06/20/2006 - City Council Regular (2)AGENDA "
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
June 20, 2006
6:30 P.M.
L ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess)
III. RECOGNITIONS & PRESENTATIONS
A. Recognition of Eagan Explorers Post for 20 years of Service
IV. CONSENT AGENDA
-9.8 A, APPROVE MINUTES
P, 11 B. PERSONNEL ITEMS
19 (a C. APPROVE CHECK REGISTERS
D. APPROVE resolution naming authorized bank account signers
P(� IS E. APPROVE Municipal Electronic Voting System Plan
1Q2F. ACCEPT -donation of $6,500 from the Crime Prevention Association for the purchase of a 1965 squad car
f.01X G. APPROVE Kennel License for Lesley Tscherne, 3812 Blackhawk Ridge Place
H. APPROVE 2006 - 2007 license renewals for massage therapist establishments
APPROVE 2006 - 2007 license for renewals for amusement devices
J. APPROVE application for the Eagan Foundation to conduct bingo on July 4
K. RECEIVE Feasibility Report and Schedule Public Hearing (July 18, 2006) for Project 929 (Red Pine Lane /Gun
Club Road — Street Improvements)
P.Z1 L. RELEASE Development Contract, Cedar Bluffs Business Center
n.�M. RECEIVE Bids and Award Contract 06-07 (Sewer Lining)
.t�v SCHEDULE Public Hearing (July 18, 2006) for Project 858 (Sibley Terminal Industrial Park — Storm Sewer
Improvement)
�3 O. APPROVE Findings of Fact establishing a Redevelopment Plan for Southeast Eagan Redevelopment Project Area
No. 1 and establishing Southeast Eagan Tax Increment Financing District No. .1 therein and adopting a Tax
Increment Financing Plan and District and authorize a request for certification of the district by Dakota County
P� S�P. APPROVE Final Subdivision — Yankee Square — A final subdivision of 4.99 acres to create. 3 lots located on Lot 1,
Block 2, Bicentennial Seventh Addition, and Lot 1, Block 1, Bicentennial Sixth Addition in the NE'/a of Section 16
,aoQ. APPROVE Premise Permit renewal for Metro Baseball League to conduct pull -tab operations at Joe Sensers Sports
Grill and Bar, 3010 Eagandale Place
P9IR. AWARD contract to Harris Contracting Company for the purpose of installing energy conservation measures at the
Eagan Civic Arena and authorize the Mayor to sign the appropriate documents
'P. 0S. RECEIVE petition and schedule public hearing (July 18, 2006) to consider vacation of public right-of-way (Gun
Club Road)
P• VT. APPROVE final payment and authorize City maintenance of Contract 04-05 (Well No. 20 pumping equipment).
P.61 U. ACCEPT a donation from the Eagan Lioness for a bench to be placed within Central Park
P. ( &V. APPROVE the hiring of Community Technology Advisors to assist with updating the Comprehensive Plan and City
Code
p.7), W. APPROVE request for extension of time to record final plat for Oakview Center 2nd Addition
p. X. AWARD bid for a diesel exhaust removal system for the five fire stations
P r Y. APPROVE Extension for Recording the Final Plat of Kennerick Third Addition— Gail McMahon
V. PUBLIC HEARINGS
VI. OLD BUSINESS
P• jo'
7/_ A. COMPREHENSIVE GUIDE PLAN AMENDMENT — Paster Enterprises, LLC. A Comprehensive Guide Plan
1' Amendment of approximately 24 acres from Special Area — Office/Service to Special Area — Commercial Retail
located in the SE '/< of Section 9.
VII. NEW BUSINESS
P. 80 A. CONDITIONAL USE PERMIT — Shawnee Associates — A Conditional Use Permit to allow outside storage of
material in transit located at 1904 Shawnee Road on Lot 4, Block 2, Cedar Industrial Park in the SW V4 of Section
17.
B. PRELIMINARY SUBDIVISION — The Heritage of Highview — Gloria Fritz — A Preliminary Subdivision of 1.7
acres to create 4 single family lots located at 1420 Highview Avenue on Lot 2 and 3, Block 1, Highview Park
Addition in the SW '/4 of Section 4.
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY
There are no regular business items to come before the EDA at this time. The EDA will be asked to hold an executive
sessionto discuss negotiations for the possible acquisitions of the Cedar Grove Shell Station. The EDA will adjourn
its meeting at the close of the executive session
A.
CALL TO ORDER
B.
ADOPT AGENDA
C.
APPROVE MINUTES
D.
OLD BUSINESS
E.
NEW BUSINESS
F.
OTHER BUSINESS
X. ADMINISTRATIVE AGENDA
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96
hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
CityEatanof
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
ma
DATE: JUNE 16, 2006
SUBJECT: AGENDA INFORMATION FOR JUNE 20, 2006 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the June 20, 2006 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
June 13, 2006, Eagan City Council Meeting
III. Recognitions and Presentations
ACTION TO BE CONSIDERED:
Recognize the Eagan Police Explorers for 20 Years of Service to the Community
FACTS:
• The Eagan Explorer Post was established in 1986
• The Explorer Post is comprised of young adults (ages 14-21) who volunteer their
time to the community
• Currently, there are 15 members in the Eagan Post
• Members of the Explorer Post donated approximately 5000 hours of time to the
community in 2005.
• The police department supports this group by dedicating one sergeant, along with
three police officers who act as advisors.
• At a recent conference in Breezy Point, MN, the Eagan Explorer Post competed
against other Posts and won a number of trophies.
No Attachments
Agenda Information Memo
June 6, 2006 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 the June 6, 2006 regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes of the June 6, 2006 regular City Council meeting are enclosed on pages
through �.
3
mok
VRAMINUTES OF A REGULAR MEETING OF THE F T
EAGAN CITY COUNCIL
Eagan, Minnesota
June 6, 2006
A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present
were Mayor Geagan, Councihnembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to
be heard.
A regular meeting of the Eagan City Council was held on May 16, 2006 at 6:30 p.m. at. the Eagan Municipal Center.
Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City
Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom
Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as presented.
Aye:5 Nay:0
RECOGNITIONS AND PRESENTATIONS
CONSENT AGENDA
Councilmember Maguire pulled items D, E, and I for discussion.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the balance of the consent .
agenda. Aye: 5 Nay:0
A. Minutes. It was recommended to approve the minutes of the May 9, 2006 special City Council meeting and
the May 16, 2006 regular City Council meeting as presented.
B. Personnel Items.
1. It was recommended to appoint Deputy Chief McDonald as Acting Chief of Police effective May
27, 2006.
2. It was recommended to approve the hiring of Natalie Jones and Emily Thorkildson as part-time
seasonal recreation leaders.
3. It was recommended to approve the hiring of Michelle Finlon, Kelley Hammond, Elizabeth
Anderson, Andrew Johnson and Laura Farlee as part-time seasonal recreation assistants.
4. It was recommended to approve the hiring of Judith Forde, Jackie Carlson, Joan Rodgers, Pamela
Clarke -Garcia and Barb Mason as part-time seasonal preschool teachers.
5. It was recommended to approve the hiring of Sandy Kukulski as a part-time seasonal preschool
assistant.
6. It was recommended to approve the hiring of Amber Geske as a part-time seasonal puppet wagon
site coordinator.
7. It was recommended to approve the hiring of Jeffrey Brooker, Elise Chell, Gordon Dentinger, Tim
Dornseif, Patrick Flannigan, Stephen Foertsch, Jesse Guillette, Christopher Hoffman, Brian
Hopkins, Micharl Hopkins, Tori Johnson, Cassy Lenz, Jake Loesch, Peter McIlhon, Nicolas
Mestad, Brina Meyers, Steve Nelson, Tricia Nutters, Brian Polkowski, Bryon Seppamaki, Daniel
Streefland, Matthew Steele, Aaron Vermer, Tyler VonDelinde, David Jungers, Marcia Weitzel,
Jacob Loesch, Robert Rausch, Andrew Koppang, Megan Grouws, Luke Selby, Richard Lemay,
Adam Nelson, Frank Kocer, Joseph Carchedi, Kevin Stevenson, Ryan Newmann, Kevin Weber,
Jacob Krinhop, Geoff Cleveland, David Streefland and Lindsey Carlson as seasonal parks
maintenance workers.
8. It was recommended to approve the hiring of Michael Graves, David Tripp, Alec Graham, William
Boyd and Matt Smith as seasonal utilities maintenance workers.
9. It was recommended to approve the hiring of Catherine Ayers, Brandon Hughson and Tyler Olson
as seasonal GIS interns in Utilities.
10. It was recommended to approve revisions to the Leave of Absence Policy as presented.
11. It was recommended to approve the RFP for Health Insurance Coverage for 2007 as presented.
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'Eagan City Council Meeting Minutes
June 6, 2006
Page 2
C. Check Registers. It was recommended to ratify the check registers dated May 18, 2006, May 25, 2006 and
June 1, 2006 as presented.
D. Pulled for discussion. Parade Permit.
E. Pulled for discussion. Shows License.
F. Amusement Device License. It was recommended to approve an Amusement Device License for Namco
Cybertainment, Inc.
G. Classification of Tax Forfeited Property. It was recommended to declare the following parcels as non -
conservation land:
1. 10-22750-010-00 (Eden Addition Outlot A)
2. 10-22451-241-01 (Eagan metro Center 2nd Addition Shannon Glen Condo No. 1, Garage #68)
H. Off -Sale Liquor License for Black Diamond Liquor, LLC, dba Black Diamond Liquor, 525 Diffley Road,
Suite.1030.
I. Pulled for Discussion Temgorary 3.2 Percent Malt Liquor License.
J. Temporary On -Sale Liquor License. It was recommended to approve a Temporary On -Sale Liquor License
for Faithful Shepherd Catholic School and Waive $150 Fee.
K. Precinct 5 PollingPlace. It was recommended to approve a resolution establishing Mount Calvary Lutheran
Church, 3930 Rahn Road, as the new polling place for Precinct 5.
L. Airport Noise Study. It was recommended to approve the hiring of Orfield Laboratories, Inc. to conduct the
second phase of the airport noise study.
M. 5 Year Capital Improvement Plan (2007-2011). It was recommended to approve the 5 -year Capital
Improvement Plan for 2007-2011 and authorize the initiation of the public improvement process for the
2007 -programmed improvements.
N. Project 934. It was recommended to approve an agreement. with. Dakota County for Engineering and
Construction for Project 934 (Galaxie AvenueBlackhawk Road at Cliff Road — Intersection
Reconfiguration) and authorize the Mayor and Deputy City Clerk to execute all related documents.
O. Project 768. It was recommended to authorize the preparation of detailed plans and specifications for
Project 768 (Northwood parkway, Ring -Road Extension — Bridge and Street Improvements) and the
associated contract with SRF Consulting Group, Inc.
P. Negotiations for Property_ Acquisition. It was recommended to authorize negotiations by City staff for
acquisition of property located within Yankee Plaza Addition as identified in Eagan Right of Way Map No.
669-2 (Official Map of Duckwood Drive — Ring Road Concept).
Q. Contract 06-02. It was recommended to approve Change Order No. 2 to Contract 06-02 (Citywide — Street
and Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents.
R. Airport Relations Commission. It was recommended to appoint ARC alternate Steve Beseke to a one-year
. term on the ARC to fill the vacancy that resulted from the resignation of ARC member Dan Flanagan.
S. Easement Vacation. It was recommended to receive the petition to vacate a portion of public right-of-way
(Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition and schedule a public hearing to
be held on July 5, 2006.
T. Rosemount Comprehensive Guide. It was recommended to approve comments to the City of Rosemount
regarding the Comprehensive Guide Plan Amendment for properties located on Highway 3.
U. Special City Council meetings for July 11 and August 8 cancelled and replaced with special meetings on
August 22 and 29. The regular council meeting -for September 19 was changed to September 26.
D. Parade Permit. Maguire questioned the difference in charges for parade entries. It was noted that State
Statute regulates fees for political entries. Council requested that the Lions Club review their policies for
future years.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve items D, E, and I.
E. Shows License. Approved a Shows License for the Eagan Lions / July 4d` Funfest to hold a carnival, street
dance, food vendors and fireworks event on July 34, 2006.
I. Tem, gM Liquor License. Approved the temporary 3.2 percent malt liquor license for the Eagan Lions
Club for the Fourth of July celebration (July 3-4, 2006) and waive the $25 license fee.
LZI
Eagan City Council Meeting Minutes DRAFT
,
June 6, 2006
Page 3
2005 COMPREHENSIVE ANNUAL FINANCIAL REPORT
City Administrator Hedges introduced Matt Mayer of Kern, DeWenter, Viere, Ltd. who made a presentation
regarding the 2005 Comprehensive Annual Financial Report.
Councilmember Maguire moved, Councilmember Carlson seconded a motion to receive and accept the 2005
Comprehensive Annual Financial Report. Aye: 5 Nay: 0
PUBLIC HEARINGS
SOUTHEAST EAGAN REDEVELOPMENT PLAN, TAX INCREMENT FINANCING DISTRICT AND
TAX INCREMENT FINANCING PLAN
City Administrator Hedges introduced this item regarding a redevelopment plan for Southeast Eagan Redevelopment
Project Area No. 1. Community Development Director Hohenstein gave a staff report. Sid Inman, Elhers and
Associates, provided an overview of the proposed Tax Increment Financing District.
Mayor Geagan opened the public hearing.
Betty Fedde, 1662 Norwood Drive, suggested that Council consider if the City can really afford the investment of the
proposed TIF district.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the
Council.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to close the public hearing and direct
findings of fact to approve a Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment
Project Area No. 1, a Resolution Establishing Southeast Eagan Tax Increment Financing District No. 1. therein and a
Resolution Adopting a Tax Increment Financing Plan for the District. Aye: 5 Nay: 0
VARIANCE TO EXCEED LOT COVERAGE AT 4387 BENT TREE LAND
TODD AND SUSAN JOHNSON
City Administrator Hedges introduced this item regarding a request for a Variance to exceed 20 percent lot coverage
by 1.26 percent for an addition to the principal structure at 4387 Bent Tree Lane. Community Development
Director Hohenstein gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council. Aye: 5 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance from the 20
percent maximum building coverage standard in Residential zoning districts for construction of a 342 square foot
addition located at 4387 Bent Tree Lane (Lot 3, Block 1, Autumn Ridge 2nd Addition) in NE'/4 of Section 25;
subject to the following conditions: Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such extension
shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith
attempt to complete or utilize the use permitted in the variance.
2. The finish materials and color of the addition shall match the existing principle structure.
3. The addition shall be located as indicated on the site plan dated May 15, 2006.
4. Lot coverage shall not exceed 21.26 percent.
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Eagan City Council Meeting Minutes
June 6, 2006 DRAFT
Page 4.
VARIANCE
City Administrator Hedges introduced this item regarding a request for a 2.5% variance to the maximum 20% lot
coverage requirement for Lot 11, Block 2, Stoney Point 21d Addition at 1566 Lakeview Curve for the purpose of
reconstructing an addition to the home. Community Development Director Hohenstein gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember moved, Councilmember seconded a motion to approve a 2.5% Variance to the maximum 20% lot
coverage requirement for Lot 11, Block 2, Stoney Point 2nd Addition at 1566 Lakeview Curve for the purpose of
reconstructing an addition to the home; subject to the following conditions: Ayer 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such extension
shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith
attempt to complete or utilize the use permitted in the variance.
2. The addition shall not exceed the size shown on the proposed site plan.
3. The exterior materials of the proposed addition shall match the existing structure.
PROJECT 778, TH 149 — STREET UPGRADE
City Administrator Hedges introduced this item regarding the Environmental Assessment / Environmental
Assessment Worksheet on the street upgrade for Trunk Highway 149. Public Works Director Colbert gave a staff
report. Kevin Oglund, SEH, made a presentation highlighting the key staging and scheduling points.
Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the
Council.
Councilmembers discussed the proposed upgrade.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to receive comments and close the
public hearing on the Environmental Assessment/Environmental Assessment Worksheet for Project 778 (Trunk
Highway 149 — Street Upgrade). Aye: 5 Nay: 0
PROJECT 938, NICOLS ROAD — SIDEWALK IMPROVEMENTS
(PIN OAK DRIVE TO CLIFF ROAD)
City Administrator Hedges introduced this item regarding sidewalk improvements for Project 938, Pin Oak Drive to
Cliff Road. Traffic Engineer Tim Plath gave a staff report.
Mayor Geagan opened the public hearing.
Rick Casper, Casper's Sirloin Room, discussed pedestrian safety issues in regard to the sidewalk being constructed
on the west side of Nichols Road.
Phil Stallberger, a signer of the original petition, stated he felt a sidewalk is definitely needed in the area.
There being no further public comment, Mayor Geagan closed the hearing and turned discussion back to the Council.
Council consensus was to continue consideration of the sidewalk improvements to allow staff time to include an
option for sidewalks on the east side of Nichols Road.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of Project
938, (Nicols Road, Pin Oak Drive to Cliff Road Sidewalk Improvements) to July 18, 2006.
Aye: 5 Nay: 0
Eagan City Council Meeting Minutes r%
June 6, 2006 U J? ^ ,�+
Page 5 �`� r
OLD BUSINESS
COMPREHENSIVE LAND USE PLAN AMENDMENT — CITY OF EAGAN
City Administrator Hedges introduced this item regarding an amendment to the Comprehensive Guide Plan for
approximately 1.3 acres located on Outlot A, Kennealy Addition, from LD — Low Density to HD — High Density
Residential which was continued from the May 2, 2006 meeting. Community Development Director Hohenstein
gave a staff report.
After discussion of various options for the property, it was the consensus of the Council to leave the property zoned
as Low Density Residential.
No action was taken.
REPORT REGARDING THE RESOLUTION OF THE BLACKHAWK ROAD -RAPTOR
ROAD TRAIL EASEMENT
City Administrator Hedges introduced this item regarding the trail easement dispute between the Jacob Ingalls,
owner of a single-family lot adjacent to the Greyhawk subdivision and the Greyhawk Townhome Association which
was previously discussed at the April 18, 2006 Council meeting. Community Development Director Hohenstein
stated that the City Attorney had asked for an update from the parties but no updates have been recieved.
Nichole Whipple, President of.Homeowners Association stated there has been no progress in resolving the dispute.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to proceed with the acquisition of a trail
easement at the current trail location through eminent domain. Aye: 5 Nay: 0
WINTER TRAIL MAINTENANCE PROGRAM (2006-2007)
City Administrator Hedges introduced this item regarding proposed amendments to the 2006-2007 winter tail
maintenance program. Public Works Director Colbert discussed the proposed amendments.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the requested amendments to
the Winter Trail Maintenance Program for 2006-2007 except for the portion on the north side of Yankee Doodle Rd
from Lexington Avenue to Elrene Road. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT — MOE'S SOUTHWEST GRILL
City Administrator Hedges introduced this item regarding a conditional use permit to allow -on -sale beer and wine in
conjunction with a restaurant at 1282 Town Centre Drive. Community Development Director Hohenstein gave a
staff report.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
allow on -sale beer and wine in conjunction with a restaurant at 1282 Town Centre Drive (Town Centre Shopping
Center), legally described as Lot 2, Block 1, Town Centre 70 2"d Addition, in the NW '/a of Section 15, subject to the
following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days
of approval.
2. On -sale beer and wine sales shall comply and be operated in accordance with all relevant state laws and
regulations.
Eagan City Council Meeting Minutes ��
June 6, 2006 , c
Page 6 I
ON -SALE WINE, SUNDAY WINE AND 3.2 PERCENT MALT LIQUOR LICENSE FOR
BA-OCK, INC., dba MOE'S SOUTHWEST GRILL, 1281 TOWN CENTRE DRIVE
City Administrator Hedges introduced this item regarding a request for a On -Sale Wine, Sunday Wine and 3.2
percent malt liquor license for Moe's Southwest Grill located at 1281 Town Centre Drive. Community
Development Director Hohenstein gave a staff report.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the On -Sale Wine, Sunday
Wine and 3.2 percent malt liquor license for BA-OCK, Inc., dba Moe's Southwest Grill, 1281 Town Centre Drive.
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT — JOE KOHAUT (VIVA ITALIA)
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an outside
dining patio in conjunction with a Class I restaurant (Viva Italia) at 1629 Lena Court. Community Development
Director Hohenstein gave a staff report.
Craig Kelsner, adjacent property owner, expressed concern over increased noise if tables are allowed outside the
building. He requested that if the outdoor tables are allowed that no audio be allowed and access be limited to the
side door only and not the back door to help eliminate noise from restaurant staff.
The manager of Viva Italia discussed the proposed outside dining patio and parking issues. He indicated that there
would be no audio system outdoors and access to the restaurant would be limited to the side door only.
Councilmember Carlson moved, Councilmember seconded a motion to approve a Planned Development Amendment
to allow an outside dining patio in conjunction with a Class I restaurant at 1629 Lena Court, legally described as Lot
1, Block 1, Centennial Ridge 2nd Addition, in the NW` 1/4 of Section 28, subject to the following conditions: Aye: 4
Nay: 1 (Geagan opposed)
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder's office.
2. Additional parking will be required to be installed if overflow parking goes to public streets, pervious
surfaces or other private property. At that time, additional stalls shall be identified from among the
.proof of parking stalls as identified on the 9/28/04 site plan. To maximize the effectiveness for cross
easements for parking, no signs designating parking for particular businesses within the development
will be permitted.
3. The operation of the restaurant and outside dining shall comply and be operated in accordance with all
relevant state laws and regulations regarding on -sale liquor.
4. The outdoor dining area shall be enclosed with a wrought iron fence and gate, accessible from inside
the building. The fence and gate shall be similar to the existing fence on the south side of the building.
5. Patio lighting shall be provided by light caps on the fencing and table -top lights. Details about the light
caps and table -top lights shall be provided for incorporation into the PD Amendment Agreement.
6. The awning shall be of a color to blend in with the brick exterior of the building. No signage shall be
allowed on the awning.
7. Only seven tables allowed and Outdoor tables are not permitted south of the service door.
8. No audio or music will be allowed outside the building.
CONDITIONAL USE PERMIT — SHAW INDUSTRIES
This item was continued to the June 20, 2006 Council meeting with the adoption of the agenda.
PRELIMINARY SUBDIVISION (EAGANDALE CENTER INDUSTRIAL PARK NO. 19)
LARSON PROPERTIES
City Administrator Hedges introduced this item regarding a preliminary subdivision to create two lots upon 3.79
acres located at 3000 Denmark Avenue. Community Development Director Hohenstein gave a staff report.
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Eagan City Council Meeting Minutes
June 6, 2006
Page 7
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to
create two lots upon 3.79 acres. located at 3000 Denmark Avenue, legally described as Lot 1, Block 2, Eagandale
Center Industrial Park No. 9, in the NE 1/4 of Section 10, subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February 2, 1993: A1, B1, and B3, C4, Dl, and El. The property shall be platted.
2. A final Planned Development approval and Agreement will be required prior to development of Lot 1.
3. Should the existing landscaping along Lone Oak Road be removed in the future, the hotel shall install
some other landscape materials for screening purposes within the remaining 5' setback area between
the parking lot and pubic right-of-way.
4. The pylon sign shall be relocated so that the pylon sign is located on Lot 2 and satisfies the minimum
10 -foot setback prior to final subdivision approval.
5. An easement and shared sign agreement that is acceptable to the City Attorney, shall be executed prior
to final subdivision approval to ensure the opportunity for both buildings to utilize the pylon sign once
Lot 1 develops.
6. A pedestrian trail connection from the development to the sidewalk on Lone Oak Road shall be
provided.
7. The developer shall provide evidence of private ingress/egress easement, in a form acceptable to the
City Attorney, between Lots 1 and 2 providing for this shared access to Denmark Avenue prior to final
subdivision approval.
8. This development shall dedicate public right-of-way along Lone Oak Road and Lexington Avenue, as
required by Dakota County.
9. This development shall dedicate restricted access to Dakota County along the entire north and west
edges of the plat adjacent to Lone Oak Road and Lexington Avenue.
ADMINISTRATIVE AGENDA
City Administrator Hedges noted that an Executive Session would be necessary to discuss litigation regarding Kevin
Mellon vs. City of Eagan; Diffley Market Place vs City of Eagan; Carriage Hills Update; and a matter concerning
EDA for the acquisition of the Lyn Nelson property.
Public Works Director Colbert stated Dakota County will host an Open House on Tuesday, June 20, 2006 from 3:30
pm to 6:30 pm in the Atrium of.the County's Western Service Center in Apple Valley to provide citizens an
opportunity to learn more about current traffic conditions along the Cedar Ave. corridor and about the Bus Rapid
Transit (BRT) system and highway improvements being considered.
Councilmember Maguire suggested that staff work with the 4s` of July Committee on policy changes for parade fees
for next year.
Councilmember Maguire provided an update from the Public Works Committee — Window Signage Task Force
Committee, stating that recommendations will be forwarded to the Advisory Planning Commission and a Council
workshop.
VISITORS TO BE HEARD
Barb and Ron Miller provided Council with a list of possible ordinance violations by Richfield Blacktop located at
3206 Sibley Memorial Highway, adjacent to their property. They discussed their concerns regarding noise and
fumes from the property. They requested that the Conditional Use Permit for the property be reviewed. Council
directed staff to investigate the possible ordinance violations.
Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the regular City Council
meeting at 10:25 p.m. Aye: 5 Nay: 0
Date
It)
Administrative Secretary / Deputy City Clerk
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Utilities Maintenance Worker --
ACTION TO BE CONSIDERED:
To approve the hiring of Adam Bourassa as a Utilities Maintenance Worker.
Item 2. Part-time Clerical Tech III/Police—
ACTION TO BE CONSIDERED:
To approve the hiring of Brea Bruggeman as a part-time Clerical Tech III in Police.
Item 3. 9-1-1 Dispatcher --
ACTION TO BE CONSIDERED:
To acknowledge the internal transfer of Anna Volk from Community Service Officer to 9-1-1
Dispatcher.
Item 4. Recreation Facility Manager—
ACTION TO BE CONSIDERED:
To acknowledge the promotion of Sonja Rippe from Recreation Program Supervisor to Recreation
Facility Manager.
Item 5. Recreation Program Manager—
ACTION TO BE CONSIDERED:
To acknowledge the promotion of Paula Nowariak from Recreation Program Supervisor to
Recreation Program Manager.
Item 6. Part-time Fitness Attendants/Community Center—
ACTION TO BE CONSIDERED:
To approve the hiring of Jamie Feckey, Dawn King and Jessica Tonn as part-time fitness
attendants at the Community Center.
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED: To ratify the check registers dated June 8, 2006 and June
15, 2006 as presented.
ATTACHMENTS:
Check registers dated June 8, 2006 and June 15, 2006 are enclosed without page number.
Agenda Memo
June 20, 2006 Eagan City Council Meeting
CONSENT AGENDA:
D. Approve resolution naming authorized bank account signers.
ACTION TO BE CONSIDERED:
To approve a resolution naming the authorized signers on the Anchor Bank accounts.
FACTS:
• In March 2006, pursuant to the City's banking services RFP process, Anchor Bank was
selected and designated as a depository for the City.
• The process of switching from US Bank has begun and staff expects to begin using the
Anchor Bank accounts for checks and deposits in mid-July.
• The attached resolution names the four signers authorized to sign checks and/or initiate wire
transactions to pre -approved destination accounts:
o Mayor Geagan
o Director of Administrative Services VanOverbeke
o Chief Financial Officer Pepper (Treasurer)
o Accountant II Fink
• No changes are being made to the list of authorized signers from the old bank to the new
bank.
ATTACHMENTS:
• The Corporate Authorization Resolution is attached on page .
i1-7,
Anchor Bank, West St Paul
1360 Duckwood Drive
Eagan, MN 55123'
ACCOUNT #:100021247
CORPORATE AUTHORIZATION RESOLUTION
N.A. By: City of Eagan
3830 Pilot Knob Rd
Eagan MN 55122-1810
Referred to in this document as "Financial Institution"
Referred to in this document as "Corporation"
certify that I am Secretary (clerk) of the above named corporation organized under the laws of
MINNESOTA , Federal Employer I.D. Number 41-0847612 , engaged in business under the trade name of
City of Eagan , and that the resolutions on this document are a correct copy of the resolutions
adopted at a meeting of the Board of Directors of the Corporation duly and properly called and held on (date).
These resolutions appear in the minutes of this meeting and have not been rescinded ;modified.
AGENTS Any agent listed below, subject to any written limitations, is authorized to ercise the powers granted as indicated below:
Name and Title or PositionJS�gnature. Facsimile Signature
_
1 \ (if used)
A. Thomas Pepper, -rM04� V' r(nn 11 r
B. Gene VanOverbeke , D'_e.c- ck M vA l n ucy Q i' eS X
C. Linda Fink, AC -b 1 t'�'�' X
D. Pat Geagan, Mg ti Or X
E.
F.
f7
X
X
X
X
X
X
X
POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power.
Following each power indicate the number of Agent signatures required to exercise the power.)
Indicate number of
Indicate A, B, C, Description of Power
signatures required
D, E, and/or F
(1) Exercise all of the powers listed in this resolution.
r'"' (2) Open any deposit or share account(s) in the name of the Corporation.
(3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit
with this Financial Institution.
(4) Borrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory notes
or other evidences of indebtedness.
(5) Endorse, assign, transfer, mortgage or pledge bilis receivable, warehouse 'receipts, bills of lading, stocks,
bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as
security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills
received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and
notice of non-payment.
(6) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe
Deposit Box in this Financial Institution.
(7) Other
LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution.
,a
prior to
EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated 0 5 / 3 0 / 0 6 If not completed, all resolutions remain in effect.
CERTIFICATION OF AUTHORITY
I further certify that the Board of Directors of the Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to
adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority to exercise the
some. (Apply seal below where appropriate.)
El If checked, the Corporation is a non-profit corporation. In Witness Whereof, ,1 have subscribed my name to this document and affixed the seal
of the Corporation on (date).
Attest by One Other Officer
Secretary
'
(page 1 of 21
0 1965, 1997 Bankers Systeme, Inc., St. Cloud, MN Form CA -1 1/13/88
Agenda Information Memo
June 20, 2006, Eagan City Council Meeting
E. ADOPT MUNICIPAL ELECTRONIC VOTING SYSTEM PLAN
ACTION TO BE CONSIDERED:
To adopt the City of Eagan's Municipal Electronic Voting System Plan authorizing the
use of the AutoMARK Voter Assist Terminal.
FACTS:
➢ The Help America Vote Act (HAVA) of 2002 requires that each state comply with
new federal requirements regarding election administration. One component of the
law mandates that all polling places be equipped with at least one disabled -
accessible voting system to give voters with disabilities the opportunity to vote with
independence and privacy. Each of the 21 precincts in Eagan will be equipped with
a new electronic voting system, known as the AutoMARK ballot marker beginning
with the September 12, 2006 Primary Election. This equipment will be used in
conjunction with the existing AccuVote Optical Scan equipment. Funding for the
new equipment was allocated by the federal government. Ongoing maintenance
costs have yet to be determined and the City will likely be responsible for some or
all of that cost.
➢ Minnesota Statute 206.58, Subd. 1 states that the governing body of a municipality,
at a regular meeting or at a special meeting called for the purpose, may provide for
the use of an electronic voting system in one or more precincts and at all elections in
the precincts, subject to approval by the County Auditor. The governing body shall
disseminate information to the public about the use of the new voting system at least
60 days prior to the election and shall provide for instruction of voters with a .
demonstration voting system in a public plan for the six weeks immediately prior to
the first election at which the new voting system will be used.
➢ M.S. 206.82, Subd. 2 states that a municipality shall prepare an electronic voting
system plan which indicates acquisition of sufficient facilities, computer time, and
professional services and which describes the proposed manner of compliance with
M.S. 206.80 (governing electronic voting systems.) This plan must be submitted to
the Secretary of State's Office by June 30, 2006.
➢ Outreach efforts will be undertaken to inform the public about the new equipment in
accordance with M.S. 206.58, Subd. 1. These measures will include the airing of a
video, prepared by the Secretary of State's Office regarding the use of the new
equipment, on the Burnsville/Eagan Community Television channel 14 during the
month of June, in addition to posting information on the City's web site. A
demonstration machine will also be placed at City Hall in sufficient time to comply
with state statutes prior to the Primary Election on September 12. Staff will continue
to look for other opportunities to inform the public about the new equipment
throughout the summer months.
ATTACHMENTS (2):
Electronic Voting System Plan enclosed on pages, through
Product Fact Sheet regarding the AutoMARK Voter Assist Terminal on page �.
City of Eagan
Voting System Pian
June 20, 2006
The Municipality of Eagan certifies that it will use electronic voting systems including both ballot
marking and tabulating machines certified for use in Minnesota and meeting the requirements of
Minnesota Statutes §206.80, as listed on the table attached as Appendix A.
