Policy CITY OF EAGAN UTILITY ACCOUNT DISCREPANCY POLICY Adopted April 2015 Purpose Occasionally, the city or a city utility customer may discover a discrepancy in utility account charges. The purpose of this policy is to define parameters and guidelines to address the following Utility Billing account discrepancies: Accounts with overpayments (i.e., customer has been overcharged) Accounts with underpayments (i.e., customer has been undercharged) Accounts with Overpayments In cases where the overpayment amounts are confirmable, overpayments for a period of up to 6 years will be returned to the customer. Applicable accrued interest will also be paid on per annum basis at the City investment rate of return during the period of overpayment. An active customer account with overpayment will be immediately credited for the full amount due but not to exceed an average cycle bill during the prior 12 months. If the overpayment exceeds this threshold, the customer may choose to receive a check for the full amount due, or a check for a portion with the balance applied to the account. A final - billed account with overpayment will receive a check for the full amount due if the address or contact information of the final - billed account holder is known. If the customer's new address is not known, the account will be credited for the full amount and retained on balance for a period of 1 year, or until a claim is made or the customer's address becomes known. If, after 1 year from the date of the discovery, the customer's address is still unknown, the funds will be considered abandoned under M.S. Chapter 345. Accounts with Underpayments In cases where the underpayments result from a customer's fraudulent or intentional actions to avoid charges, and such amounts are confirmable, underpayments for a period of up to 6 years prior to discovery will be charged back to the customer. The finance department will work with the customer to develop a payment plan for the underpaid balance. The payment plan agreement will cover a period equal to the time over which the underpayment occurred, unless a shorter time period is mutually agreed upon. In all other cases, underpayment amounts will be forgiven and billing corrections will be made prospectively. Appeal Process Account holders may file an appeal with the City to address a utility account discrepancy. The appeal will be scheduled and heard by the Public Works Committee. Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA G. APPROVE Request for Proposals (RFP) for Legal Services (General Legal, Prosecution, and Labor Services) Action To Be Considered: Approve a Request for Proposals (RFP) for Legal Services (General Legal, Prosecution, and Labor Services) Facts. ➢ Per the direction of the Council, professional consulting services are reviewed approximately every 6 years. ➢ The City's professional legal services were last reviewed in 2008, and are now being proposed for review in 2015. The RFP for legal services includes requests for submittals in the areas of general legal services, prosecution, and labor services. ➢ If approved, the RFP will be advertised in April, with submittals due in May. Staff will evaluate proposals, with interviews by staff and /or Council scheduled for mid -May, if necessary. ➢ It is anticipated Council would approve the selected legal firms at the June 2, 2015 City Council meeting. Attachments: (1) CG -1 Proposed 2015 Legal Services RFP I III LEGAL SERVICES REQUEST FOR PROPOSALS (2015) City of Eagan -2015 Legal Services RFP Page 2 SCHEDULE REQUEST FOR PROPOSALS LEGAL SERVICES City Council Approval of RFP April 7, 2015 Distribute /Advertise RFP's April 8, 2015 RFP Submittals DUE Friday, May 1, 2015 Staff Evaluation May 4 -8, 2015 Staff /Committee Interviews (tentative) May 1145, 2015 City Council Interviews (tentative) May 1&22, 2015 City Council Approval June 2, 2015 City of Eagan -2015 Legal Services RFP Page 3 LEGAL REQUEST FOR PROPOSALS TABLE OF CONTENTS I. INTRODUCTION II. PROPOSAL INSTRUCTIONS III. PROPOSAL CONTENT IV. CATEGORIES • GENERAL LEGAL SERVICES • LABOR LEGAL SERVICES • PROSECUTION SERVICES V. PROPOSAL EVALUATION AND CONTRACT AWARD VI. CONTRACT EXECUTION VII. CITY INFORMATION City of Eagan -2015 Legal Services RFP Page 4 I. INTRODUCTION This request has been prepared by the City of Eagan to retain the services of legal consultants. The request consists of three parts: • A City Attorney and staff for general legal services • Legal consultants specializing in labor law • A Prosecution Attorney and staff for prosecution and related legal services II, INSTRUCTIONS FOR PROPOSERS A. All legal firms may submit a proposal for one or more of the legal positions. However, if a firm wishes to submit a proposal for all three of the legal positions, it must do so separately. A single proposal addressing more than one position will not be accepted. One proposal must be submitted for each legal service position. B. All proposals must be sent as a PDF document via email to: Dianne Miller, Assistant City Administrator dmillergeityofea ag n.com • The City is requesting all proposals be submitted via e -mail; thus, no paper copies of the proposal(s) need to be printed or mailed to the City. C. All proposals must be received no later than 4:30 p.m. on Friday, May 1, 2015. III. PROPOSAL CONTENT A. Title Page Show the RFP subject, the name of the firm, local address, telephone number, email, name of contact person and the date. B. Table of Contents Include a clear identification of the material by section and page number. IV. CATEGORIES: City Attorney /General Legal Services At a minimum, the proposal shall include, a. The areas of expertise and general services available. b. The general qualifications of the firm as related to the requested services. c. The proposal should address each of the activities outlined in the scope of work. The proposal should expand upon each item and set forth the firm's approach /ability to carry out each activity. d. The name, experience and qualifications of the person who will be responsible for fulfilling the obligations as City Attorney, and his or her designees. City of Eagan -2015 Legal Services RFP Page 5 e. The qualifications and resumes of other professional staff that will be responsible for providing legal services. f. The availability of the aforementioned staff. g. List and describe any previous or current experience in municipal legal services, specify activities performed, and the naive of a person who may be contacted at the municipality. h. A list of previous or current activities performed for the City of Eagan. i. Define any potential conflicts of interest the firm might have providing services to the City. j. Describe your research capabilities, and the references that you utilize. Detail your capability to maintain a proper response time for legal reports and memos. lc. Provide a detailed description and explanation of all fees and /or charges that may arise for provided municipal legal services. 1. Provide the most recent audit or financial report. Scope of Work: General Legal Services /City Attorney a. Legal Action: The City Attorney's office is involved in any civil action brought against the City that is not covered by liability insurance. These primarily have to do with actions being brought as a result of action of the Planning Commission and City Council whereby a developer or applicant requests the court that the action be overturned. Other civil actions include condemnation for street and utility right -of -way, actions being brought either by or against the City regarding nuisance issues, and injunctions brought for or against the City where Eagan's liability insurance carrier defends the claims. b. Advisor to the City Council, Committees and Staff: The City Attorney also acts as advisor to the City Council, Advisory Planning Commission, the Advisory Parks and Recreation Commission and other committees and staff. These functions include attending and reviewing minutes for the regular City Council meetings and Planning Commission meetings and attending other committee meetings as are requested by the City Administrator or City Council. These activities include the preparation of opinions on miscellaneous legal issues including zoning, platting, and the issuance of permits, procedural matters dealing with operation of the City Council and Advisory Planning Commission and other committees. c. Improvement and Redevelopment Projects: The City Attorney's office is involved in assistance with improvement projects including sanitary sewer, water, storm sewer and street improvements. These functions include the acquisition and negotiation for all easements for street and utility purposes including condemnation where necessary, assistance in assessment issues including the preparation of assessment rolls and advising the Council in assessment hearings City of Eagan -2015 Legal Services RFP Page 6 and other proceedings. In addition, the firm will handle all assessment appeals to the District Court and prepare and assemble transcripts for all General Obligation bond issues in cooperation with bond counsel for the City. The firm will also provide counsel on matters of economic development activities including development, redevelopment, enforcement, and property and real estate law. d. Miscellaneous Legal Issues: In addition, the City Attorney's office is involved in areas such as ordinance drafting, preparation of documents including development agreements and planned unit development agreements, preparation of agreements of a miscellaneous nature, review of transcripts for industrial revenue and tax exempt mortgage financing, negotiation for the acquisition, sale or transfer of title to personal property and land acquisition of easements by the City for miscellaneous purposes including parks, general advice to the City regarding building permits, zoning, platting, assistance with insurance issues, property maintenance and code enforcement, employee relations, etc. Labor Attorney. Provides specialized labor law advice and expertise. As a minimum, the proposal shall include: a. The areas of expertise and general services available. b. The general qualifications of the firm as related to the requested services. c. The proposal should address each of the activities outlined in the scope of work. The proposal should expand upon each item and set forth the firm's approach /ability to carry out each activity. d. The name, experience and qualifications of the person who will be responsible for fulfilling the obligations to the City. e. The qualifications and resumes of other professional staff that will be responsible for providing legal services. f. The availability of the aforementioned staff. g. List and describe any previous or current experience in municipal legal services, specify activities performed, and the name of a person who may be contacted at the municipality. h. A list of previous or current activities performed for the City of Eagan. i. Define any potential conflicts of interest the firm may have providing services to the City. j. Describe your research capabilities, and the references that you utilize. Detail your capability to maintain a proper response time for legal reports and memos. lc. Provide a detailed description and explanation of all fees and /or charges that may arise for provided municipal legal services. 1. Provide the most recent audit or financial report. City of Eagan -2015 Legal Services RFP Page 7 Scope of Work: Labor Attorney a. Special labor legal counsel will provide legal advice, legal consultation and perform the necessary negotiations or litigation on legal issues such as labor disputes, personnel issues, and other employee /human resources matters. As requested, labor counsel will advise on mediation or litigation associated with labor negotiations. Labor counsel will serve the City Council under the coordination of the City Attorney or City Administrator. b. Special labor counsel will meet with the City Council, Council committees, or staff at the request of the City Administrator. c. Special labor counsel may be given duties that are customarily the responsibility of the City Attorney's office due to current workload, or at the request of the City Council or City Administrator. Such duties would be communicated through the City Administrator's office at the direction of the City Council, and not directed by the City Attorney's office. Prosecution Services: Provides the City of Eagan with prosecution of petty misdemeanors, misdemeanors, and gross misdemeanors as well as providing related legal advice. This includes the ability to cite codes as necessary and assist in the development of City policies and guidelines for managing different existing and potential future situations. As a minimum, the proposal shall include: a. Provide resumes for your firm and for each attorney who may provide services to the City. b. Describe special areas of expertise held by members of the applicant firm and describe how they may be utilized /applied within the prosecution function. Describe criminal appellate experience. c. One important consideration in the provision of Eagan's prosecution services is that the attorney(s) be readily accessible to City personnel, especially police officers. Discuss how your firm intends to meet this goal. d. Describe who would primarily service as prosecutor. Describe how you will ensure sufficient backup personnel are available as needed. e. Describe your research capabilities, and the references that you utilize. Detail your capability to maintain a proper response time for legal reports and memos. f. Describe your support staff (knowledge, skills, abilities, expertise). g. Describe in detail all related services that will be rendered in conjunction with the proposed prosecution services (training sessions for police, regular written updates and policy statements, etc.). City of Eagan -2015 Legal Services RFP Page 8 h. List and describe any previous or current experience in municipal legal services, specify activities performed and the name of a person who may be contacted at the municipality. i. List previous or current activities performed for the City of Eagan. j. Define any potential conflicts of interest the firm may have providing services to the City. lc. Provide a detailed description and explanation of all fees and /or charges that may arise for provided prosecution and related legal services. 1. Provide the most recent audit or financial report. V. PROPOSAL EVALUATION AND CONTRACT AWARD A. The City intends to award a contract to the proposer(s) evaluated to be best qualified to perform the work, for the City, cost and other factors considered. B. Based upon the evaluation, the City Administrator will recommend to the City Council the selection of the firm(s) judged to be the most responsive and responsible proposer for each position. The City Council may choose to Conduct interviews of those firms they deem fit. The actual selection of the firm(s) and contract awards will be made by the City Council. C. The City shall not be liable for any expenses incurred by the proposer including, but not limited to, expenses associated with the preparation of the proposal or final contract negotiations. D. The City of Eagan reserves the right to reject any and all proposals or to request additional information from any or all proposers. VI. CONTRACT EXECUTION A. Contract Negotiations — Notwithstanding a contract award, the City reserves the right to negotiate the final terms and conditions of the contract to be executed. Should the City and the proposer (s), to whom the contract(s) is recommended to be awarded, be unable to mutually agree upon the entire contract, the City reserves the right to discontinue negotiations, select another proposer or reject all of the proposals. Upon completion of negotiations agreeable to the City and proposer, a contract shall be executed. B. Contract Ethics — 1. No elected official or employee of the City who exercises any responsibilities in the review, approval or implementation of the proposal or contract shall participate in any decision which affects his or her direct or indirect personal or financial interest. 2. It is a breach of ethical standards for any person to offer, give or agree to give any City employee or Council person or for any City employee or Council person to solicit, demand, accept or agree to accept from another person or firm, a gratuity or an offer of employment whenever a consideration was motivated by an individual, group or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded to the general public. City of Eagan -2015 Legal Services RFP Page 9 3. The firm(s) shall not assign any interest in this contract and shall not transfer any interest in the same without prior written consent of the City. 4. The firm(s) shall not accept any client or project which, by nature, places it in an ethical conflict with its representation of the City of Eagan. 5. The City requires affirmative action and, therefore, the firm(s) selected shall not discriminate under the contract against any person in accordance with federal, state or local regulation. VII. CITY INFORMATION A. City Organization — The City of Eagan was incorporated in 1974 as a statutory, Plan A City. It has a Council — Administrator form of government. The City provides a full array of municipal services and general administrative functions. 1. City Council — The Eagan City Council is the final review and approval authority regarding all contracts, payments, plans, improvements, policies, procedures, and other business of the City. The City Council, composed of four members and the Mayor, is the legislative and policy malting body of the City. The Mayor, who presides over City Council meetings, is elected at large for a four -year term. The Councilmembers are also elected at large for four -year terms. The current composition of the City Council is as follows: Name Title Term Expires Mike Maguire Mayor December 31, 2018 Paul Bakken Councilmember December 31, 2018 Cyndee Fields Councilmember December 31, 2016 Gary Hansen Councilmember December 31, 2018 Meg Tilley Councilmember December 31, 2016 2. City Administrator — The City Administrator reviews and coordinates all matters coming before the City Council. He is responsible for the implementation of Council direction and the coordination and management of City departments on a daily basis. 3. City Staff — The City Administrator implements Council direction through the Department Directors. For this proposal, the primary departments are Administration (including Human Resources) and Police. These Department Directors, along with the Human Resources Manager, shall act as liaisons to the contracted firm. Agenda Information Memo April 7, 2015, Eagan City Council Meeting . 