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08/03/2015 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING AUGUST 3, 2015 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS A. SWEARING IN of New Firefighters IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. ADOPT a Proclamation Recognizing August 4, 2015, As "National Night Out" in Eagan F. AWARD Contract 15-10, Old Town Hall Repairs and Renovation G. SCHEDULE public hearing date for September 1, 2015 to certify delinquent nuisance abatement bills H. SCHEDULE public hearing date for September 1, 2015 to certify delinquent utility bills I. APPROVE Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on November 21, 2015 at 3355 Columbia Drive J. APPROVE Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School on November 21, 2015 at 3355 Columbia Drive K. AWARD Contract 15-20, Well 22 Raw Water Line — Central Park Commons L. APPROVE One Year Extension of Cedar Grove Parking Garage and Redevelopment District - Facility Management Services with Cornerstone Parking Group M. APPROVE Consulting Agreement with Applied Ecological Services, Inc. N. RECEIVE Petition to. Vacate Public Drainage & Utility Easements, Outlot B Boulder Lakes 3rd Addition and Schedule Public Hearing for September 1, 2015 0. APPROVE Telecommunications Lease Amendment Agreements with T -Mobile P. AUTHORIZE Preparation of a Feasibility Study, Project 1208 (Water Reuse) Q. Item removed R. APPROVE Resolution to accept a POP: Power Of Produce grant from the Farmer's Market Coalition for Eagan Market Fest S. APPROVE extension of recording final Subdivision for Case Estates T. AWARD Contract 15-19, Yankee Doodle Road/ Promenade Avenue Signal Pole -Mast Arm Materials U. APPROVE Premise Permit for Apple Valley Hockey Association to conduct lawful gambling at La Fonda de los Lobos, 3665 Sibley Memorial Highway V. PUBLIC HEARINGS A. 2016-2020 Facilities Capital Improvement Plan VI. OLD BUSINESS A. Designation of Nicols Road (north of CP Rail, south of Silver Bell Road) a Minimum Maintenance Road B. ORDINANCE AMENDMENTS -Ordinance Amendments to City Code Chapter 5 and Chapter 11 to amend various requirements for liquor sales VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT— Prestige Preschool Academy -A Planned Development Amendment to allow a single story 10,400 sq ft childcare facility located at 4150 Knob Drive VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY - (There are no EDA items at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of Eap Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: JULY 311 2015 SUBJECT: AGENDA INFORMATION FOR AUGUST 3, 2015 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the August 3, 2015 City Council agenda, the following items are in order for consideration. Agenda Information Memo August 3, 2015, Eagan City Council Meeting RECOGNITIONS AND PRESENTATIONS A. Oath of Office for new Firefighters Facts: ➢ Fire Chief Scott will be administering the oath of office to our newest Firefighters. ➢ Tonight's swearing in of our 13 new firefighters is a combination of two recruit classes. One class started in September of 2014 and has completed their Firefighter One Certification and First responder training. A second class started in January of 2015 and they have completed their Firefighter One training. o We had a total of 17 new recruits from both classes; we had four recruits drop out of the program along the way. ➢ In 2014 we had 19 paid -on-call firefighters resign from the Eagan Fire Department. ➢ Today with these 13 new firefighters it brings our staffing level to a total of 84 paid -on-call Firefighters, which is still the lowest level of staffing since the 1980's. ➢ The names of the new Firefighters are listed below: 1. Luke Lange 2. Tim Keller 3. Sebastian Migdal 4. Al Morrison 5. Derek DeGrote 6. Tedd Lamm 7. Jason Marshall 8. KiKi Setterlund 9. Casey Cayer 10. Travis Reddinger 11. Jessica Hoffman 12. Jeff Becker 13. Christina Everling Attachments: (0) Agenda Information Memo August 3, 2015 Eagan City Council Meeting CONSENTAGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. Approve Minutes Action To Be Considered: To approve the minutes of July 21, 2015 regular City Council meeting as presented or modified. Attachments: (1) CA -1 July 21, 2015 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota JULY 21, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, July 21, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Director of Communications Garrison, Director of Community Development Hohenstein, City Planner Ridley, Public Works Director Matthys, Parks and Recreation Director Johnson, Deputy Chief of Police Johnson, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of July 7, 2015 regular City Council meeting as presented or modified. 1. It was recommended to accept the resignation of Linda Dralle, Systems Analyst with the Utilities Division of Public Works and authorize replacement. 2. It was recommended to authorize to ratify the collective bargaining agreement between the City of Eagan and the Teamsters Public Works and Parks Maintenance Workers Unit, Local #320. 3. It was recommended to approve the hiring of seasonal staff at the Eagan Community Center, Civic Arena and Cascade Bay. 4. It was recommended to accept the resignation of Luann Bayer, full time Police Clerical Technician and authorize replacement. C. It was recommended to ratify the check register dated July 3, 2015 as presented. D. It was recommended to approve the ordinary and customary contracts with Hartman Companies, Inc., Health Is Love Organization, LLC, and Kids Around the World. E. It was recommended to approve the general insurance renewal for the period of July 1, 2015 to July 1, 2016. F. It was recommended to receive the bids and award Contract 15-15 (Yankee Doodle Road/Promenade Avenue/O'Leary Lane — Intersection Improvements), to S.M. Hentges & Sons, Inc., for the bid amount of $1,082,293.25,and authorize the Mayor and City Clerk to execute all related documents. City Council Meeting Minutes July 21, 2015 2 page G. Item was removed. H. It was recommended to approve the final payment for Contract 15-13 (Pond JP -47.2 — Alum Sludge Removal) in the amount of $85,160.00 to New Earth USA, LLC and accept the improvements for perpetual City maintenance subject to warranty provisions. I. It was recommended to approve a Stormwater Management System Maintenance Agreement with Upwind, LLC, owners of the Prime Therapeutics site at 2655 Eagan Woods Drive, and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve telecommunication lease amendments with T -Mobile Central LLC, for antenna upgrade installations on designated water reservoir sites and authorize the Mayor and City Clerk to execute all related documents. K. It was recommended to receive the petition to vacate a portion of a public drainage and utility easement on Lot 14, Block 1 Prettyman Heights (1579 Skyline Trail), and schedule a public hearing to be held on August 18, 2015. L. It was recommended to receive the bids and award Contract 15-18 (Deerwood Elementary School — Sump Manhole Retrofit Project) to Minnesota Dirt Works, for the bid in the amount of $13,300.00, and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS Public Hearing to Consider Applications Received for a Cable Franchise City Administrator Osberg introduced the item noting the Council is being asked to hold the public hearing and to give consideration to adopt a resolution establishing findings of fact regarding Centuryl-ink's legal, technical and financial qualifications as a potential cable provider in Eagan. Communications Director Garrison gave a staff report, and introduced Brian Grogan, the City's Cable Franchise Attorney, who presented an overview of the franchising process and reviewed a report regarding the qualifications of CenturyLink. Mr. Grogan noted receipt of a letter from Comcast regarding CenturyLink Video franchise application, which was also provided to the City Council. Mayor Maguire opened the public hearing. Tyler Middleton, Vice President of Operations in Minnesota for CenturyLink, stated CenturyLink is excited about the opportunity to bring a choice to residents and competition to the market and noted they were available for questions. There being no public comment, Mayor Maguire turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to close the public hearing for public comment, and adopt a resolution establishing findings of fact regarding Centuryl-ink's legal, technical and financial qualifications as a potential cable provider for Eagan. Aye: 5 Nay: 0 Garrison noted the receipt of an email received from a resident welcoming additional competition, but also requesting in any future franchise with either CenturyLink or Comcast the inclusion of possible discounts for senior citizens, persons with disabilities and persons who are economically disadvantaged. The Council directed staff to include the discounts in negotiations. OLD BUSINESS There were no old business items to be heard. City Council Meeting Minutes July 21, 2015 3 page NEW BUSINESS There were no new business items to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire announced "National Night Out" is August 4t" and encouraged residents to get outside and meet their neighbors. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:00 p.m. Aye: 5 Nay: 0 Date Acting Mayor City Clerk Agenda Information Memo August 3, 2015 Eagan City Council Meeting CONSENTAGENDA B. Personnel Items Item 1 Action to be Considered: Approve hiring of the following seasonal employees: ➢ Zoe LeClaire, Pool Attendant Cascade Bay Item 2 Action to be Considered: Accept the resignation of Kevin Kenny, Maintenance Supervisor, and authorize replacement. Agenda Information Memo August 3, 2015 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated July 17 and 24 , 2015 as presented. Attachments: (2) CC -1 Check register dated July 17, 2015 CC -2 Check register dated July 24, 2015 Agenda Information Memo August 3, 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 Armadillo Jump for entertainment at Streets Alive ➢ Contract with Kathi LaValle for entertainment at Streets Alive Contract with Thyssen Krupp Elevator Americas for maintenance of the Cedar Grove Parking Garage elevators Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo August 3, 2015, Eagan City Council Meeting CONSENT AGENDA E. Adopt A Proclamation Recognizing August 4, 2015, As "National Night Out" In Eagan Action To Be Considered: Adopt a proclamation recognizing August 4, 2015, as National Night Out in Eagan. Facts: ➢ Tuesday, August 4, 2015, is the 32nd annual National Night Out celebration. ➢ National Night Out is sponsored by National Association of Town Watch (NATW). ➢ The City of Eagan has participated in National Night Out since 1998 (17 years). ➢ Participation has grown every year in Eagan. Typically, over 160 neighborhoods participate in the celebration. Police and Fire units will visit these gatherings. ➢ Eagan residents are asked to join millions of their fellow citizens across the United States in this celebration of Community, Crime Prevention and strong police/community partnerships. ➢ Strong neighborhoods are essential to public safety and homeland security. ➢ From 5:30 to 9:30 p.m., residents are encouraged to lock their doors, turn on outside lights and spend the evening outside with their neighbors. ➢ Registration can be done on-line at www.citvofeagan.com/nno ➢ For questions or more information, please contact the Eagan Police Department Crime Prevention Unit at 651-675-5727. Attachments: (1) Proclamation CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2015 WHEREAS, the National Association of Town Watch (NATW) . is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 4th, 2015, called "National Night Out"; and WHEREAS, the "32nd Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police -community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2015" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police -community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "32nd Annual National Night Out" on August 4th, 2015. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 4th, 2015, as "National Night Out" in the City of Eagan. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk CERTIFICATION I, Christina Scipioni, City 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 2015. Christina Scipioni, City Clerk Agenda Information Memo August 3, 2015 Eagan City Council Meeting CONSENT AGENDA F. Award Contract 15-10, Old Town Hall Repairs And Renovation Action To Be Considered: Receive bids for Contract 15-10 (Old Town Hall Repairs and Renovation) and award a contract to Parkos Construction for the base bid in the amount of $338,800.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15-10 provides for the repair and renovation of Old Town Hall. ➢ Old Town Hall was substantially damaged on September 8, 2013 when an arsonist set fire to the building. ➢ 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). On April 7, 2015, the Council approved the plans and specifications for the Old Town Hall building reconstruction and authorized the solicitation of competitive bids for May 7, 2015. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid and alternates of Parkos Construction have been reviewed by the Parks & Recreation/Government Buildings department and are in order for favorable Council action. A Bid Analysis from Mohagen Hansen in included as Attachment CG -2. ➢ Bids included four alternate items for potential deductions. None of these deduct alternates are recommended for acceptance: o Alternate 1: Relocation of the gas meter and gas line (no deduct) o Alternate 2: Relocation of the electrical service and panel ($3,000 deduct) o Alternate 3: Use of standard glass rather than restoration glass (no deduct) o Alternate 4: An asphalt shingle roof in lieu of a cedar shingle roof ($12,000 deduct)) ➢ A separate contract for smoke abatement work was awarded by the Council on May 19, 2015. ➢ Funding for the project is proposed to come from three sources: o Community Investment Fund $178,800 0 2015 Community Development Block Grant (CDBG)Funds $100,000 o Reallocation of 2013-14 CDBG Funds Weatherization Plus and Senior Programming $60,000 ➢ Staff will be hosting a meeting this fall for those who may be interested in fund raising or donating for enhancements to the project such as: o Air Conditioning $20,000 o Re -grading and Expansion of Parking Lot $28,500 o Exterior Site Lighting $18,500 o Outbuilding with Public Toilet Room, Service Sink and Storage $33,000 ➢ The restoration work is anticipated to begin in August 2015 with an anticipated completion in the early winter of 2015. Attachments: (2) CF -1 Bid Summary CF -2 Mohagen Hansen Bid Analysis Memo 12 O Z U N a/ a a5 + o O w o �o m v ai c c - V O1 Ln N 0 0 w 4o v v t6 N 7 7 6 H Q' H O W m o 0 0 0 0 O O N N' O O O O V ko O O O O O O O O m Ln O O O O O O a ,J). m fa O c O O O O 0 0 C( v c ao m m VT L} X X X x x x T C T C O" E O C O- E U U c O c u O � u i C O v+ U c o V c Y m U MEMORANDUM 1000 Twelve Oaks Center Drive Tel 952.426.7400 Suite 200 Fax 952.426.7440 Wayzata, MN 55391 www.mohagenhansen.com Date: May 27, 2015 Memo To: Dave Osberg, City Administrator, City of Eagan From: Stephen M. Oliver, AIA, NCARB, Project Manager Project: City of Eagan Old Town Hall Repairs & Restoration 14414.00YE CC: Mark L. Hansen, AIA, NCARB, LEED AP BD+C On May 711, 2015, a public bid opening was held for the Old Town Hall project at 2:30 PM in the afternoon. Two bids were received — one from Parkos Construction Company and one from McFarland Construction Company. Parkos was the low bidder with a total construction value of $338,800. As formatted, the base bid included all elements desired for the project with deduct alternates established for four items which included: ■ Alternate 1: Relocation of the gas meter and gas line ■ Alternate 2: Relocation of the electrical service and panel ■ Alternate 3: Use of standard glass rather than restoration glass ■ Alternate 4: An asphalt shingle roof in lieu of a cedar shingle roof. As compared to the budget established in the fall of 2014, we find the following: Current Bid Value: $338,800 (no deduct alternates accepted) Original Budget Value: $248,000 (exclusive of alternates) Delta (over budget): $ 90,000 Deduct Alternates Value: <$ 15,000> (alternate #2 & #4 value; alternate #1 and #3 had no value in Parkos bid) At this point the disposition of the alternates is undetermined. Additionally, the contract for smoke abatement work is $9,693. This is being carried outside of the base contract, but was part of the original $248,000 budget. The smoke abatement contract value also needs to be recognized in the final tally of numbers. Besides the alternates, which were "extras" or "enhancements" to the base project, there are a number of other items that the design team and Parkos Construction has identified that are cost factors that should be weighed when considering the nature of the bids received. Cost and bid factors include: Bid Environment — the current bidding environment has been volatile, with material costs going up rapidly. Over 8 months time escalation on material costs is likely a contributing factor to higher than expected bids, as is the availability of laborers. Contractors are generally flush with work and are more selective in how and what they bid. Low Bid Turnout — likely in response to the Davis -Bacon wage requirements. Parkos specifically indicated that a number of other bidders that attended the walkthrough were residential bidders not versed in the wage requirements. According to Parkos, the wage requirements did not alter their bid in any regard as they are a union contractor. Davis Bacon Wage Requirements — wage requirements were not originally factored into the budget numbers developed. Cost variation is hard to quantify, but is likely not more than 3 to 5 percent of the construction value as it only applies to labor, not material values. MOHAGEN HANSEN Architecture I Interiors Memorandum City of Eagan Old Town Hall Repairs & Restoration May 27, 2015 Page 2 of 2 4. Roof Structure — original assumptions were that new trusses would be inserted between existing. Final design and structural conditions required removal of two-thirds of the trusses, requiring additional bracing and modifications. No comparative values have been prepared. 5. Floor Reinforcement — early budget numbers for this category were based on assumptions not visual observations, and that the majority of the floor structure work would be in the area of the damage. Upon opening the floor for direct observation, the structural engineer discovered that the entire floor structure was insufficient for the kind of loading the space receives, by code definition. Additional floor reinforcing work was incorporated into the bid documents, including removal and patching of the wood flooring for access. Parkos Construction provided a breakout of roughly $9,800 for the floor reinforcing work. 6. Window Work — detailed review of the windows during the walk-through's when the building and windows were opened up for extended periods revealed that the windows were in much worse shape than expected or than observed in the cursory walkthrough during the previous season. Parkos indicated that the costs related to the shutter work were also higher than expected. Parkos identified the window work as a $12,000 value and the single new shutter pair and repairs to others as a $3,700 value. That $15,700 value is $13,200 high compared to the $2,500 being carried in the original budget. 7. Electrical Outlet Provisions — in an effort to provide the most flexibility for EHS, additional outlets were added throughout the building, including necessary wiring and circuits. This work was included in the base bid documents but was not included in the original budget. The value of this work is likely around $3,000 to $4,000, although a comparative cost was not formally developed. 8. Lighting — observation by the design team was that lighting of the Old Town Hall was insufficient. The original building had 6 pendant lights over the stage and 1 for the balance of the space. The lighting was revised to provide 6 replacements fixtures for the ones over the stage and 8 new fixtures out in the main space of the Hall. This work was a total addition to the project cost. Parkos identified the lighting as a $6,300 increase to the project value. 9. Security — original estimates were based on a singular system (motion detectors OR door and window contacts). Per City requirements, both were incorporated into the bid documents. 10. Exterior Trim —100% replacement of the skirt board and associated flashing was not expected as part of the original budget. Parkos Construction also offered other editorial comments on the sub bids they received as follows: 1. Bids for electrical work seemed higher that they would have expected (partly as reflected in items 7 and 8 above). They did indicate, though, that of the three bids they received, they were all extremely close to one another (around $34,000), giving some validity to the numbers. 2. Bids for painting were higher than expected, at roughly $19,000, but Parkos was not able to identify any specific cost concerns or anomalies there. 3. Bids for floor patching and refinishing were high at roughly $18,000. In general, the design team believes that the bids received reflect the scope identified in the bid documents and that Parkos Construction Company is qualified to perform the work. If desired, the team can work with Parkos to look for specific areas where cost efficiencies can be found as the work progresses. K:\Jobs\Eagar_Tcwn_Hall_13479\01_Admin\Budget\14414 M_EHS_Cost_Review.docx MOHAGEN HANSEN Architecture I Interiors Agenda Information Memo August 3, 2015, Eagan City Council Meeting CONSENT AGENDA G. Schedule public hearing date for September 1, 2015 to certify delinquent nuisance abatement bills Action To Be Considered: To schedule a public hearing for September 1, 2015 to consider final assessment of the delinquent nuisance abatement bills and certify them to Dakota County for collection with property taxes. Facts: ➢ On a semi-annual basis, the City reviews and considers delinquent nuisance abatement bills for certification to property tax statements for collection. Nuisance abatement bills include fees for false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree removal. ➢ Additional information will be provided at the time of the public hearing. Attachments: (0) Agenda Information Memo August 3, 2015, Eagan City Council Meeting CONSENT AGENDA H. Schedule public hearing date for September 1, 2015 to certify delinquent utility bills Action To Be Considered: To schedule a public hearing for September 1, 2015 to consider final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. Facts: ➢ On a semi-annual basis, the City reviews and considers delinquent utility bills for certification to property tax statements for collection. ➢ Additional information will be provided at the time of the public hearing. Attachments: (0) Agenda Information Memo August 3, 2015, Eagan City Council Meeting CONSENT AGENDA I. Approve Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on November 21, 2015 at 3355 Columbia Drive Action To Be Considered: To adopt a resolution approving an Exempt Permit for Faithful Shepherd Catholic School to conduct a raffle on November 21, 2015 at Faithful Shepherd Catholic School, 3355 Columbia Drive. Facts: ➢ Faithful Shepherd Catholic School 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) CI -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHERAS, Faithful Shepherd Catholic School has applied for an Exempt Permit to conduct a raffle on November 21, 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 Faithful Shepherd Catholic School to conduct a raffle on November 21, 2015 at 3355 Columbia Drive. Motion by: Seconded by: Those in favor: Those against: Date: August 3, 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 3rd day of August, 2015. City Clerk Agenda Information Memo August 3, 2015, Eagan City Council Meeting *91aUnr_TCHi•R e J. Approve a Temporary On -Sale Liquor License and waive the license fee for Faithful Shepherd Catholic School on November 21, 2015 at 3355 Columbia Drive. Action To Be Considered: To approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School on November 21, 2015 at 3355 Columbia Drive. Facts: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for their Mistletoe Market event on November 21, 2015. The event will be held inside Faithful Shepherd Catholic School, located at 3355 Columbia Drive. The event is a fundraiser for the school. ➢ Faithful Shepherd Catholic School has requested that the $150.00 license fee be waived. ➢ The application form has been submitted and deemed in order by staff. Following Council approval, the application will be forwarded to the Department of Public Safety — Alcohol and Gambling Enforcement Division for final approval. Attachments: (1) CJ -1 Letter from Faithful Shepherd Catholic School Faithful Shepherd Catholic School 1 3355 Columbia Drive I Fagan, MN 55121 Phone 651.406.4747 1 Fax 651.406.4743 1 fscsmn.org July 13, 201,5 Dear City Council Members: I respectfully request that the Eagan City council waive the application fee for the. temporary liquor license to .be used on November 21, 2015. We are holding our first Mistletoe Market (that Is replacing our annual Holiday Boutique) at Faithful Shepherd Catholic School and Tri -Parish Center. The purpose of the event is fundraising. All proceeds will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's .ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcoholic beverages. ➢ The designated property of the event will be limited to the school grounds, which includes the school building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, .public safety, and check the ages and identification of all attendees. ➢ No person under the age of 21 will be sold or served alcoholic beverages. No person will sell or give alcoholic beverages to an obviously intoxicated person. ➢ All persons who consume, purchase, or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from an approved vendor list provided by the City of Eagan). The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. No person selling alcohol shall be intoxicated during his or her work shift. Licensee will post signs at all entrances of the school to notify the public that sales and consumption of alcoholic beverages by person's under the age of 21 or to person intoxicated is prohibited. F Licensee will provide volunteer private security to monitor the licensed area. ➢ Licensee will follow the designated hours listed in the City of Eagan procedures. A Licensee will designate an on-site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The on-site manager will complete training in alcohol beverage service and will train server and security personnel in the same. If you have any questions, I can be reached at (651.) 406-4747. Thank you for your consideration. Respectfully submitted. Terese Shimshock Principal Agenda Information Memo August 3, 2015 Eagan City Council Meeting CONSENT AGENDA K. Contract 15-20, Central Park Commons Raw Water Line Action To Be Considered: Award Contract 15-20 (Central Park Commons — Raw Water Line), to Enebek Construction Company, for the bid amount of $23,057.80, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On June 3, 2014, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure, Part III (2015-2019) and authorized the initiation of the public improvement process for the 2015 programmed improvements. 