The County of Dakota has acquired sufficient Automark ballot marking devices from Election
Systems and Software (ES&S) and will deploy 21 (# of precincts) devices to the Municipality of
Eagan. The following is the electronic voting system plan required by Minnesota Statutes
§206.82, subdivision 2.
Acquisition of Sufficient Facilities
A. All ballot marking devices have been delivered to the Dakota County Treasurer/Auditor
Office, located in the Dakota County Administration Center, 1590 Highway 55, Hastings,
MN 55033.
B. The equipment was delivered via surface carrier from the manufacturer.
C. Upon delivery all devices were moved to a secured storeroom.
D. The storeroom is restricted by key access.
E. Decision One, a subcontractor for ES&S, completed acceptance testing on May 25,
2006.
F. All ballot marking devices will be securely stored at Dakota County. In preparation for
each election, the ballot marking devices will be transported to the polling places by the
City of Eagan.
II. Computer Time
A. No third parties will be used for the programming of the Automark ballot -marking devices.
Dakota Public Services and Revenue staff and Treasurer -Auditor staff will do all
Automark related programming.
B. All system programming will be done *using Automark Information Management Software,
version 1.1.
Ill. Professional Services
A. Election System and Software, Inc. contracted with Decision One to perform preliminary
acceptance testing on all Automark devices delivered to Dakota County.
B. Dakota County Elections will contract with Election Systems & Software, Inc. to have a
technician present on all primary and general election days to provide hardware and
software support for the ballot marking devices.
IV. Testing
A. At least two weeks prior to each election, preliminary testing will be conducted to verify
the accuracy of programming and the operation of the ballot marking devices.
B. City staff, in conjunction with Dakota County staff, will create test decks for all precincts in
accordance with Minnesota Rules 8220.1150.
C. A portion of each test deck will be marked using the Automark ballot marking devices and
the remainder will be marked by hand.
/(P
D. The Automark devices will be tested for proper keypad, touch screen, audio, zoom, high
contrast, over vote warning, and under vote warning functionality. For the state primary,
the crossover warning will also be tested.
E. The Automark marked portion and the remainder of the test decks will be counted
through their respective Accuvote optical scan machine for each polling place.
F. A results tape will be printed and compared against the pre -audited results listed on each
test deck spreadsheet.
G. A public accuracy test will also -be held prior to each election in accordance with
Minnesota Statutes §206.83.
H. Diagnostic testing to ensure the operation of each ballot -marking device will be
conducted by Dakota County staff at least four months prior to the primary or general
election.
V. Compliance with Minnesota Statutes §206.80
A. City staff, in conjunction with Dakota County Elections staff, will conduct supplemental
acceptance testing of all Automark devices to ensure compliance with the provisions of
Minnesota Statutes §206.80. This supplemental testing will be done in addition to the
acceptance testing done by Decision One (listed above.)
B. The Automark ballot -marking device was certified for use in Minnesota by the secretary
of state on December 5, 2005.
C. The Automark ballot -marking device has been tested and certified to have met the
standards provided for voting systems by the Election Assistance Commission.
VI. Municipal Plan Table
The Municipal Plan Table attached as Appendix A details the electronic voting systems
including the assistive voting technology that will be used at each polling place.
VII. Acknowledgment of plan and amendments
A. I acknowledge that the information in this plan is true and accurate as of this date.
B. This plan may be amended from time to time to reflect changes in election laws,
administrative procedures, or voting equipment.
City Clerk
STATE OF MINNESOTA
COUNTY OF DAKOTA
Date
Subscribed and sworn to me this day of 2006.
(date)
Notary public or other officer empowered to
take and certify acknowledgements
(notary stamp)
P?
1-7
A
MunicY ahty Name
City of Eagan
Mumci `al Clerl Name:;
Maria Petersen
Munici al Clerk Address
3830 Pilot Knob Road, Eagan, MN 55122
.
en
6516
75-5034WI,imlfk
N umber tf 5chdolist�►cts m Mnnrc s
3
List Each Polluig Place m Maninipality including
Absentee Balloting Location
-
_.
List All Precincts in Each
PollingPlace
-_
` List Mate Assistive`
Voting Equipment
used in the . recinnt
P
,.
Liss Precinct
Cuntmg Method
_nod, prem pct
o icaI scanscentral
P_.� -:
count o heal scat►
List O�tiel Scan
_ Tabulator lV�o del t
linable
app }
Pilot Knob Elementary, 1436 Lone Oak Road
1
ES&S AutoMARKTS
optic al scan
Diebold AccuvoteOS 2000
Oak Hills Church,1570 Yankee Doodle Road
2
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Trinity Lone Oak Lutheran Church, 2950 Hwy. 55
3
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Cedar Elementary School, 2140 Diffley Road
4
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Mount Calvary Lutheran Church, 3930 Rahn Road
5
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Deerwood Elementary School, 1480 Deerwood Drive
6
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Eagan Fire Administration Bldg., 3795 Pilot Knob Rd.
7 -
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Eagan Municipal Center, 3830 Pilot Knob Road
8
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Woodland School, 945 Wescott Road
9
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
St. John Neumann Church, 4030 Pilot Knob Road
10
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Northview Elem@n School, 965 Diffley Road
11
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Living Word Lutheran Church, 4300 Nicols Road
12
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Rahn Elementary School, 4424 Sandstone Drive
13
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Christ Lutheran Church, 1930 Diffley Road
14
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Thomas Lake Elementary, 4350 Thomas Lake Rd.
15
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Easter Lutheran Church, 4200 Pilot Knob Road
16
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
St. Thomas Becket Church, 4455 South Robert Trail
17
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Fire Station No. 5, 4701 Galaxie Avenue
18
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Chapel Hill Baptist Church, 4888 Pilot Knob Road
19
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Red Pine Elementary School, 530 Red Pine Lane
20
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Pinewood Elementary School, 4300 Dodd Road
21
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Eagan Municipal Center, 3830 Pilot Knob Road
Absentee Polling Place
EMS AutoMARKTS
Tabulated at appropriate
precinct using Accuvote OS2000
)RODUCT OVERVIEW
ES Auto MARK"" Voter Assist Terminal
Election Systems & Software (ES&S) and AutoMARK Technical Systems, LLC (formerly Vogue Election Systems) have teamed up to offer
the ES&S AutoMARK The ES&S AutoMARK is a breakthrough ballot -marking technology that allows voters with disabilities and other
special needs to mark a ballot privately and independently when using an optical scan voting
system. The technology was developed based on input from election authorities and disability
organizations. The ES&S AutoMARK voter assist terminal does not tally or store votes; rather, it is
a ballot -marking system designed to provide privacy and
accessibility to voters who are blind, vision -impaired, or have a
The ES&S AutoMARK is disability or condition that would make it difficult or
currently being evaluated impossible to mark a ballot in the usual way. Even a
by independent laboratories
temporary condition, such as a broken arm, could make
and, pending certification,
it difficult for a person to mark a ballot. In addition, the
is expected to be available
technology provides language assistance to voters who
in the beginning of 2005.
are more comfortable speaking a different language or
who need help to better understand written
instructions
KEY FEATURES
The ES&S AutoMARK guarantees that an
optical scan balloting device will capture
voter intent. No more overvotes. No more
mismarked ballots. Unique software
applications ensure that no more than the
proper number of candidates can be chosen
for each race. A summary page verification
process allows voters to notice any skipped
races or undervotes and to change their
selections before printing.
An audio function, which allows blind voters
or those with severely impaired vision to
listen to the choices through headphones.
The ability to protect current systems allows
jurisdictions to use existing optical scanner
hardware/software solutions. Simply adding
an ES&S AutoMARK device to a polling
location ensures compliance with the federal
Help America Vote Act (HAVA) and eliminates
the need to reinvest in a new ballot style or
tabulation system. HAVA requires that all
polling locations be equipped with at least
one disability -accessible voting machine.
A sip/puff tube is used by voters who are not
able to use the touch screen or touch pad.
* AutoMARK is a trademark of AutoMARK Technical Systems, LLC
A zoom feature enable the voters to increase
the font size of each race listed on the
optical scan ballot. This may be especially
helpful for voters who are sighted but have
limited vision.
The ES&S AutoMARK offers multiple-
language capability to ensure that all
citizens in a diverse population exercise
their privilege to vote. Visual and audible
ballots in multiple languages can be stored
on a single machine.
The system supports write-in candidates.
Agenda Information Memo.
June 13, 2006, Eagan City Council Meeting
F. Acceptance of a 1965 replica Eagan Police squad car from the Eagan
Citizen's Crime Prevention Association
ACTION TO BE CONSIDERED:
Accept a 1965 replica Eagan Police Squad Car from the Eagan Citizens Crime Prevention
Association (value $6500).
FACTS:
• In preparation for the police department's 40th anniversary, Ken Southorn
procured and restored a 1965 Ford Station Wagon to similar specifications that
matched the first Eagan Police Squad Car.
• Ken Southom funded the restoration of this vehicle.
• The Eagan Citizen's Crime Prevention Association (E.C.C.P.A) procured funds in
an effort to purchase the vehicle for the City of Eagan.
• Recently, the E.C.C.P.A. purchased the vehicle from Ken Southorn and would
like to donate the vehicle to the City of Eagan.
• The vehicle would be "titled" as a police vehicle.
No attachments
Agenda Memo
June 20, 2006
Regular City Council meeting
CONSENT AGENDA:
G. Kennel License for Lesley Tscherne, 3812 Blackhawk Ridge Place
ACTION TO BE CONSIDERED:
Approve a kennel license for Lesley Tscherne at 3812 Blackhawk Ridge Place
FACTS:
• The applicant originally applied for a conditional use permit on April 4 to
allow a kennel in a residential neighborhood.
•
Council felt an interim use permit would be more appropriate for the
proposed kennel license and approved same on April 18 with the
following conditions:
1. The Interim Use Permit shall be recorded against the property at
Dakota County.
2. The premises are allowed no more than four (4) guest dogs at any
one time.
3. The applicant must maintain a current kennel license issued by the
. City.
4. No full-time boarding of animals for commercial purposes may
occur on this property.
S. The operations of the kennel must comply with the standards in
Chapter 10 of the City Code regarding the keeping of animals.
6. The Interim Use Permit shall expire on April 18, 2011.
• The Animal Control Officer has inspected the premises and confirms that
the licensing requirements have been met.
ATTACHMENTS
• None (The application and licensing checklist completed by the Animal Control
Officer is available in Administration for review.
Oil
Agenda Memo
June 20, 2006
Regular City Council Meeting
CONSENT AGENDA:
H. 2006-2007 License Renewals for Massage Therapy Establishments
ACTION TO BE CONSIDERED:
Approve license renewals for Massage Therapy Establishments for 2006-2007
FACTS:
• Massage therapy establishment licenses run from July 1 to June 30'' each year
• The following massage therapy establishments aredue for license renewal:
1. Keep in Touch of Eagan, 3424 Denmark Avenue
2. Lifetime Fitness, 1565 Thomas Center Drive
3. Divine Touch Massage Center, 2130 Cliff Road #130
4. Cole's Salon, 3450 Pilot Knob Road
5. Cole's Salon, 2131 Cliff Road
6. Cloud Nine Salon & Spa, 1284 Town Center Drive, Ste. 114
7. Body Wellness Massage Center, 3410 Federal Drive Ste. 102
8. Solimar Wellness Spa LLC, 1121 Town Center Dr. Ste. 105
9. Neuromuscular Connection, 4580 Scott Trail
10. Cross Train Personal Training / MN Max, Inc. 820 York Ave.
11. Twin Cities Therapeutic Massage, 4660 Slater Road
• Approval will be subject to all requirements of the application being met and
fees paid
ATTACHMENTS:
• None (Applications will be available for review in the Administration
Department)
Agenda Memo
June 20, 2006
Regular City Council Meeting
CONSENT AGENDA:
I. 2006-2007Amusement Device License Renewals
ACTION TO BE CONSIDERED:
Approve 2006-2007 amusement device license renewals
FACTS:
• Amusement device license run from July 1 through June 30 of each year
• Listed below are the licensees (and locations of the devices) that are to be
renewed:
1. Lawrence Brennan, Bonfire Grill, 1555 Cliff Road
2. Awe Vending, Piccolo's Pizza, 4162 Pilot Knob Road, Eagan
Community Center
3. Theisen Vending Company, Grand Slam Sports, 3984 Sibley Memorial
Highway
4. Lieberman Companies, Lafonda De Lobos Restaurant, 3665 Sibley
Memorial Highway; Joe Sensers Sports Bar, 3010 Eagandale Road
Old Chicago, 1312 Town Center Drive; Valley Lounge, 3385 Sibley
Memorial Highway, Cherokee Sirloin Room, 4625 Nicols Road
5. American Coin Merchandising, Walmart, 1356 Town Centre Drive;
Cub Foods, 1940 Cliff Road
• Approval is subject to all requirements of the application being met and fees paid.
ATTACHMENTS:
None. (The applications are available for review in the Administration Department)
Q3
Agenda Memo
June 20, 2006
Regular City Council Meeting
CONSENT AGENDA:
J. Application for the Eagan Foundation to conduct Bingo on July 4, 2006
ACTION TO BE CONSIDERED:
Approve application for excluded bingo for the Eagan Foundation to conduct
bingo games on July 4, 2006 at the Eagan Community Center
FACTS:
• The Eagan Foundation has applied with the Minnesota Gambling Board to
conduct excluded bingo on July 4h at the Eagan Community Center
• This event was held last year during the 4th of July festivities
• Staff has reviewed the application and sees no reason to deny
ATTACHMENTS:
None. (The application is available for review in the Administration Department)
au-
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
K. PROJECT 929, RED PINE LANE/ GUN CLUB ROAD
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 929
(Red Pine Lane/ Gun Club Road — Street Improvements) and schedule a public hearing to
be held on July 18, 2006.
FACTS:
• On March 27, 2006, City staff received a petition from Revestors, Inc., developers of
the proposed "Red Pine Crossing" development, requesting the preparation of a
feasibility report for street improvements on Red Pine Lane (Biscayne Avenue to
Highway 3) and Gun Club Road (Biscayne Avenue to approximately 300 feet west),
and sanitary sewer improvements within the development property.
• Red Pine Crossing is a preliminary subdivision,. rezoning, and planned development
application submitted by Revestors, .Inc. on approximately 10 acres in the southeast
corner of Red Pine Lane and Highway 3 in southeast Eagan. Red Pine Crossing
proposes commercial development consisting of general retail, grocery, and banking
uses.
• On April 4, 2006, the City Council preliminarily approved the rezoning, planned
development and subdivision of Red Pine Crossing.
• Conditions of approval for the developer included that the developer be responsible
for the following:
1. all roadway and signal mitigative improvements on Red Pine Lane and at
the. Red Pine Lane/ Highway 3 intersection necessary to serve the
development.
2. the extension of public sanitary sewer of sufficient size, depth, and
capacity through the development to serve properties south and east, in
accordance with the City Comprehensive Sewer Plan.
3. the upgrade of Gun Club Road from Biscayne Avenue to the Red Pine
Crossing development (approximately 300 feet).
• Also on April 4, the City Council received the petition from Revestors, in response to
the conditions of approval, and authorized the preparation of a feasibility report by the
City Engineer for Project 929 (Red Pine Lane/ Gun Club Road) for these
improvements.
• On June 13, 2006, Revestors, Inc. submitted a request that the Red Pine Lane and
sanitary sewer portions of the public improvement project be deleted. Revestors, Inc.
requests that these improvements be performed privately by the developer under
terms of a development contract and conditions of approval. The developer requests
that the Gun Club Road portion of the improvements remain as a public improvement
proj ect.
• A draft of this Feasibility Report, with only the Gun Club Road improvements, has
been prepared and is being presented to the Council for their consideration of
scheduling a public hearing for Tuesday, July 18, 2006.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
• Request Letter from Revestors, Inc., page a% .
25
7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433
MEMORANDUM:
PROJECT: Red Pine Crossing
COMM NO: 05018
DATE: June 14, 2006
TO: John Gorder, City of Eagan
SUBJECT: Petition for Public Improvement
On behalf of the developer, Revestors Group 4, I am formally withdrawing several items from the
petition for public improvement previously submitted. Based on the meeting with you, and the costs
involved, the developer has elected to install the following items privately
First, the developer agrees to privately construct the eastbound right turn lane along Red Pine Lane
going into the development. This work includes relocating the walk path, dedication of 14 feet of
right-of-way, and re -striping Red Pine Lane all as shown on the plan provided by the City and drawn
by SEH and dated 5/23/06.
The developer also agrees to privately install the sanitary sewer line through the Phase I portion of
the development at'the size and depth required for future city extension. This line will be as shown
on sheet C2 of the final planned development submittal. The sanitary sewer line will terminate at a
manhole near the east property line, as close to the property line as practical without undermining the
existing utility pole. Upon completion this main sanitary sewer line will become a public utility.
The developer requests that the paving of Gun Club Road remain under consideration as a public
improvement and assessed to the appropriate properties.
If you have any questions regarding this request, please contact me.
Respectfully Submitted,
Quinn S. Hutson, AIA
Principal
CNH Architects, Inc.
cc: File
Tim Anderson, Revestors
Bill Beckfeld, Cornerstone
P:\PROJECTS\2005\OSOI B\TEX=rrY REVIEW (SITS, CUP)\REVISION TO PETITION FOR PUBLIC DdMOVEMENf.DOC
216
Agenda Memo
June 20, 2006 Eagan City Council Meeting
L. RELEASE OF DEVELOPMENT CONTRACT
CEDAR BLUFFS BUSINESS CENTER
ACTION TO BE CONSIDERED: To approve release of Development Contract between the
City of Eagan and Opus Northwest, LLC for Lot 1, Block 1, Cedar Bluffs Business Center and
authorize Mayor and Clerk to execute a new Agreement between City and Opus Northwest, LLC
concerning the warranty of the public improvements installed under the development Agreement.
FACTS
• The City and Opus Northwest, LLC entered into a Development Agreement dated April
19, 2005 concerning the development of the Cedar Bluffs Business Center.
• The Developer recorded the Development Agreement with the Dakota County Registrar
of Titles.
• The Developer now desires to sell the property and the buyer is requesting that the
Development Agreement be released.
• The Development Agreement contains a clause that upon submittal of the required as -
built plans for any public improvements and satisfactory determination of the completion
of the improvements that the developer may request that. it be released from its
obligations under the Development Agreement. Provided, that the Developer must
provide a two-year bond warranting the improvements against poor design, engineering,
materials and faulty workmanship.
• City Staff has determined that the public improvements are acceptable and the City
accepted the improvements on March 21, 2006.
• The Developer has agreed to provide a warranty bond in the amount of $130,000.00 for a
two-year period for the two-year warranty.
ATTACHMENTS
• Release of Development Contract, pages 40 through3Z_.
• Bond Agreement, pages 3& through W-
----------------------------------------- for Recording Data ----------------------------------------
This instrument was prepared by
and after recording return to:
D. Albert Daspin
Daspin & Aument LLP
227 West Monroe Street, Suite 3500
Chicago, Illinois 60606
RELEASE OF DEVELOPMENT CONTRACT
THIS RELEASE OF DEVELOPMENT CONTRACT (this "Release") is made as of
, 2006, by and between the City of Eagan, a Minnesota municipal
corporation ("City"), and Opus Northwest; L.L.C., a Delaware limited liability company
("Developer").
RECITALS:
A. Pursuant to that certain Development Contract By and Between the City of Eagan
and Opus Northwest, L.L.C. for the Development of Cedar Bluffs Business Center dated as of
April 19, 2005, and recorded May 26, 2005, as Document No. 566307 with the Office of the
County Registrar of Titles of Dakota County, Minnesota, by and between the City and the
Developer (the "Development Contract"), the City and Developer entered into certain
agreements with respect to the development of certain real property located in the City of Eagan,
Dakota County, Minnesota and legally described on Exhibit A attached hereto and made a part
hereof ("Property"), upon and subject to the terms and provisions contained in the Development
Contract.
B. The Development Contract provides that upon submittal by Developer of the
required As -Built Plans for each Plan identified in Paragraph 3.1 of the Development Contract,
and upon satisfactory determination of completion of the Improvements pursuant to Paragraph
5.2 of the Development Contract and payment of all costs owed to the City, the Developer may
apply in writing for a release of its obligations under the Development Contract, other than
564003/00825/22880163/3 e)8
certain specified obligations imposed therein, and that the City Council may authorize the release
of Developer from the obligations under the Development Contract by appropriate resolution.
C. Developer has submitted the required As -Built Plans and City has confirmed and
determined that the Improvements have been completed in accordance with the terms of the
Development Contract. Accordingly, City is willing to release Developer and the Property from
the terms and conditions of the Development Contract, subject to the terms and conditions of this
Release.
D. Unless otherwise provided herein, capitalized words and terms used herein shall
have the same meanings ascribed to such words and terms as in the Development Contract.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the City and the Developer agree as follows:
1. Except as provided in Section 2 below, City does hereby release the Developer, its
successors and assigns, from its obligations and liabilities under or arising under the
Development Contract.
2. Notwithstanding the provisions of Section 1 above, the obligation to pay Special
Assessments set forth in Section 10.4 of the Development Contract shall constitute a covenant
running with the land.
3. Developer hereby represents and warrants to the City that Developer has the power and
authority to enter into and perform its obligations under this Agreement, and such performance
will not conflict with or result in a breach of any of the terms, conditions or provisions of any
agreement or instrument to which Developer is a party or by which it is bound, or constitute a
default under any of the foregoing, or violate any law, order, writ, injunction or decree of any
court, administrative agency or governmental body; this Agreement is valid, binding and
enforceable against Developer in accordance with its terms, subject to applicable bankruptcy,
moratorium, insolvency, creditors' rights and similar laws or statutes.
4. This Release shall be binding upon and inure to the benefit of the City and the Developer
and their respective successors and assigns.
5. This Release may be executed in any number of counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
6. This Release shall be governed by and construed in accordance with the laws of the State
of Minnesota.
[Signature Page Follows]
2
564003/00825/22880163/3
IN WITNESS WHEREOF, City and Developer have executed this Release as of the day
and year first above written.
CITY:
City of Eagan,
a Minnesota municipal corporation
By:
Its:
Mayor
Attest:
Its: City Clerk
564003/00825/22880163/3
DEVELOPER:
Opus Northwest, L.L.C.,
a Delaware limited liability company
By:
Its:
®rad J. 0sr', .!1d,, on
ViceP f4 aiid ue!;eial COUMMI
STATE OF MINNESOTA )
ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2006, by and , the Mayor
and City Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, on behalf
of said corporation.
(Seal)
STATE OF MINNESOTA
ss
COUNTY OF H kAt
Notary Public
The foregoing instrument was acknowledged before me this .6 � day of
3-unj_ , 2006,by�i �� ,� ►� , the .:.adAAk of Opus Northwest,
L.L.C, a Delaware limited liability company on behalf of said limited liability company.
(Seal)AM 11 A q
Notary Public
DENISE S. FARAGHER
NOTARY PUBUC•MINNEBOTA
Mr CainuubnE�pNn,ga �I,1o10
•mow' w
4
564003/00825/22880163/3
EXMBIT A
Legal Description of Property
Real property in the County of Dakota, State of Minnesota, described as follows:
Parcel 1: Lot One (1), Block One (1), Cedar Bluffs Business Center, according to the recorded
plat thereof, Dakota County, Minnesota.
(Torrens property, Certificate of Title No. 136299)
A-1
564003/00825/22880163/3
WN
AGREEMENT
THIS AGREEMENT (this "Agreement") is made as of the day of June, 2006, by
and between the City of Eagan, a Minnesota municipal' corporation ("City"), and Opus
Northwest, L.L.C., a Delaware limited liability company ("Opus").
RECITALS:
A. . By that certain Development Contract By and Between the City of Eagan and
Opus Northwest, L.L.C. for the Development of Cedar Bluffs Business Center dated as of April
19, 2005, and recorded May 26, 2005, as Document No. 566307 with the Office of the County
Registrar of Titles of Dakota County, Minnesota ("Development Contract"), by and between the
City and Developer, the City and Developer entered into certain agreements with respect to the
development of certain real property located in the City of Eagan, Dakota County, Minnesota
and legally described on Exhibit A attached hereto and made a part hereof ("Property").
B. The Development Contract provided that upon submittal of certain plans
identified in the Development Contract, and upon satisfactory determination of completion of the
improvements identified therein, Opus would be released from its obligations under the
Development Contract, other than certain obligations specified therein. Opus has submitted the
required plans to the City, and has completed the Improvements.
C. By that certain Release of Development Contract dated as of the date hereof
("Release"), City released the Development Contract, other than with respect to the payment of
Special Assessments.
D. Unless otherwise provided herein, capitalized words and terms used herein shall
have the same meanings ascribed to such words and terms as in the Development Contract.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the City and the Developer agree as follows:
1. . Notwithstanding the Release, City and Opus agree that unless a longer warranty period is
provided by Minnesota law, Opus warrants the Improvements against poor design, engineering,
materials and faulty workmanship for a period of two (2) years after acceptance thereof by the
City Council, which acceptance occurred on March 21, 2006 ("Date of Acceptance"). Opus
further agrees to provide a warranty bond(s), in an amount equal to One Hundred Thirty
Thousand and 00/100 Dollars ($130,000.00), for a two (2) year period commencing upon the
Date of Acceptance. Opus shall be solely responsible for the cost and expense to perform all
required repair work to City standards within thirty (30) days of written notification by City.
2. All of the covenants and agreements made by Opus hereunder are the personal covenants
and agreements of Opus, and the owner of the Property or any part thereof shall have no liability
or obligation with respect to payment or performance of any matter contemplated by Paragraph 1
above, and the City agrees to look solely to Opus for any such payment and performance, and
not to any other party.
564003/00825/22880182/3 305
3. Any notice or other communication in connection with this Agreement shall be in writing
and shall be sent by United States certified mail, return receipt requested, postage prepaid, by
nationally recognized overnight courier guarantee next day delivery, by telecopy, or by personal
delivery, properly addressed as follows:
If to Opus: Opus Northwest, L.L.C.
10350 Bren Road West
Minnetonka, Minnesota 55343
Attn: Vice President
Facsimile No.: (952) 656-4814
With a copy to: Opus, L.L.C.
10350 Bren Road West
Minnetonka, MN 55343
Attn: Legal Department
Facsimile No.: (952) 656-4529
And a copy to: Daspin & Aument, LLP
227 W. Monroe Street, Suite 3500
Chicago, Illinois 60606
Attn: D. Albert Daspin
Facsimile No.: (312) 258-1955
If to City: City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Attn: City Administrator
Facsimile No.:(651) 675-5012
With a copy to: Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 147' Street, Suite 600
Apple Valley, Minnesota 55124
Attn: Robert Bauer
Facsimile No.: (952) 432-3780
All notices shall be deemed given three (3) business days
following deposit in the United 'States mail with respect to certified or
registered letters, one (1) business day following deposit if delivered to an
overnight courier guaranteeing next day delivery, and on the same day .if
sent by personal delivery or telecopy (with proof of transmission).
Attorneys for each party shall be authorized to give notices for each such
party. Any party may change its address for the service of notice by
giving written notice of such change to the other party, in any manner
above specified.
4. This Agreement shall be binding upon and inure to the benefit of City and Opus and their
respective successors and assigns.
2
564003/00825/22880182/3 A
5. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
6. This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota.
[Signature Page Follows]
564003/00825/22880182/3 35
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the
day and year first above written.
CITY:
City of Eagan,
a Minnesota municipal corporation
By:
Its: Mayor
Attest:
Its: City Clerk
564003/00825/22880182/3
OPUS:
Opus Northwest, L.L.C.,
a Delaware limited liability company
"Wo Z�
By:
Its: :� . *
Bred J. Osmundson
Vwe President and General Counsel
STATE OF MINNESOTA )
ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2006, by and , the Mayor
and City Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, on behalf
of said corporation.
(Seal)
STATE OF MINNESOTA )
ss
COUNTY OF HtAiW6i) .
Notary Public
The foregoing instrument was acknowledged b fore this s� day of
2006, by , �✓�srnurrd , the �' me
L�,rof Opus Northwest,
L.L.C, a Delaware limited liability company on behalf of said limited liability company.
(Seal)MA A 11
Notary Public
•yyyyWyyvv• •
DENISE S. FARAQHER
NOTARY PUBLIC-ANNNESOTA
My Commmabn E* M JR 31.I DIC
I"DENISE S. FARAGHER
NOTARY PUBLIC •MINNESOTA
.Ny ;-k•SS'0 f er-*t )an 31 7711 y
mow... ..... .,... .
564003/00825/22880182/3
EXHIBIT A
Legal Description of Property
Real property in the County of Dakota, State of Minnesota, described as follows:
Parcel 1: Lot One (1), Block One (1), Cedar Bluffs Business Center, according to the recorded
plat thereof, Dakota County, Minnesota.
(Torrens property, Certificate of Title No. 136299)
A-1
564003/00825/22880182/3 `�
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
M. CONTRACT 06-07,2005 CITY-WIDE SANITARY SEWER LINING
ACTION TO BE CONSIDERED: Receive the bids for Contract 06-07 (2006 City -
Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean & Seal, Inc., for
the Base Bid unit price up to $122,500 and authorize the Mayor and City Clerk to execute
all related documents.
FACTS:
• The rehabilitation of various existing sanitary sewer pipes throughout the City by the
installation of lining was programmed for 2006 in the City of Eagan's 5 -Year Capital
Improvement Program (2006-2010).
• The City Council authorized the sanitary sewer lining improvements of about 5,000
linear feet of existing pipe for various areas within the City with the approval of the
Sanitary Sewer Operations and Facilities portion of the 2006-2010 Capital
Improvement Program (CIP) and 2006 operating budget.
• All of the construction activity for said improvements has been designed to occur
within existing public right-of-way or easements.
• The plans and specifications have been completed and are being presented to the City
Council for their approval and authorization of the advertisement for bids.
• At 11:00 a.m. on June 8, formal bids were received for this project. A copy of the bid
tabulation is enclosed.
• All bids have been reviewed for compliance with the bid specifications and accuracy
on unit price extensions and summations. The low bid from Visu-Sewer Clean &
Seal, Inc., has been reviewed by the Engineering Division and found to be in order for
favorable Council action.
ATTACHMENTS:
• Bid Tabulation, page 40
• Location Map, page4 L
BID SUMMARY
SEWER LINE RENOVATION FOR
CURED IN PLACE PIPE
CITY CONTRACT NO. 06-07
Bid Date: Thursday, June 8, 2006
Bid Time: 11:00 a.m.
Low Bid $122,500.00
Budget Amount $125,000.00
Percent Under () Budget 2%
Bidder
5% Bid Bond
Price.per Foot
Total Base Bid
1.
Visu-Sewer Clean & Seal
Y
$24.50
$122,500
2.
Veit Companies
Y
$24:58
$122,900
3.
Insituform Technologies
Y
$27.95
$139,750
4.
Lametti & Sons, Inc.
Y
$32.50
$162,500
Low Bid $122,500.00
Budget Amount $125,000.00
Percent Under () Budget 2%
2006 SANITARY SEWER
LINING CIP
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Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
N PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK
STORM SEWER IMPROVEMENT
ACTION TO BE CONSIDERED: Schedule a Public Hearing for Project 858 (Sibley
Terminal Industrial Park — Storm Sewer Improvement) to be held on July 18, 2006.
FACTS:
• On September 17, 2001, the City Council authorized the preparation of a feasibility
report identifying the scope, cost, financing and schedule of storm sewer
improvements for the drainage area near Trunk Highway 13 and Terminal Drive in
northwest Eagan.
• On March 4, 2002, the Public Hearing for Project 858 was held. After the
presentation of the feasibility and discussion from the affected property owner, the
City Council continued consideration of Project 858 until April 16, 2002.
• On April 16, 2002, the City Council continued the consideration of the project
indefinitely directing staff to investigate cost participation opportunities with MnDOT
and easement acquisition costs with the impacted property owners for further
consideration by the Council.
• MnDOT has indicated that they will only remove their existing ditch block within the
TH 13 right-of-way. While a necessary component of Alternate No. 4 included in the
feasibility report, the monetary value of this contribution is insignificant to the cost of
the overall project. There is no willingness to participate to any larger degree on the
proposed improvements.
• A preliminary appraisal was obtained for the easement required as a part of Alternate
No. 4 (originally estimated to be the cheapest of the four options). The estimated cost
of the easement is $141,600. While the property owner has indicated he would
consent to such an offer, this alternative is no longer the cheapest one
• The drainage concerns expressed by the original petitioner remain and he is patiently
awaiting a Council decision for some type of improvement. It would be appropriate
for the City Council to schedule an updated public hearing to formally present and
discuss the merits of this project and the feasibility of remaining options.
