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10/06/2015 - City Council Regular AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING OCTOBER 6, 2015 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE a Resolution to accept a donation from Minnesota Energy in the amount of $1,400 for the Fire Department and authorize the necessary Budget Adjustments F. APPROVE a Resolution to accept a donation from Eagan Residents in the amount of $50 for the Fire Department and authorize the necessary Budget Adjustments G. APPROVE a resolution accepting a $1000.00 donation from the Eagan Rotary Club and allow corresponding budget adjustments H. APPROVE a resolution accepting a $500.00 donation from the Dakota County Elk’s Club and allow a corresponding budget adjustment I. APPROVE Final Plat – Spangrud Addition J. APPROVE Final Subdivision, Final Planned Development, and Vacation of Easements and Right- of-Way – Central Park Commons K. AUTHORIZATION To Execute Joint Powers Agreement With Dakota County To Use City Broadband Conduit Along Johnny Cake Road Between Eagan City Hall And Dakota County Western Service Center In Exchange For Fiber Strands L. AUTHORIZE the Application of a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant M. APPROVE Change Order #2 for the Fire Station Four Remodel N. APPROVE a Resolution to schedule Public Hearing for November 2 related to bonds to be issued by the City of Hugo for the Minnesota Autism Center’s Eagan project O. RECEIVE Final Assessment Report for Project No. 1157 – Blackhawk Hills & Blackhawk Hills 2nd Additions – Street Improvements and Schedule Public Hearing for November 2, 2015 P. RECEIVE Final Assessment Report for Project No. 1162 – Mallard Park 3rd & 4th Additions – Street Improvements and Schedule Public Hearing for November 2, 2015 Q. RECEIVE Final Assessment Report for Project No. 1165 – Rooney Addition – Street Improvements and Schedule Public Hearing for November 2, 2015 R. RECEIVE Final Assessment Report for Project No. 1169 – Wilderness Run 1st & 3rd Additions - Street Improvements and Schedule Public Hearing for November 2, 2015 S. RECEIVE Final Assessment Report for Project No. 1158 – Cedar Grove 8th Addition - Street Improvements and Schedule Public Hearing for November 2, 2015 T. APPROVE Amended and Restated Joint Powers Agreement between the Cities of Apple Valley and Eagan regarding the Firearms Training Facility U. Item removed V. APPROVE Exempt Permit for Moms & Neighbors to hold a raffle on November 13, 2015 at 4185 South Robert Trail W. Item removed X. Item removed Y. APPROVE Change Order No. 1, Contract 15-09 — Citywide Trail & Parking Lot Improvements Z. APPROVE Change Order No. 2, Contract 15-09 — Citywide Trail & Parking Lot Improvements AA. APPROVE 2015 Vehicles & Equipment CIP Budget Adjustment to Purchase Snow & Ice Control Equipment BB. APPROVE Revocation of Municipal State Aid Designation, Yankee Doodle Road (TH 149 to Inver Grove Heights Border) CC. APPROVE Plans & Specifications, Contract 15-11 City Well No. 22, and Authorize Advertisement of Bids for November 12, 2015 DD. RECEIVE Petition to Vacate Public Street Easement for Kingswood Ponds Road (Document No. 1457939), and Schedule Public Hearing November 2, 2015 EE. APPROVE Final Payment, City Contract 14-06, Denmark Sanitary Lift Station Improvements V. PUBLIC HEARINGS A. VARIANCE- Kwik Trip/ Steven Lowe -A Variance to allow a detached trash enclosure located at 4600 Slater Road VI. OLD BUSINESS VII. NEW BUSINESS A. INTERIM USE PERMIT— Rebecca Carter - An Interim Use Permit to allow a kennel in a residential district located at 1049 McKee Street B. CONDITIONAL USE PERMIT- PODS/ Daniel Knafo - A Conditional Use Permit to allow outdoor storage of PODS containers located at 980 Aldrin Drive C. CONDITIONAL USE PERMIT— Matheson Gas/ Michael Summerbell - A Conditional Use Permit to allow outdoor storage of semi tractors & trailers, and tanks of compressed and liquefied gases located at 3191 Mike Collins Drive D. COMPREHENSIVE GUIDE PLAN AMENDMENT- MVZ Ventures LLC/ Richard Koppy - A Comprehensive Guide Plan Amendment from MO, Major Office to MU, Mixed Use located at 2800 Lone Oak Parkway VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Findings of Fact, Conclusion and Resolution to approve the Preliminary Real Estate Purchase Agreement with Inland Group (CAP Acquisitions, LLC) for Outlot A in the Cedar Grove Redevelopment District D. OLD BUSINESS E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT #b� City of Evan Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: OCTOBER 2, 2015 SUBJECT: AGENDA INFORMATION FOR OCTOBER 6, 2015 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 6, 2015 City Council agenda, the following items are in order for consideration. Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. Approve Minutes Action To Be Considered: To approve the minutes of September 8, 2015 Special City Council meeting, and September 15, 2015 regular City Council meeting as presented or modified. Attachments: (2) CA -1 September 8, 2015 Minutes CA -2 September 15, 2015 Minutes MINUTES SPECIAL CITY COUNCIL MEETING SEPTEMBER 8, 2015 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Bakken, Hansen. Councilmembers Fields and Tilley were not present. City staff present: City Administrator Osberg, Director of Finance Pepper, Director of Parks & Recreation Johnson, Recreation Program Supervisor Andersen, Public Works Director Matthys, and Fire Chief Scott. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Hansen moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye:3 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. UPDATE FROM ORETAL ON CENTRAL MAINTENANCE PHASE 1 City Administrator Osberg introduced the item noting staff will be providing an update to the Council regarding design and schedule for Project No. 1206, Central Maintenance Facility Renovations, and Project No. 1211, Fire Station One. Osberg noted the September 15 City Council meeting will include an action to be considered, to schedule a public hearing for the October 20, 2015 Council meeting to obtain public comments on the intent to issue CIP bonds to finance the Fire Station and CMF phase #1 projects. Parks and Recreation Director Johnson introduced Jeff Oertel with Oertel Architects. Mr. Oertel gave a presentation walking through the proposed projects and updates for the Central Maintenance Facility Phase 1 Renovations. The Council discussed the proposed projects for the Central Maintenance Facility. Councilmember Tilley arrived at 6:05 p.m. Councilmember Fields arrived at 6:15 p.m. UPDATE FROM CNH ON FIRE CONSOLIDATION Fire Chief Scott introduced Quinn Hutson with CNH Architects. Mr. Hutson gave a presentation providing an update on the design development plans, project schedule and cost estimate for the proposed new Eagan Fire Station #1 project. The Council discussed the design development plans for Fire Station #1 project. ARTS AND CULTURE MASTER PLAN IMPLEMENTATION City Administrator Osberg introduced the item noting staff is seeking direction from Council regarding implementation of the recommendations from the Arts and Culture Master Plan. Special City Council Minutes September 8, 2015 Page 2 Parks and Director Johnson provided background information. Recreation Program Supervisor Andersen gave a presentation on examples of what Public Art can be. Johnson noted a number of recommendations from the Steering Committee were provided to Council for additional discussion and direction. The Council discussed at length the public policy issue and questions that were presented by staff and provided the following feedback: It was the consensus of the Council that the City of Eagan encourages the use of color, architectural design and artwork which adds to the sense of place and community identity in public spaces of building projects, and not put a minimum project value for this purpose. It was the consensus of the Council for the APrC to continue as they have for previous artwork selections and design, and to continue with the selection for capital projects provided through project architect/consultants. The majority of the Council agreed we should encourage the inclusion of visual art elements in private projects that include spaces for public gathering, but not legislate to make it a requirement. Mayor Maguire noted to possibly put some investment and creativity behind the encouragement, maybe negotiating development or park dedication requirements in private projects. The majority of the Council agreed to consider encouragement but not legislation of Public Art into all public and private gathering spaces through guiding statements in the next Comprehensive Guide update. The Council agreed it is open to a viable alternative to allow for consideration of art purchase as part of future capital, operating and Parks CIP budgets. The Council agreed that seeking grant funding opportunities and encouraging support of art installations through donations from local services and community organizations should continue. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn at 7:55 pm. Aye:S Nay:O Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota SEPTEMBER 15, 2015 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, September 15, 2015 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Director of Communications Garrison, Director of Community Development Hohenstein, Director of Public Works Matthys, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Fields Hansen seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 Mayor Maguire noted the Public Hearing for Wyatt Sharing & Caring — A Variance to the Tree Preservation Ordinance located at 510 Lone Oak Road was withdrawn per the applicant's request. RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Consent Agenda as modified: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of September 1, 2015 regular City Council meeting as presented or modified. B. Personnel Items 1. It was recommended to accept the resignation/retirement of Janet Bolger, part time Confidential Records Retention Specialist. 2. It was recommended to authorize the hiring of Charlie Fredericks, Streets Engineering Technician. 3. It was recommended to authorize the hiring of a Clerical Technician 4 in the Utilities Division to be named. 4. It was recommended to accept the resignation of seasonal employees: Joshua Biermeier, Jason Bird, Robert Edwards, Sarah Faste, Nikki Galatowitsch, Peter Galatowitsch, Michael Gorder, Cheryl Grider, Marcus Honcharenko, Thomas Huss, William Immen, Sodan Ka, Mitchell Kiecker, Ben Kosel, David Morse, Ryan Ossell, Tyler Pederstuen, Daniel Podpeskar, Joshua Podpeskar, Emma Richard, Brock Rothschiller, Chris Russell, Anthony Sarne, Drew Selvestra,. Noah Simpson, and Jeremy Stalcar. C. It was recommended to ratify the check register dated August 28 and September 4, 2015 as presented. City Council Meeting Minutes September 15, 2015 2 page D. It was recommended to approve the ordinary and customary contracts with J. Benson Construction Corp. E. It was recommended to approve change order #1 for the Fire Station Four Remodel project. F. It was recommended to approve the agreement between the City of Eagan and ISD #196. G. It was recommended to approve ordinance amendment to City Code Chapter 10 to allow two year permits for the Off Leash Dog Area (OLDA) and change permit from a dog collar to a tag. H. It was recommended to approve a policy for consideration, placement and removal of public art and memorial installations in City owned public spaces. I. It was recommended to schedule a public hearing for October 20, 2015 on the City's intent to issue bonds to finance the projects in the 2016-2020 Facilities Capital Improvement Plan. J. Item was removed. K. It was recommended to acknowledge the withdrawl of the Interim Use Permit application for short-term rentals at 3672 Pinecrest Court. L. It was recommended to receive the Final Assessment Roll for Project 1123 (Cedar Heights Addition — Street Improvements) and schedule a public hearing to be held on October 20, 2015. M. It was recommended to receive the Final Assessment Roll for Project 1166 (St. Charles Wood — Street Improvements) and schedule a public hearing to be held on October 20, 2015. N. It was recommended to receive the Final Assessment Roll for Project 1168 (Waters Edge — Street Improvements) and schedule a public hearing to be held on October 20, 2015. O. It was recommended to receive the Final Assessment Roll for Project 1074 (Braun Sunrise Addition —Street Improvements) and schedule a public hearing to be held on October 20, 2015. P. It was recommended to approve the recommendations of the Public Works Committee regarding various appeals to Inflow & Infiltration (I&I) Program surcharges. Q. Item pulled for separate action. R. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus. S. It was recommended to authorize Final Payment of Contract 15-05 to MP Nexlevel LLC, and close out contract. T. It was recommended to approve conduit lease agreement with Arvig Enterprises, Inc. U. It was recommended to approve Contract with Quality Business Solutions (QBS) for a Payment Card Industry (PCI) Reassessment of the City's Credit Card Payment Security, Policies and Procedures. V. It was recommended to approve contract with FRSecure LLC for an Information Security Scan and Assessment. Patrick Sommervold with Cloverleaf Cold Storage asked to have Item Q. pulled for separate action. Mr. Sommervold noted the Public Works Committee met on September 1, 2015 and recommended a credit amount of $3,144.82 for the November sanitary sewer charges. Mr. Sommervold noted Cloverleaf is requesting the City Council grant a full refund of $6,289.65, claiming the metered water was used for the cooling tower and never went down the sewer. City Council Meeting Minutes September 15, 2015 3 page Public Works Director Matthys gave an overview of the recommendation of the Public Works Committee meeting. Councilmember Bakken and Fields stated their reasons for supporting the Public Works Committee recommendations. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the request from Cloverleaf Cold Storage, 2864 Eagandale Boulevard, to credit the sanitary sewer portion of their November, 2014, utility bill $3,144.82. Aye: 3 Nay: 2 (Bakken and Fields opposed) PUBLIC HEARINGS There were no public hearings items to be heard. There are no old business items to be heard. OLD BUSINESS 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 Councilmember Fields stated the Streets Alive event this past Saturday was an overwhelming success. She also thanked City staff for successfully planning and executing the event. Mayor Maguire extended his appreciation to the Eagan Citizen's Crime Prevention Association for another successful golf event on Friday, September 11tH Councilmember Hansen noted this afternoon at the Community Center he attended the opening reception for the Eagan Art Festival community art project, a mural, "River Garden". 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 7:45 Aye:5 Nay:0 City Council Meeting Minutes September 15, 2015 4 page Date Mayor City Clerk Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items Item 1 Action to be Considered: Accept the resignation/retirement of Paul Olson, Superintendent of Park Maintenance, and authorize replacement. Facts:  Mr. Olson is retiring from the City of Eagan. He was hired on April 26, 1995. Item 2 Action To Be Considered: Approve an amendment to the City’s Information Technology Policy, Section 3.10: cell Phone, Smartphone, Tablet, Data card, and/or Pagers Facts: ➢ An amendment to the City’s cell phone policy is being proposed to eliminate the need for occasional personal call/text reimbursement on cell phones. ➢ The IRS has clarified their position on employees’ personal use of employer-provided cell phones, stating that such use is no longer taxable income to the employee. ➢ Given the ruling, a policy change is proposed to allow de minimus personal use of City- issued cell phones. ➢ City phones will remain the property of the City and subject to data practices request. Personal use is to be kept to a minimum. The City retains the right to monitor usage of the devices to ensure personal use is not inappropriate and that it is de minimis. Attachments: (1) CB2-1 Revised IT Policy, Section 3.10 3.10 Cell Phone, Smartphone, Tablet, Data Card and/or Pagers Management reserves the right to determine whether City employees are required to have a cell phone, smartphone, tablet, data card and/or pager available depending upon their position and job responsibilities. The City reserves the right to manage its employees, its resource allocation, and its equipment per all existing and subsequent agreements and policies. Department Directors are responsible for implementation of and compliance with this policy. The IT Manager is responsible to: • Determine and coordinate appropriate cell phone, smartphone, tablet, data card and/or pager plans with City designated providers. ■ Work with the Department Directors and authorize with the vendor(s) any new users or changes to equipment resulting in an upgrade or expansion of services and/or costs. ■ Authorize exceptions to this policy as appropriate and necessary. Each department is responsible to determine a designated employee to: ■ Coordinate department user cell phone, smartphone, tablet, data cards and/or pager needs with the IT Manager. ■ Work directly with the providers for cell phone/pager repairs and replacements. ■ Coordinate the addition or deletion of users with IT to assure that all equipment is accounted for and tied to a user/department. Employees required to have a cell phone available may choose from the following two options: 1. Employees may use a City owned phone with the following stipulations: ■ The City will allow de minimis use of the City owned phone for personal calls. The City will determine the provider, the plan, and the equipment needed for all City owned cell phones. ■ The City reserves the right to monitor and review cell phone billing records for personal calls. ■ Personal use numbers and calls including both long-distance and local calls included on the cell phone billing records are not considered government data therefore, they are not public. In the event of a public information request those numbers and calls can be redacted before review or release of the records. 2. Employees may utilize a personal cell phone for City business with the following stipulations: • The cell phone must have the same availability/coverage as a City owned cell phone. • Minutes used for City business will not be reimbursed as they will be deemed of de minimis use. • Calls and data received or generated on a personal cell phone related to City business are subject to data requests. Data received should be transferred to a City device as soon as possible after receipt. The following statements apply to all data requests when searching telephone records: • If the records are government data, they are categorized as; a.) public or b.) non- public. • Personal numbers and calls are deemed not to be government data so they are non-public for both local and long-distance calls. • City work related numbers and calls (both local and long distance) are deemed to be government data. • Local numbers and calls are deemed to be entirely related to personnel and are not public. Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated September 11, 18, 25, 2015 as presented. Attachments: (3) CC -1 Check register dated September 11, 2015 CC -2 Check register dated September 18, 2015 CC -3 Check register dated September 25, 2015 Agenda Information Memo October 6, 2015, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: None. There are not any contracts to consider at this time. Attachments: (0) Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA E. Approve a Resolution to Accept a Donation from Minnesota Energy in the amount of $1,400 for the Fire Department and authorize the necessary Budget Adjustments Action To Be Considered: To approve a resolution to accept a donation from Minnesota Energy Resources in the amount of $1,400 for the Fire Department and authorize the necessary budget adjustment. Facts: The Eagan Fire Department recently received a donation from Minnesota Energy in the amount of $1,400. ➢ The funds were applied for from an application process from Minnesota Energy Resources from their "It's Worth The Energy Safety Grants" program. ➢ The request was for software to provide Incident Command Training in the newly created Incident Command Simulations area at the remodeled Fire Station Four Station. ➢ A budget adjustment will be necessary to expend the funds from 1221.6670 ➢ The attached resolution authorizes the Fire Department to accept the donation and adjust their 2015 operating budgets to use the donations within our operating budgets. Attachments: (1) CE -1 Resolution EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on October 6, 2015, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Minnesota Energy Resources has offered to donate $1,400 for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Minnesota Energy Resources for the gracious and generous donation. ADOPTED this 6th day of October, 2015 Mike Maguire, Mayor ATTEST: Christina Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA F. Approve a Resolution to Accept a Donation from Eagan Residents in the amount of $50 for the Fire Department and authorize the necessary Budget Adjustments Action To Be Considered: To approve a resolution to accept a donation from Eagan Residents in the amount of $50 for the Fire Department and authorize the necessary budget adjustment. Facts: ➢ The Eagan Fire Department recently received donations from two Eagan Residents in the amount of $25 each. ➢ The budget adjustment will be for fire helmets in 1225.6224 ➢ The attached resolution authorizes the Fire Department to accept the donation and adjust their 2015 operating budgets to use the donations within our operating budgets. Attachments: (1) CF -1 Resolution EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on October 6, 2015, at 6:30 p.m. The following members were present: Hansen, Bakken, Fields, Maguire, and Tilley. Member introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING DONATION TO THE CITY OF EAGAN WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Residents Renee Carpenter and Nancy & Daniel Klausner have offered to donate $25 each for use by the City of Eagan Fire Department; and WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the residents for the gracious and generous donation. ADOPTED this 6th day of October, 2015 Mike Maguire, Mayor ATTEST: Christina Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon the vote being taken thereon, the following voted in favor: ; and the following voted against the same: WHEREUPON, said resolution was declared duly passed and adopted and was signed by the Mayor and his signature attested by the City Clerk. Agenda Information Memo October 6, 2015, Eagan City Council Meeting CONSENT AGENDA G. Approve A Resolution Accepting A $1000.00 Donation From The Eagan Rotary Club And Allow Corresponding Budget Adjustments Action To Be Considered: Approve a resolution accepting a $1000.00 donation from the Eagan Rotary Club and allow staff to make corresponding budget adjustments to the police and fire 2015 budgets. Facts: ➢ Each year the Rotary Club of Eagan presents the "Outstanding Public Safety Award" to a member of the Eagan Police Department and a member of the Eagan Fire Department in recognition of outstanding public service. ➢ This year's award was presented on May 27th to Police Detective Dave Bork and Deputy Fire Chief Pat Diloia. ➢ As part of this year's recognition, the Rotary Club has donated $1000 that is to be divided between the Police and Fire Departments, with the request the funds be spent for public safety purposes. ➢ For accounting purposes, corresponding budget adjustments will be made to programs: • Fire: 1225-6224 • Police: 1101-6476 Attachments: (1) CG -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING A DONATION TO THE EAGAN POLICE DEPARTMENT Eagan Rotary WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Eagan Rotary has presented the police and fire departments with a donation in the amount of $1000.00, as part of their public safety officer recognition program. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City's police department; BE IT FURTHER RESOLVED, that the City sincerely thanks Eagan Rotary for their gracious and generous donation. ADOPTED this 6th day of October, 2015. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo October 6, 2015, Eagan City Council Meeting CONSENT AGENDA H. Approve A Resolution Accepting A $500.00 Donation From The Dakota County Elk's Club And Allow A Corresponding Budget Adjustment Action To Be Considered: Approve a resolution accepting a $500.00 donation from the Dakota County Elk's Club and allow staff to make corresponding budget adjustments to the police 2015 budget. Facts: ➢ The Dakota County Elk's Club provided a $500 donation to the police department. ➢ The funds will be used for department training. ➢ For accounting purposes, corresponding budget adjustments will be made to program: • Police: 1101-6476 Attachments: (1) CH -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING A DONATION TO THE EAGAN POLICE DEPARTMENT Dakota County Elk's Club # 2832 WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Dakota County Elk's Club has presented the police department with a donation in the amount of $500.00 as part of their support for public safety. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City's police department; BE IT FURTHER RESOLVED, that the City sincerely thanks the Dakota County Elks for their gracious and generous donation. ADOPTED this 6th day of October, 2015. CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk Motion by: Seconded by: Those in Favor: Those Against: Date: Agenda Information Memo October 6, 2015, Eagan City Council Meeting CONSENT AGENDA Final Plat (Spangrud Addition) — Lee and Pamela Spangrud Action To Be Considered: To Approve a Final Plat to create one lot upon 1 acre located at 4095 Blackhawk Road. Facts: ➢ The subject property is unplatted and a single family home and attached garage are present on the site. ➢ The current owners recently purchased the property with plans for improvements to the home. ➢ The City requires platting of the property prior to issuance of a Building Permit. ➢ All documents and agreements are in order and ready for execution at the October 6, 2015 City Council meeting. Attachments: (2) CI -1 Location Map CI -2 Final Plat n r-® frn$ £ ILO q35 2$'i 3 •� Q�117��E9i�' cq�•.L-�sU.oEe29 8u� � m � • � s'RwzgE W.E E°E 8 a .$ �g •d di c QOO1 ��m NVIU$.28il �'iq n B b v $ 8.E°dys"a =as olk��'�,o"s ESE m RAN am'v N s&4 SR cu 99A�8.9 h o� x°68 g8sS °Yc�°laau��'6 O 2 -Ep ." �"- s z8 e`moq g &H.Bag Fo `HFX b � . M.p1 5zeg�to�.� � c ygzg? c F �� � �'".� e" �i •`-'SggEm ��SUy?. oNn c m x °. 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Approve an Easement and Right -of -Way Vacation for Unisys Park and Unisys Park 2nd Additions, Final Subdivision (Central Park Commons), and Final Planned Development for Lots 1 and 2, Block 1, Central Park Commons Action To Be Considered: To approve an Easement and Right -of -Way Vacation of public easements and right-of- way on Unisys Park Addition and Lot 2, Block 1 Unisys Park 2"d Addition, north of Yankee Doodle Road (CSAH 28) and west of Pilot Knob Road. To approve a Final Subdivision (Central Park Commons) to create four lots and five outlots, upon approximately 47 acres located north of Yankee Doodle Road (CSAH 28) and west of Pilot Knob Road. To approve a Final Planned Development for an approximately 98,000 s.f. retail building Lot 1, Block 1, Central Park Commons. To approve a Final Planned Development for an approximately 111,000 s.f. multi -tenant retail building on Lot 2, Block 1, Central Park Commons. Facts - Easement and Right-of-way Vacation: ➢ A vacation of easements and right-of-way throughout the site is proposed in conjunction with the dedication of required drainage and utility easements and right-of-way with the Central Park Commons plat. ➢ The purpose of the request is to allow the recording of a final plat of the property for the proposed Central Park Commons as a commercial retail/ office development. ➢ The request would vacate the existing drainage and utility easements and right- of-way on the property. The vacations would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The proposed final plat of Central Park Commons will address and incorporate all necessary public drainage and utility easements and right-of-way on this property. ➢ This vacation request has been reviewed by Public Works (Engineering Division) staff and found to be in order for favorable Council action to coincide with consideration of Central Park Commons. ➢ On May 19, 2015, a public hearing was held and action was continued to coincide with future City Council consideration of the Central Park Commons final plat. No objections have been received to date. Facts - Final Subdivision and Final Planned Developments: ➢ The Preliminary Subdivision and Preliminary Planned Development for Central Park Commons were approved by the City on February 3, 2015. ➢ The preliminary development approval consisted of an approximately 434,000 s.f. multi -building commercial development containing retail, service, restaurant, and office uses upon approximately 47 acres located on the northwest corner of Pilot Knob and Yankee Doodle Roads. ➢ This Final Subdivision consists of four lots, and five outlots for future development. The lots are consistent with the Preliminary Subdivision. ➢ The final plat has been reviewed by staff and the Dakota County Surveyor, and has been approved for mylars. ➢ Two lots are proposed for Final Planned Development at this time. Lot 1 is in the southwest corner of the development site and is a 98,171 s.f. retail building. Lot 2 is located on the west edge of the development site and is a 110,979 s.f. multi - tenant retail building. ➢ All documents and agreements are anticipated to be in order for execution at the City Council meeting on October 6, 2015. Attachments (3) CJ -1 Location Map CJ -2 Final Plat - Central Park Commons CJ -3 Easement Vacation Legal Description and Graphics 0 N O L- o 0 cd o r . t y P-1 s o Id r -i� O 41 U 9a .o o �a o c Y o w Z e Eiji o LO 4v0 0 3AVN21VWN3(l �O MV )iUVWN3O O� .0 �C JU DYR Opo ® � 0 b ly�p 10 d O 'JHoyo 1N(IOD NVWN3HS s rn V� Q y� o �Zy O �6 K d � L $ CO L 3Nii01V21303j lVHW33 z EDol 0 s LLJ �D SORRF HE�G� Ea HIL� ZL n 77T M-� �Y a Cy w EE O W J � 3 tlH OVOiI NVWH0V00 OV021 NVWH0V00 OO W a Z Imroavwn,'lold rr' �— C i E ® j ` - w - m - m ago 0 s3� g zoo - 83-3 � ° rmr- o= of o mo v • o I o� $ $ a I.' o^Op— _� Ti%a 3o sm xi uws ,.. ,:::.':.'.: ::..",:`.. •,. .• ., ... 