191EV►I<ieWUL H. Approve Plans & Specifications, Contract 15 -10 (Old Town Hall Repairs and Renovation) and Authorize Advertisement of Bids Action To Be Considered: Approve Plans & Specifications, Contract 15 -10 (Old Town Hall Repairs and Renovation) and Authorize Advertisement of Bids Facts: ➢ On January 6, 2015, the Council approved a professional services agreement with Mohagen Hansen Architectural Group, in consultation with MacDonald & Mack Architects, to authorize the firm to prepare plans and specifications for the Old Town Hall restoration project and to serve as the architect /project manager for the restoration work (in consultation with City staff). ➢ Old Town Hall was substantially damaged on September 8, 2013 when an arsonist set fire to the building. ➢ Staff has worked with the Mohagen Hansen team over the past three months on the plans and specifications for the project. ➢ At the City's request, Mohagen Hansen also prepared a cost list for potential building /site features that could be considered if community fundraising proceeds are available. ➢ Following a competitive bid process in April and May, the restoration work is anticipated to begin in June 2015, with an anticipated completion date of September 30, 2015. ➢ The contract is proposed to be awarded based on best value contracting authority, meaning the City will be considering the quality and experience of each bidder in addition to the bid price. Attachments: (0) ➢ Copies of the plans and specifications are available in the City Clerk's Office. Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA Approve Resolution adopting and authorizing publication of the summary ordinance for Ordinance No. 540 Action To Be Considered. To adopt a resolution adopting and authorizing publication of the summary ordinance for Ordinance No. 540. Facts: At its March 17, 2015 meeting, the City Council approved Ordinance No. 540, which created a license for indoor firearms shooting ranges. ➢ Given the length of the ordinance amendment, summary publication is ITANSTA IT, TOR ITO Mao ➢ The full ordinance is available to the public via the City Clerk's Office. Attachments: (1) CI -1 Resolution EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on , at 6:30 p.m. The following members were present: Maguire, BakIcen, Fields and Tilley; and the following were absent: Hansen. Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING & AUTHORIZING THE PUBLICATION OF THE SUMMARY ORDINANCE FOR ORDINANCE NO, 540 WHEREAS, on March 17, 2015, the Eagan City Council adopted Ordinance No. 540 2 "a Series under which the Eagan City Code was amended by adding Section 6.40, governing the licensing and regulation of an indoor firearms shooting range. BE IT RESOLVED by the City Council of the City of Eagan, Minnesota that the text of the summary marked "Official Summary of Ordinance No. 540 ", a copy of which is attached hereto, clearly informs the public of the intent and effect of Ordinance No. 540 2nd Series and that publication of the title and said summary will clearly inform the public of the intent and effect of the ordinance. BE IT FURTHER RESOLVED by the City Council that the attached Summary Ordinance for Ordinance No. 540 is hereby approved and shall be published for proper notice in accordance Minnesota law. ADOPTED by the Council this day of , 2015. Mike Maguire, Mayor ATTEST: Christina M. Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor: Maguire, Bakken, Hansen, Fields and Tilley; and the following voted against the same: none. WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Cleric. The following is the official summary of Ordinance No. 540 as approved by the City Council of the City of Eagan on March 17, 2015, ORDINANCE NO, 540 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.40 REGARDING INDOOR FIREARMS SHOOTING RANGE; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99, Section 6.40 is added to set forth the licensing requirement, licensing process and license conditions for an indoor firearms shooting range. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Cleric at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. 1 Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA J. Approve temporary on -sale liquor license for the Twin Cities Good Time Softball League's North Star Classic on May 23 -24, 2015 at 980 Northview Park Road Action To Be Considered: To approve a temporary on -sale liquor license for the Twin Cities Good Time Softball League's North Star Classic on May 23 -24, 2015 at 980 Northview Park Road. Facts: ➢ The Twin Cities Good Time Softball League, a non - profit organization based in Minneapolis, has applied for a temporary on -sale liquor license for its softball tournament, the North Star Classic, scheduled for May 23 and 24 at the Northview Athletic Fields. ➢ The North Star Classic Tournament has been held in Eagan Since 2004. ➢ The organization has met the requirements for a temporary on -sale liquor license and has submitted the required documentation. The application has been reviewed by staff and the Police Department and has been found in order for approval. ➢ Following Council approval, the application will be forwarded to the Department of Public Safety — Alcohol and Gambling Enforcement Division for final approval. Attachments: (0) Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA K. Approve two Temporary On -Sale 3.2 Percent Malt Liquor (Beer) Licenses and waive the license fees for All Saints Lutheran Church's Community Gatherings on April 29, 2015 and August 5, 2015 at 3810 Lexington Avenue South, Action To Be Considered: To approve two temporary on -sale 3.2 percent malt liquor (beer) licenses and waive the license fees for All Saints Lutheran Church's Community Gatherings on April 29, 2015 and August 5, 2015 at 3810 Lexington Avenue South. Facts: ➢ All Saints Lutheran Church has requested two temporary on -sale beer licenses be issued to it for a community gatherings after two of their Wednesday night worship services. The event will be held on the Church grounds. ➢ All Saints Lutheran Church has requested that the $25.00 license fees be waived. ➢ The application form has been submitted and deemed in order by staff. Attachments: (1) CK -1 Letter From All Saints Lutheran Church All Saints Lutheran Church 3810 Lexington Avenue South Eagan, MN 55123 March 24:2015 RE: APRIL 29 AND AUGUST 5 COMMUNITY GATHERING PLANS All Saints Lutheran Church would like to host a Community Gathering after its April 29 and August 5 Wednesday Worship Servicea. The gatherings will begin at 7:30 pm and will end at 9:00 pm and will take place on the church grounds and parking lot to the side and behind the church building. If weather is an issue that evening, we will hold the event in the church's Gathering Area. Our faith community is about joining your path to others. This is one of the reasons, All Saints created the acronym P.A.T.H. to describe our life together. We are Progressing, Accepting, Thinking, Helping, Everything ASLC does creates or collective path. It is expected that 25 people will be in attendance at the event. The event will be marketed using the church's website (www.allsaintseagan.com) and local papers and will serve as the wrap up event to our summer activities, all of which were open to the Eagan community. We will have wristbands provided to anyone over 21 who is served alcohol. Many people from our congregation will be in attendance to provide security measures, if needed (escorting them off the property). We anticipate this to be a successful event and may ask for an additional date or two this summer. We look forward to hearing of your approvals Sincerely, Charles Trittin, Pastor Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA L. Approve a Temporary On -Sale Liquor License and waive the license fee for Trinity School at River Ridge's Christian Arts Festival on April 16 and 18, 2015 at 601 River Ridge Parkway, Action To Be Considered: To approve a temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge's Christian Arts Festival on April 16 and 18, 2015 at 601 River Ridge Parkway. Facts. ➢ Trinity School at River Ridge has requested a temporary on -sale liquor license be issued to it for a Christian Arts Festival. The event will be held within the school. ➢ Trinity School at River Ridge has requested that the $150.00 license fee be waived. ➢ The organization has met the requirements for a temporary on -sale liquor license and has submitted the required documentation. The application has been reviewed by staff and the Police Department and has been found in order for approval. ➢ Following Council approval, the application will be forwarded to the Department of Public Safety — Alcohol and Gambling Enforcement Division for final approval. Attachments: (1) CL -1 Letter from Trinity School at River Ridge TFJNI`I9Y SCHOOL atRi,,,Rid,, Ur nrr�vr BorvzrM Pvr,crrnrrNr February 23, 2015 Ms. Christina Scipioni City Cleric, City of Eagan 3830 Pilot Knob Road Eagan, MN 55121 Dear Ms. Scipioni: Trinity School at River Ridge is applying for aTemporary On -Sale Liquor License for our Trinity School Christian Arts Festival, Thursday, April 16, 2015 and April 1. 8, 2015. This document serves to provide the City of Eagan the necessary information about our event so that the City Council will approve our license at the next City Council Meeting. Thank you for working with us to help us secure the license. 1. The Minnesota Department of Public Safety Application and Permit for Temporary On -sale Liquor License was completed and is included with this letter. An additional copy can be provided. 2. I will be faxing The Certificate of Liability Insurance from our insurance company. Our insurance meets or exceeds your requirements. An additional copy can be sent if needed. 3. The Trinity School Christian Arts Festival will be held at Trinity School at River Ridge, 601 River Ridge Parkway, Eagan, Minnesota, 55121. The event will be held indoors within the school premises, and entrance into the Winter Classic will be through our east door, the "Event Entrance." 4. a. We have hired two security personnel for the event who will enforce alcohol beverage sale and consumption laws, crowd control and public safety. b, The beverage servers will require that any person desiring to purchase or be served liquor must show a valid photograph identification which will be checked to insure the person is 21 or older. Then the age of the person is verified, he /she will be issued a wristband which he /she will wear throughout the reception portion of the Arts Fesitival. No alcohol will be served to a guest who does not have a wristband. 5. No one selling alcohol shall be intoxicated or consume alcoholic beverages during their work. shift. 6. Trinity school will post signs at the entrance notifying the public that sales to and consumption to alcoholic beverages by persons under the age of 21 or to persons intoxicated is prohibited. 7. The alcoholic beverages will be available for sale or consumption from 5 -11 p,m, on Thursday, April 16, 2015 and Saturday, April 18, 2015. 8. Trinity School will designate an on -site manager in compliance with the City of Eagan's requirement. Trinity School at River Ridge requests that the City Council of Eagan wave the $150 fee since, as a non - profit school organization. This is a fundraising event. If you have any additional questions, please contact me at the phone number below. Other Trinity School employees involved in the planning of the Trinity Christian Arts Festival, include Jean Curtiss and Steve Hendrickson, Sincerely, Jennifer Theis Administrative Assistant Trinity School Riven Ridge Parkway Eagan, MN 55121 jtheis@tTiniiyschools.org www,tsrr.org 651 "789 -2890, ext. 222 Fax: 651 -789 -2891 Cell: 651 -329 -3866 Agenda Information Memo April 7, 2015 Eagan City Council Meeting CONSENT AGENDA M. Contract 15 -01, 2015 Citywide Street Improvements Action To Be Considered: Receive the bids for Contract 15 -01 (2015 Citywide Street Improvements) and award a contract to Hardrives, Inc. for the base bid in the amount of $1,589,072.44, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15 -01 provides for the street improvements as outlined and discussed in the respective feasibility reports for each of the following projects: o Pines Edge 1St Addition — Project 1163 o Red Pine Lane — Project 1164 o Duckwood Drive — Project 1159 o Thomas Lake Road — Project 1167 o Wilderness Run Road — Project 1170 o Northwood Parkway and Promenade Avenue — Project 1175 as programmed for 2015 in the City's 5 -Year Capital Improvement Program (2015- 2019). ➢ On December 2, 2014, the City Council authorized the street improvements for Projects 1163 and 1164. On December 16, 2014, the City Council authorized the street improvements for Projects 1159, 1167 and 1170. On February 3, 2015, the City Council authorized the street improvements for Project 1175. These projects are being combined under one contract for economies of scale in the competitive bidding process. ➢ On February 17, 2015, the Council approved the plans and specifications for Contract 15 -01 and authorized the solicitation of competitive bids. ➢ On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by State Statute, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on March 23, 2015, technical performance proposals from each bidder were received for this project. At 10:30 a.m. on March 26, 2015, formal bids from each bidder were received for this project. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid and past performance of Hardrives, Inc. has been reviewed by the Public Works Department (Engineering) and found to provide the best value; the base bid is in order for favorable Council action. Attachments (1) CM -1 Bid Summary BID SUMMARY CITYWIDE STREET OVERLAYS CITY CONTRACT 15 -01 PINES EDGE 1ST ADDITION PROJECT NO 1163 Street Overlay RED PINE LANE (TH 3 TO WESTON HILLS DR) PROJECT NO 1164 Street & Trail Overlay DUCKWOOD DRIVE THOMAS LAKE ROAD (DENMARK AVE TO LEXINGTON AVE) (CLIFF RD TO DIFFLEY RD) PROJECT NO 1159 PROJECT NO. 1167 Street Overlay Overlay & Trail Construction WILDERNESS RUN ROAD -42% 1163 NORTHWOOD PKWY &PROMENADE AVE (PILOT KNOB RD TO CAPRICORN CT) -30% $131,345.00 PROJECT NO 1175 PROJECT NO 1170 $122,265.72 $206,500 Street &Trail Overlay Street & Trail Overlay -20% Bid Date/ Time: 10:30 a.m., Thursday, March 26, 2015 Contractors Total Base Bid 1. Hardrives, Inc. $1,589,072.45 2. McNamara Contracting, Inc. $ 11589,267.60 3, Bituminous Roadways, Inc. $1,836,458.15 Project Low Base Bid Feasibility Report (FR) Estimate % Over /Under FR Estimate Engineer's Estimate % Over /Under Eng Estimate 1159 $182,698.53 $348,600 -48% $246,043.25 -42% 1163 $113,405.03 $160,700 -30% $131,345.00 -14% 1164 $122,265.72 $206,500 -41% $153,042.00 -20% 1167 $421,776.85 $775,200 -45% $555,011.50 -24% 1170 $341,631.71 $577,700 -41% $424.776.50 -19% 1175 $407,294.59 $794,600 -49% $538,924.75 -24% Totals $11589,072943 $2,8631300 -44% $2,049114100 -22% Agenda Information Memo April 7, 2015 Eagan City Council Meeting CONSENT AGENDA N. Contract 15 -02, 2015 Citywide Street Improvements Action To Be Considered: Receive the bids for Contract 15 -02 (2015 Citywide Street Improvements) and award a contract to Hardrives, Inc. for the base bid, and alternate bid, in the total amount of $1,475,266.59, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15 -02 provides for the improvements as outlined and discussed in the respective feasibility reports or previous Council agenda memos for each of the following projects: o Braun Sunrise Addition — Project 1074 o Cedar Heights — Project 1123 o Duckwood Drive — Project 1159 o Blackhawk Hills 1st & 2nd — Project 1157 o Cedar Grove 8th — Project 1158 o Mallard Park 3rd & 4th — Project 1162 o Rooney Addition — Project 1165 o St. Charles Wood — Project 1166 o Waters Edge — Project 1168 o Wilderness Run 1st & 3rd Additions — Project 1169 o Community Center Parking Lot & Trail — Project 1176 (Alternate Bid) o River Hills Park Pedestrian Ramps o Shevlin Court CB Repairs as programmed for 2015 in the City's 5 -Year Capital Improvement Program (2015 - 2019). ➢ On December 2, 2014, the City Council authorized the street improvements for Projects 1123, 1157, 1166 and 1168. On January 6, 2015, the Council authorized the street improvements for Projects 1162, 1165 and 1169. On January 20, 2015, the Council authorized bidders the performance street improvements for Projects 1074 and 1158. On February 17, 2015, the Council authorized the community center parking lot and trail improvements for Project 1176. These projects are being combined under one contract for economies of scale in the competitive bidding process. ➢ On February 17, 2015, the Council approved the plans and specifications for Contract 15 -02 and authorized the solicitation of competitive bids. ➢ On March 18, 2008, the Council approved the use of best -value solicitation of bids, as allowed by State Statute, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on March 30, 2015, technical performance proposals from each bidder were received for this project. At 10:30 a.m. on April 2, 2015, formal bids from each bidder were received for this project. ➢ Alternate Bid #1 is an add alternate ($188,551.30) that would provide for the construction of the Community Center parking lot improvements Project 1176).. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid, alternate bid, and past performance of Hardrives, Inc. have been reviewed by the Public Works Department (Engineering) and found to provide the best value. The base and alternate bids are in order for favorable Council action. Attachments (1) CN -1 Bid Summary BID SUMMARY CITYWIDE STREET OVERLAYS CITY CONTRACT 15 -02 BRAUN SUNRISE ADDITION CEDAR HEIGHTS PROJECT NO 1074 PROJECT NO 1123 Street Overlay Street Overlay BLACKHAWK HILLS 1 T & 2 D CEDAR GROVE 8T" PROJECT NO 1157 PROJECT NO. 1158 Street Overlay Overlay & Trail Construction MALLARD PARK 3 & 4 ROONEY ADDITION PROJECT NO 1162 PROJECT NO 1165 Street Overlay Street & Trail Overlay ST. CHARLES WOOD WATERS EDGE PROJECT NO 1166 PROJECT NO 1168 Street Overlay Street Overlay WILDERNESS RUN 1 T & 3RD ADDITIONS COMMUNITY CENTER PARKING LOT PROJECT NO 1169 PROJECT NO. 1176 Street Overlay Parking Lot & Trail Construction RIVER HILLS PARK SHEVLIN COURT CB REPAIRS PEDESTRIAN RAMPS Street & Trail Overlay Pedestrian Ramp Installation CB Repairs Bid Date/ Time: 10:30 a.m., Thursday, April 2, 2015 Contractors 1. Hardrives, Inc. 2, McNamara Contracting, Inc. 3. Bituminous Roadways, Inc Total Base Bid $1,286,715.29 $1,366,924.25 $1,509,778.50 Alternate Bid $188,551.30 $213,726.25 $219.180.00 Project Low Base Bid Feasibility Report (FR) Estimate Over /Under FR Estimate Engineer's Estimate Over /Under Eng Estimate 1074 $ 19,325.55 $ 33,100 -42% $ 22,912,50 -16% 1123 $ 55,467.51 $ 96,600 _43% $ 65,037.75 -15% 1157 $216,852.55 $303,400 _29% $236,894.00 -8% 1158 $398,108.30 $585,300 -32% $443,032.50 -10% 1162 $241,421.92 $494,700 -51% $275,129.50 -12% 1165 $ 33,235.46 $ 68,700 -52% $ 37,923.00 -12% 1166 $ 40,351.35 $ 72,800 -46% $ 46,579.25 -13% 1168 $ 39,333,36 $ 67,100 -41% $ 44,643.75 -12% 1169 $231,335,03 $249,100 -7% $246,481.75 -6% River Hills Pedestrian Ramps $ 41592.21 NA NA $ 51181.25 -11% Shevlin Court Catch Basin Repairs $ 6,692.05 NA NA $ 61871.50 -3% Totals $11286171519 NA NA $11430168635 -10% 1176 (Alt Bid) $188,551.30 $141,000 +25% $246,651.25 -23% Agenda Information Memo April 7, 2015 Eagan City Council Meeting CONSENT AGENDA O. Contract 15 -03, Storm Sewer /Water Quality Improvements Pond Sediment Removal & Outlet Improvements Action To Be Considered: Receive the bids for Contract 15 -03 (Pond Sediment Removal and Outlet Improvements - Storm Sewer /Water Quality Improvements) and award a contract to Minnesota Dirt Works Inc., for the base bid in the amount of $88,190.35, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15 -03 provides for pond sediment removal and outlet improvements in some ponds for storm sewer and water quality purposes. Work will be done in the following areas: o Pond LP -27.3 o Pond LP -26.31 o Pond LP -27.4 as programmed for 2015 in the City's 5 -Year Capital Improvement Program (2015- 2019). ➢ On February 17, 2015, the Council approved the plans and specifications for Contract 15 -03 and authorized the solicitation of competitive bids. ➢ At 11 :00 a.m. on March 26, 2015, formal bids from five (5) bidders were received for this project. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from Minnesota Dirt Works, Inc., is in order for favorable Council action. Attachments (1) CO -1 Bid Summary BID SUMMARY STORMWATER & WATER QUALITY PONDS SEDIMENT REMOVAL & OUTLET IMPROVEMENTS CITY CONTRACT 15 -03 CITY PROJECT 1171 Bid Date/ Time: 11:00 a.m., Thursday, March 26, 2015 Contractors Total Base Bid 1. Minnesota Dirt Works $88,19035 2. Blackstone Contractors LLC $129,227.00 3. G.F. Jedlicki Inc. $139,330.37 4. Fitzgerald Excavating and Trucking Inc. $140,979.55 5. Sunram Construction Inc. $149,806.00 Agenda Information Memo April 7, 2015 Eagan City Council Meeting CONSENT AGENDA P. Contract 15 -09, 2015 Trail and Parking Lot Improvements Action To Be Considered: Approve the plans and specifications for Contract 15 -09 (2015 Trail and Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, May 14, 2015. Facts: ➢ Contract 15 -09 provides for construction and maintenance overlay of bituminous trails and parking lots in the following locations: o Bituminous County Trail Overlay — North side of Diffley Road from 1 -35E to Pilot Knob Road o Bituminous County Trail Overlay — Lexington Avenue from Keefe Street to 230' south of Lone Oak Road o Bituminous Overlay - Bridal Ridge Park o Bituminous Overlay - Wescott Station Park o Bituminous Driveway, Parking Lot, and Trail Construction - Moonshine Park o Bituminous Parking Lot Overlay — Civic Center Ice Arena o Bituminous Driveway Overlay — Woodlands Lift Station as programmed for 2015 in the City's 5 -Year Capital Improvement Program (2015 -2019) and authorized by the City Council on June 3, 2014. ➢ All of the construction activity for said improvements has been designed to occur within existing public right -of -way, public property or easements. ➢ The plans and specifications have been completed by Public Works (Engineering) staff, and are being presented to the City Council for their approval and authorization for the advertisement of bids. ➢ An advertisement will be published in the legal newspaper, as well as construction contracting publications, informing contractors of the bid. ➢ These projects are being combined under one contract for economies of scale in the competitive bidding process. The plans and specifications have been completed and are being presented to the City Council for their approval and authorization for the advertisement of bid. Attachments (0) Agenda Information Memo April 7, 2105, Eagan City Council Meeting CONSENT AGEN DA Q. Project 1174 — Yankee Doodle Road / Promenade Avenue / O'Leary Lane Intersection Improvements Action To Be Considered: Approve a Joint Powers Agreement with the Dakota County Transportation Department for Project 1174 (Yankee Doodle Road / Promenade Avenue / O'Leary Lane — Intersection Improvements), approve said plans and specifications, and authorize the advertisement for a bid opening by Dakota County and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On March 20, 2007, the City Council provided consensus on the various proposed preferred alternatives for each of the three segments included in the final draft of the Yankee Doodle Road (CSAH 28) Corridor and Access Management Study. Included in the preferred alternatives was the signalization of the Yankee Doodle Road /Promenade Avenue intersection and the median closing (right -in /right -out only) at the Yankee Doodle Road /O'Leary Lane intersection. On June 3, 2014, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure (2015- 2019). Included in the 5 -year CIP were the traffic signal and roadway improvements for the Yankee Doodle Road and Promenade Avenue as a joint project between the City and Dakota County. ➢ On February 3, 2015, the City Council authorized the preparation of detailed plans and specifications for a contract that may be let within two (2) years after said approval. ➢ The Joint Powers Agreement has been prepared by the County for formal approval by the City. As set forth in the agreement, the County and City will share all engineering costs, inspection costs, and costs of construction at a 55% County and 45% City cost distribution except as follows: o All construction elements to build an eastbound right -turn lane to the connecting roadway (south approach at Promenade Avenue) including relocation of trail to accommodate the new turn land will be 100% City cost; and installation of conduit and fiber to be specifically defined. ➢ City special assessments will be levied to adjacent benefiting properties as identified in the Project 1174 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 and City Attorney and is in order for favorable Council action. Attachments (0) Agenda Information Memo April 7, 2015 Eagan City Council Meeting CONSENT AGENDA R. Municipal State Aid Designation Action To Be Considered: Approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the designation of existing street segments on the City of Eagan's Municipal State Aid (MSA) roadway system. FACTS: ➢ The Municipal State Aid (MSA) designation of a street enables the maintenance and reconstruction of existing streets, as well as the construction of new streets, to be financed by the City's portion of the gas tax revenue distributed by the State. Only 20% of the city's local street mileage is eligible for this designation. Of the 47.99 miles allowed in Eagan, only 47.52 miles are currently designated. The difference of 0.47 miles is available for designating additional segments onto the system. ➢ The proposed MSA designation of the following City streets (0.43 total miles) are eligible and desirable to optimize the City's share of MSA funding: Deletions: o Promenade Ave (Town Center Dr to Yankee Doodle Rd) —0.19 miles Additions: o Eagan Outlets Parkway (Rahn Rd to Nicols o Holiday Lane (Lone Oak Rd to Courthouse o Courthouse Lane (Holiday Lane to Holiday o Holiday Lane (Courthouse Lane to TH 55) - ➢ After the deletion /addition of these segments t( amount of 0.04 miles under the City's allowable designation under MSA rules. Attachments (2) CR -1 MSA Street Designation Map - 2015 CR -2 Resolution Rd) — 0.44 miles Lane) - 0.07 miles Lane) — 0.04 miles - 0.07 miles the City's MSA system, a minor mileage would remain for future CITY OF EAGAN RESOLUTION ESTABLISHING AND REVOKING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the City Council of the City of Eagan that the following City street segments, hereinafter described, should be designated a Municipal State Aid Street under the provisions of Minnesota law; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan that the road described as follows, to wit: Name Eagan Outlets Parkway Holiday Lane Courthouse Lane Holiday Lane Termini Rahn Road to Nicols Road Lone Oak Road to Courthouse Lane Holiday Lane to Holiday Lane Courthouse Lane to TH 55 be, and hereby is, established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota; BE IT FURTHER RESOLVED, by the City Council of the City of Eagan that the road described as follows, to wit: Name Promenade Ave Termini Town Center Drive to Yankee Doodle Road be, and hereby is, revoked as a Municipal State Aid Street of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this Resolution to the Commissioner of Transportation for his consideration and that upon his approval of the designation of said streets or portion thereof, that the same be constructed, improved and maintained as a Municipal State Aid Street of the City of Eagan. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 7th day of April, 2015, as disclosed by the records of said City on file and of record in the office. Christina M City Clerk GAResolutions -Also in Laser6che (City Council Files) \Establishing MSAS \2015 - Various Segments.doe Scipioni Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA S. Project 1186, Well No. 22 (Central Park Commons) Well Development Action To Be Considered: Approve authorization for the preparation of detailed plans and specifications for Project 1186 (Well No. 22 Central Park Commons — Well Development). Facts: ➢ The City Water Supply and Distribution Plan (2008) identifies the need for construction of a new water supply well on the former Lockheed Martin property, located north of Yankee Doodle Road and west of Pilot Knob Road. ➢ 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. Well No. 22, a proposed new well within the CSM Central Park Commons development within the former Lockheed Martin property, is scheduled for 2015 as part of this CIP. ➢ All necessary easements for construction and perpetual maintenance of Well No. 22 and associated raw water lines will be dedicated with the Central Park Commons final subdivision. Attachments (0) Agenda Information Memo April 7, 2015 Eagan City Council Meeting CONSENT AGENDA U. 2015 General Fund Budget Adjustment Emerald Ash Borer Infestation Action To Be Considered: Approve an increase of $40,000 to the 2015 General Fund Budget to address additional expenses related to the Emerald Ash Borer (EAB) Infestation and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ An emerald ash borer (EAB) infestation was found by state workers during the final week of 2014 in Lebanon Hills Regional Park in Eagan — the first discovery of the tree - devouring pest in Dakota County. This discovery has led to a state and federal quarantine of Dakota County for EAB. ➢ While staff, primarily Forestry, had been aware of the likely future potential for the arrival of the EAB, without an infestation discovery or state directive, no budgeting was requested to implement the means in which a local agency would need to participate. ➢ Eagan's response to the EAB infestation is shared by the Parks and Recreation and Public Works Departments, with the City Forester being the lead expert. With the guidance of the City Forester, Public Works forces are proceeding with the removal of at least 100 trees from the public boulevard in 2015. ➢ While this effort is being proposed to be addressed primarily by existing City staff, vehicles and equipment, the City does not have the means or expertise to address all of the required tasks for the removal of the designated trees. ➢ Xcel Energy has been contacted to address the portions of these trees that are in close proximity to Xcel overhead power lines. Xcel Energy appears to be willing and able to complete this needed work at no cost to the City. ➢ Stump removal /grinding will need to be contracted out by the City. A larger chain saw will also need to be acquired in order to safely remove some of the larger designated trees. An estimate of the total cost of the contractual services and larger chain saw for the removal of the 100 trees is $40,000. ➢ The additional cost to address the EAB infestation would be the responsibility of the City's General Fund. Attachments (0) Agenda Information Memo April 7, 2015 Eagan City Council Meeting CONSENT AGENDA V. 2015 Water System Renewal & Replacement Budget Adjustment Well No. 3 Restoration Action To Be Considered. Approve an increase of $125,000 to the 2015 Water System Renewal and Replacement (Fund 1121) budget to address expenses related to the restoration of Well No. 3 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Well No. 3 has been out of service since the end of last summer. The diesel motor that had pumped the well cracked and needs to be replaced. In order to ensure adequate water supply and fire protection for the city, the well should be supplying water to the system again prior to July 1, 2015. The motor may be replaced with an equal motor for about $50,000. ➢ Well No. 3, and the associated well house, is one of the City's oldest wells. The interior of the well house needs to be refurbished. Energy efficiency and air quality standards are quite different than they were when the well was originally placed into operation. ➢ The proposed upgrade of the Central Maintenance Facility (CIVIF) affects any improvements at Well No. 3. The water line coming from the well goes underneath a portion of the future expanded CMF. The water line must be relocated to accommodate this building expansion. ➢ Variable speed electric motors are one of the most energy efficient ways to pump water today, with limited air quality issues. The realignment of the water would be an efficient time to install a new larger sized electrical line to feed a new variable speed electric motor for Well No. 3. ➢ On June 3, 2014, the City Council adopted the 5 -year Capital Improvement Plan for Public Works Infrastructure, Part III (2015 -2019) and authorized the initiation of the public improvement process for the 2015 programmed improvements. The current CIP has $50,000 included for the electrical improvements for the well house in 2015. ➢ In order to efficiently facilitate the future upgrade of the CMF, have Well No. 3 pumping by July 1, and provide a timely, cost effective refurbishing of the well house, it would be appropriate that an additional $125,000 be allocated for these improvements. The additional funding would be the responsibility of from the Water System R &R Fund (1121). Attachments (0) Agenda Information Memo April 7, 2015 Eagan City Council Meeting CONSENT AGENDA W. 2015 Eagan Community Center Fund Budget Adjustment Parking Lot & Trail Expansion Action To Be Considered: Approve an increase of $50,000 to the 2015 Eagan Community Center Fund budget to address additional expenses related to the construction of the proposed parking lot and trail expansion and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On February 17, 2015, the City Council approved the plans and specifications for Contract 15 -02, Citywide Street Improvements. The contract includes the expansion of the community center parking lot and extension of a trail from the community center entrance through a portion of the parking lot to accommodate pedestrian accessibility and increased parking demand at peak use of the festival grounds and center. ➢ A bid opening was approved for Thursday, April 2, 2015, with the expectation of a bid award at the April 7 Council meeting. ➢ A rough cost estimate was provided to the Council for the proposed work that was based upon typical parking lot and trail construction costs. In completing the field survey and final design for these improvements, it became apparent that additional construction costs should be expected to address additional grading that will be required due to the topography of the site. The bid results from April 2 have substantiated this expectation with a bid price $50,000 higher than estimated. ➢ The cost of the community center parking lot and trail improvements was programmed for the 2015 Eagan Community Center (ECC) Fund. The additional $50,000 will also be the responsibility of the ECC fund. Attachments (0) Agenda Information Memo April 7, 2015 Eagan City Council Meeting 0 7,1 X. Contract 13 -05, Cedar Grove Parking Garage Action To Be Considered: Approve the final payment for Contract 13 -05 (Cedar Grove Parking Garage) in the amount of $193,726.00, to PCL Construction Services, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ Contract 13 -05 provided for the construction of a public parking structure on the north side of Cedar Grove Parkway, adjacent to the Twin Cities Premium Outlets. The project includes a structure that provides 1,543 parking stalls and is designed with two levels, with the structural capacity to add a third level in the future. Access is from both Cedar Grove Parkway (upper level) and Eagan Outlets Parkway (lower level). ➢ On August 20, 2013, the City Council awarded the base bid for Contract 13 -05 for these improvements to PCL Construction Services, Inc., for the base bid of $17,736,000. ➢ The project has been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA Y. Authorize A Modification To The 2015 Renewal And Replacement Budget Action To Be Considered. Authorize a modification to the 2015 Renewal and Replacement budget by increasing it by $7,000 and changing the purchase of new chairs for the Police Emergency Operations Center to the purchase of new visitor chairs for the Council Chambers. Facts. ➢ A total of $23,000 is included in the Renewal and Replacement CIP for chair replacements in 2015 and 2016. There is $8,000 in the 2015 R &R budget for replacement of the Police EOC chairs. Council Chamber visitor chairs are scheduled for replacement in 2016 at a cost of $15,000. ➢ The proposed budget modification would allow for the purchase of new Council Chamber visitor chairs in 2015. A number of the Council Chamber chairs are showing wear and tear consistent with replacement sooner than 2016. There are at least 40 chairs from the Council Chambers that are in suitable condition for continued use in the Police EOC. ➢ The $15,000 for Council Chamber visitor chairs will be removed from the 2016 R &R CIP. ➢ The proposed modifications result in a savings of $8,000 in 2016. Attachments: (0) Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA: Z. Adopt A Resolution Accepting A Donation From The Eagan Lion's Club And Authorize A Corresponding Budget Adjustment. Action To Be Considered: Adopt a resolution accepting a $2,000 donation from the Eagan Lion's Club that will be used to reimburse the City for expenses related to the police department's 50th anniversary celebration. Facts: ➢ The Eagan Lion's Club is forwarding a $2000 donation to reimburse the City for expenses related to the police departments 50th Anniversary scheduled for May 14, 2015. ➢ The donation is expected to cover costs related to complimentary food for attendees that will be offered at the event. ➢ Approving the resolution will necessitate the need to make the following budget adjustment: Donations 1104.4663 $ 2,000 Police — Misc 1104.6475 21000 Attachments: (1) CZ -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN Eagan Lion's Club WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Eagan Lion's Club has presented the police department with a donation in