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. ➢ On April 7, 2015 the City Council authorized the preparation of detailed plans and specifications for Project 1186 (Well No. 22 Central Park Commons — Well Development. ➢ Contract 15-20 provides for the extension of a portion of the 12 -inch diameter water main for raw water transmission needed to serve proposed Well No. 22 within the Central Park Commons development. Well No. 22 will be installed under a separate contract. ➢ All necessary easements for construction and perpetual maintenance of Well No. 22 and associated raw water lines, including those to be installed under Contract 15-20, will be dedicated with the Central Park Commons final subdivision. ➢ On July 23, 2015, a bid was received from Enebek Construction Company. It has been reviewed for compliance and accuracy on unit price extensions and summations. The base bid of $23,057.80 from Enebek Construction Company., has been reviewed by the Public Works Department and is in order for favorable Council action. Attachments: (0) Agenda Information Memo August 3, 2015 Eagan City Council Meeting CONSENT AGENDA L. Contract 14-14, Cedar Grove Parking Garage & Redevelopment District Facility Management Services — Contract Extension Action To Be Considered: Approve a one year contract extension for Contract 14-14 (Cedar Grove Parking Garage and Redevelopment District - Facility Management Services) with Cornerstone Parking, Inc., and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On August 4, 2014, Contract 14-14 was awarded to Cornerstone Parking Inc. to provide for facility management and maintenance services for the Cedar Grove Parking Garage, located at 3950 Eagan Outlets Parkway and opened in August 2014. Landscape and winter maintenance services are also provided for the Redevelopment District under this contract. The contract provides a high level of service for winter maintenance of trails and sidewalks providing access to the Twin Cities Premium Outlets Center and landscape maintenance of City owned property and entry monuments. ➢ Under this contract, Cornerstone Parking has provided a high level of service within the Cedar Grove Parking Garage and Redevelopment District including cleaning, snow removal, electrical, painting, safety equipment, signs, structural inspection and exterior/landscape control for the past year. ➢ The original contract provides for periodic review by the City and termination of the contract, if warranted, along with a City option for one year contract extensions in 2015 and 2016. ➢ A one year extension of the contract with Cornerstone Parking for Contract 14- 14 has been reviewed by Public Works (Engineering) staff and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo August 3, 2015, Eagan City Council Meeting CONSENT AGENDA M. Technical Specialty Services Agreement Applied Ecological Services, Inc. Action To Be Considered: Approve a 'S -year Technical Specialty Services Agreement with Applied Ecological Services, Inc. (AES) to manage buffer vegetation at Water Resources Demonstration Projects and other surface water-based sites within City parks, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Public Works/Water Resources has installed several wetland buffer projects since 2001—with support from State and County grants and Eagan stormwater utility funds—and has supported maintenance of these sites. ➢ The City Council officially designated two sites, one at Cedar Pond Park and one at Moonshine Park, as Water Resources Demonstration Projects. ➢ Public Works/Water Resources also has been responsible for managing: 1) plants surrounding Central Park Pond and 2) a wetland buffer at Thomas Lake Park. ➢ Since 2010, AES has provided plant -management services for Eagan's constructed wetland bank site at Wandering Walk Park. ➢ A 5 -year contract for specialty services with AES and a 2015 cost estimate has been prepared to complete necessary plant management at the aforementioned sites and at other similar water-based locations, as required. Specific work for this 5 -year contract (2015-2019) would be directed by annual work orders and would be funded through the stormwater utility, per approved annual budgets. ➢ City staff from the Public Works Department has reviewed the 5 -year contract proposal, which is hereby presented to the City Council for favorable consideration to approve an agreement for services. Attachments: CM -1 AES Agreement CM -2 AES Estimate (2015) TECHNICAL SPECIALTY SERVICES AGREEMENT This Agreement ("Agreement") is entered into this 3rd day of August , 2015, by and between the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 (the "City") and Applied Ecological Services, Incorporated, 21938 Mushtown Road, Prior Lake, MN 55372 (the "Consultant"). WHEREAS, Consultant has experience in specialized technical services; and WHEREAS, the City desires to engage Consultant to assist in specialized technical services; and WHEREAS, Consultant desires to accept such engagement upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual agreements herein contained and intending to be legally bound hereby, the City and Consultant hereby agree as follows: ARTICLE 1 TERM OF CONTRACT Section 1.01 TERM. This Agreement will become effective on August 3, 2015, and will continue in effect for a period not to exceed five (5) years, until August 2, 2020, unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2 INDEPENDENT CONTRACTOR STATUS Section 2.01 INDEPENDENT CONTRACTOR STATUS. The City and Consultant expressly agree that Consultant is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both parties acknowledge that Consultant is not an employee for state or federal tax purposes. ARTICLE 3 SERVICES TO BE PERFORMED BY CONSULTANT Section 3.01 CONSULTANT'S SERVICES. The City hereby retains Consultant (on a non- exclusive basis) for the purpose of managing native and other vegetation by any means necessary and appropriate, including but not limited to mowing, spot herbicide applications, prescribed burning, and brush removal. "The Basic Services for Projects" The precise services to be provided and detailed scope of work and rates for those services may be detailed in individual work authorizations 1 or engagement letters signed by Consultant and City based on the general provisions and conditions set forth in this agreement. Section 3.02 METHOD OF PERFORMING SERVICES. Consultant shall determine the method, details, and means of performing the above-described Services. Section 3.03 PLACE OF WORK. Consultant shall base the performance of these Services at its own business location or such other location as determined by the City. The City is not required to provide office, technical or clerical support services to Consultant. Section 3.04 TIME OF PERFORMANCE. Consultant shall submit for the City's approval a schedule for the performance of the Services that may be adjusted by mutual consent as the Services proceed. This schedule shall include allowances for periods of time required for the City's review. Time limits established by this schedule approved by the City shall not be exceeded by Consultant or the City, except for reasonable cause, agreed to by the City. ARTICLE 4 COMPENSATION Section 4.01 AMOUNT OF COMPENSATION. In consideration for the Services to be performed by Consultant, the City agrees to pay Consultant consulting fees per management and/or restoration task completed. Section 4.02 PAYMENT FOR COMPENSATION. Payment will be made as follows: Contemporaneously with the submission of any bill to the City, the Consultant shall provide an itemized statement detailing the billing strategy indicating the number of hours spent by any employee or agent as well as the hourly rate charged by the individual providing the work. The Consultant shall segregate its billing to separate cost centers or projects as may be required by the City. Section 4.03 EXPENSES. Consultant shall be responsible for all costs and expenses incident to the performance of the Services, including but not limited to, all taxes required of or imposed against Consultant and all other of Consultant's costs of doing business. Any expenses related to special consulting or technical services (e.g., outside consultants or technical services) must be pre -approved by the City. When retained directly by the consultant with prior approval by the City, Consultant shall bill the City no more that 110% of actual costs of such special consulting or technical services. 2 ARTICLE 5 CONSULTANT'S OBLIGATIONS Section 5.01 STATE AND FEDERAL TAXES. As Consultant is not the City's employee, Consultant is responsible for paying all required state and federal taxes. In particular, the City will not withhold FICA (Social Security) from Consultant's payments; will not make state or federal unemployment insurance contributions on Consultant's behalf; will not withhold state or federal income tax from payment to Consultant; will not make disability insurance contributions on behalf of Consultant; or will not obtain workers' compensation insurance on behalf of Consultant. ARTICLE 6 THE CITY'S OBLIGATIONS Section 6.01 THE CITY'S COOPERATION. The City agrees to comply with Consultant's reasonable requests necessary to the performance of Consultant's duties under this Agreement. ARTICLE 7 TERMINATION OF AGREEMENT Section 7.01 TERMINATION ON OCCURRENCE OF STATED EVENTS. The City may terminate this Agreement automatically on the occurrence of any of the following events: (1) Consultant's bankruptcy or insolvency; (2) the sale or merger of Consultant's business and/or change in majority ownership; or (3) failure of Consultant to perform work in a timely fashion. Additionally, this Agreement may be terminated by either party upon thirty days written notice without cause. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files, field data, notes, and other documents, written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to any work or to a Project, shall be made available to the City. All provisions of this Agreement allocating responsibility or liability between the City and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. Section 7.02 TERMINATION FOR FAILURE TO MAKE AGREED-UPON PAYMENTS. Should the City fall to pay Consultant all or any part of the compensation set forth in Article 4 of this Agreement on the date due, Consultant, at Consultant's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. ARTICLE 8 Section 8.01 DISPUTE RESOLUTION/CONSENT TO ARBITRATION 3 Mediation. Any and all disputes, controversies or claims between the parties to this Agreement, if not settled within twenty (20) days following written notice of such dispute, shall be referred to senior management of the parties for resolution. In the event that the parties are unable to settle the dispute through senior management negotiations as set forth above, all remaining controversies or claims shall then be submitted to mediation within ten (10) days from written notice by either party to the other of the conclusion of senior management negotiations. The parties shall share equally the costs and fees of the mediator and each party shall pay its own costs and attorneys' fees incurred in mediation or any subsequent litigation. Unless the parties agree otherwise, mediation shall be held in Eagan, Minnesota. This agreement to mediate and any other agreement or consent to mediate entered into in accordance with this Agreement shall be specifically enforceable under the prevailing law of any court having jurisdiction. In the event that the dispute has not been resolved within thirty (30) days following mediation, or such longer period as the parties may agree, the matter shall be submitted to litigation and the venue shall be Dakota County, Minnesota. ARTICLE 9 GENERAL PROVISIONS Section 9.01 NOTICES. Any notices given hereunder by either party to the other shall be in writing and may be effected by personal delivery with signed receipt or by registered or certified mail with postage prepaid and return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally or by mail will be deemed communicated as of actual receipt; (both signed at time of receipt). Section 9.02 ASSIGNMENT. Except for the Consultant's use of necessary consultants, the Consultant and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. Section 9.03 ENTIRE AGREEMENT OF THE PARTIES. This Agreement supersedes any and all prior agreements, either oral or written, between the parties hereto with respect to the rendering of services by Consultant for the City and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or H agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. Section 9.04 INDEMNIFICATION. Consultant agrees to indemnify and hold the City and its permitted assigns and attorneys, accountants, and employees, harmless from and against all losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings, costs, and expenses (including reasonable attorneys' fees) to the extent of the negligent acts or omissions of the Consultant. Section 9.05 RIGHT IN WORK PRODUCT. The tangible work product, including but not limited to requirements documents, reports, code, or other deliverables (the "Deliverables") first developed, created, or produced by Consultant and required to be delivered to City pursuant to this Agreement shall become the property of City upon the later of: i).delivery of such Deliverables to City or, ii.) receipt of payment by Consultant for the Deliverables. Notwithstanding the above, Consultant shall have unlimited rights in such Deliverables, to the extent such Deliverables do not contain the proprietary information of City, which rights shall include the right to use, duplicate or disclose the Deliverables in whole or in part, in any manner and for any purpose whatsoever, and to permit others to do so. All information and material which is owned by Consultant and used by Consultant in the performance of this Agreement shall remain the exclusive property of Consultant whether or not such information or material was incorporated in, adapted for use in, or used to produce any Deliverables delivered under this Agreement, unless otherwise specified in an individual work authorization. In addition, and not in limitation of the foregoing, City acknowledges and agrees that Consultant retains and may use the product of its engineering effort expended on behalf of City for its general reference and enhancement of its engineering capabilities and that Consultant retains all rights to the know-how, including but not limited to ideas, concepts, theories and techniques with respect to how to perform the services hereunder. The Consultant will furnish the City with electronic data versions of certain drawings or other written documents ("Digital Data") compatible with the City's software (to the extent possible) unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data, the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Consultant and is not warranted to be compatible with other systems or software. 5 Any Digital Data submitted by the Consultant to the City is submitted for an acceptance period of 60 days ("Acceptance Period"). Any defects that the City discovers during this period and reports to the Consultant will be corrected by the Consultant at no extra charge. For correction of defects reported to the Consultant after the Acceptance Period, the City shall compensate Consultant on an hourly basis at Consultant's billing rates. The City understands that the Digital Data is perishable and the City is responsible for maintaining it. Section 9.06 INSURANCE. The Consultant shall provide to the City an insurance certificate, issued by an insurance company of good standing and authorized to do business in Minnesota, evidencing the insuring of liability arising out of the performance of professional services for the City in an amount of at least $2,000,000; and stating that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insured's intention to cancel the insurance. The Consultant agrees that the deductible within its professional liability insurance policy shall not exceed $750,000.00. Section 9.07 SEVERABILITY. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and the remaining provisions of this Agreement will continue in full force without being impaired or invalidated in any way. Section 9.08 GOVERNING LAW. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Minnesota. Section 9.09 HAZARDOUS SUBSTANCE. The Consultant's scope of services does not include any services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a Project that may affect the Consultant's services, the Consultant may suspend performance of its services, without liability, and will assist the City to retain appropriate specialist consultants to adequately identify and abate such materials so that Consultant's services may resume. Section 9.10 CONFIDENTIALITY. The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, sub consultants and the general ON contractor and subcontractors, if appropriate, any data and information not previously known to and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain, 'nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for such party to defend itself from any suit or claim. Section 9.11 LIMITATION OF LIABILITY. Notwithstanding any other provision of this agreement to the contrary, City agrees to limit Consultant's liability to City and to all persons having contractual relationships with City to the total fee or compensation received by Consultant for the work authorization under which the liability arises. Section 9.12 CONSEQUENTIAL DAMAGES WAIVER. Notwithstanding any other provision of this agreement to the contrary, neither Consultant nor City nor either party's suppliers, agents, officers, and directors shall have any liability regardless of the theory of recovery, including breach of contract or negligence, to the other party or any other person or entity for any indirect, incidental, special, or consequential damages, cost or expense whatsoever, including but not limited to loss of revenue or profit, whether actual or anticipated, loss of use, failure to realize anticipated savings, loss of or damage to data or other commercial or economic loss. This waiver of consequential damages is made regardless of whether (i) either party has been advised of the possibility of such damages or (ii) such damages may be foreseeable. Section 9.13 FORCE MAJEURE. Consultant shall not be responsible for delays caused by factors beyond Consultant's reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner, failure of City to furnish timely information or approve or disapprove of Consultant's services or work product promptly, or delays caused by faulty performance by City or by contractors of any level. When such delays beyond Consultant's reasonable control occur, City agrees that Consultant shall not be responsible for any damages, nor shall Consultant be deemed to be in default of this Agreement. In the event of such delay, the schedule shall be extended for a period of time equal to such delay and Consultant shall be compensated for any costs, expenses or damages incurred as a result of such delay. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. 7 CITY OF EAGAN: CONSULTANT: Applied Ecological Services, Incorporated Mike Maguire Its: Mayor Its: By: Christina M. Scipioni Its: City Clerk FRI ® PPLIED ECOLOGICAL ® I� SERVICES Contracting Estimate and Agreement Project Information Project Name: Eagan Management 2015 AES Project Number: 15-xxxx Branch: PLK - MN June 23, 2015 Gregg Thompson — City of Eagan, Water Resource Specialist 3501 Coachman Point Eagan, MN 55122 Re: Management of Cedar Pond Park, Community Park, Moonshine Park, and optional Thomas Lake Park Dear Gregg, Thank you for the opportunity to submit a quote for this work. We are confident you will find that AES provides exceptional expertise, service, and value. Per our discussion and my site visits below is a management plan for 2015. We look forward to continuing work with you on this project. Please call with any questions regarding the attached proposal and supporting documents. Sincerely, Matthew Lasch, Contracting Manager Applied Ecological Services, Inc. 952-447-1919 matt.lasch@appliedeco.com Quote for Services and Statement of Work 61" ayv/k Chuck Campbell, Project Estimator Applied Ecological Services, Inc. Item Qty Unit Unit Cost Spot Herbicide 1 Extended Central Park 200.00 Spot Mow 1 trip $ 150.00 $ 150.00 Spot Herbicide 2 trip $ 225.00 $ 450.00 Spot Mow 1 trip $ 150.00 $ 150.00 Volunteer Trees - Treat 1 Is $ 250.00 $ 250.00 Sub Total $ 850.00 Moonshine Park Spot Herbicide 1 trip $ 200.00 $ 200.00 Spot Mow 1 trip $ 150.00 $ 150.00 Volunteer Trees - Cut & Treat <4" diameter 1 Is $ 650.00 $ 650.00 Sub Total $ 1,000.00 Applied Ecological Services, Inc.—CONFIDENTIAL Page 1 Revised: 4/10/2015 Cedar Pond Park Spot Herbicide 1 trip $ Spot Mow 1 trip $ Optional Prep Herbicide (.25 acre) Re -do area 1 trip $ Sub Total Thomas lake Park Optional Spot Herbicide 1 trip $ Optional Spot Mow 1 trip $ Sub Total TOTAL 400.00 $ 400.00 250.00 $ 250.00 150,00 $ 150.00 $ 800.00 200.00 $ 200.00 150.00 $ 150.00 $ 350.00 $ 3,000.00 ,Applied Ecological Services, Inc. —CONFIDENTIAL Page 2 Revised: 4/10/2015 Agenda Information Memo August 3, 2015 Eagan City Council Meeting CONSENT AGENDA N. Boulder Lakes 3rd Addition Easement Vacation Action To Be Considered: Receive the petition to vacate a public drainage and utility easement over all of Outlot B, Boulder Lakes and schedule a public hearing to be held on September 1, 2015. Facts: ➢ On July 16, 2015, City staff received a petition from Gregory S: Miller, representing Interstate Partners, requesting the vacation of an existing drainage and utility easement over all of Outlot B, Boulder Lakes 3rd Addition, north of Lone Oak Road and east of Ames Crossing Road, in northeast Eagan. ➢ The purpose of the request is to allow the recording of a final plat of the property for the Boulder Lakes development. ➢ The request would vacate the platted drainage and utility easement over all of Outlot B and is necessary for the proposed development and will be dedicated to the City where appropriate in conjunction with the Boulder Lakes 3rd Addition plat. ➢ The approval of the plat for the Boulder Lakes 3rd Addition will be scheduled for council consideration at a future City Council meeting. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments: (2) CN -1 Location Map CN -2 Legal Description Graphic DOTA HEIGHTS EASEMENT 1 VACATION ; LOCATION e 0 (D ' K U) U) 0 U W � Q LONE OAK RD. i 1 i NWy 1 0 55 I Q / i o z X ' W e J I YANKEE DOODLE RD. e h � e W e � � I e i O C�7 W WESCOTT ROAD i I e e I e Proposed Easement Vacation City of Evan Outlot B, Boulder Lakes 7/17/2015 Of'rNF<wIK SLR 114 MM Or OF m e r 0, 9 u N69'W04'W 1334.88 Ali UMIY coo- _ I _19_ A _ I5 4,69 II I � I �ORR I _ �9 90I 1 90 fia8� � � I I i N r OF r a 1 1 +u / o � � _ WET OUTLOT B 40 a a r-1 I 1 rr� C) �/ I I" 1 O `I C ,y, / yr �'• >r /��/1 tMU OF _. �. arj., H' y�09S/ mel ti • �� •WET LMD1 O ` NB9 s4z5 �J I 186:71 �zzo:� =a Epi I � I I IN J. 6R \ a _ p__ LONE OAK ROAD - LL-- — NB9'S9'25'E 7,0.97 ; A,W o 540.091 g " .S.A,M. NO. '26 N (L.ONE OAK RD.),, — — 5 f�9�nn N89'"25"E 1326.63 ¢p1'�"`� • f»' s ul/uy�caaslaxc.rPI.aR6c.'� {L< , a. WL 26 (LONE mwrr�u. II'— LIAF:. E:,I Ifs I I I.t r -^ ♦ r� r. n rCel \Y/ ~ `— I Proposed Easement Vacation City of Eagan Proposed Easement Vacation Fig 2 Agenda Information Memo August 3, 2015 Eagan City Council Meeting CONSENT AGENDA O. Telecommunications Lease Amendment Agreement — T -Mobile Action To Be Considered: Approve a telecommunication lease amendment with T -Mobile Central LLC, for antenna upgrade installations on a designated water reservoir site and authorize the Mayor and City Clerk to execute all related documents. Facts: The City has received an application from T -Mobile Central LLC for the upgrade of wireless communication system antennas on the following water reservoir site: Sperry Water Tank —1420 Towerview Road ➢ The application has been reviewed by the City's Engineering Consultant, Radio Communication Consultant, City Attorney's Office and Public Works Department personnel and found to be consistent with other past lease agreements and in order for favorable Council consideration. Attachments: (0) Agenda Information Memo August 3, 2015 Eagan City Council Meeting CONSENT AGENDA P. Project 1208, Seneca Waste Water Treatment Plant Water Reuse Action To Be Considered: Authorize the preparation of a feasibility study to investigate the potential for water reuse at the Seneca Waste Water Treatment Plant (Project 1208). Facts: ➢ The City of Eagan and Metropolitan Council Environmental Services (MCES), through the assistance of a University of Minnesota capstone project by senior civil engineering students, are prepared to evaluate the feasibility of using reclaimed water from MCES' Seneca Wastewater Treatment Plant (WWTP) to shift non -potable use demand (such as irrigation, cooling, industrial process/production waters or fire suppression) from the City's potable supply (treated groundwater) to reclaimed water. ➢ The project's goals are to potentially reduce water costs for end-users and improve regional source water sustainability. The study will consider the potential for future expansion of the reclaimed water system to nearby areas in the City. ➢ The study's focus area is north of Highway 13 between Cedar Ave and Interstate 494. ➢ The estimated feasibility report costs of $70,000 would be shared by the City and MCES with the anticipation of additional funding sources if a project were to move forward. Attachments: (1) CP -1 MCES Memorandum of Agreement MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF EAGAN AND METROPOLITN COUNCIL ENVIRONMENTAL SERVICES FOR A WATER REUSE FEASIBILITY STUDY This memorandum outlines a cooperative effort between the City of Eagan (City) and Metropolitan Council Environmental Services (MCES) to complete a Reuse Feasibility Study. The study is envisioned as a 3 -part effort as described below. Part A. Potential Uses, Users, and Reclaimed Water Distribution System • Consultant services for Part A would be contracted by and lead by the City • MCES would participate in Part A as a key stakeholder • A draft scope of work for Part A is attached below • The City's consultant shall document its results for Part A in 2 technical memoranda (see below) Part B. Reclaimed Water Quality and Treatment Requirements • Consultant services for Part B would be contracted by and lead by MCES • The City would participate in Part B as a key stakeholder • A draft scope of work for Part B is attached below • MCES' consultant shall document its results for Part B in a technical memorandum (see below) Part C. Consolidated Feasibility Study Report • MCES, with input from the City, will compile the technical information and memoranda prepared by the consultants in Parts A and B into a consolidated Feasibility Study Report • The report will undergo review and approval by the City and MCES prior to being finalized Anticipated Schedule • By mid-July: Finalize memorandum of agreement and consultant scopes of work • Early August: Initiate consultant work orders • August — mid-November: Work progresses with coordination between Part A and Part B efforts and with meetings as needed with regulatory agencies • By mid-November: Consultants complete draft deliverables • Mid -November — mid-January: MCES, with input as needed from the City, produces draft consolidated report • Early 2016: Review of draft report • By March 2016: Finalize consolidated report Part A. Potential