�z
Agenda Memo
Eagan City Council Meeting
June 20, 2006
Consent
O. SOUTHEAST EAGAN REDEVELOPMENT PLAN. TAX
INCREMENT FINANCING DISTRICT AND TAX INCREMENT
FINANCING PLAN
ACTION TO BE CONSIDERED: To approve the Resolution Adopting a
Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1, a
Resolution Establishing Southeast Eagan Tax Increment Financing District No. 1 therein
and a Resolution Adopting a Tax Increment Financing Plan for the District and authorize
a request for certification of the district by Dakota County.
FACTS:
• At its meeting of June 6, 2006, the City Council held a .public hearing to consider
the creation of a tax increment financing renovation and renewal district in the
area bounded by TH 3, Red Pine Lane, Biscayne Avenue and. Gun Club Road,
referred to as the Southeast Eagan Redevelopment District.
• At that time, the City Council found the background concerning the district to be
in order and authorized the preparation of a resolution to adopt the redevelopment
plan, to establish the TIF district and to adopt the tax increment financing plan for
the area. That resolution is in order at this time.
• Staff is also requesting authorization to have Ehlers and Associates submit the
documentation for certification by Dakota County at an appropriate time prior to
the increase in the area's base value.
• Detailed background concerning the district and plans was included in the June 6
attachments. Copies of prior background materials are available upon request.
ATTACHMENTS:
• Resolution on pages � through '1 s
• Summary description of district on pages 119 through
• Location map on page
CITY OF EAGAN
DAKOTA COUNTY
STATE OF MINNESOTA
Council member introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING A REDEVELOPMENT PLAN' FOR SOUTHEAST
EAGAN REDEVELOPMENT PROJECT AREA NO. 1; AND ESTABLISHING
SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. I THEREIN
AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR
BE IT RESOLVED by the City Council (the "Council") of the City of Eagan, Minnesota (the "City"),
as follows:
Section 1. Recitals
1.01. It has been proposed by the Board of Commissioners (the "Board") of the Eagan Economic
Development Authority (the "EDA") and the City that the City establish Southeast Eagan Redevelopment
Project Area No. l and adopted the Redevelopment Plan therefor (the "Redevelopment Plan"). And establish
Southeast Eagan Tax Increment Financing District No. 1 (the "District") therein and adopt a Tax Increment
Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan and the TIF Plan are referred to collectively
herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes,
Sections 469.090 to 469.1082 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as
reflected in the Plans, and presented for the Council's consideration.
1.02. _ The EDA and City have investigated the facts relating to the Plans and have caused the Plans
to be prepared.
1.03. The EDA and City have performed all actions required by law to be performed prior to the
establishment of the District and the adoption and approval of the proposed Plans, including, but nover not limited
to,
notification of Dakota County and Independent School District No. 196 having taxing jurisdiction
he
property to be included in the District, a review of and written comment on the Plans by the City Planning
Commission, approval of the Plans by the EDA on May 16, 2006, and the holding of a public hearing upon
published notice as required by law.
1.04. Certain written reports including a Report of Inspection Procedures and Results for
Determining Qualifications of a Tax Increment Financing District as a Renewal and Renovation District. LBB,
Inc. March 31, 2006 and the City of Eagan Comprehensive Guide Plan Update of 2000 (the 'Reports") relating
to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants
and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports
include data, information and/or substantiation constituting or relating to the basis for the other findings and
determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which
are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full
herein.
Section 2. Findings for the Adoption and Approval of the Plans
2.01. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the
effect of such actions will be, to provide an impetus for development in the public interest and accomplish
certain objectives as specified in the Plans, which are hereby incorporated herein.
Section 3. Findings for the Establishment of Southeast Eagan Tax Increment Financing District No. 1
3.01. The Council hereby finds that the District is in the public interest and is a "renewal and
renovation district" under Minnesota Statutes, Section 469.174, Subd. 10a.
3.02. The Council further finds that the proposed redevelopment would not occur solely through
private investment within the reasonably foreseeable future and that the increased market value of the site that
could reasonably be expected to occur without the use of tax. increment financing would be less than the
increase in the market value estimated to result from the proposed development after subtracting the present
value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment
Financing Plan, that the Plans conform to the general plan for the development or redevelopment ofthe City as
a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a
whole, for the development or redevelopment of the District by private enterprise.
3.03. The Council further finds, declares and determines that the City made the above findings
stated in this Section and has set forth the reasons and supporting facts for each determination in writing,
attached hereto as Exhibit A.
3.04. The Eagan Economic Development Authority elects to calculate fiscal disparities for the
District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal
disparities contribution would be taken from inside the District.
Section 4. Public Purpose
4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help
fulfill a need to redevelop an area of the State of Minnesota which is underutilized and that the adoption of the
proposed Plans will preserve and enhance the tax base of the City and the State because it will facilitate the
redevelopment of areas with the substandard buildings and obsolete land use and promote commercial
development in the area. For the reasons described in Exhibit A, the City believes these benefits directly
derive from the tax increment assistance provided under the Plan. The developer will receive only the
assistance needed to make this development financially feasible. As such, any private benefits received by the
developer are incidental and do not outweigh the primary public benefits.
Section 5. Approval and Adoption of the Plans
5.01. The Plans, as presented to the Council on this date, including without limitation the findings
and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and
shall be placed on file in the office of the City Administrator.
5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to
proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its
consideration all further plans, resolutions, documents and contracts necessary for this purpose.
5.03 The Auditor of Dakota County is requested to certify the original net tax capacity of the
45
District, as described in the Plans, and to certify in each year thereafter the amount by which the original net
tax capacity has increased or decreased; and the Eagan Economic Development Authority is authorized and
directedto forthwith transmit this request to the County Auditor in such form and content as the Auditor may
specify, together with a list of all properties within the District, for which building permits have been issued
during the 18 months immediately preceding the adoption of this resolution.
5.04. The City Administrator is further authorized and eOeof the ..State Auditor pursuant directed t file
t
Commissioner of the Minnesota Department of Revenue and th
Minnesota Statutes 469.175, Subd. 4a.
The motion for the adoption of the foregoing resolution was duly seconded by Council member
, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: June 6, 2006
Mayor
(Seal)
ATTEST:
City Administrator
4(jo
EXHIBIT A
RESOLUTION NO.
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TEF Plan) for
Southeast Eagan Tax Increment Financing District No. 1 (District), as required pursuant to Minnesota Statutes,
Section 469.175, Subdivision 3 are as follows:
Finding that Southeast Eagan Tax Increment Financing District No. I is a renewal and renovation district
as defined in M.S., Section 469.174, Subd. 10a.
The District consists of 7 parcels, with plans to redevelop the area for commercial/retail purposes. An
inventory shows that more than 70% of the area of the District consists of occupied parcels. To be occupied,
at least 15% of the area of the parcel is covered by buildings, streets, utilities, paved or gravel parking lots, or
other similar structures. An inspection of the buildings located within the District finds that more than 20%
of the buildings are structurally substandard as defined in the TIF Act. An inspection of the buildings located
within the District finds that more than 30% of the other buildings require substantial renovation or clearance
to remove existing conditions such as defined in the TIF Act.
2. Finding that theproposed development, in.the opinion of the City Council, would not reasonably be expected
to occur solely through private investment within the reasonably foreseeable future and that the increased
market value of the site that could reasonably be expected to occur without the use of tax increment
financing would be less than the increase in the market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the maximum duration of
the District permitted by the TIF Plan.
The proposed development, in the opinion of the City, would not reasonably be expected to occur solely
through private investment within the reasonably foreseeable future: This finding is supported by the fact
that the redevelopment proposed in the TIF Plan meets the City's objectives for redevelopment. The
proposed development includes retail and commercial development, and complies with the proposed master
plan for the area. Due to the high cost of redevelopment on the parcels currently occupied by substandard
buildings, the limited amount of commercial/industrial property for expansion adjacent to the existing
project, the incompatible land uses at close proximity, and the cost of financing the proposed improvements,
this project is feasible only through assistance, in part, from tax increment financing. Redevelopment
expenses totaling at least $330,000 have been identified for Phase I. Additional redevelopment expenses may
be incurred in future phases, and the City will analyze the need for assistance at the time of the development.
These expenses include land acquisition, demolition, and site preparation.
The developer was asked for and provided a letter and a proforma as justification that the developer would
not have gone forward without tax increment assistance. (See attachment in Appendix G of the TIF Plan.)
The increased market value of the site that could reasonably be expected to occur with the use of tax
increment financing would be less than the increase in market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the maximum duration of
the District permitted by the TIF Plan: This finding is justified on the grounds that the cost of site and public
improvements and utilities add to the total redevelopment cost. The site currently contains properties and
buildings that qualify as blighted and substandard under the Tax Increment Law, as documented in the report
provided by LHB. Historically, site and public improvements costs in this area have made redevelopment
infeasible without tax increment assistance. A Master Plan for the area has been completed, and the City has
goals to redevelopment the area. Therefore, the City reasonably determines that no other redevelopment of
similar scope is anticipated on this site without substantially similar assistance being provided to the
4l
development.
A comparative analysis of estimated market values both with and without establishment of the District and
the use of tax increments has been performed as described above.. If all development which is proposed to be
assisted with tax increment were to occur in the District, the total increase in market value would be up to
$22,907,100. The present value of tax increments from the District is estimated to be $1,573,694. It is the
CounciPs finding that no development with a market value of greater than $21,333,406 would occur without
tax increment assistance in this district within 25 years. This finding is based upon evidence from general
past experience with the high cost of acquisition and public improvements in the general area of the District.
(See Cashflow in Appendix D of the TIF Plan.)
3. Finding that the TIF Plan for the District conforms to the general plan for the development or
redevelopment of the municipality as a whole.
The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general
development plan of the City.
istrict will afford maximum opportunity, consistent with the sound needs
¢. Finding that. the TIFPIan for the D .
of the City as a whole, for the development or redevelopment of Southeast Eagan Redevelopment Project
Area No. I by private enterprise.
The project to be assisted by the District will preserve and enhance the tax base of the City and the State.
LIP6
Ehlers & Associates, Inc.
Tax Increment Financing District Overview
City of Eagan
Southeast Eagan Tax Increment Financing District
No. 1
The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for
Southeast Eagan TIF District No. I. More detailed information on each of these topics can be found in the
complete TIF Plan.
Proposed action: Establishment of Southeast Eagan TIF District No. 1 (District) and the
adoption of a Tax Increment Financing Plan (TIF Plan).
See Subsection 1-10, page 1-6 of the TIF Plan for the full budget
authorization. Additional uses of funds are authorized which include
inter -fund loans and transfers and bonded indebtedness.
Adoption of a Redevelopment Plan for .. Southeast Eagan
Redevelopment Project Area No. l .
Type of TIF District:
A renewal and renovation district
Parcel Numbers:
103180005001
*a portion of 100360002179
103180004001
103180003001
100360002279
103180002001
103180001001
*Please note that this parcel is currently in the process of being
subdivided and will be assigned a new parcel number.
Proposed Development:
The Distract is bung created to facilitate the construction of a
commercial and retail project in the City
Maximum duration:
The duration of the District will be 15 years after receipt of the first
increment by the EDA or City (a total of 16 years of tax increment).
The date of receipt by the City of the first tax increment is expected to
be 2008. Thus, it is . estimated that the District, including any
of the TIF Plan for subsequent phases or other changes,
modifications
would terminate after 2023 or when the TIF Plan is satisfied.
Estimated annual tax
Up to 245,879
increment:
Proposed uses:
The TIF Plan contains a budget that authorizes the maximum amount
that may be expended:
Land/Building Acquisition ...............................................$550,000
Site Improvements/Preparation ..:.......................................$350,000 .
Public Utilities....................................:..........................$200,000
Public Parking Facilities ....................................................$100,000
Streets and Sidewalks......................................................:$300,000
Interest.... .................................... ............................. $1,470,000
Administrative Costs (up to 10%) .................................... 3
TOTAL PROJECT COSTS .......................................
See Subsection 1-10, page 1-6 of the TIF Plan for the full budget
authorization. Additional uses of funds are authorized which include
inter -fund loans and transfers and bonded indebtedness.
4 Year Activity Rule
(� 469.176 Subd 6)
TIFDIAdd Overview
Up to 10% of aanuaL mcremen LL waw �-' w --------
After four years from the date of certification of the District one of the
following activities must have been commenced on each parcel in the
District:
Demolition
• Rehabilitation
• Renovation
Other site preparation (not including utility services such as
sewer and water)theaPFroximately June
If the activity has not been started by'the.
taken from that
2010, no additional tax increment may be
parcel until the commencement of a qualifying activity.
5 Year Rule Within 5 years of certification revenues derived from tax increments
(§ 469.1763 Subd 3) must be expended or obligated to be expended. Tax increments are
considered to have been expended on an activity within the District if
one of the following occurs. aid to a third party with respect to
• The revenues are actually P
the activity
• Bonds; the proceeds of which must be used to finance the
activity, am issued and sold to a third party, the revenues are
spent to repay the bonds, and the proceeds of the bonds either
are reasonably expected to be spent before the end of the later
of (i) the. five year period, or (ii) a reasonable temporary period
within the meaning of the use of that term under §. 148(c)(1) of
the Internal Revenue Code, or are deposited in a reasonably
required reserve or replacement fund are entered into for
• Binding contracts with a third party
performance of the activity and the revenues are spent under
the contractual obligation
Costs with respect to the activity are paid and the revenues are
spent to. reimburse for payment of the costs, including interest
on unreimbursed costs.
Any obligations in the Tax Increment District made after
approximately June, 2011, will not be eligible for repayment from tax
increments.
- .. '
The reasons and facts siipp6rting the finding' for the adoplxon of the TIF Plan for .the District are
included in Exhibit A of the City Council Adopting Resolution'
Page2
TIF DisMd Overview
MAP OF SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. I
AND SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. I
Page 3
51
SOUTHEAST EAGAN REDELOPMENT
PRGUECT AREA NO.1
SOUTHEAST EAGAN TIF DISTRICT NO.1
CRY OF EAGAN
COUNTY OF DAKOTA
STATE OF MINNESOTA
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Agenda Information Memo
June 20, 2006 Eagan City Council
P. FINAL SUBDIVISION (YANKEE SQUARE) — MFC PROPERTIES
ACTION TO BE CONSIDERED:
To approve a Final Subdivision (Yankee Square) to create three lots on approximately 4.99
acres located at 3460 and 3470 Washington Drive in the NE'/4 of Section 16.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present.
FACTS:
➢ The Preliminary Subdivision was approved February 21, 2006.
i All documents and Agreements are anticipated to be in order for execution at the regular
meeting of the City Council.
ATTACHMENTS (1):
Final Plat, page 55
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Agenda Memo
June 20, 2006
Regular City Council Meeting
CONSENT AGENDA:
Q. Premise Permit Renewal for Metro Baseball League
ACTION TO BE CONSIDERED:
Approve premise permit renewal for Metro Baseball League to conduct a pull -tab
operation at Joe Sensers Grill and Bar, 3010 Eagandale Place
FACTS:
• The Metro Baseball League has applied with the Minnesota Gambling Board for
the renewal of the Premise Permit at Joe Sensers
• The League has conducted a pull -tab operation at Joe Sensers since 2002 and
there have been no reported problems
• Staff has reviewed the application and sees no reason to deny
ATTACHMENTS:
None. (The application is available for review in the Administration Department)
Agenda Memo
June 20, 2006 City Council Meeting
R. AWARD CONTRACT TO HARRIS CONTRACTING COMPANY
FOR THE PURPOSE OF INSALLING ENERGY CONSERVATION MEASURES
AT THE EAGAN CIVIC ARENA AND AUTHORIZE THE MAYOR TO SIGN THE
APPROPRIATE DOCUMENTS.
ACTION TO BE CONSIDERED:
Award a contract to Harris Contracting Company to install energy conservation measures at the
Eagan Civic Arena.
FACTS:
• In 2005 an energy audit was completed by Harris Companies in conjunction with Dakota
Electric and Aquila Natural Gas Services to review the efficiency of equipment at the Civic
Arena.
• The audit was designed to identify ways in which the City of Eagan could make
improvements to the building, change operations or procedures to improve the energy
efficiency, and to save dollars by reducing operating costs. All three projects represented
by Harris Companies and included by staff for consideration indicate a pay -back on
investment of 3 years or less.
• These proposals were reviewed by the Operations Committee who supported bringing them
forward for the Council to consider.
• The Council took action on April 18 to solicit bids for this project. During the process of
preparing plans and specifications staff learned that according to State Statutes, projects
that are done solely for energy efficiency with a specifically defined payback period that
can be guaranteed, are not subject to the bidding process. This information was shared with
the City Attorney's Office to clarify for accuracy and to have them provide the details of
how this could be managed. They verified the information and will ensure that the
appropriate process is followed to meet the statute requirements.
• The Council took action on May 16 to receive the energy audit report and recommendations
and directed staff and the City Attorney to complete the necessary documentation and
provide information pertaining to the potential funding.
• Three specific areas that were identified for potential improvement are included in the
contract prepared by the City Attorney:
o Boiler upgrade -- The current boiler system needs to be re -engineered and one of
the existing boilers replaced. The new design will improve the efficiency of the
existing operation and will complete the design to use the new boiler and current
heating systems to add heat to the East Arena as needed. (The East Arena is
currently unheated.).
■ Budgeted for 2006 (R&R) $15,000
■ Replacement Boiler $18,083
($3,083 not budgeted at this time.)
57
o De -Super heater -- This device is designed to use the heat produced by the
compressors (used -to cool the ice) to heat the sub floor below -the ice sheet, which
will prevent frost build-up. This will also help melt the snow from the resurfacer
after the ice is cleaned each hour. This heater will work together with the boiler
system to provide efficient "waste" heat in needed areas.
■ De -Super heater $25,194
o Replace lighting in East and West Arenas -- New technology creates improved
lighting levels in arenas. This project would replace current lighting features over
the arenas and would provide a utility cost savings along with more consistent
lighting in the buildings.
■ Replace lighting $33,518
• The addition of these improvements will certainly enhance the operation of the
buildings as they currently exist and would remain beneficial if any expansion to the
facility would be considered in the near future.
• The total cost for the three items identified above will be $118,753.25. The total rebates
offered will be $41,958.00 for a net cost of $76,795.25.
• Of the $76,795.25, $15,000 was budgeted in 2006 under renewal and replacement to
replace the boiler. The balance of the expenditures is proposed to be funded through
retained earnings.
ATTACHMENTS:
• Contract and exhibit on page�� through
M
ENERGY CONTRACT
THIS ENERGY CONTRACT (hereinafter "Contract") is made this day of June,
2006, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter
"Eagan"), and Harris Contracting Company, a Minnesota corporation (hereinafter "Harris").
Eagan and Harris shall be collectively referred to as the "Parties."
WHEREAS, Harris has proposed a contract with Eagan for an energy conservation
measure of a facility alternation designed to reduce energy consumption or operating costs. The
energy conservation measure (within the meaning of MiNN. STAT. § 471.345, subd. 13) is
attached as Exhibit "A;" and
WHEREAS, this is a guaranteed energy savings contract meaning a contract for the
evaluation and recommendation of an energy conservation measure,, and acquisition and
installation of an energy conservation measure; and
WHEREAS, Harris states that it is a "qualified provider" being a business experienced in
the design, implementation and installation of energy conservation measures; and
WHEREAS, Harris shall provide a performance bond in the amount of the contract over
the life of the realized simple payback period to ensure its faithful performance under the
contract; and
WHEREAS, Harris' estimate of the amount by which energy or operating cost will be
reduced are attached hereto as Exhibit "A;" and
WHEREAS, Harris guarantees that the savings will meet or exceed the costs of the
energy conservation measures over a period of not more than 15 years; and
WHEREAS, Eagan, based on the representations of Harris, finds as follows:
1. That this is a guaranteed energy savings contract;
2. That Harris is a qualified provider;
3. That after a review of Harris' report, Eagan finds that the amount it would
spend on energy conservation measures recommended in the report
(Exhibit "A") is not likely to exceed the amount to be saved in energy and
operational costs over 15 years from the date of installation, if the
recommendations in the report are followed; and
4. Harris has provided a written guarantee that the energy or operating cost
savings will meet or exceed the costs of the system.
NOW, WHEREFORE, based on the foregoing, Eagan and Harris agree as follows:
1. ENERGY MEASUREs. Harris shall install the energy conservation measures
listed on Exhibit "A" (the "Project");
2. TYPE OF PROJECT. The installation of the Project shall be a "turnkey"
operation;
3. COMPLETION DATE. The Project shall be completed not later than
4. PERFORMANCE BOND. Harris, prior to commencement of the Project, must
deliver a performance bond in favor of the Eagan, in a form acceptable to
the City Attorney, in the amount of this contract;
5. INSURANCE. Prior to commencement of the Project, Harris shall provide a
certificate of insurance, in a form acceptable to the City Attorney, naming
Eagan as an additional insured.
6. ENERGY SAVING GUARANTY. Harris guarantees the full amount of the
energy savings and rebates as shown on Exhibit "A." At such time as the
entire savings and rebates to recover the cost of the project on a simple
payback calculation have been realized by Eagan (over a period of not
more than 15 years), the performance bond will be released by Eagan;
7. ' REPORTING. Eagan shall not less often than quarterly make a report to
Harris concerning the savings and rebates realized. Harris may, at its own
expense, audit Eagan's records with respect to energy and operating
savings and rebates.
8. PROJECT WARRANTY. Harris warrants that its work shall be free from
defects and the products shall work as . prescribed for one year from
completion and acceptance of the Project by Eagan;
9. PROJECT PAYMENT. Eagan shall pay Harris the sum of $118,753.25, upon
final completion and acceptance of the Project by Eagan;
10. ENTIRE AGREEMENT. An alteration or deviation from this Contract
involving extra work, cost of materials or labor will become an extra
charge to be negotiated between Eagan and Harris;
11. TYPE OF AGREEMENT. The Parties acknowledge that it is their intention
that this be a "guaranteed energysavings contract" within the meaning of
MILAN. STAT. § 471.345, subd. 13(d);
Pa
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12. PAYMENT OF TAxES. Harris shall comply with all state and federal tax.
laws and shall pay any required sales, employment, unemployment or use
taxes as each is due and payable.
1.3. ASSIGNABILITY. Harris binds itself jointly and severally, its successors and
assigns to the City and respects all covenants of this Contract. With the
exception of City -approved consultants and special consultants, Harris
shall not assign, sublet or transfer any part of its interest in this Contract,
except upon written approval of the City.
14. HOLD HARMLESS. Harris shall indemnify, save and hold the City, its
representatives and employees harmless from any and all claims and
causes of action, including all attorneys' fees incurred by the City, arising
from the negligent or fraudulent performance of this Contract by Harris or
Harris' agents or employees.
15. COMPLIANCE WITH CITY CODE. Harris shall comply with all City.Code and
all permits issued in connection with the work performed hereunder.
The Parties have agreed to this contract this day of
.2006.
HARRIS CONTRACTING COMPANY,
a Minnesota corporation
M-
Its:
CITY OF EAGAN, a Minnesota municipal
corporation
By:
Pat Geagan
Its: Mayor
By:
Maria Petersen
Its: Clerk
3
(01
EXHIBIT "A"
Harris Contracting Company, a Minnesota corporation, agrees to provide the City of Eagan at the
Eagan Civic Arena 3870 Pilot Knob Road, Eagan, Minnesota 55122, with the following:
1. Installation of a De -Super heater and new high efficient boiler 95% (AFUE) for the ice
arena system. Harris will do the engineering, labor and materials included in the De -Super heater, pumps,
piping and new connection to existing system. Harris will integrate the heat recovery coils that exist
above the bleachers.
2. The new boiler is to be installed in the boiler room in the place of one of the two existing
boilers. The high efficiency boiler will be used as the primary boiler so that the arena maximizes the
savings all the time. Installation, controls, venting, piping, labor and materials are included.
The cost of the boiler is $20,000.00. The cost of the De -Super heater is $36,664.00.
Total cost boiler and super heater: $56,664.00
Rebates: $13,387.00
Yearly Savings for De -Super heater: $16,662.98
Yearly Savings for Boiler: $ 1,830.80
Total Yearly Savings: $18,493.78
Lighting and Controls ECUs.
Lighting east arena
$12,524.52
Lighting west arena:
$14,162.73
ECO's 12, 13 and 16 in west arena:
$14,762.00
ECO's 22, 23 and 26 in east arena:
$20,640.00
Total Cost:
Rebates:
$62,089.25
$28,571.00
Annual Savings:
Lighting east and west arena: $6,558.03
East arena ECO's 22,23 and 26:$9,489.31
West arena ECO's 12, 13 and 16: $10,926.01
Total Yearly Savings:
$26,973.35
Add and install control to setback ice temperatures (Optional -not included in original contract amount). .
ECO's 11 and 17: $11,106.00
ECO's 21 and 27: $12,318.00
Total Cost: $23,424.00
Rebates: $4,264.00
Annual Savings:
ECO's 11 and 17: $3,870.27
ECO's 21 and 27: $3,133.71
The amount of payment from the City to Harris in completion of the contract is $118,753.25.
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
S. GUN CLUB ROAD — RIGHT-OF-WAY VACATION
ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public
right-of-way (Gun Club Road) adjacent to proposed Red Pine Crossing (Parcels 10-
03600-021-79 and 10-03600-022-79) and schedule a public hearing to be held on July 18,
2006.
FACTS:
• On January 20, 2006, City staff received a petition from Quinn Hutson, CNH
Architects representing Revestors, Inc., the developers of proposed Red Pine
Crossing, requesting the vacation of a portion of public right-of-way (Gun Club
Road) adjacent to Parcels 10-03600-021-79 and 10-03600-022-79 (Red Pine
Crossing), east of Highway 3 in southeast Eagan.
• The petition was held to coincide with the final subdivision approval process for the
Red Pine Crossing development.
• On June 12, 2006, final subdivision submittal was made by the developer of Red Pine
Crossing, Revestors, Inc.
• The purpose of the request is to allow the developer to construct the Red Pine
Crossing development as approved with the preliminary planned development and
subdivision, with utilization of the vacated Gun Cub Road right-of-way.
• The Gun Club Road right-of-way east of the Red Pine Crossing development will
remain.
• 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 scheduled
public hearing.
ATTACHMENTS:
• Location Map, page ! .
• Easement Vacation Exhibit, page (05-.
(03
City of Eap
Engineering Department
Red Pine Crossing/ Gun Club Road
Right -of -Way Easement Vacation
Location Map (OL
6/12/06
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
T CONTRACT 04-05, WELL NO. 20
PUMPING EQUIPMENT
ACTION TO BE CONSIDERED: Approve the final payment for Contract 04-05 (Well
No. 20 - Pumping Equipment) in the amount of $9,485.05 to Encomm Midwest, Inc., and
accept the improvements for perpetual City maintenance subject to warranty provisions.
FACTS:
• Contract 04-05 provided for the completion of the improvements at Well House No.
20, including a vertical turbine pump, piping and appurtenances, mechanical and
electrical systems. The well is now fully operational and contributing to the City's
public water supply.
• 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.
RED PINE ; CROSSING
j 114
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ROAD TO BE VACATED
' That part of 117s' Street East (also known as Gun Club Road) which lies northerly of .
the south line of the Northwest Quarter of the Southeast Quarter of Section 36,
Township 27, Range 23, Dakota County, Minnesota, westerly of HALLEY'S 1ST
ADDITION, according to the recorded plat thereof, Dakota County and easterly of the
easterly right of way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad.
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ROAD TO BE VACATED
' That part of 117s' Street East (also known as Gun Club Road) which lies northerly of .
the south line of the Northwest Quarter of the Southeast Quarter of Section 36,
Township 27, Range 23, Dakota County, Minnesota, westerly of HALLEY'S 1ST
ADDITION, according to the recorded plat thereof, Dakota County and easterly of the
easterly right of way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad.
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Agenda Memo
June 20, 2006 City Council Meeting
U. ACCEPT A DONATION FROM THE EAGAN LIONESS FOR A BENCH
TO BE PLACED WITHIN CENTRAL PARK
ACTION TO BE CONSIDERED:
Approve the acceptance of a $1200 donation from the Eagan Lioness for the purchase and
installation of park bench in Central Park
FACTS:
• The master plan for Central Park includes the installation of several benches throughout
the park, the style of which has been pre -selected to ensure continuity.
• Donations, for the purchase of benches or other approved park amenities, are encouraged.
• The Lioness group has expressed an interest in purchasing a bench for installation in the
area of the band shell, near the new playground.
• A small engraved plaque will be mounted on the bench.
• The cost of a bench including materials for installation is $1200.
ATTACHMENTS:
None
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
V. HIRING COMMUNITY TECHNOLOGY ADVISORS — CITY OF
EAGAN
ACTION TO BE CONSIDERED:
To approve hiring Community Technology Advisors to assist with telecommunications
infrastructure language in the Comprehensive Plan Update and to outline possibilities to
incorporate the same for City ordinances and subdivision regulations for an amount not to
exceed $7,000.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The City has begun preliminary work on the Comprehensive Plan Update required in
2008.
➢ Telecommunication services provide a critical community asset and should be
reflected in the City's visioning document.
➢ Community Development staff approached Bill Coleman, Community Technology
Advisors, requesting a proposal to provide options for incorporating
telecommunication infrastructure goals & policies in the Plan Update.
➢ A second component of the proposal requested of Mr. Coleman was preparation of
sample language regarding telecommunications that could be considered for
inclusion in the City ordinances and subdivision regulations.
➢ Community Technology Advisors was the consultant to the Eagan Technology Task
Force. Staff is suggesting retaining them for this contract rather than preparing a
request for proposal because of the firm's experience generally and their experience
with directly related issues in Eagan over the past two years.
ATTACHMENTS: (1)
Community Technology Advisors proposal on pages 0 through
Community
Technology
Advisors Corp. ,_
June 5, 2006
Mr. Jon Hohenstein
Mr. Mike Ridley
City of Eagan
Eagan, MN
Gentlemen:
Thank you for the opportunity to present this proposal to the City of Eagan.
The attached pages outline:
• Understanding of the problem to be solved,
• Objectives of the effort,
• Scope of activities,
• The approach to be followed, and
• Timing and fees
Understanding
Telecommunications infrastructure and services are recognized by the City of Eagan as a
critical community asset. City leaders would like this importance to be reflected by its
inclusion in the updated Comprehensive Plan. The work of the Eagan Technology Task
Force should serve as the foundation for this new section of the updated Comprehensive
Plan.
In addition, this is an opportune time to update City ordinances related to
telecommunications infrastructure and services. Development and redevelopment
projects with affiliated road and utility construction projects provide opportunities to
provide cost-effective telecommunications investments for both public and private sector.
Community Technology Advisors 1732 Briarwood Avenue Mahtomedi, MN 55115
bill �communitytechnologyadvisors.com 651-491-2551
r�
Clear and forward-looking ordinances will stimulate consistent deployment of
telecommunications infrastructure across the city over time.
Objectives
I understand that the City is seeking assistance to accomplish two tasks:
1. Provide alternatives and recommendations regarding telecommunications issues
related to the Comprehensive Plan update.
2. Provide alternatives and recommendations to update or create municipal
ordinances and subdivision regulations related to rights of way management and
roads and/or utility construction, specifically related to telecommunications.
Approach
For both Comprehensive Plan and ordinance development, CTAC will:
1. Meet with city staff, technology task force members and others to gather input on
community goals and objectives related to telecommunications infrastructure
deployment.
2. Gather input from key stakeholders who might be affected by the plan and
ordinances.
3. Research and document examples related to comprehensive plans and ordinances
that meet the objectives of the community.
4. Draft and present a range of policy choices for consideration.
5. Prepare final documents based on feedback from staff and local officials.
6. Attend public meetings, as necessary, to assist in the adoption process.
Products
1. A document suitable for inclusion as a Telecommunications section into the
Comprehensive Plan.
2. A draft Telecommunications Ordinance for consideration by the Eagan City
Council with revisions made as appropriate.
Page 2 of 3
7D
Timiniz and Fees
Community Technology Advisors is prepared to begin as soon as authorized to proceed.
Bill Coleman's time will be billed at $125 per hour. I will only bill for hour worked on
this project. On the basis of our current understanding, we estimate that our involvement
will range between 40- 50 hours and that the duration of this effort will be approximately
3 months. Based on this estimate, the fee will range between $5,000 and $6,250 and will
not exceed $7,000. I will also bill you for out-of-pocket expenses incurred on your
behalf. Should any condition arise that changes the scope or nature of our involvement, I
will notify you immediately and obtain your approval before proceeding.