the amount of $2000. The funds will be used to reimburse the City after the police department hosts its 50t" Anniversary Open House scheduled for May 14, 2015, WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the Eagan Lion's Club for the gracious and generous donation. ADOPTED this 7th day of April, 2015. CITY OF EAGAN CITY COUNCIL By: Attest: Motion by: Seconded by: Those in Favor: Those Against: Date: It's Mayor It's Clerk Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA AA. Approve Exempt Permit for the Red Pine Elementary Parent Teacher Organization to hold a raffle on May 7, 2015 at 530 Red Pine Lane Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Red Pine Elementary Parent Teacher Organization to conduct a raffle on May 7, 2015 at 530 Red Pine Lane. Facts. ➢ The Red Pine Elementary Parent Teacher Organization 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) CAA -1 Resolution RESOLUTION NO, CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT RED PINE ELEMENTARY PARENT TEACHER ORGANIZATION WHERAS, the Red Pine Elementary Parent Teacher Organization has applied for an Exempt Permit to conduct a raffle on May 7, 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 Red Pine Elementary Parent Teacher Organization to conduct a raffle on May 7, 2015 at 530 Red Pine Lane. Motion by: Seconded by: Those in favor: Those against: Date: April 7, 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 7th day of April, 2015. City Clerk Agenda Information Memo April 7, 2015, Eagan City Council Meeting CONSENT AGENDA BB. Approve Premise Permit for the Eagan High School Football Booster Club to conduct lawful gambling at Cooper's Restaurant and Bar, 4185 South Robert Trail Action To Be Considered. To adopt a resolution approving a Premise Permit for the Eagan High School Football Booster Club to conduct lawful gambling at Cooper's Restaurant and Bar, 4185 South Robert Trail Facts: ➢ Quinn Woods, Gambling Manager of the Eagan High School Football Booster Club, has applied for a premise permit to conduct a lawful gambling operation at Casper's Restaurant and Bar, 4185 South Robert Trail. ➢ The Police Department conducted a background investigation of the gambling manager and found no reason to deny the application. Attachments: (1) CBB -1 Resolution RESOLUTION NO. CITY OF EAGAN PREMISE PERMIT FOR THE EAGAN HIGH SCHOOL FOOTBALL BOOSTER CLUB TO CONDUCT LAWFUL GAMBLING AT COOPER'S RESTAURANT AND BAR WHERAS, the Eagan High School Football Booster Club has applied for a premise permit for a lawful gambling operation at Cooper's Restaurant and Bar, 4185 South Robert Trail; 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 Eagan High School Football Booster Club application for a premise permit at Cooper's Restaurant and Bar, 4185 South Robert Trail, Motion by: Seconded by: Those in favor: Those against: Date: April 7, 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 7th day of April, 2015, City Clerk Agenda Information Memo April 7, 2015 Eagan City Council Meeting PUBLIC HEARING A. Plat of Beau D Rue Drive Eastement Vacation Action To Be Considered. Close the public hearing to vacate public drainage and utility easements on Lot 1, Block 1, Lot 2, Block 1, and Outlot A within the Beau D Rue Drive Plat, and continue action to coincide with future City Council consideration of the Cedar Grove Townhomes 1St Addition final plat and subdivision. Facts: ➢ On February 2, 2015, City staff received a petition from Tracey Rust, representing Ryland Homes, requesting the vacation of existing drainage and utility easements on Lot 1, Block 1, Lot 2, Block 1, and Outlot A, within the Beau D Rue Drive Plat, located south of Cedar Grove Parkway and east of Nicols Road in northwest Eagan. ➢ The purpose of the request is to allow the final subdivision and recording of a final plat of the properties for the proposed Cedar Grove Townhomes 1St Addition as a residential townhome development. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The final plat would address all easements necessary for public utility, drainage or ponding purposes. The approval of the plat for the Cedar Grove Townhomes 1St Addition is tentatively scheduled for Council consideration at an upcoming Council meeting. ➢ All notices have been published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the public hearing. No objections have been received to date. This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action to coincide with consideration of the Cedar Grove Townhomes 1St Addition. Attachments (2) PHA -1 Location Map PHA -2 Legal Description Graphic N 5lpP� GOB O tea. P� Ia. GAO Ov> V 0 0 EASEMENT w VACATION —' LOCATION O U Z Description of easements to be vacated: Drainage and utility easements per document number 853372, recorded as Beau D Rue Drive Plat, City of Eagan, Dakota County, Minnesota L: \USERS \ENGINEER \Vacations \Beau D Rue Plat 19PProposed Drainage & Utility Easement Vacation City of Ea an Beau D Rue Drive Plat � vo •� r, ?� t, •�i°y�Y � t �,. C:, I A' ^ , / F 1� / ,wtiA^ r ern; to «1a6zu..an "ale. tlyy'���egg� 1•i� /4h�'?ol hs'J off. �a Nit trl 0 LECAL DISCRIPTION •f.:rcupfltilb3n /,e, ,YASr� >SP� ;vyliDY1FY °l.H:SVi'EAiYtt) &�nFSepdJP_ „yp.,'•. ni M445�AAe ('egj All t it Paroel 1: Lot I j Block 1, Beau .0 fine iOrlvo Plat, Dakota County, Minnesota. (Abstract Property) Paroel 2 y Lot 21 pl'opk Y , Beau O HUS Drive.Plat, Dakota County, Minnesota. (Abstraot Property.) Paroel 8: O.utlot Al Beau D..Flup.Drive Plat, Deikota'Gounty,. M)nrtesota, (Abstraot Property) EASEMENT t71'alnag.0 and utility :easoments:Per dacumeht. nurnbe:r 063072, regarded as Beau b Flue Drive, olty of t~agan, Dakota County, Minnesota. k6ofprooal easement per dooumerit numbol• 11.62136?, npslpn Pilo: 90-0128 @vp Nnm0: nmwn Dy: , 1A0 1 ?,0iMp @trga.nWG7' nM1: nplU: Sppfp: 0112011.6 I NIA ti �Y�o, 9tlstl 1a53p.p1 ;p2p i plot 10.1.,3 7a- olo-olo la) r 1, 1 ,.a A tl90. rt. �j g� Iti t ; g Q rN ..e 4A. R`Ir / F /RFi NOT TO SCALE AREA OF EASEMENT VACATION BEAU D RUE DRIVE PLAT BASEMENT VACATION CAGAN, MN Alilont Engineering, Inc, 46 23.3 Park Ave S, 'Ste :w Minn.eapolic, MN 55416 612,758..3t80. MAIN. E312.755.,30.99 FAhc4 www,alliant "Inc,com Agenda Information Memo April 7, 2015 Eagan City Council Meeting 171: d7 KA IN 101 0 Be Leibel Addition Easement Vacation Action To Be Considered: Close the public hearing to vacate public drainage and utility easements on Lot 1, Block 1, Leibel Addition, and continue action to coincide with future City Council consideration of the Cedar Grove Townhomes 2nd Addition final plat and subdivision. Facts: ➢ On February 6, 2015, City staff received a petition from Tracey Rust, representing Ryland Homes, requesting the vacation of existing drainage and utility easements on Lot 1, Block 1, Leibel Addition, south of Gold Trail and west of Cedar Grove Parkway in northwest Eagan. ➢ The purpose of the request is to allow the final subdivision and recording of a final plat of the properties for the proposed Cedar Grove Townhomes 2nd Addition as a townhome residential development. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The final plat would address all easements necessary for public utility, drainage or ponding purposes. The approval of the plat for the Cedar Grove Townhomes 1st Addition is tentatively scheduled for Council consideration at an upcoming Council meeting. ➢ All notices have been published in the legal newspaper and sent to all potentially affected and /or interested parties for comment prior to the public hearing. No objections have been received to date. ➢ This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action to coincide with consideration of the Cedar Grove Townhomes 2nd Addition. Attachments (2) PHB -1 Location Map PHB -2 Legal Description Graphic 0 a 0 w J 0 U Z L: \USERS \ENGINEER \Vacations \Beau D Rue Plat .� SQ X41 � oJ� G�OP� G� �y. ROPD EASEMENT VACATION LOCATION Description of easements to be vacated: Drainage and utility easements per document number 573374, recorded as Leibel Addition, City of Eagan, Dakota County, Minnesota Proposed Drainage & Utility Easement Vacation City of akan Lot 1, Block 1, Leibel Additi C on \ onnonn_IC"7lnni� Lot 1, Block 1, Lelbel Addition, Dakota County, Minnesota, \� except that part formerly contained within Outlot A, Cedar Drainage and utility easements per document number 1 � Grove No. 6, Dakota County, Minnesota, 573374, recorded as Leibel Addltlon, city of Eagan, NOT TO SCALE (Abstract) Dakota County, Minnesota. :►a That part of Lot One (1), Block One (1), Leibel Addition, Dakota County, Minnesota, formerly contained within Outlot A, Cedar Grove No, 6, Dakota County, Minnesota. (Torrens cart, 151097) D081911 Pilo: ChaakodBy., 214.0120 1 QJD Dwg Nam: Drawn 0y: 1401 DML Data: 180910: 01120116 . I NIA LEIBEL ADDITION EASEMENT VACATION EAGAN, MN AREA OF EASEMENT VACATION Alllant Engineering, Inc. L� 233 park Ave 5, Ste 300 MIn Minneapolis, MN 55415 612,758.3080 MAIN 612.758,3099 FAX www.alllant- Inc.com Agenda Information Memo April 7, 2015, Eagan City Council Meeting PUBLIC HEARINGS C. Consider Minnesota Investment Fund Application and Agreement for DataBank Holdings LP for the property located at 3255 Neil Armstrong Boulevard Action To Be Considered. To approve or deny a resolution authorizing and approving a Minnesota Department of Employment and Economic Development Minnesota Investment Fund application, grant agreement and forgivable loan for $135,000 for DataBank Holdings, LP. Facts: ➢ In 2014, DataBank LLC submitted a Business Financing Application to the City of Eagan for consideration of actions pertaining to a forgivable loan from the DEED Minnesota Investment Fund (MIF), a grant from the DEED Jobs Creation Fund and the formation of a twenty year Tax Abatement District for financing assistance from the City portion of new property taxes associated with the company's prospective improvements to property at 3255 Neil Armstrong Boulevard. ➢ On June 17, 2014, the City Council authorized staff to proceed with the submittal of applications related to those requests and negotiation of agreements related to implementation of those items. ➢ As an outcome of those discussions, the project qualifies for MIF funding of up to $135,000. ➢ In order to consider the MIF funding, it is necessary to hold a public hearing. All documents in this regard are in order and notice of the meeting has been published in the legal newspaper. Attachments: (2) PHC -1 Resolution regarding a Minnesota Investment Fund Grant and Forgivable Loan for DataBank Holdings LP PHC -2 Location Map RESOLUTION AUTHORIZING AND APPROVING MIF APPLICATION, GRANT AGREEMENT AND FORGIVEABLE LOAN IN CONNECTION WITH DATABANK HOLDINGS, LP BE IT RESOLVED that the City of Eagan act as the legal sponsor for projects) contained in the Business and Community Development Application to be submitted on or after June 18, 2014 and that Mike Maguire, Mayor, and Christina M. Selpioni, Cleric, are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Eagan. BE IT FURTHER RESOLVED that the City of Eagan, on behalf.' of DataBank, Holdings, LP, has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Eagan has not incurred any costs and has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that the City of Eagan has not violated any Federal, State, or local laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Eagan, may enter into an agreement with the State of Minnesota for the above - referenced projeci(s), and that the City of Eagan certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance Section (S -7) of the Business and Community Development Application, AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eagan has obtained credit reports and credit information from DataBank Holdings, LP. Upon review by the City of Eagan, and � (Applicant's Legal Counsel), no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action, NOW, THEREFORE BE IT RESOLVED that Mike Maguire, Mayor, and Christine M. Scipioni, Cleric, or their successors in office, are hereby authorized to execute such agreements, and amendments thereto, as are necessary to implement the project(s) on behalf of the applicant. ADOPTED by the City Council of the City of Eagan this day of 20156 By: Mike Maguire Its: Mayor 1 Ayes; Nayes: Attest: CERTIFICATION Christina M. Scipioni 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 day of 2015. Christina M. Scipioni, Clerlc 2 0) C J � J O C 'a Y LL > Q m M 3 = E O > z 6 O N O v m O N *' ❑ Q Q J C i ,.. t; 1 c Cl) AMA a fill r z a � {i i il:j e FF � 110 WO.JNOI 1 c Cl) AMA fill r z a � {i i il:j e � 1 c Cl) AMA fill r {i s e � 1 c Cl) AMA V o LL- o 0 (V CO O N O a c W L O Y m -a Q m a v J o° limp c a =4` 1 }P � j {F u a ( d �a3 i 3 - 0 S v taa el s d ft + 6 O 3 O W O > = 3AV30VN3W08d o F 900 831N30 vr. 3AVN8VWN30 f 71A. 1 i n rtrsi3- i. #tl ' ..1 rc x P; 3Al83ltlONVOV3 4 (, 3AVN8VWN30 ,a 3AVN8VWN fill r V o LL- o 0 (V CO O N O a c W L O Y m -a Q m a v J o° limp c a =4` 1 }P � j {F u a ( d �a3 i 3 - 0 S v taa el s d ft + 6 O 3 O W O > = 3AV30VN3W08d o F 900 831N30 vr. 3AVN8VWN30 f 71A. 1 i n rtrsi3- i. #tl ' ..1 rc x P; 3Al83ltlONVOV3 4 (, 3AVN8VWN30 ,a 3AVN8VWN fill V o LL- o 0 (V CO O N O a c W L O Y m -a Q m a v J o° limp c a =4` 1 }P � j {F u a ( d �a3 i 3 - 0 S v taa el s d ft + 6 O 3 O W O > = 3AV30VN3W08d o F 900 831N30 vr. 3AVN8VWN30 f 71A. 1 i n rtrsi3- i. #tl ' ..1 rc x P; 3Al83ltlONVOV3 4 (, 3AVN8VWN30 ,a 3AVN8VWN Agenda Information Memo April 7, 2015, Eagan City Council Meeting OLD BUSINESS A. Ordinance Amendment — An Ordinance Amendment to City Code Chapter 6.34 regarding the sale of tobacco and electronic delivery devices Action To Be Considered: Approve an ordinance amendment to City Code Chapter 6.34 regarding the sale of tobacco and electronic delivery devices. Facts. ➢ During the last legislative session, a law was enacted that requires retailers to sell the liquid used in electronic cigarettes in child -safe packaging. The requirement went into effect on January 1, 2015. ➢ At its March 3, 2015 meeting, the Council directed preparation of an ordinance amendment regarding the child -safe packaging requirements for electronic cigarette liquid. ➢ The City Attorney has recommended the City amend its tobacco and electronic delivery device ordinance to include the child -safe packaging requirement. ➢ With the proposed ordinance amendment, the City will be able to issue administrative fines to, and potentially revoke the license of, any licensee found to be out of compliance with the new packaging requirement. ➢ Applicants renewing an existing license or applying for a new one will be required to sign a statement certifying electronic cigarette liquid is sold in child - safe packaging. ATTACHMENTS: (1) OBA -1 Ordinance Amendment ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.34 REGARDING SALE OF TOBACCO AND ELECTRONIC DELIVERY DEVICES & PRODUCTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99, The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is amended by adding Section 6.34, subd. 18(F) to read as follows: Subd. 18. Unlawful sale, purchase or possession. Unless otherwise provided, the following acts shall be unlawful. M a- F. Child resistant packaging required. It is unlawful for licensee hereunder to sell or offer to sell anliquid, whether or not such liquid contains nicotine, which is intended for human consumption and use in an electronic delivery device, that is not contained in "child- resistant Packaging" as the term is defined and as is required in Minnesota Statutes, Section 461.20, Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: By: Mike Maguire Its: Mayor Agenda Information Memo April 7, 2015, Eagan City Council Meeting OLD BUSINESS Be Comprehensive Guide Plan Amendment — Nichols Park, LLC 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 RC (Retail Commercial) to HD (High Density) upon approximately 8 acres generally located at the SW corner of Nicols Road and Diffley Road. Required Vote For Approval: ➢ At least three votes. *New information is in bold print Facts. ➢ At their regular meeting of January 20, 2015, the City Council continued the item to the March 10, 2015 Council Work Session in order to gather more background information on marketing and previous development approaches. ➢ At the March 10, 2015 Council Work Session, the Council directed the amendment request to their April 7, 2015 regular meeting. ➢ Written comments received regarding the request are attached for Council review. ➢ The Applicant is requesting a change in the land use designation from RC (Retail Commercial) to HD (High Density) for approximately 8 acres. ➢ High Density allows residential development of 12+ units per acre. The applicant's Site Concept Plan shows a 142 -unit apartment building. ➢ The property is currently zoned PD (Planned Development). PD Zoning was adopted for the site in 2002 following a revision to Chapter 11 of the City Code. ➢ The property is unplatted and vacant. ➢ The site is located within the Airport Noise Policy Zone 4 one -mile Buffer. Multi- family uses are considered compatible within the one -mile Zone 4 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 December 18, 2014, and did recommend approval. Issues: None 60 -Day Agency Action Deadline: N/A Attachments: (6) OBB -1 Location Map OBB -2 Site Background OBB -3 Public Comments OBB -4 December 18, 2014 APC Minutes OBB -5 Planning Report OBB -6 Report Exhibits 4" _ a� E 'a ®ee9 v ap ® e® ® ®ev® ct Y o E° + E = O K tC L Q o = °�d-r V' O m g ° ,C O ° N N rL a r �J U' °@ c cC G1 d c o ' °m ' U Y m W O ai O C � ® 1 a m a y Rf N d I Z i-i d O J yU' a i®� U') 0 U O O LM d O m p cr (L I-- W V V M 0 C} � 1,,,1 h 11 F FH ® a4 y fry. 3 .E� ns Cdel e3 rs zr EA' r` W Ell" 1 3I S e .ii 3 ett r >` v° 3 r tz -J it 'Ir1 dl��fl f} ;M.i }�xY a5 x a'x .r� if {! ° avD a it It m i eo 1 M v a) .Q m f r k m© e $,� r3 5• i3 n w B mmmM va S to 5A, �. %i ryn� 5R .n&$ ry E W a � F � v � 4s :a � .�a o� [i3 •' N K OVOtl NHViI cc � 5 S i W 41 �s i 4 rr R ,V + �.a Y u i a _? v V 9 y ? f' r� a a• t } ?.} q a� 6f ©.•p.am CFill II.. • � 3` 9 8 C7 'fir i 4 � {_ p � Q Q'. p § ni D a OIN n, z W N �31 31 eiY Ir; m a � \ I � C t S > r 5rb" t t' r t=� NftOAD �a,y P C} � 1,,,1 h 11 F FH ® a4 y fry. 3 .E� ns Cdel e3 rs zr EA' r` W Ell" 1 3I S e .ii 3 ett r >` v° 3 r tz -J it 'Ir1 dl��fl f} ;M.i }�xY a5 x a'x .r� if {! ° avD a it It m i eo 1 M v a) .Q m f r k m© e $,� r3 5• i3 n w B mmmM va S to 5A, �. %i ryn� 5R .n&$ ry E W a � F � v � 4s :a � .�a o� [i3 •' N K OVOtl NHViI cc � 5 S i W 41 �s i 4 rr R ,V + �.a Y u i a _? v V 9 y ? f' r� a a• t } ?.} q a� 6f ©.