Uses, Users, and Reclaimed Water Distribution System This task would be contracted by and lead by the City of Eagan The City of Eagan and Metropolitan Council Environmental Services (MCES) are evaluating the feasibility of using reclaimed water from MCES' Seneca Wastewater Treatment Plant (WWTP) to shift non -potable use demand (such as irrigation, cooling, or industrial process/production waters) from the City's potable supply (treated groundwater) to reclaimed wastewater in a specific area of the City. The project's goals are to potentially reduce water costs for end-users and to improve regional source water sustainability. The study's focus area is north of Highway 13 between Cedar Ave and Interstate 494. Alternatives considered during the study should consider the potential for future expansion of the reclaimed water system to nearby areas in the City. Tasks Identify potential reclaimed water uses and users • Using readily -available information sources such as City water use data and DNR water use databases, survey the project area to determine potential uses and users of reclaimed water. • With City and MCES, meet with key potential reclaimed water users such as Blue Cross/Blue Shield • Determine water quality requirements for potential uses and users • Determine water demand requirements for potential uses and users • Meet with City of Eagan and MCES and its consultant in a workshop to review the findings • With City and MCES and its consultant, meet with regulatory agencies, including MPCA, MDNR, and MDH, to identify regulatory requirements • Revise findings as needed based on the workshop, regulatory, and stakeholder meeting • Document the task results in a tech memo Reclaimed water distribution system • Determine reasonable clusters of users or uses to develop reasonable methods for delivering reclaimed water. Review methods with key potential reclaimed water users. • Develop distribution system alternatives, including the size and length of reclaimed water conveyance piping, pumping needs, storage, potential routes, etc. • Develop capital and C&M cost estimates for the reclaimed water system alternatives • Meet with City of Eagan and MCES and its consultant in a workshop to review the alternatives and select a concept • Revise and finalize the reclaimed water distribution system concept based on workshop results • Document the task results in a tech memo Timeframe • By August 1: Initiate consultant work order • August — mid-November: Work progresses with coordination between Part A and Part B efforts and with meetings as needed with regulatory agencies • By mid-November: Consultant completes draft deliverables 14 Part B. Reclaimed Water Quality and Treatment Requirements, Alternatives, and Costs This task would be contracted by and lead by MCES The City of Eagan and Metropolitan Council Environmental Services (MCES) are evaluating the feasibility of using reclaimed water from MCES' Seneca Wastewater Treatment Plant (WWTP) to shift non -potable use demand (such as irrigation, cooling, or industrial process/production waters) from the City's potable supply (treated groundwater) to reclaimed wastewater in a specific area of the City. The project's goals are to potentially reduce water costs for end-users and to improve regional source water sustainability. The study's focus area is north of Highway 13 between Cedar Ave and Interstate 494. Alternatives considered during the study should consider the potential for future expansion of the reclaimed water system to nearby areas in the City. Tasks Gather existing water quality and quantity information about: o structure underdrain dewatering water o ' Seneca WWTP effluent water • Compare the existing information to the water quality needs of potential uses and users as identified in Part A, above. Table 1 presents typical information. • Determine alternatives for additional treatment required to meet water quality needs with both structure underdrain dewatering water and Seneca WWTP effluent. Alternatives to include "non-traditional" treatment alternatives such as the potential use of existing ponds to the northeast of the Seneca WWTP (ownership to be determined by MCES). This task includes investigating and reporting on the technical basis for wastewater reuse requirements set by the MPCA so that non-traditional treatment alternatives can be assessed and evaluated in comparison to the technical basis. • With MCES and the City of Eagan and its consultant, meet with regulatory agencies, including MPCA, MDNR, and MDH, to identify regulatory requirements • Meet with MCES and the City of Eagan and its consultant in a workshop to review the treatment alternatives • Revise and finalize the treatment alternatives based on the results of the regulatory meeting and the alternatives workshop • Estimate capital and O&M costs for the selected treatment concept for: o structure underdrain dewatering water o Seneca WWTP effluent water • Document the task results in a tech memo Timeframe • By August 1: Initiate consultant work order • August — mid-November: Work progresses with coordination between Part A and Part B efforts and with meetings as needed with regulatory agencies • By mid-November: Consultant completes draft deliverables 3 Table 1. Water Quality: Seneca Effluent & Reclaimed Water Use Requirements Parameter Units Seneca Effluent Toilet Flushing Irrigation Total Coliform (Nov - March) MPN/100mL 2400 2.2 2.2 Total Coliform (April - October) MPN/100mL 30 2.2 2.2 Turbidity NTU 3 2 2 CBOD mg/L 3.3 5 5 TSS mg/L 3.1 30 10 Total Nitrogen mg/L N/A 10 1.1 Phosphorus mg/L 0.8 1 1 TDS mg/L 1326 n/a 450 Chlorides mg/L 285 500 100 SIGNATURES Bryce Pickart, P.E. Date Assistant General Manager Metropolitan Council Environmental Services City of Eagan Date Agenda Information Memo August 3, 2015 City Council Meeting CONSENT AGENDA R. Approve A Resolution To Accept A Grant From The Farmer's Market Coalition For Eagan Market Fest and Direct The Acting Mayor and City Clerk To Sign The Appropriate Document. Action To Be Considered: To approve a resolution to accept a grant from the Farmer's Market Coalition of $2,000 plus program supplies for Eagan Market Fest and direct the Acting Mayor and City Clerk to sign the appropriate document. Facts: ➢ At their July 21, 2015 meeting the City Council approved the submission of an application for a POP: Power of Produce Grant for Eagan Market Fest. ➢ The City of Eagan was notified that the Eagan Market Fest was awarded a grant of $2,000 and in-kind programming supplies. The grant funding will support the following activities: o $2,000 in produce vouchers to give to kids who participate in healthy eating programming at Eagan Market Fest on designated dates. o In-kind programming supplies to be used to implement healthy eating activities at Eagan Market Fest. o Programming activities will take place in August & September, 2015 at Market Fest. o A budget adjustment of $2,000 into budget code 3061.4663, Market fest donations, is necessary as the grant was not a budgeted item. Attachments: (2) CR -1 Resolution CR -2 Contract CITY OF EAGAN RESOLUTION TO ACCEPT A CASH & IN-KIND GRANT FROM THE FARMERS MARKET COALITION AND DIRECT THE MAYOR AND CITY CLERK TO SIGN THE APPROPRIATE DOCUMENT WHEREAS, Eagan Parks and Recreation applied for a POP: Power of Produce Grant from The Farmers Market Coalition authorized by Eagan City Council on July 21, 2015 WHEREAS, The Farmers Market Coalition chose the City of Eagan as a grant recipient and notified the City of Eagan on July 23, 2015; and WHEREAS, The Farmers Market Coalition sought out local farmers markets to coordinate healthy eating initiative programming for children; and WHEREAS, The Farmers Market Coalition will provide up to $2,000 in produce vouchers and programming supplies for children participating in POP: Power of Produce programming at the Eagan Market Fest; WHEREAS, a budget adjustment increase of $2,000 is necessary in budget code 3061.4663, Eagan Market Fest Donations. NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the grant funding of $2,000 for produce vouchers and programming supplies and budget adjustment made into budget code 3061.4663. Motion made by: Seconded by: Those in favor: Those against: Dated CITY OF EAGAN CITY COUNCIL By: Acting Mayor Attest: City Clerk CERTIFICATION I, Christina M. Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of August, 2015. City Clerk Power of Produce (POP) Club Farmers Market Education Program 2015 Sponsorship Participation Agreement Rules for Participation You have been chosen to participate in the 2015 Power of Produce (POP) Club Sponsored by Chipotle Mexican Grill and the Farmers Market Coalition. Should you accept this invitation to participate, you must agree to the following rules of the Program. Please sign the last page of this Participation Agreement and return via email to liz@farmersmarketcoalition.org, with a complete W-9 form to indicate your acceptance of these rules and conditions. You will not be eligible to participate in any portion of the Bonus Prize Program and no stipend payments will be made until we (1) receive your signed agreement, (2) receive a completed w-9, and (3) confirm that FMC membership will be up to date through the duration of the program. PROGRAM DESCRIPTION: POP Club The Power of produce (POP) Club empowers children to make healthy food choices by engaging them in educational activities at the farmers market, and putting buying power directly into their hands. The program gives children market currency to spend on fresh produce every time they participate in a POP Club activity. POP Club provides a fun opportunity for children to engage in the local food system through conversations directly with farmers, educational games and demonstrations, and exposure to new fruits and vegetables. Chipotle Mexican Grill ("Chipotle") is providing each sponsored market $2,000 in vouchers for POP Club participants, as well as educational and promotional materials. Sponsored markets will be expected to host at least 4 weeks of POP Club programming on dates of their choosing anytime in August and September of 2015. Each POP Club event will have two major components- a children's activity, and vouchers for children to buy fruit, vegetables, or plants at the farmers market the day that the vouchers are issued. There is no limit on the number of programs you may do during any month. As a participant in the POP Club Sponsorship, you agree to provide two reports on the POP Club Sponsorship at your market. Activities: The children's activities provided to the market by Chipotle Mexican Grill are: ® Week 1: Grow Pots Week 2: Salsa recipe cards Week 3: Activity Books Y Week 4: Farmers Market Scavenger Hunt Cards Note: Markets may do the activities in the order that they choose. farmersmarketcoalition.org Vouchers: $5 Vouchers will be provided by Chipotle for children to buy fruit, vegetables, or plants at the farmers market the day that the vouchers are issued. The market manager is responsible for reimbursing vendors at the market for the vouchers used. Sponsored markets will be provided with funds to cover the costs of the total voucher amount at the beginning of the program. Reporting: Participants will provide monthly reports to FMC that include: A minimum of 5 Photos of the program A minimum of 5 Quotes from organizers, parents, and/or children Anecdotal Feedback from parents/Children Data about the program including the Number of children that participated in the POP Club each week Reports are due on August 31 and September 30, 2015. They can be emailed to liz@farmersmarketcoalition.org. In addition to the reports on those deadlines, you may share stories and photos with us throughout the program (not required). You are responsible for obtaining a photo release for the children and adults in the report photographs. Bonus Program: The reports will be used to choose 3 markets each month to receive a bonus prize of $500 (6 markets total during the two month program). Determination of winners will be made in the sole discretion of the Judges and the Judges' decisions are final. Ownership and Use of Materials. As a condition to your participation in the Program, you agree to and hereby do assign to Chipotle Mexican Grill and the Farmers Market Coalition exclusively all rights, title and interest in and to the submitted materials, including but not limited to all copyright and intellectual property rights, and you grant to Chipotle Mexican Grill and Farmers Market Coalition its assigns, agents and licensees, the unconditional right and permission to use the submitted materials (with or without your name) in any and all media throughout the world (whether now known or discovered in the future) for any purpose .(including, without limitation the advertising, marketing and promotion of Chipotle Mexican Grill or Farmers Market Coalition products), without limitation as to time or territory, and without additional review, compensation or approval from you or any other party. You hereby waive all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude Chipotle Mexican Grill and Farmers Market Coalition's use of the submitted materials, and agree not to sue or assert any claim against Chipotle Mexican Grill or Farmers Market Coalition or any third party for using the materials pursuant to Farmers Market Coalition permission ("Permitted Users"). farmersmarketcoalition.org Indemnity. In addition, you agree to indemnify and hold harmless Chipotle Mexican Grill and Farmers Market Coalition and all Permitted Users from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against Chipotle Mexican Grill or Farmers Market Coalition or any Permitted User due to or arising out of the materials submitted by you (i) based on the use of such materials by Chipotle Mexican Grill and Farmers Market Coalition or a Permitted User as authorized herein, or (ii) your conduct in creating the materials or otherwise in connection with your participation in these monthly challenges, including but not limited to claims for personal injury or property damage, trademark infringement, copyright infringement; violation of an individual's right of publicity or right of privacy; or defamation. Limit of Liability, Arbitration and Choice of Law: Except where prohibited by law, as a further condition of participating in the Program, you agree that (a) any and all disputes and causes of action arising out of or connected with this Program and/or these challenges shall be resolved individually, without resort to any form of class action, and exclusively, by final and binding arbitrations under the rules of the American Arbitration Association ("AAA"); (b) the Federal Arbitration Act shall govern the interpretations, enforcement and all proceeding at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstance will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney's fees, and you further waive all rights to have damages multiplied or increased. All federal, state, local and other tax liabilities, resulting from the grants and stipends awarded to you under the Program and any additional prizes are your sole responsibility. Name & Organization City of Eagan - Eagan Market Fest Location 3830 Pilot Knob Road Eagan, MN 55122 Signature - Acting Mayor Date: Signature - City Clerk X Date: farmersmarketcoalition.org Agenda Information Memo August 3, 2015, Eagan City Council Meeting d9L694019-I LC14►G7_1 S. Approve Extension of Final Subdivision for Case Estates — KJ Walk, Inc. Action To Be Considered: To approve a 60 -day extension to the Final Subdivision approvals for property located at 540 Diff ley Road. Facts: ➢ The City Council approved the Final Subdivision on June 2, 2015 to create ten lots upon approximately 4.5 acres. ➢ City Code requires that the Final Plat be filed with the County Recorder within 60 days of City Council approval. ➢ The applicant has had difficulty obtaining all the necessary consents to record the plat within the 60 -day time frame. ➢ The applicant has requested additional time to record the plat, extending the deadline for recording to October 1, 2015, Issues: None Attachments: (2) CS -1 Location Map CS -2 Letter of request for extension 6001 Egan Drive Suite 100 Savage, 'MN 55378 ------------- To: City of Eagan From: KI Walk, Inc. 3830 Pilot Knob Road 6001 Egan Drive Eagan, MN 55122 Suite 100 Savage, MN 55378 Date: 7/20/2015 Project Name: Case Estates Re: Final Plat Extension City of Eagan, We are requesting a 60 extension of the approval of the final plat for Case Estates. The land owner is still working with the bank to obtain the documents acceptable to Dakota County authorizing the platting of the property. It is our hope that the plat will be recorded soon, and we are doing our best to expedite the processes, however large banks are sometimes challenging to work with, especially in circumstances that they do not often deal with. Cordially, Warren Israelson, CE© Agenda Information Memo August 3, 2015 Eagan City Council Meeting CONSENT AGENDA T. Contract 15-19, Yankee Doodle Road/ Promenade Avenue Signal Pole -Mast Arm Materials Action To Be Considered: Receive the bids and award Contract 15-19 (Yankee Doodle Road/Promenade Avenue Signal Pole -Mast Arm Materials Purchase), to Liteco, Inc., for the bid amount of $113,821.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On February 3, 2015, a public hearing was held for Project 1174, Yankee Doodle Road/ Promenade Avenue Intersection Improvements, and the project was approved. ➢ Contract 15-19 provides for the advance purchase of traffic signal poles and mast arm materials for the Yankee Doodle Road (CSAH 28)/Promenade Avenue intersection as a joint project between the City and Dakota County, and in conjunction with City Contract 15-15 (Yankee Doodle Road/ Promenade Avenue/ O'Leary Lane Intersection Improvements), awarded to S.M. Hentges on July 21, 2015. ➢ At 10:30 a.m. on July 30, 2015, formal bids 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 of Liteco, Inc. have been reviewed by Public Works staff and found to be in order for favorable Council action. Attachments: (1) CT -1 Bid Summary BID SUMMARY CITY CONTRACT NO 15-19 CITY PROJECT 1174 YANKEE DOODLE ROAD/ PROMENADE AVENUE Traffic Signal Poles, Mast Arms and Luminaire Davits Materials Purchase Bid Date/ Time: 10:30 a.m., Thursday, July 30, 2015 Contractors Total Base Bid 1. Liteco, Inc. $1 3,821.00 2. Graybar Electric $ 114,505.91 Cost $113,821.00 $130,000 -12.4% Agenda Information Memo August 3, 2015, Eagan City Council Meeting CONSENT AGENDA U. Approve Premise Permit for the Apple Valley Hockey Association to conduct lawful gambling at La Fonda de los Lobos, 3665 Sibley Memorial Highway Action To Be Considered: To adopt a resolution approving a Premise Permit for the Apple Valley Hockey Association to conduct lawful gambling at La Fonda de los Lobos, 3665 Sibley Memorial Highway Facts: ➢ Randell Olson, Gambling Manager of the Apple Valley Hockey Association, has applied for a premise permit to conduct a pull -tab, bingo, and tipboard operation at La Fonda de los Lobos, 3665 Sibley Memorial Highway. ➢ The Police Department has conducted a background investigation and found no reason to deny the application. Attachments: (1) CU -1 Resolution RESOLUTION NO. _ CITY OF EAGAN PREMISE PERMIT FOR THE APPLE VALLEY HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT LA FONDA DE LOS LOBOS WHERAS, the Apple Valley Hockey Association has applied for a premise permit for a lawful gambling operation La Fonda de los Lobos, 3665 Sibley Memorial Highway (Highway 13); 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 Apple Valley Hockey Association application for a premise permit at La Fonda de los Lobos, 3665 Sibley Memorial Highway (Highway 13). Motion by: Seconded by: Those in favor: Those against: Date: August 3, 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 3rd day of August, 2015. City Clerk Agenda Information Memo August 3, 2015, Eagan City Council Meeting PUBLIC HEARINGS A. 2016-2020 Facilities Capital Improvement Plan Action to be Considered: To close the public hearing and approve the 2016-2020 Facilities Capital Improvement Plan. Facts: ➢ At its June 9 special meeting, the City Council directed staff to proceed with preparation of a 2016-2020 Facilities Capital Improvement Plan (CIP) for consideration by the Council. The CIP is comprised of the following projects, which are estimated to total $24,259,296: o New Fire Station 1, to be constructed in 2016 ($5,732,418); o Central Maintenance facility expansion/remodel, to be constructed in two phases in 2016 and 2018 ($9,214,113 total); and o City Hall and Police facility expansion/remodel, to be constructed in 2018 ($9,312,765). ➢ If the projects are approved, they would be financed by capital improvement bonds, as provided for under Minnesota Statutes, Section 475.521. ➢ With the Central Park/Community Center bonds being paid off after the 2020 levy, and by reducing the annual levy to pay back internal borrowing for the two "ring road" bridges over 1-35E and extending that levy three years, the City can issue the proposed capital improvement bonds without increasing the total capital -related levy. In other words, authorizing these projects will not cause a taxpayer's property taxes to go higher than they currently are. ➢ The statute requires that a properly noticed public hearing be held to approve the CIP. At its July 7 meeting, the City Council set August 3 as the public hearing date. Notice of the hearing was published on July 17. ➢ A simple majority of the City Council is required for approval. ➢ The CIP document has been posted on the City's website since July 10. ➢ To date, the Finance Department has received no questions or comments on the proposed CIP. ➢ Under MS section 475.521, bonds issued for a Capital Improvement Plan are subject to a reverse referendum. If a petition requesting a vote on the issuance of bonds is signed by at least 1,315 voters (5% of the votes cast in the last general election), and that petition is received by September 2 (30 days after the public hearing), then voter approval by way of an election would be required to issue the bonds. Attachments: (2) PHA -1 2016-2020 Facilities Capital Improvement Plan PHA -2 Minnesota Statutes, Section 475.521 Table of Contents 1. INTRODUCTION....................................................................................... 3 II. PURPOSE.................................................................................................3 III. CAPITAL IMPROVEMENT PLANNING PROCESS........................................4 IV. PROJECTS SUMMARY..............................................................................5 V. FINANCING THE CAPITAL IMPROVEMENT PLAN......................................12 ESTIMATED PROJECT COSTS...........................................APPENDIX A FINANCING PLAN...........................................................APPENDIX B SOURCES AND USES SCHDULES......................................APPENDIX C Page 2 City of Eagan, Minnesota Facilities Capital Improvement Plan 2016-2020 I. INTRODUCTION The Eagan City Council wishes to complete certain facilities capital improvement projects over the next five years, financed in large part by bonds to be repaid through ad valorem tax levies. Minnesota Statutes, Section 475.521 "Capital Improvement Bonds" generally exempts, under certain conditions, municipalities issuing bonds under a capital improvement program from the referendum election requirement of Section 475.58. The facilities will also be funded in part by cash appropriations. The City also prepares separate Capital Improvement Plans for its parks system, its streets and utilities infrastructure, and its vehicles and equipment. Those plans are not included in this document. II. PURPOSE A capital improvement as defined by MS Section 475.521 is an "acquisition or betterment of public lands, buildings, or other improvements for the purpose of a city hall, town hall, library, public safety facility, and public works facility," with a useful life of 5 years or more. Capital improvements under the Statute do not include light rail transit or related activities, parks, road/bridges, administrative buildings other than city or town hall, or land for those facilities. This Facilities Capital Improvement Plan ("CIP") is a document designed to anticipate capital improvement expenditures and schedule them over a five- year period. As potential expenditures are reviewed, the benefits, costs, alternatives and impact on operating expenditures are considered as well. The CIP also matches expenditures with anticipated income. This CIP is intended to fully comply with the requirements of MS Section 475.521. Page 3 The City of Eagan (the "City") believes the capital improvement process is an important element of responsible fiscal management. Major capital expenditures can be anticipated and coordinated so as to minimize potentially adverse financial impacts caused by the timing and magnitude of capital outlays. This coordination of capital expenditures is important to the City in achieving its goals of adequate physical public assets, preservation of public assets and sound fiscal management. Good planning is essential for the wise and prudent use of limited financial resources. The CIP is designed for an annual update. In this manner, it becomes an ongoing fiscal planning tool that continually anticipates future capital expenditures and funding sources. III. CAPITAL IMPROVEMENT PLANNING PROCESS The capital improvement planning process is as follows: • City Council authorizes the preparation of the CIP. • City staff assembles the capital expenditures to be undertaken within the next five years, as well as potential financing and revenue sources. • City Council then reviews the expenditures according to their priority, fiscal impact, and available funding. From this information, a preliminary CIP is prepared. • City Council conducts a public hearing on the CIP to solicit input from citizens, local business owners, and other interested parties. Changes may be made based on that input, and a final project list is established. • City Council then prepares a CIP based on the available funding sources. If general obligation bonding is necessary, the City works with its financial advisor and bond attorney to prepare a bond sale and repayment schedule. Once the funding becomes available, including proceeds from the bond sales, the individual capital expenditures can be made. In subsequent years, the process of updating the plan to cover the next five years is repeated. For the City to use its authority to finance expenditures under Section 475.521, it must meet the requirements provided therein. Specifically, the City Council Page 4 must approve the sale of capital improvement bonds by three-fifths majority. In addition, it must hold a public hearing for public input. Notice of such hearing must be published in the official newspaper of the municipality at least 14, but not more than 28 days prior to the date of the public hearing. In addition, the notice may be posted on the City's official web site. The governing body considers adoption of the CIP following the public hearing. Although a referendum is not required, a reverse referendum is allowable. If a petition bearing the signatures of at least 5 percent of the votes cast in the last general election requesting a vote on the issuance of bonds is received by the municipal clerk within 30 days after the public hearing, a referendum vote on the issuance of the bonds shall be called. If a vote is taken and the referendum passes, the taxes would be levied on market value rather than tax capacity. IV. PROJECTS SUMMARY The expenditures to be undertaken with this Facilities CIP are limited to those listed below. Other public improvement projects, including streets, utilities and parks projects, as well as vehicles and equipment purchases, are considered in other Eagan CIP plans. The following expenditure estimates have been submitted for inclusion in this CIP: 2016 Estimated Expenditures • New Fire Station 1 construction: $5,732,418 • Central Services Maintenance remodel/expansion—Phase 1: $5,182,341 2018 Estimated Expenditures • Central Services Maintenance remodel/expansion—Phase 2: $4,031,772 • City Hall and Police remodel/expansion: $9,312,765 The total of these projects is $24,259,296. Page 5 Per requirements of the Statute, the City must consider the following criteria for each project and the overall plan: 1. Condition of the City's infrastructure and need for the project 2. Demand for the improvement 3. Cost of the improvement 4. Availability of public resources 5. Level of overlapping debt 6. Cost/benefit of alternative uses of funds 7. Operating costs of the proposed improvements 8. Options for shared facilities with other cities or local governments Findings are as follows: New Fire Station 1 1. Condition of City's infrastructure and need for the proiect —This project will result in reducing the number of Eagan fire stations from five to three. The project contemplates consolidating three existing fire stations (#s 1, 3 and 5) into a new fire station, located at the corner of Blackhawk and Diffley Roads near 1-35E, where full-time and duty crew firefighters can be housed, and have easy freeway access to reduce response times. As the number of volunteer firefighters continues to dwindle, there are not enough to fully staff five fire stations. Expansion or remodeling of any of the existing three fire stations in the western part of the city is not feasible, and none of them are ideally located for fast response times to the entire western half of the city. 2. Demand for the improvement —The dwindling count of volunteer firefighters dictates the need for consolidation. The proposed new location, along with the potential for firefighters to be located at the station instead of having to drive to it when calls come in, should also result in improved response times to most addresses in its vicinity. 