Information on Bill Coleman
Bill Coleman of Community Technology Advisors Corp. (CTAC) will serve as project
manager. CTAC has been in business for six years and has assisted communities in
seven states assess their telecommunications infrastructure and services and measure and
increase demand for advanced telecommunications services. All of these projects have
led to an increased understanding of the issues and the possibilities related to
telecommunications and technology by key community decision makers. Many of these
projects have led to increased levels of telecommunications services, implemented by a
variety of providers.
More information about Community Technology Advisors is available at
www.communiWechnologyLdvisors.com.
I appreciate this opportunity provide services to the City of Eagan and look forward to
working with you on this engagement. I will devote our best effort to the work to be
performed. Should you have any questions regarding this proposal, please do not hesitate
to call me at 651-491-2551.
As acceptance of this proposal, please sign the acknowledgment copy of this letter and
return it.
Very truly yours,
OT" , I ,
Bill Coleman
We are in agreement with the scope and terms as outlined.
Name
City of Eagan
Date
`1 1 Page 3 of 3
Agenda Information Memo
June 20, 2006, Eagan City Council Meeting
W. EXTEINSIUN YUK ISKS u"10LT Jyl0huu ri.r&i -
ACTION TO BE CONSIDERED:
To approve a 90 -day extension of time to record the final plat for Oakview Center 2nd Addition,
located south of Lone Oak Road and north of Hwy. 55 in the NW 1/4 of Section 12.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present
FACTS:
➢ The City Council approved the final plat on April 4, 2006. The plat is required to be
recorded within 60 days of approval.
➢ The applicant is requesting an extension to allow an additional 90 days to record the final
plat. They are holding off on recording the plat pending a Phase 2 environmental study,
the results of which are anticipated within the next 30 days.
➢ The 90 -day extension would allow until September 1, 2006 for the plat to be recorded:
ATTACHMENTS (1):.
Letter from Rian Gamble, Eagan Hospitality Group, expected before Tuesday's Council meeting
72
Agenda Memo
June 20, 2006
Regular City Council Meeting
CONSENT AGENDA:
X. Award bid for a diesel exhaust removal system for the five fire stations.
ACTION TO BE CONSIDERED:
Approve low bid for diesel vehicle exhaust system for the five fire stations from
Air Technology Solutions.
FACTS:
• The Fire Department was awarded a grant for a diesel exhaust removal system
in the 2005 Assistance to Firefighters Grant Program.
• The grant was for $82,253 with a 20% match form the City of Eagan for
$20,563. The total amount with match is $102,816.
• The Fire Department received three bids for this project:
1. Magnegrip Corporation for $147,936.
2. TNC Industries for $137,822.
3. Air Technology Solutions for $101,679.
• The Fire Department is recommending approval of the bid from Air
Technology for $101,679 for a diesel exhaust system for the, five fire stations.
ATTACHMENTS:
• None (Bids will be available for review in the Fire Department)
Agenda Information Memo
June 20, 2006 Eagan City Council
Y. EXTENSION FOR RECORDING FINAL PLAT (KENNERICK THIRD
ADDITION) —GAIL MCMAHON
ACTION TO BE CONSIDERED:
To approve (OR deny) an extension to July 10, 2006 to record the Final Plat for Kennerick Third
Addition, located west of Pilot Knob Road and north of Lone Oak Road in the, SE '/4 of Section 4.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The City Council initially approved the Final Plat on November 15, 2005, and required the
plat be recorded within 60 days of approval.
➢ The applicant was granted a 60 day extension for recording by the City Council on January
17, 2006. The recording deadline was March 17, 2006.
➢ The applicant was not able to record the plat within the deadline. Due to a number of
circumstances.
➢ The applicant was granted a 75 day extension to work out issues with Dakota County and her
mortgage company. The recording deadline was May 29, 2006
➢ The applicant is waiting for her mortgage company to approve the County changes made to
the plat.
➢ The 30 day extension will allow the applicant to work out the issues with her mortgage
company and record the Plat by July 10, 2006.
ATTACHMENTS (1):
Plat drawing on page [1) J
14.
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Agenda Information Memo
June 20, 2006 Eagan City Council
VI. OLD BUSINESS
A. COMPREHENSIVE GUIDE PLAN AMENDMENT — PASTER
ENTERPRISES, INC.
ACTION TO BE CONSIDERED:
To continue this request to the February 6, 2007 City Council meeting for consideration of a
Comprehensive Guide Plan Amendment to change the land use designation from Special Area
— Office/Service, to Special Area — Retail Commercial, upon approximately 24 acres located
north of Yankee Doodle Road and west of Central Parkway in the SE V4 of Section 9.
REQUIRED VOTE FOR APPROVAL: At least four votes
FACTS:
➢ This item was continued from the November 15, 2005 City Council meeting.
➢ The applicant has submitted a letter updating the Council on progress with regard to the
development -- securing anchor tenants for the retail center and preparation of
Preliminary Subdivision and Preliminary Planned Development application submittals.
➢ Paster Enterprises needs additional time to prepare the detailed plans necessary for the
Preliminary PD. and Subdivision submittals and to recruit specific retailers for this
development.
➢ When this request was first before the Council on May 17, 2005, the Council expressed a
desire for more detailed plans and information regarding the conceptual development,
including identification.of anchor tenants. The applicant has requested continuance of the
pending Comprehensive Guide Plan Amendment to allow time to prepare more detailed
development plans, and secure anchor tenants.
➢ Paster anticipates submitting the other corresponding applications this fall (2006). Once
submitted, the Comprehensive Guide Plan Amendment (on the Gangl property), the
Preliminary PD and Preliminary Subdivision applications must go to the Advisory
Planning Commission and then to the City Council, a process that takes 6-8 weeks.
➢ Continuing this request to the February 6, 2007, City Council meeting date should afford
time for Paster to secure anchor tenants for the development, prepare the additional
submittals and get through the public hearing process with the City's Advisory Planning
Commission.
60 -DAY STATUS: Deadline was previously extended to June 20, 2006. The applicant has
requested a further extension to February 2007 with this current request for a continuance.
ATTACHMENTS (2): 2,
Correspondence from Paster Enterprises dated June 14, 006, pages 7 7 through `y
City Council Meeting Minutes, May 17, 2005, page
2227 Univ&iity Av6ue •
OFSHOPPING CENTERS
Paul, MN 5511.4-1¢77
.4-10,77 # -05176464001 a rax 651-646-1389
CENTRAL PLAZA
the Comprehensive Land Use Guide Plan Amondmont
,
45th .& Central Ave. ME
June 15, 2006
Minneapolis, Minnesota
I
We *anticipate appearing before the City Council to discuss
Ms. Pamela Dudziak
MOUNDSVIEW SQUARE
eft of Eagan
CRYSTAL SHOPPING CENTER
3830 Pilot Knob Road
Bass Lake Road & West Broadway
Eagan, MN 55112-1.897
Crystal, Minnesota
the, City Coundit. at the abovemontioned date. Our hope is
RE.- Perron Property
CRYSTAL TOWN CENTER
Ea0ah, MIN:
Bass Lake Road '& West Broadway
Crystal, Minnesota
Dear Ms. Dudziak,
As a result of our scheduled appearance: at the June 20,,
DODDWAY SHOPPING CENTER
2006 City Council Meeting, we would like to. provide an
Stnith:& Dodd Road
West Sal I nt-Paul, Minnesota
update on our proposed Retail development and the
Saint Paul, Minnesota
continuance that was granted relating to our'Co.mprehen.sive
Land Use Guide Plan Amendment, Presently, We have either
LAMVILLE CROSSING
completed or proceeded, as far as possible with theftems
e
160th & Cedar Avenue
required, for in the Preliminary Planned Development
Lakeville; Minnesota
application. In order for us to complete the remaining
South Saint Paul, Minnesota
requirements and submit, we need to have= the exact sizes
LEXINGTON PLAZA SHOPPES
and locations for the proposed retail building locations
Lexington & Larpenteur
defined. Currently, we have not finaliked who: these, potential
Roseville, Minnesota
anchor retail tenants. :will . be.
At this time., we: would like to request that, the appiltatidn for
MENDOTA PLAZA
the Comprehensive Land Use Guide Plan Amondmont
,
State Highway 110 *& Dodd, Road
12
Submitted . , be , continued until February previousy
y
Mendota Heights, Minnesota
I
We *anticipate appearing before the City Council to discuss
the application: for the Preliminary 'Planned Development at
MOUNDSVIEW SQUARE
the December, 2006 schedujed� meeting. . We hope to submit
Highway 10 & Long Lake Road
the application for the. P0611minaty. Planned Development' by
Mounds View, Minnesota
November, 2006 which would result In an appearance before
the, City Coundit. at the abovemontioned date. Our hope is
that we would. be able to start construction In. the Spring, of
NORTHWAY$HOPPINGCENTER
2007,
State Highway 23 & Woodland.
Lexington/Circie Pines, Minnesota
We believe - this is still a strong retail site and we want to
ensure that we come forward with the most. appealing lineup
SIBLEY PLAZA
West 7th Street& Davern
of retailers.
Saint Paul, Minnesota
We look forward to appearing before the City Council in June;
2000, and continuing to work with you on the successful.
SOU7rHMW SHOPPING CENTER
development of this project.
Southview Boulevard & 13th Ave. S.
South Saint Paul, Minnesota
-77
Sincerely,
Paster Enterprises, LLC
Howard Paster
Principal.
CC: - E. Paster
K. Henk
Eagan City Council Meeting Minutes
May 17, 2005
Page 3
ARK AND TRAIL DEDICATION RECONSIDERATION — EAGAN DENTAL ASSOCIATES
City A ator Hedges introduced this item regarding a request for a refund of $5,275 for park�anlcation for an Dental Associates. City Planner Ridley gave a staff report. It was noted
considered the ma at their May 16, 2005 meeting and recommended a partial rebate ' for a conservation
easement over the
After discussion with the app t it was the consensus of the Council a refund for the park and trail dedication
was not warranted.
Councilmember Maguire moved, Counci ember Fiel conded a motion to deny a refund of $5,275.00 for park
and trail dedication for Lot 1, Block 2, Lexon Addition n (Eagan Dental Associates) Aye: 4 Nay: 0 (Tilley
abstained)
FINAL PLAT (HALLE 2ND ADDITION)
MANLEY LAND DEVELOPMENT
This itemwCs continued to July 19a' during the adoption of the agenda:
NEW BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT — PASTER ENTERPRISES, INC.
City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the
land use designation from Special Area — Office/Service, to Special Area — Retail Commercial, upon approximately
24 acres located north of Yankee Doodle Road and west of Central Parkway. City Planner Ridley gave a staff
report.
Howard Paster, Paster Enterprises, discussed the history of Paster Enterprises and the proposed retail development.
Ken Hempkist discussed the landscape design of the proposed site plan. Jack Andahl discussed the architectural
design and Vern Swing discussed traffic issues.
A representative of the Gramercy Co -Operative spoke in favor of the proposed Comprehensive Plan Amendment,
stating the retail development would be an asset to the area. Members of the Perron family, owners of the subject
property, and their attorney, requested the Council approve the amendment, stating there has been no interested
buyers for the land with the current zoning designation. One resident of the Gramercy Co -Op and a letter received
on May 17, 2005 opposed the proposed retail plans.
Councilmembers, staff and the City Attorney held a discussion which included an upcoming community survey, the
need for additional retail businesses in the City, and the inclusion of adjacent property in the proposed plan.
Councihnembers also spoke about the need to identify anchor tenants and a way to ensure the end product would be
as unique and exciting as the applicant portrayed when he explained the different types of features including
architecture, pedestrian connections, tenant mix, abundance of landscaping, etc. It was suggested by the City
Attorney that the applicant request this item be continued and bring additional information back before the Council
for further review. Mr. Paster requested that consideration of their application for a Comprehensive Guide Plan
amendment be continued until the June 21" meeting at which time an update on the proposed retail project will be
provided.
CE TO CREATE A MORATO -THEA —IN SOUTHEAST EAGAN
BOUNDED BY REDAD, STATE HIGHWAY 3 AND THE RED PINE
This item the agenda at the time the agenda was adopted.
Agenda Information Memo
June 20, 2006, Eagan City Council Meeting
NEW BUSINESS
A. CONDITIONAL USE PERMIT — SHAW INDUSTRIES
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor
storage of metal bar joists, decking materials, baggage carts, airline tow bars and baggage cart
tires not to exceed six (6') feet in height for property located at 1904 Shawnee Road on Lot 4,
Block 2, Cedar Industrial Park in the SW V4 of Section 17; subject to the conditions in the APC
minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The applicant requested this item be continued from the June 6 to the June 20, 2006
Council meeting.
➢ The existing 1 -story, 29,800 square foot warehouse facility at 1948 Shawnee Road was
constructed in 1980. The site is surrounded on all sides by properties zoned and guided
for industrial uses.
➢ The applicant is proposing to store metal bar joists and decking materials for Keystar
Inc., and baggage carts, airline tow bars and tires for Industrial Repair and
Manufacturing.
➢ The proposed outdoor storage is not consistent with the performance standard that
requires the storage to be screened from public rights=of--way.
➢ The Advisory Planning Commission held a public hearing on May 23, 2006 and is
recommending approval.
ISSUES:
➢ The applicant disputes the ability (due to topography) to provide additional plantings or
privacy fencing to screen the storage from public right-of-way (Highway 13), as
suggested in the staff report.
➢ Staff met with the applicant at the site on June 13 and agreement was reached that
landscape screening could be added behind the curb line. The applicant will submit a
Landscape Plan prepared by Landscape Architect ASAP.
60 DAY AGENCY ACTION DEADLINE: July 3, 2006
ATTACHMENTS (2):
Draft Advisory Planning Commissio nutes on pagelo'
Staff report on pages' through
Advisory Planning Commission Minutes
May 23, 2006
Page 7
D. Shawnee Assoc
Applicant Name: Shawnee Assoc
Location: 1904-22 Shawnee Road; Cedar Industrial Park
Application: Conditional Use Permit
A Conditional Use Permit to allow outside storage of material in transit.
File Number: 17 -CU -03-04-06
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated May 10, 2006. He noted the background and history.
Vice Chair Chavez opened the public hearing. -
There being no public comment, Vice Chair Chavez closed t[!@*6f@hqaring and turned the
discussion back to the Commission.
Member Jensen inquired about the depth of the ravine:: id Ch''e location of N&ored materials.
City Engineer John Gorder responded the ravine is„ pproximately 8 to 10 fee . City
Planner Ridley indicated the location of the storaWfthe site map.
Member Heaney moved, Member Feller seconded a mo recommend approval of a
Conditional Use Permit for outdoor stora„ae on Lot 4, Block dar Industrial Park (1904-22
Shawnee Road) subject to the following motions:
1. This Conditional Use Permit shall be re rd Dakota CounWithin 60 days of approval
by the City Council, and proof of record! 6-1., subrrJW@-„ e Citi.
2. All existing tempora%ih II be removefrom the sib and the site shall remain in
compliance with Ci ode Wements.
3. The applicant shall 9-affiwit a Lgdscape Plan o-pvised Site Plan indicating evergreen
plantings or privacy.fea%=tt�` .:I t een the storage from public rights-of-way.
4. The Qaf for staraqw---'sball need 6' in height.
5. T -Eft Marshal shat rove tfe-i*out of storage to ensure adequate circulation through
the stoRke area.
All voted in favrir�;aMotion carved 5-0.
9
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 10, 2006 CASE: 17 -CU -03-04-06
APPLICANT: Terrance G. Maurer HEARING DATE:
PROPERTY OWNER: Shawnee Associates APPLICATION DATE: April 19, 2006
REQUEST: Conditional Use Permit for PREPARED BY: Mary Granley
Outdoor Storage
LOCATION: 1904-22 Shawnee Road
Lot 4, Block 2, Cedar Industrial Park
COMPREHENSIVE PLAN: IND -Limited Industrial
ZONING: I -1 -Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval of,a Conditional Use:Perini.t to allow outdoor storage of
metal materials and airline equipment for Lot 4, Block!, Cedar Industrial Paik (1904-1922
Shawnee Road) in the SW 1/4 of Section 17.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) 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 -Shawnee CUP
May 10, 2006
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.
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.
CITY CODE REQUIREMENTS
City Code Section 11.70, Subd. 22, C.2 requires the following performance standards for outdoor
storage, in addition to those standards in connection with, a conditional use permit:
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 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.
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.
C. The outdoor storage area shall be screened from view from the public
right-of-way and from any adjacent property which is designated for
residential uses in the comprehensive guide plan.
Planning Report -Shawnee CUP
May 10, 2006
Page 3
d. The storage area shall not interfere with any pedestrian or vehicular
movement.
e. The storage area shall not take up required parking spaces or landscaping
areas.
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.
BACKGROUND/HISTORY
The existing 1 -story, 29,800 square foot warehouse facility on the subject site was constructed in
1980.
EXISTING CONDITIONS
Shawnee Associates owns the subject office/warehouse, multi -tenant building at 1904-22
Shawnee Road, and the adjacent building at 1948 Shawnee Road. Three tenants currently
occupy the office/warehouse space. Keystar Incorporated is one tenant within the building,
operating a steel joist and metal deck distribution business. A second tenant, Industrial Repair
and Manufacturing, is operating a business reconditioning airlines baggage carts and airline tow
bars. Tim Stegall Carpet is the third tenant within the building. Required parking is provided on
the front (north) and south side of the building. All parking areas and rear of building are paved
with a bituminous surface.
Recent inspection of the property
revealed three temporary signs posted
at the entrance drive at Shawnee Road.
The signs are currently in violation of
City Code and should be� removed.
SURROUNDING USES
The site is surrounded on all sides by
properties zoned and guided for
industrial uses.
EVALUATION OF REQUEST
The applicant is proposing to store
metal bar joists and decking materials for Keystar Inc., and baggage carts, airline tow bars and
tires for Industrial Repair and Manufacturing. 'Storage is proposed at the rear of the building
upon the bituminous surface of the parking lot. The bar joists and decking products are held
temporarily outdoors prior to shipping. Northwest Airlines baggage carts and airplane tow bars
Planning Report -Shawnee CUP
May 10, 2006
Page 4
are dropped off and held for refurbishing, then released for shipment. Pallets of new tires are
used for replacement on baggage carts. Items stored should not exceed 6' in height.
The existing temporary signs are in violation of City Code and should be removed. If the
applicant desires permanent freestanding signage on this site, he may address it at a later date
under a separate Sign Permit application.
Compatibility, with Surrounding Area — The site is located within a limited industrial district
where outdoor storage is generally compatible with surrounding uses.
Site Plan — The proposed location of the outdoor storage is shown at the.rear of the building on
the existing bituminous surface (see attached site plan). The setback of the storage is proposed at
between 1.5 and 30 feet from the east and south property lines.: The site appears to be adequately
parked with the existing front parking areas.
City Code requires outdoor storage materials to be enclosed as necessary to .achieve security and
containment or for public safety reasons when determined necessary by the City. The proposed
location of the storage will have some visual impact on existing, surrounding uses as the
applicant proposes no screening to the storage area. Mature trees provide some visual barrier to
the right-of-way and LaFonda's Restaurant.
The applicant should submit a Landscape Plan or revised Site Plan indicating evergreen plantings
or privacy fencing to be installed to screen the storage from the restaurant and public rights-of-
way.
Access/Internal Circulation — The proposed outdoor storage may impede traffic circulation at the
rear of the building and access to loading dock areas. The Fire Marshal should review and
approve the storage layout to maintain circulation and emergency access.
SUMMARY/CONCLUSION
The applicant is proposing outdoor storage of metal materials and baggage carts in the rear paved
area of the building. The proposed storage would be setback between 15-30 feet from the
property lines, but would not be screened from any adjacent uses. Screening and circulation need
to be addressed.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit for outdoor storage on Lot 4, Block 2,
Cedar Industrial Park (1904-22 Shawnee Road). If approved the following conditions shall
apply:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council, and proof of recording submitted to the City.
f�
Planning Report -Shawnee CUP
May 10, 2006
Page 5
All existing temporary signs shall be removed from the site and the site shall remain in
compliance with City Code requirements.
2.
3. The applicant shall submit a Landscape Plan or revised Site Plan indicating evergreen
plantings or privacy fencing to be installed to screen the storage from public rights-of-
way.
4. The outdoor storage shall not exceed 6' in height.
5. The Fire Marshal shall approve the layout of storage to ensure adequate circulation
through the storage area.
0
Development/Developer:
Shawnee Assoc
Application:
Conditional Use Permit
Case No.:
17 -CU -03-04-06
Map Prepared usingCoon y O ce ofAXCVGI 5.1. Petceten as of data provided105.�� N
f t] �n by Dakota County Office of GIS and Is current of April 2DD5.
Citi OL Ea jan . THIS MAP IS INTENDED FOR REFERENCE USE ONLY W+ $
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Development Department not responsible for errors or omissions.
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RECEIVED APR 192006
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WED vD.
SHAWNEE ASSOCIATES
14586 Hunters Lane
Savage, Minnesota 55378
952 226 4931
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Attention: Planning Department
Re: Shawnee Associates Conditional Use Permit
To whom it may concern,
The following is our written narrative as required by the Conditional Use Permit.
We own two office/warehouse buildings with industrial zoning at 1904-1948 Shawnee .
Road, Eagan, Minnesota.
We are requesting a Conditional Use Permit for the temporary storage of materials and
trailers in transit. Trailers are brought on site for repairs and work is completed inside
the buildings, and then returned. Also, materials, including steel joist and deck, are
stored for a short time while in transit.
Our buildings were built in 1980, and to the best of our knowledge, we have never had a
complaint before. We have always tried to be a leader in our industrial area, keeping our
buildings clean and free of debris and unnecessary. clutter. We have never allowed
outside storage similar to other buildings in our area.
If this is an attempt to clean up all of Cedar Industrial Park, we look forward to the effort.
We will continue to do our part!
=SE CIATES, LLP
Terrance G. Maurer, Partner
RECEIVED APR 19 200E
q. NARRATIVE
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
B. PRELIMINARY SUBDIVISION (HERITAGE OF HIGHVIEV) — GLORIA
FRITZ
ACTIONS TO BE CONSIDERED:
To approve (OR direct preparation of Findings of Fact for Denial) a Preliminary Subdivision
(Heritage of Highview) to create four single-family lots upon 1.7 acres on property located at
1420 Highview Skyline Drive, in the SE'/a of Section 4; subject to the conditions in the APC
minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The applicant is requesting approval of a subdivision to create four single family lots.
➢ The existing single family home was built in 1964 and will be removed after subdivision.
➢ The proposed subdivision and lots meet/exceed all subdivision and zoning requirements.
➢ The APC held a public Hearing on this item on May 23, 2006 and they are
recommending denial (3-2 vote).
ISSUES:
➢ Two area neighbors spoke against the subdivision as not being in keeping with lot sizes
in the area.
➢ The City Attorney has indicated that the proposal is consistent with the Guide Plan
designation and all zoning/subdivision requirements and should be approved.
➢ The applicant has submitted additional information illustrating prospective views and
similar sized lots in this area of the City (Section 4).
120 DAY AGENCY ACTION DEADLINE: August 16, 2006
ATTACHMENTS (3):
Draft APC Minutes o ages IP12� through
Staff report on page through
Additional information submitted by the applicant on pages/114 through 110
Advisory Planning Commission Minutes
May 23, 2006
Page 5
C. The Heritage of Highview
Applicant Name: Owner
Location: 1420 Highview Ave.; Lot 2 & 3, Block 1, Highview Park Addition
Application: Preliminary Subdivision
A Preliminary Subdivision of 1.7 acres to create 4 single-family lots.
File Number: 04 -PS -08-04-06
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated May 8, 2006. He noted the background and history.
Mike Brandvold, Anderson Engineering stated objection to the par ication calculation
(for three lots) referenced in the staff report.
City Planner Ridley stated the park land dedication fee wasearch d, due to past
payments, should be required for only two of the propos t .
Vice Chair Chavez opened the public hearing.
Ruth Twomey, neighboring resident stated objectiondiv f the prope he stated
concern that if subdivision is allowed, many others will same consideration.
Martha Metz, 1439 Highview Ave., stateVnect%
ion to the srr of sizes and stated they
should be kept larger to fit into the rest oorhood: Sh concern that the I,
would be hard to sell being in the airport hich they orated. She stated
nrafarance for two lots instead of four los sitb,
Vice Chair Chavez stated%'r00%lcomplies ,I he Comprehensive Guide. Plan land use
designation ofL Densi'
City PlaqW Ridley ll ofis meet or exceed all City Code requirements of the R-1
Member KlIft stated condXZ for the density in comparison to the surrounding neighborhood.
Member Keele V4ect
r Heaney seconded, a motion to recommend approval of a
Preliminary SubHeritage of Highview) consisting of four lots on 1.7 acres located
at 1420 Highview south side of Highview Avenue just west of Pilot Knob Road in
the SE % of Sectiothe following conditions:
1. The developer shall comply with the following standard conditions of plat approval as
adopted by Council on February 2,1993: A1, 131, C1-3, D1, and E1.
2. The property shall be platted.
3. Architectural designs and construction methods for new construction within the development
shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45
Advisory Planning Commission Minutes
May 23, 2006
Page 6
dBA as compared with a noise level of 65 DNL. This'would require an inside noise level
reduction of at least 20 dBA.
4. All existing sanitary sewer and water services shall be abandoned in accordance with City
Public Works standards as part of this development.
5. The trail connection between Lots 2 and 3 shall be constructed by the developer prior to
issuance of building permits for the proposed houses ori those lots.
6. The developer shall dedicate a public trail easement, in a forma le to the City
Attorney, (minimum of 15 feet in width) to cover the proposed betty en Lots 2 and 3.
7. Water Quality requirements shall be via a cash dedicatio
8. The developer shall submit a revised Tree Prese
application that illustrates the placement of Tree
silt fence or 4 foot polyethylene laminate safe
perimeter of the Critical Root Zone, whichev
be preserved on-site.
9. The developer shall also contact the
inspection at least five days prior to
Preservation Plan and placement of
A vote was
Aye: Vic air Ch d NMeJensen.Nay: bers Heaney%
Nay: bers Heaney,
Motion
y Division
to ensure
lots based on the net
to the cost of constructing the trail
_Upt covered by trail dedication should be
Member Keele Ve
r Heaney seconded a motion to recommend denial of a
Preliminary SubHeritage of Highview) consisting of four lots on 1.7 acres located
at 1420 Highview A south side of Highview Ave just west of Pilot Knob Road in the
SE % of Section 4 nsity compared to the surrounding neighborhood.
A vote was taken.
Aye: Members Heaney, Keeley, and Feller.
Nay: Vice Chair Chavez and Member Jensen.
Motion carried 3-2.
93
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 8, 2006
APPLICANT: Gloria Fritz
PROPERTY OWNER: Same
REQUEST: Preliminary Subdivision
LOCATION: 1420 Highview Avenue
COMPREHENSIVE PLAN LD Low Density
ZONING: R-1, Single Family
SUMMARY OF REQUEST
CASE: 04 -PS -08-04-06
HEARING DATE: May 23, 2003
APPLICATION DATE:, April 16, 2003
PREPARED BY: Michael J. Ridley, AICP
Gloria Fritz is requesting approval of a Preliminary Subdivision (The Heritage of Highview)
consisting of four lots on 1.7 acres located on the south side of Highview Ave just west of Pilot
Knob Road in the SE V4 of Section 4.
AUTHORITY FOR REVIEW
Subdivision:
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with. applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of development.
Planning Report — The Heritage of Highview
May 23, 2006
Page 2
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with easements
of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for, maintenance,
repayment of bonds, or similar burden. '
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
I That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality. Management Plan and make the same available to. the
public."
BACKGROUND/HISTORY
The subject site consists of two adjacent platted lots (Lots 2 & 3, Block 1, Highview Park
Addition). The existing home, located on Lot 3, was built in 1964.
EXISTING CONDITIONS
There is an existing single -story home, detached garage and shed on the site. The detached
garage crosses the common lot line with Lot 2. The site has a variation in topography that will
allow the southern two lots to accommodate a walkout and a lookout design. The site is
generally open with mature trees scattered throughout the site but primarily located along the
south and west site boundaries.
g5
Planning Report— The Heritage of Highview
May 23, 2006
Page 3
SURROUNDING USES
The site is surrounded on all sides by land zoned, guided and used for single family residential.
EVALUATION OF REQUEST
Compatibility with Surrounding Area - The proposed subdivision appears compatible with this
area of single family homes. The area is impacted by airport operations at MSP; noise
considerations are discussed below.
Lots — The subdivision will create four lots that exceed the 12,000 SF minimum R-1 lot size and
85' lot width requirements; the proposed lots range in size from 14,053 SF to 15,154 SF.
Dens i — The proposed subdivision will create four lots on 1.7 acres; resulting in a density of 2.3
units/acre.
Setbacks — The applicant has depicted the buildable area and possible building pads for each lot
that meet or exceed all R-1 zoning bulk standards for setback, building coverage
Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
in Metropolitan Development Guide that anticipates the impacts from the continued operation of
the airport at its -current location. The noise policy contours in Eagan place the subject property
within Noise Zone 4. The City's adopted Comprehensive Guide Plan currently designates the
area as LD, Low Density residential.
Within this area, infill single-family development would be conditional. To approve such
development in this area, the City Council would need to make acceptable findings concerning the
following Land Use Review Factors:
1. Indoor Sound Level: Proposed construction design will provide outdoor to indoor
attenuation required by structure performance standards.
2. Location: Located under major departure flight track used by jets.
3. Location: Located parallel to primary runway used by jets.
4. Location: Located parallel to runway to be used for unshielded engine run -ups.
5. Planning Considerations: Consistent with adjacent land use ambient noise; consistent with
the overall Comprehensive Plan.
6. Method of Disclosure: Local government has adopted effective method to inform future
occupants of aircraft noise exposure.
With respect to the factual aspects of the Review Factors, the site is located approximately two
miles southeast of the parallel runways at MSP, adjacent to primary arrival and departure flight
tracks for those runways; in between the 60 and 65 db noise corridors. The property is also
approximately two miles from the engine maintenance and run up area. (Factors #2-4)
Planning Report — The Heritage of Highview
May 23, 2006
Page 4
The City's updated Land Use and Zoning Maps depict the Metropolitan Council's noise policy
contours. This will serve as notice to future occupants of the potential noise from aircraft
operations. (Factor #6)
If the City determines that findings concerning these conditions support the approval of this
application for in -fill development, it should be conditioned on the following: Architectural
designs and construction methods for new construction within the development should incorporate
sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared
with a noise level of 65 DNL. This would require an inside noise level reduction of at least
20 dBA. (Factors #1 & #5)
Grading — The preliminary grading plan is acceptable with modifications. The site is relatively
flat and generally slopes from its center north to Highview Avenue and south toward Highview
Park.
Storm Drainage — The preliminary storm drainage plan is acceptable with modifications. The
storm water runoff from a majority of the development is proposed to drain to the proposed cul-
de-sac and into existing storm sewer within Highview Avenue. The existing storm sewer
connects to the storm sewer pipe system within Pilot Knob Road. The remainder of storm water
runoff will drain to adjacent properties in amounts equal to or less than current conditions.
Utilities — The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient
size, depth and capacity is available for connection from Highview Avenue. All existing sanitary
sewer and water services should be abandoned in accordance with City Public Works standards
as part of this development.
Streets/Access/Circulation — Public street access for the development is proposed from the
extension of "Highview Court" south from Highview Avenue. Highview Court is proposed as a
200 -foot long cul-de-sac 4t dimensions in accordance with City standards.
A public bituminous -surface trail is proposed between Lots 2 and 3 from Highview Court to
provide public pedestrian access to Highview Park from the north. This trail connection should
be constructed by the developer prior to issuance of building permits for the proposed houses on
Lot 2 or Lot 3.
Easements/Permits/Right-of-Way — The developer should dedicate a public trail easement
(minimum of 15 feet in width) to cover the proposed trail between Lots 2 and.3.
The easement should be recorded with the final plat.
Financial Obligation — At this time, there are no pending assessments on the parcel proposed for
platting.
Based upon a study -by City staff of the financial obligations collected in -the past and proposed
use for the property, the following estimated charges will be collected at time of final subdivision
or connection to the City's utility system. The final charges will be computed using the rates in
97
Planning Report — The Heritage of Highview
May 23, 2006
Page 5
effect at time of connection or subdivision. The estimated financial obligation is subject to
change based upon the areas, dimensions and land uses contained in the final subdivision or plat,
with due allowances for easements and right-of-way required with the plat:
Im rovement
Use
Rate
Quantity
Amount
Sanitary Lateral
SF
$26.70/ ff
160 ff
$4,120
Storm Sewer Trunk
SF
$0.103/ sf
48,003 sf
$4,945
Water Trunk'
SF
$1,170/ lot
4 lots
$4,680
Total
$13,741
Water Quality/Wetlands — Given the limited size of the subject site, Water Quality requirements
should be met with a cash dedication. There. are no wetlands on the property.