•p.am CFill II.. • � 3` 9 8 C7 'fir i 4 � {_ p � Q Q'. p § ni D a OIN n, z W N �31 31 eiY Ir; m a The Remada Company 5900 Green Oak Drive Suite 100 Minnetonka, MN 55343 952 - 908 -0811 To: City of Eagan From: Steven B. Liefschultz Regarding Nichols Park, LLC proposed "Cates of Eagan" Date: February 17, 2015 History of 8.04 gross acres Nichols Park, LLC signed for in 1995 and closed on in 1996 (20 years): Brokers used 1996 -2001: a. Reliance Real Estate Services (Charles Heinrich'). b. Realty Development (Lee Stedman). c. Kami, Inc. (Gonzalo Medina). d. Ray Connelley Realty e. Lucius Fowler:(Americ Inn;), Outcome: One offer (James Flannery) from an owner of several hotels but city would.not agree on amount of parcel could be used asthey required at least approximately 1.85 acres be used for storm water storage and an-additional donation of:approximately Y acred pond by the seller. Hence the two motels plus restaurant offer died. See attachment. IL 2002 -2007: City eliminated "road side business" as a category and substituted "NB" My attorneys worked out a five year extension where we could apply for a PUD- within "Roadside" parameters or "NB ". Outcome: Only offer was a 2004 offer from Ryland Homes for owned Row Houses. The city denied their application, IIL 2007- 2011: Brokerage community produced n.o offers within zoning. My partner died in 2008. In 2009, using KKE architects and MFRA Engineering, I submitted a conceptual site plan for 110 apartment units and 10,000 square feet of retail, hoping "mixed use" would help with the city (see attached site plan), City staff reviewed the concept plan in a favorable way, but we could find no retail developer due to nature of location of the site and the recession. IV. 2012-2013: Listed property with Cushman /Wakefield Northmarq site was shown to dozens of potential buyers ranging from KWIK Trip to institutional multi. family developers. No offers. Reasons ranged from lack of access to Diffley (for retail, convenience store and other commercial) to too small a site (not 200 plus units) for multi - family. The Remada. Company 5900 Green Oak Drive Suite 100 Minnetonka, MN 55343 952 -908 -0811 V. 2014. Retained Lowell Lankford as a hotel broker /consultant to find one or more hotel buyers. He is the same consultant Eagan used when analyzing Cedar Grove feasibility for a hotel. He could find no users since extended stay /low service was the highest and best use, and the hotel going in next to the Paragon Mall exhausted the demand. VI. Mid'2014: had extensive feasibility studies done by Maxfield: Research to determine the success of a 140 -150 unit complex with attached heated parking. All buildings to have the same exterior of "Kasota stone and like color hardy board with all buildings having same roof design and chimneys. Interior also to have class A finishes (see pictures). A similar apartment building has not been built in Eagan in roughly twenty years. I took the Eagan city,planner to tour a similar; project of mine finished in 2010 in Woodbury. Rents would range from $1,139 fora one bedroom to approximately $1,450 fora two bedroom and approximately $1,650 for a three bedroom. All these rents are approximately $200 per month less than Cedar Flats rents and are meant to provide an upscale rental housing option to recent college graduates /young professionals and the "retail sector" positions arising from Twin Cities Premium Outlets Mall in Cedar Grove. ,(see colored site plan). The City has again asked if we could contribute land (for increased storm management) and we have agreed In principal and submitted a proposed site and grading plan, Thank you for your consideration. Attachments: To Whom it May Concern, I am writing to voice my concern about file number 30- CG- 04- 11 -14, development applicant applicant The Gates of Eagan Apartments /Steve Liefschultz /Nichols Park, LLC. As a property owner in the area, I believe this development would be a huge mistake. There are other high density residential developments in the vicinity already. I believe we need to limit the zoning for this type of housing. Thank you for your efforts. Colleen Reber 651- 247 -9244 Hello, I live in Carrolwood on Meghan lane for the past 6 years. I recently heard about this possible development near me. Just like many other homeowners in my association we do not want it. We do not want it to be rezoned. Here's just a few of my concerns I wanted to pass along. I believe with this development there will be more traffic. Nicols is only one lane in each direction. With more housing I believe we would have to expand the road. And now with the outlet mall near by I have seen more traffic then it used to be. I am worried my home value will go down. With more renters near by they usually tend to not care about what their own property looks like. That in my mind could cause values to go down. I am also concerned that my property taxes will go up as well. More noise and more crime. My association rarely has any crime and I am concerned with more renters near by that crime may increase. That area isn't that big and I think a larger apartment complex would be too close to the highway 77. That creating even more noise. If you have any follow up questions feel free to reach out. What is the status on this rezoning at this point? John Timothy Moerke 4269 Meghan Lane Eagan, MN 55122 Re: Proposed Rezoning at Nichols Road and Diffley Road Dear Eagan City Council, I am writing in regards to the proposed rezoning of the land at the southwest corner of the Nichols Road and Diffley Road intersection from retail Commercial to high density residential. I have lived on the opposite side of Nichols from the property for ten years, and while I do not oppose rezoning it for residential development, I believe that a high density development (i.e. an apartment complex) is not a good fit for the property due to the traffic and infrastructure impact it would have on the immediate area. As such, I ask that the City Council not vote to rezone the property to that classification. Since the property can only be accessed from Nichols Road, building an apartment complex with up to 148 units, as has been proposed, would significantly increase traffic levels on Nichols and would very likely cause backups and delays due to adding many vehicles into a relatively small area. To compare, medium- density Carrolwood (where I live) has only 88 units, and this would be a 68% increase in units over that if the full 148 are built. Furthermore, the lack of a sidewalk or path on the west side of Nichols means that there is no direct pedestrian access to the property, requiring pedestrians to either walls on the west side of the street or cross over to the path on the east side of Nichols. As such, without adequate infrastructure in place to support a large residential development, rezoning this land to high density residential seems like it could lead to problems. I understand the owner's wish to develop the property, and as I mentioned earlier, I do not oppose development that takes the area's geography and infrastructure into account. Low- or medium- density housing, or keeping it zoned Retail Commercial, would be a better fit for the physical limitations of the area. If the land is going to be developed, I ask that the Council move in that direction instead of the proposed plan. Sincerely, Timothy Moerke City of Eagan TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: APRIL 6, 2015 M2�o SUBJECT: ADDITIONAL INFORMATION / APRIL 7, 2015 CITY COUNCIL MEETING OLD BUSINESS B. GATES OF EAGAN COMPREHENSIVE GUIDE PLAN AMENDMENT Attached is a public comment letter regarding the proposed amendment received after packet preparation. /s/ David M. Osberg City Administrator April 1, 2015 Community Development Department City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Reference; File 30- CG- 04 -11 44 RECEIVED APR U62015 I am a 15 year resident of Eagan, living at 4265 Meghan Lane in the Carrolwood Townhouse Development. I strongly object to rezoning the land across Nichols Road near my townhome to High Density Residential —with "affordable" rental rates for those in retail and other lower wage industries. Many of the apartments in the area near Carrolwood are already low income, do we really need more? And with the outlet mall just a mile away and all the apartments built and being built near the mall, traffic has increased greatly since the mall has opened. From what I have read about the owner of the land, Steve Liefschults, he has had many problems with his other apartments and he has not been good about resolving these issues. Eagan does not need a landlord who takes little interest in his buildings and their upkeep. Mr, Liefschults also has a reputation of being difficult to work with - which has been reported in the Star Tribune and many other publications. The size of the apartment complex will also be a problem when it comes to parking as the space is limited — and many /most families have two cars. If the Council approves this land for Retail /Commercial, we will still see additional traffic but less than if "high density" residential is allowed. When you vote on this issue, please consider if you would want this across the street from your home. Thank you. Nancy Dostal April 7, 2015 To: Eagan City Council MI As an owner of the BP gas station on the corner of Nicols Road and Diffley Road, we are very much in favor of the Gates of Eagan apartment complex. We have been owners of the station for over 8 years. The property on which the proposed apartment complex will be built has been a hang out for kids in the summer. It would be nice to have a development on the site after all these years. It has been suggested that the space would be better used for retail business. It seems there are many empty retail spaces in Eagan as it is. With the new outlet mall, current strip malls and the new development on Pilot Knob and Yankee Doodle I don't feel Eagan is short of retail space. Sincerely, Roy E. Johnson Advisory Planning Commission December 18, 2014 Page 12 of 16 C. The Gates of Eagan Apartments Applicant Name: Steve Liefschultz, Nichols Park, LLC Location: South of Diffley Rd off of Nicols Rd Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment from R /C, Retail Commercial to HD High Density Residential. File Number: 30- CG- 04 -11 -14 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated December 11, 77 and pedestrian access to the neighborhood parks 2014, revised December 16, 2014. Steve Liefschultz, owner, provided some personal and property background and stated he was available for questions. Chair Filipi opened the public hearing. Earl Johnson, 4215 Nicols Road, asked what development would occur behind his building. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. The conceptual Site Plan was displayed and staff clarified that the Site Plan was not being acted upon but that level of detail would be provided with a future application that would also be noticed and require a new Public Hearing. Member Sagstetter stated he had questions about the HD use given the site's proximity to Highway 77 and pedestrian access to the neighborhood parks in the vicinity. Mr. Liefschultz stated he has developed apartment projects with similar locations and that he had not prepared a response regarding pedestrian access to the neighborhood parks but that his development would include a full indoor fitness center as well as the outdoor tot lot and wading pool. Vice Chair Vanderpoel stated she believed the Guide Plan Amendment was warranted. Vice Chair Vanderpoel moved, Secretary Piper seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from Retail Commercial, to High Density, upon approximately 8 acres, generally located south of Diffley Road west of Nicols Road. All voted in favor. Motion carried 5 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: December 11, 2014 CASE: 30- CG- 04 -11 -14 (revised December 16, 2014) APPLICANT: Nichols Park, LLC HEARING DATE: December 18, 2014 PROPERTY OWNER: Same REQUEST: Comprehensive Guide Plan Amendment APPLICATION DATE. Nov. 12, 2014 PREPARED BY: Sarah Thomas LOCATION: SW corner of Nicols Rd and Diffley Rd COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting a Comprehensive Guide Plan Amendment to change the land use designation from Retail Commercial, to High Density, upon approximately 8 acres located at the SW corner of Nicols Road and Diffley Road, 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 PD (Planned Development), is unplatted and vacant. The PD was approved in 2002 following a revision to Chapter 11 of the City Code when the former zoning district, RB (Roadside Business) was eliminated. The property owner, at that time, expressed a Planning Report — Gates of Eagan Apartments CGA December 18, 2014 Page 2 strong desire to retain the allowable uses within the RB Zoning district. The property owner and City staff determined the best way to achieve that goal was to rezone the property to PD which incorporated the former RB provisions into a Planned Development Agreement. EXISTING CONDITIONS The site is accessed from the east via Nicols Road. The subject site is vacant and unplatted. 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 148 -unit apartment building as well as a tot lot and swimming pool. The concept plan includes covered parking in addition to surface parking. The Concept Plan shows access from Nicols Rd. The applicant's narrative states the intent is to "maximize the use of the parcel while still maintaining important physical features of the site, namely, the existing wetland which sits on the eastern edge of the parcel and that changing the site to High Density Residential... would create a buffer between the medium density and low density neighborhoods to the east and Highway 77 to the west." ENVIRONMENTAL IMPACTS Topography /Grading; — The eastern half of the site, with the exception of the wetland, is heavily wooded. The reminder of the site is generally open. The entire site will be disturbed for construction of the apartment building and parking. The high point is located at the southwest corner of the site, and the property slopes to the wetland in the eastern central portion of the site. Existing Use Zoning Land Use Designation North Commercial NB, Neighborhood Business RC, Retail Commercial South Peace Church PF, Public Facility QP, Quasi Public East Townhomes R -3, Residential Townhouse MD, Medium Density West I Hwy 77 /Cedar Ave N/A N/A EVALUATION OF REQUEST PROPOSAL The applicant has submitted a conceptual development plan for the site which calls for the construction of a 148 -unit apartment building as well as a tot lot and swimming pool. The concept plan includes covered parking in addition to surface parking. The Concept Plan shows access from Nicols Rd. The applicant's narrative states the intent is to "maximize the use of the parcel while still maintaining important physical features of the site, namely, the existing wetland which sits on the eastern edge of the parcel and that changing the site to High Density Residential... would create a buffer between the medium density and low density neighborhoods to the east and Highway 77 to the west." ENVIRONMENTAL IMPACTS Topography /Grading; — The eastern half of the site, with the exception of the wetland, is heavily wooded. The reminder of the site is generally open. The entire site will be disturbed for construction of the apartment building and parking. The high point is located at the southwest corner of the site, and the property slopes to the wetland in the eastern central portion of the site. Planning Report —Gates of Eagan Apartments CGA December 18, 2014 Page 3 An earthen berm is located along the entire west property line. Everything west slopes to the Cedar Avenue off -ramp for Diffley Road. Elevations range from approximately 869 to 895. Storm Drainage — The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007). The entire site currently drains to the wetland (AP -8) located in the central eastern portion of the site. The site plan shows an additional storm water feature to be constructed south of the wetland. There is an existing 48" storm sewer along Nicols Road that reduces to a 33" pipe in front of this property. Use of the wetland for temporary storm water storage is identified in the city's Stormwater Management Plan to assist with issues associated with the undersized pipe along Nicols Road. The amount of storage required will determine the amount of area to be required for ponding. The stormwater ultimately flows north to the Minnesota River through the City's trunk storm sewer system. The development of this property will be subject to the codified post- construction storm water requirements for storm water volume and pollutant control, and to MN Department of Transportation storm water permit requirements for any discharge to TH 77 right -of -way. Trees /Vegetation — The City's Tree Preservation Ordinance sets the allowable removal for this type of development at 30 %. 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 is at least one wetland on site. In accordance with City Code §11.67, a Certified Wetland Delineator will need to prepare a delineation and assessment (via MNRAM) report for the wetland. Any development will need to be in accordance with the State Wetlands Conservation Act, will be subject to the codified post- construction storm water requirements for storm water volume and pollutant control. INFRASTRUCTURE IMPACTS Streets /Access /Transportation — Access to the site will be provided from Nicols Road. Nicols Road is a 44 foot wide collector roadway. The site plan shows two access locations, however, one may need to be eliminated depending on the size of the ponding area required at the wetland. There is a public trail along the cast side of Nicols Road. Pedestrians should cross Nicols Road at the traffic signal at the Nicols Road intersection with Diffley Road; however, there is no trail system on the west side of the road that connects to the intersection. Since the site is adjacent to an existing State right -of -way, MnDot will require a review of the future Plat. The Concept Plan shows a sidewalk around the perimeter of the outer edge of the majority of the parking lot. Easements /Permits /Right -of -Way — A roadway easement over this property currently exists for Nicols Road. Development of this property will require the easement to be dedicated as public road right -of -way. The west boulevard of Nicols Road is currently approximately 10' to 12' wide. Planning Report — Gates of Eagan Apartments CGA December 18, 2014 Page 4 Additional right -of -way will likely be required to provide a 17' to 20' boulevard if a trail is to be constructed in the future, depending on the location. 