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No. 967547 and Easement Rights per Doc. Nos. 335495 and 440040: Richt of Entry Easement per Doc. No. 712849; Sanitary Sever Easement per Doc. No. 1279957: Roadway and Utility Easement per Doc. Nos. 1401965 and 1435957; Watermain Easement per Doc. No. 1846359; unrecorded Right -of -Way, Drainage and Utility and Watermain Easement in connection with City of Eagan Project No. 790 dated December 27, 2001; Public Right -of -Way, Drainage and Utility Easement per Doc. No. 2805005; and Roadway Easement per Doc. No. 1006194, embraced within the following described property: Lot 1, Block 1, UNISYS PARK 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. AND A tract of land, referred to as Tract H. Said tract is part of the following described property: Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota, lying northerly and easterly of a line described as conunencing at the northwest corner of. said Lot 2; thence easterly along the north line of said Lot 2 a distance of 919.34 feet to the point of beginning of said line; thence South 48 degrees 23 minutes 10 seconds east 849.21 feet; thence South 458.04 feet to the south line of said Lot 2 and said line there terminating. Said Tract H being part of the above described property lying southerly of the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot 1 a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500.00 feet and a central angle of 89 degrees 30 minutes 00 seconds and said line there terminating. Together with: A tract of land, referred to as Tract J. Said tract is part of the following described property: Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota described as commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2 a distance of 525.59 feet to the point of begilming; thence South 1,023.39 feet; thence East 807.17 feet; thence northeasterly 37.43 feet along a nontangential curve concave to the southeast having a radius of 75 feet and a central angle of 28 degrees 35 minutes 43 seconds the chord of said curve bears North 75 degrees 38 minutes 40 seconds East; thence easterly tangent to said curve 58.20 feet; thence easterly 94.49 feet along a tangential curve concave to the south having a radius of 1,014.47 feet and a central angle of 5 degrees 20 minutes 12 seconds; thence easterly 31.05 feet along a reverse curve concave to the north having a radius of 1,375 feet and a central angle of 1 degree 17 minutes 38 seconds; thence North 458.04 feet; thence North 48 degrees 23 minutes 10 seconds West 849.21 feet to the north line of said Lot 2; thence westerly 393.75 feet along said north line to the point of beginning. And Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITIOiN, Dakota County, Minnesota, lying northerly and easterly of a line described as commencing at the northwest corner of said Lot 2; thence easterly along the north line of said Lot 2 a distance of 919,31 feet to the point of beginning of said line; thence South 48 degrees 23 minutes 10 seconds East 849.21 feet; thence South 458.04 feet to the south line of said Lot 2 and said line there terminating. Said Tract J being part of the above described property lying southerly of the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot I a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500.00 feet and a central angle of 89 degrees 30 minutes 00 seconds and said line there terminating. And Part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION lying easterly of a line which is 115.00 feet easterly of and parallel with the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot I a distance of 105.00 feet; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216,25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 100.00 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 115.00 feet; thence westerly deflecting to the left 90 degrees 00 minutes 00 seconds 88.29 feet; thence westerly and southwesterly 393.49 feet along a tangential curve concave to the southeast having a radius of 615.00 feet and a central angle of 36 degrees 39 minutes 35 seconds to the beginning of the line to be described; thence southwesterly and southerly 567.18 feet continuing along the last described curve having a radius of 615.00 feet and a central angle of 52 degrees 50 minutes 25 seconds; thence southerly tangent to the last described curve 150.00 feet and said line there terminating. (abstract property) AND That part of Lot 2, Block 1, UNISYS PARK 2ND ADDITION, Dakota County, Minnesota, lying westerly of a line described as commencing at the northwest corner of said Lot 2; thence North 89 degrees 59 minutes 26 seconds East, assumed bearing, along the north line of said Lot 2 a distance of 919.34 feet to the point of beginning of said line; thence South 48 degrees 23 minutes 10 seconds East a distance of 849.2 1 feet; thence South 0 degrees 12 uiiuutes 35 seconds East a distance of 458.04 feet to the south line of said Lot 2, and said line there ternlinatim,. Said part ofLot 2, Block 1, beim, a part of the above described property lying southerly of the following described line: Commencing at the northeast corner of Lot 1, Block 1, UNISYS PARK 2ND ADDITION; thence southerly along the east line of said Lot 1 a distance of 105.00 feet to the point of beginning of said line; thence westerly deflecting to the right 85 degrees 00 minutes 00 seconds 39.18 feet; thence westerly 216.25 feet along a tangential curve concave to the south having a radius of 440.00 feet and a central angle of 28 degrees 09 minutes 34 seconds; thence westerly tangent to the last described curve 89.46 feet; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds 10.00 feet; thence westerly 411.92 feet along a curve concave to the north whose radius point is located on the northerly extension of the last described line and having a radius of 725.00 feet and a central angle of 32 degrees 33 minutes 11 seconds; thence westerly tangent to the last described curve 188.29 feet; thence westerly, southwesterly and southerly 781.03 feet along a tangential curve concave to the southeast having a radius of 500.00 feet and a central angle of 89 degrees 30 minutes 00 seconds and said line there terminating, (abstract property) Subject to maintaining temporary easement as follows: Sanitary sewer and storm sewer per Document Nos. 335495, 440039, and 1279957 will remain in place until the existing sewers have been rerouted and the existing sewers are no longer needed; 494 R -- C 0 N � � O 0 z EASEMENTS s �� wo VACATION 0 LOCATION a i o -s �i E� i City of Eap MENDOTA HEIGHTS r F I "\ LONE OAK RD. i YANKEE DOODLE RD. 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N g VE – CENTRAL PARK COMMONS..a.o 0 So 100 200 PILOT KNOB AND YANKEE DOODLE BOAO oer[I 0C�E9S`� SCALE IN mr EAOAN, MINNESOTA eaaco• Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA K. Authorization To Execute Joint Powers Agreement With Dakota County To Use City Broadband Conduit Along Johnny Cake Road Between Eagan City Hall And Dakota County Western Service Center In Exchange For Fiber Strands Action To Be Considered: Authorization To Execute Joint Powers Agreement With Dakota County To Use City Broadband Conduit Along Johnny Cake Road Between Eagan Cityhall And Dakota County Western Service Center In Exchange For Fiber Strands. Facts: ➢ As part of the ISD 196 Fiber JPA project, the City ran an additional 1 %" HDPE conduit from the Dakota County Western Service Center to Eagan Cityhall. There are currently two pathways where this conduit is run, a western route and an eastern route. The City is proposing to enter into a Joint Powers Agreement with the County to allow the County to repopulate this conduit with 288 strands of fiber in each route Through this JPA, the City will obtain an IRU (Irrevocable Right to Use) 48 strands of fiber along each pathway. ➢ In addition, the County will construct the conduit and populate 288 strands of fiber along Cliff Road from Slater Road to Pilot Knob Road at their own expense. The City will obtain 48 strands of fiber on this pathway. From Pilot Knob Road to Dodd Blvd, the County plans to construct the conduit and populate 144 strands of fiber. The City will obtain 24 strands of fiber on this pathway. The County will maintain the fiber for the duration of the contract. ➢ The County will also construct and populate 12 strands of fiber to the Cliff Road Booster Station. The City will own and maintain this fiber lateral build. ➢ The term of this contract is 20 years and there is no cost for the City to accept this agreement. Attachments: (0) The contract is available from the City Clerk's Office. Agenda Information Memo October 6, 2015 City Council Meeting CONSENT AGENDA L. AUTHORIZE the application of a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant. Action To Be Considered: Authorize the submission of a grant from the Metropolitan Regional Arts Council in the amount of $5,000 for a Community Arts Grant. Facts: Metropolitan Regional Arts Council (MRAC) has grants for up to $5,000 available for Community Arts projects. Grants are awarded with a 25% cash match. The grant funding will support the following activities in 2016: ➢ Harvest of Art event. Activities to include public Raku firing, Harvest of Art exhibit, entertainment and artist displays/sale by local artists; ➢ Professional development and gathering opportunities for working artists living in our community. ➢ Programming and promotion will take place from January through December, 2016. The cash match is included in the 2016 budget through program fees. Additionally, staff salaries for project management of the program are included in the cash match. • The grant was submitted by the deadline of October 5, 2015. Attachments: (0) Agenda Information Memo October 6, 2015, Eagan City Council Meeting CONSENT AGENDA M. APPROVE change order #2 for the Fire Station Four Remodel. Action To Be Considered: Approve change order #2 for the Fire Station Four Remodel Project. Facts: ➢ At the May 5, 2015 City Council Meeting a contract was awarded to Kue Contractors for the remodel and expansion project of Fire Station Four at 4200 Dodd Road. ➢ Since the construction started there have been several changes to the contract needed to continue to the project and meet the December 2015 deadline. ➢ The cost of the changes made equal a total deduct of ($3,472) and are comprised of the following; • Site Paving ■ PR #32 — Deduct of asphalt paving and base ($14,515) • Functional Upgrades • PR #22 — OHD emergency power feed. $991 • PR #28 — Control Room 113 base cabinets $1,169 ■ C. Miscellaneous Minor Changes • PR#14 Additional two interior room panel signs. $371.00 • PR#16 Concrete sidewalk at existing transformer. $1,029.00 • PR#17 South facade exterior glazing replacement. $0.00 • PR#18 Lobby ceiling finish. $364.00 • Extra bituminous thickness removal cost. $2,915.00 • PR#19 Lighting control changes. $972.00 • PR#20 Lobby light fixture revisions. $1,581.00 • PR#21 Receptacle revisions. $99.00 • PR#25 Control Room 113 gypsum board furring. $1,552.00 ■ Total Deduct ($3,472) ➢ The cost of these changes will be taken out of the project contingency fund. Attachments: (2) CM -1 Cover Letter from CNH Architects CM -2 Change Order #1 from CNH Architects 7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433 MEMORANDUM: PROJECT: Eagan Fire Station #4 — Addition and Remodeling CNH NO: 14095 DATE: October 1, 2015 TO: City of Eagan - Mayor and City Council SUBJECT: Change Order #02 Review The following is a summary of the items being submitted as Change Order 402 for the Eagan Fire Station #4 — Addition and Remodeling project. Background: The construction on Fire Station #4 has been progressing well with the interior finishes being installed in the remodeled administration area and the addition enclosed. During the work to this point, there are several items that have been identified as either providing long-term value to the Fire Station #4 facility or were items discovered upon the exposing of the existing site or building conditions that require adjustments to the work scope. Finally, there is the change in asphalt paving approach for the project. These items have been priced by the general contractor and combined into the attached Change Order #02. Description of Changes: The main changes are incorporated in the attached Change Order #02 fall into three basic categories: A. Asphalt Paving: Due to the age of the asphalt paving on the site and the patched approach required to provide addition, it was decided that all remaining asphalt paving would be replaced at this time rather than in a few years when it was scheduled within the city maintenance plan. To facilitate the most cost effective approach to this paving replacement, all asphalt patching is being deleted from this contract to be instead placed into the current city paving contract. B. Functional Upgrades: This category includes adding emergency power feed connections for operating the OH door motors using the apparatus electrical power during power outages and adding cabinet storage in the Control Room. C. Miscellaneous Minor Changes: These items are a variety of minor items that are being recommended to address items including minor outlet location revisions, addition of several room signs commemorating past firefighters, and several other minor electrical revisions. Pricing: The following are the itemized pricing for each Proposal Request item included in this Change Order. All prices have been reviewed by CNH Architects and our consultant team and have been determined to be within appropriate unit costs for the work proposed. P:\PROJECTS\2014\14095\5 - CONSTRUCTION ADMIN\CHANGE ORDERS & PAY APPS\CHANGE ORDER #02 RECOMMENDATION TO COUNCIL.DOCX A. Site Paving a. PR #32 — Deduct of asphalt paving and base B. Functional Upgrades a. PR #22 — OHD emergency power feed. b. PR #28 —Control Room 113 base cabinets C. Miscellaneous Minor Changes a. PR#14 Additional two interior room panel signs. b. PR#16 Concrete sidewalk at existing transformer. c. PR#17 South fagade exterior glazing replacement. d. PR#18 Lobby ceiling finish. e. Extra bituminous thickness removal cost. f. PR#19 Lighting control changes. g. PR#20 Lobby light fixture revisions. h. PR#21 Receptacle revisions. i. PR#25 Control Room 113 gypsum board furring. ($14,515) $991 $1,169 $371.00 $1,029.00 $0.00 $364.00 $2,915.00 $972.00 $1,581.00 $99.00 $1,552.00 Total Deduct ($3,472) New Contract Total $1,304,737 Conclusion: The items in the Change Order represent recommended improvements to the Fire Station #4 project to provide long-term durability improvements, improve operational functionality and generally improve the project. As noted above CNH Architects, our team, and staff have reviewed the pricing shown above and are comfortable as being appropriate for the work involved. CNH Architects recommends approval of this Change Order as in the best interest of staff operations and long-term value for Fire Station #4. Respectfully Submitted, Quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Inc. P:\PROJECTS\2014\14095\5 - CONSTRUCTION ADM1N\CHANGE ORDERS & PAY APPS\CHANGE ORDER #02 RECOMMENDATION TO COUNCIL.DOCX �(r� e Document 0701TM — 2001 Change Order PROJECT (Name crud address): Fagan Fire Station #4 4200 Dodd Road Eagan, MN 55123 TO CONTRACTOR (Name and address): Kuc Contractors, Inc. 130 Central Ave. S PO Box 408 Watkins. MN 55389 CHANGE ORDER NUMBER: 002 DATE: September 28, 2015 ARCHITECT'S PROJECT NUMBER: 14095 CONTRACT DATE: May 11, 2015 CONTRACT FOR: General Construction OWNER: ❑ ARCHITECT: ❑ CONTRACTOR: ❑ FIELD: ❑ OTHER: ❑ THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) PR#14 Additional two interior room panel signs. $371.00 PRI/16 Concrete sidewalk at existing transformer. $1,029.00 PR#17 South figade exterior glazing replacement. $0.00 PR#18 Lobby ceiling finish. $364.00 Extra bituminous thickness removal cost. $2,915.00 PR#19 Lighting control changes. $972.00 PR#20 Lobby light fixture revisions. $1,581.00 PR#21 Receptacle revisions. $99.00 PR#22 Ol ID emergency power feed. $991.00 1IR#25 Control Room 113 gypsum board furring. $1,552.00 PR#28 Control Room 113 base cabinets. $1,169.00 PR#32 Deduct of asphalt paving and base. ($14,515.00) Total: ($3,472.00) The original Contract Sum was $ 1,238,587.00 The net change by previously authorized Change Orders $ 69,622.00 The Contract Sum prior to this Change Order was $ 1,308,209.00 The Contract Sum will be decreased by this Change Order in the amount of $ 3,472,00 The new Contract Sum including this Change Order will be $ 1,304,737.00 The Contract: Time will be increased by Zero (0) days. The date of Substantial Completion as of the date of this Change Order therefore is December 18, 2015. NOTE: This Change Order does not include changes in the Contract Sum, Contract 'time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. CNkI Architects, Inc. Kuc Contractors, Inc. City of Eagan ARCHITECT (Firm name) CONTRACTOR (Firm name) OWNER (Firm name) 7300 West 147th Street_, Suite 504, 130 Central Ave. S, PO Box 408, 3830 Pilot Knob Road, Apple Valley MN 551 4 Watkins, MN 55389 Eagan, MN 55122 ADDRM .--v / ADDRESS ADDRESS B rgnature) r I BY (Signatw-e) BY (Signature) Quinn Hutson I Zg�5; DAI h (T),ped name) DATE (7jped name) DATE AIA Document G701 Tr" — 2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIAe Docinont is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"' Document, or any ) portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:31:09 on 09/29/2015 under Order No.3095413000 1 which expires on 01/17/2016, and is not for resale. User Notes: (846096950) Agenda Information Memo October 6, 2015, Eagan City Council Meeting CONSENT AGENDA N. Approve a resolution to schedule a public hearing for November 2, 2015 related to bonds to be issued by the City of Hugo for the Minnesota Autism Center's Eagan project Action to be Considered: To approve a resolution calling for a public hearing on consent to the issuance of educational facilities revenue bonds and authorizing the publication of a notice of the hearing related to the Minnesota Autism Center project. Facts: ➢ The Minnesota Autism Center (MAC) will be expanding in Eagan by building a new 48,000 sq ft facility at the southwest corner of Silver Bell Road and Tesseract Place in the Cedar Grove Redevelopment District. ➢ The project will be financed by tax-exempt revenue bonds to be issued by the City of Hugo. Generally, a city may not issue bonds for a project outside its jurisdiction; however, under Minnesota Statutes 471.656, subd. 2(2), the city in which the project is located may give its permission for another city to issue the bonds. This is commonly referred to as "host approval." ➢ Federal tax code also requires host approval for such tax-exempt bonds, and that approval can only be given following a public hearing. ➢ Representatives from MAC will attend the November 2 public hearing and will be available to answer questions. ➢ MAC has agreed to pay all of the City of Eagan's out-of-pocket costs, which will consist primarily of the City's bond counsel review fees. ➢ A letter from MAC's bond counsel, Briggs and Morgan, with additional details of the transaction is attached. Attachments: (2) ➢ CN -1 Resolution ➢ CN -2 Briggs & Morgan letter Extract of Minutes of a Meeting of the City Council of the City of Eagan, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota, was duly held at the City hall in said City on Tuesday, the 6"' day of October, 2015, at 6:30 o'clock P.M. The following members were present: and the following were absent: adoption: Member introduced the following resolution and moved its RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING ON CONSENT TO THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE BONDS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE IIEARING (MINNESOTA AUTISM CENTER PROJECT) The motion for the adoption of the foregoing resolution was duly seconded by member , and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 7267748vt RESOLUTION CALLING FOR A PUBLIC HEARING ON CONSENT TO THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE BONDS AND AUTHORIZING THE PUBLICATION OF A NOTICE OF TIIE HEARING (MINNESOTA AUTISM CENTER PROJECT) (a) WHEREAS, Minnesota Statutes, Sections 469.152 through 469.1655, as amended, relating to municipal industrial development (the "Act"), gives municipalities the power to issue revenue obligations for the purpose of promoting the welfare of the state by the active attraction and encouragement and development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; and (b) WHEREAS, the City of Eagan, Minnesota ("Eagan"), has received fiom Autism Opportunities Foundation, a Minnesota nonprofit corporation and 501(c)(3) organization, doing business as the Minnesota Autism Center (the "Borrower"), a proposal that the City of Hugo, Minnesota undertake a program to assist in financing, among other things, a Project described in Exhibit A, which is located in Eagan, through the issuance of revenue bonds or other obligations (in one or more series) (the `Bonds") pursuant to the Act; and (c) WHEREAS, Eagan has been advised that a public hearing and City Council host approval of and consent to the financing of the Project is required under the Act and Section 147(f) of the Internal Revenue Code because the facilities to be financed by the Bonds are located in Eagan: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Minnesota, as follows: 1. A public hearing on the proposal of the Borrower will be held at the time and place set forth in the Notice of Public Hearing attached hereto as Exhibit A. 2. The City Cleric is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of Eagan and a newspaper of general circulation available in Eagan, not less than 14 days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing, Adopted by the City Council of the City of Eagan, Minnesota, this 01 day of October, 2015. ATTEST: City Cleric 2 7267748v1 Mayor STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF EAGAN I, the undersigned, being the duly qualified and acting City Clerk of the City of Eagan, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, insofar as such minutes relate to calling for a public hearing on the approving the issuance of a revenue obligation for a project in the City. WITNESS my hand this — day of October, 2015, City Cleric 3 7267748v1 EXHIBIT A NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR CONSENT TO THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE BONDS FOR THE MINNESOTA AUTISM CENTER PROJECT Notice is hereby given that the City Council of the City of Eagan, Minnesota (the "City") will meet at the Eagan Municipal Center, 3830 Pilot Knob Road, in the City, at 6;30 p,m. on Monday, November 2, 2015, to consider giving host approval and consent to the issuance by the City of Hugo, Minnesota ("Issuer") of revenue bonds, in one or more series (the "Bonds"), under Minnesota Statutes, Sections 469,152 through 469,1655, as amended (the "Act"), in order to finance the cost of a project located in the City. Autism Opportunities Foundation, a Minnesota nonprofit corporation and 501(c)(3) organization, d/b/a Minnesota Autism Center (the "Borrower"), proposes to (i) refund the Borrower's existing taxable debt related to the acquisition of land and the purchase of an existing structure in 2014 acquired for the purpose of establishing a private school to service students grades 4-12 diagnosed with autism spectrum disorder ("ASD"), consisting of a one- story building of approximately 35,978 square feet with 14 classrooms, a playground area, lunch room, small gym, arcade, library, and parking lot (the "Existing Facility") currently located at 3800 Silver Bell Road in the City (the "Existing Project"), and (fl) finance the acquisition, construction, and equipping of an approximately 48,332 square foot two-story new school building, to be joined with the Existing Facility, which will serve primarily high school students with ASD, and will include a reception area, approximately 14 classrooms, 11 therapy/breakout rooms, 5 office/conference rooms, a library, an arcade, a lunch room, and a gymnasium, and will also include construction of a soccer field and a new parking lot all to be located at 2020 Silver Bell Road in the City, which is at the southwest corner of Silver. Bell Road and Tesseract Place (the "Expansion Project" and, together with the Existing Project, the "Project"). The Project will be owned, operated, and managed by the Borrower. The maximum estimated principal amount of the Bonds to be issued to finance the Project is $8,800,000, The Bonds, if and when issued, will not constitute a charge, lien or encumbrance upon any property of the City or the Issuer, and such obligation will not be a charge against the general credit or taxing powers of the City or the Issuer but will be payable from sums to be paid by the Borrower pursuant to a revenue agreement, At the time and place fixed for the public hearing, the City Council will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal, Written comments will be considered if submitted at the above City office on or before the date of the hearing, A-1 7267748v1 BRIGGS September 28, 2015 BY E-MAIL Toni Pepper Finance Director City of Eagan 3830 Pilot Knob Rod Eagan, MN 55122.1810 2200 IDS Center 8.0 South oth Street Minneapolis MN 55402-2157 tel 612,977,8400 fax 6.12,977,0650 Catherine J. Courtney (612)977-8765 ccourtney@briggs, corn Re: Host Approval of Extraterritorial Issuance of Tax -Exempt Obligation for Project in Eagan Dear Mr, Pepper; The City of Eagan, Minnesota ("Eagan") has received from Autism Opportunities Foundation, a Minnesota nonprofit corporation and 501(c)(3) organization, doing business as the Minnesota Autism Center (the `Borrower"), a proposal that the City of Hugo, Minnesota ("Hugo") undertake a program to assist in financing a project described below, which is located in Eagan, through the issuance of revenue bonds or other obligations (in one or more series) (the "Bonds") pursuant to Minnesota statutes. The Borrower proposes to (1) refund the Borrower's existing taxable debt related to the acquisition of land and the purchase of an existing structure in 2014 acquired for the purpose of establishing a private school to service students grades 4-12 diagnosed with autism spectrum disorder ("ASD"), consisting of a one-story building of approximately 35,978 square feet with 14 classrooms, a playground area, lunch room, small gym, arcade, library, and parking lot (the "Existing Facility") currently located at 3800 Silver Bell Road in the City (the "Existing Project"), and (ii) finance the acquisition, construction, and equipping of an approximately 48,332 square foot two-story new school building, to be joined with the Existing Facility, which will serve primarily high school students with ASD, and will include a reception area, approximately 14 classrooms, 11 therapy/breakout rooms, 5 office/conference rooms, a library, an arcade, a lunch room, and a gymnasium, and will also include construction of a soccer field and a new parking lot all to be located at 2020 Silver Bell Road in the City, which is at the southwest corner of Silver Bell Road and Tesseract Place (the "Expansion Project" and, together with the Existing Project, the "Project"), The Project will be owned, operated, and managed by the Borrower, The maximum estimated principal amount of the Bonds to be issued by Hugo to finance the Project is $8,800,000. Briggs and Morgan, Professional Association Minneapolis I St. Paul I www.urlggs,com 7268796v1 BRIGGS AND MORGAN Tom Pepper September 28, 2015 Page 2 The Bonds, if and when issued, will not constitute a charge, lien or encumbrance upon any property of Eagan or Hugo, and such obligation will not be a charge against the general credit or taxing powers of Eagan or Hugo, but will be payable solely from sums to be paid by the Borrower pursuant to a revenue agreement, For certain reasons, the purchaser of the Bonds, Wells Fargo Bank, requested that the Bonds be issued by Hugo, This is permissible under federal and State statutes if certain procedures are followed, including the approval by Eagan to the issuance of the Bonds by Hugo. The Bonds will be issued in accordance with Minnesota Statutes, Sections 469,152 through 469,165. A city may not issue bonds for a project located outside of its jurisdiction, as is requested in this case, However, the city in which a project is located may give permission for the issuance of bonds by another city. This is commonly referred to as "host approval," Under Minnesota Statutes, Section 471,656, subdivision 2(2), host approval may be given for a project located in the host city, by resolution of the host city, Similarly, -under the federal tax code, before a city can issue bonds for a project located outside of its jurisdiction, the host city must give its approval. Such approval can only be given following the holding of a public hearing. Enclosed is a resolution for consideration at Eagan's October 6t1i City Council meeting that approves scheduling a public hearing for Eagan's November 2"d City Council meeting. The public hearing notice, which is attached to the resolution as an exhibit, must be published at least 14 days but not more than 30 days prior to the date set for the public hearing. Briggs and Morgan, as bond counsel to Hugo, will submit the notice to Eagan's paper for publication, It will be published in the October 9t" edition of the newspaper. Please feel free to contact me if you have any further questions. Very truly yours, /s/ Catherine J Courtney Catherine J. Courtney CJC Enclosure 7268796x1 Agenda Information Memo October 6, 2015 Eagan City Council Meeting C�7�7��►11TT_C�I�IiLIJ,I O. Project 1157, Blackhawk Hills and Blackhawk Hills 2nd Additions Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1157 (Blackhawk Hills and Blackhawk Hills 2nd Additions - Street Improvements) and schedule a public hearing to be held on November 2, 2015. Facts: ➢ Project 1157 provided for approximately 4,400 feet of street improvements within the Blackhawk Hills and Blackhawk Hills 2nd Additions neighborhoods in central Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on December 2, 2014. ➢ The project, constructed under Contract 15-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. Attachments: (0) Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA P. Project 1162, Mallard Park 3rd & 4th Additions Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1162 (Mallard Park 3rd & 4th Additions - Street Improvements) and schedule a public hearing to be held on November 2, 2015. Facts: ➢ Project 1162 provided for approximately 7,000 feet of street improvements within the Mallard Park 3rd & 4th Additions neighborhoods in central Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 6, 2015. ➢ The project, constructed under Contract 15-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. Attachments: (0) Agenda Information Memo October 6, 2015 Eagan City Council Meeting C�L�I►b��>l>t;L - � � � Q. Project 1165, Rooney Addition Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1165 (Rooney Addition - Street Improvements) and schedule a public hearing to be held on November 2, 2015. Facts: ➢ Project 1165 provided for approximately 700 feet of street improvements within the Rooney Addition neighborhood in central Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 6, 2015. ➢ The project, constructed under Contract 15-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. Attachments: (0) Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA R. Project 1169, Wilderness Run 1St & 3rd Additions Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1169 (Wilderness Run 1s' & 3rd Additions - Street Improvements) and schedule a public hearing to be held on November 2, 2015. Facts: ➢ Project 1169 provided for approximately 3,300 feet of street improvements within the Wilderness Run 1St & 3rd Additions neighborhoods in southcentral Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 6, 2015. ➢ The project, constructed under Contract 15-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. Attachments: (0) Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA S. Project 1158, Cedar Grove 8th Addition Final Assessment Roll Action To Be Considered: Receive the Final Assessment Roll for Project 1158 (Cedar Grove 8th Addition - Street Improvements) and schedule a public hearing to be held on November 2, 2015. Facts: ➢ Project 1158 provided for approximately 8,500 feet of street improvements within the Cedar Grove 8th Addition neighborhood in central Eagan, as outlined and discussed in the feasibility report and approved by the City Council at the public hearing held on January 20, 2015. ➢ The project, constructed under Contract 15-02, has been completed, all costs tabulated and the final assessment roll prepared. The assessments are based upon the City of Eagan's current Special Assessment Policy for all such assessable properties. ➢ The roll is now being presented to the Council for their consideration of scheduling a public hearing to formally present the final costs to be levied against the benefited properties. ➢ An informational neighborhood meeting will be scheduled prior to the final assessment hearing with the affected property owners to address any concerns. Attachments: (0) Agenda Information Memo October 6, 2015, Eagan City Council Meeting CONSENT AGENDA T. Approve Amended and Restated Joint Powers Agreement between the Cities of Apple Valley and Eagan regarding the Firearms Training Facility. Action To Be Considered: To approve an amended and restated Joint Powers Agreement between the Cities of Apple Valley and Eagan regarding the Firearms Training Facility. Facts: ➢ In 1991, the Cities of Apple Valley and Eagan entered into a joint powers agreement to construct and utilize a shared firearms training facility. The facility, located in Eagan, is owned by Apple Valley. ➢ The Cities' insurance company, the League of Minnesota Cities Insurance Trust (LMCIT), reviewed the JPA from 1991 and recommended updates to the insurance and indemnification language to clarify coverage requirements and liability issues, should a claim arise. ➢ The Amended and Restated JPA was drafted by the Cities' mutual attorney and reviewed by the LIVICIT. ➢ The Amended and Restated JPA requires Apple Valley to carry insurance for the building and its operations. For claims that arise out of Eagan's use of the facility, Eagan will reimburse Apple Valley for its insurance deductible. For claims arising out of joint operations of the facility, the Cities will share deductible costs. For claims arising from Apple Valley's use of the facility, Apple Valley will be responsible for its deductible. Attachments: (1) CT -1 JPA AMENDED AND RESTATED JOINT POWERS AGREEMENT BETWEEN THE CITIES OF APPLE VALLEY AND EAGAN REGARDING FIREARMS TRAINING FACILITY THIS AGREEMENT is made by and between the City of Apple Valley, a Minnesota municipal corporation (`Apple Valley"), and the City of Eagan, a Minnesota municipal corporation (`Eagan"). Apple Valley and Eagan shall be collectively referred to in this Agreement as the "Cities" and individually as each "City." WHEREAS, Apple Valley owns a firearms training facility located in the City of Eagan (`Facility"); and WHEREAS, the Cities entered into a Joint Powers Agreement in 1991 regarding the operation and maintenance of the Facility (`Original JPA"); and WHEREAS, the Cities have agreed to amend and restate the Original JPA in its entirety; and WHEREAS, pursuant to Minn. Stat. § 471.59, two or more governmental units, by agreement and through action of their governing bodies, may jointly exercise powers common to the governmental units. NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the Cities agree as follows: 1. Purpose. The purpose of this Agreement is to establish the obligations of the Cities with respect to the Facility. 