3. Cost of the improvement— In 2013, the City landbanked the property on which the proposed fire station will be constructed. The property cost was $625,000. The original architect plans had an estimated project cost of Page 6 $6,741,505. Through staff review, $1,009,087 in costs have been cut from the original plans, reducing the estimated cost of construction to $5,732,418. 4. Availability of public resources — The City will attempt to sell Fire Station 5 in the southwestern part of the City. Proceeds from the sale would reduce the net overall project cost. The City does not own the property on which Fire Station 3 sits, so it is not able to sell it. The existing Fire Station 1 property is in a residential area with very limited possibilities for reuse if not for a public purpose. If it were demolished and the property sold, the City would net little, if anything, from the sale. In addition, the City Council has instructed staff to place on its agenda the authorization to utilize $3.1 million in excess General Fund balance to reduce the amount of the bonds required for the projects in this CIP. 5. Level of overlapping debt — The City's current debt profile is considered low. Moody's and Standard and Poor's have both cited Eagan's low debt levels as support for their AAA/Aaa ratings (highest possible on their scales). Direct City debt and overlapping debt of the Eagan school districts, Dakota County and Metropolitan Council as of December 31, 2014 is as follows: Currently, the City is levying to pay back bonds on the Community Center and to pay back funds borrowed internally for construction of Northwood Parkway and Duckwood Drive bridges over 1-35E, as well as a pedestrian bridge related to a center -running bus rapid transit stop at the Cedar Grove Page 7 Estimated Estimated Share of Debt Percentage Overlapping Governmental Unit Outstanding Applicable Debt Overlapping Debt School Districts: I.S.D. No, 191 - Burnsville $ 103,405,000 11.7 % $ 12,098,385 I.S.D. No. 196 - Rosemount/AV/Eagan 96,477,253 32.9 31,741,016 I.S.D. No. 197 - West St Paul 55,305,000 32.3 17,863,515 Dakota County 26,565,000 16.5 4,383,225 Regional: Metropolitan Council 21,040,000 2.2 462,880 Subtotal, Overlapping Debt 66,549,021 Direct Debt City of Eagan 14,195,000 100.0 14,195,000 Total Direct and Overlapping Debt $ 80,744,021 Currently, the City is levying to pay back bonds on the Community Center and to pay back funds borrowed internally for construction of Northwood Parkway and Duckwood Drive bridges over 1-35E, as well as a pedestrian bridge related to a center -running bus rapid transit stop at the Cedar Grove Page 7 Transit Station. Those two levies are set to expire in the next few years. The debt for this project and others in this CIP will be structured such that when the payments on the Community Center and bridges are done, the same amount or less will then be levied for these projects in this CIP. Essentially, the capital tax levy after the new bonds are issued is expected to be at the same level as, or less than, the current capital tax levy. 6. Cost/benefit of alternative uses of funds — The trend, both locally and nationally, is that it is getting harder every year to recruit and retain volunteer firefighters. The number of volunteer firefighters in Eagan has been dropping for several years and the trend is expected to continue. It is now difficult to staff five stations with volunteers. Consolidation of fire stations must be a part of the solution. As noted earlier, remodeling any of the existing Stations 1, 3, or 5 to accommodate full-time staff and duty crews stationed at the facilities is not feasible. To improve fire call response times, the City needs at least two stations that can house full-time and/or part-time duty crew staff to augment its volunteers. 7. Operating costs of the proposed improvements—Annual operating costs are estimated at $25,000 above current maintenance costs on the existing fire stations. 8. Options for shared facilities with other cities or local governments — As time is of the essence in any emergency, it is important to have stations that are strategically located to facilitate a fast response. Sharing existing facilities in other cities is not an option in responding to calls in a timely manner. It should be noted that Eagan has existing mutual aid agreements with all its neighboring cities in the case of calls that require a significant response and/or are of an extended duration. Such agreements will stay in place with the construction of the new fire station. Central Services Maintenance Remodel/Expansion 1. Condition of City's infrastructure and need for the proiect — This project will increase the useful life of City assets and improve operations efficiency by doubling the heated space for storage of vehicles and equipment, enhancing cold storage and salt storage, and adding a vehicle wash bay. Currently, with so much equipment packed into the existing facility space, drive-through lanes are blocked and many vehicles and pieces of equipment are inaccessible without moving one or more items. Worker safety and productivity will be improved by enhancing interior lighting and increasing employee work space for vehicle maintenance, sign shop, welding/fabrication, carpentry, and small engine repairs. In addition, the aging office space will be remodeled to achieve ergonomic improvements and meet ADA requirements. 2. Demand for the improvement —The existing maintenance facility was constructed in 1985 and expanded in 1989 when the City was at its peak of growth. The proposed project is the final phase of the original expansion plans. In order to attract and retain good workers, a safe and pleasant work environment that fosters productivity is desirable. 3. Cost of the improvement— Phase 1, originally estimated at a cost of $5,472,245, was reduced in scope through staff review by $289,904, lowering the revised Phase 1 cost to $5,182,341. Similar reductions proposed by staff have reduced the original Phase 2 cost of $4,514,562 by $482,790 to $4,031,772. Total cost of both phases is estimated at $9,214,113. 4. Availability of public resources — As noted in the Fire Station 1 discussion on page 7, the City Council has instructed staff to place on its agenda the authorization to utilize $3.1 million in excess General Fund balance to reduce the amount of the bonds required for the projects in this CIP. The $3.1 million specifically will reduce the amount of bonds to be issued for project work scheduled in 2016—that is, the new fire station and Phase 1 of this maintenance facility. In addition, $1.25 million of the Central Services Maintenance facility project costs are related to public utilities, and will be funded by the Public Utilities enterprise fund, further reducing the amount of bonds to be issued. Page 9 5. Level of overlapping debt – See comments in the Fire Station 1 discussion on page 7. 6. Cost/benefit of alternative uses of funds – One alternative use of funds would be to not do anything and, thus, reduce property taxes. This may result in a deterioration of services to the citizenry over the years, as well as higher vehicle and equipment costs due to greater exposure to the elements. Doing nothing will likely decrease worker safety. Another alternative would be to hire additional maintenance staff to make up for the inefficiencies and unproductivity resulting from current conditions. In addition, more frequent purchases of vehicles and equipment would be required because their useful lives would be shorter if the equipment is not garaged. Generally, the Council believes it is in the best interests of the public, the City's assets and City staff that the City be good stewards of its vehicles and equipment, and take reasonable steps to protect and care for its workers. 7. Operating costs of the proposed improvements –Annual operating costs for building maintenance are estimated to increase $9,400 after the proposed improvements are made. 8. Options for shared facilities with other cities or local governments – The maintenance facility is essential to City operations, When snow and ice create hazardous road conditions, it is important to have a local base for snowplows so that they can readily access city streets. It would be impractical to share such facilities with another city. City Hall and Police Remodel/Expansion 1. Condition of City's infrastructure and need for the project –This 2018 project will remodel the workspaces in both City Hall and the Police Department to meet current staffing needs. Additional office space and meeting space will be created, as well as an expansion of both male and female locker rooms in the Police Department. Further, a garage for Police vehicles—which comprises one-half of the total project cost—will be built for the safety of Page 10 Police staff entering and Leaving the building and to protect and extend the useful lives of Police vehicles. The City Hall/Police facility was expanded in 1995 and was designed at that time with a 20 -year outlook. 2. Demand for the improvement — Compared to 20 years ago, much more of the business of today's Police Department involves detective work. For example, investigating stolen identities and internet crimes involves staff working in the office instead of patrolling the streets. As a result, the Police Department needs more office space than ever, and it appears the nature of crimes will continue this trend. In addition, as officers come and go from the building, there seems to be a greater risk to their safety than there was 20 years ago, hence the need for a secure garage facility. The needs of staff at City Hall have increased, too. The Information Technologies department has more than doubled in size since 1995. Communications staff has increased as well. 3. Cost of the improvement — The original estimate, including contingency and anticipated inflation through 2018, was $9,902,765. Staff has proposed reducing the size of the Police parking garage, resulting in a cost reduction of $590,000, which puts the revised project cost at $9,312,765. 4. Availability of public resources — At this time, no other sources of public funds have been identified other than a levy for debt service. This project is scheduled for 2018. In the event the General Fund accumulates funds over and above the City Council's established fund balance targets by 2018, such funds could potentially be utilized to reduce the amount of borrowing required for this project. 5. Level of overlapping debt — See comments in the Fire Station 1 discussion on page 7. 6. Cost/benefit of alternative uses of funds — One alternative the City Council considered was utilization of the vacant Fire Administration building across the street from City Hall. It has been determined that if the Fire Administration building can be sold for a reasonable price, it will be less costly to add on to the proposed City Hall/Police expansion than to remodel Fire Administration to fit the City's space needs. Because the project is not Page 11 scheduled until 2018, the City will have the opportunity to try to sell the Fire Administration building in the meantime. If it does not sell before 2018, the Council may reconsider using it in lieu of a portion of the proposed building expansion. As with the proposed Central Services maintenance facility discussed on page 10, other alternatives include reduction of taxes for operations through reduced service levels, though that would likely be offset to some extent by more frequent purchase of vehicles and equipment because of their exposure to the weather. Again, the Council believes it is in the best interests of the public, the City's assets and City staff that the City be good stewards of its vehicles and equipment, and take reasonable steps to protect and care for its workers. 7. Operating costs of the proposed improvements — Annual operating costs for building maintenance are estimated to increase $39,000 as a result of the proposed improvements. 8. Options for shared facilities with other cities or local governments —As with the maintenance facility, the City Hall and Police facilities are essential to the residents and business who conduct business at the City and who receive the public protection of the Police Department. It is not feasible to share a City Hall or Police headquarters with another city at this point. V. FINANCING THE CAPITAL IMPROVEMENT PLAN The City Council has expressed its desire to maintain or reduce the current capital -related tax burden on a going -forward basis; the Council does not want the non-operating tax levy to increase as a result of these CIP projects. Currently, two significant levies totaling about $2.3 million annually are set to expire in the near future. The $1.1 million annual levy for payment of the Community Center/Central Park bonds will expire in 2020. The $1.2 million annual levy to pay back internal loans for the 1-35E overpasses and the proposed Cedar Grove transit station pedestrian bridge is set to expire in 2018. By cutting the overpasses levy in half and extending it three more years, and with making Page 12 interest -only payments on the proposed bonds for a short time, the Council's goal of maintaining or reducing the overall non-operating tax levy can be achieved, assuming interest rates do not skyrocket in the near future. MS Section 475.521 places a maximum on the amount of annual debt service on all bonds issued under this authority to not equal or exceed 0.16% of the estimated market value of property in the municipality. For the City's 2014 estimated market valuation, this maximum annual debt service would be approximately $10.6 million. The projected debt service for bonds issued under this statute for the CIP is approximately $2 million. Appendix A itemizes the projects and associated cost estimates contemplated under this 2016-2020 Facilities CIP. Appendix B shows the financing plan, including the levy reductions from the two levies that will be expiring, and the levy impact of the new debt issues proposed for 2016 and 2018. The far right-hand column indicates the levy going forward will remain at $2.3 million annually through 2021 (including debt not issued under this statute) and then drop to $1.9 million thereafter (debt service for bonds issued under this statute). Appendix C is a schedule of Sources and Uses for the 2016 and 2018 bond issues based on current estimates. Continuation of the Capital Improvement Plan This Capital Improvement Plan should be reviewed annually by the City Council using the process outlined in this Plan. It should review proposed expenditures, make priority decisions, and seek funding for those expenditures it deems necessary for the City. If deemed appropriate, the Council should prepare an update to this Plan. Page 13 _"_\► MIT Estimated Project Costs 2016 2017 2018 2019 2020 New Fire Station 1 $ 5,732,418 - - - Central Services Maintenance expansion/remodel 5,182,341 - $ 4,031,772 - - Police and City Hall expansion/remodel - - 9,312,765 - - $ 10,914,759 - $13,344,537 - - Page 14 APPENDIX B Financing Plan Assumptions: 1) The 2016 Bonds finance net project proceeds of $6,517,759 2) Interest rates for the 2016 Bonds are current NBQ rates + 50bp 3) The 2018 Bonds finance net project proceeds of $13,344,537 4) Interest rates for the 2018 Bonds are current NBQ rates + 100bp 5) The 2018 Bonds have 3 years of capitalized interest with principal beginning in 2022 6) Debt service show n for the bridges/exchanges has been provided by the City 7) Debt service for the 2009B Bonds, 2016 Bonds and 2018 Bonds are show n at the 105% overlevy Page 15 Existing Debt Service Projected Future Debt Service Payment 20098 GO Fac Ref Bridges/ Total Existing $9,840,000 $15,175,000 Levy Year Date Bonds Exchanges Debt Service 2016 Bonds 2018 Bonds TOTAL 2014 02/01/2016 1,120,927.50 1,200,000.00 2,320,927.50 - 2,320,927.50 2015 02/01/2017: 1,119,615.00 612,000.00 1,731,615.00 180,287.18 1,911,902.18 2016 02/01/2018 1,122,765.00 624,420.00 1,747,185.00 520,844.63 2,268,029.63 2017 02/01/2019 1,124,970.00' 636,725.00 1,761,695.00 506,842.88 2,268,537.88 2018 02/01/2020 1,113,210.00 649,459.00 9,762,669.00 507,682.88` 2,270,351.88 2019 02/01/2021 1,119,300.00 662,448.00 1,781,748.00 486,696.00( 2,268,444.00 2020 02/01/2022 675,697.45 675,697.45 486,417.75 1,106,579.25 2,268,694.45 2021 02/01/2023 646,031.00 646,031.00 485,315.25< 1,137,003.00 2,268,349.25 2022 02/01/2024 488,759.25` 1,412,118.75; 1,900,878.00 2023 02/01/2025' 486,244.50 1,410,297.00 1,896,541.50 2024 02/01/2026 488,381.25 1,411,425.75' 1,899,807.00 2025 02/01/2027' 484,344.00 1,410,454.50 1,894,798.50 2026 02/01/2028; 485,079.00 1,412,554.50 1,897,633.50 2027 02/01/2029' 484,827.00 1,411,746.00 1,896,573.00 2028 02/01/2030 488,276.25 1,414,134.75 1,902,411.00 2029 02/01/2031 485,554.13 1,413,200.25 1,898,754.38 2030 02/01/2032 487,512.38 1,412,462.63 1,899,975.00 2031 02/01/2033 483,443.63 1,414,176.75 1,897,620.38 2032 02/01/2034 484,031.63 1,413,357.75 1,897,389.38 2033 02/01/2035 483,813.75 1,414,612.50' 1,898,426.25 2034 02/01/2036` 488,024.25 1,412,987.63' 1,901,011.88 2035 02/01/2037 485,940.00 1,419,579.00 1;905,519.00 Total' $6,720,787.50 $5,706,780.45 $12,427,567.95 $9,978,317.56 $22,026,690.00 $44,432,575.51 Assumptions: 1) The 2016 Bonds finance net project proceeds of $6,517,759 2) Interest rates for the 2016 Bonds are current NBQ rates + 50bp 3) The 2018 Bonds finance net project proceeds of $13,344,537 4) Interest rates for the 2018 Bonds are current NBQ rates + 100bp 5) The 2018 Bonds have 3 years of capitalized interest with principal beginning in 2022 6) Debt service show n for the bridges/exchanges has been provided by the City 7) Debt service for the 2009B Bonds, 2016 Bonds and 2018 Bonds are show n at the 105% overlevy Page 15 APPENDIX C $6,660,000 City of Eagan, Minnesota General Obligation Capital Improvement Plan Bonds, Series 2016 Option 3 - May 29, 2015 Sources & Uses Dated 04/01/20161 Delivered 04/01/2016 Sources Of Funds ParAmount of Bonds............................................................................................................................................. $6,660,000.00 CityCash Contribution............................................................................................................................................ 3,147,000.00 UtilityFunds............................................................................................................................................................ 1,250,000.00 TotalSources...................................................................................................................................................... $11,057,000.00 Uses Of Funds NewFre Station.................................................................................................................................................... 5,732,418.00 CSMPhase 1.......................................................................................................................................................... 5,182,341.00 Costsof Issuance.................................................................................................................................................. 75,000.00 Total Underwriter's Discount (1.000%)................................................................................................................ 66,600.00 RoundingAmount................................................................................................................................................... 641.00 TotalUses............................................................................................................................................................ $11,057,000.00 $15,175,000 City of Eagan, Minnesota General Obligation Capital Improvement Plan Bonds, Series 2018 Option 3 - May 29, 2015 Sources & Uses Dated 04/01/2018 1 Delivered 04/01/2018 Sources Of Funds ParAmount of Bonds............................................................................................................................................. $15,175,000.00 TotalSources.....................................................................................................................................................1 $15,175,000.00 Uses Of Funds Police/City Hall........................................................................................................................................................ 9,312,765.00 CSMPhase 2.......................................................................................................................................................... 4,031,772.00 Deposit to Capitalized Interest (CIF) Fund.............................................................................................................. 1,597,674.17 Total Underwriter's Discount (1.000%)................................................................................................................ 151,750.00 Costsof Issuance.................................................................................................................................................. 80,000.00 RoundingAmount................................................................................................................................................... 1,038.83 TotalUses............................................................................................................................................................ $15,175,000.00 Page 16 MINNESOTA STATUTES 20t4 475.521 475.521. CAPITAL IMPROVEMENT BONDS. Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given. (a) "Bonds" mean an obligation defined under section 475.51. (b) "Capital improvement" means acquisition or betterment of public lands, buildings or other im- provements for the purpose of a city hall, town hall, library, public safety facility, and public works facility. An improvement must have an expected useful life of five years or more to qualify. Capital improvement does not include light rail transit or any activity related to it, or a park, road, bridge, administrative building other than a city or town hall, or land for any of those facilities. For purposes of this section, "capital im- provement" includes expenditures for purposes described in this paragraph that have been incurred by a mu- nicipality before approval of a capital improvement plan, if such expenditures are included in a capital im- provement plan approved on or before the date of the public hearing under subdivision 2 regarding issuance of bonds for such expenditures. (c) "Municipality" means a home rule charter or statutory city or a town described in section 368.0 1, subdivision 1 or la. Subd. 2. Election requirement. (a) Bonds issued by a municipality to finance capital improvements under an approved capital improvements plan are not subject to the election requirements of section 475.58. The bonds must be approved by an affirmative vote of three-fifths of the members of a five -member governing body. In the case of a governing body having more or less than five members, the bonds must be approved by a vote of at least two-thirds of the members of the governing body. (b) Before the issuance of bonds qualifying under this section, the municipality must publish a notice of its intention to issue the bonds and the date and time of the hearing to obtain public comment on the matter. The notice must be published in the official newspaper of the municipality or in a newspaper of general circulation in the municipality. Additionally, the notice may be posted on the official Web site, if any, of the municipality, The notice must be published at least 14 but not more than 28 days before the date of the hearing. (c) A municipality may issue the bonds only after obtaining the approval of a majority of the voters voting on the question of issuing the obligations, if a petition requesting a vote on the issuance is signed by voters equal to five percent of the votes cast in the municipality in the last municipal general election and is filed with the clerk within 30 days after the public hearing. If the municipality elects not to submit the question to the voters, the municipality shall not propose the issuance of bonds under this section for the same purpose and in the same amount for a period of 365 days from the date of receipt of the petition. If the question of issuing the bonds is submitted and not approved by the voters, the provisions of section 475.58, subdivision la, shall apply. Subd. 3. Capital improvement plan. (a) A municipality may adopt a capital improvement plan. The plan must cover at least a five-year period beginning with the date of its adoption. The plan must set forth the estimated schedule, timing, and details of specific capital improvements by year, together with the estimated cost, the need for the improvement, and sources of revenue to pay for the improvement. In preparing the capital improvement plan, the governing body must consider for each project and for the overall plan; (1) the condition of the municipality's existing infrastructure, including the projected need for repair or replacement; Copyright © 2014 by the Revisor of Statutes, State of Mhmesota, All Rights Reserved. 