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. As stated in the applicant's narrative, the proposed four -story building will provide a noise buffer to the townhomes and single family homes east of Nicols. Airport Compatibility — The site is located within Airport Noise Policy Zone 4 one -mile Buffer. Sec. 11.64, Aircraft Noise Zone Overlay District, applies to new construction within this area. Within the Buffer Zone, multi- family residential uses with shared entrance are considered compatible. Sanitary Sewer — Lateral sanitary sewer of sufficient size, depth, and capacity is available at the northern end of the parcel for connection with development of the property. Sanitary sewer District CG (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Water Main /Supply The proposed HD land use — Trunk water main of sufficient size and capacity is available along the west with appropriate buffering. High density residential is also generally compatible side of Nicols Road 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 — HD, High Density, is a general land use category which provides areas for attached housing units, including townhomes, condominiums and apartments. The Comprehensive Guide Plan specifies which zoning districts are considered consistent and compatible with each land use designation. Agricultural, Townhomes (R -3) and Multiple Family (R -4) are compatible zoning districts. The concept plan identifies a multiple family development. Densi — The Comprehensive Plan states that allowable gross densities within HD include those greater than 12 units per acre, including common areas. As previously mentioned, the applicant proposes up to 148 units, which would result in a density of 19.32 units per acre. Compatibility — The proposed HD land use designation is generally compatible with lower density residential uses, with appropriate buffering. High density residential is also generally compatible Planning Report — Gates of Eagan Apartments CGA December 18, 2014 Paize 5 with more intense commercial, given appropriate scale, buffering and design treatments. In some situations, high density residential uses may serve as a buffer between lower density residential and higher intensity commercial areas. Access Needs — Access needs vary with the size of the development. Developments with a large number of units should have direct access to arterial and collector roadways. In addition, close proximity to transit service is desirable. As previously mentioned, the site would gain access from Nicols Rd, a Major Collector, which connects to Diffley Road (north), a Minor Arterial and Cliff Road (south), a Principal Arterial (in this location). The site is approximately 0.5 miles from the Cedar Grove Transit Station wish is located to the north, across Diffley Road. Physical Suitability — The Comprehensive Plan states high density developments may be particularly suited to properties with severe development limitations (e.g. steep slopes, trees, wetlands) because attached dwellings are well suited to clustering techniques. In addition, use of underground parking can minimize the size of the structure footprint and impervious surface area. As shown on the Concept Plan, a wetland is located along the central eastern portion of the site. Land Supply — Overall, 419 acres (1.9 %) in the City have the High Density Residential land use designation, and 539 acres (2.5 %) have the Retail Commercial designation. Thus, the proposed High Density designation would increase availability of land for density housing while slightly reducing the land available for Retail Commercial use. Comprehensive Guide Plan Goals and Policies — Housing is the most significant form of development in Eagan. More than one -third of Eagan's 2030 Land Use Map is devoted to residential land uses. The Comprehensive Plan establishes several goals and policies intended to guide housing development. The following are considered relevant to this application: ➢ Promote and maintain a well - balanced community with a diverse mix of housing types and values in the community to accommodate the housing needs of persons of all incomes and all stages of life. ➢ Ensure redevelopment occurs in an orderly manner and is compatible with existing surrounding uses. ➢ Encourage quality residential development through its requirements for landscaping; development of compatible architecture; preservation or provision of lakes, parks and vegetation; and other amenities. ➢ Support higher density residential development in areas adequately served by municipal services; in close proximity to parks, schools, shopping and transit; and where existing environmental conditions can be protected. Life cycle housing is one aspect of a balanced housing supply. One of the objectives of life cycle housing is to provide housing options for all points in a person's life. One of the housing types typical to life cycle housing includes rental housing for young adults without the interest or financial capacity for ownership. The concept plan depicts the project as this type of use. Planning Report — Gates of Eagan Apartments CGA December 18, 2014 Page 6 PARKS AND RECREATION SYSTEM The subject parcel is located on the fringe of Park Service Area 18. Due to the predominance of commercial and retail service development in this location, this portion of the Service Area does not contain a developed park feature though it does reside within the service area of Cedar Pond Park. Cedar Pond Park is located on Diffley Road, approximately 2 blocks northeast of the site Additional open space is available for public use at Cedar School also located approximately 2 blocks northeast of the site and at the Rahn Park Athletic Complex located on Nicols Road approximately 2 blocks south of the site. The immediate area of the site is void of sidewalks and trails as it was planned for commercial and retail service development. There are trail segments within 2 blocks of the site that connect with the City wide trail system. A controlled pedestrian crossing of Nicols and Diffley Roads is located approximately 1 block to the north of the site. SUMMARY OF FINDINGS General Considerations • The applicant is requesting a change in land use designation from RC, Retail Commercial to HD, High Density, for approximately 8 acres of property currently zoned Planned Development and located south of Diffley Road on Nicols Road. • The property has long been guided for retail commercial uses but remains vacant and unplatted. • The property is surrounded by a variety of uses including commercial, residential and quasi - public. • Zoning and associated bulls standards will be addressed with a future rezoning application. Environmental Impacts • There is at least one wetland on the eastern central portion of the property. • Elevations range from approximately 869 to 895 with the high point being located at the southwest corner of the site as the property slopes toward the wetland. • The eastern half of the site, with the exception of the wetland, is heavily wooded. Development of the site is subject to the City's Tree Preservation Ordinance (Sec. 11.70, Subd. 12.1). Planning Report — Gates of Eagan Apartments CGA December 18, 2014 Paee 7 Infrastructure Impacts • Street access is available to the site via Nicols which connects to Diffley Road, an arterial roadway and Cliff Road, a principal arterial in this location. • 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 consistent with Airport Noise Policy Zone 4 one -mile Buffer, with the contemplated shared entry multi- family residential use subject to sound attenuation construction standards. A noise abatement plan will be required with platting of the property. Comprehensive Land Use Impacts • HD, High Density, is a general land use category which provides areas for attached housing units, including townhomes, condominiums and apartments. • The submitted concept plan and narrative propose a high density attached residential use with a tot lot and swimming pool. The proposed use would expand the options for young adults without the interest or financial capacity for ownership. • The proposal appears generally compatible to the surrounding developed properties with appropriate access and takes the physical limitations of the site into accountability. Parks and Recreation System • Due to the predominance of industrial /commercial development in this location a developed park feature is not nearby. • The nearest developed neighborhood park, Cedar Pond Park, is approximately two blocks NE of the site. Additional open space is also available at the Rahn Park Athletic Complex located two blocks to the south. The immediate area is void of sidewalk and trail connections and crossings. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from Retail Commercial to High Density upon approximately 8 acres located at the SW corner of Nicols Road and Diffley Road. t s 41 Jill Jk i3 Jill IJ t m All x 110i t d'j+.t€p�i ��$' � j � N N zyy .•.N to /,� Ol �' i`[' as r N N � N O Jill t ...� d. t N- ii t irp V ; i ` Ji �4 S� �'f•E t nfi^ _t t i s 3 N `Vii Vv it ^ r` VIP yb ^ w' es _ N i2` tN tL�; �x f .� t Fv J / r • lY lw yy��pp��a �51n' N, iia hADIi} it N lis I� tl Air", Pit, it i 1 ii L f t.. '.;t .. .t 11 ,I i t Y 5 1 2 - P � ., { f�..,�, +• +�✓- -� { wet "° St� ?'e.'';" " "'t^' S JIM std r `�. f 5 {� -} '�r Fy{t is r ji 9 Iz t § z z 2 r'1 ,(` -rid M1XY l2k, AXAOk� Z ,'t ri iF� ik MM 411111. Wi . z IIIIP . 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The proposed Gates of Eagan Development will have 148 residential units, attached and heated parking and open parking, an outdoor pool and a "Tot Lot" for residents. As a Planned Development, the Gates of Egan Development was designed to maximize the use of the parcel while still maintaining important physical features of the site, namely, the existing wetland which sits on the eastern edge of the parcel. The development of the Gates of Eagan requires an amendment to the City's Comprehensive Guide Plan as well as rezoning for the site to allow residential uses. The existing Comprehensive Guide j Plan designates the site as Retail - Commercial. We believe that amending the designation to High Density Residential would still be fitting within the overall goals of the Comprehensive Guide Plan, i as well as be compatible with existing and future surrounding land uses. According to the Comprehensive Guide Plan, "high density residential uses may serve as a buffer between lower density residential and higher intensity commercial and industrial uses." In this case, changing the site to High Density Residential Riture land use would create a buffer between the medium density and low density neighborhoods to the east and Highway 77 to the west. The proposed development also fits well with other surrounding land uses. The wetland on the east side of the site creates a sizable buffer between the apartments and the Single Family Residential and Townhouse Residential neighborhoods to the east. To the south is a church, zoned as a Public Facility. Similarly, to the west, across Highway 77, is the Junior High School. Adjacent to the property on the north side is a neighborhood commercial center, with a gas station. A designation of High Density Residential also complies with the Comprehensive Guide Plan's goal increasing transit opportunities for residents. Both Diffley Road and Nicols Road are served by various MVTA bus Routes, and the Cedar Grove Transit Station is less than a mile away, connecting residents to the Metro Transit Red Line. Page 2 of 2 The proposed development site is currently zoned Planned Development (Commercial), The parcel would need to be rezoned to Planned Development (Residential). We believe that the rezoning will be appropriate for the growth of the City, as the site has not been able to be developed for the last two decades with current zoning. The owner purchased the parcel in 1995. At that time, it was zoned "Roadside" for a truck stop and motel. Then it was rezoned to Commercial. Over 14 years the owner attempted to develop and /or sell the site for Office, Retail, Hotel, Motel, and Single Family uses. Most recently, the owner had plans to use six acres for Multi- Family and two acres for a limited service hotel, However, the hotel was lost due to the one being built at the new outlet mall. It is hoped that the proposed use would help spur development of the land to the north of the site. Rezoning the parcel to Planned Development (Residential) and designating the site for High Density Residential through the Comprehensive Guide Plan amendment will allow for the development of the site without conflicting with nearby land uses. It would also allow for flexibility of site design to maintain the existing wetlands as well as optimize parking on site, We will apply for rezoning with the City along with this Comprehensive Guide Plan amendment, Agenda Information Memo April 7, 2015, Eagan City Council Meeting NEW BUSINESS A. Planned Development Amendment — Toppers Pizza (Brad Vinton) Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow delivery services until 3:00 a.m. within 200 feet of residential property in a multi- tenant building located at 4250 Lexington Avenue, subject to the conditions listed in the APC minutes. Required Vote For Approval. ➢ PD Amendment —At least three votes Facts: ➢ Toppers is requesting approval of a PD Amendment to allow extended service hours until 3:00 a.m. in a neighborhood retail center within 200 feet of residential property. ➢ The subject site is an existing multi- tenant commercial building located at 4250 Lexington Avenue. ➢ The residential property is located east of the building at a distance of approximately 100 feet. ➢ Toppers is a delivery and take -out restaurant and does not provide seating for dine -in eating. The proposed hours are consistent with other Toppers locations. ➢ The Zoning Ordinance allows the business to operate until 1:00 a.m. The proposed amendment would allow operations until 3:00 a.m. ➢ Delivery vehicles would use the front entrance on the west side of the building. ➢ The applicant presented the proposed floor plan of the tenant space at the APC meeting to illustrate that the front (west) door is best suited for delivery driver use. ➢ A public hearing was held at the March 23, 2015 Advisory Planning Commission meeting, and the APC did recommend approval. Issues: ➢ Two items of public correspondence were received expressing concern for the extended hours of operation and are included in the attachments. 60 -Day Agency Action Deadline: ➢ April 18, 2015 Attachments: (4) NBA -1 Location Map NBA -2 Draft March 23, 2015 APC Minutes NBA -3 Planning Report NBA -4 Report Exhibits, Public Correspondence and Floor Plan r- T,J �N N 'a = Lo o i E r N ■� Q'a O }+ 0 d O (� F- E Q w v 0) E ❑ to 0 0 d N J Zoo V d Z d � � a�U 9 �o L�o _o N a °o c M o V/ C O o 7 lo L" , v A' I '"dam i Y d IF t: L E 1Q N 1 t; to '�. `' - � ''7 i i. 5 ` •" fj {� t. _ E3 �, r. t,o � i R I �tl .t ,5 7 Ct qi i I F+ ua 1 Y— N ti ' L4 a L t o L1 . t i b Fs' 1 t R a ".E r, €3 Yid m AI x 4 f.` r:t f Id G-j y. - WILDFLOWER LANE Q j`` `q Er �- {. �`= 'AAA It 1 AAA fl] = �'. & t S f, 13 ti ti --7 - -1 E•.v i P If i It 1 t'7znvaw t1 y y.` i 9 " r rwa tiliI i At I i I:s i ,j d ! { {:' All „ All o it r Y Y. It A �J r L Ij 0 d. I m ' C I NZ VIM - 4% 5a i ta `•' { t: ti r3 ,i G7 A. y .. ^e ! t by 4 Fl p C Jx �'. ': .. 288 .,,s tc d W AM t {A '`- All ri tj7 Lk E= i j P H O a. z �o L�o _o N a °o c M o V/ C O o 7 lo L" , v A' I '"dam i Y d IF t: L E 1Q N 1 t; to '�. `' - � ''7 i i. 5 ` •" fj {� t. _ E3 �, r. t,o � i R I �tl .t ,5 7 Ct qi i I F+ ua 1 Y— N ti ' L4 a L t o L1 . t i b Fs' 1 t R a ".E r, €3 Yid m AI x 4 f.` r:t f Id G-j y. - WILDFLOWER LANE Q j`` `q Er �- {. �`= 'AAA It 1 AAA fl] = �'. & t S f, 13 ti ti --7 - -1 E•.v i P If i It 1 t'7znvaw t1 y y.` i 9 " r rwa tiliI i At I i I:s i ,j d ! { {:' All „ All o it r Y Y. It A �J r L Ij 0 d. I m ' C I NZ VIM - 4% 5a i ta `•' { t: ti r3 ,i G7 A. y .. ^e ! t by 4 Fl p C Jx �'. ': .. 288 .,,s tc d W AM t {A '`- All ri tj7 Lk E= i j P H �i Advisory Planning Commission March 24, 2015 Page 3 of 7 B. Toppers Pizza Applicant Name: Brad Vinton, J Term LLC Location: 4250 Lexington Ave; Lot 1, Block 1, Eagan Center 1 st Addition Application: Planned Development Amendment Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 17, 2015. Brad Vinton, applicant, explained the business, their target market and discussed two other stores he owns with his partner that are also in close proximity to residential property. Vice Chair Vanderpoel asked why this location was chosen. Mr. Vinton explained it was a good location in that it places them in the 5 -8 minute driving time for deliveries and that the previous tenant in the space was also a pizza delivery business (Pizza & Pasta) that had been successful there for two decades. Ms. Vanderpoel asked how much customer pick -up would be expected to occur between 1:00 - 3:00 AM? Mr. Vinton stated approximately 2 %. Chair Filipi asked for clarification regarding how many trips would Toppers expect between 1:00 . 3:00 AM and Mr. Vinton stated it would depend on the day of the week but approximately 15, on average. Dan Ogiba, Mr. Vinton's business partner provided aerial photography showing the Toppers locations in Falcon Heights and Grand Avenue in St. Paul and the proximity to single family residential at those two locations. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the subject the discussion Planner back to the Commission. stated Member Sagstetter asked staff about the hours of operation for the fitness club located on the north end of the subject site. Planner Dudziak stated the club was open until 11:00 PM. Secretary Piper moved, Vice Chair Vanderpoel seconded a motion to recommend approval of a Planned Development Amendment to allow pizza delivery services until 3:00 a.m. within 200' of residential property, in a multi- tenant building, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. All delivery drivers shall use the exit on the west side of the retail space. All voted in favor. Motion carried 5 -0. PLANNING REPORT CITY OF EAGAN REPORT DATE: March 17, 2015 APPLICANT: J Term, LLC PROPERTY OWNER: Lexington Center LLC REQUEST: Planned Development Amendment LOCATION: 4250 Lexington Ave. CASE: 26- PA- 03 -02 -15 HEARING DATE: March 24, 2015 APPLICATION DATE: Feb. 17, 2015 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to allow delivery services until 3:00 a.m. within 200' of residential property, in a multi- tenant building located at 4250 Lexington Avenue, legally described as Lot 1, Block 1 Eagan Center 1St Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter 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 The property is a component of the 1,100 acre Lexington South Planned Development and was developed in 1986. The massive Lexington South Planned Development was approved in 1976 and spanned from Wescott Road to the north to Cliff Road to the south, generally along either side of Lexington Ave. Uses provided for included single family, twin home, apartments, commercial retail, places of worship and parkland (Northview Park). Planning Report — Toppers Pizza March 24, 2015 Page 2 The Comprehensive Guide Plan designates the property for Retail Commercial use and the building contains retail commercial and service uses. EXISTING CONDITIONS The 2.4 acre parcel contains a single 18,430 SF multi - tenant strip retail building and associated parking of 133 stalls. The current tenant mix includes a fitness center, fast casual restaurant, nail salon, professional office and a full- service restaurant. The south and east side of the property abuts a public street (Patrick Road), which provides access to this site and the commercial zoned properties to the south and northeast. The proposed use is intended to occupy a recently vacated tenant space that had been occupied by a delivery and takeout restaurant for many years. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — Toppers Pizza is a pizza delivery and carry out restaurant. The Applicant's narrative indicates that all the Toppers restaurants are open and providing deliveries until 3:00 a.m. and the same hours are proposed at this Eagan site. The narrative further states delivery customers at that hour are night shift workers and hotels. The applicant states all delivery drivers, typically two drivers at night, will operate out the front door on the west side of the building, not on the east side adjacent to the residential neighbors. With about 80% of their business corning from deliveries, about 20 % is take -out. Thus, a few chairs and a counter are provided inside the restaurant for take -out customers who wait for their order. According to the applicant, the majority of take -out orders happen at dinner time when people are on their way home; however, the applicant intends for the lobby to be open until 3:00 a.m. Compatibility with Surrounding Area — The existing development is adjacent to Lexington Avenue, a County road and designated major thoroughfare, and is part of a larger commercial retail area. To the north and northeast is a Walgreen's and the Diffley Marketplace development including a Cub Foods grocery store and other commercial retail uses. To the south, the property is vacant, and designated of Office /Service land uses. To the west across Lexington Avenue is Existing Use Zoning Land Use Designation North Retail (Walgreen's) PD - Planned Development RC - Retail Commercial East Single- family residential PD - Planned Development LD - Low Density South Vacant PD - Planned Development O/S - Office /Service West Park (Lexington Diffley Athletic Complex) P - Park P - Parks, Open Space and Recreation EVALUATION OF REQUEST Description of Proposal — Toppers Pizza is a pizza delivery and carry out restaurant. The Applicant's narrative indicates that all the Toppers restaurants are open and providing deliveries until 3:00 a.m. and the same hours are proposed at this Eagan site. The narrative further states delivery customers at that hour are night shift workers and hotels. The applicant states all delivery drivers, typically two drivers at night, will operate out the front door on the west side of the building, not on the east side adjacent to the residential neighbors. With about 80% of their business corning from deliveries, about 20 % is take -out. Thus, a few chairs and a counter are provided inside the restaurant for take -out customers who wait for their order. According to the applicant, the majority of take -out orders happen at dinner time when people are on their way home; however, the applicant intends for the lobby to be open until 3:00 a.m. Compatibility with Surrounding Area — The existing development is adjacent to Lexington Avenue, a County road and designated major thoroughfare, and is part of a larger commercial retail area. To the north and northeast is a Walgreen's and the Diffley Marketplace development including a Cub Foods grocery store and other commercial retail uses. To the south, the property is vacant, and designated of Office /Service land uses. To the west across Lexington Avenue is Planning Report — Toppers Pizza March 24, 2015 Page 3 the Lexington - Diffley Athletic Facility. To the east, across Patrick Road which provides access to Diffley Marketplace, are single - family residential homes. Code Requirements — City Code (Sec. 11.70, Subd. 14) states "Hours of operation of any retail business, any restaurant or any motor fuel station shall be confined to the period between 7:00 a.m. and 1:00 a.m. except for those meeting the special use setback, as defined in this chapter, from any residential use and fronting on a major thoroughfare or commercial service road, unless otherwise specifically approved by the council." Special use setback is defined as "200 linear feet from any point of the exterior wall of the building or the exterior wall of the delineated space within the building in which the use is located exclusively, to the nearest point on the property line of the lot on which the protected use is located." Evaluation — The limitation on hours of operation is intended to protect uses that may be sensitive to traffic, noise or other impacts of certain commercial businesses. In this case, the protected use is residential. The City Code requires a 200' separation from protected uses; the proposed Toppers restaurant is located approximately 100 feet from the residential property to the east. The Zoning Ordinance allows the business to operate until 1:00 a.m. The proposed amendment would allow operations until 3:00 a.m. consistent with other Toppers locations. The restaurant use is contained within the building, and the delivery vehicle activity will be on the west side of the building, whereas the residential uses are located east of the building. SUMMARY /CONCLUSION Toppers is requesting approval of a PD Amendment to allow extended service hours until 3:00 a.m. in a neighborhood retail center within 200' of residential property. The residential property is located east of the building at a distance of approximately 100'. The proposed Toppers tenant space was previously occupied by another restaurant that provided delivery services. Toppers is a delivery and take -out restaurant and does not provide seating for dine -in eating. The proposed hours are consistent with other Toppers locations. Delivery vehicles would use the front entrance on the west side of the building. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow delivery services until 3:00 a.m. within 200' of residential property in a multi- tenant building located at 4250 Lexington Avenue. If approved the following conditions shall apply: Planning Report — Toppers Pizza March 24, 2015 Paee 4 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. All delivery drivers shall use the exit on the west side of the retail space. a .0 * OV J 7 h"?irt 3 m > `w L IL O z m C t v R N {1 'b a cLO b ei m7 O. �o Oci —d, I of C p d O I- E Q � c a E O � M a c4 z ;_; 0 �U) YS Z Y i W a�U t 4 i' H ,t r= s C t v R L {1 'b c b ei O. a Oci —d, I of c o O N � m.. � c O X � N �p ?I fO d YS s C t v R L L) 'b c b O. a Oci —d, I �o LL O " < � 1z � � L) c b a Oci —d, of c o O N � m.. � c O X � N �p fq fO d YS Y i W v a a w a >_ M M O 4% !,y o p O IL >� 4 ®- r LO 1 5i i J R.4 IN- i F4 �o LL O " < � 1z �CD I � o a o c o O N � c � c O � N �p N fO YS i W v a I% w a >_ M M O 4% !,y o p O IL >� ®- r LO �CD I i o� 4i i i �a o Lu I !Y1 I 1 k= F 1 4''t y al R � Q O. eyy ii CL G L c p �:Y °O Q n Q_? f 1 �r Rid E �t :t m q "I 4,p H >b O N � ( YS i W M (a m M M O a all �-- IL O_ IN- 3 EJ 3 t• ra. _ I J} Fl i o� 4i i i �a o Lu I !Y1 I 1 k= F 1 4''t y al R � Q O. eyy ii CL G L c p �:Y °O Q n Q_? f 1 �r Rid E �t :t m q "I 4,p H 1��2« -- � -All v : \ - \ \ yr- - \� � - . � y : -- � -All v : \ - \ \ yr- - \� � - . � y : mail CSI 0 'D J I t — .__..N ____,,......_.._.� ._ _. _....w.. ;� —.�,: � Wit.- .- ..•- •.-- 7, -c.. `�._.._... _.— ....,� 544 r DPPERSS PIZZA Ile ATRICK ROAD s { miop . f 1 00w �' rn f Ua an 1 ro j " .� kn IQ 0 tp �7 1 or 1� I ' I f •p aCC EIVED FEB 1 8 2015 h[ y. To Whom it M ay Concern: DEUVE ING TH GO Dan Ogiba and myself (Brad Vinton) are leasing the space at 4250 Lexington Ave #108. We currently own 3 Toppers Pizza locations with Eagan being our 0. Toppers is delivery and carry out pizza place. We have an eclectic brand and many of our customers are Toppers fanatics. Our current locations are Grand Ave in St. Paul, Falcon Heights and Burnsville. The Eagan location should have a staff of about 20 people year round. All our Toppers locations our open to 3:00 am, 7 days a week. We are looking for a variance to be able to run our operations until Sam. Who are we delivering to at that time at night? It is all the people who work nights. Similar to the UPS sorting facility located in Eagan. 1 have spoken to a couple of their employees who order food for their staff and the people working overnight get cold food, Walmart typically orders from all of our locations late at night for their staff. Also all the people in the service Industry typically order after their shifts. There will be 12 hotels within our delivery zone in Eagan and many times we are the only people who deliver late to the patrons who just got into their room after a long day of traveling. With the amount of people working the 3 shift In Eagan. I feel like Toppers will be a benefit for them. Our neighbors at our other locations are glad we our open late. They are happy that there is somebody that is up and can report any suspicious activities. All of our locations are located by residential areas and we have not received one complaint about noise in 3 years. We will run all of our drivers out the front'door so any noise will be at the front of the building and not the rear. Generally we will run 2 drivers at night. So the amount of traffic is low. The location we are leasing is the old Pizza and Pasta space that has been there for over 2 decades. We are excited to take the space. We will be investing Into the space with a large renovation to bring it up to code. We are excited to be a part of the Eagan community. M .• Brad Vinton, Area Supervisor /Owner 1474 Investments Ilc I d /b /a Toppers Pizza 1154 Grand Ave I St, Paul, MN 55105 P: 651-755 -3085 IF, 651 - 224 -0393 bvinton(7a,1474investments.com I Delivering the GoodslrM J To Whom it M ay Concern: DEUVE ING TH GO Dan Ogiba and myself (Brad Vinton) are leasing the space at 4250 Lexington Ave #108. We currently own 3 Toppers Pizza locations with Eagan being our 0. Toppers is delivery and carry out pizza place. We have an eclectic brand and many of our customers are Toppers fanatics. Our current locations are Grand Ave in St. Paul, Falcon Heights and Burnsville. The Eagan location should have a staff of about 20 people year round. All our Toppers locations our open to 3:00 am, 7 days a week. We are looking for a variance to be able to run our operations until Sam. Who are we delivering to at that time at night? It is all the people who work nights. Similar to the UPS sorting facility located in Eagan. 1 have spoken to a couple of their employees who order food for their staff and the people working overnight get cold food, Walmart typically orders from all of our locations late at night for their staff. Also all the people in the service Industry typically order after their shifts. There will be 12 hotels within our delivery zone in Eagan and many times we are the only people who deliver late to the patrons who just got into their room after a long day of traveling. With the amount of people working the 3 shift In Eagan. I feel like Toppers will be a benefit for them. Our neighbors at our other locations are glad we our open late. They are happy that there is somebody that is up and can report any suspicious activities. All of our locations are located by residential areas and we have not received one complaint about noise in 3 years. We will run all of our drivers out the front'door so any noise will be at the front of the building and not the rear. Generally we will run 2 drivers at night. So the amount of traffic is low. The location we are leasing is the old Pizza and Pasta space that has been there for over 2 decades. We are excited to take the space. We will be investing Into the space with a large renovation to bring it up to code. We are excited to be a part of the Eagan community. M .• Brad Vinton, Area Supervisor /Owner 1474 Investments Ilc I d /b /a Toppers Pizza 1154 Grand Ave I St, Paul, MN 55105 P: 651-755 -3085 IF, 651 - 224 -0393 bvinton(7a,1474investments.com I Delivering the GoodslrM J Pam Dudziak From: Bradley Vinton <bvinton @1474investments.com> Sent: Tuesclay, March 03, 2015 9;50 AM To: Pam Dudziak Subject: Re: Toppers Pizza Eagan Afitachments0 Falcon Doorjpg; Falcon Outsidejpg; Falcon Counterjpg Hey Pam, I have included pictures of our Falcon Heights store. It is the same square footage as the space at 4250 Lexington Ave in Eagan at 1200 Sq feet. We do not currently have the floor plan for Eagan but should have it in the next few days. I will forward it when we receive it. If you want something faster I can send you Falcon Heights floor plan which will be very similar. As you can see in the pictures below there will be aprox. 4 chairs for people to sit and wait to pick up their food. We are not a dine in concept. We do on average about 80 % delivery 20% carryout. This is consistent with Dominos, Papa Joluis and Pizza IIut. With the majority of carryout happening at dinner time when people are on their way home. At our other 3 locations we do have our lobby open until 3am. At this location we will run our drivers out the front door of the building. I have attached a picture of the back of our building at Falcon Heights and you can see how close our neighbors are to us and we have not had one complaint about noise. Again a small amount activity is viewed as a positive to keep people from doing anything they shouldn't. I hope this answers all of your questions. Please let me know if you have any more. I will also be sending one more picture couldn't get them all on one email. Talk to you soon. Brad On Fri, Feb 27, 2015 at 1 :03 PM, Pam Dudziak <ududziak e cityofea an.com> wrote: Mr. Vinton, Please watch for the attached letter which is going out in today's mail. In reviewing your application for Planned Development Amendment for extended hours of operation, we would like some additional information in regard to the floor plan layout, and any seating inside. We are trying to understand better any dine -in opportunity versus take -out and delivery. Also, if there is seating for dine -in patrons, do you intend for that or take -out to remain available to patrons during the extended hours, or are the extended hours delivery only? Your request is scheduled for public hearing at the March 24, 2015 Advisory Planning Commission meeting, and tentatively scheduled for the April 7, 2015 City Council meeting. Please plan to attend both of these meetings; 11 Thank you and let me know if you have any questions. Pans Dudziak Pamela Dudziak I Planner I City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 651221651-675-56911651-675-5694 (Fax) I pdudziak ,cityofea aq n,com lir (� City (� THIS COMMUNICATION MAY CONTAIN CONFIDENTIAL AND /OR OTHERWISE PROPRIETARY MATERIAL and is thus for use only by the intended recipient. If you received this in error, please contact the sender and delete the e-mail and Its attachments from all computers. Brad Vinton, Area Supervisor /Owner 1474 Investments Ile I d /b /a Toppers Pizza 1154 Grand Ave I St. Paul, MN 55105 P: 651 - 755 -3085 IF: 651 - 224 -0393 bvintonOa 1474investments.com I Delivering the GoodslTM r. 4 Order Online: www.toppers.com E V, IN cv w "A r.� f I i 4A q &V G I Y o fr; 9 f;f� lit, , i 1 � y Y . t o �t '' l arif t; sz,.M"N'k�- s .r � t w9 f4rw� i. 1 i '.NO t� a?=c f Pam Dudzialc From; clannernest @comcast,net Sent: Wednesday, March 18, 2015 10,27 AM To: Pam Dudzialc Cc: cepd @comcast.net Subject: Toppers Pizza I am writing to express my opposition to the proposed variance to allow for 3 am delivery for Toppers Pizza at Lexington Center. I feel the current delivery cutoff at 1 am is sufficient and a variance is not warranted. The business is adjacent to residential properties including mine and it is disruptive to the neighborhood to have the car traffic as well as light and sound pollution well into the early morning hours. When I originally moved into my residential property over 20 years ago Lexington Center included a dry cleaner, coffee shop and video store. I was told the businesses in the center were intended and would be zoned to focus on serving the needs of the local community and neighboring developments, don't see how pizza delivery into the early morning hours serves the local area. In fact, I was told the delivery extension is being requested to offer delivery to businesses with multiple shift employees. If this is truly the case I think this business would be better suited for the industrial area of Eagan it seems to want to serve. I respectfully ask that you do not approve the delivery extension as it also sets the stage for other businesses to ask for extensions in their operating hours which I feel would be detrimental to the surrounding neighborhoods. Thank you for your consideration. Claudia Danner 1 Pam Dudzialc From: ROMAN MELAMED <romanmelamed@rnsn,com> Sent: Sunday, March 22, 2015 5 :29 PM To: APC Cc: Pam Dudzialc Subject: Toppers Pizza planned development amendment Dear members of the Advisory Planning Commission, I would like to express my concern regarding the amendment to allow pizza delivery services until 3 am. As you are aware, the proposed location of this business is within a very short distance from our house and will invariably add to the noise and traffic already created by Fiesta Cancun restaurant. We are very concerned that these issues will now be aggravated by the sounds of arriving and departing delivery vehicles, car radios, etc. for most of the night. This situation will deem impossible to keep our windows open in the evenings and nights during warm weather months, reduce our outdoor time, and will negatively affect quality of life in this great neighborhood. On behalf of my whole family, I am respectfully asking the Commission to reject the proposal. Please do not hesitate to call me if you have any questions, Thank you. Roman Melamed 612 -961 -5874 cell 1 PD @. oll 3' -2" W.H. W.H. R SOFTENER MOP O SINK m . i n N U 4 lK ua U 4 z z Q WALK -IN COOLER w DUNNAGE e ro m - i r-- w -1 i ii 4 441 -- N I- LIA > LU -A O O 33 -8" -IN COAT F �7r71e�o, m 1 `1 x N S INK. INNER E.P ^IN E.P m JA I= 'WORK 4 TABLE z Q - Q NZ%N .OMP. SINK WALK -IN COOLER w DUNNAGE e ro m - i r-- w -1 i ii 4 441 -- N I- LIA > LU -A O O 33 -8" -IN COAT F �7r71e�o, m 1 `1 x N INNER WALK -IN COOLER w DUNNAGE e ro m - i r-- w -1 i ii 4 441 -- N I- LIA > LU -A O O 33 -8" -IN COAT F �7r71e�o, m 1 `1 x N DOUGH COUNTER SAFE ` CUT TABLE FDD Lockers are by franchiseE loca I i 0 fi Driver boxes are 5 x 5 x 2" hi stacked side by side (axe erre @ �9 OFFICE 40 X RED BRICK WALL W1 GRAY CROWN LOGO i HIGH= COUNTER W1 SEAT TER ME O 3' -0 S'-oil Note: by moving the menu bd drop wall forward 12" a 36" dunnage or trash receptacle can be located next to hand sink. Omit the N41 top table. SERVICE This does not meet/ADA[code. FLOORING ---------- L Verify ADA path to public rest oo TOPPERS EAGAN LAYOUT 08 1/4" = 1' -0" 3 -20 -15 JA I= DOUGH COUNTER SAFE ` CUT TABLE FDD Lockers are by franchiseE loca I i 0 fi Driver boxes are 5 x 5 x 2" hi stacked side by side (axe erre @ �9 OFFICE 40 X RED BRICK WALL W1 GRAY CROWN LOGO i HIGH= COUNTER W1 SEAT TER ME O 3' -0 S'-oil Note: by moving the menu bd drop wall forward 12" a 36" dunnage or trash receptacle can be located next to hand sink. Omit the N41 top table. SERVICE This does not meet/ADA[code. FLOORING ---------- L Verify ADA path to public rest oo TOPPERS EAGAN LAYOUT 08 1/4" = 1' -0" 3 -20 -15 Agenda Information Memo April 7, 2015, Eagan City Council Meeting NEW BUSINESS B. Planned Development Amendment (1579 Cliff Road) — Holiday Stationstores Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow outdoor storage of a freezer, exterior merchandise and maintenance equipment within a screen wall, for property located at 1579 Cliff Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ PD Amendment —At least three votes Facts: ➢ The site was initially developed in 1989 and contains a motor fuel station, convenience store and car wash. ➢ The proposed outdoor storage area will be fully enclosed and screened from off - site views by an 11' brick wall to match the building. Access to the storage space will be via a service door on the south side. ➢ The proposal satisfies the outdoor storage performance standards in the City Code, with the exception of the side yard setback, which is consistent with the established building line. The proposal also results in a net loss of 370 SF of green space, which was an item for discussion by the Advisory Planning Commission. ➢ A public hearing was held at the March 23, 2015 Advisory Planning Commission meeting and the APC did recommend approval. Issues: ➢ The APC's discussion in regard to the net loss of green space is reflected in the APC meeting minutes. 