Tree Preservation — There are 44 significant trees on site. The Tree Preservation Plan indicates
removal of 16 significant trees (36.4% of the total) which is under the allowed 40% removal for
this type of development; as such, there is no required tree mitigation.
The applicant should submit a revised Tree Preservation Plan that illustrates the placement of
Tree Protection measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety
netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is
greater, of significant trees/woodlands to be preserved on-site.
The applicant should also contact the Forestry Division to set up a pre -construction site
inspection at least five days prior to mg to ensure compliance with the approved Tree
Preservation Plan and placement of the Tree Protection Fencing.
Parks & Recreation — The project should be subject to a cash park dedication, ($3,278/unit) for
net increase in lots (three). The applicant's trail dedication ($238/unit) for three lots should be
credited by the amount of the construction cost for the Highview Park trail connection.
Construction costs not covered by trail dedication should be credited to the three lot park
dedication.
For 2006 projects, the City Engineering Division calculated credit of $15 per lineal foot of
81wide bituminous trail would be applied. Because the estimated value of the credit may
exceed the calculated trail dedication a small credit could be applied toward the park .
dedication. Based on 2006 figures, the following dedication amounts would be required. The
trail construction costs are estimates and would be calculated at the time. of final plat
approval through the development contract.
Trail Dedication =
Park Dedication =
Total dedication =
Trail Construction Credit = (90'x $15 = $1,350)
Approx Balance Dedication Due =
$ 714
9834
10,548
(1,350)
$ 9,198
Planning Report — The Heritage of Highview
May 23, 2006
Page 6
SUMMARY/CONCLUSION
The proposed subdivision meets all R-1 zoning and bulk standards, proposes tree removal under
the allowable limit and appears compatible with this single family detached area. With respect to
airport noise, the in -fill site's location requires sound attenuation measures be utilized with the
construction of each new home.
ACTION TO BE CONSIDERED
To recommend approval of a Preliminary Subdivision (The Heritage of Highview) consisting
of four lots on 1.7 acres located at 1420 Highview Avenue on the south side of Highview Ave
just west of Pilot Knob Road in the SE 1/4 of Section 4.
If approved, the City has determined that conditions support the approval of this infill
development and the following conditions shall apply:
1. The developer shall comply with the following standard conditions of plat approval as
adopted by Council on February 2, 1993: A1, B1, C1-3, D1, and E1.
2. The property shall be platted.
3. Architectural designs and construction methods for new construction within the development
shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45
dBA as compared with a noise level of 65 DNL. This would require an inside noise level
reduction of at least 20 dBA.
4. All existing sanitary sewer and water services shall be abandoned in accordance with City
Public Works standards as part of this development.
5. The trail connection between Lots 2 and 3 shall be constructed by the developer prior to
issuance of building permits for the proposed houses on those lots. .
6. The developer shall dedicate a public trail easement, in a form acceptable to the City
Attorney, (minimum of 15 feet in width) to cover the proposed trail between Lots 2 and 3.
7. Water Quality requirements shall be via a cash dedication.
8. The developer shall submit a revised Tree Preservation Plan with the Final Subdivision
application that illustrates the placement of Tree Protection measures (i.e. orange colored silt
fence or 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the
perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be
preserved on-site.
Planning Report — The Heritage of Highview
May 23, 2006
Page 7
9. The developer shall also contact the Forestry Division to set up a pre -construction site
inspection at least five days prior to grading to ensure compliance with the approved Tree
Preservation Plan and placement of the Tree Protection Fencing.
10. The developer is subject to a cash park and trail dedication for three lots based on the net
increase of homes.
11. The developer's trail dedication shall be credited to the cost of constructing the trail
connection to Highview Park. Construction costs not covered by trail dedication should be
credited to the three lot park dedication.
210
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
This development shall accept its additional financial obligations as
defined in the staffs report in accordance with the final plat dimensions
and the rates in effect at the time of final plat approval.
B. Easements and Rights -of -Way
This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines . and, in addition, where necessary to
accommodate existing or proposed utilities for drainage ways within the
plat. The development shall dedicate easements of sufficient width and
location as determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and
storage capacity of all required public utilities . and streets located beyond
the boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary
slope easements for ultimate development of adjacent roadways as
required by the appropriate jurisdictional agency.
4. . This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems, and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines, and policies prior to application for
final plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval. .
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
/d/
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the
appropriate project must be approved by Council action prior to final plat
approval.
E. Permits.
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedications
This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks Commission and approved by
Council action.
G. Water Ouality Dedication
This development shall be responsible for provided a cash dedication,
ponding, or a combination thereof in accordance with the criteria
identified in the City's Water Quality Management Plan, as recommended
by the Advisory Parks Commission and approved by Council action.
H. Other
1. All subdivision, zoning, and other ordinances affecting this development
shall be adhered to, unless specifically granted a Variance by Council
action.
Advisory Planning Commission
Approved: August 25, 1987
G:Engineering/Forms/Standard Conditions of Plat Approval
City Council
September 15. 1987
Revised: July 10, 1990
Revised: February 2, 1993
102,
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Preliminary Subdivision
Case No.:
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FINANCIAL OBLIGATION LEGEND
Storm Sewer Trunk
Water Trunk
••••••• Sanitary Sewer ( 160 ff. )
" The Heritage of Highview Addition"
City Of Eagan Financial. Obligation
Engineering Department
—7
Preliminary Plat - "HIGHVIEW ESTATES"
1420 Highview Avenue, Eagan, MN
Supporting Information
Overview
The Owner/Applicant is proposing a four lot Preliminary Plat subdivision for the existing 1.7 -acre
parcel of land located near the southwest comer of Highview Ave and Pilot Knob Rd. An early
1960s era single family home.is located on the site. The owner occupies the home.
Site Conditions
Current zoning is R-1. Proposed zoning is R-1. Comprehensive Guide Plan designation is
Residential. Comprehensive Guide Plan will remain Residential.
The home is accessed by an existing loop driveway. City sewer and water serve the home. The
proposed plan calls for removing the existing home. Four new homes would be located on a cul-
de-sac. Lot sizes are approximately 1/3 acre. Sewer and Water utilities are currently available on
Highview Avenue for use with the single-family homes.
The site is open in nature. Mowed lawn and a few trees exist on the site. The site is a Level 1
area with respect to wetlands. There are no wetlands on the project. An open -space style city
park abuts the site to the south.
Surrounding land uses within 600 feet include single-family residential, commercialand
park/open space.
Design Criteria
No zoning changes or variances are required for this development. Each lot meets the 12,000
square foot area requirement. City utilities will be extended south' to serve the four lots. The
following design parameters were reviewed:
Minimized site disturbance (best fit
house)
Opportunity to minimize tree loss
Shortest cul-de-sac
• Burial of overhead utility lines
• Comparison of adjacent lot criteria
• Existing neighborhood layout
Neighborhood Conditions
Specific proximity to the Pilot Knob Road/494 area makes the site very amenable for single-
family home use. A four -lot division is in character with recent development to the west.
Existing traffic near the site is residential in nature. The project is located on the easterly end of
Highview Avenue.. This street serves a couple residential streets to the south and west.
Highview Avenue connects to Sibley Memorial Highway near the Lost Spur Golf course.
Residents leaving the site would generally go east to access Pilot Knob Road. Proposed traffic
//D
66
RECEIVED APR 19 2006
1420 Highview Ave
Page 2 of 4
would be homeowner vehicles along with weekly refuse pickup. Trips generated by the new
homes will be minimal.
Care was taken to minimize the grading and tree impact for this project. New landscaping will be
planted around each new home. The owner will work with the neighbors to minimize access
disruptions while a sewer and water service is installed.
Effects on streets, utilities, and narks:
The change is in line with the Comprehensive Plan for this area. Utility construction will connect
the proposed homes to the existing sanitary sewer and watermain located within Highview
Avenue. Current utilities are of adequate size for the proposed homes. Metropolitan Council
sewer and water access charges will.be paid for the additional home sites.
Parkland dedication fees will be paid in lieu of land. $9,834 will be paid to the City for use of
new park acquisition and or enhancement.
RECEIVED APR 19 2666
Z:\Docs 10900\10924\Correspondence\City\PRELIMINARY PLAT Narrative 4-17-06.doc
1420 Highview Ave
Anulicant and Consultant Data
Applicant/Owner:
Gloria Fritz
1420 Highview Avenue
Eagan, MN 55121
651.454.1762 phone & fax
651.755.0824 cellular
Professional Consultants:
Michael Brandvold, P.E.
Jack Bolke, L.S.
Anderson Engineering of MN
13605 1 st Ave N
Plymouth MN 55441
763.412.4017 phone
763.383.1089 fax
Page 3 of 4
RECEIVED AP''R
Z:\Docs 10900\10924\Correspondence\C4\PRELIMINARY PLAT Narrabve 4-17-06.doc
112 10
1420 Highview Ave
Legal Description
Page 4 of 4
Lot 2 and 3, Block 1, Highview Park Addition, Dakota County, Minnesota.
RECEIVED APR 19 2006
Z:\Docs 10900\10924\Correspondence\City\PRELIMINARY PLAT Narrative 4-17-06.doc
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N.9fr STA E OF, MINNESOTA
0)0 COUNTY OF Alio�f}
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John E. 0": oole and Eileen E. C
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to 4 01 I 8� d STATE OF:MIN�lESOT
;-�t � � !y COUNTY OF F4-JCo
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KN.06V ALL >SES BY THESE, PRESENTS i That Ursula -Serres:, a single person, 'owner and:�roprietor; and: Sohn E STATE OF MINNESOTA
MU,
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City. of Evan Am
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JUNE 1% 2006
SUBJECT: ADDITIONAL INFORMATION / JUNE 20, 2006 CITY COUNCIL MEETING
CONSENT AGENDA
B. PERSONNEL ITEMS
Item 7. Resignation/Police Officer—
ACTION TO BE CONSIDERED:
To accept the letter of resignation from Police Officer Andrew Rapaway.
Z. Tree Contractor License — Immediate Response, LLC — To approve the application for
r......,.,.a:..t Respense, LLC, 8850 540Lh Street, Rush City, MN fer a Tree .1--int—en—mee Gentraeter
License.
/s/ Thomas L. Hedges
Cfif Administrator
14
ADMINISTRATIVE AGENDA
REGULAR CITY COUNCIL MEETING
EAGAN, MINNESOTA
JUNE 19, 2006
CITY ATTORNEY
CITY ADMINISTRATOR
DIRECTOR OF PUBLIC WORKS
Item 1. Gopher Commons — Preliminary Plat
DIRECTOR OF COMMUNITY DEVELOPMENT
Item 1. Redevelopment District Update
Item 2. Development/Construction Activity
�CityofEapu demo
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JUNE 199 2006
SUBJECT: ADMINISTRATIVE AGENDA / JUNE 20, 2006 CITY COUNCIL MEETING
CITY ATTORNEY
The City Council reserves the right to schedule an Executive Session/Closed Session for the
purpose of considering threatened or pending litigation and matters of personnel.
CITY ADMINISTRATOR
There are no items at this time.
DIRECTOR OF PUBLIC WORKS
Item 1. Gopher Commons — Preliminary Plat (Access Spacing Variance Request) — On
January 24, the Advisory Planning Commission recommended approval of the proposed "Gopher
Commons" subdivision located in the southwest quadrant of TH 149 and Yankee Doodle Rd.
subject to various conditions. On January 9, the County Plat Commission had previously reviewed
the proposed Preliminary Plat and recommended denial due to access spacing concerns. The
subdivision application has not progressed to the City Council for consideration while the applicant
and City staff evaluated various alternatives in an effort to address the County's concerns. After
several meetings with County staff and representatives of the County Plat Commission, City staff
believes there may be an opportunity for favorable consideration of a variance to the County's
Access Spacing guidelines allowing the development proposal to proceed to the Council for formal
consideration. However, this requires the City to submit a request for a variance to these guidelines.
Enclosed on pages through is a copy of the proposed development and the
"Talking Points" that have een used to support this variance request.
ACTION TO BE CONSIDERED:
Authorize City Staff to submit a request for a Variance to the County's Access Spacing guidelines
for the proposed Gopher Commons Addition.
COMMUNITY DEVELOPMENT DIRECTOR
Item 1. Redevelopment District Update — Staff is providing regular updates to the City Council
regarding the City's redevelopment districts as a part of each administrative agenda. In addition to
up:
the information enclosed on pages U�— through , staff will be available to provide
comments or respond to questions relative to the redevelopment projects at Tuesday's meeting.
Item 2. Development/Construction Activity — Per the Council's request, Community
Development staff will provide bi-weekly uDdates of larger development and construction activity.
The current update is enclosed on page 0.
/s/ Thomas L. Hedges
City Administrator
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Talking Points for Discussion with Dakota County Plat Commission
GOPHER COMMONS ACCESS TO
CSAH 28 (YANKEE DOODLE ROAD)
05-24-06
Background
1. A full access median break is currently located on County State Aid Highway
(CSAH) 28, approximately 800ft west of TH 149. It provides full turning
movements serving Gopher Resources Corp. on the north side, and an entrance to
a 20 -acre aggregate recycling operation on the south side (proposed Gopher
Commons commercial development). The location of this intersection also
provides a major access (via a dedicated easement and planned future road
connection) to Opperman Drive and its signalized intersection with TH 149,
serving the greater Thomson -West corporate campus.
2. This 20 -acre Gopher Commons parcel has—1,090ft of frontage along CSAH 28
(Yankee Doodle Rd) and is bounded by the C.P. Railroad on its east side and a 5
million gallon water reservoir on a 44 ft. high hill along its west side. This
parcel's west property line is located—1,175ft from TH 149 to the east and 1,495
from Elrene Rd to the west.
3. This section of CSAH 28 is classified as an A -Minor Arterial roadway with a
2000 traffic volume count of 12,000 ADT and a 2025 projected traffic volume
estimate of 23,500 ADT.
4.. The County's current access spacing guidelines identify a 1/4 mile (1,320 ft)
separation between full access medians for this classification and traffic volume
projection.
Issue
1. The County has expressed a desire to have the current full movement access
corrected to meet their current spacing guidelines as part of their consideration of
plat approval for the proposed Gopher Commons development.
2. The standard 1/4 -mile spacing is located beyond the parcel's west property line and
adjacent to the City's 5 MG water reservoir. Subsequently, there is no opportunity
to achieve the desired'/4-mile spacing as part of platting this property.
Histo
1. In 1990, a draft Environmental Impact Statement (EIS) was prepared for the
proposed West Publishing's developmentlexpansion. Their long-term
development plans showed a future road extension from Opperman Dr (near TH
149) north to County State Aid Highway (CSAR) 28 — Yankee Doodle Rd. No
comments were submitted in regards to the required access to Yankee Doodle Rd.
An Indirect Source Permit (ISP) was. also prepared for the West development
expansion plans referencing this County Road connection as well.
10,0
2. In 1994, the City and County mutually begin the process to upgrade CSAH 28 to
a 4 -lane divided highway from Co. Rd. 43 (Lexington Ave.) to TH 149. Dakota
County was the lead agency, and together with the City, hosted various open
houses and public hearings presenting the proposed design section and alignment,
including the current location of the West Publishing easement and access.
3. In 1995, Dakota County prepared the required EAW for the project referencing
West Publishing's ISP (stipulating the current full access to Y.D. Rd.). The EAW
includes graphics showing the necessary relocation of the pre-existing access
driveway for the Gopher Smelting Corp. property (on the north side) to line up
with West's Opperman Dr. access easement. Additional correspondence to West
Publishing from the County references the new relocated full access designed
intersection that exists today.
4. The upgrade of the pre-existing Gopher Smelting driveway into a frontage road
and its relocation further west was also limited by environmental concerns on the
property along the north side of Y.D. Rd. in addition to the dedicated easement of
West's Opperman Dr. Access easement and the location and elevation of the
City's water reservoir.
Considerations
1. The County's interests to achieve 1/4 -mile spacing along this classification of
county highway is to promote safety and increase mobility. Their Transportation
Plan's strategy is to achieve this goal whenever possible through conditional
approval of plats under their Contiguous Platting Ordinance.
2. This parcel does not have the ability or authority to relocate the current access to
med dae desired ffiteLSOUtiOn Spacing. WM e the ement access is located. 300+ft
east of 'its west property line, there are significant constraints that inhibit the
benefit of even trying to achieve closer compliance with the required spacing
dimension, namely:
a. If the access were moved to the west, it approaches the crest of the hill on
the County Rd. creating sight and stopping distance concerns.
b. The compatible requirement to relocate the north frontage road serving
Gopher Resources further to the west puts it into an environmentally
sensitive area that the County purposefully wanted to stay away from
during the original design & planning process for County Contract 28-12.
c. There are significant costs associated with any County Rd. intersection
relocation (median reconstruction, turn lanes, etc.). Relocation of this
intersection would also be impacted by the William Bros Pipeline
easement, substantial retaining walls adjacent to the City's elevated water
reservoir property and concerns with supporting ground stability for the
existing reservoir and a planned additional tank.
d. The Gopher parcel does not have controlling rights to West's exclusive
Opperman Dr. access easement to Y.D. Rd. which is shown on the
construction drawings from the 1995 project.
1#
3. There simply does not appear to be an effective "cost/benefit" justification to
impose it condition that would require that the current intersection which was
designed and approved by the County in 1995 be relocated to a point which would
still not meet the County's spacing guidelines.
4. The recent completion (2005) of the extension of this CSAR 28 from TH 149 into
Inver Grove Heights by Dakota County established its first full movement access
intersection at the approximate same spacing (800 ft from TH 149) as West's
Opperman connection intersection due to property line constraints.
GAP/Projects/Private/Gopher CommonshaUdng points
laS
City of Eap Nero
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JUNE 19, 2006
SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE
The following update reflects activity in the City's redevelopment districts.
General Redevelopment
• Impact of Eminent Domain Legislation on Redevelopment Districts — In consideration of the
2006 law changes, staff, Ehlers and Associates and the City Attorney will develop a property
acquisition plan for the two Eagan Redevelopment Districts that were in place prior to February
1, 2006. Acquisition must occur within five years of the certification of the district, which will
be August 8, 2007 in the case of the Northeast Eagan District and July 22, 2008 in the case of the
Cedar Grove District.
Cedar Grove Redevelopment District
• First Phase Development Plans — The public purpose hearing for the acquisition of the
Cedarvale Mall is scheduled for Friday morning, June 23. Staff and the developer continue to
meet to coordinate the submittal and review of the first phase development applications. The
U! U'VVIlLoper has "in icated that they are hiring a new site planner te seed cens®Pt plan
that takes into account updated market study information and alternatives for the design of the
east end of the core area in consideration of the refocused transit station location on the west end
of the site.
Silver Bell Center Remodeling — The owners of Silver Bell Center, next to McDonalds, have
indicated that they will be proceeding with the refacing and remodeling of the shopping center to
meet the CGD standards. The option agreements to hold spaces at Silver Bell for Cedarvale
Barbers, Mike's Shoe Repair, Cedarvale Tailors and Burton's Frame Shop have been executed.
Acquisition and Relocation Plans — Staff is in contact with the owners of All American
Recreation and the Shell Station and are waiting for appraisals from Ellingson and Associates
and Steve Martin for to negotiate the acquisition of those properties. Staff has also discussed
possible acquisition with the owners of the Sinclair Station and Kelly Plourde Sales. Several
other property owners are actively seeking new sites for their businesses.
Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is
being distributed to businesses in the area. Website updates also continue.
Northeast Eatan Redevelopment District
• Grand Oaks Development — Construction is complet on first office building, retail center
and bank building. Construction is also underway on the Grand Oak 11 office building on the
former site of the TMI building.
• TMI Relocation Assistance Appeal — TMI has submitted a written request for a hearing to
consider their appeal on relocation claims that the City's relocation consultant has denied, for
various reasons. The hearing officer under the policy is the Inver Grove Heights City
Attorney. That office is in the process of requesting detailed background on the claim from
TMI, which will be necessary before they can schedule a hearing date.
• McGough Office Project — The developer submitted revised offers to the four remaining
property owners in the Blue Gentian Circle area. Roger Reiling requested mediation to
resolve differences in valuations. Some of the other property owners indicated that they
would consider responses based on the mediation with Mr. Reiling. A mediation session on
Thursday, May 18 permitted the parties to approach a mutually acceptable square footage
price, but differences remain on the total square footage believed to be owned by Mr. Reiling.
Staff has asked for an update on the status of negotiations. If no further progress is likely due
to the disagreement on the area owned, the City Attorney's office has had appraisals of the
property prepared and is in a position to request that the parties begin to negotiate with the
City instead.
• Hwy 55 Parcels — Greg Miller of Interstate Partners has approached staff regarding their
negotiations to acquire the Cheney property and a portion of the DART Transit property in
that part of the District south of Hwy 55 for possible redevelopment as an office showroom
product similar to Grand Oak 6. If the negotiations are successful, Interstate would ask the
City to consider assistance with the acquisition of the motel property and the installation of
public improvements in the area. The concept plan does not include the Hose -Conveyor
building or the two DART parcels closest to the Hwy 55-149 intersection.
Southeast Eagan Masterplan
• The City Council will consider the final resolution to create the district at its meeting on June
20.
lad
City of Eavan demo
TO.: Jon Hohenstein, Community Development Director
FROM: Dale Schoeppner, Chief Building Official
Mike Ridley, City Planner
DATE: June 15, 2006
SUBJECT: Development/Construction Activity Update
The following update reflects recent activity in the Building and Planning Divisions.
Permits Issued
Address Explanation Valuation Type
No activity over $100,000 since the last update.
Planning/Development Update
➢ The Window Sign Task Force concluded it's meetings on June 6; the outcome of the
group's efforts will be shared at a Council Workshop this fall.
➢ Progress has been made with Dakota County relative to access and the pending Gopher
Commons subdivision/development proposal at Yankee Doodle and Hwy 149.
Staff will be happy to provide a brief overview of these items and/or respond to questions at
Tuesday's meeting: As always, staff is available between meetings to respond to questions that may
come to Council members' attention from the community.
IMMUding Addy Reporfs/Commerolal Reports for CC/2006
C46
AGENDA "
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
June 20, 2006
6:30 P.M.
L ROLL CALL & PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA (At approximately 8: 00 p. m. the Council will take a short recess)
III. RECOGNITIONS & PRESENTATIONS
A. Recognition of Eagan Explorers Post for 20 years of Service
IV. CONSENT AGENDA
-9.8 A, APPROVE MINUTES
P, 11 B. PERSONNEL ITEMS
19 (a C. APPROVE CHECK REGISTERS
D. APPROVE resolution naming authorized bank account signers
P(� IS E. APPROVE Municipal Electronic Voting System Plan
1Q2F. ACCEPT -donation of $6,500 from the Crime Prevention Association for the purchase of a 1965 squad car
f.01X G. APPROVE Kennel License for Lesley Tscherne, 3812 Blackhawk Ridge Place
H. APPROVE 2006 - 2007 license renewals for massage therapist establishments
APPROVE 2006 - 2007 license for renewals for amusement devices
J. APPROVE application for the Eagan Foundation to conduct bingo on July 4
K. RECEIVE Feasibility Report and Schedule Public Hearing (July 18, 2006) for Project 929 (Red Pine Lane /Gun
Club Road — Street Improvements)
P.Z1 L. RELEASE Development Contract, Cedar Bluffs Business Center
n.�M. RECEIVE Bids and Award Contract 06-07 (Sewer Lining)
.t�v SCHEDULE Public Hearing (July 18, 2006) for Project 858 (Sibley Terminal Industrial Park — Storm Sewer
Improvement)
�3 O. APPROVE Findings of Fact establishing a Redevelopment Plan for Southeast Eagan Redevelopment Project Area
No. 1 and establishing Southeast Eagan Tax Increment Financing District No. .1 therein and adopting a Tax
Increment Financing Plan and District and authorize a request for certification of the district by Dakota County
P� S�P. APPROVE Final Subdivision — Yankee Square — A final subdivision of 4.99 acres to create. 3 lots located on Lot 1,
Block 2, Bicentennial Seventh Addition, and Lot 1, Block 1, Bicentennial Sixth Addition in the NE'/a of Section 16
,aoQ. APPROVE Premise Permit renewal for Metro Baseball League to conduct pull -tab operations at Joe Sensers Sports
Grill and Bar, 3010 Eagandale Place
P9IR. AWARD contract to Harris Contracting Company for the purpose of installing energy conservation measures at the
Eagan Civic Arena and authorize the Mayor to sign the appropriate documents
'P. 0S. RECEIVE petition and schedule public hearing (July 18, 2006) to consider vacation of public right-of-way (Gun
Club Road)
P• VT. APPROVE final payment and authorize City maintenance of Contract 04-05 (Well No. 20 pumping equipment).
P.61 U. ACCEPT a donation from the Eagan Lioness for a bench to be placed within Central Park
P. ( &V. APPROVE the hiring of Community Technology Advisors to assist with updating the Comprehensive Plan and City
Code
p.7), W. APPROVE request for extension of time to record final plat for Oakview Center 2nd Addition
p. X. AWARD bid for a diesel exhaust removal system for the five fire stations
P r Y. APPROVE Extension for Recording the Final Plat of Kennerick Third Addition— Gail McMahon
V. PUBLIC HEARINGS
VI. OLD BUSINESS
P• jo'
7/_ A. COMPREHENSIVE GUIDE PLAN AMENDMENT — Paster Enterprises, LLC. A Comprehensive Guide Plan
1' Amendment of approximately 24 acres from Special Area — Office/Service to Special Area — Commercial Retail
located in the SE '/< of Section 9.
VII. NEW BUSINESS
P. 80 A. CONDITIONAL USE PERMIT — Shawnee Associates — A Conditional Use Permit to allow outside storage of
material in transit located at 1904 Shawnee Road on Lot 4, Block 2, Cedar Industrial Park in the SW V4 of Section
17.
B. PRELIMINARY SUBDIVISION — The Heritage of Highview — Gloria Fritz — A Preliminary Subdivision of 1.7
acres to create 4 single family lots located at 1420 Highview Avenue on Lot 2 and 3, Block 1, Highview Park
Addition in the SW '/4 of Section 4.
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ECONOMIC DEVELOPMENT AUTHORITY
There are no regular business items to come before the EDA at this time. The EDA will be asked to hold an executive
sessionto discuss negotiations for the possible acquisitions of the Cedar Grove Shell Station. The EDA will adjourn
its meeting at the close of the executive session
A.
CALL TO ORDER
B.
ADOPT AGENDA
C.
APPROVE MINUTES
D.
OLD BUSINESS
E.
NEW BUSINESS
F.
OTHER BUSINESS
X. ADMINISTRATIVE AGENDA
XI. VISITORS TO BE HEARD (for those persons not on agenda)
XII. CLOSED SESSION
XIII. ADJOURNMENT
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and
employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or
status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96
hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid.
CityEatanof
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
ma
DATE: JUNE 16, 2006
SUBJECT: AGENDA INFORMATION FOR JUNE 20, 2006 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the June 20, 2006 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
June 13, 2006, Eagan City Council Meeting
III. Recognitions and Presentations
ACTION TO BE CONSIDERED:
Recognize the Eagan Police Explorers for 20 Years of Service to the Community
FACTS:
• The Eagan Explorer Post was established in 1986
• The Explorer Post is comprised of young adults (ages 14-21) who volunteer their
time to the community
• Currently, there are 15 members in the Eagan Post
• Members of the Explorer Post donated approximately 5000 hours of time to the
community in 2005.
• The police department supports this group by dedicating one sergeant, along with
three police officers who act as advisors.
• At a recent conference in Breezy Point, MN, the Eagan Explorer Post competed
against other Posts and won a number of trophies.
No Attachments
Agenda Information Memo
June 6, 2006 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 the June 6, 2006 regular City Council meeting as presented or
modified.
ATTACHMENTS:
• Minutes of the June 6, 2006 regular City Council meeting are enclosed on pages
through �.
3
mok
VRAMINUTES OF A REGULAR MEETING OF THE F T
EAGAN CITY COUNCIL
Eagan, Minnesota
June 6, 2006
A Listening Session was held prior to the regular City Council meeting at 6:00 p.m. in the Eagan Room. Present
were Mayor Geagan, Councihnembers Fields, Maguire, Carlson and Tilley. There were no visitors who wished to
be heard.
A regular meeting of the Eagan City Council was held on May 16, 2006 at 6:30 p.m. at. the Eagan Municipal Center.
Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley, and Maguire. Also present were City
Administrator Tom Hedges, Community Development Director Jon Hohenstein, Public Works Director Tom
Colbert, City Attorney Mike Dougherty, and Administrative Secretary / Deputy Clerk Mira Pepper.
AGENDA
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the agenda as presented.
Aye:5 Nay:0
RECOGNITIONS AND PRESENTATIONS
CONSENT AGENDA
Councilmember Maguire pulled items D, E, and I for discussion.
Councilmember Tilley moved, Councilmember Carlson seconded a motion to approve the balance of the consent .
agenda. Aye: 5 Nay:0
A. Minutes. It was recommended to approve the minutes of the May 9, 2006 special City Council meeting and
the May 16, 2006 regular City Council meeting as presented.
B. Personnel Items.
1. It was recommended to appoint Deputy Chief McDonald as Acting Chief of Police effective May
27, 2006.
2. It was recommended to approve the hiring of Natalie Jones and Emily Thorkildson as part-time
seasonal recreation leaders.
3. It was recommended to approve the hiring of Michelle Finlon, Kelley Hammond, Elizabeth
Anderson, Andrew Johnson and Laura Farlee as part-time seasonal recreation assistants.
4. It was recommended to approve the hiring of Judith Forde, Jackie Carlson, Joan Rodgers, Pamela
Clarke -Garcia and Barb Mason as part-time seasonal preschool teachers.
5. It was recommended to approve the hiring of Sandy Kukulski as a part-time seasonal preschool
assistant.
6. It was recommended to approve the hiring of Amber Geske as a part-time seasonal puppet wagon
site coordinator.
7. It was recommended to approve the hiring of Jeffrey Brooker, Elise Chell, Gordon Dentinger, Tim
Dornseif, Patrick Flannigan, Stephen Foertsch, Jesse Guillette, Christopher Hoffman, Brian
Hopkins, Micharl Hopkins, Tori Johnson, Cassy Lenz, Jake Loesch, Peter McIlhon, Nicolas
Mestad, Brina Meyers, Steve Nelson, Tricia Nutters, Brian Polkowski, Bryon Seppamaki, Daniel
Streefland, Matthew Steele, Aaron Vermer, Tyler VonDelinde, David Jungers, Marcia Weitzel,
Jacob Loesch, Robert Rausch, Andrew Koppang, Megan Grouws, Luke Selby, Richard Lemay,
Adam Nelson, Frank Kocer, Joseph Carchedi, Kevin Stevenson, Ryan Newmann, Kevin Weber,
Jacob Krinhop, Geoff Cleveland, David Streefland and Lindsey Carlson as seasonal parks
maintenance workers.
8. It was recommended to approve the hiring of Michael Graves, David Tripp, Alec Graham, William
Boyd and Matt Smith as seasonal utilities maintenance workers.
9. It was recommended to approve the hiring of Catherine Ayers, Brandon Hughson and Tyler Olson
as seasonal GIS interns in Utilities.
10. It was recommended to approve revisions to the Leave of Absence Policy as presented.
11. It was recommended to approve the RFP for Health Insurance Coverage for 2007 as presented.
q-
'Eagan City Council Meeting Minutes
June 6, 2006
Page 2
C. Check Registers. It was recommended to ratify the check registers dated May 18, 2006, May 25, 2006 and
June 1, 2006 as presented.
D. Pulled for discussion. Parade Permit.
E. Pulled for discussion. Shows License.
F. Amusement Device License. It was recommended to approve an Amusement Device License for Namco
Cybertainment, Inc.
G. Classification of Tax Forfeited Property. It was recommended to declare the following parcels as non -
conservation land:
1. 10-22750-010-00 (Eden Addition Outlot A)
2. 10-22451-241-01 (Eagan metro Center 2nd Addition Shannon Glen Condo No. 1, Garage #68)
H. Off -Sale Liquor License for Black Diamond Liquor, LLC, dba Black Diamond Liquor, 525 Diffley Road,
Suite.1030.
I. Pulled for Discussion Temgorary 3.2 Percent Malt Liquor License.
J. Temporary On -Sale Liquor License. It was recommended to approve a Temporary On -Sale Liquor License
for Faithful Shepherd Catholic School and Waive $150 Fee.
K. Precinct 5 PollingPlace. It was recommended to approve a resolution establishing Mount Calvary Lutheran
Church, 3930 Rahn Road, as the new polling place for Precinct 5.