475.521 MINNESOTA STATUTES 2014 2 (2) the likely demand for the improvement; (3) the estimated cost of the improvement; (4) the available public resources; (5) the level of overlapping debt in the municipality; (6) the relative benefits and costs of alternative uses of the funds; (7) operating costs of the proposed improvements; and (8) alternatives for providing services most efficiently through shared facilities with other municipalities or local government units. (b) The capital improvement plan and annual amendments to it must be approved by the governing body after public hearing. Subd. 4. Limitations on amount, A municipality may not issue bonds under this section ifthe maximum amount of principal and interest to become due in any year on all the outstanding bonds issued under this section, including the bonds to be issued, will equal or exceed 0.16 percent of the estimated market value of property in the municipality. Calculation of the limit must be made using the estimated market value for the taxes payable year in which the obligations are issued and sold, In the case of a municipality with a population of 2,500 or more, the bonds are subject to the net debt limits under section 475.53. In the case of a shared facility in which more than one municipality participates, upon compliance by each participating municipality with the requirements of subdivision 2, the limitations in this subdivision and the net debt represented by the bonds shall be allocated to each participating municipality in proportion to its required financial contribution to the financing of the shared facility, as set forth in the joint powers agreement relating to the shared facility. This section does not limit the authority to issue bonds under any other special or general law. Subd. 5. Application of this chapter, Bonds to finance capital improvements qualifying under this section must be issued under the issuance authority in this chapter and the provisions of this chapter apply, except as otherwise specifically provided in this section. History: 2003 c 127 art 12 s 16; ISp2003 c 21 art 10 s 11; 2005 c 152 art 1 s 27-30; 2013 c 143 art 12s15,16; art 14s99 Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Agenda Information Memo August 3, 2015 Eagan City Council Meeting OLD BUSINESS A. Minimum Maintenance Road Designation Nicols Road (Highway 77 to Highway 13) Action To Be Considered: Approve a resolution designating portions of Nicols Road (Highway 77 to Highway 13) as a "Minimum Maintenance Road", and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ In order to minimize the City's liability exposure, it is necessary to either bring Nicols Road up to current City standards, or designate the segments as "Minimum Maintenance Road" and post it as such with the added advisory of "Travel at Your Own Risk". ➢ MN Statute 160.095 provides for local agencies to designate low volume roadways under its jurisdiction as minimum maintenance if it determines that the road, or a segment or the road, is used only occasionally or intermittently for passenger and commercial travel. ➢ Two portions of Nicols Road (south of Silver Bell Road to Highway 13, north of CP railroad to Highway 77, see map attachment) meet the criteria of a minimum maintenance roadway. Recent traffic counts indicate vehicle traffic on the roadway of less than 100 vehicles per day. With the recent closure of Nicols Road/ Black Dog Road at the Xcel Energy power plant within Burnsville, traffic is anticipated to decrease further. ➢ Under this designation, winter snow and ice control will be provided on these segments, but pavement management, signing/pavement marking maintenance and roadside vegetation control will not continue. Regulatory signing and required railroad related signing/markings will continue to be maintained. ➢ The segment of Nicols Road north of Union Pacific Railroad provides emergency services access to the Minnesota River. The minimum maintenance designation has been reviewed with Eagan Police and Fire Departments, and is acceptable to both Departments. ➢ Mailed notice to adjacent property owners informing them of the proposed roadway designation was provided. One response received from Metropolitan Council — Environmental Services, owner of sanitary sewer facilities at 3725 Nicols Road, indicated that the minimum maintenance designation was acceptable, as long as winter maintenance is provided. ➢ The remainder of this section of Nicols Road (Silver Bell Road to CP Railroad) will continue to be maintained to full City standards, and will be considered for street rehabilitation improvements in 2016. Signs notifying roadway users of the minimum maintenance designation will be installed at each of these segments. Attachments: (1) OBA-1 Nicols Road —Sign Locations v_Iy �.om ♦ "+E r# r� Agenda Information Memo August 3, 2015 Eagan City Council Meeting OLD BUSINESS B. Ordinance Amendment - Relative to Liquor Sales Action To Be Considered: To approve an Ordinance Amendment to Chapter 11, Sections 11.30 and 11.60 relative to liquor sales and direct the City Attorney to publish a summary ordinance. To approve an Ordinance Amendment to Chapter 5 regarding Sunday sales, cocktail rooms, temporary on -sale liquor licenses, off -sale licenses and on -sale license storage requirements and direct the City Attorney to publish a summary ordinance. To approve a Resolution setting the fee for a Sunday off -sale growler license. Required Vote For Approval: Majority of Council Members Present Facts: ➢ The City Council directed staff to initiate amendments to the City Code to reflect recent updates to State Statute at its regular meeting of June 16, 2015. ➢ The amendments to City Code to accommodate these changes fall in Chapter 5 and Chapter 11. Amendments to Chapter 11 require the APC to hold a Public Hearing and make a recommendation to the City Council. As such, the APC reviewed only those amendments to Chapter 11. ➢ The City Attorney's office has prepared the draft ordinance language. ➢ The Advisory Planning Commission held a Public Hearing on July 28, 2015 and they are recommending approval of the amendments to Chapter 11. ➢ The ordinance amendments make the following changes: o Allow on -sale liquor licenses to serve alcohol on Sunday at 8 a.m. instead of 10 a.m. o Allow small breweries and brewpubs to sell growlers off -sale on Sundays via a City license. o Permit the issuance of a cocktail room license for microdistilleries. Cocktail rooms are areas within a microdistillery (small liquor manufacturer) where patrons may purchase drinks for consumption at the business. o Permit the issuance of temporary on -sale liquor licenses to small brewers and microdistilleries. o Permit the issuance of off -sale licenses to microdistilleries. ➢ At its July 7, 2015 meeting, the Council also directed preparation of an ordinance amendment to prohibit on -sale licenses from storing. alcohol so that it is directly accessible to customers. The proposed ordinance amendment includes that prohibition. ➢ The ordinance amendment and resolution also set license fees for the new license types. The proposed fees are consistent with those of similar alcohol licenses and were found to be comparable to other cities. The fees are: o Microdistillery Cocktail Room: $600 o Microdistillery Off -Sale: $200 o Sunday Growler Off -Sale: $50 Attachments: (5) OBB-1 Draft APC Minutes OBB-2 Staff report OBB-3 Chapters ordinance amendment OBB-4 Chapter 11 ordinance amendment OBB-5 Resolution Advisory Planning Commission July 28, 2015 Page 13 of 14 D. Liqour License Applicant Name: City of Eagan Location: Red Pine Lane and Hwy. 3 Application: Ordinance Amendment An Ordinance Amendment to City Code Chapter 11, Sections 11.30 and 11.60, relative to the purveying of alcohol. City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated July 15, 2015. Chair Filipi opened the public hearing. There being no public comment, Chair Fiiipi closed the public'hearing and turned the discussion back to the Commission. Member Vanderpoel stated she did not see a need for Sunday sales'•before 10:00 a.m. Member Sagstetter moved, Member Dierkes seconded a motion to recommend approval of an Ordinance Amendment to City Code Chapter 11, Sections 11.30 and 11.60, relative to the purveying of alcohol, subject to the following conditions: A vote was taken. Motion carried 4-1 (Vanderpoel). PLANNING REPORT CITY OF EAGAN REPORT DATE: July 15, 2015 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City-wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01 -OR -03-06-15 HEARING DATE: July 28, 2015 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to City Code Chapter 11, Sections 11.30 and 11.60, relative to the purveying of alcohol. BACKGROUND/HISTORY Prior to the 2011 legislative session, state law prohibited retails sales and consumption of adult beverages on the production premises. In 2013, the City Council approved an ordinance amendment allowing retail sales as an accessory use in the 1-1 and BP Zoning Districts. As such, the Eagan City Code provides for microbreweries and microdistilleries to have retail sales on site. A number of changes were made to liquor license statutes in the 2014 and 2015 legislative sessions. These changes included: ■ Allow on -sale liquor licenses to begin serving alcohol at 8 a.m. on Sunday instead of 10 a.m. Permit the issuance of a license for brewer taprooms and small breweries to sell growlers for off -sale consumption on Sundays. ■ Permit the issuance of cocktail room licenses. Cocktail rooms are areas within a microdistillery (small liquor manufacturer) where patrons may purchase drinks for consumption at the business. Planning Report —Ordinance Amendment July 28, 2015 Page 2 ■ Permit the issuance of temporary on -sale liquor licenses to microdistilleries for social events at their facilities. ■ Permit the issuance of off -sale licenses to microdistilleries for the sale of one 375 milliliter bottle per customer per day of product manufactured on site. City staff apprised the Council of these statute changes and they directed staff to initiate amendments to the City Code to reflect these updates at their regular meeting of June 16, 2015. EVALUATION OF REQUEST The amendments to City Code to accommodate these changes fall in Chapter 5 "Beer, Wine and Liquor Licensing and Regulation" and Chapter 11 "Land Use Regulations (Zoning)". Amendments to Chapter 11 require the APC to hold a Public Hearing and make a recommendation to the City Council. As such, the APC will be taking action only on those amendments to Chapter 11. While the City Council may choose to be more restrictive than state statute, the updates listed above will make the City's regulations consistent with what the state now allows. SUMMARY/CONCLUSION When made aware of the various changes made to the state statutes regarding liquor sales, the City Council indicated a desire to bring Eagan's standards in line with the current statutes and directed staff to begin that procedure. The City Attorney has prepared draft ordinance language to accomplish this task. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Sections 11.30 and 11.60 relative to liquor sales. ORDINANCE NO. _ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5, ENTITLED 'BEER, WINE, AND LIQUOR LICENSING AND REGULATIONS" BY AMENDING SECTIONS 5.01 TO ADD DEFINITIONS AND SECTIONS 5.02, 5.52, 5.57, 5.63, AND 5.64 REGULATING SUNDAY OFF -SALE AT SMALL BREWERIES AND BREWER TAPROOMS, MICRODISTILLERIES ON -SALE COCKTAIL ROOMS & TEMPORARY ON -SALE LICENSE, AND SUNDAY ON -SALE HOURS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 5.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code, Chapter 5, is hereby amended by amending Section 5.01 to add or revise the following definitions to read as follows: Cocktail room means an area on the premises of a microdistilleryopremises adjacent to a microdistillery and owned by the distiller in which the distiller sells or otherwiserop vides exclusively distilled spirits produced by the distiller for consumption within the cocktail room. Distilled spirits means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. Section 2. Eagan City Code Chapter 5 is hereby amended by amending Section 5.02, subd. 8(B) to read as follows: Subd 8. Persons disqualified. B. No person holding a license from the commissioner as a manufacturer, brewer or wholesaler may have a direct or indirect interest, in whole or in part, in a business holding an alcoholic beverage license from the city, except a license may be issued to a brewer or manufacturer in connection sek4y only with the operation of a brewpub, brewer taproom, or microdistillery cocktail room subject to the regulations provided in this chapter; and Section 3. Eagan City Code Chapter 5 is hereby amended by amending Section 5.54 to read as follows: The electorate of the city having heretofore authorized the same, a Sunday on -sale liquor license may be issued to hotels, motels, full-service restaurants, or clubs, as defined in this chapter, which have on -sale licenses and which also have facilities for serving not less than 30 guests at one time. The permitted hours of such sales shall be are from 10:008:00 a.m. on Sunday to 2:00 a.m. on Monday in conjunction with the serving of food, provided that the licensed establishment is in conformance with the Minnesota Clean Indoor Air Act. Section 4. Eagan City Code Chapter 5 is hereby amended by revising Section 5.61, subd. 2 (C) to read as follows: C. The off -sale of malt liquor from the licensed premises shall be limited to the legal hours for off -sale at liquor stores and shall be removed from the premises before the off -sale closing time requirements, except off -sale of malt liquor on Sundays between the hours of 8:00 a.m and 10:00 p.m. may occur provided the licensee has a valid Sunda permit from the city and only growlers of malt liquor that was manufactured and brewed on the licensed premises may be sold. Malt liquor sold off -sale shall be packaged as required by state law set forth in Minn. Stat. Ch 340A. Section 5. Eagan City Code Chapter 5 is hereby amended by revising Section 5.64 to read as follows: Sec. 5.64. Microdistilleries. Subd. 1. It is unlawful for any person or entity, directly or indirectly, to sell, barter, keep for sale or otherwise dispose of distilled spirits on or from the premises on which the distilled spirits are manufactured or produced without a microdistillery license from the Minnesota Commissioner of Public Safety and a license issued by the Cit�as provided herein. It is unlawful for any licensed microdistillery to provide samples of distilled spirits manufactured on its premises in an amount exceeding 15 milliliters per variety per person or 45 milliliters per person per day. Subd. 2. An on -sale cocktail room license may be issued only to a distiller who holds a microdistillery license issued by the Minnesota Commissioner of Public Safety under Minn. Stat. Chapter 340A. An on -sale cocktail room license shall be subject to the following requirements: A. Only distilled spirits produced by the distiller on the licensed premises may be sold or consumed on the licensed premises. B. The financial responsibilities required under this Chapter for on -sale intoxicating licenses shall apply to an on -sale cocktail room license issued under this Section. C. All provisions of this Chapter that apply to on -sale intoxicating liquor licenses shall apply to an on -sale cocktail room license issued under this Section unless the provision is explicitly inconsistent with this Section. D. An on -sale cocktail room licensee may only have one on -sale cocktail room license under this Section. E. An on -sale cocktail room licensee may not have an ownership interest in a distillery licensed under Minn. Stat. §340A.301, subdivision 6, paragraph (a). F. No on -sale cocktail room license shall be issued to a distiller if the distiller seeking the license, or any person having an economic interest in the distiller seeking the license or exercising control over the distiller seeking the license, is a distiller that produces more than 40,000 proof gallons of distilled spirits in a calendar G. No single entity hold both an on -sale cocktail room and on -sale brewer taproom license, and a cocktail room and brewer taproom shall not be co -located. H. The license hereunder shall be subject to the payment of an annual on -sale cocktail room license fee of $600.00. Subd. 3. An off -sale distilled spirits licenses mawgranted to microdistilleries, subject to the limitations of this Chapter and the additional limitations as follows: A. The microdistillery may sell only one 1) 375 milliliter bottle per customer per day of product manufactured on-site; B. Off --sale hours of sale shall conform to hours of sale for retail off -sale licensees; C. No brand may be sold at the microdistillery unless it is also available for distribution by wholesalers; and D. The license hereunder shall be subject to the payment of an annual off -sale microdistillery license fee of $200. Section 6. Eagan City Code Chapter 5 is hereby amended by amending Section 5.57, subd. 2 to read as follows: Subd. 2. Applicant. The applicant for a license under this section must bei a club or charitable, religious, or other nonprofit organization in existence for at least three years, or (2) brewer who manufactures fewer than 3500 barrels of malt liquor in a year or a microdistillery in connection with a social event sponsored by the brewer or microdistillery. Section 7. Eagan City Code Chapter 5 is hereby amended by amending Section 5.63, subd. 2 (E) and (H) to read as follows: Subd. 2. An off -sale malt liquor license may be issued only to a brewer who holds a brewer license issued by the Minnesota Commissioner of Public Safety under Minn. Stat. §340A.301, subdivision 6, clause (c), (i) or 0). An off -sale malt liquor license shall be subject to the following requirements: E. Off -sale of malt liquor shall be limited to the hours of sale permitted for off -sale liquor licenses issued by the city, except off -sale of malt liquor on Sunday between the hours of 8:00 a.m and 10:00 p.m. may occur provided the licensee has a valid Sunday sale permit from the city and only growlers of malt liquor that was manufactured and brewed on the licensed premises may be sold. Malt liquor sold off -sale shall be packaged as required by state law set forth in Minn. Stat. Ch 340A. H. No off -sale malt liquor license may be issued to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 20,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. Section 8. Eagan City Code Chapter 5 is hereby amended by adding Section 5.08, subd. 4 to read as follows: Sec. 5.08. - Unlawful acts. Subd. 4. Storage of alcohol on licensed premises. No alcohol on an on -sale licensed premises shall be stored in any area of the licensed premises that is open and accessible to the public or in any manner which a person may have access to alcohol without the assistance or intervention of the licensee or the licensee's employee. All alcohol provided or made available to patrons of the licensed premises shall require the actual physical exchange of the alcohol from the licensee or licensee's employee to thepatron_. Section 9. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. 5xx", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 10. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 11. 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 By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: , 2015 Date Ordinance Published in the Legal Newspaper: , 2015 The following is the official summary of Ordinance No. as approved by the City Council of the City of Eagan on , 2015. ORDINANCE NO. _ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER 5, ENTITLED "BEER, WINE, AND LIQUOR LICENSING AND REGULATIONS" BY AMENDING SECTIONS 5.01 TO ADD DEFINITIONS AND SECTIONS 5.02, 5.52, 5.57, 5.63, AND 5.64 REGULATING SUNDAY OFF -SALE AT SMALL BREWERIES AND BREWER TAPROOMS, MICRODISTILLERIES ON -SALE COCKTAIL ROOMS & TEMPORARY ON -SALE LICENSE, AND SUNDAY ON -SALE HOURS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER I AND SECTION 5.99. Eagan City Code, Chapter 5, governing the City's beer, wine and liquor licensing and regulations, is amended to add definitions and to revise sections regulating brewer taproom licenses, small brewery off -sale malt liquor licenses, Sunday sale hours, microdistillery off -sale licenses and cocktail room licenses, and storage of alcohol on licensed premises. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. ORDINANCE NO. _ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTIONS 11.30 AND 11.60 TO ADD DEFINITIONS AND REGULATIONS REGARDING MICRODISTILLERY SALES AND COCKTAIL ROOMS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by amending Section 11.30 to add the following definitions to read as follows: Cocktail room shall have the meaning as the term is defined in the alcohol licensing regulations in Chapter 5 of this Code. Distilled spirits shall have the meaning as the term is defined in the alcohol licensing regulations in Chapter 5 of this Code. Section 2. Eagan City Code Chapter Eleven is hereby amended by amending Section 11.60, subd. 14(C)(10) to read as follows: Subd. 14. I-1 Limited Industrial District. C. Conditional Uses. 10. On -sale liquor, 3.2 beer or wine; on -sale malt liquor in conjunction with a brewer taproom; on -sale distilled spirits in conjunction with a microdistillery cocktail room;-er off -sale malt liquor from the premises of and in conjunction with a brewery; or off -sale distilled spirits in conjunction with a microdistillery. Section 3. Eagan City Code Chapter Eleven is hereby amended by amending Section 11.60, subd. 14(D)(4) to read as follows: Subd. 14. I-1 Limited Industrial District. D. Permitted accessory uses. 4. An outdoor dining area in conjunction with a full service or casual restaurant or an outdoor patio in conjunction with a brewer taproom or microdistillery cocktail room, except an outdoor dining area or patio that does not meet the special use setback from a residential property or that provides seating for more than 24 persons is subject to a conditional use permit or planned development approval as applicable, and any outdoor dining area or outdoor patio shall be subject to the regulations thereof of outdoor dining area set forth elsewhere in this chapter. Section 4. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.60, subd. 15(C)(11) to read as follows: Subd. 15. I-2 General Industrial District. C. Conditional uses. 11. On -sale distilled spirits in conjunction with a microdistillery cocktail room, or off - sale distilled spirits from the premises of and in conjunction with a microdistillery. Section 5. Eagan City Code Chapter Eleven is hereby amended by adding Section 11.60, subd. 15(D)(3) to read as follows: Subd. 15. I-2 General Industrial District. D. Permitted accessory uses. (3) An outdoor patio in conjunction with a brewer taproom or microdistillery cocktail room, except an outdoor patio that does not meet the special use setback from a residential property or that provides seating for more than 24 persons is subject to a conditional use permit or planned development approval as applicable, and any outdoor patio shall be subject to the regulations of outdoor dining area as set forth elsewhere in this chapter. Section 6. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 7. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 8. 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 By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: , 2015 Date Ordinance Published in the Legal Newspaper: , 2015 Date of Advisory Planning Commission Hearing: , 2015 The following is the official summary of Ordinance No. 5_ as approved by the City Council of the City of Eagan on , 2015. ORDINANCE NO. S SECOND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTIONS 11.30 AND 11.60 TO ADD DEFINITIONS AND REGULATIONS REGARDING MICRODISTILLERY SALES AND COCKTAIL ROOMS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. Chapter 11, regulating the City's land use and zoning, was amended to add definitions and to revise land use regulations for limited industrial and general industrial districts relating to the operations of a microdistillery and cocktail room associated therewith. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. RESOLUTION NO. CITY OF EAGAN APPROVING AMENDMENT TO THE 2015 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fee listed below shall be effective immediately: • Sunday Off -Sale Growler License: $50.00 Motion by: Seconded by: Those in favor: Those against: Date: August 3, 2015 Certification Attest: CITY OF EAGAN CITY COUNCIL Its Mayor Its Clerk I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 3rd day of August, 2015. Christina M. Scipioni, City Clerk Agenda Information Memo August 3, 2015, Eagan City Council Meeting NEW BUSINESS A. Planned Development Amendment — Prestige Preschool Action To Be Considered: To recommend approval of a Planned Development Amendment to allow the development of an approximately 10,400 s.f. single -story childcare facility upon property located at 4150 Knob Drive, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Planned Development Amendment —At least three votes Facts: The applicant is proposing to develop the property with a one-story approximately 10,400 s.f. child care facility. ➢ The existing PD, established in 1982, designates the property for a 5,000 s.f. office. The PD Amendment is needed due to a different use and larger building size. ➢ The Knob Hill Professional Park PD was based on LB (Limited Business) zoning and as such, the evaluation of the proposal is as compared to LB standards. ➢ The proposal satisfies most typical development LB zoning standards in regard to site layout, parking, utilities and landscaping. ➢ Deviations to building setbacks and building finish materials ratios are requested, and discussed in greater detail in the staff report. o Class I materials 59.% <65% o Class III materials (LP Smartside engineered wood siding) exceed the 35% maximum o Building setback to Pilot Knob road = 45' proposed vs. 50' required o Setback of attached trash enclosure to Knob Drive = 18' proposed vs. 30' required ➢ Approval of the Planned Development Amendment simultaneously constitutes the Final Planned Development for the property. ➢ The APC held a public hearing on July 28, 2015 and did recommend approval on a split vote (4-1). Issues: ➢ Several neighbors attended the public hearing and expressed concerns regarding parking, traffic, and building size and capacity. 