2. Definitions. Unless otherwise defined in this Agreement, the following terms shall have the following meanings: a. Facility means the area platted as Valley Acres in Dakota County, Minnesota which consists of one handgun range and one rifle range, a decision shooting area and a classroom/storage building. b. Firearms Instructors Committee shall consist of one firearms instructor from each City as designationed by each City's Police Chief. C.. Major Repair and Replacement means (1) any extraordinary repairs and/or maintenance beyond normal wear and tear and (2) capital improvements. d. Operating Costs means the costs of routine and ordinary maintenance, operations, liability insurance and utilities, including, but not limited to, gas, electric and telephone. e. Operations Board shall consist of the Police Chiefs, or designee(s), of Apple Valley and Eagan. 3. Ownership. Apple Valley is the sole owner of the Facility, subject to Eagan's right to use the Facility in accordance with the terms of this Agreement. 4. Routine and Ordinary Maintenance. Eagan shall be responsible for the Facility's routine and ordinary maintenance, including, but not limited to, snowplowing the roadway and parking lot, lawnmowing, street sweeping and storm sewer system maintenance. The responsibility for any additional routine and ordinary maintenance shall be determined by the Operations Board. 5. Payment of Operating Costs. The Operations Board shall establish an annual budget for maintenance and operations of the Facility, and the total estimated budget must be submitted to Apple Valley and Eagan for approval. The Cities shall equally share the Operating Costs. The City incurring the costs shall periodically provide an itemized invoice to the other City. The City receiving the itemized invoice agrees to make payment within thirty (30) days from the date of receipt. 6. Major Repair and Replacement. Prior to either City making a Major Repair and Replacement, approval for the repair or replacement and the cost allocation therefore must be determined by the Operations Board and further ratified by the Apple Valley and Eagan City Councils, 7. General Use. The Cities shall be entitled to equal use of the Facility, subject to advance scheduling. The Firearms Instructors Committee shall schedule the use of the Facility by the Cities and third parties under the direction and guidance of the Operations Board. The Operations Board shall also establish rules for the operation and use and the Facility. 8. Use by a Third Party. Any third party seeking use of the Facility must submit a request to the Operations Board, The Operations Board shall discuss all third party use requests. After discussion, Apple Valley shall have full authority to approve or disapprove the third party use request and add any conditions and/or restrictions to such use as Apple Valley deems appropriate. Notwithstanding the foregoing, any use by a third party shall be subject to the following conditions: a. Third party use shall not conflict with any scheduled use by the Cities. b. A third party who uses the facility shall provide Apple Valley with evidence of liability insurance in the minimum amount of $1,500,000.00, naming the Cities as additional insureds; and shall execute an appropriate indemnification and release in favor of the Cities in which the third party indemnifies and holds the Cities harmless against all loss, damage, liability claims, suits, judgments, costs and expenses for reason of loss of or damage to property, injury or death of persons caused by acts or omissions of the third party, its officers, agents or 2 employees, arising from or out of, directly or indirectly, wholly or partially, the third party's operation and use of the Facility. 9. Term. The term of this Agreement shall commence on the later date that either of the Cities have signed this Agreement and shall remain in full force and effect until terminated by one of the Cities upon six (6) months written notice to the other. 10. Insurance. a. General Liability Insurance. Apple Valley shall procure and maintain in force comprehensive general liability insurance equal to or greater than the maximum liability for tort claims under Minn. Stat. § 466.04, as amended. Eagan agrees to reimburse Apple Valley, as part of the Facility's Operating Costs, fifty percent (50%) of Apple Valley's cost to obtain insurance coverage for the Facility. Furthermore, the Cities agree to share fifty percent (50%) of any insurance deductibles for claims arising out of joint use of the facility. Eagan agrees to reimburse Apple Valley one hundred percent (100%) of any insurance deductibles arising out of Eagan's sole use of the facility. Apple Valley agrees to pay for one hundred percent (100%) of any insurance deductibles arising out of Apply Valley's sole use of the facility. Apple Valley shall immediately notify Eagan in writing if its insurance is cancelled. b. Workers' Compensation Insurance. Each City shall be responsible for injuries to or death of its own employees. Each City shall maintain workers' compensation coverage or self-insurance coverage, covering its own employees while they are providing services pursuant to this agreement. Each City waives the right to sue the other City for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other City or its officers, employees or agents. 11. Indemnification. Apple Valley agrees to assume all responsibility and liability for any and all loss, damage, claims, causes of action, suits and judgments relating to or arising out of the operation, maintenance and use of the Facility, with the exception of the following; (i) workers' compensation claims; (ii) any claims related to or arising out of intentional acts by Eagan or Eagan's employees, agents or volunteers or any other person while Eagan is using the Facility; and, (iii) any claims related to or arising out of a third party's operation and use of the Facility, which are governed by Section 8(b) of this Agreement. Apple Valley further agrees to indemnify, defend and hold harmless Eagan for any and all loss, damage, claims, causes of action, suits and judgments relating to or arising out of the operation, maintenance and use of the Facility, with the exception of those claims identified in this paragraph. To the fullest extent permitted by law, action by the Cities is intended to be and shall be construed as a "joint venture" or "cooperative activity," and it is the intent of the Cities that they shall be deemed a "single governmental unit" for the purposes of determining total liability for any damages, pursuant to Minn. Stat. § 471.59, subd.la. The parties to this Agreement are not liable for the acts or omissions of the other party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other party. 12. Notices and Demands. A notice, demand or other communication under this Agreement between the Cities and to/from any third party shall be delivered by U.S. mail or personally to the following: a. For Apple Valley: Apple Valley Chief of Police 7100 147th St. W. Apple Valley, MN 55124 b. For Eagan: Eagan Chief of Police 3830 Pilot Knob Road Eagan, MN 55122 13. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been approved and executed by the Cities. 14, Complete Agreement. This Agreement contains all agreements between the Cities with respect to the subject matter of this Agreement. No other understanding regarding this Agreement, whether written or oral, may be used to bind any City. 15. State Audits. Under Minn. Stat. § 16C.05, subd. 5, each City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years frorn the end of this Agreement. 16. Government Data Practices. The Cities shall comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each City under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by any City under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by any City. If either City receives a request to release data that it received from the other City, the City receiving the request must immediately notify the City from whom the data originated of this request. The Cities will promptly consult and discuss the best way to respond to the request. 17. Governing Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota without regard to its conflict of laws provision. The Cities agree that any action arising out of this Agreement or with respect to the enforcement of this Agreement shall be venued in the Dakota County District Court, State of Minnesota. 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and the counterparts shall together constitute one and the same agreement. IN WITNESS WHEREOF, the Cities have caused this Agreement to be executed by their respective duly authorized officers. CITY OF APPLE VALLEY '! ' •land or J • Its: City Clerk CITY EAGAN By: Mike Maquire Its: Mayor By: Christina M. Scipioni Its: City Clerk Agenda Information Memo October 6, 2015 Eagan City Council Meeting Nrerk4kiIieC 111 U. 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 Sperry Water reservoir site located at 1420 Towerview Road in north -central Eagan. ➢ 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 October 6, 2015, Eagan City Council Meeting CONSENT AGENDA V. Approve Exempt Permit for Moms & Neighbors Inc. to hold a raffle on November 13, 2015 at 4185 South Robert Trail. Action To Be Considered: To adopt a resolution approving an Exempt Permit for Moms & Neighbors Inc. to conduct a raffle on November 13, 2015 at Coopers Restaurant, 4185 South Robert Trail. Facts: ➢ Moms & Neighbors Inc. has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CV -1 Resolution RESOLUTION NO. CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT MOMS & NEIGHBORS INC. WHERAS, Moms & Neighbors Inc. has applied for an Exempt Permit to conduct a raffle on November 13, 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 Moms & Neighbors Inc. to conduct a raffle on November 13, 2015 at 4185 South Robert Trail, Motion by: Seconded by: Those in favor: Those against: Date: October 6, 2015 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Cleric of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 6th day of October, 2015. City Clerk Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA Y. Contract 15-09, Citywide Trail & Parking Lot Improvements Change Order No. 1 Action To Be Considered: Approve Change Order No. 1 to Contract 15-09 (Citywide Trail & Parking Lot Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15-09 provides for construction and maintenance overlay of bituminous trails and parking lots in 2015 at City parks and facilities, as well as along County highways. ➢ Change Order No. 1 provides for the installation of a pedestrian ramp on Rahn Road (east side) at Eagan Outlets Parkway (ADD $4,465.00, 1.4% of original contract). The cost of the additional work will be the responsibility of the Community Development grant from Dakota County CDA. ➢ This Change Order has been reviewed by the Public Works Department (Engineering Division) and the change order is in order for favorable Council action. Attachments (0) Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA Z. Contract 15-09, Citywide Trail & Parking Lot Improvements Change Order No. 2 Action To Be Considered: Approve Change Order No. 2 to Contract 15-09 (Citywide Trail & Parking Lot Improvements) and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 15-09 provides for construction and maintenance overlay of bituminous trails and parking lots in 2015 at City parks and facilities, as well as along County highways. ➢ As part of the Fire Station No. 4 building remodel project, the parking lot pavement was evaluated and it was determined that replacement is needed to accommodate the station's heavy truck loads. ➢ Change Order No. 2 provides for the reconstruction of the parking lot pavement section at Fire Station 4 under Contact 15-09 (ADD $85,605.00, 25.8% of original contract). The cost of the additional work will be the responsibility of the Fire Department. ➢ This Change Order has been reviewed by the Public Works (Engineering Division) and Fire Departments and the change order is in order for favorable Council action. Attachments (0) Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA AA. 2015 Vehicles and Equipment CIP Snow and Ice Control Equipment Action To Be Considered: Approve an increase of $135,000 to the 2015 Vehicles and Equipment Capital Improvement Plan (CIP) Budget for the purchase of certain snow and ice control equipment and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ A Vehicle and Equipment CIP is annually prepared and approved by the Council in order to manage the City's resources in a fiscally responsible manner. ➢ On January 20, 2015, the City Council approved the 2015-2019 Vehicles and Equipment CIP. ➢ The first year of the CIP (2015) was approved as a budget with the following four years (2016-2019) being approved as a general plan. ➢ Through the process of preparing the 2016-2020 Vehicle and Equipment CIP, the need for replacement of an existing piece of snow and ice control equipment, Unit # 150, 2001 MT Trackless, was identified. ➢ Replacement of this equipment has been reviewed by the Budget Team and is recommended for inclusion in the 2016-2020 Vehicle and Equipment CIP. ➢ Council approval of the 2016-2020 Vehicle and Equipment CIP is tentatively scheduled for December 2015. ➢ The equipment supplier has indicated that ordering the new MT Trackless now may allow delivery in November 2015. Staff desires to utilize the new piece of equipment during all of the 2015-2016 winter season. ➢ The timeline for approval of the 2016-2020 Vehicle and Equipment CIP precludes the early acquisition and use of the new equipment during the 2015- 2016 winter season. ➢ An adjustment to the 2015 Vehicle and Equipment CIP is requested in order to provide sufficient time to acquire the new equipment such that it can be utilized during the 2015 portion of the winter season. ➢ If the requested 2015 CIP budget adjustment is approved, the draft 2016-2020 Vehicle and Equipment CIP will be adjusted accordingly. Attachments (0) Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA BB. Municipal State Aid Designation - Revocation Action To Be Considered: Approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the revocation of an existing street segment on the City of Eagan's Municipal State Aid (MSA) roadway system. Facts: ➢ The Municipal State Aid (MSA) designation of a street enables the maintenance and reconstruction of existing streets, as well as the construction of new streets, to be financed by the City's portion of the gas tax revenue distributed by the State. 20% of the city's local street mileage is eligible for this designation. Approximately 48 miles are currently designated within the City. ➢ The Dakota County Transportation Department has requested the City revoke its MSA designation of Yankee Doodle Road (County Road 28), from Highway 149 to the Inver Grove Heights border (0.53 miles), to allow Dakota County to designate this stretch of roadway as a County State Aid Highway. ➢ The 0.53 miles will be available for designating additional segments of city streets onto the City's MSA system in spring 2016. ATTACHMENTS: (0) Agenda Information Memo October 6, 2015, Eagan City Council Meeting I:ceVT ftkTffTCI4►19,1 CC. Contract 15-11, City Well #22 Action To Be Considered: Approve the plans and specifications for Contract 15-11 (Well #22 — Water System Development) and authorize the advertisement for a bid opening to be held on November 2, 2015. Facts: ➢ On June 3, 2014, the City Council adopted the 5 -year Capital Improvement Plan (CIP) for Public Works Infrastructure (2015-2019). Included in the 5 -year CIP was the construction of Well 22 in 2015. ➢ On April 7, 2015, the City Council authorized the preparation of detailed plans and specifications for Project 1186 (Well #22 Development), to be completed by AE2S technical consulting firm. ➢ The plans and specifications have been completed and are being presented to the City Council for their approval and authorization for the advertisement of bids. ➢ All of the construction activity for said improvements has been designed to occur within existing public property or easements. Attachments: (0) Agenda Information Memo October 6, 2015, Eagan City Council Meeting CONSENT AGENDA DD. Kingswood Ponds Road Easement Vacation Action To Be Considered: Receive the petition to vacate a public street easement known as Kingswood Ponds Road (Document No. 1457939) and schedule a public hearing to be held on November 2, 2015. Facts: ➢ Kingswood Ponds Road is a City street located west of the intersection of Pilot Knob Road (CSAH 31) and Wescott Road. ➢ On September 25, 2015, City staff initiated a petition requesting the vacation of a 60 -feet wide public street easement for Kingswood Ponds Road (Document No. 1457939), from the intersection of Pilot Knob Road to approximately 160 feet west, over the City property that contains the Old Town Hall and former Fire Administration building. ➢ The easement was dedicated in 1997 with construction of Kingswood Ponds Road to provide public street access to the adjacent development, Kingswood Ponds 1St Addition. ➢ The purpose of the request is to allow the recording of a final plat of the City property. ➢ The vacation of the public street easement would clean up the proposed plat by avoiding an underlying recorded dedication. ➢ The final plat for the City property (plat name yet to be determined) will address and incorporate the necessary public right-of-way for Kingswood Ponds Road. The approval of the plat will be scheduled for Council consideration at a future City Council meeting. ➢ Notices for a public hearing will be published in the legal papers and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments: (2) CDD -1 Location Map CDD -2 Vacation Exhibit CITY OF EAGAN Fig. 1 Proposed Public Street Easement Vacation Cityflap Kingswood Ponds Road 10/1/2015 MCNDOTA HEIGHTS 494 N LONE OAK RD. o° 0 m O Z Z� Y H O J RD. sa�� zYANKEE-DOODLE EASEMENT VACATION Y w LOCATION WE a Z W 0 WESCOTT, RD. DIFFLEY RD. 30 30 W Q w Q M� 43 W U u.. CITY OF EAGAN Fig. 1 Proposed Public Street Easement Vacation Cityflap Kingswood Ponds Road 10/1/2015 NORTH No Scale 0 i O °4- •O s Rd, Wescott o Road ry PUBLIC STREET & UTILITY 0 EASEMENT TO BE VACATED 1 C: ( DOC.# 1457939) }, o i I I i Oct. 1, 2015 City of Ea an Proposed Right -of -Way Easement Vacation Exhibit A Kingswood Ponds Road Engineering Division Agenda Information Memo October 6, 2015 Eagan City Council Meeting CONSENT AGENDA EE. Contract 14-06, Denmark Sanitary Lift Station Improvements Action To Be Considered: Approve the final payment for Contract 14-06 (Denmark Sanitary Lift Station Improvements) in the amount of $20,000.00 to Ryan Contracting Company, and accept the improvements for perpetual City maintenance subject to warranty provisions. Facts: ➢ The City's Public Works Department (Utilities Division) operates 16 sanitary sewer lift stations to pump sewage from areas of the public sanitary sewer system. The estimated asset life of a sanitary sewer lift station, with normal maintenance or repairs, is 40 years. ➢ The sanitary lift station, located at 3915 Denmark Avenue, was constructed in 1984. The lift station covers the largest area of the city in comparison to the other sanitary lift stations, moves the second largest volume of sanitary sewage, and was in poor condition with worn infrastructure prior to the improvements. ➢ Contract 14-06 provided the rehabilitation of the existing sanitary sewer lift station. The original contract price was $559,000. ➢ These improvements have been completed, inspected by representatives of the Public Works Department and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. Attachments (0) Agenda Information Memo October 6, 2015, Eagan City Council Meeting PUBLIC HEARINGS A. Variance — Kwik Trip Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Variance to allow a detached trash enclosure on property located at 4600 Slater Road, subject to the conditions listed in the staff report. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The site is currently occupied by a 6,300 SF motor fuel station and convenience retail store present on the site. ➢ Kwik Trip is proposing to redevelop the site with a new motor fuel station and convenience retail use. A Variance is requested to allow a detached trash enclosure. ➢ City Code requires trash enclosures in commercial zoning districts to be attached to the principal structure. The existing development has no trash enclosure. ➢ Kwik Trip states that the requested Variance is due to logistical issues with truck delivery and maneuvering on the site, limited size of the lot, and required setbacks and substantial topographical differences which constrain the buildable area of the lot. ➢ The proposed enclosure is 20' x 28, and will be constructed of brick to match the building and includes a covered storage area. Aside from being detached, the enclosure appears to satisfy design standards in the City Code. ➢ By providing an enclosure for trash containers, the site will be in greater compliance with the ordinance than the existing development, which has no enclosure. ➢ Redevelopment of the site will provide a brand new convenience gas facility. Other elements of the proposal are subject to City Code standards to be reviewed at the time of Building Permit. Issues: None 60 -Day Agency Action Deadline: November 3, 2015 Attachments: (3) PHA -1 Location Map PHA -2 Planning Report PHA -3 Exhibits • Wo i u I IL •- :• 0. - • ' 1 lC I� _ •� - WEE pro • 1111 C: ® '���®■®�i„�� ::=> � sal `�� =�,, i '��®►i INS F,W IWO ® •• -• ® ■ 111111 /� I■. � __ __ – , is .1'�,'�� . � I��'L2:ICCIFYIh . s 1®sa�� - "��►� 1�\!\ ■ii► ®►—%1®®',■ �It►fir � ■ :✓s ��'®II � �.. ® �� I �..��� : ■ ® 11,x•® ,� ��\\�� �j� � ► = s® 1 �®®®il►®_ �� 11 ®fir � � ��1 , �..r 111111111111I,Doll� ��- ; ®�It ��II�e►�•� ■�� �®�► �� ■ ���.'�,►I .� �� 111 / _' r%'►��'- •o® • a ®off v � '{6 0p e®® ee� PLANNING REPORT CITY OF EAGAN REPORT DATE: September 18, 2015 APPLICANT: Kwik Trip, Inc. PROPERTY OWNER: Kwik Trip, Inc REQUEST: Variance LOCATION: 4600 Slater Road CASE: 31 -VA -07-09-15 HEARING DATE: October 6, 2015 APPLICATION DATE: Sept. 4, 2015 PREPARED BY: Pamela Dudziak COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Variance to allow a detached trash enclosure on property zoned for commercial uses at 4600 Slater Road, legally described as Lot 1, Block 1 and part of Outlot A, Oak Cliff 3rd Addition. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. Planning Report — Kwik Trip October 6, 2015 Page 2 e. The variance requested is the minimum variance which would alleviate the practical difficulties. f. The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REOUIREMENTS City Code Sec. 11.70, Subd. 21-D provides design and performance standards for trash enclosures. The applicable standards for Planned Development zoning are dependent upon the allowed use in the Planned Development, and applicable standards for the comparable zoning district. In this case, the PD zoning allows a motor fuel station and convenience retail store; comparable zoning districts that allow this use are NB, Neighborhood Business, and CSC, Community Shopping Center. The ordinance requires trash and recyclables containers to be contained within an enclosure. In the NB and CSC zoning districts, such enclosures are required to be attached to the principal building. Trash Enclosures are subject to the following performance standards: a. The enclosure shall have an impermeable floor surface. b. The enclosure shall be attached to the principal building in the limited business (LB), neighborhood business (NB), general business (GB), community shopping center (CSC) and research and development (RD) zoning districts. d. The enclosure shall satisfy principal structures setbacks required for the applicable zoning district. e. The enclosure shall be constructed of materials to match the exterior of the principal structure, with gates or doors having at least 90 percent opacity. Planning Report — Kwik Trip October 6, 2015 Page 3 f. The enclosure shall be of sufficient size to enclose all trash and recyclables containers and shall be not less than six feet and not more than ten feet in height. g. The above provisions apply in addition to the provisions of chapter 10 of this code which regulate the storage, deposit, and disposal of refuse on all properties. SACKGROUND/HISTORY The property was platted in 1985 and is part of the Winkler/Jackson Planned Development, which was established in 1982 and consisted of 100 acres located south of Cliff Road and west of TH-77 (Cedar Ave.). The north and east portions of the Winkler/Jackson PD included retail commercial uses, the southern portion consisted of residential uses and park. The property is zoned PD, Planned Development, and is identified in the City's Comprehensive Guide Plan for Retail Commercial land uses. EXISTING CONDITIONS The site is located on the southeast corner of Cliff Road and Slater Road. There is an existing 6,300 s.f. motor fuel station and convenience retail store present on the site, which was constructed in 1985. Access to the site is from Slater Road. The southern portion of this lot contains ponding. EVALUATION OF REOUEST Proposal — Kwik Trip is proposing to redevelop the site with a new Kwik Trip convenience retail store with motor fuel sales. While the proposed use of the property is the same as the existing use, a Variance is requested for the detached trash enclosure. City Code requires trash enclosures in commercial zoning districts to be attached to the principal structure; detached enclosures are allowed only in the industrial zoning districts and multi -family residential. Kwik Trip's proposed Site Plan has a similar layout to the existing, with the fuel pump canopy on the western portion of the property and the convenience store to the east. Unlike the existing development, however, the proposed Site Plan does not extend a service drive around the east (rear) side of the building. The Site Plan provides parking adjacent to the building and along the south edge of the pavement. A small patio seating area is located off the northwest corner of the building. The proposed detached trash enclosure is located in the southeast corner of the parking lot. The trash enclosure structure is 28' long and 20' deep, and includes an enclosed storage area. Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. Planning Report — Kwik Trip October 6, 2015 Page 4 The purpose of the zoning standards is to consolidate the building area and provide minimal distance for dumping trash into the trash containers. The proposed enclosure location is detached from the principal structure, and is located at the corner of the pavement nearest the principal building. Evaluation — Redevelopment of the site will require a Building Permit, at which time a full set of construction plans will be required including Grading and Storm Drainage Plan, Landscape Plan and Building Elevations. This report evaluates only those elements related to the Variance request. Compliance with other City Code standards will be reviewed at the time of Building Permit. The proposal redevelops the site with the same use as existing, and will result in an updated facility. The existing development does not provide any trash enclosure. Consequently, the trash containers are currently stored outside without benefit of an enclosure. Thus, enclosing the trash containers will bring the property into greater compliance with the City ordinance. Also, the proposed enclosure is otherwise consistent with typical design standards in the City Code in regard to setbacks, size and materials. Setbacks — The proposed detached trash enclosure satisfies typical structure setbacks and is constructed of masonry materials to match the proposed principal building, as required by City Code. Gates should provide 90% opacity per City Code standards, and be constructed of a durable and low maintenance material in a color compatible with the masonry structure. Building Materials/Architectural Appearance — The trash enclosure is proposed to be constructed of brick to match the principal building. Height is not indicated on the plan, however, City Code requires a minimum 6' height and a maximum 10' height. Also, the enclosure must be of sufficient size to enclose both trash and recyclables materials containers and the 28' x 20' size appears to satisfy this standard and also provide enclosed storage space. Parking —Required parking is 1 stall per 200 s.f. Thus, the 7,179 s.f. building requires 36 parking stalls. The Site Plan provides 22 stalls plus 20 stalls at the fuel pumps for a total available parking of 42 stalls. Green Space and Building Coverage Ratios —Due to topography and ponding, development is concentrated on the northern portion of the site. The proposed Site Plan provides an approximately 1,700 s.f. net increase in impervious coverage as compared to the existing development. The proposed impervious coverage ratio is 31 %. Proposed green space is 69%, which is much more than the minimum required 30%. Additional provisions to meet stormwater management and water quality standards may be required, and compliance will be reviewed in conjunction with the Building Permit application. Planning Report — Kwik Trip October 61 2015 Page 5 APPLICANT'S PRACTICAL DIFFICULTIES The applicant states that this site presents "many logistical truck delivery challenges" to an attached trash enclosure design, "because of the limited size of the lot, required setbacks, and substantial topography differences within the site." Structure setbacks of 50' do apply adjacent to TH-77 to the east and Cliff Road to the north. The southern portion of the site does contain a pond and wetland, and there is 20' of grade change south of the pavement. These factors are related to the physical characteristics of the property and constrain the buildable area of the lot. Attaching the trash storage to the south side of the building would interfere with the service access drive. Attaching it to the north side would conflict with the outdoor patio seating and place the enclosure in a front yard, between the building and Cliff Road where it would be more visible. Attaching it to the east (rear) side of the building would conflict with required setbacks, and the proposed Site Plan does not have a service drive extending around the east side of the building. SUMMARY/CONCLUSION In summary, Kwik Trip is proposing to redevelop the site with the same use and a new layout for the building, fuel pumps and site circulation. The applicant is requesting relief from the ordinance requirement to attach the trash enclosure to the principal building due to topography, setbacks and size of the lot. By providing an enclosure for trash containers the site will be in greater compliance with the ordinance than the existing conditions. The proposed enclosure otherwise satisfies City Code design standards. The proposed redevelopment will provide a brand new convenience gas facility, and other elements of the proposal will be subject to City Code standards to be reviewed at the time of Building Permit. ACTION TO BE CONSIDERED To approve a Variance to allow a detached trash enclosure on property zoned for commercial uses at 4600 Slater Road. If approved, the following conditions should apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Planning Report — Kwik Trip October 6, 2015 Page 6 2. A building permit is required prior to commencing construction. 3. The enclosure shall be constructed of brick materials to match the principal structure. 4. 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(vvaw , mw f) ��� � •yam Gwx-ma e � wm• le-Is Gel .m. -. a x•.a1 B'1,7n."'.�Y/ Cpm nrfa L an ff Aw3. 9 W 1 EXISTING CONDITIONS RECEIVED SEP 0'42015 V1083NNIW 'NVJV3 CL r Wd='w 1q I BG4 3NOtS 33N31N3AN03INS e ` A "�! 11i5,II . 5' RR In �Has URI, a Waa§. s �' gP �i9Qwgo'�9 nu'ai �$ P.a �EtlP &Onia� I m $�3 38a8 a oR ye g _� I 3z� IN Rig ��a� �� ®F• P9 N 3�i � zi � �a 1 " F . a '•�..�,' .... wm exemine .ra .t 4 4-e `i En U I :•,Ea: m. �I as act _ �_..- U I s § y += --.4 sS r-- _T----1 012 � xHr wKv 1�• V\ / 32•. 8.5 7 `—I - /- ,90/ , 3,190py Y�I r 1• w w o� I I PIr I ' �y' L/r S SITE PLAN u Lu :(D jf1 31 9i dw 1� a z i M zigi -- — tt�gnZr� ,3 kP I f � X Al � Ita Ira 1 i$ 34 ?-.- 3 a b{il_ q§ 2i v5 -- dF ! 1 City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 September 3, 2015 City of Eagan: This letter is intended to assist with our application to seek approval for an ordinance variance. This specific project consists of new construction of a Kwik Trip convenience store with fuel sales located at 4600 Slater Road. PID No. 10-53552-01-011 The variance we are pursuing is in regards to a stand-alone detached trash enclosure. Prototypical Kwik Trip store operations utilize an attached enclosure whenever feasible. This particular site offers many logistical truck delivery challenges because of the limited size of the lot, required setbacks and the substantial topography differences within the site. Kwik Trip purchased this particular site on 7/1/2015 to further expand and invest into the Minnesota market and the Eagan community. The current 30 year old c -store located on the property will have to be removed due to its poor condition. This will allow for a new state of the art solid brick architecture building that fits well within the community. Our stores typically employ 20- 30 full to part-time employees which are offered a full benefits package and very competitive industry wages. Since this site was developed in 1985, technology and engineering have advanced immensely. The re -development of this site will allow for outstanding improvements to the economy and ecology of the storm water management and infiltration systems. We would like to propose an all brick construction, stand-alone trash enclosure on the south portion of this lot to ensure safe and effective operations for our co-workers as well as our patrons. This location will give us the most improved truck circulation as well as allowing us to preserve the natural vegetation that is currently growing on the south and west of the site. I have attached rendered elevations of the proposed enclosure as well as a site plan showing the location. The architecture and materials are such that blend and match with our franchise building. Kwik Trip would be happy to provide any additional information or answer any questions or concerns the City of Eagan may have with our submission. Please feet free to contact me as you wish. Sincerely, Steven Lowe Kwik Trip, Inc - Store Engineering Project Manager 608-793-5954 s lowe()kwiktrip.com __W/xOur Mission: "To serve our customers and community more effectively than anyone else by treating our customers, co-workers and suppliers as we, personally, would like to be treated, and to make a difference In someone's life." Kwik Trip & Kwlk Star Stores -Tobacco outlet Plus -Convenience Transportation, LLC- Hearty Platter Restaurants & CaMs Agenda Information Memo October 6, 2015, Eagan City Council Meeting NEW BUSINESS A. Interim Use Permit — Rebecca Carter Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) an Interim Use Permit to allow a kennel in a residential zoning district for property located at 1049 McKee Street, subject to the conditions listed in the APC minutes. Required Vote For Approval: Majority of Councilmembers present Facts: ➢ The applicants are proposing the Interim Use Permit (IUP) to allow a kennel operation (for up to 12 dogs) in a residential area for a period of 24 months. ➢ The 10,140 SF lot is developed with an existing single family home and detached garage. ➢ Animal Control and Code Enforcement staff verified a complaint about an illegal Home Occupation earlier this year. The property ➢ Kennel is defined as any place, building, tract of land, abode or vehicle, wherein a total of four or more dogs or cats or combination, over six months of age, are kept, kept for sale, or boarded. ➢ The applicant states she has been operating her business since 2005 after being told by a City employee that what she planned to do was legal and that she needed nothing from the City. ➢ Many neighbors and customers have submitted letters of support for the IUP. ➢ The APC held the Public Hearing on September 21, 2015 and they recommended approval of the IUP for a 12 month period on a 5-2 vote. Issues: ➢ An adjacent neighbor submitted two letters objecting to the use and the IUP. 60 -Day Agency Action Deadline: October 18, 2015 Attachments: (5) NBA -1 Location Map NBA -2 Draft September 21, 2015 APC Minutes NBA -3 Planning Report NBA -4 Report Exhibits & Supportive Correspondence NBA -5 Letters in opposition co m - a • N N ■ Qi N Q ° ea r Am Q' L O o L) d Z --�® CD d � N O C�U 0 z a F z w U' w �Pt o E 5 l o l co co O 9°J 3 0 Y X NNOiE)NI _ 9—WOWEI 021`O - - - GWNO Po/y�O s U' n �tl OAl9 3ltlONtl'Jtl3 C � e a e1I Advisory Planning Commission September 21, 2015 Page 4 of 17 B. 1049 Mckee St Applicant Name: Rebecca Carter Location: 1049 Mckee St; Lot 5, Block 1, Mckee 2nd Addition Application: Interim Use Permit An Interim Use Permit to allow a kennel operation in a single family residential zone File Number: 15 -IN -02-08-15 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated September 8, 2015. Rebecca Carter, applicant, explained the background of her business, the recent addition she made to her home and the basis for her request for a 24 month IUP term. Member Dierkes asked the applicant if she would seek to renew the IUP, if approved. Ms. Carter stated that she has no plans to do so. Vice Chair Vanderpoel opened the public hearing. Connie Lee, 1037 Beatrice Street, stated her support for this request and for small home-based businesses in general. Don Lee, 1037 Beatrice Street, stated his concern with government impeding a home-based business. The applicant's mother spoke in favor of the request. Victoria Johnson, 3650 Kolstad Road, stated her support for the request as her dog has special needs that cannot be accommodated at a typical commercial kennel. She also spoke to the businesses that exist in close proximity of the McKee residential area. There being no further public comment, Vice Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Member Dierkes asked the applicant what happened in 2005 when she contacted the City. Ms. Carter explained she spoke to someone in licensing about fostering a couple of dogs and was told she did not need a business license. Member Piper stated he was sympathetic but that this was a policy question more suitable for the City Council and that he would be voting no on the request. Member Woebke moved, Member Dierkes seconded a motion to recommend approval of an Interim Use Permit to allow a kennel operation in a single family residential zone, subject to the following conditions: 1. The permit shall terminate on October 6, 2016. 2. The kennel operation is limited to a maximum of 12 guest dogs at any given time. Advisory Planning Commission September 21, 2015 Page 5 of 17 3. All parking supporting the use shall occur off-street. 4. The property owner/operator shall maintain a valid Kennel License and meet the Kennel Licensee requirements. 5. The property owner/operator shall provide the City a waste storage and removal plan for review and approval by Animal Control. 6. The Interim Use Permit shall be subject to an annual administrative review. The purpose of which shall be to determine that the conditions of the permit are being met. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. Members Woebke and Weimert stated they were inclined to support the request. Vanderpoel suggested a friendly amendment to modify the term from 24 months to 12 months. Woebke and Dierkes accepted the friendly amendment. Member Sagstetter stated he was not blaming the applicant but it was hard to know what question was actually answered when the initial contact was made with the City in 2005. He stated he agreed with Member Piper and would not support the motion. Motion carried 5-2 (Piper, Sagstetter) PLANNING REPORT CITY OF EAGAN REPORT DATE: September 8, 2015 APPLICANT: Rebecca Carter PROPERTY OWNER: Same REQUEST: Interim Use Permit LOCATION: 1049 McKee Street COMPREHENSIVE PLAN: LD Low Density ZONING: R-1 Residential Single Family SUMMARY OF REQUEST CASE: 15 -IN -02-08-15 HEARING DATE: September 21, 2015 APPLICATION DATE: August 18, 2015 PREPARED BY: Michael J. Ridley, AICP The applicant is requesting approval of an Interim Use Permit to allow a kennel operation in a single family residential zone located at 1049 McKee Street, legally described as Lot 5, Block 1, McKEE 2ND ADDITION. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50 Subdivision 6C states: The Council may issue interim use permits for an interim use of property if: 1. The use is deemed to be temporary in light of the Comprehensive Guide Plan designation for the property site on which the use is located and the use conforms to the bulk and performance standards of the zoning regulations herein; 2. The date or event that will terminate the use can be identified with certainty; 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. Planning Report — Carter IUP September 21, 2015 Page 2 6. The city determines that the property is in compliance with City Code. City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Planning Report — Carter IUP September 21, 2015 Page 3 HISTORY/EXISTING CONDITIONS The MCKEE 2ND ADDITION plat was recorded in 1955. The 10,140 SF lot is developed with an existing single family home and detached garage. It appears the home was completed in 1956 and the garage was constructed in 1960. BACKGROUND Code Enforcement staff received a complaint regarding an illegal home occupation occurring at the subject site. Animal Control and Code Enforcement staff took steps to verify the complaint and a zoning compliance letter was sent to the property owner. Ms. Carter brought the property into compliance on or before August 3, 2015, and the enforcement case was closed. SURROUNDING USES The subject site is surrounded on all sides by single family detached homes. EVALUATION OF REQUEST Proposal — The applicant is proposing an Interim Use Permit (IUP) to allow a kennel operation with a maximum of twelve guest dogs at any one time for a period of two years. The primary service the applicant provides is overnight boarding. This typically involves 7-10 guest dogs; however, on certain occasions the number maxes out at 12. All dogs are required to be up to date on shots and heartworm prevention. Applicant's Narrative — The applicant states: "I've been offering in-home dog sitting and fostering since 2005. Prior to starting this I contacted the City of Eagan to ensure it was not a problem and would not be in violation of any laws or rules. ...I was informed that I was free to operate as planned, without a business license, provided the dogs were not my own and were only visiting on a short term basis." "I have been operating for 10 years without incident or complaint and have the full support of my neighbors." "...I took out a second mortgage to build an addition to my home that would allow more room for the growing client base...I am asking for a 24 month IUP to allow me some time to recuperate some of the cost and/or restructure my business in an approved zoning area" The complete narrative and a copy of the applicant's service contract are attached as exhibits to this report. Compatibility with Surrounding Area — Home occupations are permitted as an accessory use in residential districts with certain restrictions. Pet -boarding would be consistent with Home Planning Report — Carter IUP September 21, 2015 Paee 4 Occupation requirements provided the total number of pets on premise is less than four. Pet grooming would also be allowed as it would be considered similar to a home hair salon. City Code — The Code states "The purpose of an interim use permit is to allow a reasonable use of property for uses not specifically permitted in a zoning district on a temporary basis as deemed appropriate by the city council upon recommendation of the advisory planning commission and benefit the public good." Interim Use is defined as "a temporary use of property until a particular date, or until the occurrence of a particular event." Kennels are allowed by Conditional Use Permit in Agriculture and Industrial zones. If approved, a valid Kennel License should be required to be maintained by the applicant. City Code Definitions: Kennel — "any place, building, tract of land, abode or vehicle, wherein a total of four or more dogs or cats or combination, over six months of age, are kept, kept for sale, or boarded." Home occupation — "any occupation or profession engaged in by the occupant of a residential dwelling unit which is clearly incidental and secondary to the residential use of the premises, does not change the character of said premises and satisfies the requirements of this Code" Site Plan —No changes to the existing site are proposed. Policy Considerations — There are several commercial kennels operating in appropriate zoning districts presently. City policy makers should consider: ■ A precedent being set by allowing a commercial kennel operation in a residential zone ■ A commercial operation paying residential property taxes SUMMARY/CONCLUSION The applicant has been operating a kennel in her home for the past ten years and would like to continue boarding up to 12 dogs for a period of 24 months. Code Enforcement staff received a complaint regarding an illegal home occupation occurring at the subject site. Animal Control and Code Enforcement verified the complaint and a compliance letter was sent to the property owner. Subsequently, Ms. Carter brought the property into compliance on or before August 3, 2015, and the enforcement case was closed. The suitability of the request is a policy matter for City officials to determine. Planning Report — Carter IUP September 21, 2015 Paae 5 ACTION TO BE CONSIDERED To recommend approval of an Interim Use Permit to allow a kennel operation in a single family residential zone located at 1049 McKee Street, subject to the conditions listed below: 1. The permit shall terminate on October 6, 2017. 2. The kennel operation is limited to a maximum of 12 guest dogs at any given time. 3. All parking supporting the use shall occur off-street. 4. The property owner/operator shall maintain a valid Kennel License and meet the Kennel Licensee requirements. 5. The property owner/operator shall provide the City a waste storage and removal plan for review and approval by Animal Control. The Interim Use Permit shall be subject to an annual administrative review. The purpose of which shall be to determine that the conditions of the permit are being met. The Interim Use Permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. Cy of Eap. Location IVlap Project Name: 1049 McKee St Request: Interim Use Permit Case No: 02 -IN -02-08-15 Legend Parcels Buildings Parks C.13 sae. . City Boundary N Feet 0 500 1,000 2,000 AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.38, REGARDING KENNELS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is hereby amended by revising Section 6.38, Subd. 4, to read as follows: Subd. 4. Issuance and condition of license. The city clerk may issue a license under this Section provided a conditional use permit has been approved for the operation of the proposed kennel premises. The city clerk shall deny a license on the following grounds: A. No license shall be issued to a person or the operation of a kennel in a zoning district where such operation is not permitted or otherwise allowed under the zoning chapter of the City Code. B. The applicant has had prior violations of this Section or the conditional use permit governing the operation of the kennel. C. The applicant violated this Section or state or federal laws governing the care, treatment, or shelter of animals within the preceding five years. D. The applicant had a license or permit for the operation of a kennel or other animal facility that was suspended or revoked within the preceding five (5) years. DE. The applicant does not have facilities as required by this Section for the shelter or harboring of the animals proposed to be kept under the license. Section 2. Chapter 6 of the Eagan City Code is hereby amended by adding Section 6.38, Subds. 5, 6 and 7, to read as follows: Subd. 5. Kennel licensee requirements. All kennel licensees shall be subject to the following requirements: A. Veterinary care. A licensee must establish and maintain a program of disease control and prevention, euthanasia, and adequate veterinary care under the supervision of a licensed veterinarian. A written program of veterinarian care, signed and dated by the veterinarian and kennel manager, must be kept on file at the kennel and available for review upon request. The program of veterinary care must be reviewed by the kennel manager and veterinarian annually and updated as needed. The veterinarian must visit the facility as often as necessary to supervise the program, with a minimum of an annual visit. Sick or injured animals must receive veterinary care promptly. B. Control of pests. The licensee shall establish and maintain an effective program for the control of insects, ectoparasites, rodents, and other pests. C. Feeding of animals. Kenneled animals must be fed at least once a day with clean, wholesome food sufficient to meet the nominal daily nutritive requirements for the animal's age, size, and condition. Feed standards must be those recommended by the National Research Council. Clean potable water must be made available to all animals at least twice daily for periods of not less than one hour. All feeding and watering receptacles must be kept clean and sanitary. The receptacles must be accessible to each animal and located so as to minimize contamination by excreta. Disposable food receptacles must be discarded when soiled. D. Identification. Each animal in a kennel must be identified with a numbered tag affixed to a collar worn by the animal, identification attached to the cage, a microchip, or by other means approved by the City. E. Transportation of kenneled animals. An animal must be transported in a vehicle equipped with ample cargo space and confinement areas. The animal cargo space must be constructed and arranged to prevent injuries from fighting and allow for compatible grouping in terms of age, breed, size, and disposition. Separate confinement areas must be provided for females in estrus. An animal must not be placed in a confinement area over other animals unless the upper confinement area is constructed to prevent excreta from entering the lower confinement area. All confinement areas and cargo space must be cleaned and disinfected between uses. The number of animals transported at one time must not exceed the number that can ride comfortably. Vehicles must be adequately equipped to provide sufficient ventilation and still protect the animals from the elements, injurious drafts, and exhaust fumes. F. Confinement. 1. The kenneled animals must not be confined by chains or by tethering. 2. Animals housed in the same primary confinement area: (a) Each animal must be maintained in a compatible animal species group; (b) Puppies or kittens must not be housed with adult dogs or cats other than their mother; (c) Any dog or cat exhibiting a vicious disposition must be housed separately; and (d) Females in estrus must not be confined in the same confinement area with males. 3. Animals with clinical signs of infectious, contagious, or communicable disease must be separated from other animals. M Subd. 6. Fennel premises and facilities. All licensed kennels must meet the following requirements: A. All animal housing facilities must be structurally sound and maintained in good repair. B. All animals must be housed in an indoor facility maintained at a temperature of not less than 50 degrees Fahrenheit. Animals may be provided temporary access to outdoor runs and exercise areas when appropriate for the species, breed, and weather conditions. C. All housing facilities must have at least eight hours of illumination, either natural or artificial, sufficient to permit routine inspection and cleaning. D. All housing facilities must be adequately ventilated. Drafts, odors, and moisture condensation must be minimized. Auxiliary ventilation, such as exhaust fans, vents, and air conditioning, must be used when the ambient temperature exceeds 85 degrees Fahrenheit at the floor level. E. Carcass and garbage disposal facilities must be provided and managed to minimize vermin infestation, odors, and disease hazards. F. Adequate storage and refrigeration must be provided and managed to protect food supplies against contamination and deterioration. Open bags of food must be stored in vermin -proof containers. G. The premises, housing facilities, exercise areas, and confinement areas must be cleaned and disinfected as often as necessary to maintain a clean and sanitary condition. Animal confinement areas must be cleaned at least once daily. Measures must be taken to protect animals from being splattered with water or feces and from exposure to harmful chemicals during cleaning. Bedding, if used, must be kept clean and dry. Outdoor runs and exercise areas must be kept clean and soiled base material must be replaced as necessary. H. Confinement areas must be of sufficient size to allow each dog or cat to turn about fully and to stand, sit, and lie in a comfortable, normal position. The confinement area must be constructed so as to prevent injury to the dog or cat. Interior surfaces of indoor confinement areas must be constructed and. maintained so that they are substantially impervious to moisture, provide for rapid drainage, and may be readily cleaned. Subd. 7. Inspections. A. All kennel premises subject to a license under this Section shall, during all daylight hours, be open to inspection by a city official to determine whether or not the terms and provisions of this Section and all other laws are met. All licensees, as a condition to being issued such license, consent to inspections by city employees or agents without a court warrant. B. All records required in this Section must be maintained for a minimum of two years and available to duly authorized agents upon demand at any reasonable time. C. It is unlawful for any licensee or agent or employee of a licensee to hinder or prevent a city official from malting such inspection. Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Summary approved. The City Council hereby determines that the text of the summary marked "Official Sununary of Ordinance No. 544," 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 5. 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: April 21, 2015 Date Ordinance Published in the Legal Newspaper: May 1, 2015 0 The following is the official summary of Ordinance No. 544 as approved by the City Council of the City of Eagan on April 21, 2015. [61R)WIn"WOWN�1 El AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.38, REGARDING KENNELS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. Section 6.38, governing operation of kennels, is amended to add license conditions and kennel facility standards and requirements. The added provisions regulate veterinary care, control of pests, care of animals, record keeping and retention, upkeep and maintenance of kennel premises and animal housing facilities. 