L. Airport Noise Study. It was recommended to approve the hiring of Orfield Laboratories, Inc. to conduct the
second phase of the airport noise study.
M. 5 Year Capital Improvement Plan (2007-2011). It was recommended to approve the 5 -year Capital
Improvement Plan for 2007-2011 and authorize the initiation of the public improvement process for the
2007 -programmed improvements.
N. Project 934. It was recommended to approve an agreement. with. Dakota County for Engineering and
Construction for Project 934 (Galaxie AvenueBlackhawk Road at Cliff Road — Intersection
Reconfiguration) and authorize the Mayor and Deputy City Clerk to execute all related documents.
O. Project 768. It was recommended to authorize the preparation of detailed plans and specifications for
Project 768 (Northwood parkway, Ring -Road Extension — Bridge and Street Improvements) and the
associated contract with SRF Consulting Group, Inc.
P. Negotiations for Property_ Acquisition. It was recommended to authorize negotiations by City staff for
acquisition of property located within Yankee Plaza Addition as identified in Eagan Right of Way Map No.
669-2 (Official Map of Duckwood Drive — Ring Road Concept).
Q. Contract 06-02. It was recommended to approve Change Order No. 2 to Contract 06-02 (Citywide — Street
and Sidewalk Improvements) and authorize the Mayor and City Clerk to execute all related documents.
R. Airport Relations Commission. It was recommended to appoint ARC alternate Steve Beseke to a one-year
. term on the ARC to fill the vacancy that resulted from the resignation of ARC member Dan Flanagan.
S. Easement Vacation. It was recommended to receive the petition to vacate a portion of public right-of-way
(Eagan Woods Drive) within Outlot A, Eagan Woods Office Park Addition and schedule a public hearing to
be held on July 5, 2006.
T. Rosemount Comprehensive Guide. It was recommended to approve comments to the City of Rosemount
regarding the Comprehensive Guide Plan Amendment for properties located on Highway 3.
U. Special City Council meetings for July 11 and August 8 cancelled and replaced with special meetings on
August 22 and 29. The regular council meeting -for September 19 was changed to September 26.
D. Parade Permit. Maguire questioned the difference in charges for parade entries. It was noted that State
Statute regulates fees for political entries. Council requested that the Lions Club review their policies for
future years.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve items D, E, and I.
E. Shows License. Approved a Shows License for the Eagan Lions / July 4d` Funfest to hold a carnival, street
dance, food vendors and fireworks event on July 34, 2006.
I. Tem, gM Liquor License. Approved the temporary 3.2 percent malt liquor license for the Eagan Lions
Club for the Fourth of July celebration (July 3-4, 2006) and waive the $25 license fee.
LZI
Eagan City Council Meeting Minutes DRAFT
,
June 6, 2006
Page 3
2005 COMPREHENSIVE ANNUAL FINANCIAL REPORT
City Administrator Hedges introduced Matt Mayer of Kern, DeWenter, Viere, Ltd. who made a presentation
regarding the 2005 Comprehensive Annual Financial Report.
Councilmember Maguire moved, Councilmember Carlson seconded a motion to receive and accept the 2005
Comprehensive Annual Financial Report. Aye: 5 Nay: 0
PUBLIC HEARINGS
SOUTHEAST EAGAN REDEVELOPMENT PLAN, TAX INCREMENT FINANCING DISTRICT AND
TAX INCREMENT FINANCING PLAN
City Administrator Hedges introduced this item regarding a redevelopment plan for Southeast Eagan Redevelopment
Project Area No. 1. Community Development Director Hohenstein gave a staff report. Sid Inman, Elhers and
Associates, provided an overview of the proposed Tax Increment Financing District.
Mayor Geagan opened the public hearing.
Betty Fedde, 1662 Norwood Drive, suggested that Council consider if the City can really afford the investment of the
proposed TIF district.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the
Council.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to close the public hearing and direct
findings of fact to approve a Resolution Adopting a Redevelopment Plan for Southeast Eagan Redevelopment
Project Area No. 1, a Resolution Establishing Southeast Eagan Tax Increment Financing District No. 1. therein and a
Resolution Adopting a Tax Increment Financing Plan for the District. Aye: 5 Nay: 0
VARIANCE TO EXCEED LOT COVERAGE AT 4387 BENT TREE LAND
TODD AND SUSAN JOHNSON
City Administrator Hedges introduced this item regarding a request for a Variance to exceed 20 percent lot coverage
by 1.26 percent for an addition to the principal structure at 4387 Bent Tree Lane. Community Development
Director Hohenstein gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council. Aye: 5 Nay: 0
Councilmember Maguire moved, Councilmember Tilley seconded a motion to approve a Variance from the 20
percent maximum building coverage standard in Residential zoning districts for construction of a 342 square foot
addition located at 4387 Bent Tree Lane (Lot 3, Block 1, Autumn Ridge 2nd Addition) in NE'/4 of Section 25;
subject to the following conditions: Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such extension
shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith
attempt to complete or utilize the use permitted in the variance.
2. The finish materials and color of the addition shall match the existing principle structure.
3. The addition shall be located as indicated on the site plan dated May 15, 2006.
4. Lot coverage shall not exceed 21.26 percent.
IA
Eagan City Council Meeting Minutes
June 6, 2006 DRAFT
Page 4.
VARIANCE
City Administrator Hedges introduced this item regarding a request for a 2.5% variance to the maximum 20% lot
coverage requirement for Lot 11, Block 2, Stoney Point 21d Addition at 1566 Lakeview Curve for the purpose of
reconstructing an addition to the home. Community Development Director Hohenstein gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember moved, Councilmember seconded a motion to approve a 2.5% Variance to the maximum 20% lot
coverage requirement for Lot 11, Block 2, Stoney Point 2nd Addition at 1566 Lakeview Curve for the purpose of
reconstructing an addition to the home; subject to the following conditions: Ayer 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the Council. Such extension
shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith
attempt to complete or utilize the use permitted in the variance.
2. The addition shall not exceed the size shown on the proposed site plan.
3. The exterior materials of the proposed addition shall match the existing structure.
PROJECT 778, TH 149 — STREET UPGRADE
City Administrator Hedges introduced this item regarding the Environmental Assessment / Environmental
Assessment Worksheet on the street upgrade for Trunk Highway 149. Public Works Director Colbert gave a staff
report. Kevin Oglund, SEH, made a presentation highlighting the key staging and scheduling points.
Mayor Geagan opened the public hearing. There being no public comment, he turned discussion back to the
Council.
Councilmembers discussed the proposed upgrade.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to receive comments and close the
public hearing on the Environmental Assessment/Environmental Assessment Worksheet for Project 778 (Trunk
Highway 149 — Street Upgrade). Aye: 5 Nay: 0
PROJECT 938, NICOLS ROAD — SIDEWALK IMPROVEMENTS
(PIN OAK DRIVE TO CLIFF ROAD)
City Administrator Hedges introduced this item regarding sidewalk improvements for Project 938, Pin Oak Drive to
Cliff Road. Traffic Engineer Tim Plath gave a staff report.
Mayor Geagan opened the public hearing.
Rick Casper, Casper's Sirloin Room, discussed pedestrian safety issues in regard to the sidewalk being constructed
on the west side of Nichols Road.
Phil Stallberger, a signer of the original petition, stated he felt a sidewalk is definitely needed in the area.
There being no further public comment, Mayor Geagan closed the hearing and turned discussion back to the Council.
Council consensus was to continue consideration of the sidewalk improvements to allow staff time to include an
option for sidewalks on the east side of Nichols Road.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue consideration of Project
938, (Nicols Road, Pin Oak Drive to Cliff Road Sidewalk Improvements) to July 18, 2006.
Aye: 5 Nay: 0
Eagan City Council Meeting Minutes r%
June 6, 2006 U J? ^ ,�+
Page 5 �`� r
OLD BUSINESS
COMPREHENSIVE LAND USE PLAN AMENDMENT — CITY OF EAGAN
City Administrator Hedges introduced this item regarding an amendment to the Comprehensive Guide Plan for
approximately 1.3 acres located on Outlot A, Kennealy Addition, from LD — Low Density to HD — High Density
Residential which was continued from the May 2, 2006 meeting. Community Development Director Hohenstein
gave a staff report.
After discussion of various options for the property, it was the consensus of the Council to leave the property zoned
as Low Density Residential.
No action was taken.
REPORT REGARDING THE RESOLUTION OF THE BLACKHAWK ROAD -RAPTOR
ROAD TRAIL EASEMENT
City Administrator Hedges introduced this item regarding the trail easement dispute between the Jacob Ingalls,
owner of a single-family lot adjacent to the Greyhawk subdivision and the Greyhawk Townhome Association which
was previously discussed at the April 18, 2006 Council meeting. Community Development Director Hohenstein
stated that the City Attorney had asked for an update from the parties but no updates have been recieved.
Nichole Whipple, President of.Homeowners Association stated there has been no progress in resolving the dispute.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to proceed with the acquisition of a trail
easement at the current trail location through eminent domain. Aye: 5 Nay: 0
WINTER TRAIL MAINTENANCE PROGRAM (2006-2007)
City Administrator Hedges introduced this item regarding proposed amendments to the 2006-2007 winter tail
maintenance program. Public Works Director Colbert discussed the proposed amendments.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the requested amendments to
the Winter Trail Maintenance Program for 2006-2007 except for the portion on the north side of Yankee Doodle Rd
from Lexington Avenue to Elrene Road. Aye: 5 Nay: 0
NEW BUSINESS
CONDITIONAL USE PERMIT — MOE'S SOUTHWEST GRILL
City Administrator Hedges introduced this item regarding a conditional use permit to allow -on -sale beer and wine in
conjunction with a restaurant at 1282 Town Centre Drive. Community Development Director Hohenstein gave a
staff report.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to
allow on -sale beer and wine in conjunction with a restaurant at 1282 Town Centre Drive (Town Centre Shopping
Center), legally described as Lot 2, Block 1, Town Centre 70 2"d Addition, in the NW '/a of Section 15, subject to the
following conditions: Aye: 5 Nay: 0
1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days
of approval.
2. On -sale beer and wine sales shall comply and be operated in accordance with all relevant state laws and
regulations.
Eagan City Council Meeting Minutes ��
June 6, 2006 , c
Page 6 I
ON -SALE WINE, SUNDAY WINE AND 3.2 PERCENT MALT LIQUOR LICENSE FOR
BA-OCK, INC., dba MOE'S SOUTHWEST GRILL, 1281 TOWN CENTRE DRIVE
City Administrator Hedges introduced this item regarding a request for a On -Sale Wine, Sunday Wine and 3.2
percent malt liquor license for Moe's Southwest Grill located at 1281 Town Centre Drive. Community
Development Director Hohenstein gave a staff report.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the On -Sale Wine, Sunday
Wine and 3.2 percent malt liquor license for BA-OCK, Inc., dba Moe's Southwest Grill, 1281 Town Centre Drive.
Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT — JOE KOHAUT (VIVA ITALIA)
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow an outside
dining patio in conjunction with a Class I restaurant (Viva Italia) at 1629 Lena Court. Community Development
Director Hohenstein gave a staff report.
Craig Kelsner, adjacent property owner, expressed concern over increased noise if tables are allowed outside the
building. He requested that if the outdoor tables are allowed that no audio be allowed and access be limited to the
side door only and not the back door to help eliminate noise from restaurant staff.
The manager of Viva Italia discussed the proposed outside dining patio and parking issues. He indicated that there
would be no audio system outdoors and access to the restaurant would be limited to the side door only.
Councilmember Carlson moved, Councilmember seconded a motion to approve a Planned Development Amendment
to allow an outside dining patio in conjunction with a Class I restaurant at 1629 Lena Court, legally described as Lot
1, Block 1, Centennial Ridge 2nd Addition, in the NW` 1/4 of Section 28, subject to the following conditions: Aye: 4
Nay: 1 (Geagan opposed)
1. An Amendment to the Planned Development Agreement shall be executed and recorded with the
Dakota County Recorder's office.
2. Additional parking will be required to be installed if overflow parking goes to public streets, pervious
surfaces or other private property. At that time, additional stalls shall be identified from among the
.proof of parking stalls as identified on the 9/28/04 site plan. To maximize the effectiveness for cross
easements for parking, no signs designating parking for particular businesses within the development
will be permitted.
3. The operation of the restaurant and outside dining shall comply and be operated in accordance with all
relevant state laws and regulations regarding on -sale liquor.
4. The outdoor dining area shall be enclosed with a wrought iron fence and gate, accessible from inside
the building. The fence and gate shall be similar to the existing fence on the south side of the building.
5. Patio lighting shall be provided by light caps on the fencing and table -top lights. Details about the light
caps and table -top lights shall be provided for incorporation into the PD Amendment Agreement.
6. The awning shall be of a color to blend in with the brick exterior of the building. No signage shall be
allowed on the awning.
7. Only seven tables allowed and Outdoor tables are not permitted south of the service door.
8. No audio or music will be allowed outside the building.
CONDITIONAL USE PERMIT — SHAW INDUSTRIES
This item was continued to the June 20, 2006 Council meeting with the adoption of the agenda.
PRELIMINARY SUBDIVISION (EAGANDALE CENTER INDUSTRIAL PARK NO. 19)
LARSON PROPERTIES
City Administrator Hedges introduced this item regarding a preliminary subdivision to create two lots upon 3.79
acres located at 3000 Denmark Avenue. Community Development Director Hohenstein gave a staff report.
Zi
Eagan City Council Meeting Minutes
June 6, 2006
Page 7
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Subdivision to
create two lots upon 3.79 acres. located at 3000 Denmark Avenue, legally described as Lot 1, Block 2, Eagandale
Center Industrial Park No. 9, in the NE 1/4 of Section 10, subject to the following conditions: Aye: 5 Nay: 0
1. The developer shall comply with these standards conditions of plat approval as adopted by Council on
February 2, 1993: A1, B1, and B3, C4, Dl, and El. The property shall be platted.
2. A final Planned Development approval and Agreement will be required prior to development of Lot 1.
3. Should the existing landscaping along Lone Oak Road be removed in the future, the hotel shall install
some other landscape materials for screening purposes within the remaining 5' setback area between
the parking lot and pubic right-of-way.
4. The pylon sign shall be relocated so that the pylon sign is located on Lot 2 and satisfies the minimum
10 -foot setback prior to final subdivision approval.
5. An easement and shared sign agreement that is acceptable to the City Attorney, shall be executed prior
to final subdivision approval to ensure the opportunity for both buildings to utilize the pylon sign once
Lot 1 develops.
6. A pedestrian trail connection from the development to the sidewalk on Lone Oak Road shall be
provided.
7. The developer shall provide evidence of private ingress/egress easement, in a form acceptable to the
City Attorney, between Lots 1 and 2 providing for this shared access to Denmark Avenue prior to final
subdivision approval.
8. This development shall dedicate public right-of-way along Lone Oak Road and Lexington Avenue, as
required by Dakota County.
9. This development shall dedicate restricted access to Dakota County along the entire north and west
edges of the plat adjacent to Lone Oak Road and Lexington Avenue.
ADMINISTRATIVE AGENDA
City Administrator Hedges noted that an Executive Session would be necessary to discuss litigation regarding Kevin
Mellon vs. City of Eagan; Diffley Market Place vs City of Eagan; Carriage Hills Update; and a matter concerning
EDA for the acquisition of the Lyn Nelson property.
Public Works Director Colbert stated Dakota County will host an Open House on Tuesday, June 20, 2006 from 3:30
pm to 6:30 pm in the Atrium of.the County's Western Service Center in Apple Valley to provide citizens an
opportunity to learn more about current traffic conditions along the Cedar Ave. corridor and about the Bus Rapid
Transit (BRT) system and highway improvements being considered.
Councilmember Maguire suggested that staff work with the 4s` of July Committee on policy changes for parade fees
for next year.
Councilmember Maguire provided an update from the Public Works Committee — Window Signage Task Force
Committee, stating that recommendations will be forwarded to the Advisory Planning Commission and a Council
workshop.
VISITORS TO BE HEARD
Barb and Ron Miller provided Council with a list of possible ordinance violations by Richfield Blacktop located at
3206 Sibley Memorial Highway, adjacent to their property. They discussed their concerns regarding noise and
fumes from the property. They requested that the Conditional Use Permit for the property be reviewed. Council
directed staff to investigate the possible ordinance violations.
Councilmember Fields moved, Councilmember Maguire seconded a motion to adjourn the regular City Council
meeting at 10:25 p.m. Aye: 5 Nay: 0
Date
It)
Administrative Secretary / Deputy City Clerk
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Utilities Maintenance Worker --
ACTION TO BE CONSIDERED:
To approve the hiring of Adam Bourassa as a Utilities Maintenance Worker.
Item 2. Part-time Clerical Tech III/Police—
ACTION TO BE CONSIDERED:
To approve the hiring of Brea Bruggeman as a part-time Clerical Tech III in Police.
Item 3. 9-1-1 Dispatcher --
ACTION TO BE CONSIDERED:
To acknowledge the internal transfer of Anna Volk from Community Service Officer to 9-1-1
Dispatcher.
Item 4. Recreation Facility Manager—
ACTION TO BE CONSIDERED:
To acknowledge the promotion of Sonja Rippe from Recreation Program Supervisor to Recreation
Facility Manager.
Item 5. Recreation Program Manager—
ACTION TO BE CONSIDERED:
To acknowledge the promotion of Paula Nowariak from Recreation Program Supervisor to
Recreation Program Manager.
Item 6. Part-time Fitness Attendants/Community Center—
ACTION TO BE CONSIDERED:
To approve the hiring of Jamie Feckey, Dawn King and Jessica Tonn as part-time fitness
attendants at the Community Center.
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED: To ratify the check registers dated June 8, 2006 and June
15, 2006 as presented.
ATTACHMENTS:
Check registers dated June 8, 2006 and June 15, 2006 are enclosed without page number.
Agenda Memo
June 20, 2006 Eagan City Council Meeting
CONSENT AGENDA:
D. Approve resolution naming authorized bank account signers.
ACTION TO BE CONSIDERED:
To approve a resolution naming the authorized signers on the Anchor Bank accounts.
FACTS:
• In March 2006, pursuant to the City's banking services RFP process, Anchor Bank was
selected and designated as a depository for the City.
• The process of switching from US Bank has begun and staff expects to begin using the
Anchor Bank accounts for checks and deposits in mid-July.
• The attached resolution names the four signers authorized to sign checks and/or initiate wire
transactions to pre -approved destination accounts:
o Mayor Geagan
o Director of Administrative Services VanOverbeke
o Chief Financial Officer Pepper (Treasurer)
o Accountant II Fink
• No changes are being made to the list of authorized signers from the old bank to the new
bank.
ATTACHMENTS:
• The Corporate Authorization Resolution is attached on page .
i1-7,
Anchor Bank, West St Paul
1360 Duckwood Drive
Eagan, MN 55123'
ACCOUNT #:100021247
CORPORATE AUTHORIZATION RESOLUTION
N.A. By: City of Eagan
3830 Pilot Knob Rd
Eagan MN 55122-1810
Referred to in this document as "Financial Institution"
Referred to in this document as "Corporation"
certify that I am Secretary (clerk) of the above named corporation organized under the laws of
MINNESOTA , Federal Employer I.D. Number 41-0847612 , engaged in business under the trade name of
City of Eagan , and that the resolutions on this document are a correct copy of the resolutions
adopted at a meeting of the Board of Directors of the Corporation duly and properly called and held on (date).
These resolutions appear in the minutes of this meeting and have not been rescinded ;modified.
AGENTS Any agent listed below, subject to any written limitations, is authorized to ercise the powers granted as indicated below:
Name and Title or PositionJS�gnature. Facsimile Signature
_
1 \ (if used)
A. Thomas Pepper, -rM04� V' r(nn 11 r
B. Gene VanOverbeke , D'_e.c- ck M vA l n ucy Q i' eS X
C. Linda Fink, AC -b 1 t'�'�' X
D. Pat Geagan, Mg ti Or X
E.
F.
f7
X
X
X
X
X
X
X
POWERS GRANTED (Attach one or more Agents to each power by placing the letter corresponding to their name in the area before each power.
Following each power indicate the number of Agent signatures required to exercise the power.)
Indicate number of
Indicate A, B, C, Description of Power
signatures required
D, E, and/or F
(1) Exercise all of the powers listed in this resolution.
r'"' (2) Open any deposit or share account(s) in the name of the Corporation.
(3) Endorse checks and orders for the payment of money or otherwise withdraw or transfer funds on deposit
with this Financial Institution.
(4) Borrow money on behalf and in the name of the Corporation, sign, execute and deliver promissory notes
or other evidences of indebtedness.
(5) Endorse, assign, transfer, mortgage or pledge bilis receivable, warehouse 'receipts, bills of lading, stocks,
bonds, real estate or other property now owned or hereafter owned or acquired by the Corporation as
security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills
received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and
notice of non-payment.
(6) Enter into a written lease for the purpose of renting, maintaining, accessing and terminating a Safe
Deposit Box in this Financial Institution.
(7) Other
LIMITATIONS ON POWERS The following are the Corporation's express limitations on the powers granted under this resolution.
,a
prior to
EFFECT ON PREVIOUS RESOLUTIONS This resolution supersedes resolution dated 0 5 / 3 0 / 0 6 If not completed, all resolutions remain in effect.
CERTIFICATION OF AUTHORITY
I further certify that the Board of Directors of the Corporation has, and at the time of adoption of this resolution had, full power and lawful authority to
adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority to exercise the
some. (Apply seal below where appropriate.)
El If checked, the Corporation is a non-profit corporation. In Witness Whereof, ,1 have subscribed my name to this document and affixed the seal
of the Corporation on (date).
Attest by One Other Officer
Secretary
'
(page 1 of 21
0 1965, 1997 Bankers Systeme, Inc., St. Cloud, MN Form CA -1 1/13/88
Agenda Information Memo
June 20, 2006, Eagan City Council Meeting
E. ADOPT MUNICIPAL ELECTRONIC VOTING SYSTEM PLAN
ACTION TO BE CONSIDERED:
To adopt the City of Eagan's Municipal Electronic Voting System Plan authorizing the
use of the AutoMARK Voter Assist Terminal.
FACTS:
➢ The Help America Vote Act (HAVA) of 2002 requires that each state comply with
new federal requirements regarding election administration. One component of the
law mandates that all polling places be equipped with at least one disabled -
accessible voting system to give voters with disabilities the opportunity to vote with
independence and privacy. Each of the 21 precincts in Eagan will be equipped with
a new electronic voting system, known as the AutoMARK ballot marker beginning
with the September 12, 2006 Primary Election. This equipment will be used in
conjunction with the existing AccuVote Optical Scan equipment. Funding for the
new equipment was allocated by the federal government. Ongoing maintenance
costs have yet to be determined and the City will likely be responsible for some or
all of that cost.
➢ Minnesota Statute 206.58, Subd. 1 states that the governing body of a municipality,
at a regular meeting or at a special meeting called for the purpose, may provide for
the use of an electronic voting system in one or more precincts and at all elections in
the precincts, subject to approval by the County Auditor. The governing body shall
disseminate information to the public about the use of the new voting system at least
60 days prior to the election and shall provide for instruction of voters with a .
demonstration voting system in a public plan for the six weeks immediately prior to
the first election at which the new voting system will be used.
➢ M.S. 206.82, Subd. 2 states that a municipality shall prepare an electronic voting
system plan which indicates acquisition of sufficient facilities, computer time, and
professional services and which describes the proposed manner of compliance with
M.S. 206.80 (governing electronic voting systems.) This plan must be submitted to
the Secretary of State's Office by June 30, 2006.
➢ Outreach efforts will be undertaken to inform the public about the new equipment in
accordance with M.S. 206.58, Subd. 1. These measures will include the airing of a
video, prepared by the Secretary of State's Office regarding the use of the new
equipment, on the Burnsville/Eagan Community Television channel 14 during the
month of June, in addition to posting information on the City's web site. A
demonstration machine will also be placed at City Hall in sufficient time to comply
with state statutes prior to the Primary Election on September 12. Staff will continue
to look for other opportunities to inform the public about the new equipment
throughout the summer months.
ATTACHMENTS (2):
Electronic Voting System Plan enclosed on pages, through
Product Fact Sheet regarding the AutoMARK Voter Assist Terminal on page �.
City of Eagan
Voting System Pian
June 20, 2006
The Municipality of Eagan certifies that it will use electronic voting systems including both ballot
marking and tabulating machines certified for use in Minnesota and meeting the requirements of
Minnesota Statutes §206.80, as listed on the table attached as Appendix A.
The County of Dakota has acquired sufficient Automark ballot marking devices from Election
Systems and Software (ES&S) and will deploy 21 (# of precincts) devices to the Municipality of
Eagan. The following is the electronic voting system plan required by Minnesota Statutes
§206.82, subdivision 2.
Acquisition of Sufficient Facilities
A. All ballot marking devices have been delivered to the Dakota County Treasurer/Auditor
Office, located in the Dakota County Administration Center, 1590 Highway 55, Hastings,
MN 55033.
B. The equipment was delivered via surface carrier from the manufacturer.
C. Upon delivery all devices were moved to a secured storeroom.
D. The storeroom is restricted by key access.
E. Decision One, a subcontractor for ES&S, completed acceptance testing on May 25,
2006.
F. All ballot marking devices will be securely stored at Dakota County. In preparation for
each election, the ballot marking devices will be transported to the polling places by the
City of Eagan.
II. Computer Time
A. No third parties will be used for the programming of the Automark ballot -marking devices.
Dakota Public Services and Revenue staff and Treasurer -Auditor staff will do all
Automark related programming.
B. All system programming will be done *using Automark Information Management Software,
version 1.1.
Ill. Professional Services
A. Election System and Software, Inc. contracted with Decision One to perform preliminary
acceptance testing on all Automark devices delivered to Dakota County.
B. Dakota County Elections will contract with Election Systems & Software, Inc. to have a
technician present on all primary and general election days to provide hardware and
software support for the ballot marking devices.
IV. Testing
A. At least two weeks prior to each election, preliminary testing will be conducted to verify
the accuracy of programming and the operation of the ballot marking devices.
B. City staff, in conjunction with Dakota County staff, will create test decks for all precincts in
accordance with Minnesota Rules 8220.1150.
C. A portion of each test deck will be marked using the Automark ballot marking devices and
the remainder will be marked by hand.
/(P
D. The Automark devices will be tested for proper keypad, touch screen, audio, zoom, high
contrast, over vote warning, and under vote warning functionality. For the state primary,
the crossover warning will also be tested.
E. The Automark marked portion and the remainder of the test decks will be counted
through their respective Accuvote optical scan machine for each polling place.
F. A results tape will be printed and compared against the pre -audited results listed on each
test deck spreadsheet.
G. A public accuracy test will also -be held prior to each election in accordance with
Minnesota Statutes §206.83.
H. Diagnostic testing to ensure the operation of each ballot -marking device will be
conducted by Dakota County staff at least four months prior to the primary or general
election.
V. Compliance with Minnesota Statutes §206.80
A. City staff, in conjunction with Dakota County Elections staff, will conduct supplemental
acceptance testing of all Automark devices to ensure compliance with the provisions of
Minnesota Statutes §206.80. This supplemental testing will be done in addition to the
acceptance testing done by Decision One (listed above.)
B. The Automark ballot -marking device was certified for use in Minnesota by the secretary
of state on December 5, 2005.
C. The Automark ballot -marking device has been tested and certified to have met the
standards provided for voting systems by the Election Assistance Commission.
VI. Municipal Plan Table
The Municipal Plan Table attached as Appendix A details the electronic voting systems
including the assistive voting technology that will be used at each polling place.
VII. Acknowledgment of plan and amendments
A. I acknowledge that the information in this plan is true and accurate as of this date.
B. This plan may be amended from time to time to reflect changes in election laws,
administrative procedures, or voting equipment.
City Clerk
STATE OF MINNESOTA
COUNTY OF DAKOTA
Date
Subscribed and sworn to me this day of 2006.
(date)
Notary public or other officer empowered to
take and certify acknowledgements
(notary stamp)
P?
1-7
A
MunicY ahty Name
City of Eagan
Mumci `al Clerl Name:;
Maria Petersen
Munici al Clerk Address
3830 Pilot Knob Road, Eagan, MN 55122
.
en
6516
75-5034WI,imlfk
N umber tf 5chdolist�►cts m Mnnrc s
3
List Each Polluig Place m Maninipality including
Absentee Balloting Location
-
_.
List All Precincts in Each
PollingPlace
-_
` List Mate Assistive`
Voting Equipment
used in the . recinnt
P
,.
Liss Precinct
Cuntmg Method
_nod, prem pct
o icaI scanscentral
P_.� -:
count o heal scat►
List O�tiel Scan
_ Tabulator lV�o del t
linable
app }
Pilot Knob Elementary, 1436 Lone Oak Road
1
ES&S AutoMARKTS
optic al scan
Diebold AccuvoteOS 2000
Oak Hills Church,1570 Yankee Doodle Road
2
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Trinity Lone Oak Lutheran Church, 2950 Hwy. 55
3
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Cedar Elementary School, 2140 Diffley Road
4
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Mount Calvary Lutheran Church, 3930 Rahn Road
5
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Deerwood Elementary School, 1480 Deerwood Drive
6
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Eagan Fire Administration Bldg., 3795 Pilot Knob Rd.
7 -
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Eagan Municipal Center, 3830 Pilot Knob Road
8
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Woodland School, 945 Wescott Road
9
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
St. John Neumann Church, 4030 Pilot Knob Road
10
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Northview Elem@n School, 965 Diffley Road
11
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Living Word Lutheran Church, 4300 Nicols Road
12
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Rahn Elementary School, 4424 Sandstone Drive
13
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Christ Lutheran Church, 1930 Diffley Road
14
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Thomas Lake Elementary, 4350 Thomas Lake Rd.
15
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Easter Lutheran Church, 4200 Pilot Knob Road
16
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
St. Thomas Becket Church, 4455 South Robert Trail
17
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Fire Station No. 5, 4701 Galaxie Avenue
18
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Chapel Hill Baptist Church, 4888 Pilot Knob Road
19
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Red Pine Elementary School, 530 Red Pine Lane
20
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Pinewood Elementary School, 4300 Dodd Road
21
ES&S AutoMARKTS
optical scan
Diebold AccuvoteOS 2000
Eagan Municipal Center, 3830 Pilot Knob Road
Absentee Polling Place
EMS AutoMARKTS
Tabulated at appropriate
precinct using Accuvote OS2000
)RODUCT OVERVIEW
ES Auto MARK"" Voter Assist Terminal
Election Systems & Software (ES&S) and AutoMARK Technical Systems, LLC (formerly Vogue Election Systems) have teamed up to offer
the ES&S AutoMARK The ES&S AutoMARK is a breakthrough ballot -marking technology that allows voters with disabilities and other
special needs to mark a ballot privately and independently when using an optical scan voting
system. The technology was developed based on input from election authorities and disability
organizations. The ES&S AutoMARK voter assist terminal does not tally or store votes; rather, it is
a ballot -marking system designed to provide privacy and
accessibility to voters who are blind, vision -impaired, or have a
The ES&S AutoMARK is disability or condition that would make it difficult or
currently being evaluated impossible to mark a ballot in the usual way. Even a
by independent laboratories
temporary condition, such as a broken arm, could make
and, pending certification,
it difficult for a person to mark a ballot. In addition, the
is expected to be available
technology provides language assistance to voters who
in the beginning of 2005.
are more comfortable speaking a different language or
who need help to better understand written
instructions
KEY FEATURES
The ES&S AutoMARK guarantees that an
optical scan balloting device will capture
voter intent. No more overvotes. No more
mismarked ballots. Unique software
applications ensure that no more than the
proper number of candidates can be chosen
for each race. A summary page verification
process allows voters to notice any skipped
races or undervotes and to change their
selections before printing.
An audio function, which allows blind voters
or those with severely impaired vision to
listen to the choices through headphones.
The ability to protect current systems allows
jurisdictions to use existing optical scanner
hardware/software solutions. Simply adding
an ES&S AutoMARK device to a polling
location ensures compliance with the federal
Help America Vote Act (HAVA) and eliminates
the need to reinvest in a new ballot style or
tabulation system. HAVA requires that all
polling locations be equipped with at least
one disability -accessible voting machine.
A sip/puff tube is used by voters who are not
able to use the touch screen or touch pad.
* AutoMARK is a trademark of AutoMARK Technical Systems, LLC
A zoom feature enable the voters to increase
the font size of each race listed on the
optical scan ballot. This may be especially
helpful for voters who are sighted but have
limited vision.
The ES&S AutoMARK offers multiple-
language capability to ensure that all
citizens in a diverse population exercise
their privilege to vote. Visual and audible
ballots in multiple languages can be stored
on a single machine.