60 -Day Agency Action Deadline: ➢ August 16, 2015 Attachments: (4) NBA -1 Location Map NBA -2 Draft July 28, 2015 APC Minutes NBA -3 Planning Report NBA -4 Report Exhibits Advisory Planning Commission July 28, 2015 Page 2 of 14 IV. PUBLIC HEARING New Business A. Prestige Preschool Academy Applicant Name: O'Halloran & Murphy / Shingobee Builders, Inc. Location: 4150 Knob Dr, Lot 3, Block 2, Knob Hill Professional Park Application: Planned Development Amendment A Planned Development Amendment to allow the development of an approximately 10,400 s.f. single -story childcare facility File Number: 21 -PA -05-06-15 Planner Dudziak introduced this item and highlighted the, information presented in the City Staff report dated July 22, 2015. The applicant, Jon Fahning of Shingobee Builders, provided background information on Prestige Preschool Academy and discussed tile difficulties'p(esented withIho,odd-shaped parcel and he commented on the minor deviations requested. Member Dierkes asked about the,200t kids and for an'idea of the anticipated breakdown of the numbers of children in different age groups . Mr. Fahning explained the number of%ids is based; on a formula and Minnesota licensing standards and that they would anticipate, appr6kimately<70%o-80% of the kids would be in the infant to kindergarten age range. Y Member Dierkes ihquired about the possibility for private kindergarten mentioned in the report. Mr. Fahning replied :that there is an opportdnity for private kindergarten, and enrollment will dependon:room sizes and s`quarefootage per student requirements. Chair Filipi operi,ed the7 public hearing'.'"' Celeste Bour, 4161 'Knob Drive stated she liked the use for the property but believes the building is too big. S1�0 also shared concerns with parking, MN licensing standards, traffic, the trash enclosure and parking on the street. Mark Oliver,;;4169 Knob Drive, stated he and his family understood and accepted that a 5,000 SF office building was. allowed. He stated his concerns for safety because Knob Drive is regularly used as�a cut -through, that the proposed parking on the site looked light. He also stated the original'blanners sized the building correctly. Karen Piehler Shaw, 4165 Knob Drive, referenced a previous proposal for a two-story office building that was denied; she stated the neighbors have planned on a 5,000 SF building. She also shared her belief that the proposed building was not big enough for 200 kids and her concern that traffic already zooms by on Knob Drive presenting a safety issue. She went on to say that she attended the neighborhood meeting held by the applicant and was told that Shingobee would not be the long term owner of the building. She asked how many daycare facilities the City needs. Advisory Planning Commission July 28, 2015 Page 3 of 14 There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Dierkes asked the applicant if the proposed building was the typical size Prestige builds and if 200 child capacity was the norm. The applicant responded that the building is slightly smaller than their prototype and the typical number of children present at any one time is closer to 150. 200 licensed attendees doesn't mean all children will be there at the same time. The number of children in attendance is also controlled by the total in each room and required teacher to child ratios, which is impacted by staffing and size of the rooms. Member Dierkes asked if the 10,000 SF building was a typical size for daycare building in Eagan and typical number of children in attendance. City Planner Ridley stated he wasn't certain but he believed the newest daycare facility built in'E6gan, Primrose School on Johnny Cake, was at least that size (11,250 SF, actually), and,, the' City doesn't get into enrollment numbers because that is a State issue in regard t,6 l icensing Chair Filipi commented that the proposal meets the City's parking requirements, and building size is within the density allowed for typical zoning standards. He asked: about the traffic capacity of Knob Drive. Assistant City Engineer Nelson stated Knob Drive is ,designed to handle the additional traffic. Chair Filipi stated this was a diffic4lt.qudstion based on the past approval for a 5,000 SF building and also denial of a two-stoly 12;000 SF building, but the current proposal meets density and parking standards. Vice Chair Vanderpoel stated she understands therels no'historical information as to the specifics of why the original PD called f4 a"'5 boO SF building. She commented that she does not believe the proposed building is too large for the site. Chair Flipi reiterated°'the pu6li.8. hearing had 'closed to public comments, and any further questions --or comments .-can- be`directed to City' Staff for consideration at the City Council meeting. Member Sagstetter;suggested the Eagan Police Dept. be made aware of the traffic speeding on K n6b, Drive. i Member',Woebke inquired about implementing possible traffic controls or calming measures on Knob Drive. Assistant City Engineer Nelson responded that such measures have varying effectiveness, and Police Dept. can determine whether any additional enforcement efforts are needed to control traffic speeds in the area. Member Sagstetter moved, Member Vanderpoel seconded a motion to recommend approval of a Planned Development Amendment to allow the development of an approximately 10,400 s.f. single -story childcare facility, subject to the conditions listed below: Member Sagstetter stated his belief that the deviations requested were minor and the benefit to the public of the development outweighs the deviations. Advisory Planning Commission July 28, 2015 Page 4 of 14 Member Dierkes stated his concern for the capacity of the facility, congestion in the parking area and traffic, and that he would prefer a smaller scale operation. Member Vanderpoel stated the site might be a little tight, but not enough to deny the project. . There being no further comments, Chair Filipi called the question. A vote was taken. Motion carried 4-1 (Dierkes) 1. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The following exhibits shall be. ,required for the Agreement: • Final Site Plan `r, • Final Building Elevations • Final Signage Plan • Final Landscape Plan • Final Site Lighting Plan 2. There shall be no more than two school vans/buses kept on the property, and such vehicles must be parked within a standard parking stall. 3. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance anerosion control regulations prior to final plat approval. 4. 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 eggal training as ,determined by the City Engineer in designing stormWater pollution prevention: Glans. Aiso,i all personnel responsible for the installation of erosion/ sediment co6fc6l_devices, and the establishment of vegetation for the development, shall have ,received Erosion/Sediment Control Inspector/Installer certification through the University of;Minnesota, or epproved equal training as determined by the City Engineer. 5., This development shall meet the Ci y's'Post Construction Stormwater Management Requirements (City C6de,§4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully - reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils tha# are to be revegetated). 6. Prior to receiving,)city approval to permit land disturbing activity, the applicant shall provide the City With soil 'boring logs from a minimum of two soil -borings within any proposed infiltration area`, ,extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth,, etc.) to ensure volume control requirements are fully met. 7. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of any proposed infiltration practice for City review/acceptance by the City Engineer. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection notes, sizing/volume tables, details for stable inlet, Advisory Planning Commission July 28, 2015 Page 5 of 14 overflows, outlets, unobstructed maintenance access areas to inlet/outlet, soil amendment criteria, planting plans/details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). 8. Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review and acceptance by the City Engineer, that provide for assurances that by final grading the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non -compacted soil conditions, to comply with Volume Control requirements,. ,These graphical details and notes on soil protection/restoration shall be included in the,S#orrhWater Management Plan and prominently included in all applicable plan sheets,,.(e;.g. ErosibA, Grading &Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). 9. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance: required, to ensure proper 'operation and performance of the permanent,stormwater management system, in a form acceptable to the City Attorney. 10. During infiltration practice over =excavation; and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present t64erify and dodum,ent that infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater 8. (but less than .0-ihch,0er hour) If the sub=soil infiitratidn rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the` a-bplicant shall immediately notify the City Engineer and revise the volume control practice�(s) as necessary (e.g. over-excavation/soil- amendment depth, etc.) to ensure voldm,p control requirements are fully met. At completion of final grading within the infiltration basin; but prior to planting, the applicant shall ensure that -a soil scientist w�ll�te,prgsent to. verify and document that the infiltration practice is suitable to infiltrate a minimum of 1 'inch `per hour or greater in saturated conditions. [Documentation shall beprovided to the City within 48 -hours after infiltration testing. The applicant shall provide the; City with 24-hour advance notice of the occurrence of soil infiltration observation and Verification. 11. Before the city issues a Certificate of Occupancy on the development site, the applicant shall provide the,Gity Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump, infiltration practice, etc,Y,,and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practice. Documentation shall be provided to verify soil management strategy compliance. 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. 12. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. Advisory Planning Commission July 28, 2015 Page 6 of 14 13. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 14. The developer shall be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 15. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards,, guidelines, and policies. 16. This development shall be responsible for the acquisition,of all regulatory agency permits required by the affected agency prior to the issuance;of a building permit. 17. Automatic irrigation shall be provided for al,l landscaped areas. q financial guarantee for installation of the landscaping shall be provided in accordance with 11he City's landscape ordinance, at the time of Building Permit, 18. The trash enclosure shall be constructed of brick to match the building, with an opaque gate that is compatible with the building finish materials.,. 19. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. - 20. The monument sign base shall be-ofa masonry material to match the brick on the principal building. - 22. The development is subject to cash park and trail dedications payable at the time of Building Permit at the rates then in effect. PLANNING REPORT CITY OF EAGAN REPORT DATE: July 22, 2015 (revised July 30, 2015) APPLICANT: Shingobee Builders, Inc. PROPERTY OWNER: O'Halloran & Murphy REQUEST: Planned Development Amendment LOCATION: 4150 Knob Drive COMPREHENSIVE PLAN: O/S-Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 21 -PA -05-06-15 HEARING DATE: July 28, 2015 APPLICATION DATE: June 17, 2015 PREPARED BY: Pam Dudziak The applicant is requesting approval of a Planned Development Amendment to allow the development of an approximately 10,400 s.f. single -story childcare facility upon property located at 4150 Knob Drive, legally described as Lot 3, Block 2, Knob Hill Professional Park. As a single lot, one -phase development, approval of the Planned Development Amendment simultaneously constitutes the Final Planned Development for the property upon execution and recording of the Final Planned Development Agreement. 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 subject property was platted in 1984 as part of Knob Hill Professional Park and is currently vacant. The property to the south developed with a clinic and the lots to the west contain Planning Report — Prestige Preschool July 28, 2015 Page 2 primarily single-family homes, with a couple office and clinic buildings at the north end of Knob Drive. The Knob Hill Professional Park Planned Development Agreement designates the subject site for development of a 5,000 s.f. office building. A development proposal for a two-story 12,500 s.f. office building was denied by the City in 2002 due to size of the building, insufficient parking, and setbacks. EXISTING CONDITIONS The triangular shaped 1.44 acre site abuts public right-of-way to the west (Knob Drive) and east (Pilot Knob Road). A sidewalk extends along the east side of the property, parallel to Pilot Knob Road. Access to the parcel is from Knob Drive; the plat restricts direct access along the Pilot Knob Road frontage. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The proposed development consists of the construction of a single story childcare facility of approximately 10,400 s£ The facility would provide educational and childcare services for up to 206 children, including infant care, private kindergarten, along with before and after and half day programs for school-age children. The building is located on the southern widest portion of the property, with parking and stormwater facilities to the north; outdoor playground areas are located east of the building. The playground areas are enclosed by a 6' white decorative metal fence, which will require egress to a public way to be reviewed at the time of Building Permit. The applicant's narrative indicates construction of the property is intended to start fall 2015, and anticipated to be completed in summer 2016. The applicant indicates the facility will operate from 6:30 a.m. to 6:30 p.m. Monday through Friday, and closed Saturday and Sunday. Existing Use Zoning Land Use Designation North Residential R-1, Single -Family LD, Low Density Residential Residential West Residential; Veterinary R-1, Single -Family LD, Low Density and Medical Office Residential Residential; PD, Planned Development O/S, Office/Service South Medical/Dental Office PD, Planned Development O/S, Office/Special East Church (Beautiful QP, Quasi- PF, Public Facilities; Savior); Commercial Public/Institutional; RC, Retail -Commercial Retail(Hilltop Plaza) I NB, Neighborhood Business EVALUATION OF REQUEST Description of Proposal — The proposed development consists of the construction of a single story childcare facility of approximately 10,400 s£ The facility would provide educational and childcare services for up to 206 children, including infant care, private kindergarten, along with before and after and half day programs for school-age children. The building is located on the southern widest portion of the property, with parking and stormwater facilities to the north; outdoor playground areas are located east of the building. The playground areas are enclosed by a 6' white decorative metal fence, which will require egress to a public way to be reviewed at the time of Building Permit. The applicant's narrative indicates construction of the property is intended to start fall 2015, and anticipated to be completed in summer 2016. The applicant indicates the facility will operate from 6:30 a.m. to 6:30 p.m. Monday through Friday, and closed Saturday and Sunday. Planning Report — Prestige Preschool July 28, 2015 Page 3 The proposal is subject to a Planned Development Amendment because it consists of a different use and a building larger than the 5,000 s.f. office specified in the existing Planned Development Agreement. Compatibility with Surrounding Area — The surrounding area is a mix of single family residential, commercial, and retail uses. The proposed development is intended to blend in both functionally and aesthetically with the surrounding properties and uses. Public Benefit — The applicant states the childcare facility would provide additional services to residents and enhance the commercial businesses in the area. The narrative also indicates development of the site would "provide a positive change to the tax levy on the property," which has been vacant for many years. The narrative indicates the proposed use is consistent with the intent of the original Planned Development for a general commercial use on the property, and the infrastructure in the area can support the proposed use. Bulk Standards — The Knob Hill Professional Park PD was based on LB, Limited Business, zoning standards. As such, this proposal will be evaluated against typical LB standards. Setbacks — The applicant is proposing a 5' deviation to the building setback from Pilot Knob Road for the northeasterly corner of the building. Also, the building satisfies the minimum setback from Knob Drive, however, the attached trash enclosure is a deviation with a proposed setback of 18.1' from Knob Drive. These deviations occur on the north end of the building and are due to the triangular shape of the lot. The deviations can be accommodated through the PD zoning, and their acceptability is a policy matter to be determined by City officials. The following building setbacks apply to the property: Knob Drive Pilot Knob Rd. Side Yard Required 30' 50' 10' Proposed 30.4' 45' 18.9' 18.11,(trash encl.) The following parking setbacks apply to the property: Knob Drive Pilot Knob Rd. Side Yard Required 20' 20' 5' Proposed 20' 20' N/A Building Coverage — The proposed building coverage ratio is 16.5%, which is less than the typical LB standard of a maximum 20%. Building Height — Proposed building height is approximately 18', as measured to mean roof height, and 24'6" to the peak roof height. This is consistent with the typical ordinance standard of 30' maximum mean roof height. Planning Report — Prestige Preschool July 28, 2015 Page 4 Green Space — Commercial properties are subject to providing a minimum 30% green space. The proposed development provides 48% green space. Parkin —The Site Plan proposes a total of 31 parking stalls for the proposed 10,358 s.f. daycare. This is consistent with the typical standard for daycare facilities of ten parking stalls plus one stall for each 500 square feet of building. The dimensional standards in the City Code also appear to be satisfied. The proposed parking stalls are 10' x 19', with a 24' two-way drive aisle. The proposed parking meets the City Code standards for daily needs. Occasional special events throughout the year may result in a need for overflow parking. On -street parking is currently available along Knob Drive for this occasional use. The applicant should note winter parking restrictions may limit availability of on -street parking during winter months. According to the applicant, there will be one or two school vans that will be kept on the property on an on-going basis, similar to other daycare providers in the City. These vehicles are used to transport children to and from elementary schools in the area. The vehicles fit in a regular parking stall, and such parking is permitted by City Code. There should be no more than two such vans kept on the property. Grading - Site grading was constructed with previous development. The site generally slopes from south to north to south, with elevations ranging from 946 to 921. The preliminary grading plan is acceptable, with modification. All public and private streets, drainage systems, and utilities necessary to provide service to this development should be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. A detailed land disturbance and erosion control plan should be prepared in accordance with current City land disturbance and erosion control regulations prior to final plat approval. All erosion/ sediment control plans submitted for development and grading permits should be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, should have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. Wetlands — Because there are no wetlands on site, City Code § 11.67, wetland protection and management regulations, does not apply. Stormwater Management/Water Quality — The applicant proposes to a new development on vacant property, resulting in 0.74 acres of new impervious surface, and an additional 0.71 acres of disturbed/graded soils, on the 1.45 -acre site. This new development will need to comply with the City's Post Construction Stormwater Management Requirements (City Code §4.34) for Planning Report — Prestige Preschool July 28, 2015 Page 5 stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control (including Soil Management Strategies to restore permeability to disturbed soils that are to be revegetated). The applicant proposes to meet City water quality requirements through construction of one vegetated infiltration basin with one sump manhole upstream of the basin inlet for pretreatment. Rate control is proposed to be provided by the infiltration basin. Eagan Water Resources has reviewed the applicant's plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Code §4.34 Post -Construction Stormwater Management Requirements are acceptable with conditions to ensure infiltration capability, stable inlet, effective pre-treatment, effective soil remediation to restore soil permeability (on all disturbed soils that are to be revegetated), construction techniques, staging and oversight, and future maintenance for continued function. Storm Water Drainage — The entire site lies within Drainage District B (as designated in the City Storm Water Management Plan — 2007). The preliminary storm drainage plan is acceptable. Private storm sewer would be installed throughout the site, and be directed into an infiltration basin to be built at the north end of the parcel. The infiltration basin would be connected to the public storm sewer along Knob Drive, which ultimately flows to city pond BP -27 to the west. Utilities — The preliminary utility plan is acceptable, with modification. Lateral sanitary sewer and water main service stubs of sufficient size, depth, and capacity are available for connection by this development. Sanitary sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. This development should provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. In 2004, the Eagan Technology Task Force recommended that broadband and fiber optic telecommunications networks be expanded in the city wherever possible. The applicant should submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP) The applicant should provide such a plan for review and approval by City staff. This development should include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. Streets/Access/Pedestrian Circulation — The proposal includes a looped driveway with two access locations on Knob Drive. Construction of those driveways will require removal of concrete curb and gutter along Knob Drive. The developer should be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. An existing bituminous trail is located along the western boulevard of Pilot Knob Road. No new pedestrian facilities are proposed with this development. Easements/ Permits/ Right -of -Way — Public drainage & utility easements currently exist along the perimeter of this parcel, and no new easements are needed. Dakota County's long term plan Planning Report — Prestige Preschool July 28, 2015 Paae 6 includes widening Pilot Knob Road, which would likely require the acquisition of approximately an additional 48 25-35 feet of right-of-way from this property. This development should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. Landscaping/Screening — The landscape plan appears acceptable. The plan shows a variety of deciduous and evergreen shrubs, trees and perennials throughout the property. The east and west sides of the site are proposed to be landscaped with a continuous row of dogwood and arbor vitae between the parking lot and streets. Shade trees are proposed around the edge of the playground area and along the east side of the building. Shade trees also line the parking lot. The narrow north end of the property includes a few ornamental and evergreen trees near the stormwater basin. Both the trash enclosure and transformer equipment are landscaped with screening plant materials. Automatic irrigation should be provided for all landscaped areas. A financial guarantee for installation of the landscaping should be provided in accordance with the City's Landscape Ordinance, at the time of Building Permit. Building Elevations/Architecture — The proposed building architecture is quasi -residential with a brick and siding exterior, pitched roof and asphalt shingles. Two types of Class 1 materials (brick and glass) are utilized, along with a Class III material, (LP Smart Side, an engineered wood lap siding). The mechanical well screen wall and decorative dormers break up the roof line, and utilize the same LP Smart Side lap siding as elsewhere on the building. The ordinance requirements pertaining to LB zoning requires at least two Class I materials shall be utilized, comprising at least 65% of the building, and up to 35% of the building may be comprised of Class III or IV materials. The project architect indicates that Class I materials cover 59.69% of the building. The project architect has included the insulated steel doors in the Class I calculations due to their durability; typically the doors would be classified as a Class III or accent material. The brick is concentrated on the longer east and west building walls. The Class III lap siding contributes to the quasi -residential architecture, and is used primarily on the north and south elevations, as well as in the roof peaks and decorative dormers. The north and south elevations are the shorter ends of the building, and the south wall in particular faces a 10' high retaining wall, limiting visibility of that fagade. The acceptability of the proposed building design is a policy matter for City officials. While the proposed building does not fully comply with the materials finish standards of the City Code, the deviation to the building materials ratios can be accommodated within the Planned Development. Mechanical Equipment — City Code requires a minimum 30" parapet or screen wall for new buildings, and that rooftop mechanical units be placed at least 20' from the edge of the building. The building architecture provides a pitched roof design with a screen wall around a mechanical well designed to hold the rooftop equipment. The mechanical well is in the center of the Planning Report — Prestige Preschool July 28, 2015 Page 7 building, the screen wall is greater than 30" height is part of the roof design, and is made of materials that match other architectural features of the building. A ground mounted electrical transformer is located off the northeast corner of the building. The landscape plan shows landscaping on all four sides of the transformer; three of which include evergreen shrubs. Trash/Recycling Enclosure — City Code requires that trash be stored indoors or within an enclosure attached to the building in commercial developments. In addition, the enclosure must be large enough to enclose both trash and recyclable materials containers. Trash storage is proposed to be within an enclosure attached to the northwest corner of the building. The trash enclosure should be constructed of brick to match the building, with an opaque gate that is compatible with the building finish materials. Building Address Numbers — Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Lighting — The City Code states "Site lighting is required as is necessary for security, safety and traffic circulation. Such illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property." The Site Lighting Plan proposes LED light fixtures on a 20' pole, and wall packs on the building. The photometric plan appears acceptable. Minimum illumination levels of 0.5 footcandles are indicated throughout the parking lot, with light levels near one footcandle at the site perimeter, and near zero on the west side adjacent to Knob Drive. Within the parking area, the average to minimum ratio is 3.86, indicating an acceptable of uniformity throughout. Signage — The proposed sign package appears acceptable. City Code allows one monument sign and up to three building signs on two building elevations. The submitted sign package proposes one building sign on the north fagade on the gable wall over the front building entrance. The wall sign is internally illuminated, and is 53 s.f. in area. A monument sign is proposed on the west side of the property along Knob Drive. The proposed monument consists of a 2'6" base, and a 36" high sign face. The monument is proposed to meet the minimum 10' setback from the right-of-way. The monument sign base should be constructed of a masonry material to match the brick on the principal building. Financial Obligation -At this time, there are no pending assessments on the parcel. Based upon a study by City staff of the financial obligations collected in the past and proposed use for the property, all trunk utility fees have been previously collected for this property. Planning Report — Prestige Preschool July 28, 2015 Page 8 Tree Preservation — There are no tree preservation issues associated with this development proposal. Parks and Recreation — The development is subject to cash park and trail dedications payable at the time of Building Permit at the rates then in effect. The 2015 park dedication rate is $865 per 1,000 s.f. of building, and trail dedication is $1,251 per net acre of land area. SUMMARY/CONCLUSION Shingobee Builders is requesting approval of a Planned Development Amendment to allow an approximately 10,400 s.f. single -story childcare facility upon the property at 4150 Knob Drive. The Knob Hill Planned Development was established in 1984 and specified the permitted use as a one-story 5,000 s.f. office building. The proposed childcare facility appears to be compatible with adjacent uses and the underlying land use designation. The building is designed with a quasi -residential character to blend with both existing commercial uses in the area and the residential development to the west. The applicant is proposing a deviation from finish materials standards, and the Site Plan shows some deviations to setbacks which result from the triangular shape of the parcel. Such deviations are a policy matter for City officials, and can be accommodated within the Planned Development zoning. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow the development of an approximately 10,400 s.f. single -story childcare facility upon property located at 4150 Knob Drive. Approval of the Planned Development Amendment simultaneously constitutes the Final Planned Development for the property. If approved the following conditions shall apply: A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office. The following exhibits shall be required for the Agreement: • Final Site Plan • Final Building Elevations • Final Signage Plan • Final Landscape Plan • Final Site Lighting Plan 2. There shall be no more than two school vans/buses kept on the property, and such vehicles must be parked within a standard parking stall. 3. A detailed land disturbance and erosion control plan shall be prepared in accordance with current City land disturbance and erosion control regulations prior to final plat approval. Planning Report — Prestige Preschool July 28, 2015 4. 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. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control on the site's new and fully - reconstructed impervious surface area (including effective soil remediation for the site's disturbed soils that are to be revegetated). 6. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide the City with soil boring logs from a minimum of two soil -borings within any proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the applicant shall revise the design and/or construction plans (e.g. over-excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. 7. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide construction details of any proposed infiltration practice for City review/acceptance by the City Engineer. Construction details shall include infiltration basin cross-section(s), construction sequencing/protection notes, sizing/volume tables, details for stable inlet, overflows, outlets, unobstructed maintenance access areas to inlet/outlet, soil amendment criteria, planting plans/details, etc., to ensure infiltration practice is properly designed, constructed, planted, and adequately protected during / after construction to prevent clogging, and able to be properly maintained (e.g. unobstructed equipment access, etc.) to function as intended. These graphical details and notes shall be prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). Prior to receiving city approval to permit land disturbing activity, the property owner shall provide detailed Soil Management Strategies for City review, and acceptance by the City Engineer, that provide for assurances that by final grading the disturbed areas that are to be revegetated will have protected and/or restored soil permeability to non - compacted soil conditions, to comply with Volume Control requirements. These graphical details and notes on soil protection/restoration shall be included in the Stormwater Management Plan and prominently included in all applicable plan sheets (e.g. Erosion & Sediment Control Plan, Grading & Drainage Plan, Utility Plan, Landscape Plan, etc.). Planning Report — Prestige Preschool July 28, 2015 Paae 10 9. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the inspection and maintenance required to ensure proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. 10. During infiltration practice over -excavation and sub -soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 1 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 1 -inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over- excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. At completion of final grading within the infiltration basin, but prior to planting, the applicant shall ensure that a soil scientist will be present to verify and document that the infiltration practice is suitable to infiltrate a minimum of 1 -inch per hour or greater in saturated conditions. Documentation shall be provided to the City within 48 -hours after infiltration testing. The applicant shall provide the City with 24-hour advance notice of the occurrence of soil infiltration observation and verification. 11. Before the city issues a Certificate of Occupancy on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sump, infiltration practice, etc.), and soil management strategies conform to design and/or construction plans, as approved by the City. As -built volumes (for retention) shall be provided for the infiltration practice. Documentation shall be provided to verify soil management strategy compliance. 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. 12. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 13. The applicant shall submit a proposal/infrastructure plan to be approved by staff to provide telecommunications fiber to the premises (FTTP). This development shall include the installation of fiber optic cable, or a conduit for future installation, in its construction plans at the time of Building Permit. 14. The developer shall be responsible to restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. Planning Report — Prestige Preschool July 28, 2015 Page 11 15. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. 16. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. 17. Automatic irrigation shall be provided for all landscaped areas. A financial guarantee for installation of the landscaping shall be provided in accordance with the City's landscape ordinance, at the time of Building Permit. 18. The trash enclosure shall be constructed of brick to match the building, with an opaque gate that is compatible with the building finish materials. 19. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 20. The monument sign base shall be constructed of a masonry material to match the brick on the principal building. 21. The development is subject to cash park and trail dedications payable at the time of Building Permit at the rates then in effect. Lo LLo O .o �T a O o Ci V N n` L_ as LO Jair E 0 n_ ®e aa�,r i LOwoO °- E Q o �aN r� J z 4j •O d � d�U Lo LLo .o �T a O o Ci y C N O O a m a v n` as LO Jair 0 as ®e aa�,r Lo LLo 0 N �T a O o Ci y C N O O a m a v ME LO Jair 0 a� a� LL 0 0 0 0 0 N O V a. 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Ce y u= iFY �€� W ffi NS KZ''`i fit. iU CD 1 RR21 465hilin Intogrit:y: The Cornerstone. To: City of Eagan Planning Commission From: Jon Fahning, Vice President — Real Estate Development Date: June 26, 2015 Re: Request for PUD Amendement — Prestige Preschool Academy Submittal Narrative On behalf of our tenant, Prestige Preschools Academy, Shingobee Real Estate Company, LLC/Shingobee Builders, Inc. are proposing the development and construction of a child care facility as part of the 1.44 acreas of vacant land (PID#104260002030) near the northwest corner of Pilot Knob Road and Diffley Road. Our request is for the amendement to the Knob Hill Professional Park PUD to allow the construction and development of a single -story childcare facility up to 10,000 s£ This location will be part of the Prestige Preschools portfolio within the Twin Cities metro area, with a recent facility under construction in Apple Valley and one recently completed in Brooklyn Park. Six to eight additional facilities are anticipate for the metropolitan area, including the Eagan trade area. Request Detail The amendment to the PUD will allow the construction and development of a single story childcare facility estimated at 10,000 sf, deviating from the 5,000 sf facility defined in the Knob Hill Professional Park PUD. The facility proposed would be licensed to provide educational and childcare services for up to 206 children, including infant care, private kindergarten, along with before and after school, and half day programs. In addition to the building, the development of the site would accommodate playgrounds, outside play area, and adequate parking to service the intended use of the property as depicted in the proposed site plan included as part of the submittal package. The construction of the property is intended to start Fall, 2015, and is anticipated to be completed and delivered to our tenant near June 1, 2016, to allow for opening in Summer, 2016. Design, review and final licensing of the facility will determine the final square footage and in turn, the license capacity of the facility. In addition to the amendment to allow an approximate 10,000 square foot facililty, we are requesting a reduction in the setback to accommodate the facility as depicted in the site plan. With the site being of a long and narrow configuration, along with setback requirements from Pilot Knob Road (50') and Knob Drive (30'), our tenant deviated from our protypical building of 10,816 square feet to approximately 10,000 s£ This allows them to substantially reduce the encroachment in the setback Construction I Project Management I Real Estate Development 669 North Medina Street P.O. Box 8 Loretto, MN 55357 763A79.1300 763.479,326 .shirigob e.corn City of Eagan Planning Commission June 26, 2015 Page 2 to small portions of the building while maitaing the license capacity of 206 children to maintain the financial feasibility of the business. Finally, the ammendment to the PUD also requests tallowimg a minimal reduction to the building setbacks allow for the site to accommodate the parking, open space, and play area required by the City of Eagan and Minnesota Department of Health in relation to the facility licensing. As seen in the ALTA Survey included in our submittal, the placement and construction of the dental building and its retaining wall to the south of subject property was placed on and over the property line. The proximity to the property line and construction of retaining wall onto subject property forced the move of the proposed building to the south. This move resulted in the encroaclunent of setbacks on both east and west sides. We have made every attempt to minimize the encroachment while still maintaining the functioality of the project. Impact to Area Currently near the site, there is a mix of single family residential, commercial, and retail uses. The development of this property is intented to blend in both functionally and aesthetically with the surrounding properties and uses. The anticpated impact to the site would be one in a positive nature, providing additional services to the needs and desires of the residents of the area while enhancing the current businesses in the area. The proposed use would also provide a positive change to the property tax levy on this property. The intent of the location is to build the business based on the current population in the ara while also capturing opportunities from the current traffic patterns of both Diffley Road and Pilot Knob Road. With the facility operating from 6:30 AM to 6:30 PM Monday thru Friday and closed on weekends, we see apositive impact to the surrounding businesses based on the enrollment strategy of the facility and a source to additional patrons to the surrounding businesses. Traffic Flow The following provides a detailed description of the traffic flow related to the site, modeling after similar locations that are currently in operation. The information below provides insight on the process related to the drop-off and pick-up of the students via the Knob Drive access points: Parents/guardians are required to physically bring their child into the center and sign thein in both with a written signature as well as on our touch screen login system. The process of pick up is similar. This process generally takes from 3 to 5 minutes. Pickup usually takes from 4 to 6 minutes as teachers give the pick-up person a summary of the days' activities, work done during the day and/or homework. Prestige buses pick children up at the elementary schools in the area and transport them to the preschool at different times of the day depending on demand. Depending on demand children may be transported to the elementary school in the morning while others may be dropped off at the elementary schools by their parents and brought to the facility for after school programs only and require pick-up only. After school children usually arrive at the center City of Eagan Planning Commission June 26, 2015 Page 3 between 2:30 and 3:00pm, during non -peak periods. After use the buses are parked at the far end of the parking lot away from traffic as part of the staff parking area. Staff members will park in the areas furthest from the entrance and on the side opposite the entrance to allow parents bringing children into the preschool to park closer to the entrance. The northern end of the property/parking area will be designated for staff parking. This allows parents/guardians bringing their children into the preschool to avoid crossing traffic as they move from their cars to the entrance of the building and vice versa. During peak hours of operation the number of staff on hand averages between 13 and 16. It is anticipated that staff will use local transportation while others carpool or often dropped off by a spouse or friend. Parents/guardians pick up and drop off children throughout the day. A dozen or so families typically drop off early and leave late. Parents of half day children are generally picked up between 12:00 noon and 12:30pm. The heaviest drop off time is between 8:00 a.m. and 9:45am. The peak pick up time is between 4:30 p.m. and 5:45pm. The number of parents/guardians bringing children into the preschool or picking up at the same time usually peaks for a full center at about 10 to 15. Since there are no specific times for classes to begin or end at the preschool, parents and children arrive with and / or leave with their children at staggered times. This fact along with the requirement that children are signed in individually with their parent or guardian parking in the parking lot alleviates concern regarding stacking and traffic. After 6:30 p.m. during weekdays and all through the weekend there is no traffic generated. Part of the reason for our site selection was to support the area and supplement the existing business in the area. With many of the students and their families live in the nearby communities, a certain amount of foot traffic, based on the path and trail system of the City of Eagan, will be utilized. In addition, with our location adjacent to a series of businesses and retail uses, our location will provide the ability for families to drop-off and pick-up based on current use of the facility, reducing additional trips. Benefit to Area and City of Eagan and its Residents The orginally intended use of the property was that of general commercial type facility, as depicted in the original PUD. The proposed facility and its use would fall into that original intent. It is understood that the current infrastructure (water, sewer, storm water ran -off, and roadways) in place was designed to accommodate a commercial -type use, which our proposed function and design would fall into and anticipate operating within the current capacity of the infrastructure in place. City of Eagan Planning Commission June 26, 2015 Page 4 The benefit to the area will be provided both from an aesthetic and strategic business increase. The design of the building is intended to blend in with the surrounding commercial and residential neighborhood facilities, which are diverse in nature. Additionally, the development of this site as a childcare facility will continue to demonstrate the growth and focus of the community while completing the development of Knob Hill Professional Park in which this property has been sitting vacant for many years. With the facility's exposure on Pilot Knob Road and safe vehicular and pedestrian access from both Pilot Knob Road and Diffely Road, we anticipate a positive addition to the neighborhood retail vision of this area. Please feel free to contact me directly with any questions or requirement of further clarifications or information. I can be reached via phone, (763) 479-5637, or email, jfahning@shingobee.com. Julie Strid From: Mike Ridley Sent: Thursday, July 30, 2015 1:29 PM To: Pam Dudziak Cc: Julie Strid Subject: FW: Prestige Preschool Academy From: Cheryl Stevenson On Behalf Of City Council Sent: Thursday, July 30, 2015 8:57 AM To: Jon Hohenstein; Mike Ridley; Dave Osberg Subject: FW: Prestige Preschool Academy From: a.bour@comcast.net [mailto:a.bour@comcast.net] Sent: Thursday, July 30, 2015 8:45 AM To: City Council Subject: Prestige Preschool Academy Dear; Mayor Mike Maguire I would like the opportunity to voice my concerns at the up coming August city council meeting on the submitted application for the day care proposed at 4150 Knob Dr. -The size of the building (10,400 sq ft) that is zoned for a building less then half that size. There most have been a good reason for the city of Eagan to zone this land to have a maximum size building of 5,000 sq ft. -The amount of added traffic on our small street. Our street is used as a cut through for both Diffley Road and Pilot Knob Drive, to avoid the stop lights. -The number of parking spaces for a building of this size. They are not allowing enough parking, the developer is stating that the some of employees will us public transit to and from work, there is no public transit in this part of Eagan. -Where they will put the snow and the number of parking spaces lost on the average because of snow plowing. In viewing the proposed plans they have no choice but to store the snow in the parking lot, which will take away from the small amount of spaces available. -Number of employees to parking spaces, along with 24/7 parking for the day care transport vans (no room for parent parking). In looking at other day cares of this size the employees and company vans take up the majority of the spaces and these facilities have more parking then what is planned for with this building. -The number of young kids allowed for by the state of Minnesota based on the building size. The developer is saying they are planning for 200 kids, the state will allow them up to 224 kids, that means around 125 to 200 addition cars using this already busy street and again not enough parking in the peak times of pick up and drop off. -The set backs the city planners are permitting the building and trash are to be. The planners are allowing the building and enclosed trash area to be closer to the property line then what the city normally would allow (which means again the building is to large for the property). Will the enclosed trash area gates face the street? Which then means the trucks will need to block the street when picking up because it will sit so close to the street -Delivers How will the center handle food and supplies deliveries? We do not see on the plan an area for the trucks to pull in and out. Will they be parking on the street, will they be pulling into a parking area not friendly to large trucks. We all would like to see this property be developed. But it needs to be size appropriate for this odd shaped piece of land. This is something that can not be undone, if the city finds after the fact it did not make since to permit such a large building for the area. We the residence will be stuck with this decision long after the City Council has moved on. Respectfully Tony Bour 4161 Knob Dr. Eagan MN 55122 P ot"nob Animal Hospital 4145 KNOB DRW EAGAN, MINNESOTA 55122 (651) 452-8760 July 30, 2015 Community Development 3830 Pilot Knob Road Eagan, MN 55122 Dear Planning Department, I am writing in response to the pro 'I used Prestige Preschool Academy development at 4150 Knob Drive, Lot 3, Block 2, Knob Will Professional Park My business is located across from the proposed development on Knob Drive. Many of my clients currents have difficulty seeing us from Pilot Knob Road as we are only a one-story building, We have a building sign a d a sign in the front yard to help our clients find our location., road. As our business depends on development will have on us. I would like to propose that the ne Knob Road for businesses that will clientele. Thank you for your consideration. Sincerely, 11 * parking lot and playground between our building and Pilot Knob Road. I around the playground, which will further hinder our visibility from the jr visibility to our clients, we are very concerned about the impact this development allows for signage to be built in the boulevilrd next to Pilot ? affected by their building. This way we can keep our visibility to our Orkynnifer Yip Owner and veterinarian at Pilot Knjb Animal Hospital 4165 Knob Drive Eagan, MN 55122 July 30, 2015 Mayor Mike Maguire Councilmember Paul Bakken Councilmember Cyndee Fields Councilmember Gary Hansen Councilmember Meg Tilley Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Mayor Maguire, Councilmember Bakken, Councilmember Fields, Councilmember Hansen, and Councilmember Tilley, Regarding the Application for a Planned Development Amendment (File Number 21 -PA -05-06-15) that Shingobee Builders has submitted to the City, and is scheduled to appear on the Monday, August 3, City Council agenda, we would like to present a number of areas of concern that the members of the neighborhood have with the plan. The Knob Hill Professional Park Planned Development Agreement has been in place since 1985 and was an important part of the decision-making process when we extended our offer to purchase one of the residential lots within the Knob Hill Professional Park over 20 years ago. This Agreement designated that the lot that is the subject of the application is planned for development of a 5,000 square foot, single story office building. The City denied a previous development proposal in 2002 due to the proposed size of the building, insufficient parking, and issues with setbacks. We maintain that those same adverse conditions exist with this planned development, and that because of those factors, as well as additional issues with the current development plan, which we present here, this Amendment Application should be denied. The concerns that we have include: the proposed deviation from the size of the building as stated in the Knob Hill Professional Park Planned Development Agreement being over double the planned 5,000 sq. ft. building, • the planned licensing of the daycare facility for 206 children, which would actually allow for up to 224 children (state licensing capacity range is 200 to 224 children), • the impact of the increase in traffic on an already heavily traveled street (it is used as a shortcut between Pilot Knob Road and Diffley Road by drivers who do not want to deal with the stoplights at the intersection of the two roads), • 31 parking spaces, which is insufficient for the number of staff and families enrolled at the daycare, • lack of overflow parking for special events at the daycare facility, • safety issues resulting from unacceptable use of on -street parking, • insufficient setbacks, including the setback for the trash receptacles, which are placed directly across from the residential area, with no plans for odor control or remediation, • the real estate developer's assumptions regarding: o staff use of local transportation (there are no bus routes in our neighborhood, or in close proximity on Pilot Knob Rd. or on Diffley Rd.) and carpooling, n the amount of time involved in dropping off and picking up children from daycare at which time cars need a place to park, • the plan that that staff and clients would be walking to the daycare rather than taking cars, which is impractical and unsafe because of the lack of sidewalks on Knob Drive, the daycare company does not have an established market in Minnesota, the lack of involvement of the daycare owners in this process, and the stated intention of the real estate developer not to be involved in this investment long- term. Given Eagan's changing demographics, it is likely that this facility will face alternate uses in the future. The uses would be limited, given the building's proposed size with only 31 parking spaces. We feel that the planners who developed the original plan got it right the first time. The size and shape of the lot are suited for the 5,000 sq. ft. size of the building that the original plan anticipated. That size would also allow for sufficient parking spaces on the remaining land to support the usage of a building that size. We are not opposed to a daycare, or to the development of the lot in general; we just want to see that it is done in a way that is proportionate to the size of the lot. We respectfully request that the Mayor and the Council reject the Application for the Planned Development Amendment, and maintain the current plan for this site. Sincerely, Dennis J. Shaw Karen Piehler-Shaw XFINITY Connect XFINITY Connect Prestige Preschool Academy From : a bour <a.bour@comcast.net> Subject : Prestige Preschool Academy To 'Citycouncil@cityofeagan.com Dear, Mayor Mike Maguire Page 1 of 1 a.bour@comeast.m + Font Size - Thu, Jul 30, 2015 08:44 AN I would like the opportunity to voice my concerns at the up coming August city council meeting on the submitted application for the day care proposed at 4150 Knob Dr. -The size of the building (10,400 sq ft) that is zoned for a building less then half that size. There most have been a good reason for the city of Eagan to zone this land to have a maximum size building of 5,000 sq ft -The amount of added traffic on our small street, Our street Is used as a cut through for both Diffley Road and Pilot Knob Drive, to avoid the stop lights. -The number of parking spaces for a building of this size. They are not allowing enough parking, the developer is stating that the some of employees will us public transit to and