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. August 18, 2015 To Whom It May Concern; I am applying for an Interim Use Permit to allow me to continue my small home-based dog sitting service at 1049 Mckee Street. I've been offering in-home dog sitting and fostering since 2005. Prior to starting this I contacted the City of Eagan to ensure it was not a problem and would not be in violation of any laws or rules. At that time I was informed that I was free to operate as planned, without a business license, provided that the dogs were not my own and were only visiting on a short-term basis. Given this information, I incorporated my business and began caring for dogs in my home. I have been operating for 10 years without incident or complaint and have the full support of my neighborhood. Over these years I have grown a strong client base, many of which are Eagan residents, who rely on my professional services. In short, I have cultivated a small but profitable service that provides me a way to keep close to home while raising my children and supporting my family. There are no special requirements or modifications needed to continue my business. I do not have any signage, parking, separate entrance or other things typically associated with a business. There are no outdoor kennels, as all care is provided in my home. All drop-off and pick-ups are limited to specific business hours out of respect for neighbors. The backyard is completely fenced with 6' PVC privacy fencing and is kept in good condition. In short, my services are offered in a single-family home in the Mckee Addition and do not change the character or purpose of my home. See enclosed photos. During the 10 years I have been in business I have invested heavily in my neighborhood and my property. I've built and maintained relationships with my neighbors, all of whom are in strong support of my business. Several of my neighbors rely on my services and appreciate the convenience of being so close. I have always kept my property well maintained and installed privacy fencing so as to keep my operation clean, secure, and professional. Most recently I built an addition to my home to offer more space for the dogs in my care, This addition was built within the rules and regulations of the city laws and building code. After being in business for a decade I have been informed that my in-home business is now considered a kennel operation, and that I will be unable to continue offering my services. I do not consider my services a kennel operation. I care for very few dogs at any given time and that care is provided in my home. I am not operating like a boarding kennel, which can usually be found to have several large, outdoor kennel runs housing a large number of dogs. The dogs I care for share my home with me and my family; they are healthy, well-behaved family clogs. All my clients dogs are required to be up-to-date on vaccinations (rabies, distemper and bordatella) of which I keep a copy on file at all times. As you may know, the McKee addition is a small neighborhood located within the MSP Noise Exposure Zone, surrounded by industrial and business zones. My business does not operate on a scale close to that of E-2 Air Park, local trucking companies, nor Lexington Business Center, all of which surround my neighborhood. As you can see from the attached maps we are a small pocket neighborhood and the only RI zone in the Eagandale Center Industrial Park 2. Given this location, I feel an NP is a reasonable request. My family has lived in this neighborhood since' 1989 and we value this community immensely. I am very conscientious and respectful of my neighbors and over the years I come to consider many of them friends. Attached you will find of letters of support from my immediate neighbors and several of my clients. In summary, I started this business so that I could stay home and raise my children while contributing to our household income. Like any business, as it grew I had to decide what direction to take it and I chose to keep it small and in-home versus investing in a large facility. Based on this decision I took out a second mortgage to build an addition to my home that would allow more room for the growing client base. Eight days after the final inspection and approval from the City of Eagan, I was informed that I was in violation of code and could not operate my business. in light of this timing I am asking for a 24 month IUP to allow me some time to recuperate some of the cost and/or restructure my business in an approved zoning area. It is my hope that the City will take all of these facts into consideration and approve an interim use permit that will allow me to continue operating my business and contributing to the economy as a corporate citizen. I am more than happy to pay any licensing or business fees, and comply with any inspection or reasonable quantity restrictions the City sees fit. I look forward to working with the City to get this permit approved. Thank you in advance for your consideration. Re ards, Rebecca Carter Client Information Owner's Name Address City Primary Phone_ Email Address Emergency Contact's Name Primary Phone Veterinary Information Primary Clinic Dr. Name Address Dog Iii formation Service Contract State Zip Other Phone Other Phone Phone Dog's Name Breed Sex Age NEUTERED / SPAYED (please circle one) Is this dog current on all vaccines? (Please attach copy of vet records) Rabies Y / N Distemper Y / N Bordatella Y / N Negative Fecal Sample Y/N Dog's Name Breed Sex Age NEUTERED / SPAYED (please circle one) Is this dog current on all vaccines? (Please attach copy of vet records) Rabies Y / N Distemper Y / N Bordatella Y / N Negative Fecal Sample Y/N Dog's Name Breed Sex Age NEUTERED / SPAYED (please circle one) Is this dog current on all vaccines? (Please attach copy of vet records) Rabies Y / N Distemper Y / N Bordatella Y / N Negative Fecal Sample Y/N (612) 708-4345 www.caninecaretaker.com Canifze Caretakers... Your Dogs Home Away From Home Dog Information continued... My dog eats (amount and times daily): What Brand Food? My dog is housebroken: Yes No How does your dog let you know s/he has to go outside? My dog gets along with eats: Yes My dog plays best with: Big dogs My dog personality is: Shy Mellow Other: My dogs' favorite activity Commands my dog knows. No Unsure Small Dogs Male Dogs Female Dogs Any Excitable Active Couch Potato My dog is crate trained: Yes No Where does your dog sleep at night? When you leave your house how is your dog confined? My dog is allowed on furniture at home: Yes No Additional info I would like to share about my dog How did you hear about us If referred by current client please tell us who to thank (612) 708-4345 www.caninecaretaker.com Canuie Caretakers... Your Dogs Home Away From Home Wavier & Assumption to Hold Halmless By choosing to utilize the services, participate in activities, groom or board my dog(s) at Canine Caretakers, I agree to the following: ® I agree to pay the current rates and applicable MN Sales Tax that is in effect at the time my pet is at Canine Caretakers. I am aware that extra charges may be incurred and I agree to pay thern at the time of pick-up. (ie: purchase of food in the event your pet runs out, extended stay, vet care) I understand that any cancellation made less than 5 days ,(10 days for holidays) in advance of a reservation will be subject to a cancellation fee of 25% of the total bill. In the event it is necessary to initiate collection proceedings on the account, I will be responsible for all attorney's fees and costs of collection ® I understand that an interactive play setting is not without some risk, that despite all dogs are supervised and handled with the greatest amount of care, dogs are not always predictable and the unexpected may occur. I recognize that the benefits of an interactive playgroup are valuable to my dog and accept the potential risks. I further agree to pay veterinary/medical expenses incurred as a result of injury to or caused by my dog. ® If my pet appears to be ill or need medical attention, I authorize Canine Caretakers to engage the services of the veterinarian listed in my service contract at my expense. I agree to pay all veterinarian charges incurred by my pet while in the care of Canine Caretakers. If the vet is closed, the after hours emergency care provided by that clinic will be contacted at the client's expense. o I agree to hold Canine Caretakers harmless in the event my dog escapes, becomes ill or dies. I will assume any and all cost associated with repairs and/or medical treatment if my dog is destructive or inflicts injury or damage to property or individuals. ® I understand that Canine Caretakers will exercise all due diligence and care in the guardianship of my dog. I hereby waive and release Canine Caretakers from any and all liability of any nature, for injury or damage, including that which may result from the actions of any dog including my own, and I expressly assume the risk of such damage or injury while my dog is staying at Canine Caretakers. ® I understand that I am required to provide Canine Caretakers documented vaccination records and keep vaccinations up-to-date for the durations of my dogs stay at Canine Caretakers. On behalf of myself and any and all other owners of this dog, I have read and agree to the terrns of this contract. I warrant that I have the authority to represent any and all owners of this dog in signing this contract. Owners Signature Print Name Date (612) 708-4345 www.caninecaretaker.com Carie Caretakers... Your Dogs Home Away From Home Rules and Requirements To ensure the health and safety of your dog and our other guests, we require that all of our clients comply with the following rules and regulations. ® All dogs over 7 months of age must be spayed or neutered. Puppies and shelter dogs must be in the home for 1 month prior to staying at Canine Caretakers. • If dogs prove to be markers or habitual wetters, belly -bands or diapers will be put on the dog. ® All dogs must have up-to-date vaccinations. Owners must provide written proof that their dogs have current DHPP (distemper), rabies and bordetella vaccinations, as well as a clean/negative fecal sample within 6 months. • All dogs must be in good health. Owners will certify that their dog(s) are in good health and have not been ill with a communicable condition in the last 30 days. Upon arrival, all dogs must be free of any condition that could potentially jeopardize other dogs, including fleas or ticks. Dogs that have been ill with a communicable condition in the last 30 days will require veterinarian certification of health prior to staying at Canine Caretakers. ® If a dog that is staying at Canine Caretakers is found to have fleas and/or ticks, it will be treated/bathed at the owner's expense. ® Owners will need to certify that their dog(s) have not harmed, shown aggression or threatening behavior towards and person or other dog(s). ® Please do not bring personal items like bones or toys. We provide food/water bowls, measuring cups, toys, treats and leashes. ® In order to ensure digestive consistency, we ask that you provide your dog's regular diet. ® All dogs must wear an appropriate fitting collar and ID tags. ® All dogs must be on Heartworm preventative during applicable seasons (April — October). Owners Signature Date (612) 708-4345 www.caninecaretaker.com Canine Caretakers... Your Dogs Home Away From Home Certificate of Health and Temperament 1. I (the owner) understand that if my dog(s) has a history of aggression or biting, Canine Caretakers reseives the right to refuse service. 2. I understand that should my dog become aggressive or dangerous to the health and safety of any dog or person, Canine Caretakers reserves the right to tenninate this contract. In the event this should happen I authorize my dog to be placed in boarding facility and will assume full financial responsibility of any and all expenses incurred. 3. I understand that I am liable for any medical care expenses and damages that result from injuries caused by my dog(s). 4. I expressively waive and relinquish any and all claims against Canine Caretakers, except those arising from negligence on the part of Canine Caretakers. 5. I have disclosed to Canine Caretakers all known dangers associated with my dog(s). 6. I expressively understand and agree that Canine Caretakers shall not be held responsible for any damage to my property, or that of others, caused by my dog(s) during the period in which they are in its care. 7. I understand that under no circumstances will Canine Caretakers be liable for consequential damages or damages beyond the replacement value of my dog(s). 8. If any medical problems develop while my dog(s) is in the care of Canine Caretakers, I authorize Canine Caretakers to do whatever they deem necessary for the safety, health and well being of my dog(s). Furthermore, I agree to assume fall financial responsibility for any and all expenses incurred. 9. I understand that Canine Caretakers is a kennel -free facility. I accept the risks involved and agree that Canine Caretakers is not liable for any injuries or illnesses resulting during my dog's stay. 10. I hereby declare to Canine Caretakers that I am legal owner of my dog, that my dog(s) has not been exposed to distemper, rabies or parvo within the past (30) days; that my dog(s) has been inoculated as indicated by records presented; that my dog(s) is currently and properly licensed; and that I have read this agreement in its entirety. Name(s) of Dog(s) Description/Breed of Dog(s) I, , certify that I have read and understand the rules and regulations and accept all the teens, conditions and statements of this agreement. Owner Signature Date (612) 708-4345 www.caninecaretaker.com Canine Caretakers... Your Dogs Home Away From Home micy XN110 I cKioii it am avaro diat ul lwrlloau, I haNv not lmd "If IN li'glics, ith hvc atrine fl'or d on har ot i`c2 JdUV"ate pavICA fielle."Aig and is uelm) -ALfld'4.4�it To Whom It May Concern; We are writing this letter on behalf of Rebecca Car -ter who has been our go -to person for dog sitting for almost 9 years. We are shocked and sad to hear that something has come in the way of her continuing her business and her service to so many people like us, who depend an her. Over these years, we have come to know Rebecca, her husband Dave, their three lovely children, and even Rebecca's mom. They are all lovely people, upstanding citizens, contributors to their community, and people we trust These days we are always being told by government leaders that citizens should become self-starters, that we should support small business initiatives, and that the answers to social problems lie in our own personal efforts to grow and thrive. Rebecca Carter of all people should be celebrated and acknowledged by the City for her drive and initiative, at the very least. If her home business must be closed, we would want for her to be supported with City resources to find a new way to continue her business elsewhere. Sincerely, Karin Aguilar -San Juan Associate Professor, Macalester College 2123 Pinehurst Ave. St. Paul, MN 55116 (651) 647-1055 c Victoria Johnson 3650KobtodRd Eagan, MNS5133 July 27°201S Eagan City Council Eagan Municipal Center 3830 Pilot Knob Rd. Eagan, MN 55122 Kom writing toyou insupport ofRebecca Carter. Aaaresident of Eagan, employee ofolocal small business (Formula Corporation,) a client and friend; I consider Rebecca Carter and Canine Caretakers an invaluable asset to not only my family, but also our growing community. Eagan residents pride ourselves on being an exceptional place to raise a family, including our four legged family members, Rebecca and Canine Caretakers provide what a larger setting cannot, ahome away from home. Rebecca Carter is a mother first, and that resonates with her dogs. She is a natural leader and caregiver, of which are evident |nher understanding of dog mentality and her attentive care of their needs. Not only is Rebecca the animals pack leader, she makes them feel as though they are members of her own family. When xvepull onto her street rnydog gets instantly excited because heknows hewill beable tm run and play with old and new friends, while getting the love and human affection honeeds. His happiness |smine aswell. Mydog, l[O,can bmmlittle anxious around many different dogs, Mabtruly acompanion animal who loves being social and affectionate. I could not leave my dog in good conscious at a large, kenneled boarding facility with people who work shifts and offer no real connection with my dog. Training is about consistency and nothing bmore consistent than ahome environment and someone who lsable to familiarize with my dog on his own level. Knowing my dog is in a home with a family, around kids like he is at home, in an area with familiar sounds and smells is a relief to me. T.O. is able tpgoonwalks and socialize with other dogs all while being closely monitored bVaperson who carefully makes ita point to personally know each dog's temperament and needs so I know my T.O. is safe and so are others. Eagan bmfamily suburb. We thrive on our great schools, family events, growing business hub and easily accessible community. In our rapidly changing area we cannot forget the small businesses in a time when every corner has a national chain. As\magrow, nowill the needs ofour residents and wedeserve options other than companies from outside our community that do not invest back into our community. Rebecca and her family live, and have lived for many years in Eagan and with support from Eagan, I hope they never have to move. It is families like hers that make Eagan so special. | hope you take into consideration the asset we really have here {nregards toCanine Caretakers. |would hate tothink the city | take such pride |nwould not support aresident's small business while | see chain after chain popping up|nconstantly changing zoning areas due totheir legal finesse and endless development money. I want my tax money and elected officials supporting active women and families in our great city who are doing things to make this suburb with big city conveniences and small town vibe stay the gem that it Is. I truly hope you see the value In the services and person I am writing on behalf of. You will not be disappointed. Sincerely, Victoria Johnson 3650 Kolstad Rd Eagan, MN 55123 July 27, 2015 To The City Council: I'm writing this note regarding Rebecca Carter of Canine Caketakers. Over eight years ago I was _Q tQ d"n For many years my husband, our children and I hadn't had a vacation: having three dogs somewhat limits ones ability to get up and go when you want to. When we decided to make an effort to take a vacation, I looked at numerous boarding kennels, and was very frustrated and increasingly distressed. Kennels by their nature keep dogs in cages with concrete floors, only letting them out to a specific "run" area a couple of times a day. if I wished the dogs to have a walk — that is, fora human being to take them for exercise outside of the kennel — there was an extra fee. Our dogs are part of the family, and we wouldrft treat our family that way. I began to wonder if wed ever have a vacation. Somehow, I heard about Canine Caretakers. I contacted Rebecca Carter and visited her. I was impressed by her way with dogs and her warmth, and the fact that she welcomes dogs into her home and cares for them like her own, Moreover, I was delighted because I found someone I could trust — and, now my family co6ld'take a vaction't For the past eight years we've used Rebecca Carter's services When my family has gone on vacation. I have never been disappointed. My dogs are happy (I can tell from the pictures she sands) and never stressed out or anxious when they come home. We even adopted a dog Rebecca was fostering for another client; Miko has now been part of our family for five years. Rebecca went to 'one -Ur him, and I Will always be impressed with her level of committment to finding Miko a good home. In short, Rebecca performs a valuable service to dog owners who want a loving home away from home for their dogs. I hope she can continue to provide this service for many years to come. SI nc"Y, :do � IPafton and. Mark McLellan WA 1 4, N, III St, Louii�Park, MN 55426 612-345.0285 To whom it may concern: I am writing this to you to share my experience regarding Rebecca Carter, and her dog sitting business. She and I met a few years ago when I was in desperate need of some help caring for my dog. We were moving to the twin cities, and my dog at the time was sweet natured, generous, kind and timid. The only options I could find were boarding facilities, kennels and vet offices, all of which used crate or concrete or metal kennels, or cages. Luckily I met Rebecca whose experience with dogs gave her the unique perspective and skill to open her home to my dog, and when he stayed with her he was treated like a family member, he lived in her house, with her family. He was secure and happy, and carne home happy and relaxed. Previous experiences from vets offices or boarding facilities left him anxious and ill. Rebecca and her family are loving and caring people, and I can't say enough positive things about her, or how grateful I am that she is willing to open her home to our dogs. Her place is not a kennel, or a vet office. It isn't sterile, or institutional, it is homey. I feel so very fortunate to be able to call her and know that when my dogs stay with her, they are treated as I would treat them. I am happy to make myself available in case someone from the city council wants to call me. Thank you, and sincerely, Caprice Bart 612-518-4578 To whom it may concern - 1 am writing this email in support of Rebecca and Canine Caretakers. We have used Rebecca many times to board our golden retriever Max, when we have been out of town. Max came into our lives as a rescue dog. He had many personality problems, aggression problems, and an Issue with adult males, and other dogs. After the first time that Max stayed at Rebecca's, we knew he had a home away from home when we traveled. Rebecca was able to not only handle him professionally, had him safely mingle with other dogs, and interact with her family. All with no problems! Canine Caretakers has been an absolute godsend for our family and Max. It is so wonderful to know that he is in a loving, caring, safe, secure and controlled environment when he stays Rebecca's home. It gives us such peace of mind when we leave him there. 'I would never trust the big kennel type operation for Max. It would be a real loss for the city of Eagan, and surrounding communities, if Canine Caretakers were not in operation. If you require me to do anything else, including standing in front of the board myself, I will do whatever it to make sure Canine Caretakers stays open. !reel free to contact me if necessary. Once again it would be a travesty for Canine Caretakers to be shut down, for my family, for my dog Max, and for the community as a whole. Sincerely, Sam Broberg and family, and Max the golden reWeved Dear Eagan City Council, We are reaching out to the city of Eagan on behalf of our daughter, Rebecca Carter, owner of Canine Caretakers. We just want to let you know that in order for her to stay at home and raise her family she quit her corporate job to start her in home dog care services. She took all the necessary steps to be certain everything was done professionally in order to become a legitimate business owner. We take great pride in the small business Rebecca has created in her home. When we get together for family events at her house you wouldn't even know she had dogs there. She keeps her home very well maintained, clean, quiet and secure for dogs that stay with her family. She is a natural born dog leader and keeps order in her home at all times with the dogs she brings in to care for while their family is away. I personally have gotten to know some of the clients who bring their pets to Canine Caretakers and know how much they appreciate the in home service Rebecca provides. There have not been any incidences, disruption or complaints at all since she started this business 10 years ago and we feel there is no reason the city should have her close the door. It is a very small business that she runs; this is not a boarding kennel. The pets that come to her home are part of the family and are treated as such. I trust that the city will reconsider and allow Canine Caretakers to stay in business so that Rebecca can continue to earn a living and support her household. Sincerely, Barb and Tom Meyers (651) 246-5665 From: Sheila Blurton <sjbIurton@icIoud.com> Sent: Wednesday, September 16, 2015 6:32 AM To: APC Subject: Re: Interim Use Permit File Number 02 -IN -02-08-15 This email is in response to the Public Hearing Notice for Rebecca Carter who resides at 1049 McKee Street in Eagan. I have resided at 1056 McKee since 1984. There has never been an issue with Rebecca's care of clogs that I am aware of. I did not know that she tended to dogs for other people until she mentioned it to me. She quietly walks them daily. They do not bark or make other disturbance. I hope that the city will allow her to continue with her care of dogs, Sheila Blurton 612- 599-5931 (cell phone) 651- 454-0444 (home) Sent from my iPad MASLON Doug Holod Direct Dial: (612) 672-8313 Direct Fax: (612) 642.8313 doug.holod@maslon..com September 29, 2015 Via e-mail: MRidley@cityofeagan.com cityofeagan.com Michael Ridley, City Planner City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Rebecca Carter DQar Mr. Ridley: I have known Rebecca Carter for over ten years and can think of few individuals who have exhibited more professionalism in their endeavors than Rebecca. She is a very entrepreneurial and engaging business woman who twined a hobby and passion into a business that helps support her family. Rebecca provides a valuable service to the community in providing care to a small number of pets. More importantly, she is a very honest and sensitive person to her neighbors and is concerned about their well-being. I have always been impressed about how clean and organized her house and backyard is; you would never know that there were pets living there. I would be thrilled to have Rebecca's family as my neighbor in Saint Paul and hope the City of Eagan is fair in their treatment of her small business. Please feel free to contact me with any questions or comments. MASLQN LLP 3300 WELLS FAHGO CENTER I N SOUTH SEVENTH STREET I MINNEAPOLIS, NINt 554D2-4140 1672.£72.6200 j MASLON.COM October 1, 2015 Re: Rebecca Carter To Whom It May Concern- I believe Rebecca Carter should be granted a permit to continue to run her business. I personally use her services and would continue to do so because of the confidence I have in her to care for my dog and the way she runs her business. I live 2 doors down from her and have never experienced any excessive barking or lack of cleanliness. To the contrary, it makes me smile to see her and her young children walking and caring for the dogs. What a great lesson of responsibility to teach them. I believe if this opportunity is taken from them, it would not only be a loss to the family, but to the neighborhood as well. Please feel free to contact me if you have any questions. Thank you for your consideration. Linda Flynn 612 308 0135 1057 McKee St. Eagan, MN 55121 Mike Ridley From: Mary Ratliff <moverdahl@gmail.com> Sent: Monday, September 21, 2015 8:38 AM To: APC; Mike Ridley Subject: Re: Interim Use Permit File Nmber 02 -IN -02-08-15 On Mon, Sep 21, 2015 at 8:36 AM, Mary Ratliff <moverdahl@grnail.com> wrote: Dear Advisory Planning Commission, Please accept this letter in formal objection for the allowance of the continued operation of a dog kennel at the adjacent residential prooperty to mine. I have owned and resided at 1045 McKee St, Eagan for 38 years. This is a quiet residential area inhabited by a combination of older residents, like myself, or young families. The properties are of modest size approximately 0.2-0.25 acres each with houses in close approximation with each other. For 10 years my neighbor at 1049 McKee has gradually gone from the occasional dog sitting for friends to a full-fledged dog kennel business with 10 plus dogs at a time. Over the years I have been tolerant ad neighborly, even when this has meant increased traffic, noise and safety concerns. As it stands, many of my friends refuse to visit because of concerns for the dogs next door. Additionally, there was an aggressive overture from one dog toward my greatgrandson who is a frequent visitor I mistakenly believed she was operating with a license and permit. This is apparently, not true. Therefore, I object to this petition to allow for the continued operation of this business within an area mu ch too small too safely house, kennel and care for theses animals not be approved. I have no objections to her business, but it needs to be set up on an appropriately sized property with compatible zoning. In summation, I formally object to a business permit for a dog kennel next door to my home. It increases non- residential traffic, noise, and exposure of potentially aggressive animals to residents and visitors.It is a safety concern and decreases outdoor activities and property value. Additionally, allowing for residential use of a small house and yard in this manner sets a precedence for other such businesses. Thank you for hearing my concerns. I regret the hard feelings and hardship this decision may be to Becka and her family. Sincerely, Mary C. Ratliff From: Mary Ratliff [mailto:moverdahl@gmail.com] Sent: Monday, September 28, 2015 5:54 PM To: APC; Mike Ridley Subject: Interim Use Permit to allow a kennel in a residential area: File #02 -IN -02-08-15 Dear Eagan City Council members, Since the Advisory Planning Commission's meeting and support of a dog kennel in a residential neighborhood, it has raised new questions for me, the property owner at 1045 McKee St. The questions raised issues which are expressed as concerns in the following way: 1. That the use permit is terminated if the property is sold before permit ends. Since the use permit is granted for the needs and values of the current owner, but stays with the property when transferred to a different owner is unsettling as the new owner may have different intentions and values than the current owner. 2. That aggressive breed dogs are not allowed. 3. That a substantial personal injury insurance policy be in place. In the event an unfortunate injury occurs caused by one of the dogs, Homeowners would not cover and suing should not be a restorative option. How high should the limit be? I'm not sure. More time is needed to research this insurance issue. 4. That when the kenneled dogs are assimilated into the neighborhood for walks, a muzzle be used. 5. That the city monitors vaccination records of dogs before they can be kenneled in our neighborhood. We request these modifications to a use permit because I live next door and take care of my great grandson age 2 and a half three plus days a week. We had an incident this summer. He and I were in front of my house. Becka was walking a boarded dog who growled and started after him. She controlled the situation, but it happened again before she removed the dog. Also, our property value is diminished with a kennel next door. I have lived here 38 years and qualify as an older homeowner, I'm 73. We are considering selling and want the property to be attractive for young families who may want the option of having a day care which is common in our neighborhood. A kennel next to a day care is not safe. I remain opposed to a dog kennel in a residential neighborhood. But, if a use permit is granted, I hope you will seriously consider each of the issues brought forth in this letter. Thank you for hearing and addressing my concerns. Sincerely, Mary C. Ratliff Please accept this letter in formal objection to the petition for allowance of the continued illegal operation of a dog kennel at the adjacent residential property to mine. I have owned and resided at 1045 McKee Street, Eagan for 38 years. This is a quiet residential area inhabited by a combination of older residents, like myself, or young families. The properties are of modest size approximately 0.2-0.25 acres each with houses in close approximation of each other. For 10 years my neighbor McKee has gradually gone from the occasional dog sitting for friends and neighbors to a full-fledged dog kennel business with 10-15 dogs daily. This summer she built an addition with the intention of expanding to 30 dogs. Initially, when it was just a few dogs occasionally, I did not object. Over the years I have been tolerant and neighborly, even when this has meant increased traffic, noise, and safety concerns. As it stands, many of my friends refuse to visit out of concern for the dogs next door. Additionally, there have been aggressive overtures from the dogs toward my great grandchildren who are frequent visitors. I falsely believed she was operating with a license and permit. This is apparently, not true. It is my unequivocal stance that this petition to allow for the continued illegal operation of this business within a residential area, especially within a property much too small to safely house, kennel and care for these animals, not be approved. This is not a commercial neighborhood. I have no objections to her business, but it needs to be set up on an appropriately sized property with appropriate zoning. In summation, I formally object to a business permit for a dog kennel next door to my home. A dog kennel next door increases non-residential traffic, noise, and exposure of potentially aggressive animals to the residents and our visitors. The owner has stated that she controls these animals using bark collars and sedatives, which is in itself concerning. Having a kennel next door is a safety concern, decreases my ability to enjoy the pursuit of outdoor activities and decreases property values. Additionally, allowing for residential use of a small house and yard in this manner sets a precedence for other such businesses. I understand there is a hearing to decide whether the dog kennel will be allowed to operate in a residential area of not. The kennel owner in question has hired a lawyer to assist in the process, however, I do not have the same means to defend myself and therefore ask for the City of Eagan to please consider my concerns and exception to allowing a potentially dangerous commercial business to continue to exist and expand. Thank you for hearing my concerns. Sincerely, Mary C. Ratliff CC: Eagan City Council - citycouncil@cityofeagan.com Kare 11 news WCCO News Star Tribune Governor Mark Dayton City of EaRan ma TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: OCTOBER 5, 2015 SUBJECT: ADDITIONAL INFORMATION / OCTOBER 6, 2015 CITY COUNCIL MEETING NEW BUSINESS A. Interim Use Permit — Rebecca Carter Enclosed is a letter that was received from Rebecca Carter responding to the letter of opposition that was included in the City Council packet on Friday. Attachments: (1) 10-2-15 Letter from Rebecca Carter October 2"d, 2015 To Whom It May Concern: I am writing this to address a letter of opposition that has come in recently regarding my application for an Interim Use Permit. I am dumfounded by these false allegations that my neighbor, Mary Ratliff of 1045 Mckee Street, has made against me. I've known and considered her a friend for over 25 years. My kids have grown up sharing their veggies from our garden, cutting flowers with her and mowing her lawn. She has reached out to me over the years for advice and help with her own personal dogs who she's had behavior and barking issues with. I've even walked her dogs as she has expressed that she's not able to control them on leash. In short, I do not know where these fallacies are coming from as we've always had a great, neighborly relationship. The claims she is making are libelous and are cause for concern. I have never stated to her, nor do I, use sedation or bark collars to control the dogs in my care, as she has suggested. It is unsettling to think one would believe this to be true. In addition, her claims that I am a "full-fledged dog kennel business with 10-15 dogs daily" and have "intention of expanding to 30 dogs", is outrageous. My service is provided in my family home; I do not care for 10-15 dogs a day nor would I even entertain the idea. If I was operating at that level my financials, which I am open to sharing as evidence to support, would show me earning upwards of 150k a year. In reality, my service is a small in-home business that provides supplemental income to help support my household and enables me to stay home and raise my children. We provide care for an average of 3-5 dogs a day. The exception to that is over holidays and school breaks where we can comfortably care for 8-10 dogs. This is in addition to my own 2 family dogs. Additionally, if I intended to care for 30 dogs I would have invested in a large commercial property that would allow for that kind of growth, not my family home. I'd also like to address her concerns/issues she's asked the city to consider in her correspondence dated 9/28/2015. 