The system supports write-in candidates.
Agenda Information Memo.
June 13, 2006, Eagan City Council Meeting
F. Acceptance of a 1965 replica Eagan Police squad car from the Eagan
Citizen's Crime Prevention Association
ACTION TO BE CONSIDERED:
Accept a 1965 replica Eagan Police Squad Car from the Eagan Citizens Crime Prevention
Association (value $6500).
FACTS:
• In preparation for the police department's 40th anniversary, Ken Southorn
procured and restored a 1965 Ford Station Wagon to similar specifications that
matched the first Eagan Police Squad Car.
• Ken Southom funded the restoration of this vehicle.
• The Eagan Citizen's Crime Prevention Association (E.C.C.P.A) procured funds in
an effort to purchase the vehicle for the City of Eagan.
• Recently, the E.C.C.P.A. purchased the vehicle from Ken Southorn and would
like to donate the vehicle to the City of Eagan.
• The vehicle would be "titled" as a police vehicle.
No attachments
Agenda Memo
June 20, 2006
Regular City Council meeting
CONSENT AGENDA:
G. Kennel License for Lesley Tscherne, 3812 Blackhawk Ridge Place
ACTION TO BE CONSIDERED:
Approve a kennel license for Lesley Tscherne at 3812 Blackhawk Ridge Place
FACTS:
• The applicant originally applied for a conditional use permit on April 4 to
allow a kennel in a residential neighborhood.
•
Council felt an interim use permit would be more appropriate for the
proposed kennel license and approved same on April 18 with the
following conditions:
1. The Interim Use Permit shall be recorded against the property at
Dakota County.
2. The premises are allowed no more than four (4) guest dogs at any
one time.
3. The applicant must maintain a current kennel license issued by the
. City.
4. No full-time boarding of animals for commercial purposes may
occur on this property.
S. The operations of the kennel must comply with the standards in
Chapter 10 of the City Code regarding the keeping of animals.
6. The Interim Use Permit shall expire on April 18, 2011.
• The Animal Control Officer has inspected the premises and confirms that
the licensing requirements have been met.
ATTACHMENTS
• None (The application and licensing checklist completed by the Animal Control
Officer is available in Administration for review.
Oil
Agenda Memo
June 20, 2006
Regular City Council Meeting
CONSENT AGENDA:
H. 2006-2007 License Renewals for Massage Therapy Establishments
ACTION TO BE CONSIDERED:
Approve license renewals for Massage Therapy Establishments for 2006-2007
FACTS:
• Massage therapy establishment licenses run from July 1 to June 30'' each year
• The following massage therapy establishments aredue for license renewal:
1. Keep in Touch of Eagan, 3424 Denmark Avenue
2. Lifetime Fitness, 1565 Thomas Center Drive
3. Divine Touch Massage Center, 2130 Cliff Road #130
4. Cole's Salon, 3450 Pilot Knob Road
5. Cole's Salon, 2131 Cliff Road
6. Cloud Nine Salon & Spa, 1284 Town Center Drive, Ste. 114
7. Body Wellness Massage Center, 3410 Federal Drive Ste. 102
8. Solimar Wellness Spa LLC, 1121 Town Center Dr. Ste. 105
9. Neuromuscular Connection, 4580 Scott Trail
10. Cross Train Personal Training / MN Max, Inc. 820 York Ave.
11. Twin Cities Therapeutic Massage, 4660 Slater Road
• Approval will be subject to all requirements of the application being met and
fees paid
ATTACHMENTS:
• None (Applications will be available for review in the Administration
Department)
Agenda Memo
June 20, 2006
Regular City Council Meeting
CONSENT AGENDA:
I. 2006-2007Amusement Device License Renewals
ACTION TO BE CONSIDERED:
Approve 2006-2007 amusement device license renewals
FACTS:
• Amusement device license run from July 1 through June 30 of each year
• Listed below are the licensees (and locations of the devices) that are to be
renewed:
1. Lawrence Brennan, Bonfire Grill, 1555 Cliff Road
2. Awe Vending, Piccolo's Pizza, 4162 Pilot Knob Road, Eagan
Community Center
3. Theisen Vending Company, Grand Slam Sports, 3984 Sibley Memorial
Highway
4. Lieberman Companies, Lafonda De Lobos Restaurant, 3665 Sibley
Memorial Highway; Joe Sensers Sports Bar, 3010 Eagandale Road
Old Chicago, 1312 Town Center Drive; Valley Lounge, 3385 Sibley
Memorial Highway, Cherokee Sirloin Room, 4625 Nicols Road
5. American Coin Merchandising, Walmart, 1356 Town Centre Drive;
Cub Foods, 1940 Cliff Road
• Approval is subject to all requirements of the application being met and fees paid.
ATTACHMENTS:
None. (The applications are available for review in the Administration Department)
Q3
Agenda Memo
June 20, 2006
Regular City Council Meeting
CONSENT AGENDA:
J. Application for the Eagan Foundation to conduct Bingo on July 4, 2006
ACTION TO BE CONSIDERED:
Approve application for excluded bingo for the Eagan Foundation to conduct
bingo games on July 4, 2006 at the Eagan Community Center
FACTS:
• The Eagan Foundation has applied with the Minnesota Gambling Board to
conduct excluded bingo on July 4h at the Eagan Community Center
• This event was held last year during the 4th of July festivities
• Staff has reviewed the application and sees no reason to deny
ATTACHMENTS:
None. (The application is available for review in the Administration Department)
au-
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
K. PROJECT 929, RED PINE LANE/ GUN CLUB ROAD
STREET IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 929
(Red Pine Lane/ Gun Club Road — Street Improvements) and schedule a public hearing to
be held on July 18, 2006.
FACTS:
• On March 27, 2006, City staff received a petition from Revestors, Inc., developers of
the proposed "Red Pine Crossing" development, requesting the preparation of a
feasibility report for street improvements on Red Pine Lane (Biscayne Avenue to
Highway 3) and Gun Club Road (Biscayne Avenue to approximately 300 feet west),
and sanitary sewer improvements within the development property.
• Red Pine Crossing is a preliminary subdivision,. rezoning, and planned development
application submitted by Revestors, .Inc. on approximately 10 acres in the southeast
corner of Red Pine Lane and Highway 3 in southeast Eagan. Red Pine Crossing
proposes commercial development consisting of general retail, grocery, and banking
uses.
• On April 4, 2006, the City Council preliminarily approved the rezoning, planned
development and subdivision of Red Pine Crossing.
• Conditions of approval for the developer included that the developer be responsible
for the following:
1. all roadway and signal mitigative improvements on Red Pine Lane and at
the. Red Pine Lane/ Highway 3 intersection necessary to serve the
development.
2. the extension of public sanitary sewer of sufficient size, depth, and
capacity through the development to serve properties south and east, in
accordance with the City Comprehensive Sewer Plan.
3. the upgrade of Gun Club Road from Biscayne Avenue to the Red Pine
Crossing development (approximately 300 feet).
• Also on April 4, the City Council received the petition from Revestors, in response to
the conditions of approval, and authorized the preparation of a feasibility report by the
City Engineer for Project 929 (Red Pine Lane/ Gun Club Road) for these
improvements.
• On June 13, 2006, Revestors, Inc. submitted a request that the Red Pine Lane and
sanitary sewer portions of the public improvement project be deleted. Revestors, Inc.
requests that these improvements be performed privately by the developer under
terms of a development contract and conditions of approval. The developer requests
that the Gun Club Road portion of the improvements remain as a public improvement
proj ect.
• A draft of this Feasibility Report, with only the Gun Club Road improvements, has
been prepared and is being presented to the Council for their consideration of
scheduling a public hearing for Tuesday, July 18, 2006.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
• Request Letter from Revestors, Inc., page a% .
25
7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433
MEMORANDUM:
PROJECT: Red Pine Crossing
COMM NO: 05018
DATE: June 14, 2006
TO: John Gorder, City of Eagan
SUBJECT: Petition for Public Improvement
On behalf of the developer, Revestors Group 4, I am formally withdrawing several items from the
petition for public improvement previously submitted. Based on the meeting with you, and the costs
involved, the developer has elected to install the following items privately
First, the developer agrees to privately construct the eastbound right turn lane along Red Pine Lane
going into the development. This work includes relocating the walk path, dedication of 14 feet of
right-of-way, and re -striping Red Pine Lane all as shown on the plan provided by the City and drawn
by SEH and dated 5/23/06.
The developer also agrees to privately install the sanitary sewer line through the Phase I portion of
the development at'the size and depth required for future city extension. This line will be as shown
on sheet C2 of the final planned development submittal. The sanitary sewer line will terminate at a
manhole near the east property line, as close to the property line as practical without undermining the
existing utility pole. Upon completion this main sanitary sewer line will become a public utility.
The developer requests that the paving of Gun Club Road remain under consideration as a public
improvement and assessed to the appropriate properties.
If you have any questions regarding this request, please contact me.
Respectfully Submitted,
Quinn S. Hutson, AIA
Principal
CNH Architects, Inc.
cc: File
Tim Anderson, Revestors
Bill Beckfeld, Cornerstone
P:\PROJECTS\2005\OSOI B\TEX=rrY REVIEW (SITS, CUP)\REVISION TO PETITION FOR PUBLIC DdMOVEMENf.DOC
216
Agenda Memo
June 20, 2006 Eagan City Council Meeting
L. RELEASE OF DEVELOPMENT CONTRACT
CEDAR BLUFFS BUSINESS CENTER
ACTION TO BE CONSIDERED: To approve release of Development Contract between the
City of Eagan and Opus Northwest, LLC for Lot 1, Block 1, Cedar Bluffs Business Center and
authorize Mayor and Clerk to execute a new Agreement between City and Opus Northwest, LLC
concerning the warranty of the public improvements installed under the development Agreement.
FACTS
• The City and Opus Northwest, LLC entered into a Development Agreement dated April
19, 2005 concerning the development of the Cedar Bluffs Business Center.
• The Developer recorded the Development Agreement with the Dakota County Registrar
of Titles.
• The Developer now desires to sell the property and the buyer is requesting that the
Development Agreement be released.
• The Development Agreement contains a clause that upon submittal of the required as -
built plans for any public improvements and satisfactory determination of the completion
of the improvements that the developer may request that. it be released from its
obligations under the Development Agreement. Provided, that the Developer must
provide a two-year bond warranting the improvements against poor design, engineering,
materials and faulty workmanship.
• City Staff has determined that the public improvements are acceptable and the City
accepted the improvements on March 21, 2006.
• The Developer has agreed to provide a warranty bond in the amount of $130,000.00 for a
two-year period for the two-year warranty.
ATTACHMENTS
• Release of Development Contract, pages 40 through3Z_.
• Bond Agreement, pages 3& through W-
----------------------------------------- for Recording Data ----------------------------------------
This instrument was prepared by
and after recording return to:
D. Albert Daspin
Daspin & Aument LLP
227 West Monroe Street, Suite 3500
Chicago, Illinois 60606
RELEASE OF DEVELOPMENT CONTRACT
THIS RELEASE OF DEVELOPMENT CONTRACT (this "Release") is made as of
, 2006, by and between the City of Eagan, a Minnesota municipal
corporation ("City"), and Opus Northwest; L.L.C., a Delaware limited liability company
("Developer").
RECITALS:
A. Pursuant to that certain Development Contract By and Between the City of Eagan
and Opus Northwest, L.L.C. for the Development of Cedar Bluffs Business Center dated as of
April 19, 2005, and recorded May 26, 2005, as Document No. 566307 with the Office of the
County Registrar of Titles of Dakota County, Minnesota, by and between the City and the
Developer (the "Development Contract"), the City and Developer entered into certain
agreements with respect to the development of certain real property located in the City of Eagan,
Dakota County, Minnesota and legally described on Exhibit A attached hereto and made a part
hereof ("Property"), upon and subject to the terms and provisions contained in the Development
Contract.
B. The Development Contract provides that upon submittal by Developer of the
required As -Built Plans for each Plan identified in Paragraph 3.1 of the Development Contract,
and upon satisfactory determination of completion of the Improvements pursuant to Paragraph
5.2 of the Development Contract and payment of all costs owed to the City, the Developer may
apply in writing for a release of its obligations under the Development Contract, other than
564003/00825/22880163/3 e)8
certain specified obligations imposed therein, and that the City Council may authorize the release
of Developer from the obligations under the Development Contract by appropriate resolution.
C. Developer has submitted the required As -Built Plans and City has confirmed and
determined that the Improvements have been completed in accordance with the terms of the
Development Contract. Accordingly, City is willing to release Developer and the Property from
the terms and conditions of the Development Contract, subject to the terms and conditions of this
Release.
D. Unless otherwise provided herein, capitalized words and terms used herein shall
have the same meanings ascribed to such words and terms as in the Development Contract.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the City and the Developer agree as follows:
1. Except as provided in Section 2 below, City does hereby release the Developer, its
successors and assigns, from its obligations and liabilities under or arising under the
Development Contract.
2. Notwithstanding the provisions of Section 1 above, the obligation to pay Special
Assessments set forth in Section 10.4 of the Development Contract shall constitute a covenant
running with the land.
3. Developer hereby represents and warrants to the City that Developer has the power and
authority to enter into and perform its obligations under this Agreement, and such performance
will not conflict with or result in a breach of any of the terms, conditions or provisions of any
agreement or instrument to which Developer is a party or by which it is bound, or constitute a
default under any of the foregoing, or violate any law, order, writ, injunction or decree of any
court, administrative agency or governmental body; this Agreement is valid, binding and
enforceable against Developer in accordance with its terms, subject to applicable bankruptcy,
moratorium, insolvency, creditors' rights and similar laws or statutes.
4. This Release shall be binding upon and inure to the benefit of the City and the Developer
and their respective successors and assigns.
5. This Release may be executed in any number of counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
6. This Release shall be governed by and construed in accordance with the laws of the State
of Minnesota.
[Signature Page Follows]
2
564003/00825/22880163/3
IN WITNESS WHEREOF, City and Developer have executed this Release as of the day
and year first above written.
CITY:
City of Eagan,
a Minnesota municipal corporation
By:
Its:
Mayor
Attest:
Its: City Clerk
564003/00825/22880163/3
DEVELOPER:
Opus Northwest, L.L.C.,
a Delaware limited liability company
By:
Its:
®rad J. 0sr', .!1d,, on
ViceP f4 aiid ue!;eial COUMMI
STATE OF MINNESOTA )
ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2006, by and , the Mayor
and City Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, on behalf
of said corporation.
(Seal)
STATE OF MINNESOTA
ss
COUNTY OF H kAt
Notary Public
The foregoing instrument was acknowledged before me this .6 � day of
3-unj_ , 2006,by�i �� ,� ►� , the .:.adAAk of Opus Northwest,
L.L.C, a Delaware limited liability company on behalf of said limited liability company.
(Seal)AM 11 A q
Notary Public
DENISE S. FARAGHER
NOTARY PUBUC•MINNEBOTA
Mr CainuubnE�pNn,ga �I,1o10
•mow' w
4
564003/00825/22880163/3
EXMBIT A
Legal Description of Property
Real property in the County of Dakota, State of Minnesota, described as follows:
Parcel 1: Lot One (1), Block One (1), Cedar Bluffs Business Center, according to the recorded
plat thereof, Dakota County, Minnesota.
(Torrens property, Certificate of Title No. 136299)
A-1
564003/00825/22880163/3
WN
AGREEMENT
THIS AGREEMENT (this "Agreement") is made as of the day of June, 2006, by
and between the City of Eagan, a Minnesota municipal' corporation ("City"), and Opus
Northwest, L.L.C., a Delaware limited liability company ("Opus").
RECITALS:
A. . By that certain Development Contract By and Between the City of Eagan and
Opus Northwest, L.L.C. for the Development of Cedar Bluffs Business Center dated as of April
19, 2005, and recorded May 26, 2005, as Document No. 566307 with the Office of the County
Registrar of Titles of Dakota County, Minnesota ("Development Contract"), by and between the
City and Developer, the City and Developer entered into certain agreements with respect to the
development of certain real property located in the City of Eagan, Dakota County, Minnesota
and legally described on Exhibit A attached hereto and made a part hereof ("Property").
B. The Development Contract provided that upon submittal of certain plans
identified in the Development Contract, and upon satisfactory determination of completion of the
improvements identified therein, Opus would be released from its obligations under the
Development Contract, other than certain obligations specified therein. Opus has submitted the
required plans to the City, and has completed the Improvements.
C. By that certain Release of Development Contract dated as of the date hereof
("Release"), City released the Development Contract, other than with respect to the payment of
Special Assessments.
D. Unless otherwise provided herein, capitalized words and terms used herein shall
have the same meanings ascribed to such words and terms as in the Development Contract.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the City and the Developer agree as follows:
1. . Notwithstanding the Release, City and Opus agree that unless a longer warranty period is
provided by Minnesota law, Opus warrants the Improvements against poor design, engineering,
materials and faulty workmanship for a period of two (2) years after acceptance thereof by the
City Council, which acceptance occurred on March 21, 2006 ("Date of Acceptance"). Opus
further agrees to provide a warranty bond(s), in an amount equal to One Hundred Thirty
Thousand and 00/100 Dollars ($130,000.00), for a two (2) year period commencing upon the
Date of Acceptance. Opus shall be solely responsible for the cost and expense to perform all
required repair work to City standards within thirty (30) days of written notification by City.
2. All of the covenants and agreements made by Opus hereunder are the personal covenants
and agreements of Opus, and the owner of the Property or any part thereof shall have no liability
or obligation with respect to payment or performance of any matter contemplated by Paragraph 1
above, and the City agrees to look solely to Opus for any such payment and performance, and
not to any other party.
564003/00825/22880182/3 305
3. Any notice or other communication in connection with this Agreement shall be in writing
and shall be sent by United States certified mail, return receipt requested, postage prepaid, by
nationally recognized overnight courier guarantee next day delivery, by telecopy, or by personal
delivery, properly addressed as follows:
If to Opus: Opus Northwest, L.L.C.
10350 Bren Road West
Minnetonka, Minnesota 55343
Attn: Vice President
Facsimile No.: (952) 656-4814
With a copy to: Opus, L.L.C.
10350 Bren Road West
Minnetonka, MN 55343
Attn: Legal Department
Facsimile No.: (952) 656-4529
And a copy to: Daspin & Aument, LLP
227 W. Monroe Street, Suite 3500
Chicago, Illinois 60606
Attn: D. Albert Daspin
Facsimile No.: (312) 258-1955
If to City: City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Attn: City Administrator
Facsimile No.:(651) 675-5012
With a copy to: Severson, Sheldon, Dougherty & Molenda, P.A.
7300 West 147' Street, Suite 600
Apple Valley, Minnesota 55124
Attn: Robert Bauer
Facsimile No.: (952) 432-3780
All notices shall be deemed given three (3) business days
following deposit in the United 'States mail with respect to certified or
registered letters, one (1) business day following deposit if delivered to an
overnight courier guaranteeing next day delivery, and on the same day .if
sent by personal delivery or telecopy (with proof of transmission).
Attorneys for each party shall be authorized to give notices for each such
party. Any party may change its address for the service of notice by
giving written notice of such change to the other party, in any manner
above specified.
4. This Agreement shall be binding upon and inure to the benefit of City and Opus and their
respective successors and assigns.
2
564003/00825/22880182/3 A
5. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
6. This Agreement shall be governed by and construed in accordance with the laws of the
State of Minnesota.
[Signature Page Follows]
564003/00825/22880182/3 35
IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the
day and year first above written.
CITY:
City of Eagan,
a Minnesota municipal corporation
By:
Its: Mayor
Attest:
Its: City Clerk
564003/00825/22880182/3
OPUS:
Opus Northwest, L.L.C.,
a Delaware limited liability company
"Wo Z�
By:
Its: :� . *
Bred J. Osmundson
Vwe President and General Counsel
STATE OF MINNESOTA )
ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2006, by and , the Mayor
and City Clerk, respectively, of the City of Eagan, a Minnesota municipal corporation, on behalf
of said corporation.
(Seal)
STATE OF MINNESOTA )
ss
COUNTY OF HtAiW6i) .
Notary Public
The foregoing instrument was acknowledged b fore this s� day of
2006, by , �✓�srnurrd , the �' me
L�,rof Opus Northwest,
L.L.C, a Delaware limited liability company on behalf of said limited liability company.
(Seal)MA A 11
Notary Public
•yyyyWyyvv• •
DENISE S. FARAQHER
NOTARY PUBLIC-ANNNESOTA
My Commmabn E* M JR 31.I DIC
I"DENISE S. FARAGHER
NOTARY PUBLIC •MINNESOTA
.Ny ;-k•SS'0 f er-*t )an 31 7711 y
mow... ..... .,... .
564003/00825/22880182/3
EXHIBIT A
Legal Description of Property
Real property in the County of Dakota, State of Minnesota, described as follows:
Parcel 1: Lot One (1), Block One (1), Cedar Bluffs Business Center, according to the recorded
plat thereof, Dakota County, Minnesota.
(Torrens property, Certificate of Title No. 136299)
A-1
564003/00825/22880182/3 `�
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
M. CONTRACT 06-07,2005 CITY-WIDE SANITARY SEWER LINING
ACTION TO BE CONSIDERED: Receive the bids for Contract 06-07 (2006 City -
Wide Sanitary Sewer Lining), award the contract to Visu-Sewer Clean & Seal, Inc., for
the Base Bid unit price up to $122,500 and authorize the Mayor and City Clerk to execute
all related documents.
FACTS:
• The rehabilitation of various existing sanitary sewer pipes throughout the City by the
installation of lining was programmed for 2006 in the City of Eagan's 5 -Year Capital
Improvement Program (2006-2010).
• The City Council authorized the sanitary sewer lining improvements of about 5,000
linear feet of existing pipe for various areas within the City with the approval of the
Sanitary Sewer Operations and Facilities portion of the 2006-2010 Capital
Improvement Program (CIP) and 2006 operating budget.
• All of the construction activity for said improvements has been designed to occur
within existing public right-of-way or easements.
• The plans and specifications have been completed and are being presented to the City
Council for their approval and authorization of the advertisement for bids.
• At 11:00 a.m. on June 8, formal bids were received for this project. A copy of the bid
tabulation is enclosed.
• All bids have been reviewed for compliance with the bid specifications and accuracy
on unit price extensions and summations. The low bid from Visu-Sewer Clean &
Seal, Inc., has been reviewed by the Engineering Division and found to be in order for
favorable Council action.
ATTACHMENTS:
• Bid Tabulation, page 40
• Location Map, page4 L
BID SUMMARY
SEWER LINE RENOVATION FOR
CURED IN PLACE PIPE
CITY CONTRACT NO. 06-07
Bid Date: Thursday, June 8, 2006
Bid Time: 11:00 a.m.
Low Bid $122,500.00
Budget Amount $125,000.00
Percent Under () Budget 2%
Bidder
5% Bid Bond
Price.per Foot
Total Base Bid
1.
Visu-Sewer Clean & Seal
Y
$24.50
$122,500
2.
Veit Companies
Y
$24:58
$122,900
3.
Insituform Technologies
Y
$27.95
$139,750
4.
Lametti & Sons, Inc.
Y
$32.50
$162,500
Low Bid $122,500.00
Budget Amount $125,000.00
Percent Under () Budget 2%
2006 SANITARY SEWER
LINING CIP
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Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
N PROJECT 858, SIBLEY TERMINAL INDUSTRIAL PARK
STORM SEWER IMPROVEMENT
ACTION TO BE CONSIDERED: Schedule a Public Hearing for Project 858 (Sibley
Terminal Industrial Park — Storm Sewer Improvement) to be held on July 18, 2006.
FACTS:
• On September 17, 2001, the City Council authorized the preparation of a feasibility
report identifying the scope, cost, financing and schedule of storm sewer
improvements for the drainage area near Trunk Highway 13 and Terminal Drive in
northwest Eagan.
• On March 4, 2002, the Public Hearing for Project 858 was held. After the
presentation of the feasibility and discussion from the affected property owner, the
City Council continued consideration of Project 858 until April 16, 2002.
• On April 16, 2002, the City Council continued the consideration of the project
indefinitely directing staff to investigate cost participation opportunities with MnDOT
and easement acquisition costs with the impacted property owners for further
consideration by the Council.
• MnDOT has indicated that they will only remove their existing ditch block within the
TH 13 right-of-way. While a necessary component of Alternate No. 4 included in the
feasibility report, the monetary value of this contribution is insignificant to the cost of
the overall project. There is no willingness to participate to any larger degree on the
proposed improvements.
• A preliminary appraisal was obtained for the easement required as a part of Alternate
No. 4 (originally estimated to be the cheapest of the four options). The estimated cost
of the easement is $141,600. While the property owner has indicated he would
consent to such an offer, this alternative is no longer the cheapest one
• The drainage concerns expressed by the original petitioner remain and he is patiently
awaiting a Council decision for some type of improvement. It would be appropriate
for the City Council to schedule an updated public hearing to formally present and
discuss the merits of this project and the feasibility of remaining options.
�z
Agenda Memo
Eagan City Council Meeting
June 20, 2006
Consent
O. SOUTHEAST EAGAN REDEVELOPMENT PLAN. TAX
INCREMENT FINANCING DISTRICT AND TAX INCREMENT
FINANCING PLAN
ACTION TO BE CONSIDERED: To approve the Resolution Adopting a
Redevelopment Plan for Southeast Eagan Redevelopment Project Area No. 1, a
Resolution Establishing Southeast Eagan Tax Increment Financing District No. 1 therein
and a Resolution Adopting a Tax Increment Financing Plan for the District and authorize
a request for certification of the district by Dakota County.
FACTS:
• At its meeting of June 6, 2006, the City Council held a .public hearing to consider
the creation of a tax increment financing renovation and renewal district in the
area bounded by TH 3, Red Pine Lane, Biscayne Avenue and. Gun Club Road,
referred to as the Southeast Eagan Redevelopment District.
• At that time, the City Council found the background concerning the district to be
in order and authorized the preparation of a resolution to adopt the redevelopment
plan, to establish the TIF district and to adopt the tax increment financing plan for
the area. That resolution is in order at this time.
• Staff is also requesting authorization to have Ehlers and Associates submit the
documentation for certification by Dakota County at an appropriate time prior to
the increase in the area's base value.
• Detailed background concerning the district and plans was included in the June 6
attachments. Copies of prior background materials are available upon request.
ATTACHMENTS:
• Resolution on pages � through '1 s
• Summary description of district on pages 119 through
• Location map on page
CITY OF EAGAN
DAKOTA COUNTY
STATE OF MINNESOTA
Council member introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION ADOPTING A REDEVELOPMENT PLAN' FOR SOUTHEAST
EAGAN REDEVELOPMENT PROJECT AREA NO. 1; AND ESTABLISHING
SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. I THEREIN
AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR
BE IT RESOLVED by the City Council (the "Council") of the City of Eagan, Minnesota (the "City"),
as follows:
Section 1. Recitals
1.01. It has been proposed by the Board of Commissioners (the "Board") of the Eagan Economic
Development Authority (the "EDA") and the City that the City establish Southeast Eagan Redevelopment
Project Area No. l and adopted the Redevelopment Plan therefor (the "Redevelopment Plan"). And establish
Southeast Eagan Tax Increment Financing District No. 1 (the "District") therein and adopt a Tax Increment
Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan and the TIF Plan are referred to collectively
herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes,
Sections 469.090 to 469.1082 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as
reflected in the Plans, and presented for the Council's consideration.
1.02. _ The EDA and City have investigated the facts relating to the Plans and have caused the Plans
to be prepared.
1.03. The EDA and City have performed all actions required by law to be performed prior to the
establishment of the District and the adoption and approval of the proposed Plans, including, but nover not limited
to,
notification of Dakota County and Independent School District No. 196 having taxing jurisdiction
he
property to be included in the District, a review of and written comment on the Plans by the City Planning
Commission, approval of the Plans by the EDA on May 16, 2006, and the holding of a public hearing upon
published notice as required by law.
1.04. Certain written reports including a Report of Inspection Procedures and Results for
Determining Qualifications of a Tax Increment Financing District as a Renewal and Renovation District. LBB,
Inc. March 31, 2006 and the City of Eagan Comprehensive Guide Plan Update of 2000 (the 'Reports") relating
to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants
and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports
include data, information and/or substantiation constituting or relating to the basis for the other findings and
determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which
are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full
herein.
Section 2. Findings for the Adoption and Approval of the Plans
2.01. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the
effect of such actions will be, to provide an impetus for development in the public interest and accomplish
certain objectives as specified in the Plans, which are hereby incorporated herein.
Section 3. Findings for the Establishment of Southeast Eagan Tax Increment Financing District No. 1
3.01. The Council hereby finds that the District is in the public interest and is a "renewal and
renovation district" under Minnesota Statutes, Section 469.174, Subd. 10a.
3.02. The Council further finds that the proposed redevelopment would not occur solely through
private investment within the reasonably foreseeable future and that the increased market value of the site that
could reasonably be expected to occur without the use of tax. increment financing would be less than the
increase in the market value estimated to result from the proposed development after subtracting the present
value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment
Financing Plan, that the Plans conform to the general plan for the development or redevelopment ofthe City as
a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a
whole, for the development or redevelopment of the District by private enterprise.
3.03. The Council further finds, declares and determines that the City made the above findings
stated in this Section and has set forth the reasons and supporting facts for each determination in writing,
attached hereto as Exhibit A.
3.04. The Eagan Economic Development Authority elects to calculate fiscal disparities for the
District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause b, which means the fiscal
disparities contribution would be taken from inside the District.
Section 4. Public Purpose
4.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help
fulfill a need to redevelop an area of the State of Minnesota which is underutilized and that the adoption of the
proposed Plans will preserve and enhance the tax base of the City and the State because it will facilitate the
redevelopment of areas with the substandard buildings and obsolete land use and promote commercial
development in the area. For the reasons described in Exhibit A, the City believes these benefits directly
derive from the tax increment assistance provided under the Plan. The developer will receive only the
assistance needed to make this development financially feasible. As such, any private benefits received by the
developer are incidental and do not outweigh the primary public benefits.
Section 5. Approval and Adoption of the Plans
5.01. The Plans, as presented to the Council on this date, including without limitation the findings
and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and
shall be placed on file in the office of the City Administrator.
5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to
proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its
consideration all further plans, resolutions, documents and contracts necessary for this purpose.
5.03 The Auditor of Dakota County is requested to certify the original net tax capacity of the
45
District, as described in the Plans, and to certify in each year thereafter the amount by which the original net
tax capacity has increased or decreased; and the Eagan Economic Development Authority is authorized and
directedto forthwith transmit this request to the County Auditor in such form and content as the Auditor may
specify, together with a list of all properties within the District, for which building permits have been issued
during the 18 months immediately preceding the adoption of this resolution.
5.04. The City Administrator is further authorized and eOeof the ..State Auditor pursuant directed t file
t
Commissioner of the Minnesota Department of Revenue and th
Minnesota Statutes 469.175, Subd. 4a.
The motion for the adoption of the foregoing resolution was duly seconded by Council member
, and upon a vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Dated: June 6, 2006
Mayor
(Seal)
ATTEST:
City Administrator
4(jo
EXHIBIT A
RESOLUTION NO.
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TEF Plan) for
Southeast Eagan Tax Increment Financing District No. 1 (District), as required pursuant to Minnesota Statutes,
Section 469.175, Subdivision 3 are as follows:
Finding that Southeast Eagan Tax Increment Financing District No. I is a renewal and renovation district
as defined in M.S., Section 469.174, Subd. 10a.
The District consists of 7 parcels, with plans to redevelop the area for commercial/retail purposes. An
inventory shows that more than 70% of the area of the District consists of occupied parcels. To be occupied,
at least 15% of the area of the parcel is covered by buildings, streets, utilities, paved or gravel parking lots, or
other similar structures. An inspection of the buildings located within the District finds that more than 20%
of the buildings are structurally substandard as defined in the TIF Act. An inspection of the buildings located
within the District finds that more than 30% of the other buildings require substantial renovation or clearance
to remove existing conditions such as defined in the TIF Act.
2. Finding that theproposed development, in.the opinion of the City Council, would not reasonably be expected
to occur solely through private investment within the reasonably foreseeable future and that the increased
market value of the site that could reasonably be expected to occur without the use of tax increment
financing would be less than the increase in the market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the maximum duration of
the District permitted by the TIF Plan.
The proposed development, in the opinion of the City, would not reasonably be expected to occur solely
through private investment within the reasonably foreseeable future: This finding is supported by the fact
that the redevelopment proposed in the TIF Plan meets the City's objectives for redevelopment. The
proposed development includes retail and commercial development, and complies with the proposed master
plan for the area. Due to the high cost of redevelopment on the parcels currently occupied by substandard
buildings, the limited amount of commercial/industrial property for expansion adjacent to the existing
project, the incompatible land uses at close proximity, and the cost of financing the proposed improvements,
this project is feasible only through assistance, in part, from tax increment financing. Redevelopment
expenses totaling at least $330,000 have been identified for Phase I. Additional redevelopment expenses may
be incurred in future phases, and the City will analyze the need for assistance at the time of the development.