from work, there Is no public transit in this part of Eagan. -Where they will put the snow and the number of parking spaces lost on the average because of snow plowing. In viewing the proposed plans they have no choice but to store the snow in the parking lot, which will take away from the small amount of spaces available. -Number of employees to parking spaces, along with 24/7 parking for the day care transport vans (no room for parent parking). In looking at other day cares of this size the employees and company vans take up the majority of the spaces and these facilities have more parking then what is planned for with this building. -The number of young kids allowed for by the state of Minnesota based on the building size. The developer is saying they are planning for 200 kids, the state will allow them up to 224 kids, that means around 125 to 200 addition cars using this already busy street and again not enough parking in the peak times of pick up and drop off. -The set backs the city planners are permitting the building and trash are to be. The planners are allowing the building and enclosed trash area to be closer to the property line then what the city normally would allow (which means again the building is to large for the property). Will the enclosed trash area gates face the street? Which then means the trucks will need to block the street when .picking up because It will sit so close to the street -Delivers Flow will the center handle food and supplies deliveries? We do not see on the plan an area for the trucks to pull in and out. Will they be parking on the street, will they be pulling into a parking area not friendly to large trucks. We all would like to see this property be developed. But it needs to be size appropriate for this odd shaped piece of land. This is something that can not be undone, if the city finds after the fact it did not make since to permit such a large building for the area. We the residence will be stuck with this decision long after the City Council has moved on. Respectfully Tony Bour 4161 Knob Dr, Eagan MN 55122 https://web.mail.comeast.netlzinzbralhlprintmessage?id=330025&tz=AmericalChicago&xi... 7/30/2015 July 26, 2015 Mark Oliver 4169 Knob Dr Eagan, MN 55122 Dear Eagan City Planners Re: 4150 Knob Dr Project Our family is resident of Eagan, residing at 4169 Knob Drive since August 2000. We were aware of the plans on the Knob Hill Professional Planned Development when we made the decision to purchase our property. We obviously were aware that our street was a mixture of residential and business. However the proposed Planned Development Amendment is causing our family great concern. The Planned Development Amendment is primarily attempting to revise the SF of the facility from 5000 SF to 10,400 SF. Traffic. Knob Drive is a cut -through between Pilot Knob and Diffley Road. There is no posted speed limit. There is no center line. There are no sidewalks on Knob Drive. We have a significant amount of traffic cutting through during the work time commute 7:30 am — 9:00 and 3:30 — 6:30 PM. We have had more than our share of close calls with cars speeding through at speeds up over 50 MPH. The proposed full enrollment for the Prestige center is 204. This is going to result in an additional 100 families dropping off children on Knob Dr during the peak commute time. It was our understanding that the Planned Development was for a Business space which would have customers which appointments more evenly spaced throughout the day Parking. We understand that the code is dictating a requirement for 41 parking spaces at the facility. With an enrollment of 204 students, that is going to dictate by licensing a student/teacher ratio such that the staff is going to require at least 30 parking spaces. I see the applicant has calculated that pickup/drop time is such that the amount of simultaneous parking spaces required is only 10-15 spaces. As a parent who did daycare for 6 years this is not realistic. Are most recent experience was at Primrose on Johnny Cake Ridge road in Eagan. Primrose has 41 parking spots and similar enrollment. Routinely at pickup between 6-6:15 PM I was forced to park at the THINK bank or CVS parking lots. It would have been very concerning to me if I was forced into a street parking situation. The center will have programs and dance recitals etc that will drive the requirement for many more parking spots than can be provided on the land parcel. We believe the original planners who generated the Planned Development took this into account in dictating the 5000 SF design. The City of Eagan denied a proposed office building in 2002 for the same logic, We are concerned that is is unsafe to be parking Knob Drive for overflow due to multitude of cars speeding by. Summary. While we are happy to see the City of Eagan flourish and new businesses be created, the original planners or the Knob Hill Professional Park had it right. They had right -sized facilities which blended into our residential neighborhood, and treated us with respect. Thank you for your time. Mark, Dawnette and Kendall Oliver We respectfully request that the Mayor of Eagan and the Eagan City Council members deny the application for a Planned Development Amendment related to the development of the property located at 4150 Knob Drive; Lot 3, Block 2, Knob Hill Professional Park due to the significant deviation from the size of the building that is included in the original Knob Hill Professional Park Development Plan, the lack of sufficient on-site parking, the deviation from the setbacks currently required by the original Plan, and the impact on the access to the neighborhood and the safety of the residents due to the significant increase in the amount of vehicle traffic on Knob Drive that will occur if the Shingobee Real Estate development plan is allowed to move forward. 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Y .Qc %l - Printed Name Eagan, MN 55122 City, State, Zip Code da U,Mal'i�1��" Si nature v)n itr\'6\o Street Address I ignature Z/,//Zz Street Address Street Address Signature -L/1-7 /V:X Street Address Printed Name Eagan, MN 55122 City, State, Zip Code \ r� Printed Name Eagan, MN 55122 City, State, Zip Code Printed Name Eagan, MN 55122 City, State, Zip Code L-5 L Printed Name Eagan, MN 55122 City, State, Zip Code Signature Printed Name 19 E KV%d r) 11 C� Eagan, MN 55122 Street Address City, State, Zip Code Signature 4 11'3 !� yr 1 afve Street Address Signature Z///.. Oe1C% 0C-) �4 �//l Y V it Street Address Sign ture I �'s "V"! L'l R, -- Street Address PiRMY'�-* N/��. %. Printed Name Eagan, MN 55122 City, State, Zip Code ..�cot) ,f- dil Printed Name Eagan, MN 55122 City, State, Zip Code --I<�i 10 rN Pri ted Name Eagan, MN 55122 City, State, Zip Code Signature Printed Name Eagan, MN 55122 Street Address City, State,.Zip Code Signature Printed Name Erman, MN 55122 Street Address City, State, Zip Code Signature Printed Name Eagan, MN 55122 Street Address City, State, Zip Code We respectfully request that the Mayor of Eagan and the Eagan City Council members deny the application for a Planned Development Amendment related to the development of the property located at 4150 Knob Drive; Lot 3, Block 2, Knob Hill Professional Park due to the significant deviation from the size of the building that is included in the original Knob Hill Professional Park Development Plan, the lack of sufficient onsite parking, the deviation from the setbacks currently required by the original Plan, and the impact on the access to the neighborhood and the safety of the residents due to the significant increase in the amount of vehicle traffic on Knob Drive that will occur if the Shingobee Real Estate development plan is allowed to move forward. 'gnature qJS'7izd��r�e. Street Address Printed Name Eagan, MN 55122 City, State, Zip Code ly��r'\ U�� � A �A om e'� Signature Printed Name 05"1 �hoki r�V� Eagan, MN 55122 Street Address City, State, Zip Code Signature Street Address Signature Printed Name Eagan, MN 55122 City, State, Zip Code Printed Name Eagan, MN 55122 Street Address City, State, Zip Code To: City Council Member Gary Hansen Page 1 of 13 2015-07-31 14:53:35 CST FAX COVER SHEET 19523782880 From: Karen Piehler-Shaw TO City Council MemberGary Hansen COMPANY City of Eagan FAXNUMBER 16516755012 FROM Karen Piehler-Shaw DATE 2015-07-31 14:52:47 CST RE FW: Planned DevelopmentAmendmentFile Number21-PA-05- 06-15 COVER MESSAGE We have submitted the attached petition, signed by 12 of the 13 households in the neighborhood (one household's members are out of town) immediately adjacent to the site to which the Planned Development Amendment File Number 21 -PA -05-06-15 applies, along with letters from 3 sets of neighbors, explaining our concerns regarding this planned development. The neighborhood is united in its concern that when this site is developed, it is done so with a building that is right -sized for the lot, with adequate parking and setbacks, so it will not disrupt the existing neighborhood, and will not cause additional traffic and safety issues. The neighbors are not opposed to the development of this site, but want it to be done according to the existing Knob Hill Professional Park Development Plan. We feel that the plan put forth by Shingobee Builders presents significant challenges due to the deviations from the original plan and the type of development they are planning. We respectfully request your careful consideration of the numerous concerns that we have with the plan put forth by Shingobee Builders, as outlined in the letters. We will attend the City Council Meeting on Monday, Aug. 3, at which time we hope to be able to discuss the issue with the City Council. If, in the meantime, you have any questions regarding the information included with this fax, please feel free to contact me at the number listed below. Sincerely, Karen Piehler-Shaw 4165 Knob Drive Eagan, MN 55122 612-210-5131 WWW.EFAX.COM To: City Council Member Gary Hansen Page 2 of 13 2015-07-31 14:53:35 CST 19523782880 From: Karen Piehler-Shaw We respectfully request that the Mayor of Eagan and the Eagan City Council members deny the application for a Planned Development Amendment related to the development of the property located at 4150 Knob Drive; tot 3, Block 2, Knob Hili Professional Park due to the significant deviation from the size of the building that is included in the original Knob Hill Professional Park Development Plan, the lack of sufficient on-site parking, the deviation from the setbacks currently required by the original Plan, and the impact on the access to the neighborhood and the safety of the residents due to the significant increase in the amount of vehicle traffic on Knob Drive that will occur if the Shingobee Real Estate development plan is allowed to move forward. Signature -b <./V "I- H � t_) Printed Name Eagan., MN 55122 Street Address City, State, Zip Code Put .. .... ..... . . Signature Printed Name Ea an, MN 55122 Street Address City, State, Zip Code Signature. Printed Name Eagan. MN 55122 Street Address City, State, Zip Code Signature Printed Name ,I 3- Eagan, MPJ 5512.2 Street Address City, State, Zip Code To: City Council Member Gary Hansen Page 3 of 13 2015-07-31 14:53:35 CST 19523782880 From: Karen Piehler-Shaw We respectfully request that the Mayor of Eagan and the Eagan City Council members deny the application for a Planned Development Amendment related to the development: of the property located at 4150 Knob Drive; Lot 3, Block 2, Knob Hill Professional Park due to the significant deviation from the size of the building that is included in the original Knob Hill Professional Park Development Plan, the lack of sufficient on-site parking, the deviafion from the setbacks currently required by the original Plan, and the impact an the access to the neighborhood and the safety of the residents due to the significant increase in the amount of vehicle traffic on Knob Drive that will occur if the Shingobee Real Estate development plan is allowed to move forward. mgnature Printed Name MN 551 _2 Street Address City, State, Zip Code Signature Street Address Signature Street Address Signature Printed Name ,Eagan,. MN ... 55122. City, State, Zip Cade Printed Name Eagan, MN 55122 City, State, Zip Code Printed Name Ea MN 5512. ..ilgan. Street Address City, State, Zip Code To: City Council Member Gary Hansen Page 4 of 13 2015-07-31 14:53:35 CST Signature Street Address Printed Name Eagan, MN 5.5,122 City,.State, Zip Code A. Signature Printed Name Street Address Signature 3 5 - Street Address T -j Signature Street Address Eagan, MN - 55122 City, State, Zip Code X N Printed Name Eagan, MIN 55122 City, State, Zip Code 19523782880 From: Karen Piehler-Shaw Lizz 014 - Printed Name Ij Eagan,. MN_-- 55122 City, State, Zip Code Printed Name Eafscjn , MN 55122 City, State, Zip Code To: City Council Member Gary Hansen Page 5of13 2015-07-31 14:53:35 CST 19523782880 From: Karen Piehler-Shaw rs. Signature Printed Name 4M, Eagan, MN 55122 Street Address City, State, Zip Code Signature Street Address A Signature Street Address Signature Street Address VI a. Signature 1 6 .. A(A Printed Name Eagan, MN 55122 City, State, Zip Code P-.rinted Name' Oi��' -Stat�; -zlo' bode Printed Name Eagan, IMN 55122 City, State, Zip Code Printed Name Eagan,Mq, 55122 Street Address City, State, Zip Code To: City Council Member Gary Hansen Page 6 of 13 2015-07-31 14:53:35 CST Ito �Vl ) 4 _. Sign,ii.jre Street Address Signature Street Address Signature Street .Address r. / Signature I Street Address Signature 11 yp _ 1�+�,.-_3 'Y;.-�. Street Address yt � Printed Name Lraan i�I,�N 55122 City, State, Zip Cade Printed dame Eagan, MN 55122 City, State, Zip Code Printed Name Eagan, Milt 55122 City, State, Zip Cade 19523782880 From: Karen Piehler-Shaw Printed Name Eaten MN 551225512.2 City, State, Zip Code t tr. L9 v, Printed Name Eagan, MN 55122 City, State, Zip Code To: City Council Mernber Gary Hansen Page 7 of 13 2015-07-31 14:53:35 CST 4 A nOu re Street Address ure fti r rr Street..Address Signature Street Address Printed Name 19523782880 From: Karen Piehler-Shaw A 4_1 L I .Eagan, MN 55122 City, State,.Zip Code A.4) Printed Name Eagan, MIN 55122 City, State, Zip Code Printed Name .Eagan, MN 55122 City, State, Zip Code Printed Name Eagan, WIN 55122 City, State, Zip Code -xg Signature Printed Name j P, U Eagan, MN 55122 Street Address City, State, Zip Code To: City Council Member Gary Hansen Page 8 of 13 2015-07-31 14:53:35 CST 19523782880 From: Karen Piehler-Shaw L��.� ��� Signature ,S 'I`Addres el mature 61- 'tx Street Address 6 Street Address Signature Street Address Signature Printed Name Eagan, VIN 55122 City, State, Zip Code Printed Name Eagan, MN 55122 City, State, Zip Code Pflnfted NAMO Eak',In�...M W 5-5,12 City, State, Zip Code Printed Name .Eagan, MN 55122 City, State, Zip Code Printed Name Eagan, MN 55122 Street Address City, State, Zip Code Signature Printed Name Eagan, MN 55122 Street Address City, State, Zip Code To: City Council Member Gary Hansen Page 9 of 13 2015-07-31 14:53:35 CST 19523782880 From: Karen Piehler-Shaw 4165 Knob Drive Eagan, MN 55122 July 30, 2015 Mayor Mike Maguire Councilmember Paul Bakken Councilmember Cyndee Fields Councilmember Gary Hansen Councilmember Meg Tilley Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 Mayor Maguire, Councilmember Bakken, Councilmember Fields, Councilmember Hansen, and Councilmember Tilley, Regarding the Application for a Planned Development Amendment (File Number 21 -PA -OS -06-15) that Shingobee Builders has submitted to the City, and is scheduled to appear on the Monday, August 3, City Council agenda, we would like to present a number of areas of concern that the members of the neighborhood have with the plan. The Knob Hill Professional Park Planned Development Agreement has been in place since 1985 and was an important part of the decision-making process when we extended our offer to purchase one of the residential lots within the Knob Hill Professional Park over 20 years ago. This Agreement designated that the lot that is the subject of the application is planned for development of a 5,000 square foot, single story office building. The City denied a previous development proposal in 2002 due to the proposed size of the building, insufficient parking, and issues with setbacks. We maintain that those same adverse conditions exist with this planned development, and that because of those factors, as well as additional issues with the current development plan, which we present here, this Amendment Application should be denied. The concerns that we have Include: • the proposed deviation from the size of the building as stated in the Knob Hill Professional Park Planned Development Agreement being over double the planned S,000 sq. ft. building, • the planned licensing of the daycare facility for 206 children, which would actually allow for up to 224 children (state licensing capacity range is 200 to 224 children), • the impact of the increase In traffic on an already heavily traveled street (it is used as a shortcut between Pilot Knob Road and Diffley Road by drivers who do not want to deal with the stoplights at the intersection of the two roads), • 31 parking spaces, which is insufficient for the number of staff and families enrolled at the daycare, • lack of overflow parking for special events at the daycare facility, • safety issues resulting from unacceptable use of on -street parking, • insufficient setbacks, including the setback for the trash receptacles, which are placed directly across from the residential area, with no plans for odor control or remediation, To: City Council Member Gary Hansen Page 10 of 13 2015-07-31 14:53:35 CST the real e5tiate developer's assumptions regarding-. 19523782880 From: Karen Piehler-Shaw staff use of local transportation (there are no bus routes in or.rr neighborhood, or in close proximity on Pilot Knob Rd. or on Diffley Rd.) and carpooling, U the amount of time involved in dropping off and picking up children from daycare at which time cars, novd a place to park, o the plan that that staff and clients would be walking to the daycare rather than taking: cars, which is impractical and unsafe because of the lack of sidewalks on Knob Drive, the daycare company does not have an established market in Minnesota, the lack of involvernent of the daycare owners in this process, and the stated intention of the real estate developer not to be involved in this investment long- term. Given Eagan's changing demographics, it is likely that this facility will face alternate uses in the future. The uses wov)d be limited, ,given the bt ildmg's propased size with only .31 parking spaces. We feel that the planner, who developed the original plan got it right tate first time. The size and shape of the lot are suited forthe 5,000 sq. ft. size of the building that the orifi nal plan anticipated, That size would also allow for sufficient parking spaces on the remaining land to support the usage of a building that size. We are not opposed to a daycare, or to the development of the lot in general; we just want to see that it is done in a way that is proportionate to the size of the lot. We respectfully request that the Mayor and the Gouncii reject they Application for the (Manned Deve,lopmant Amendment, anis maintain the current plan for this site. Sincerely, � 7/ Dennis J. Shaw Daren Plehler-Shaw To: City Council Member Gary Hansen Page 11 of 13 2015-07-31 14:53:35 CST 19523782880 From: Karen Piehler-Shaw XM1TY Connect XFINITY Connect Prestige Pres+cF►oot Academy From: a bour ca.bour@@comcast.net> SubjeLt 1 Prestige Preschool Academy *To: citycyouncil@Icityofeagan.coni Dear; Mayor Mike Maguire a. bour@examcast.ne Font Size Thu, Jul 30, 2015 00:44 AN I would like the opportunity to voice my concerns at the up wminrg August city council meeting on the submitted appiicztion for the day care proposed at 4150 Knob Dr. -The size of the building (10,400 sq ft) that is zoned for a tHAding less then half that size. There most have been a good reason for the city, of Eagan to zone this land to have a maximum size building of 5,rM sq ft, The amount of added traffic on our small street. Our street Is used as a cut through for both diffley Road and Pilot Knob Drive, to avoid the stop lights. -The number of parking spaces for a building of this size. They are, not allowing enough parking, the developer Is stating that the some of employees WIR tis public transit to and from work, there is no public transit in this part of Eagan. -Where they will put the snow and the number of parking spaces lost on the average becauae of snow plowing. In viewing the proposed plans they have no rhoi+;e but to story~ ffie snow in the parking lot, whidi will take away from the small amount of spaces avaflabie, -Number of employees to parking spaces, along with 2417 parking for file day cane Uanspart vans (no room for parent parking). In looking at other day cares of this size the employees and company vans take up the majority of the spaces and these fadlities have more panting then what is planned for with this building. -The number or young YJds allowed for by the state of Minnesota based on the building size. The developer is saying they are planning for 200 kids, the state will allow therm up to 22.1 kids, that means around 125 to 200 addi0oo cars using this already My street and again not enough parking In the peak times of pick up and drop off. -lire set bucks the city planners are permitting the building and trash am. to be. The planners are allowing the building and enclosed trcrsfi area to be. closer to the property line then what the city normally would allow (which means again tlx: building is to large for the property). Will the enclosed trash area gates face tfm Street? Which then means the trucks will need to block the sheet when picking up because 'it will sit so dory to the street -Delivers How writ the center handle fDod and supplies deliveries? We do not see on the plan an area for the laude: to pull in and out. Will they be parking on the street, will they be pulling into a parking area riot friendly to large trucks. We all would like to see. this property be developed. But it needs to be size appropriate for this odd shaped piece of land. This is something that can not be undone, if the city finds atter the tact it did not make since to perrrfrc such a large building for the area, We the residence wit be stuck with this decision long after the City Council has moved col, Respectfully Tony Dour 4161 Knob Dr, Eagan MN 55122 �li1d78:IIWoI?-lilill�.CO117C�3�2.IlOf/L'11111TPitI}1In! tnYiTiCSSsZio 71{�=i l7f) c T= h rrtCi {Cr�It'Fltl il.�Qla !Xt... 7/30001 � To: City Council Member Gary Hansen Page 12 of 13 2015-07-31 14:53:35 CST 19523782880 From: Karen Piehler-Shaw July 26, 2015 Mark Oliver 4164 Knob Dr Eagan, MN 55122 Dear Eagan City Planners Re: 41501 Knob Dr Project Our family is resident of Eagan, residing at 4169 Knob Drive since August 2000. We were aware of the pians on the Knob Hili Professional Planned Development when we made the decision to purchase our property. We obviously were aware that our street was a mixture of residential and business. However the proposed Planned Development Amendment is Causing our family great concern. The Planned Development Amendment is primarily attempting to revise the 5F of the facility from 5000 SF to 10,400 SF. Traffic. Knob Drive is a cut -through between Pilot Knob and Diffley Road. There is no posted speed limit. There is no center line. There are no sidewalks on Knob Drive. We have a significant amount of traffic cutting through during the work time commute 7:30 am -- 9:00 and 3:30 — 6:30 PM. We have had more than our share of close calls with cars speeding through at speeds up over 50 MPH. The proposed full enrollment for the Prestige center is 204. This is going to result in an additional 100 families dropping off children on Knob Dr during the peak commute time. It was our understanding that the Planned Development was for a Business space which would have customers which appointments more evenly spaced throughout the tray Parking. We understand that the code is dictating a requirement for 41 parking spaces at the facility. With an enrollment of 204 students, that is going to dictate by licensing a student/teacher ratio such that the staff is going to require at least 30 parking spaces. I see the applicant has calculated that pickup/drop time is such that the amount of simultaneous parking spaces required is only 10-15 spaces. As a parent who did daycare for 6 years this is not realistic. Are most recent experience was at Primrose on Johnny Cake Ridge road in Eagan. Primrose has 41 parking spots and similar enrollment. Routinely at pickup between 6-6:15 PIVI was forced to park at the THINK bank or CVS parking lots. It would have been very concerning to me if I was forced into a street parking situation. The center will have programs and dance recitals etc that will drive the requirement for many more parking spots than can be provided on the land parcel. We believe the original planners who generated the Planned Development took this into account in dictating the 5000 SF design. The City of Eagan denied a proposed office building in 2002 for the same logic. We are concerned that is is unsafe to be parking Knob Drive for overflow due to multitude of cars speeding by. To: City Council Member Gary Hansen Page 13 of 13 2015-07-31 14:53:35 CST 19523782880 From: Karen Piehler-Shaw Summary, !While we are happy to see the City of Eagan flourish and new businesses be created, the original plAnners orthe Knob Bili Professional Park had it right. They had right -sized €acilities which blended into our residential neighborhood, and treated us with respect. Thank you for your time. Mark, Dawhette and Kendall Oliver Px X1 CE.:�f At. F Cheryl Stevenson From: Mike Ridley Sent: Monday, August 03, 2015 11:38 AM To: Cheryl Stevenson Cc: Pam Dudziak; Julie Strid Subject: FW: 4150 Knob Drive Michael J. Ridley, AICD I City Planner I City of Eagan City Hall 13830 Pilot Knob Road I Eagan, MN 55122 1651-675-5650 ( 651-675-5694 (Fax) I mrid levCa.cityofeagan.com lultyof Ea 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. From: Dr. Brent Florine[mailto:b.florine0oralsuryerycare.com] Sent: Monday, August 03, 2015 11:36 AM To: APC Cc: b.florine@oralsurgerycare.com Subject: 4150 Knob Drive Dear Planning Commission, I strongly oppose the granting of any variances for this project, especially with regards to parking. My understanding is that there will be 30 employees and 31 parking spaces. Some of those 31 spaces would be handicap spots, so there would seemingly not be enough parking even for employees. Mass transit would never be used for a day care facility in this area and there would rarely, if ever, be a family who would ever walk. Parents dropping off and picking up their children would be parking somewhere, either in the fire lanes of their lot or on the street. The peak times would see a great deal of this type of congestion. This would be a safety issue for the pedestrians, who would include many young children. My parking lot is directly across the street from this planned facility and there would likely be unauthorized use of my lot as well, which could impact my business. I am also opposed to the granting of any variance for the size of the building given the lot size. The ordinances in place were passed for reasons of having appropriate buildings on any given lot with many issues in mind, including parking. These should not be ignored for development, especially when the safety of children is put at risk. Thank you, Brent Florine, DDS Oral Surgery Care 4151 Knob Drive Eagan 651-688-8592