1. There is no cause for concern that said permit would be transferred to another owner. My family has owned this home since 1989 and has no intentions to sell. I recently built an addition to accommodate my growing family and small business. I have children who are rooted in this community and schools. 2. There is no aggressive dog breed. There are aggressive dogs, which I do not accept into my home. I meet with all dogs to certify their temperament prior to accepting them into my home for care. In addition, owners are required to sign Certificate of Health and Temperament prior to care. (Copy attached) 3. 1 carry sufficient home/property/business liability insurance. In addition, owners are required to sign a Waiver and Assumption to Hold Harmless agreement prior to care. This includes assuming the financial responsibility for any destruction, injury or damages to property or individuals. (Copy attached) 4. All dogs in my care are walked on a leash and are friendly, social family pets that do not need to be muzzled. This is also not a reasonable request as the City does not require muzzles for dogs that are not deemed dangerous. At all other times the dogs in my care are contained in my home or within my backyard which is enclosed by a 6' privacy fence. 5. All dogs are required to be current on vaccinations which include; Rabies, Distemper, Bordatella and Heartworm preventative during summer months. Proof of vaccinations is required before care is provided. Again, this is in my contract which is signed prior to care. (Copy attached) Her concern for the safety of her great grandson and any other children or persons is one I take seriously. I have 3 children myself and would never put them or any others in danger. Please note that I do not care for aggressive or unstable dogs, as is stated in my attached contract. The incident she is referring to this past summer is inaccurate. The dog in question is my own personal dog, who is licensed, vaccinated and has extensive obedience training including an AKC Working Aptitude Evaluation and continued therapy dog training. He was with me on a leash in my yard and barked at her and her great -grand son. I corrected and removed my dog so I could talk to my neighbor without interruption and she expressed no concern or issue, we visited for a few minutes and went on our way. As you can see from the pictures of my property there is no exposure to dogs from my property to hers. We are separated by two 6' privacy fences, a driveway, garden and yard. In addition, we installed a secondary 6' privacy fence 30' from her property line so there would not be any contact between her dogs and ours. There is no concern over diminishing property value as I take pride in my home and keep it meticulously maintained; if anything my home adds to the value of our family neighborhood as I have made many improvements to it. In the last 2 years the homes directly next to me (1053 Mckee) and across the street (1048 Mckee) have sold in under a week for asking price. Both buyers were informed that I care for dogs in my home and there was no issue. In summary, I would like the City to know that I am open to answer and address any questions or concerns regarding this matter. It is my hope that the City looks at these false claims carefully before passing judgment. I have always prided myself on being an ethical, responsible and considerate neighbor and small business owner. This shows in my personal and professional relationships which is reflected in the many letters of support received regarding this matter. To be clear, I am not asking to operate a large scale commercial boarding kennel that would disrupt a family neighborhood. I only want to continue my small home-based dog sitting service where I care for friendly, family dogs. Best Regards, Rebecca Carter Agenda Information Memo October 6, 2015, Eagan City Council Meeting NEW BUSINESS B. Conditional Use Permit — PODS Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow the outdoor storage of PODS containers, on property located at 980 Aldrin Drive, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The site is presently occupied by a 218,000 SF office/warehouse building that was constructed in 1998. ➢ The property is zoned 1-1 (Limited Industrial) parcels with similar uses to the north, east and west. To the south is Faithful Shepherd School, which is zoned BP, Business Park. ➢ PODS is proposing outdoor storage of empty PODS storage containers, stacked two high with a height of 16'. The proposed storage is located in the southeast corner of the truck dock area, adjacent to the PODS tenant space. ➢ The proposed storage is consistent with the outdoor storage requirements found in the City Code save for screening from the public right-of-way. ➢ The proposed storage appears consistent with the outdoor storage requirements found in the City Code with the exception of screening and parking. Additional landscaping should be added to improve screening. Parking appears to be adequate for the existing use and could be expanded to the east if necessary. ➢ A public hearing was held at the September 21, 2015 Advisory Planning Commission meeting and the APC did recommend approval. Issues: None 60 -Day Agency Action Deadline: October 18, 2015 Attachments: (4) NBB-1 Location Map NBB-2 Draft September 21, 2015 APC Minutes NBB-3 Planning Report NBB-4 Exhibits `v vC O 4)Lo 'K w ■� 0 c 1 0CL G 1 . INCD 7 GA U �n�mp N= a m a O o M L) JZ ...® ®....®� �, 4C 0 y 02NN3 qq j L] �� 10 11 O O O y O ON ll � a d l N ®^O-X I Is �Atlu3eiw Ow ^^,, W �1 N SON O 08 M a 80 VIBWOIOO ONVa000M1LOOS3 t Q h �lGRt~`5 V/ G AS OAS V'll3 K K K I Y Z _ _.. _ .._ r� --3AV-NO.L'JNIXI )-£4=0N-000N=k1Nfd - a� :3AV N0 > f U b O 9�b � Q 0 Advisory Planning Commission September 21, 2015 Page 6 of 17 C. PODS Applicant Name: Daniel Knafo, PODS Location: 980 Aldrin Dr; Lot 2, Block 1, Eagandale Corporate Center No. 5 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of PODS storage containers. File Number: 11 -CU -06-07-15 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 17, 2015. Dwayne Lane, PODS, stated he was available for questions. Member Dierkes asked how the storage would be screened. Planner Dudziak stated screening would be provided by additional landscaping. Member Vanderpoel asked if the storage would impede circulation on the site. Mr. Lane explained the location of the storage and that it would not impact vehicle circulation on the site. Vice Chair Vanderpoel opened the publichearing. There being no public comment, Vice Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Member Piper moved, Member Weimert seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of PODS storage containers, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The PODS containers shall be stacked not more than two high, or exceed a total height of 16 feet. 3. For security, all PODS containers shall be empty, and all PODS containers shall be locked to prevent unauthorized access into the units. 4. The applicant shall relocate trash containers inside the building, or provide a plan for construction of an enclosure(s) for City staff review and approval, prior to release of the Conditional Use Permit for recording. Construction of any new trash enclosure(s) shall be completed by July 1, 2016. 5. Landscape screening shall be added to screen the storage area from both the street and the school the south. 6. A landscape plan shall be provided for staff review and approval, prior to release of the Conditional Use Permit for recording. Landscaping shall be installed by July 1, 2016. Advisory Planning Commission September 21, 2015 Page 7 of 17 7. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 17, 2015 APPLICANT: PODS PROPERTY OWNER: 980 Aldrin LLC REQUEST: Conditional Use Permit LOCATION: 980 Aldrin Drive CASE: ll -CU -06-07-15 HEARING DATE: September 21, 2015 APPLICATION DATE: August 19, 2015 PREPARED BY: Pam Dudziak COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of PODS storage containers upon property located at 980 Aldrin Drive, legally described as Lot 2, Block 1, Eagandale Corporate Center No. 5. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — PODS September 21, 2015 Paae 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUNDMISTORY The property was platted and developed in 1998. EXISTING CONDITIONS The site is developed with a 218,000 s.f. office/warehouse building. Access to the property is via Aldrin Drive. The site shares a truck maneuvering area with the adjacent industrial lot to the west. There are a wetland and a constructed stormwater pond on the eastern portion of the property. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Planning Report — PODS September 21, 2015 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area — The surrounding area is developed with industrial uses including warehouse, distribution and commercial service garage. The property to the south is developed with a school and is zoned Business Park. Business Park zoning does not permit outdoor storage. Airport Noise Considerations — The site is located within the one -mile Buffer of Airport Noise Zone 4. Within this area, industrial uses are considered compatible. Site Plan — PODS occupies a 30,000 s.f. tenant space in the southeast corner of the building. The proposed outdoor storage of PODS containers is located in the southeast corner of the existing paved parking lot and loading dock area. The storage area has an existing paved bituminous parking lot surrounded by concrete curb and gutter. No changes are proposed to the existing parking lot. A review of the site showed trash containers stored outside on the property. City Code Sec. 11.70 requires enclosure of trash containers. Trash containers should be relocated inside the building or an enclosure(s) constructed in accordance with City Code standards. The applicant should relocate trash containers inside the building, or provide a plan for construction of an enclosure(s) for City staff review and approval, prior to release of the Conditional Use Permit for recording. Construction of any new trash enclosure(s) should be completed by July 1, 2016. Building Address Numbers — The existing building address identification signage should be reviewed. If necessary, new numbers should be installed consistent with the provisions of Section 2.78 of City Code. Landscaping — The site was landscaped with in initial development. No new landscaping is proposed. As discussed elsewhere in this report, additional landscape screening should be installed to enhance screening of the storage area from the public street and the school to the south. Existing Use Zoning Land Use Designation North Warehouse/Distr. (Meritex) Service Garage (Penske) I-1, Limited Industrial IND, Limited Industrial South School Faithful Shepherd) BP, Business Park BP, Business Park East Warehouse/Distribution (Graebel) 1-1, Limited Industrial IND, Limited Industrial West Warehouse/Distribution (Cross Country Courier) I-1, Limited Industrial IND, Limited Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area — The surrounding area is developed with industrial uses including warehouse, distribution and commercial service garage. The property to the south is developed with a school and is zoned Business Park. Business Park zoning does not permit outdoor storage. Airport Noise Considerations — The site is located within the one -mile Buffer of Airport Noise Zone 4. Within this area, industrial uses are considered compatible. Site Plan — PODS occupies a 30,000 s.f. tenant space in the southeast corner of the building. The proposed outdoor storage of PODS containers is located in the southeast corner of the existing paved parking lot and loading dock area. The storage area has an existing paved bituminous parking lot surrounded by concrete curb and gutter. No changes are proposed to the existing parking lot. A review of the site showed trash containers stored outside on the property. City Code Sec. 11.70 requires enclosure of trash containers. Trash containers should be relocated inside the building or an enclosure(s) constructed in accordance with City Code standards. The applicant should relocate trash containers inside the building, or provide a plan for construction of an enclosure(s) for City staff review and approval, prior to release of the Conditional Use Permit for recording. Construction of any new trash enclosure(s) should be completed by July 1, 2016. Building Address Numbers — The existing building address identification signage should be reviewed. If necessary, new numbers should be installed consistent with the provisions of Section 2.78 of City Code. Landscaping — The site was landscaped with in initial development. No new landscaping is proposed. As discussed elsewhere in this report, additional landscape screening should be installed to enhance screening of the storage area from the public street and the school to the south. Planning Report — PODS September 21, 2015 Page 4 Site Lighting — Site lighting consists of wall packs on the building, 400 watt high pressure sodium fixtures. No changes to the site lighting are proposed. The existing lighting was installed for the loading and parking area Wetlands — City Ponds DP -11, EP -3, and EP -3.1, classified as natural wetlands, are located on portions of this parcel. Because the outdoor storage will not result in any wetland alteration activities, the City's Wetland Protection and Management Regulations (City Code § 11.67) do not apply. Stormwater Management/ Water QualitX — The applicant does not propose an increase to the amount of existing imperious surface. Therefore, City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality do not apply. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Streets/ Access/ Circulation — Public street access will remain unchanged at the existing location onto Aldrin Drive. Financial Obligation — At this time, there are no pending assessments on the parcel. Outdoor Storage Standards— In addition to the requirements for a conditional use permit listed above, City Code Section 11.70, Subdivision 22, C, 2, lists performance standards for outdoor storage as follows: a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city ... In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached fi^om the principal building. The outdoor storage area is not proposed to be enclosed. The PODS storage containers are 8' tall, 16' long, and 8' wide. They are designed to be stacked, and proposed to be stacked in the storage area, with a total height of 16'. For security, all PODS containers should be empty, and all PODS containers should be locked to prevent unauthorized access into the units. b. The storage area shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The storage area is proposed in the side yard, and contained within the existing paved area which meets the required minimum setbacks of 5' from both the side and rear property lines. Planning Report — PODS September 21, 2015 Page 5 c. The outdoor storage area shall be screened from view from the public Night -of -way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The storage area is at the rear of the site. There is a wooded area to the east. The proposed outdoor storage is visible from the street and from the school property to the south. Landscape screening should be added in both locations to enhance screening limit visibility of the storage area from off the site. A landscape plan should be provided for staff review and approval, prior to release of the Conditional Use Permit for recording. Landscaping should be installed by July 1, 2016. d. The storage area shall not interfere with any pedestrian or vehicular movement. This standard is met as the proposed outdoor storage area is located adjacent to the building in the loading dock and truck maneuvering area. e. The storage area shall not take up required parking spaces or landscaping areas. The storage area is not displacing landscaping or green space. The layout of PODS containers provided by the applicant occupies the truck dock area adjacent to the building. Based on the submitted site plan, l Iparking stalls in this area of the lot are occupied by the proposed outdoor storage. The site is currently provides about half of the required amount of parking for the 218,000 s.f. warehouse building. City Code requires 227 stalls, 104 are currently provided. The impact to parking of the outdoor storage is minimal, and there is no indication that the current amount of parking is insufficient. Should additional parking prove necessary in the future, it appears that parking could be expanded on the east side of the property. f. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The storage area is surfaced with bituminous asphalt and edged with concrete curb and gutter. SUMMARY/CONCLUSION The applicant is proposing outdoor storage of PODS containers southeast of the building. With few exceptions, the proposed storage area appears to satisfy the outdoor storage performance standards in the City Code. For security, the containers should be empty, and locked to prevent unauthorized access. The proposal does not expand the paved area or increase the impervious surface coverage. Additional landscaping should be added to screen the storage area from both the street and the school the south. Planning Report — PODS September 21, 2015 Paee 6 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of PODS storage containers upon property located at 980 Aldrin Drive, legally described as Lot 2, Block 1, Eagandale Corporate Center No. 5. If approved, the following conditions should apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The PODS containers shall be stacked not more than two high, or exceed a total height of 16 feet. 3. For security, all PODS containers shall be empty, and all PODS containers shall be locked to prevent unauthorized access into the units. 4. The applicant shall relocate trash containers inside the building, or provide a plan for construction of an enclosure(s) for City staff review and approval, prior to release of the Conditional Use Permit for recording. Construction of any new trash enclosure(s) shall be completed by July 1, 2016. 5. Landscape screening shall be added to screen the storage area from both the street and the school the south. 6. A landscape plan shall be provided for staff review and approval, prior to release of the Conditional Use Permit for recording. Landscaping shall be installed by July 1, 2016. 7. Building address numbers shall be reviewed and replaced if necessary to comply with the provisions of Section 2.78 of City Code. Project Name: PODS - 980 Aldrin Drive This map Is for reference use only. Pro 1 This is not survey and Is not Indtended 500 250 0 Feet Request: Conditional Use Permit to be used as one. 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I �- - - •Li; 3 — NOW J\ Rpyon Con�lrucibn, Ine;..: iV� � n�B ��e nn®a nn� � n=i� August 19th 2015 Pamela Dudziak Planner City of Eagan City Hall 3830 Pilot Knob Road Eagan, MN 55122 RE: CONDITIONAL USE PERMIT APPLICATION — PODS OUTSIDE STORAGE Dear Pamela: Please see attached application and documentation for a Conditional Use Permit granting PODS Enterprises the use of the truck court of 980 Aldrin Drive, Eagan, MN for the storage of their empty PODS branded containers. The containers are 8 feet tall, 16 feet long and 8 feet wide and are designed to be stacked. The containers are clean and in well kept condition. The containers are designed to be stacked up to four high however PODS is requesting to be allowed to stack the containers only two high (16 feet) in a neat organized matter as outlined in the provided documents. The outside containers shall remain empty of all contents. The property is currently a warehouse and the surrounding properties are warehouses. The property is currently zoned 1-1 (limited industrial). The timing for the outside storage would like to begin around 4th quarter of 2015. Please do not hesitate to contact myself or my partner Patrick Schneider should you have any questions Very truly yours, DTZ AMERICAS, INC. Alex Beacham Patrick L Schneider Vice President Principa15810 West 78th Street, Suite 150 4301 Anchor Plaza Parkway IMinneapolis, MN 55439 Direct: +1 952 929 2011 Tampa, FL 33634 Mobile: +1952 457 5266 (813)241-3833 Email: pat tricks(i�caIhoA.icornm.ercial.com Alex.beacham@dtz.com - Agenda Information Memo October 6, 2015, Eagan City Council Meeting NEW BUSINESS C. Conditional Use Permit — Matheson Gas Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Conditional Use Permit to allow the outdoor storage of compressed and liquefied gases, vehicles and trailers, on property located at 3191 Mike Collins drive, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ Majority of Councilmembers present Facts: ➢ The site is presently occupied by a 33,000 SF warehouse building that was constructed in 2003. ➢ The property is 12 acres in size, of which 2.5 acres are wetland. ➢ The building is surrounded by drive aisles and parking lots. ➢ The property is zoned and surrounded by 1-1 (Limited Industrial) parcels. ➢ The proposed storage is located to the rear of the building in multiple areas. ➢ The gases are proposed to be in two, separate, gated areas and up to 10 vehicles/trailers located at the loading docks at the rear of the building. ➢ The proposed storage is consistent with the outdoor storage requirements found in the City Code save for screening from the public right-of-way. ➢ A public hearing was held at the September 21, 2015 Advisory Planning Commission meeting and the APC did recommend approval. Issues: None 60 -Day Agency Action Deadline: October 18, 2015 Attachments: (4) NBC -1 Location Map NBC -2 Draft September 21, 2015 APC Minutes NBC -3 Planning Report NBC -4 Exhibits v �C - ax °.moo° Advisory Planning Commission September 21, 2015 Page 8 of 17 D. Matheson Gas Applicant Name: Michael Summerbell, Matheson Gas Location: 3191 Mike Collins Dr; Lot 1, Block 1, Eagandale Center Industrial Park No. 18 Application: Conditional Use Permit A Conditional Use Permit to allow outdoor storage of PODS containers. File Number: 11 -CU -05-08-15 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated September 14, 2015. Mike Summerbell, Matheson Gas, stated he was available for questions. Vice Chair Vanderpoel asked what silane is. Mr. Summerbell explained that silane is an inorganic compound which is often used in the production of semiconductors. Vice Chair Vanderpoel opened the public hearing. There being no public comment, Vice Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Member Piper moved, Member Dierkes seconded a motion to recommend approval of a Conditional Use Permit to allow outdoor storage of compressed and liquefied gases, as well as company vehicles and trailers, upon property located at 3191 Mike Collins Drive, subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. The outdoor storage shall be limited to those items identified, and located as illustrated, on the revised Site Plan received September 14, 2015. 3. The applicant shall install bollards per the Site Plan received September 14, 2015. 4. No additional outdoor storage shall be allowed. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. The chain link and barbed wire fence shall not exceed 7 feet in height. 7. The applicant shall provide a landscape plan that includes the addition of multiple coniferous trees to screen the outdoor storage from the public right-of-way. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 14, 2015 APPLICANT: Matheson Gas CASE: 11 -CU -05-08-15 HEARING DATE: September 21, 2015 PROPERTY OWNER: Mike Collins Bldg LLC APPLICATION DATE: August 19, 2015 REQUEST: Conditional Use Permit LOCATION: 3191 Mike Collins Drive PREPARED BY: Sarah Thomas COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of compressed and liquefied gases, as well as vehicles and trailers, upon property located at 3191 Mike Collins Drive. AUTHORITY FOR REVIEW Conditional Use Permit: City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Planning Report — Matheson Gas September 21, 2015 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. Is appropriate after considering whether the property is in compliance with the City Code. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was platted as Lot 1, Block 1, Eagandale Center Industrial Park No. 18 in 2003. The parcel consists of 11.78 acres, of which 2.5 acres are wetland. EXISTING CONDITIONS The 33,000 SF warehouse building and parking lot were constructed with the original development of the site in 2004. The building is surrounded by parking lots and drive aisles and access is provided to Mike Collins Drive. The building is connected to City sewer and water services. Standard drainage and utility easements are located along the west and east sides of the property, an easement cover City Pond EP -1 at the north side of the property, and Northern States Power has a 50 foot wide easement along the west property line. A railway owned by Canadian Pacific Railroad is immediately west of the property. The site is heavily treed around the perimeter of the pond, and the rest of the site is open. SURROUNDING USES The subject site is surrounded by I-1, Limited Industrial properties. Planning Report — Matheson Gas September 21, 2015 Page 3 EVALUATION OF REQUEST Compatibility with Surrounding Area — Outdoor storage is a conditional use in the I-1 zoning district. The proposed use appears generally compatible with the surrounding properties and existing uses. Site Plan — Outdoor storage is proposed in two areas on the site consisting of cylinder gases as well as tractors, trailers and trucks. A portion of the existing asphalt parking lot on the west side of the building, and a portion of the grass island at the south end of the building, would be removed and replaced with concrete pads to be used for the storage areas. Bollards and a 6' chain link fence with barbed wire atop (total height 7') are shown around the areas in and adjacent to the paved areas. Similar fencing is also proposed in the grass area, located south of the building. Public Safety has reviewed the perimeter containment and finds it in compliance with the Fire Code. No other changes are proposed to the existing parking lot. Outdoor Storage Requirements — 1. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically compatible with the principal building. In limited industrial (I-1) and general industrial (I-2) zoning districts, the enclosure may be detached from the principal building. A total of 10 tractors, trailers and trucks are identified on the Site Plan, located at the loading docks at the back of the building. This area is not proposed to be enclosed. The two locations with gas tank storage are proposed to be enclosed with bollards and fencing. 2. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The proposal satisfies this condition. The majority of the outdoor storage occurs in the rear yard with a portion extending into the side yard, south of the building. 3. The outdoor storage area shall be screened from view from the public right-of-way and from any adjacent property which is designated for residential uses in the comprehensive guide plan. The proposed storage areas are screened from public right-of-way by the existing building except for approximately 15 feet that extends beyond the south side of the building. According to the applicant's narrative, within this area will be "a three -sided structure constructed of concrete for the storage of silane. This small structure would Planning Report — Matheson Gas September 21, 2015 Paee 4 have a canopy and also have gas monitoring." Two gas storage tanks are also proposed in this area. The area will be screened by an 8' chain link fence. The applicant should plant coniferous trees in this location to screen the view from the public right-of-way. 4. The storage area shall not interfere with any pedestrian or vehicular movement. The proposal satisfies this condition. The proposed location as identified on the Site Plan allows adequate emergency vehicle access and minimal occurrence of pedestrian movement. S. The storage area shall not take up required parking spaces or landscaping areas. The proposal satisfies this condition. The I-1 zoning district requires a minimum of 25% green space on the property. The proposal only adds 987 SF of hardcover to the site which still leaves over 80% of the site as green space. 6. The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposal satisfies this condition. Wetlands — City Ponds EP -1, classified as a natural wetland, is located along the northeastern portion of this parcel. Because the outdoor storage will not result in any wetland alteration activities, the City's Wetland Protection and Management Regulations (City Code §11.67) do not apply. Stormwater Management/Water Quality — The applicant proposes to increase the amount of impervious surface by 987 square -feet. The City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality do not apply because the increase in impervious surface is below 10,000 square -feet. Utilities — The existing building on the site is connected to the City sanitary sewer and water main systems. No additional connections are proposed with this application. Streets/Access/Circulation — Public street access will remain unchanged at the existing location onto Mike Collins Drive. Financial Obligation — At this time, there are no pending assessments on the parcel. Planning Report — Matheson Gas September 21, 2015 Paae 5 SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow outdoor storage of compressed and liquefied gases, as well as box trucks, semi -tractors and trailers. The site is located in an industrial area and the proposed outdoor storage satisfies five of the six outdoor storage criteria. The outdoor storage standard not met is the requirement of proper screening of the proposed storage from Mike Collins Drive. Through conditions of approval, this storage standard should be met. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow outdoor storage of compressed and liquefied gases, as well as vehicles and trailers, upon property located at 3191 Mike Collins Drive. If approved, the following conditions shall apply: This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council and proof of its recording provided to the City. 2. The outdoor storage shall be limited to those items identified, and located as illustrated, on the revised Site Plan received September 14, 2015. 3. The applicant shall install bollards per the Site Plan received September 14, 2015. 4. No additional outdoor storage shall be allowed. 5. All parking and storage areas shall be properly maintained to prevent deterioration. 6. The chain link and barbed wire fence shall not exceed 7 feet in height. 7. The applicant shall provide a landscape plan that includes the addition of multiple coniferous trees to screen the outdoor storage from the public right-of-way. rtN�S �O� o m9 City of Eapn Location Map N Project Name: Matheson Gas Request: Conditional Use Permit 11ONr-GA RQ -1 Case No: 11 -CU -05-08-15 °OOR Subject Site ss® Bur Oaks 0111 R. Park ALMINDR - ° ®°•®Map $ ea-xTOr" °°i Thresher Fields Park Legend Parcels Buildings Parks Ce®®� City Boundary N o.�ueae�+N+ Feet 0 500 1,000 2,000 3115 Y. f rz n �„- t REV B.E NE n TUN — saw- '"'"`"' "'^"""` PROPOSED AREA OF WORK IMPERVIOUS AREA PERCENTAGE: NOT FOR /. oExs RtmxBBx CURRENT SITE =2.80 ACRES =18.3% CONSTRUCTION -111 AN Rs ;1.� MATHESON. PRELIMINARY DRAWING B CONFIDENTIAL DOCUMENT °mm -is EFRNR ask... The Gas Professionals' rR Bss BxBNEE PROPOSED SITE =2,82ACRES =18,4/- ris-OcuNENT18TNBPR011—OF—ESON 'Ra ' -W WEER a NEW IMPERVIOUS AREA= 987 Sq. ft. n.O s ITMAYNOT BE—El OROIsrRIBU+EOW N mem wB 'E 3191 MIKE COLLINS DR., -Al MN FPSNION WRHOUT PRIOR E%PRESBEO WRITTEN CONBENr. 16 IY9VA—TYENGWEeR ,..,-� , IMPERVIOUS AREA PERCENTAGE: NOT FOR DATE I RE— FFOR °Pnwx o °ar,umis PFEBST nPPv° u xs 4 ��\ MATHESON. ° xa Rc'"E PROPOSED SITE PLAN A CURRENT SITE = 2,80 ACRES =18.3% CONSTRUCTION PEum a xs M PR ESSENCIxEER PRELIMINARY DRAWING PROPOSED SITE =2,97 ACRES =19A% CONFIDENTIAL DOCUMENT ask...The Gas Professionals' ` NEW IMPERVIOUS AREA=7444 Sq. 8. WISRocuMENiISTNEPROPERtt 1—HESON OhS. ITMATNO S—PIEOORDISTNROTED—Y eos�„camp xla,wa vSTx— aE °I ER 3191 MIKE COLLINS DR .r EAGAN MN SS WIS OOCOMOOT hSJST EREWaNEoD NREO EST. I4 `ETM `"c'"�"` 3OF8 I 1 13 12 11 1 10 1 9 1 0 1 7 1 6 1 5 4 1 3 1 2 1 rosy EXISTING BUILDING • - • 9 2 C3,_y. - e FENCE , • - • eauN°s GATE o zs• sa' � - , ' B 3 j y � A NOT FOR CONSTRUCTION CONFIDENTIAL DOCUMENT °A "E " DiOR °" " "'"° i '4W\ MATHESON- ,,.' ask... The Gas Pr°lessienals" , °`"""°'" PaceEss ExcmEEa PROPOSED SITE PLAN PRELIMINARY DRAWING " Nn InEENcIxEEN 3191 MIKE COLLINS DR. EAGAN MN 1 ...,-,. TFaL.°IT MAY NOT° coPaE°oan DlSTRl iu"lN" 'An,I" THIUTPFIONE%lN SENMINIRENC NSENT. im..... "'n�"`u°° 1—— 13 12 11 10 9 8 7 6 5 4 3 2 1 H H G G F F E E 0 0 0 Him O , s Iz TOP OF RGPBiu EL (875) EL -(877) B B FENCE SPECIFICATION: NOTFOR ownw avo � �MATHESON- "°'E°T"T"` --a o'ns "s.a x PROPOSED SITE AEW 0 N+ 6'FT. CHAIN LINK FENCE (GALVANIZED STEEL) CONSTRUCTION WEST ELEVATION WITHFENCE WITH 3 STRANDS OF BARBED WIRE CONFIDENTIAL DOCUMENT It..A k.. ,ThGas Pfssinals" , —ESE Enc rcEEa A 12719 "'°'""" 3191 MIKE.COLLINS DR., EAGAN, MN Tn'TCAEITT`-1NIT11 Euoams111 IHI- me"io".T"ouT'_HE..ESSEEDMI nnCON-' oo �TxiswE°�sa�,°Ewo aEsm.— EnE"wnEEn6OF8 1 13 12 Il iOs 9 86 5 4 3 2 1 Bow 14000pw —a. �a i�l���ll�l�l�I�IA®11�11�11�1®II�I�II�I msazrersaca�m�m�IcmNe �rca� .c..w«vs 10 BI IB NOTFORI'muruo CU JI I [ VICVV A CONSTRUCTION PEUNT a xn VAN MATHESON,- aS Na'"E� EAST ELEVATION CONFIDENTIAL DOCUMENT ask ... The gas Professionals' r ExcmEEa T2FOA5190ITOMAY NO TB THE PROPERTY , Int iT`xi`Eon '"""�"°"00 'nee"cwcen 3191 MIKE COLLINS DR., EAGAN MN Fas.'ON.TF.OTPxIOa EXPaESSEDMITTEN CONSENT; 169n1496W Su[n'[ucIxFFN ....� .. 13 12 11 1 10 9 8 1 7 6 1 5 1 4 3 2 1 H \ H net Mnk�COC<i4ja R G G Rrn� F F 5 E o E - EXISTING BUILDING 5 0 $ D D - – – - – – - - - - – \ f9 j nni a Ran C � Ran sni C .e n,. e B SCALE: 1" = 50' (11X17) NOT FOR Rev RATE REL n DDDR Donn" aRwo 0JE0iAN""GER PROPOSED SITE GRADING PLAN CONSTRUCTION o -ION"A x: •�-A MATHESON- New A PRELIMINARY DRAWING A �/' ask...The Gas Professionals" oRocesseNE'l-, A CONFIDENTIAL DOCUMENT TRI GAs.O1T MAYENOTR COPi D ORDIST`a BUTED IN w'�in�`Tei`.s"m°e"�"""5J1"J00 16f EN01NEft 3191 MIKE COLLINS DR., EAGAN, MN FfSH1ONVNuHOUT PRIOR 9 RENRNoOUONPORRONCE.T.. 4694149000 —ENGINEER 80F8 0 13 12 11 10s oo 9 1 8 7 6 5 4 3 2 7 NARRATIVE FOR MATHESON GAS FACILITY at 3191 MIKE COLLINS DRIVE The zoning classification of 3191 Mike Collins Drive is 1-1. The location was previously used as a trucking distribution center and is currently vacant. Matheson is seeking to relocate from its current location in New Brighton, MN and lease the facility at 3191 Mike Collins Drive to use it as a production and distribution center for various compressed and liquefied gases along with associated warehoused hard goods. Cylinder gases which would be filled at this site are: • Medical, industrial, and high purity grade oxygen • Medical, industrial, and high purity grade nitrogen • Industrial and high purity grade argon • Medical and industrial grade carbon dioxide • Medical grade nitrous oxide • Industrial and high purity grade helium • Industrial shielding gas mixtures containing argon/carbon dioxide/helium/nitrogen/oxygen Location modifications which would be required to accomplish the production functions are: • Outdoor installation of six cryogenic storage tanks which would be used to store liquid oxygen, nitrogen, argon, carbon dioxide, and nitrous oxide. The tank systems would also include the installation of ambient air vaporizers, storage tubes, and a pump for each product. Perimeter fencing around the tank pad area would be installed for security and protection. • Outdoor storage of a helium tube trailer • Creating a room within the current building that is rated for H-3 occupancy to allow for indoor storage and filling of oxygen cylinders. • Outdoor installation of an emergency generator to maintain power in the event of a power outage. • At some point in the future, space for a hydrogen tube trailer if justified by business needs. This facility will also serve as a distribution center to serve customers in the Minnesota market. In addition to distributing products which will be produced at the facility, company owned vehicles will also deliver welding hard goods and cylinder gases which would not be produced at the facility. Location needs and modifications required to accomplish distribution functions would be: • Outdoor parking of tractors, trailers, and trucks • Creating a room within the current building that is rated for H-2 occupancy to allow for indoor storage of flammable gases such as propane and acetylene for redistribution. • Installation of a modular, fire rated, special purpose gas cylinder storage building for inventorying gases which are classified as hazardous. This special purpose modular building will be equipped with a sprinkler system, gas detection system, and will be continuously ventilated into special purpose abatement units which are designed to adsorb any released gas in the unlikely event of a cylinder leak. Cylinder gases inventoried in these storage units will be stored and redistributed. There will be no production of these gases at the facility and cylinder valves on these products will not be opened at the facility. • Installation of a three -sided structure constructed of concrete for the storage of silane. This small structure would have a canopy and also have gas monitoring. • installation of perimeter fencing around the special purpose gas cylinder storage area for security and protection. A projected inventory of each gas type is included with this application under separate attachment. Upon approval by the City of Eagan, Matheson's intent would be to start on any interior building modification in an immediate fashion and pour the cement foundations for the tanks and exterior storage units when weather allows to accommodate a facility start-up by the early second quarter of 2016. Agenda Information Memo October 6, 2015, Eagan City Council Meeting NEW BUSINESS D. Comprehensive Guide Plan Amendment — MVZ, LLC Actions To Be Considered: To direct staff to submit a Comprehensive Guide Plan Amendment to the Metropolitan Council to change the land use designation from Special Area/Major Office to Special Area/Mixed Use for approximately 194 acres located at 2800 Lone Oak Parkway. Required Vote For Approval: Majority of members present Facts: ➢ A majority of the 194 acre site lies within the 452 -acre Laukka Beck Planned Development approved in 1985. ➢ The only developed areas of the subject site were developed as the Northwest Airlines Headquarters and Flight Training facilities. The two vacant buildings, totaling 526,000 square feet, and associated parking lots exist on approximately 43 acres. The Concept Sketch Plan illustrates potential uses including an athletic/training complex and corporate office facilities associated with the Minnesota Vikings, outdoor practice fields, an outdoor stadium, a conference center and hotel, additional corporate offices, medical offices, vertical mixed-use, retail and multi -family housing. ➢ Save for retail and residential, the proposed uses are consistent with the MO designation. ➢ The narrative states that the redevelopment of the site will be accomplished over a period of 10-15 years, with development densities and mixes of different land uses dependent on market conditions. ➢ The scope of the project triggers a mandatory environmental review to determine if there is a need to prepare an Environmental Impact Statement. ➢ The Advisory Planning Commission held a Public Hearing on the proposed land use amendment on September 21, 2015 and they are recommending approval. Issues: None Attachments: (4) NBD-1 Location Map NBD-2 Draft September 21, 2015, APC Meeting Minutes NBD-3 Planning Report NBD-4 Exhibits T 9 0 L L (' dC o r> C r Y' x N >CL �aic Z ■� v > d Q O QA Q � r_w m o °E ELo ` Y PaQO O r n m a y c -�' Z .®® .® oe®d9 tm v N Z J ® rro O a� v 0 sin a'JNIS ONS My Y Q L) N N z �o Q 9� �IVMNtltld Ntla �No� N db0�� P� yam_ a Pie � O �pP o� v o ?A3E�R NVS=l1Y �-- aa a� P2 Advisory Planning Commission September 21, 2015 Page 14 of 17 F. MVZ Ventures LLC Applicant Name: Richard Koppy, EVS for MVZ Ventures LLC Location: 2800 Lone Oak Parkway Application: Comprehensive Guide Plan Amendment A Comprehensive Guide Plan Amendment to change the land use designation from SA -MO (Special Area -Major Office) to SA -MIXED (Special Area -Mixed Use), upon approximately 194 acres. File Number: 01 -CG -02-08-15 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated September 17, 2015. Kevin Warren, Minnesota Vikings Chief Operating Officer (COO), provided some background including that the Vikings have simply outgrown their Winter Park facilities located in Eden Prairie. He stated the Vikings ownership group is excited to explore the subject site and that they have a big vision for the property. Steve Poppen, Minnesota Vikings Chief Financial Officer (CFO), walked the Commission and audience through a PowerPoint presentation that described the mix of uses and the overall vision of a coordinated development. Member Piper asked why retail and residential land uses were being sought. Don Becker, Minnesota Vikings Stadium Project Executive, explained the live, work and play concept the ownership group has in mind. He also stated that flexibility is important as the project timeline is anticipated to be 10-15 years and no one knows what market forces will be present 10+ years down the road. Member Sagstetter asked where the nearest residential property was in relation to Winter Park. Pat Mascia, attorney representing the Minnesota Vikings, stated the nearest residential to Winter Park is some distance away. He went on to say the ownership group sees the property in Eagan, and its proximity to the regional transportation system, as a location for a development that will provide a regional draw. Mr. Warren and Mr. Becker responded to questions by stating the development team sees a fully integrated park and trail system that will be available to the general public and that the Vikings organization is very in tune with the security necessary for their facility and their ability to work with outside agencies. Vice Chair Vanderpoel opened the public hearing. Steve Chavez, 1587 Skyline Path, stated his support for the project and the unique opportunity it presents for the community. Advisory Planning Commission September 21, 2015 Page 15 of 17 Greg Miller, Interstate Partners, stated his support for the project and characterized it as an unbelievable asset for the area and for Eagan as a whole. John Cole, Cole Enterprises, stated his concern on the east/west street connection to IGH and the potential impact on his family's property. A representative from Trinity School at River Ridge, 601 River Ridge Parkway, stated his support for the request. Frances O'Neill, 820 O'Neill Drive, asked that traffic impacts be studied before the development is approved. Vicki Stute, Dakota County Regional Chamber President, stated her organization's support for the unique proposal. There being no further public comment, Vice Chair Vanderpoel closed the public hearing and turned the discussion back to the Commission. Vice Chair Vanderpoel stated to the audience that the APC's review of the amendment request was at a very high level and that future applications would provide the opportunity to flesh out the various details raised during the Public Hearing. A motion to recommend approval and a second were made. Member Piper stated he was in favor of the amendment and suggested that the more office use the better. Member Dierkes stated his interest in seeing how the residential component can come together and not feel so isolated. Members Sagstetter and Weimert stated their support for the application. Member Piper moved, Member Weimert seconded a motion to recommend approval of a Comprehensive Guide Plan Amendment.to change the land use designation from SA -MO (Special Area -Major Office) to SA -MIXED (Special Area -Mixed Use), upon approximately 194 acres. All voted in favor. Motion carried 7-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: September 17, 2015 APPLICANT: EVS for MVZ Ventures LLC PROPERTY OWNER: Excelsior Group, Interstate Partners REQUEST: Comprehensive Guide Plan Amendment CASE: 01 -CG -02-08-15 HEARING DATE: September 21, 2015 APPLICATION DATE: August 28, 2015 PREPARED BY: Michael J. Ridley, AICP Erik Slettedahl LOCATION: 194 acre located South of I-494, east of Dodd Road, west of Ames Crossing Road (former Delta Airlines property) COMPREHENSIVE PLAN: SA -MO, Special Area -Major Office ZONING: PD, Planned Development and A, Agricultural SUMMARY OF REQUEST The applicant is requesting a Comprehensive Guide Plan Amendment to change the land use designation from SA -MO (Special Area -Major Office) to SA -MIXED (Special Area -Mixed Use), upon approximately 194 acres located south of I-494 and east of Dodd Road (Hwy 149), west of Ames Crossing Road. AUTHORITY FOR REVIEW The city's Comprehensive Guide Plan was prepared pursuant to Minnesota Statutes, Section 473.864. As defined by statute, the Land Use Plan is a guide and may be amended from time to time as conditions change. The city's Guide Plan is to be implemented by official controls such as zoning and other fiscal devices. The creation of land use districts and zoning is a formulation of public policy and a legislative act. As such, the classification of land uses must reasonably relate to promoting the public health, safety, morals and general welfare. When a change to a city's Comprehensive Guide Plan is requested, it is the city's responsibility to determine if the change is in the best long-range interests of the city. The standard of review of a city's action in approving or denying a Comprehensive Guide Plan amendment is whether there exists a rational basis. A rational basis standard has been described to mean having legally sufficient reasons supportable by the facts which promote the general health, safety and welfare of the city. Planning Report — MVZ Ventures, LLC. September 21, 2015 Paee 2 BACKGROUND/HISTORY ZoningHistor_y — A majority of the site lies within the 452 -acre Laukka Beck Planned Development that was substantially approved in 1985 with incorporation of the Northwest Airlines Headquarters office development. The Planned Development allocated 1,136,600 square feet of office and office/showroom within the former Northwest Airlines development area, of which, 525,579 square feet were eventually constructed as part of the headquarters and flight training facility. In 2010, an amendment to the Laukka-Beck Planned Development reallocated 500,000 square feet of future office development to correspond with platting of the Lone Oak 3rd Addition. In the northeast corner of the subject site, 17.4 acres originally part of the Laukka-Beck Planned Development, was approved under a new Preliminary Planned Development in August 2006 to allow up to 120,000 square feet of multi -story office. The amendment request area also incorporates 35 acres of adjacent vacant land, formerly owned by NWA/Delta Airlines, that was not included in the Laukka-Beck Planned Development and is currently zoned Agriculture. Comprehensive Land Use Guide Plan — The land use designation on this property is currently Special Area — Major Office. The Northeast Area Special Area Plan guides future development within and surrounding this property toward corporate office, business park, commercial and institutional uses. The City's first Land Use Plan was prepared in 1974 and originally designated the area as Regional Shopping Center. The area was later designated in 1981 as Commercial Planned Development and remained under this designation until 2001 when it was included in the Northeast Eagan Special Area Plan and guided as Office/Service. In 2005, in response to a land use amendment request to allow single family detached housing, the Northeast Eagan Land Use Study was conducted that analyzed several land use development scenarios for the area. The Study recommended the land use should be retained for commercial/industrial uses. The Northeast Special Area was amended in 2008 and designated the area as Major Office to reflect the corporate campus and business park environment that has developed within the area. Presently, the Metropolitan Council's Thrive204O regional plan encourages future density housing in proximity to transportation investment and employment bases. Eagan, as a net importer of employees during the working day, is expected to show housing density in its pending 2018 Comprehensive Plan Update at 5 units per acre and to plan for an additional 2,500 units beyond what is currently in the development pipeline. Since Eagan has limited vacant land supply remaining, the City may still need to consider guiding additional land for higher density housing currently not planned for in its current Land Use Plan in order to meet these forecasts. Planning Report — MVZ Ventures, LLC. September 21, 2015 Page 3 Most of Eagan's future higher density housing has typically been allocated within Eagan's Cedar Grove redevelopment area and within several of the Special Area plans. EXISTING CONDITIONS A majority of the 194 acres is currently vacant/undeveloped property. The land is generally a mix of wooded and open, rolling topography with areas of steep slopes that contains several wetland areas. The site has an overall topographical change of over 100 feet. The only developed areas of the subject site were developed as the Northwest Airlines Headquarters and Flight Training facilities. The two vacant buildings, totaling 525,579 square feet, and associated parking lots exist on approximately 43 acres. The site is currently accessed by two private drives connecting Lone Oak Parkway, Ames Crossing Road and O'Neill Drive. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST PROPOSAL The applicant is requesting an amendment to change the land use designation of this site, located within the Northeast Special Area Plan, from MO, Major Office, to MU, Mixed Use with the intent to develop the property with a mix of uses including a corporate office complex with training facilities, general office, medical office, hospitality, retail, and multi -family residential. The site consists of the former Northwest Airlines Headquarters and Training Facility property and surrounding property previously owned by Northwest/Delta Airlines. The site also includes 7.4 acres of vacant property that is platted as Outlot A, Novus Addition and approved for a multi- story office use. The Concept Sketch Plan submitted with the application shows a multi -phase development comprised of 10 development areas with multiple development phases. The first phase, located on approximately 41 acres centered in the north half of the development, would include an athletic/recreational training complex and corporate facilities associated with the Minnesota Existin Use Zoning Land Use Designation North City border and Interstate State right-of-way State right -of -Way 494 East Private school, vacant, A, Agricultural; SA -PF -Public Facility, SA - residential (Ag) PD, Planned Development Special Area Major Office South Corporate offices, vacant PD, Planned Development SA -Special Area Major property Office West Single -Family Residential, A, Agriculture; BP, SA -BP Special Area -Business office, office/warehouse Business Park Park EVALUATION OF REQUEST PROPOSAL The applicant is requesting an amendment to change the land use designation of this site, located within the Northeast Special Area Plan, from MO, Major Office, to MU, Mixed Use with the intent to develop the property with a mix of uses including a corporate office complex with training facilities, general office, medical office, hospitality, retail, and multi -family residential. The site consists of the former Northwest Airlines Headquarters and Training Facility property and surrounding property previously owned by Northwest/Delta Airlines. The site also includes 7.4 acres of vacant property that is platted as Outlot A, Novus Addition and approved for a multi- story office use. The Concept Sketch Plan submitted with the application shows a multi -phase development comprised of 10 development areas with multiple development phases. The first phase, located on approximately 41 acres centered in the north half of the development, would include an athletic/recreational training complex and corporate facilities associated with the Minnesota Planning Report — MVZ Ventures, LLC. September 21, 2015 Pave 4 Vikings. The site could potentially include outdoor fields, an indoor training facility, and an outdoor stadium. Subsequent phases shown in concept indicate potential massing of uses that may include a conference center and hotel, additional corporate offices, medical offices, vertical mixed-use, retail and multi -family housing. The submitted narrative states that the redevelopment of the site will be accomplished over a period of 10-15 years, with development densities and mixes of different land uses dependent on market conditions. Phase I construction is anticipated to begin in the Spring of 2016. The applicant's narrative describes the site as a unique opportunity to create a regional destination featuring the headquarters and training facilities of the Minnesota Vikings with a "proposed mix of uses that will supplement, expand and add value to the surrounding land uses and serve the residents of Eagan, Mendota Heights, Inver Grove Heights and other east metro communities. At this location, any of the proposed uses will thrive standing alone. When these uses are combined together and with surrounding land uses, and then supported by the Minnesota Vikings as an anchor, the proposed development has an opportunity to be special." Additionally, the narrative states: • The offices/medical offices and Minnesota Viking campus headquarters are consistent with the current zoning and Comprehensive Guide Plan and are fully compatible with other uses in the surrounding area. • The applicant envisions a "retail/residential village" theme designed to serve the proposed and current uses and nearby neighborhoods that will enhance opportunities and not negatively impact existing uses in Eagan and surrounding communities. • The natural amenities of the site, its central location and proximity to I-494, and mix of proposed uses make this a strong multifamily residential site, making it a true "live, work, play" environment. • Hospitality and conference center uses offer outstanding support for the significant existing office density and are critical to the operations of the Minnesota Vikings. • The Minnesota Vikings headquarters, training facility and stadium will serve as anchors to the development and will draw tenants, users, residents and guests, with the site being home to public events that will enhance vibrancy to the area. ENVIRONMENTAL IMPACTS Topography/ Grading — The site topography is rolling with wooded and wetland areas. The 194 acre site includes a combination of open and heavily treed areas. There are two existing buildings and parking lots that were part of the former Northwest Airlines headquarters. There are large variations in topography, and elevations range from 850 in the southeast corner to 960 in the northeast corner of the site. The site generally slopes toward the middle of the property. Planning Report — MVZ Ventures, LLC. September 21, 2015 Page 5 The majority of the site would be disturbed for the installation of streets, utilities, buildings, parking lots, and storm water features. Storm Drainage — The entire site lies within Drainage District F (as designated in the City Storm Water Management Plan — 2007). The site generally drains toward a series of ponds and wetlands at the middle of the property. Storm water is then routed to the southwest via an existing storm sewer system toward O'Neill Lake (City Pond FP -1) to the west. The development of this property will be subject to the codified 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. There are several wetlands on site. In accordance with City Code § 11.67, a Certified Wetland Delineator will need to prepare a delineation and assessment (via MNRAM) report for the wetlands. Any development of the site will need to be addressed in accordance with the State Wetlands Conservation Act. Trees/Vegetation — The site is heavily wooded in areas, especially in the northwest portion of the site and in lower elevation areas near existing wetlands. Development of the site will be subject to the City's Tree Preservation Ordinance. Removal of significant trees beyond the Tree Preservation Ordinance allowable amount will require mitigation. Oulot A, Novus Addition is subject to previous tree mitigation requirements established within the existing Preliminary Planned Development. Airport Noise Compatibility — All new development in this area will be exposed to airport noise impacts and the use of sound attenuating construction techniques will be necessary. The City of Eagan considered airport noise as a factor in its Comprehensive Guide Plan and has subsequently adopted an Aircraft Noise Zone Overlay District in the land use regulations of the City Code, in accordance with the Metropolitan Council's 2030 Transportation Policy plan, Appendix M (Land Use Compatibility Guidelines for Aircraft Noise). The subject site is located within 2007 Airport Noise Zone 4 One -Mile Buffer. The uses proposed under this amendment are considered "Compatible" within the one -mile buffer. Although the Northeast Special Area Plan discourages residential uses due to aircraft noise and other factors, the Land Use Compatibility Guides adopted in the City Code recognizes unit construction type associated with multifamily residential with shared entrances generally provide a higher level of noise mitigation than individual entrance type residential construction. Environmental Review — Due to the suggested intensity of development for the area, a mandatory environmental review will be required to determine development impacts on the subject site and surrounding transportation and utility systems serving the area and to determine if there is a need for an Environmental Impact Statement (EIS). Planning Report — MVZ Ventures, LLC. September 21, 2015 Paize 6 INFRASTRUCTURE IMPACTS Sanitary Sewer — Sanitary sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Lateral sanitary sewer of sufficient size, depth, and capacity is available for connection and extension with development of this property for the western half of the site. Trunk sanitary sewer is also available for the eastern half of the site; however, an existing portion located near Lone Oak Parkway is identified in the City's Comprehensive Sanitary Sewer Plan (2000) for upsizing with further development in the area. Off-site trunk sanitary sewer improvements may be necessary with the full development of this property. All septic systems within the development should be sealed in accordance with City and County standards. Water Main/Supply — Trunk water main of sufficient size and capacity is available around the perimeter of the site for connection and extension with development of the property. All wells within the development should be sealed in accordance with City and County standards. A utility analysis will be included in the environmental review being performed for this area. Any utility improvements identified in the environmental review will need to occur with this development. Streets/Access/Right-of-Way/Easements — Access to the site is currently provided by various public commercial/industrial roadways including Northwest Parkway, Lone Oak Parkway, O'Neill Drive, and Ames Crossing Road. The existing transportation system is likely adequate for the initial phases of development. Full development may require improvements to existing surrounding roadways, and the construction of new transportation infrastructure in the area. Dakota County partnered with the City of Eagan, the Minnesota Department of Transportation (MnDOT), the Metropolitan Council, the Federal Highway Administration, and the Cities of Inver Grove Heights, Mendota Heights, and Sunfish Lake to conduct a transportation system study in northern Dakota County, termed the Regional Roadway Visioning Study. The main purpose of the study was to determine what expansion of the roadway and trail system needs to occur to handle growth in the area, including northeast Eagan. The study, approved by the City Councils of all affected Cities in July 2010, among many other improvements, identified the need for an east -west collector roadway, extending from existing Northwest Parkway east into Inver Grove Heights. Public right-of-way for Northwest Parkway was dedicated with the Lone Oak 3rd plat. Additional public right-of-way will need to be