60 -Day Agency Action Deadline: ➢ April 18, 2015 Attachments: (4) NBB -1 Location Map NBB -2 Draft March 24, 2015 APC Minutes NBB -3 Planning Report NBB -4 Report Exhibits 'a U 5 cLO TOM 0 E E N ■� 'a a C Eo V on ow ® E 0 �aN J Zia V 0 Z Q : O W M (L WU �o �Z f N m a o C) o 0 �e® CD -e o `n o, kl: '� [. )' �•i 49 G } �i � t i y• � G. .. {•. `i Fh. t lip, ° n t iy C a Cie 3 ti •5 WWI Ex Ol o, kl: '� [. )' �•i 49 G } �i � t i y• � G. .. {•. `i Fh. t i , .lmw lip, ° n t iy C a Cie 3 ti •5 WWI Ex Ol it k �J4 � L 44 ~� +3i Y i , .lmw 6 A6 IV lip, ° n t iy C a ti 6 A6 IV t.pl i1i 1 SAP i ON 4) Al 113 F i � Y H 5 I 2x1. aYj =o A , I... aa� J� I lip, ° 4) Al 113 F i � Y H 5 I 2x1. aYj =o A , I... aa� J� I Advisory Planning Commission March 24, 2015 Page 6 of 7 D. Holiday Stationstores 2015 Applicant Name: Holiday Stationstores, Inc. Location: 1579 Cliff Road Application: Planned Development Amendment File Number: 28- pa- 04 -02 -15 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated March 18, 2015. John Baregi, Holiday Stationstores, stated he was available to answer questions. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Sagstetter moved, Secretary Piper seconded a motion to recommend approval of a Planned Development Amendment to allow outdoor storage of a freezer, exterior merchandise and maintenance equipment within a screen wall, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The screen wall shall be constructed of brick, utilizing materials to match the existing building, no loss or an increase in green space and and the fully screen the green materials and equipment inside. as 3. The service door shall be painted to match the color of the building. 4. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. Following the motion and second, Secretary Piper asked the applicant if green space could be added elsewhere on the site to offset the loss proposed. Mr. Baregi stated Holiday would not be in favor of losing any parking to do so. Vice Chair Vanderpoel stated she would prefer to see no loss or an increase in green space and that the the value of green space is environmental as well as aesthetic. Mr. Baregi provided background on Holiday's recent acquisition of the store, and the improvements and investment in the property that Holiday has made to date. Member Sagstetter stated he did not believe the green space lost was in a useable or highly visible location, and the area affected is small. Member Prashad stated he was familiar with the numerous upgrades recently made at the site. All voted in favor. Motion carried 4 -1. ( Vanderpoel) PLANNING REPORT CITY OF EAGAN REPORT DATE: March 18, 2015 (revised March 26, 2015) APPLICANT: Holiday Stationstores, Inc. PROPERTY OWNER: Holiday Stationstores, Inc. REQUEST: Planned Development Amendment LOCATION: 1579 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 28- PA- 04 -02 -15 HEARING DATE: March 24, 2015 APPLICATION DATE: Feb. 17, 2015 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Planned Development Amendment to allow outdoor storage of a freezer, exterior merchandise and maintenance equipment within a screen wall, for property located at 1579 Cliff Road, legally described as Lot 5, Block 1, Thomas Lake Center, AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter maybe amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two- thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND /HISTORY The original Planned Development proposal for the 600 acre Blackhawk Park Planned Development was submitted to the City in 1972 as ` Eagan500." The Blackhawk Park Planned Development Agreement was executed in June 1977 for a 15 -year term. Thomas Lake Center was platted and the strip center on Lot 1 constructed in 1987. The motor fuel station on the subject site was constructed in 1989. Other free - standing businesses were constructed in the mid- 1990s. The Thomas Lake Executive offices and Prime Security Bank followed between 2002 and 2007. Planning Report — Holiday March 24, 2015 Paae 2 EXISTING CONDITIONS Site grading, the installation of water and sewer service stubs, and the existing parking lot and building were constructed with the original development of this property. The site is generally flat and slopes from south to north, with elevations ranging from 946 to 940. The site is developed with a motor fuel station, convenience retail store, and car wash. There is no direct access to Cliff Road. Access to the site is from Thomas Center Drive to the west and via a shared private drive to the north. The fuel pump canopy is located on the west side of the property, with the store and car wash on the east side. Parking is provided along the north edge of the site and south of the building. The car wash approach is from the south, exiting to the north. There is an existing setback of 3 feet from the east side property line. Existing building coverage is 7,993 sf, resulting in a building coverage ratio of 19 %. Current green space is 24 %. The site was developed before the adoption of minimum green space standards, thus existing green space does not meet current code standards of 30 %. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — Holiday is proposing a 10' x 37' outdoor storage area east of the existing building for a walls -in freezer, maintenance and transportation equipment and overstock exterior merchandise. Examples of equipment and materials to be stored include lawnmower, ladder, shovels, plastic totes and moving carts, softener salt, sidewalk salt and windshield wiper fluid. Holiday proposes to construct a screen wall around the storage area. The storage area would be accessible via a sidewalk and secured service door on the south side. The applicant's narrative indicates the exterior freezer will give Holiday the ability to better manage and reduce deliveries of frozen goods to this location. In addition, it will provide an area for storage of exterior products and equipment, in a fully screened enclosure. Compatibility with Surrounding Area — The surrounding area is developed with commercial retail, service and office uses. The exception is across Cliff Road to the south, which is developed with single - family residential homes. Existing Use Zoning Land Use Designation North Auto Service (Jiffy Lube) PD, Planned Development RC, Retail Corrnnercial East Auto Service PD, Planned Development RC, Retail Commercial South Cliff Road /Single - family Residential Right -of -Way/ R -1, Single- family Residential LD, Low Density Residential West Prime Security Bank PD, Planned Development RC, Retail Connnercial EVALUATION OF REQUEST Description of Proposal — Holiday is proposing a 10' x 37' outdoor storage area east of the existing building for a walls -in freezer, maintenance and transportation equipment and overstock exterior merchandise. Examples of equipment and materials to be stored include lawnmower, ladder, shovels, plastic totes and moving carts, softener salt, sidewalk salt and windshield wiper fluid. Holiday proposes to construct a screen wall around the storage area. The storage area would be accessible via a sidewalk and secured service door on the south side. The applicant's narrative indicates the exterior freezer will give Holiday the ability to better manage and reduce deliveries of frozen goods to this location. In addition, it will provide an area for storage of exterior products and equipment, in a fully screened enclosure. Compatibility with Surrounding Area — The surrounding area is developed with commercial retail, service and office uses. The exception is across Cliff Road to the south, which is developed with single - family residential homes. Planning Report — Holiday March 24, 2015 Paae 3 Setbacks — The enclosure is proposed to be set back 3' from the east property line. There are no easements along the east boundary. The existing trash enclosure on the northeast corner of the building is also set back 3' from the east lot line, and the proposed storage enclosure would extend the same building line to the south along the full length of the building. The reduced 3' side setback can be accommodated with the PD zoning. Building; Coverage — The proposed enclosure will be open on top, and thus, is not included in the building coverage. The existing building and canopy are approximately 8,670 sq. ft., with a building coverage to lot area ratio of 19 %. Green Space — The existing green space ratio is 24 23.1 %. The proposed storage area will reduce green space by 3—,789 370 s.£, bringing the overall site green space ratio to 2-3 22.3 %. Elevations /Architecture /Materials — The outdoor storage enclosure will be constructed with an 11' wall to fully screen the storage items including the freezer. The wall is proposed to be constructed of brick to match the existing building. The service door on the south end of the enclosure should be painted to match the brick color. Outdoor Storage Standards — In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city .... The outdoor storage area will be fully enclosed with brick walls constructed to of materials to match the existing building. b. The storage area shall be located in the side or Near yards and shall not encroach into any required front building setback area or other required setbacks. The storage area is proposed to be located in the side yard. The proposed 3' setback is less than typically required in commercial zoning districts; however, it continues the established building setback line on that side of the property. c. The outdoor storage area shall be screened from view from the public right -of- way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The proposed enclosure will screen the storage area from off -site views. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage area has the service door on the south end, and requires employees accessing the space to cross the vehicle approach to the car wash. The storage area otherwise does not interfere with vehicle or pedestrian circulation. Planning Report — Holiday March 24, 2015 Page 4 e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area does displace existing turf grass, and does not impact parking spaces. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The storage area is proposed to be surfaced with concrete. Building Address Numbers — Building address numbers should be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. Landscapes — No changes to site landscaping are proposed. Turf grass will be removed in the area of proposed construction. Mechanical Equipment — The freezer is approximately 8' tall with equipment on top extending to a height of 10'. The proposed 11' tall enclosure should fully screen the freezer, including the mechanical equipment on top. Grading /Storm Drainage - The entire site lies within Drainage District B (as designated in the City Storm Water Management Plan — 2007). Storm water generally flows to the northeast into Thomas Lake (BP -7). No storm water modifications are proposed with this planned unit development. Wetlands /Water Quality — Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply Utilities — The existing building is connected to City sewer and water services. No utility modifications are proposed with this planned unit development. Streets /Access /Pedestrian Circulation — The site is fronted by two public streets (Thomas Center Dr, to the west, and Cliff Rd. to the south) and a private street/parking lot entrance to the north. Cliff Rd, is classified as a Minor Arterial roadway and is under the jurisdiction of Dakota County. Thomas Center Dr. is classified as a Local street. The parking lot has access from the north and west. A trail extends along the north side of Cliff Rd. No changes to access or pedestrian facilities are proposed. Easements /Rights of Way/ Permits — Public drainage & utility easements are located along the north, west, and south sides of the property. No easements exist along the eastern property line where the expansion is proposed. Tree Preservation — No trees are proposed to be impacted with this proposal. Financial Obli.ag tion —At this time, there are no pending assessments on the parcel. Parks and Recreation — Park dedication was previously satisfied with initial development of the site. Planning Report — Holiday March 24, 2015 Page 5 SUMMARY /CONCLUSION Holiday Stationstores is requesting approval of a Planned Development Amendment to allow outdoor storage at 1579 Cliff Road. The proposal appears generally compatibility with surrounding development. The site was initially developed in 1989 and is part of the Blackhawk Park Planned Development. The outdoor storage area will be fully enclosed and screened from off -site views. The proposal satisfies the outdoor storage performance standards in the City Code, with the exception of the side yard setback, which is consistent with the established building line. ACTION TO BE CONSIDERED To reconnnend approval of a Planned Development Amendment to allow outdoor storage of a freezer, exterior merchandise and maintenance equipment within a screen wall, for property located at 1579 Cliff Road. If approved the following conditions shall apply: 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. The screen wall shall be constructed of brick, utilizing materials to match the existing building, and fully screen the materials and equipment inside. 3. The service door shall be painted to match the color of the building. 4. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. <1Z a) a) LL 0 0 LO 0 0 G O) C o. 0 O C CL 'C N Q �F. L) ti c c o •- W) m o r N c O o ,a N CD - U 'O C C Q N t6 d 0® E d c N Z o V d Z 40 N N O V co m a iL 0 � C N C E N N N 4 0 h w G O) C o. 0 O C CL 'C N Q �F. 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Rl Aga, u 5 - .�. � L 1� � q�p pl •F. • � I (. u U 6 3 m ®a ® ® ©o O I kkk ,MC -M s C� a L 4 i1i o � M1 �y�p N Ci co bx H � O � H � m a r �zN F+y b H `�7 m "s 5 i; 10097 HOLIDAY COMPANIES Order Acknowledgement Order #: 217152 n' A Order Date: 02/12/2014 Crown , Revision: 02/10/2014( #0) WALKAS Box description: Outdoor Freezer i, n 14 Z r FO, 4" si® Z f" ❑ Approved as submitted ❑ NOT APPROVED — Revise and resubmit for approval Before signing this document, verify that the content you are signing is correct. By: Date: 10097 HOLIDAY COMPANIES Order Acknowledgement Order #: 217152 Order Date: 02/12/2014 r Revision: 02/10/2014(#0) WALUNS Box description: Outdoor Freezer -- Front elevation 98" -42 T CV P 36 " -0� ❑ Approved as submitted ❑ NOT APPROVED —Revise and resubmit for approval Before signing this document, verify that the content you are signing is correct. X Accepted By: n STATIONSTORES HOLIDAY STATIONST®RES 4567 American Boulevard West, Bloomington, MN 55437 (952) 830 -8700 Holiday Stationstores, Inc. 4567 American Blvd W. Bloomington, MN 55437 952 - 830 -8839 Jake.bauer holidaycompanies,com February 18, 2015 City of Eagan Planning and Zoning 3830 Pilot Knob Road Eagan, MN 55122 -1897 Re. Holiday Stationstore #437 1579 Cliff Road To Whom It May Concern; Holiday Stationstores, Inc. is seeking approval of a Planned Development Amendment to install an exterior storage freezer and construct screen walls around the freezer for our location at 1579 Cliff Road. The screen wall is proposed to be constructed of masonry with finishes to match the existing building brick elevations, The height is proposed to match existing brick finish elevations and the enclosed area would not include a roof. The freezer would sit completely enclosed within the screened area to be out of public view. The screened area would also be utilized for storage of store maintenance equipment (lawnmower, ladder, shovels, etc...), transportation supplies (plastic totes, moving carts, etc...), and overstock exterior merchandise (softener salt, sidewalk salt, windshield wiper fluid). The screened area will be secured by a service door on the south side. The location is currently zoned as a Planned Development with surrounding properties to the east, west, and north in the same Planned Development. Properties to the south are in a separate Planned Development. With the proposed screen wall on the east side of the building, it will be encroaching into the setback of the neighboring east property. Our property currently has a building extension on the northeast corner that also encroaches into this setback. The proposed screen wall will not encroach more than the existing building extension. The proposed screen wall area is currently shielded from public view along Cliff Road by trees that will remain. The proposed freezer and screened storage area will require the removal of grass area along the east wall of the building as depicted on the site plan. R�'CEN�� E t.) f� ".R 0 3 2015 Additional or modified city services are not anticipated to be necessary. The proposed exterior freezer will give Holiday the ability to better manage deliveries of product and may reduce the number of frozen product deliveries to this location. The store currently has to manage deliveries based upon available interior storage. Holiday would like to begin construction as soon as all permits and approvals are secured and expects to have the project completed and in use by early summer. The information submitted with this application is believed to be all applicable items. If it is found that additional information is required please let me know. If you have any questions I can be reached by phone at (952) 830 -8839 or by email at jake .bauer @holidaycompanies.com. Respectfully, Holiday Companies JaRe`Bauer Project Manager— Engineering Department Holiday Stationstores, Inc.