dedicated to connect this future public east/west street to the north/south Ames Crossing public street. Planning Report — MVZ Ventures, LLC. September 21, 2015 Page 7 A transportation analysis will be included in any environmental review being performed for this area. Any roadway and pedestrian facility improvements identified in the environmental review will need to occur with this development. Easements/ Right -of -Way — There is a 40 foot gas pipeline easement running through the northern end of the site. This pipeline has been abandoned and the applicant should work with the gas company to remove the pipe and abandon the easement. COMPREHENSIVE LAND USE IMPACTS Land Use Designations Special Area Plan — The site is located within the Northeast Special Area. The Northeast Special Area is bounded by the municipal border on the north and east sides, Hwy. 55 on the south side and Hwy. 149 to the east. The intent of this Special Area Plan is to provide Eagan with a cohesive transition from a relatively large amount of existing single family residential south of Highway 55, agriculture, vacant and underutilized land to employment and commercial uses. The Northeast Special Area Vision Plan provides policy statements to guide future development. The plan incorporates recommendations from a 2005 Northeast Land Use Study that analyzed land use scenarios which included residential uses. The study was in response to a land use request proposing single family/individual entrance residential units. The Study recommended retaining commercial/industrial as the long-term land use for the area, unless a compelling reason existed to change it. The Study's findings sited airport noise, location and lack of residential services among the reasons to retain the existing land use plan. The Special Area Plan designates the subject site as MO -Major Office. The Major Office category provides areas to accommodate a mix of professional offices, research and development facilities, professional educational/vocational institutions, hotels and public open space/trails designed for daytime employment populations. The following policies pertinent to this request are contained in the Northeast Special Area Plan: ■ The City expects the study area to develop as business park, research and development and neighborhood business uses. ■ In recognition of the area's location, the City will take full advantage of opportunities to present an attractive City image (via development quality, etc.). ■ A new roadway plan should ensure a cohesive development and circulation pattern in the area. ■ Uniform design elements providing identity will be promoted and new development will utilize materials and design features consistent with City Code and compatible with those utilized in the Laukka-Beck Planned Development. Planning Report — MVZ Ventures, LLC. September 21, 2015 Page 8 New development shall respond and strive to retain the natural features of the area including wetlands and mature vegetation. Due to the area's proximity to the airport and the fact that single family uses are considered transitional, the City shall discourage any additional residential development, including further subdivision of any of the existing residential property. New development within the study area shall incorporate sound attenuating construction techniques as suggested by the Metropolitan Council. Compatibility — The proposed plan anticipates a mix of uses, many of which are already compatible with the Major Office land use including the corporate office complex, medical and general office, and a hotel/conference center. However, the Mixed Use designation is required in order to include the residential and retail components of the plan. The applicant is proposing to create a "residential/retail village" theme within subsequent phases of the master plan. The residential use would be limited to shared -entrance, multifamily residential, which is currently considered a "Compatible" use within the one -mile airport noise zone buffer. Additionally, the applicant considers the natural elements of the area as a unique opportunity for trails and open space to serve both the day time and residential uses. Introducing medical office, hotel and multi -family residential to this area will also generate the need to provide retail/service uses to support the new and existing development in the broader area. Similarly, the need for park and pedestrian -scale related activity will also need to be addressed as the various phases come on line. While the proposed narrative and concept plan attempts to address many policies established in the Northeast Special Area Plan, it is a policy matter for City officials to determine whether the requested change from Major Office to Mixed Use is reasonable given the City's general vision for the area. Density — A majority of the site is zoned Planned Development under the Laukka-Beck Planned Development and a Preliminary Planned Development approved with Outlot A, Novus Addition. Both of these Planned Developments allow general office/corporate office uses totaling 1,256,600 square feet. The site also includes 35 acres of vacant, Agriculture zoned property which will require incorporation into a revised Planned Development. While the submitted application is still in conceptual form, the applicant indicates a potential mix of uses totaling up to 2,865,000 square feet. The applicant notes the need for flexibility to determine the correct mix based on market conditions over time. The applicant will be required to submit significantly more development detail with a Rezoning/Preliminary Planned Development application subsequent to a favorable determination of land use suitability by policy makers. As mentioned previously, the scope of the proposed development triggers a mandatory environmental review. That exercise will provide analysis of Planning Report — MVZ Ventures, LLC. September 21, 2015 Page 9 typical urban area impacts of multiple development scenarios to better understand cumulative impacts of phased development projects within the area. Physical Suitability — The subject site has varied topography with areas of steep slopes, woodlands and wetlands. Any development will be subject to City ordinances in regard to tree preservation, wetland protections, stormwater management and water quality. The physical suitability for the existing Major Office land use or proposed Mixed Use varies with the type and scale of development. Where large footprint buildings may be better suited to flat open sites, creative design will be necessary in order to maintain the site's integrity and natural features. Land Supply —Overall, 1,129 acres (5.3%) are presently designated MO -Major Office within the City's Comprehensive Plan. Although the overall site represents 194 acres of currently vacant or underutilized Major Office land, 90 acres (47%) of land under this plan would be retained for Major Office uses, and a potential for up to 50 acres (25%) to be used for residential/retail mixed use. The remainder of the site would be reserved for wetland retention, open space buffers, trails and right-of-way. As a result, roughly 50 acres would be removed from the Major Office land supply. PARKS AND RECREATION SYSTEM Parks — Residential development was not previously considered in this area of Eagan resulting in no neighborhood park infrastructure being provided or planned. If the land use change is approved, it will be necessary to define where neighborhood park features would be implemented and what they would be to appropriately serve the proposed neighborhood at the time of future development applications. Trails — Walking/biking trails to serve the daytime population were anticipated in the Northeast Special Area Plan. If the land use change is approved, it will be necessary to define the specific layout and connections for such trails at the time of future development applications. In 2010, Dakota County adopted a Greenway Plan which identifies a future Greenway trail in Inver Grove Heights, within 11/4 mile to the east of the subject site. The future development of the Greenway Trail corridor may support the need and creation of additional connector trails. SUMMARY OF FINDINGS General Considerations • The applicant is requesting a change in land use designation from Special Area/Major Office to Special Area/Mixed Use, for approximately 194 acres currently zoned Planned Development and Agricultural and located between Hwy 149 and Ames Crossing Road, south of I-494. Planning Report — MVZ Ventures, LLC. September 21, 2015 Page 10 The property contains the former Northwest Airlines Headquarter Office and Training Facility, plus surrounding undeveloped land. This area is part of the Laukka-Beck Planned Development and Outlot A, Novus Addition Planned Development that allows up to 1,256,600 square feet of office development. The Northeast Special Area Plan designates the subject site as MO -Major Office. The Major Office category provides areas to accommodate a mix of professional offices, research and development facilities, professional educational/vocational institutions, hotels and public open space/trails designed for daytime employment populations • The proposed plan anticipates a mix of uses, many of which are already compatible with the Major Office. However, the Mixed Use designation is required in order to include the residential and retail components of the plan. Environmental Impacts • Due to the suggested scope and intensity illustrated in the Conceptual Site Plan a mandatory environmental study will be required to determine if an EIS is needed. • Development of the site is subject to the City's Tree Preservation Ordinance (Sec. 11.70, Subd. 12.1). • There are a number of wetlands on site. A wetland delineation and assessment will need to be prepared by a qualified professional, and development the site is subject to State Wetlands Conservation Act. • Development of the site will need to comply with Post Construction Requirements (City Code §4.33) for stortnwater management and surface water quality. • The site is located within the Airport Noise Policy Zone 4, One -mile Buffer. All proposed uses are considered compatible within the one -mile Zone 4 Buffer. To be clear, while low and medium density residential uses are not considered to be compatible within this noise zone, properly sound attenuated high density residential uses are compatible. • It will be a policy matter for decision makers to determine whether the overall plan in this case justifies the introduction of a new area of residential development within this area. New development in this area will be subjected to airport noise impacts and sound attenuating construction techniques will be required. Infrastructure Impacts • Transportation and utility infrastructure in the area anticipated full build -out of major office uses. The required environmental review will determine development impacts on Planning Report — MVZ Ventures, LLC. September 21, 2015 Page 11 the subject site and surrounding transportation and utility systems serving the area and to determine if there is a need for an Environmental Impact Statement (EIS) Comprehensive Land Use Impacts • The City's Comprehensive Guide Plan incorporates themes of sustainability, active living and connectivity. Goals and policies relative to the request are contained in several sections of the Comprehensive Guide Plan, including the Northeast Special Area Plan. • As proposed, the concept plan for the development essentially introduces a new mixed use neighborhood where one had not been planned before. If the land use change is approved, it will be necessary to continue to incorporate the features suggested in this application, such as neighborhood retail, parks and recreation noted below and connectivity between the various uses as part of the future development applications. Park and Recreation System • Residential development was not previously considered in this area of Eagan resulting in no neighborhood park infrastructure being provided or planned. • If the land use change is approved, it will be necessary to plan and provide for neighborhood park infrastructure as part of the future development applications. ACTION TO BE CONSIDERED To recommend approval of a Comprehensive Guide Plan Amendment to change the land use designation from SA -MO (Special Area -Major Office) to SA -MIXED (Special Area -Mixed Use), upon approximately 194 acres located south of I-494 and east of Dodd Road (Hwy 149), west of Ames Crossing Road. 0 MI City of Eap Location Map Project Name: MVZ Ventures, LLC Request: Comprehensive Guide Plan Amendment Case No: 01 -CG -02-08-15 Legend Parcels Buildings _ ;Parks 4fAb AAA® City Boundary N Feet 0 500 1,000 2,000 INT RSTATE4N 0.NEILL DRIVE INTERSTATE 494 City of Eagan Narrative Submittal Comprehensive Guide Plan Amendment August 28, 2015 Introductionf5ite and Location Description The 200 -acre planned development site that is the subject of this Application is located in the northeast quadrant of the Intersection of State Highway 149 (Dodd Road) and Interstate 494 in the City of Eagan between Lone Oak Parkway and Ames Crossing Road (See EX -1). The "Subject Site" is currently home to the vacant Northwest/Delta Airlines Headquarters building and the affiliated, and also vacant, Flight Simulator Building (see EX -2) and includes Outlot A, Novus Addition, platted by Interstate Partners in 2005, and a parcel that is adjacent to Outlot A and Interstate 494. Applicant, MVZ Ventures, LLC., or an affiliate of Applicant desires to re -develop this site into a mix of retail (potentially with multifamily residential or office uses built over the top), office (potentially including medical office), additional multifamily residential (potentially including senior housing), hospitality, an athletic/recreational complex with stadium and corporate facilities, together with trail, open space, water/wetland and other amenities. Applicant requests an amendment to the current comprehensive guide plan for this area of the City of Eagan to enable the City to zone the Subject Site to permit this mix of uses at the approximate densities this Narrative describes. Submittal Material In addition to this Narrative, Applicant's Comprehensive Guide Plan Amendment submittal package includes the following: Application fee - $500 check. Development Application form with two current property owner signatures. ALTA Survey of the Delta Airlines part of the Subject Site dated June 2015, and a February 14, 2008 survey of the Interstate Partners part of the Subject Site. Novus Addition Plat. Certified mailing list and mailing labels for property owners within 350 feet of the boundaries of the subject property. • Concept Site plan and visual attachments. • Flash Drive copy (pdf file) of the submittal. Comprehensive Guide Pian Designation (Current and Proposed) Currently, the Subject Site Is guided for "SA/MO" (Special Area/Major Office). This zone permits Corporate Office and Office Showroom uses. The original guide plan density is shown in the table on the next page. The GSF calculations below incorporate the densities approved in the May 7, 1985 Planned Development Agreement relating to the Subject Site between the City and Laukka-Beck Eagan, as amended by the September 21, 2010 Amendment to Planned Development Agreement between the City and Delta Airlines. - Parcel Corporate HQ (Phase 1) Future (Phase 3-7) Future (Phase 5-7) Proposed Use Area (GSF) General Office 531,600 sf Office/Office Showroom 605,000 sf Research, R&D 100,000 Office/Office Showroom 301,000 sf Research, R&D, Retail Retail 1,437,600 sf Lot Area ................ 67.0 acres 86.3 acres 28.3 acres 181.6 acres Applicant proposes to revise the current Comprehensive Plan designation of the Subject Site to permit (i) some of the existing permitted uses, augmented by the additional uses the Introduction to this Narrative describes and (ii) additional estimated densities as described in the following table, all of which will be further refined as Applicant and the City move forward. The described Parcels are depicted on the attached Exhibit entitled "Eagan Site Concept 1" (EX -3) and all recited areas are estimated as of this date in order to provide the City with a conceptual idea of the potential size of the development currently envisioned by the Applicant. The attachment identified as "Eagan Site Concept 1" depicts, in concept, the proposed parcel arrangement and the potential massing of these uses. Given that this is a Jong term development plan, and depending on market conditions, massing and uses may shift among parcels as this project moves forward. Parcel Proposed Use Area Lot Area Parcell Office/Medical Office/ 100,000 150,000 11.0 Retail Hotel 80,000 100,000 Parcel 2 Conference Center 190,000 220,000 15.0 Parcel 3 :Headquarters Building/ 180,000 210,000 40.9 Practice Facilities 100,000 120,000 Parcel Office/Medical Office 340,000 400,000 18.7 Parcel Retail 95,000 145,000 9.0 MF Res./Office Suite 50,000 80,000 Parcel 6A Retail, MF Res./Office 75,000 150,000 10.5 Suite Parcel 6B MF Res./Medical Office 220,000 250,000 7.5 Parcel 7 MF Res./Medical Office 160,000 180,000 4.8 Parcel Office/Medical Office 240,000 270,000 14.1 Parcel 9 MF Residential 160,000 190,000 5.0 Parcel 10 MF Res./Medical Office 375,000 400,000 10.0 Infrastructure areas 47.4 2,365,000 2,865,000 193.9 Acres *As noted previously, the mix of uses and densities among the parcels may shift as this plan is further refined and depending on market conditions. Residential density for the sake of this table is calculated Zoninf; lassificatisn The majority of the Subject Site 200 acre site is currently zoned Planned Development (PD), but a 35 - acre portion of the Subject Site is Zoned "A" (Agriculture) (See EX -6). Future zoning for the entirety of the Subject Site is proposed to be "PD," with the additional potential uses this Narrative describes. Timing and Phasing of the Proposed Development At this time, Applicant envisions that its redevelopment of the Subject Site will be accomplished in multiple phases over 10-15 years, depending on market conditions. Applicant desires to commence construction of Phase I of the Concept Plan in the spring of 2016, with additional phases to follow (four or more phases in the aggregate). Phase I includes the Headquarters Building for the Minnesota Vikings professional football team and a football training complex that Includes three or four natural grass football fields, a football stadium with artificial turf and a seating capacity to be determined and an indoor football training facility that is connected to the Headquarters Building. Phase 11 will potentially add retail/residential, hotel, conference center and/or other components. Future Phases will be necessary to complete development of the Subject Site. The table below describes the estimated timing of redevelopment phasing as currently envisioned. The Parcels and Phasing plan are visually described in EX -4 and EX -5. Development Phase I Phase IV Description Vikings Training Facility Headquarters Building Retail Hotel Office/Medical Office MF Residential Office/Medical Office MF Residential Area/Parcel Parcel 3 Parcels 1, 2, 4, & 5 Parcels 6, 7, & 9 Parcels 8 & 10 Construction Dates 2016-2019 2019-2020 2019-2025 2025-2030 Existing Land Uses on Subject Property Attached as EX -2 is an aerial photograph of the Subject Site, showing all improvements. The Subject Site is home to two office buildings, the 273,500 sf former headquarters building of Delta Airlines, and the 278,000 sf Flight Simulator Building formerly occupied and operated by Delta Airlines and used for Flight Simulator pilot training, together with surface parking and other related site improvements, These two buildings were built between 1985 and 1987. The remainder of the Subject Site is vacant. Additional office and retail development was planned, but never completed, on the Subject Site. Northwest Parkway carries vehicular traffic through the Subject Site and the O'Neill Frontage Road carries vehicular traffic around the Subject Site. Lone Oak Point and Ames Crossing Road also serve the Subject Site. There are several hundred feet of trunk sanitary sewer, watermain, and storm sewer facilities that meander through the Subject Site supporting the buildings and services on these sites. Additionally, site and area drainage and natural conditions have created a number of wetlands on the site that will be an amenity to Applicant's proposed development and create unique opportunities for trails and open spaces as part of the proposed development, F � F o -Z Surrounding Land Uses and Zoning within 660 feet The City's zoning map is attached as EX -6, showing the various zones that surround the Subject Site. The Subject Site is surrounded by major corporate office uses, educational uses, some residential uses and Type I Flex and other warehouse and light industrial uses. The aerial photograph attached as EX -1 depicts a wider land area showing the various uses that surround the Subject Site. We understand that most of the zoning within this area has been completed under the PD zoning designation. Compatibility of Proposed Lard Use with the Surrognding Area The Subject Site is a beautiful site with rolling topography and natural amenities that is supported by substantial past infrastructure investment that is underutilized. The size of the Subject Site and its natural amenities and location present a unique opportunity to create a regional destination featuring the headquarters and training facilities of the Minnesota Vikings. Applicant believes the current infrastructure will support this destination development (to be later confirmed). The proposed mix of uses will supplement, expand and add value to surrounding land uses and serve the residents Eagan, Mendota Heights, Inver Grove Heights and other east metro communities. At this location, any of the proposed uses will thrive standing alone. When these uses are combined together and with surrounding land uses, and then supported by the Minnesota Vikings as an anchor, the proposed development has an opportunity to be special. Specifically: The office/medical office uses included in the proposed Concept Plan are consistent with current land uses surrounding the Subject Site. The Minnesota Vikings' Headquarters campus and future office phases are consistent with the originally approved corporate office campus master plan, current zoning and the current Comprehensive Plan and are fully compatible with other uses in the development area. The proposed retail uses, envisioned with a "Retail/Residential Village" theme, are designed to serve the current surrounding uses and the proposed uses on the Subject Site, as well as nearby neighborhoods. The surrounding area is currently underserved with retail uses and the proposed size of the retail development is such that the proposed retail development should not negatively impact existing retail uses in Eagan and surrounding communities. It will enhance the surrounding area. The natural amenities of the Subject Site, the mix of uses in the Applicant's proposed redevelopment of the Subject Site, its proximity to Interstate 494 and its central location in the Southeast Metro near many other regional amenities make this a strong multifamily residential development site. It will be a true "live, work, play" environment. Hospitality and conference center uses in the Concept Plan are outstanding support uses for the significant office density existing in the area and the proposed future office development. These uses are also critical to the operations of the Minnesota Vikings. The conference center will be a destination for companies in the Twin Cities, greater Minnesota and other states. AUG 28 f xSt a �. '� .�. C..a� ., �s� �'.t ,..v ..u.-� u! <...,k.�, �.,. e 5� s�k�.-4,=�� .5 .. <.cus�:+r '� f.._u�,'� ��., •�; �''' �;.a The Minnesota Vikings Headquarters, together with their training facility and stadium are the anchor of this development and will draw tenants, users, residents and guests. The stadium will be home to many public and civic events that will enhance the surrounding area. Thank you for considering our Application and for the opportunity to bring this exciting development plan to the City of Eagan. AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER OCTOBER 6, 2015 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Findings of Fact, Conclusion and Resolution to approve the Preliminary Real Estate Purchase Agreement with Inland Group (CAP Acquisitions, LLC) for Outlot A in the Cedar Grove Redevelopment District f�7��1��7:1���1►L��� E. NEW BUSINESS F. OTHER BUSINESS G. ADJOURN Agenda Information Memo October 6, 2015 Eagan Economic Development Authority Meeting NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENTAGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. EDAC-1 Minutes of the September 15, 2015 EDA meeting. 2. APPROVE FINDINGS OF FACT, CONCLUSION AND RESOLUTION TO APPROVE THE PRELIMINARY REAL ESTATE PURCHASE AGREEMENT WITH INLAND GROUP (CAP ACQUISITIONS, LLC) FOR OUTLOT A IN THE CEDAR GROVE REDEVELOPMENT DISTRICT— At its meeting of September 15, 2015, the EDA Board directed the preparation of a resolution to approve the CAP Acquisitions purchase agreement for Outlot A in the Cedar Grove Redevelopment District for the construction of a 161 unit, 55+ apartment project. The resolution has been prepared and is in order for consideration at this time. EDAC-2 Resolution of Approval for of CAP Acquisitions Purchase Agreement D. OLD BUSINESS There are no Old Business items at this time. E. NEW BUSINESS There are no New Business items at this time. F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota September 15, 2015 A meeting of the Eagan Economic Development Authority was held on Tuesday, September 15, 2015 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commission Fields, Commissioner Hansen, and Commissioner Tilley. Also present were Executive Director Osberg, City Attorney Dougherty, and Community Development Director Hohenstein. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Hansen moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of September 1, 2015. 2. It was recommended to authorize Braun Intertec to undertake environmental remediation for Outlot A, Paragon Addition, in the Cedar Grove Redevelopment Area. There was no Old Business. OLD BUSINESS NEW BUSINESS Public Hearing to Consider Preliminary Real Estate Purchase Agreement with Inland Group (CAP Acquisitions, LLC) for Outlot A in the Cedar Grove Redevelopment District Director of Communication Hohenstein introduced the item noting at its meeting of August 18, 2015, the Council received and reviewed a concept plan and purchase agreement from Inland Group for the development of a 5 story, 161 unit 55+ active senior market rate apartment project at the Cedar Grove Redevelopment District. Hohenstein noted Outlot A, the 4 acre parcel is located at the west end of the redevelopment district, between the parking garage and the transit station. Keith James with Inland Group gave a brief summary of the company and their product lines. President Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Commission. Commissioner Fields moved, Commissioner Bakken seconded a motion to close the public hearing and direct the preparation of findings of fact to approve a real estate purchase agreement between the Eagan EDA and CAP Acquisitions, LLC for Outlot A in the Cedar Grove Redevelopment District pursuant to the Preliminary Real Estate Purchase Agreement presented. Aye: 5 Nay: 0 Commissioner Fields moved, Commissioner Bakken seconded a motion to authorize staff to proceed with a Final Plat of Outlot A to in preparation for its sale to the developer. Aye: 5 Nay: 0 There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Tilley moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 5 Nay: 0 Date David M. Osberg, Executive Director BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Sale of Property to CAP Acquisitions, LLC FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan Economic Development Authority (the "EDA") at its meeting of September 15, 2014. The EDA received and considered public comment; input from City staff, the opinion of value from the FDA's Appraiser, Paul Gleason of BRKW Appraisals, Inc.; as well as the Sale and Purchase Agreement proposed by CAP Acquisitions, LLC (hereinafter "CAP") Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District"), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications to create a Special Area, the adoption of Cedar Grove District building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA approved the establishment of the Redevelopment District and the City Council approved the creation and establishment of a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove Redevelopment Area, all pursuant to the authority granted by Minnesota Statutes, Sections 469,090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"), 3. Pursuant to the Acts on or about October 2, 2001, the EDA approved the adoption of and the City Council approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the Redevelopment District, The TIF Plan was certified on July 22, 2003. 4. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has previously determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 5. Current Development within the Redevelopment District include an outlet mall, parking garage, an apartment project, multi -family housing and a proposed hotel. These projects have and will contribute to the EDA's goals for the Redevelopment Plan. 6. In furtherance of the EDA's objectives for other property within the Redevelopment District, a conceptual development proposal was presented by CAP to acquire Parcels of land located in the City of Eagan (the "City"), County of Dakota, State of Minnesota containing approximately 4.0 acres and legally described as: Outlot A, Paragon Addition (hereinafter the "Property") for the construction of approximately 161 market rate senior housing units with finishes that will meet or exceed the Cedar Grove zoning district standards (hereinafter the "Proposed huprovements"). 7. The Proposed Improvements are consistent with the Redevelopment Plan. 2 8. Under the proposed purchase agreement, which has been available for public inspection at the City of Eagan Municipal Center, CAP will acquire the Property for One Million Seven Hundred Twenty-five Thousand Dollars ($1,725,000.00) (the "Purchase Terms"). 9. To confirm that the Purchase Terms represent a fair market value transaction, the EDA has retained the services of appraiser Paul Gleason. Mr. Gleason has provided a Restricted Use Appraisal Report to the City Attorney and has offered an opinion that the Purchase Terms reflect a fair market value transaction between the EDA and CAP. CONCLUSIONS 1. The Purchase and Sale Agreement proposed by CAP for the construction of approximately 161 market rate senior housing units is consistent with the EDA's objectives to redevelop the Redevelopment District in accordance with the Redevelopment Plan. RESOLUTION The EDA does hereby approve the sale of the Property within the Redevelopment District to CAP Acquisitions, LLC for the construction of approximately 161 market rate senior housing units within the Redevelopment District. Dated at Eagan, Minnesota this 6th day of October 2015. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Mike Maguire President By: David M. Osberg Executive Director 3