These expenses include land acquisition, demolition, and site preparation.
The developer was asked for and provided a letter and a proforma as justification that the developer would
not have gone forward without tax increment assistance. (See attachment in Appendix G of the TIF Plan.)
The increased market value of the site that could reasonably be expected to occur with the use of tax
increment financing would be less than the increase in market value estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the maximum duration of
the District permitted by the TIF Plan: This finding is justified on the grounds that the cost of site and public
improvements and utilities add to the total redevelopment cost. The site currently contains properties and
buildings that qualify as blighted and substandard under the Tax Increment Law, as documented in the report
provided by LHB. Historically, site and public improvements costs in this area have made redevelopment
infeasible without tax increment assistance. A Master Plan for the area has been completed, and the City has
goals to redevelopment the area. Therefore, the City reasonably determines that no other redevelopment of
similar scope is anticipated on this site without substantially similar assistance being provided to the
4l
development.
A comparative analysis of estimated market values both with and without establishment of the District and
the use of tax increments has been performed as described above.. If all development which is proposed to be
assisted with tax increment were to occur in the District, the total increase in market value would be up to
$22,907,100. The present value of tax increments from the District is estimated to be $1,573,694. It is the
CounciPs finding that no development with a market value of greater than $21,333,406 would occur without
tax increment assistance in this district within 25 years. This finding is based upon evidence from general
past experience with the high cost of acquisition and public improvements in the general area of the District.
(See Cashflow in Appendix D of the TIF Plan.)
3. Finding that the TIF Plan for the District conforms to the general plan for the development or
redevelopment of the municipality as a whole.
The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general
development plan of the City.
istrict will afford maximum opportunity, consistent with the sound needs
¢. Finding that. the TIFPIan for the D .
of the City as a whole, for the development or redevelopment of Southeast Eagan Redevelopment Project
Area No. I by private enterprise.
The project to be assisted by the District will preserve and enhance the tax base of the City and the State.
LIP6
Ehlers & Associates, Inc.
Tax Increment Financing District Overview
City of Eagan
Southeast Eagan Tax Increment Financing District
No. 1
The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for
Southeast Eagan TIF District No. I. More detailed information on each of these topics can be found in the
complete TIF Plan.
Proposed action: Establishment of Southeast Eagan TIF District No. 1 (District) and the
adoption of a Tax Increment Financing Plan (TIF Plan).
See Subsection 1-10, page 1-6 of the TIF Plan for the full budget
authorization. Additional uses of funds are authorized which include
inter -fund loans and transfers and bonded indebtedness.
Adoption of a Redevelopment Plan for .. Southeast Eagan
Redevelopment Project Area No. l .
Type of TIF District:
A renewal and renovation district
Parcel Numbers:
103180005001
*a portion of 100360002179
103180004001
103180003001
100360002279
103180002001
103180001001
*Please note that this parcel is currently in the process of being
subdivided and will be assigned a new parcel number.
Proposed Development:
The Distract is bung created to facilitate the construction of a
commercial and retail project in the City
Maximum duration:
The duration of the District will be 15 years after receipt of the first
increment by the EDA or City (a total of 16 years of tax increment).
The date of receipt by the City of the first tax increment is expected to
be 2008. Thus, it is . estimated that the District, including any
of the TIF Plan for subsequent phases or other changes,
modifications
would terminate after 2023 or when the TIF Plan is satisfied.
Estimated annual tax
Up to 245,879
increment:
Proposed uses:
The TIF Plan contains a budget that authorizes the maximum amount
that may be expended:
Land/Building Acquisition ...............................................$550,000
Site Improvements/Preparation ..:.......................................$350,000 .
Public Utilities....................................:..........................$200,000
Public Parking Facilities ....................................................$100,000
Streets and Sidewalks......................................................:$300,000
Interest.... .................................... ............................. $1,470,000
Administrative Costs (up to 10%) .................................... 3
TOTAL PROJECT COSTS .......................................
See Subsection 1-10, page 1-6 of the TIF Plan for the full budget
authorization. Additional uses of funds are authorized which include
inter -fund loans and transfers and bonded indebtedness.
4 Year Activity Rule
(� 469.176 Subd 6)
TIFDIAdd Overview
Up to 10% of aanuaL mcremen LL waw �-' w --------
After four years from the date of certification of the District one of the
following activities must have been commenced on each parcel in the
District:
Demolition
• Rehabilitation
• Renovation
Other site preparation (not including utility services such as
sewer and water)theaPFroximately June
If the activity has not been started by'the.
taken from that
2010, no additional tax increment may be
parcel until the commencement of a qualifying activity.
5 Year Rule Within 5 years of certification revenues derived from tax increments
(§ 469.1763 Subd 3) must be expended or obligated to be expended. Tax increments are
considered to have been expended on an activity within the District if
one of the following occurs. aid to a third party with respect to
• The revenues are actually P
the activity
• Bonds; the proceeds of which must be used to finance the
activity, am issued and sold to a third party, the revenues are
spent to repay the bonds, and the proceeds of the bonds either
are reasonably expected to be spent before the end of the later
of (i) the. five year period, or (ii) a reasonable temporary period
within the meaning of the use of that term under §. 148(c)(1) of
the Internal Revenue Code, or are deposited in a reasonably
required reserve or replacement fund are entered into for
• Binding contracts with a third party
performance of the activity and the revenues are spent under
the contractual obligation
Costs with respect to the activity are paid and the revenues are
spent to. reimburse for payment of the costs, including interest
on unreimbursed costs.
Any obligations in the Tax Increment District made after
approximately June, 2011, will not be eligible for repayment from tax
increments.
- .. '
The reasons and facts siipp6rting the finding' for the adoplxon of the TIF Plan for .the District are
included in Exhibit A of the City Council Adopting Resolution'
Page2
TIF DisMd Overview
MAP OF SOUTHEAST EAGAN REDEVELOPMENT PROJECT AREA NO. I
AND SOUTHEAST EAGAN TAX INCREMENT FINANCING DISTRICT NO. I
Page 3
51
SOUTHEAST EAGAN REDELOPMENT
PRGUECT AREA NO.1
SOUTHEAST EAGAN TIF DISTRICT NO.1
CRY OF EAGAN
COUNTY OF DAKOTA
STATE OF MINNESOTA
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Agenda Information Memo
June 20, 2006 Eagan City Council
P. FINAL SUBDIVISION (YANKEE SQUARE) — MFC PROPERTIES
ACTION TO BE CONSIDERED:
To approve a Final Subdivision (Yankee Square) to create three lots on approximately 4.99
acres located at 3460 and 3470 Washington Drive in the NE'/4 of Section 16.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present.
FACTS:
➢ The Preliminary Subdivision was approved February 21, 2006.
i All documents and Agreements are anticipated to be in order for execution at the regular
meeting of the City Council.
ATTACHMENTS (1):
Final Plat, page 55
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Agenda Memo
June 20, 2006
Regular City Council Meeting
CONSENT AGENDA:
Q. Premise Permit Renewal for Metro Baseball League
ACTION TO BE CONSIDERED:
Approve premise permit renewal for Metro Baseball League to conduct a pull -tab
operation at Joe Sensers Grill and Bar, 3010 Eagandale Place
FACTS:
• The Metro Baseball League has applied with the Minnesota Gambling Board for
the renewal of the Premise Permit at Joe Sensers
• The League has conducted a pull -tab operation at Joe Sensers since 2002 and
there have been no reported problems
• Staff has reviewed the application and sees no reason to deny
ATTACHMENTS:
None. (The application is available for review in the Administration Department)
Agenda Memo
June 20, 2006 City Council Meeting
R. AWARD CONTRACT TO HARRIS CONTRACTING COMPANY
FOR THE PURPOSE OF INSALLING ENERGY CONSERVATION MEASURES
AT THE EAGAN CIVIC ARENA AND AUTHORIZE THE MAYOR TO SIGN THE
APPROPRIATE DOCUMENTS.
ACTION TO BE CONSIDERED:
Award a contract to Harris Contracting Company to install energy conservation measures at the
Eagan Civic Arena.
FACTS:
• In 2005 an energy audit was completed by Harris Companies in conjunction with Dakota
Electric and Aquila Natural Gas Services to review the efficiency of equipment at the Civic
Arena.
• The audit was designed to identify ways in which the City of Eagan could make
improvements to the building, change operations or procedures to improve the energy
efficiency, and to save dollars by reducing operating costs. All three projects represented
by Harris Companies and included by staff for consideration indicate a pay -back on
investment of 3 years or less.
• These proposals were reviewed by the Operations Committee who supported bringing them
forward for the Council to consider.
• The Council took action on April 18 to solicit bids for this project. During the process of
preparing plans and specifications staff learned that according to State Statutes, projects
that are done solely for energy efficiency with a specifically defined payback period that
can be guaranteed, are not subject to the bidding process. This information was shared with
the City Attorney's Office to clarify for accuracy and to have them provide the details of
how this could be managed. They verified the information and will ensure that the
appropriate process is followed to meet the statute requirements.
• The Council took action on May 16 to receive the energy audit report and recommendations
and directed staff and the City Attorney to complete the necessary documentation and
provide information pertaining to the potential funding.
• Three specific areas that were identified for potential improvement are included in the
contract prepared by the City Attorney:
o Boiler upgrade -- The current boiler system needs to be re -engineered and one of
the existing boilers replaced. The new design will improve the efficiency of the
existing operation and will complete the design to use the new boiler and current
heating systems to add heat to the East Arena as needed. (The East Arena is
currently unheated.).
■ Budgeted for 2006 (R&R) $15,000
■ Replacement Boiler $18,083
($3,083 not budgeted at this time.)
57
o De -Super heater -- This device is designed to use the heat produced by the
compressors (used -to cool the ice) to heat the sub floor below -the ice sheet, which
will prevent frost build-up. This will also help melt the snow from the resurfacer
after the ice is cleaned each hour. This heater will work together with the boiler
system to provide efficient "waste" heat in needed areas.
■ De -Super heater $25,194
o Replace lighting in East and West Arenas -- New technology creates improved
lighting levels in arenas. This project would replace current lighting features over
the arenas and would provide a utility cost savings along with more consistent
lighting in the buildings.
■ Replace lighting $33,518
• The addition of these improvements will certainly enhance the operation of the
buildings as they currently exist and would remain beneficial if any expansion to the
facility would be considered in the near future.
• The total cost for the three items identified above will be $118,753.25. The total rebates
offered will be $41,958.00 for a net cost of $76,795.25.
• Of the $76,795.25, $15,000 was budgeted in 2006 under renewal and replacement to
replace the boiler. The balance of the expenditures is proposed to be funded through
retained earnings.
ATTACHMENTS:
• Contract and exhibit on page�� through
M
ENERGY CONTRACT
THIS ENERGY CONTRACT (hereinafter "Contract") is made this day of June,
2006, by and between the City of Eagan, a Minnesota municipal corporation (hereinafter
"Eagan"), and Harris Contracting Company, a Minnesota corporation (hereinafter "Harris").
Eagan and Harris shall be collectively referred to as the "Parties."
WHEREAS, Harris has proposed a contract with Eagan for an energy conservation
measure of a facility alternation designed to reduce energy consumption or operating costs. The
energy conservation measure (within the meaning of MiNN. STAT. § 471.345, subd. 13) is
attached as Exhibit "A;" and
WHEREAS, this is a guaranteed energy savings contract meaning a contract for the
evaluation and recommendation of an energy conservation measure,, and acquisition and
installation of an energy conservation measure; and
WHEREAS, Harris states that it is a "qualified provider" being a business experienced in
the design, implementation and installation of energy conservation measures; and
WHEREAS, Harris shall provide a performance bond in the amount of the contract over
the life of the realized simple payback period to ensure its faithful performance under the
contract; and
WHEREAS, Harris' estimate of the amount by which energy or operating cost will be
reduced are attached hereto as Exhibit "A;" and
WHEREAS, Harris guarantees that the savings will meet or exceed the costs of the
energy conservation measures over a period of not more than 15 years; and
WHEREAS, Eagan, based on the representations of Harris, finds as follows:
1. That this is a guaranteed energy savings contract;
2. That Harris is a qualified provider;
3. That after a review of Harris' report, Eagan finds that the amount it would
spend on energy conservation measures recommended in the report
(Exhibit "A") is not likely to exceed the amount to be saved in energy and
operational costs over 15 years from the date of installation, if the
recommendations in the report are followed; and
4. Harris has provided a written guarantee that the energy or operating cost
savings will meet or exceed the costs of the system.
NOW, WHEREFORE, based on the foregoing, Eagan and Harris agree as follows:
1. ENERGY MEASUREs. Harris shall install the energy conservation measures
listed on Exhibit "A" (the "Project");
2. TYPE OF PROJECT. The installation of the Project shall be a "turnkey"
operation;
3. COMPLETION DATE. The Project shall be completed not later than
4. PERFORMANCE BOND. Harris, prior to commencement of the Project, must
deliver a performance bond in favor of the Eagan, in a form acceptable to
the City Attorney, in the amount of this contract;
5. INSURANCE. Prior to commencement of the Project, Harris shall provide a
certificate of insurance, in a form acceptable to the City Attorney, naming
Eagan as an additional insured.
6. ENERGY SAVING GUARANTY. Harris guarantees the full amount of the
energy savings and rebates as shown on Exhibit "A." At such time as the
entire savings and rebates to recover the cost of the project on a simple
payback calculation have been realized by Eagan (over a period of not
more than 15 years), the performance bond will be released by Eagan;
7. ' REPORTING. Eagan shall not less often than quarterly make a report to
Harris concerning the savings and rebates realized. Harris may, at its own
expense, audit Eagan's records with respect to energy and operating
savings and rebates.
8. PROJECT WARRANTY. Harris warrants that its work shall be free from
defects and the products shall work as . prescribed for one year from
completion and acceptance of the Project by Eagan;
9. PROJECT PAYMENT. Eagan shall pay Harris the sum of $118,753.25, upon
final completion and acceptance of the Project by Eagan;
10. ENTIRE AGREEMENT. An alteration or deviation from this Contract
involving extra work, cost of materials or labor will become an extra
charge to be negotiated between Eagan and Harris;
11. TYPE OF AGREEMENT. The Parties acknowledge that it is their intention
that this be a "guaranteed energysavings contract" within the meaning of
MILAN. STAT. § 471.345, subd. 13(d);
Pa
ISI
12. PAYMENT OF TAxES. Harris shall comply with all state and federal tax.
laws and shall pay any required sales, employment, unemployment or use
taxes as each is due and payable.
1.3. ASSIGNABILITY. Harris binds itself jointly and severally, its successors and
assigns to the City and respects all covenants of this Contract. With the
exception of City -approved consultants and special consultants, Harris
shall not assign, sublet or transfer any part of its interest in this Contract,
except upon written approval of the City.
14. HOLD HARMLESS. Harris shall indemnify, save and hold the City, its
representatives and employees harmless from any and all claims and
causes of action, including all attorneys' fees incurred by the City, arising
from the negligent or fraudulent performance of this Contract by Harris or
Harris' agents or employees.
15. COMPLIANCE WITH CITY CODE. Harris shall comply with all City.Code and
all permits issued in connection with the work performed hereunder.
The Parties have agreed to this contract this day of
.2006.
HARRIS CONTRACTING COMPANY,
a Minnesota corporation
M-
Its:
CITY OF EAGAN, a Minnesota municipal
corporation
By:
Pat Geagan
Its: Mayor
By:
Maria Petersen
Its: Clerk
3
(01
EXHIBIT "A"
Harris Contracting Company, a Minnesota corporation, agrees to provide the City of Eagan at the
Eagan Civic Arena 3870 Pilot Knob Road, Eagan, Minnesota 55122, with the following:
1. Installation of a De -Super heater and new high efficient boiler 95% (AFUE) for the ice
arena system. Harris will do the engineering, labor and materials included in the De -Super heater, pumps,
piping and new connection to existing system. Harris will integrate the heat recovery coils that exist
above the bleachers.
2. The new boiler is to be installed in the boiler room in the place of one of the two existing
boilers. The high efficiency boiler will be used as the primary boiler so that the arena maximizes the
savings all the time. Installation, controls, venting, piping, labor and materials are included.
The cost of the boiler is $20,000.00. The cost of the De -Super heater is $36,664.00.
Total cost boiler and super heater: $56,664.00
Rebates: $13,387.00
Yearly Savings for De -Super heater: $16,662.98
Yearly Savings for Boiler: $ 1,830.80
Total Yearly Savings: $18,493.78
Lighting and Controls ECUs.
Lighting east arena
$12,524.52
Lighting west arena:
$14,162.73
ECO's 12, 13 and 16 in west arena:
$14,762.00
ECO's 22, 23 and 26 in east arena:
$20,640.00
Total Cost:
Rebates:
$62,089.25
$28,571.00
Annual Savings:
Lighting east and west arena: $6,558.03
East arena ECO's 22,23 and 26:$9,489.31
West arena ECO's 12, 13 and 16: $10,926.01
Total Yearly Savings:
$26,973.35
Add and install control to setback ice temperatures (Optional -not included in original contract amount). .
ECO's 11 and 17: $11,106.00
ECO's 21 and 27: $12,318.00
Total Cost: $23,424.00
Rebates: $4,264.00
Annual Savings:
ECO's 11 and 17: $3,870.27
ECO's 21 and 27: $3,133.71
The amount of payment from the City to Harris in completion of the contract is $118,753.25.
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
S. GUN CLUB ROAD — RIGHT-OF-WAY VACATION
ACTION TO BE CONSIDERED: Receive the petition to vacate a portion of a public
right-of-way (Gun Club Road) adjacent to proposed Red Pine Crossing (Parcels 10-
03600-021-79 and 10-03600-022-79) and schedule a public hearing to be held on July 18,
2006.
FACTS:
• On January 20, 2006, City staff received a petition from Quinn Hutson, CNH
Architects representing Revestors, Inc., the developers of proposed Red Pine
Crossing, requesting the vacation of a portion of public right-of-way (Gun Club
Road) adjacent to Parcels 10-03600-021-79 and 10-03600-022-79 (Red Pine
Crossing), east of Highway 3 in southeast Eagan.
• The petition was held to coincide with the final subdivision approval process for the
Red Pine Crossing development.
• On June 12, 2006, final subdivision submittal was made by the developer of Red Pine
Crossing, Revestors, Inc.
• The purpose of the request is to allow the developer to construct the Red Pine
Crossing development as approved with the preliminary planned development and
subdivision, with utilization of the vacated Gun Cub Road right-of-way.
• The Gun Club Road right-of-way east of the Red Pine Crossing development will
remain.
• 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 scheduled
public hearing.
ATTACHMENTS:
• Location Map, page ! .
• Easement Vacation Exhibit, page (05-.
(03
City of Eap
Engineering Department
Red Pine Crossing/ Gun Club Road
Right -of -Way Easement Vacation
Location Map (OL
6/12/06
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
T CONTRACT 04-05, WELL NO. 20
PUMPING EQUIPMENT
ACTION TO BE CONSIDERED: Approve the final payment for Contract 04-05 (Well
No. 20 - Pumping Equipment) in the amount of $9,485.05 to Encomm Midwest, Inc., and
accept the improvements for perpetual City maintenance subject to warranty provisions.
FACTS:
• Contract 04-05 provided for the completion of the improvements at Well House No.
20, including a vertical turbine pump, piping and appurtenances, mechanical and
electrical systems. The well is now fully operational and contributing to the City's
public water supply.
• 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.
RED PINE ; CROSSING
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ROAD TO BE VACATED
' That part of 117s' Street East (also known as Gun Club Road) which lies northerly of .
the south line of the Northwest Quarter of the Southeast Quarter of Section 36,
Township 27, Range 23, Dakota County, Minnesota, westerly of HALLEY'S 1ST
ADDITION, according to the recorded plat thereof, Dakota County and easterly of the
easterly right of way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad.
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e
ROAD TO BE VACATED
' That part of 117s' Street East (also known as Gun Club Road) which lies northerly of .
the south line of the Northwest Quarter of the Southeast Quarter of Section 36,
Township 27, Range 23, Dakota County, Minnesota, westerly of HALLEY'S 1ST
ADDITION, according to the recorded plat thereof, Dakota County and easterly of the
easterly right of way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad.
Y >Y q 9Y rVTN B B
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7
7
Rehder and Associates. Inc.
Agenda Memo
June 20, 2006 City Council Meeting
U. ACCEPT A DONATION FROM THE EAGAN LIONESS FOR A BENCH
TO BE PLACED WITHIN CENTRAL PARK
ACTION TO BE CONSIDERED:
Approve the acceptance of a $1200 donation from the Eagan Lioness for the purchase and
installation of park bench in Central Park
FACTS:
• The master plan for Central Park includes the installation of several benches throughout
the park, the style of which has been pre -selected to ensure continuity.
• Donations, for the purchase of benches or other approved park amenities, are encouraged.
• The Lioness group has expressed an interest in purchasing a bench for installation in the
area of the band shell, near the new playground.
• A small engraved plaque will be mounted on the bench.
• The cost of a bench including materials for installation is $1200.
ATTACHMENTS:
None
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
V. HIRING COMMUNITY TECHNOLOGY ADVISORS — CITY OF
EAGAN
ACTION TO BE CONSIDERED:
To approve hiring Community Technology Advisors to assist with telecommunications
infrastructure language in the Comprehensive Plan Update and to outline possibilities to
incorporate the same for City ordinances and subdivision regulations for an amount not to
exceed $7,000.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The City has begun preliminary work on the Comprehensive Plan Update required in
2008.
➢ Telecommunication services provide a critical community asset and should be
reflected in the City's visioning document.
➢ Community Development staff approached Bill Coleman, Community Technology
Advisors, requesting a proposal to provide options for incorporating
telecommunication infrastructure goals & policies in the Plan Update.
➢ A second component of the proposal requested of Mr. Coleman was preparation of
sample language regarding telecommunications that could be considered for
inclusion in the City ordinances and subdivision regulations.
➢ Community Technology Advisors was the consultant to the Eagan Technology Task
Force. Staff is suggesting retaining them for this contract rather than preparing a
request for proposal because of the firm's experience generally and their experience
with directly related issues in Eagan over the past two years.
ATTACHMENTS: (1)
Community Technology Advisors proposal on pages 0 through
Community
Technology
Advisors Corp. ,_
June 5, 2006
Mr. Jon Hohenstein
Mr. Mike Ridley
City of Eagan
Eagan, MN
Gentlemen:
Thank you for the opportunity to present this proposal to the City of Eagan.
The attached pages outline:
• Understanding of the problem to be solved,
• Objectives of the effort,
• Scope of activities,
• The approach to be followed, and
• Timing and fees
Understanding
Telecommunications infrastructure and services are recognized by the City of Eagan as a
critical community asset. City leaders would like this importance to be reflected by its
inclusion in the updated Comprehensive Plan. The work of the Eagan Technology Task
Force should serve as the foundation for this new section of the updated Comprehensive
Plan.
In addition, this is an opportune time to update City ordinances related to
telecommunications infrastructure and services. Development and redevelopment
projects with affiliated road and utility construction projects provide opportunities to
provide cost-effective telecommunications investments for both public and private sector.
Community Technology Advisors 1732 Briarwood Avenue Mahtomedi, MN 55115
bill �communitytechnologyadvisors.com 651-491-2551
r�
Clear and forward-looking ordinances will stimulate consistent deployment of
telecommunications infrastructure across the city over time.
Objectives
I understand that the City is seeking assistance to accomplish two tasks:
1. Provide alternatives and recommendations regarding telecommunications issues
related to the Comprehensive Plan update.
2. Provide alternatives and recommendations to update or create municipal
ordinances and subdivision regulations related to rights of way management and
roads and/or utility construction, specifically related to telecommunications.
Approach
For both Comprehensive Plan and ordinance development, CTAC will:
1. Meet with city staff, technology task force members and others to gather input on
community goals and objectives related to telecommunications infrastructure
deployment.
2. Gather input from key stakeholders who might be affected by the plan and
ordinances.
3. Research and document examples related to comprehensive plans and ordinances
that meet the objectives of the community.
4. Draft and present a range of policy choices for consideration.
5. Prepare final documents based on feedback from staff and local officials.
6. Attend public meetings, as necessary, to assist in the adoption process.
Products
1. A document suitable for inclusion as a Telecommunications section into the
Comprehensive Plan.
2. A draft Telecommunications Ordinance for consideration by the Eagan City
Council with revisions made as appropriate.
Page 2 of 3
7D
Timiniz and Fees
Community Technology Advisors is prepared to begin as soon as authorized to proceed.
Bill Coleman's time will be billed at $125 per hour. I will only bill for hour worked on
this project. On the basis of our current understanding, we estimate that our involvement
will range between 40- 50 hours and that the duration of this effort will be approximately
3 months. Based on this estimate, the fee will range between $5,000 and $6,250 and will
not exceed $7,000. I will also bill you for out-of-pocket expenses incurred on your
behalf. Should any condition arise that changes the scope or nature of our involvement, I
will notify you immediately and obtain your approval before proceeding.
Information on Bill Coleman
Bill Coleman of Community Technology Advisors Corp. (CTAC) will serve as project
manager. CTAC has been in business for six years and has assisted communities in
seven states assess their telecommunications infrastructure and services and measure and
increase demand for advanced telecommunications services. All of these projects have
led to an increased understanding of the issues and the possibilities related to
telecommunications and technology by key community decision makers. Many of these
projects have led to increased levels of telecommunications services, implemented by a
variety of providers.
More information about Community Technology Advisors is available at
www.communiWechnologyLdvisors.com.
I appreciate this opportunity provide services to the City of Eagan and look forward to
working with you on this engagement. I will devote our best effort to the work to be
performed. Should you have any questions regarding this proposal, please do not hesitate
to call me at 651-491-2551.
As acceptance of this proposal, please sign the acknowledgment copy of this letter and
return it.
Very truly yours,
OT" , I ,
Bill Coleman
We are in agreement with the scope and terms as outlined.
Name
City of Eagan
Date
`1 1 Page 3 of 3
Agenda Information Memo
June 20, 2006, Eagan City Council Meeting
W. EXTEINSIUN YUK ISKS u"10LT Jyl0huu ri.r&i -
ACTION TO BE CONSIDERED:
To approve a 90 -day extension of time to record the final plat for Oakview Center 2nd Addition,
located south of Lone Oak Road and north of Hwy. 55 in the NW 1/4 of Section 12.
REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present
FACTS:
➢ The City Council approved the final plat on April 4, 2006. The plat is required to be
recorded within 60 days of approval.
➢ The applicant is requesting an extension to allow an additional 90 days to record the final
plat. They are holding off on recording the plat pending a Phase 2 environmental study,
the results of which are anticipated within the next 30 days.
➢ The 90 -day extension would allow until September 1, 2006 for the plat to be recorded:
ATTACHMENTS (1):.
Letter from Rian Gamble, Eagan Hospitality Group, expected before Tuesday's Council meeting
72
Agenda Memo
June 20, 2006
Regular City Council Meeting
CONSENT AGENDA:
X. Award bid for a diesel exhaust removal system for the five fire stations.
ACTION TO BE CONSIDERED:
Approve low bid for diesel vehicle exhaust system for the five fire stations from
Air Technology Solutions.
FACTS:
• The Fire Department was awarded a grant for a diesel exhaust removal system
in the 2005 Assistance to Firefighters Grant Program.
• The grant was for $82,253 with a 20% match form the City of Eagan for
$20,563. The total amount with match is $102,816.
• The Fire Department received three bids for this project:
1. Magnegrip Corporation for $147,936.
2. TNC Industries for $137,822.
3. Air Technology Solutions for $101,679.
• The Fire Department is recommending approval of the bid from Air
Technology for $101,679 for a diesel exhaust system for the, five fire stations.
ATTACHMENTS:
• None (Bids will be available for review in the Fire Department)
Agenda Information Memo
June 20, 2006 Eagan City Council
Y. EXTENSION FOR RECORDING FINAL PLAT (KENNERICK THIRD
ADDITION) —GAIL MCMAHON
ACTION TO BE CONSIDERED:
To approve (OR deny) an extension to July 10, 2006 to record the Final Plat for Kennerick Third
Addition, located west of Pilot Knob Road and north of Lone Oak Road in the, SE '/4 of Section 4.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The City Council initially approved the Final Plat on November 15, 2005, and required the
plat be recorded within 60 days of approval.
➢ The applicant was granted a 60 day extension for recording by the City Council on January
17, 2006. The recording deadline was March 17, 2006.
➢ The applicant was not able to record the plat within the deadline. Due to a number of
circumstances.
➢ The applicant was granted a 75 day extension to work out issues with Dakota County and her
mortgage company. The recording deadline was May 29, 2006
➢ The applicant is waiting for her mortgage company to approve the County changes made to
the plat.
➢ The 30 day extension will allow the applicant to work out the issues with her mortgage
company and record the Plat by July 10, 2006.
ATTACHMENTS (1):
Plat drawing on page [1) J
14.
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Agenda Information Memo
June 20, 2006 Eagan City Council
VI. OLD BUSINESS
A. COMPREHENSIVE GUIDE PLAN AMENDMENT — PASTER
ENTERPRISES, INC.
ACTION TO BE CONSIDERED:
To continue this request to the February 6, 2007 City Council meeting for consideration of a
Comprehensive Guide Plan Amendment to change the land use designation from Special Area
— Office/Service, to Special Area — Retail Commercial, upon approximately 24 acres located
north of Yankee Doodle Road and west of Central Parkway in the SE V4 of Section 9.
REQUIRED VOTE FOR APPROVAL: At least four votes
FACTS:
➢ This item was continued from the November 15, 2005 City Council meeting.
➢ The applicant has submitted a letter updating the Council on progress with regard to the
development -- securing anchor tenants for the retail center and preparation of
Preliminary Subdivision and Preliminary Planned Development application submittals.
➢ Paster Enterprises needs additional time to prepare the detailed plans necessary for the
Preliminary PD. and Subdivision submittals and to recruit specific retailers for this
development.
➢ When this request was first before the Council on May 17, 2005, the Council expressed a
desire for more detailed plans and information regarding the conceptual development,
including identification.of anchor tenants. The applicant has requested continuance of the
pending Comprehensive Guide Plan Amendment to allow time to prepare more detailed
development plans, and secure anchor tenants.
➢ Paster anticipates submitting the other corresponding applications this fall (2006). Once
submitted, the Comprehensive Guide Plan Amendment (on the Gangl property), the
Preliminary PD and Preliminary Subdivision applications must go to the Advisory
Planning Commission and then to the City Council, a process that takes 6-8 weeks.
➢ Continuing this request to the February 6, 2007, City Council meeting date should afford
time for Paster to secure anchor tenants for the development, prepare the additional
submittals and get through the public hearing process with the City's Advisory Planning
Commission.
60 -DAY STATUS: Deadline was previously extended to June 20, 2006. The applicant has
requested a further extension to February 2007 with this current request for a continuance.
ATTACHMENTS (2): 2,
Correspondence from Paster Enterprises dated June 14, 006, pages 7 7 through `y
City Council Meeting Minutes, May 17, 2005, page
2227 Univ&iity Av6ue •
OFSHOPPING CENTERS
Paul, MN 5511.4-1¢77
.4-10,77 # -05176464001 a rax 651-646-1389
CENTRAL PLAZA
the Comprehensive Land Use Guide Plan Amondmont
,
45th .& Central Ave. ME
June 15, 2006
Minneapolis, Minnesota
I
We *anticipate appearing before the City Council to discuss
Ms. Pamela Dudziak
MOUNDSVIEW SQUARE
eft of Eagan
CRYSTAL SHOPPING CENTER
3830 Pilot Knob Road
Bass Lake Road & West Broadway
Eagan, MN 55112-1.897
Crystal, Minnesota
the, City Coundit. at the abovemontioned date. Our hope is
RE.- Perron Property
CRYSTAL TOWN CENTER
Ea0ah, MIN:
Bass Lake Road '& West Broadway
Crystal, Minnesota
Dear Ms. Dudziak,
As a result of our scheduled appearance: at the June 20,,
DODDWAY SHOPPING CENTER
2006 City Council Meeting, we would like to. provide an
Stnith:& Dodd Road
West Sal I nt-Paul, Minnesota
update on our proposed Retail development and the
Saint Paul, Minnesota
continuance that was granted relating to our'Co.mprehen.sive
Land Use Guide Plan Amendment, Presently, We have either
LAMVILLE CROSSING
completed or proceeded, as far as possible with theftems
e
160th & Cedar Avenue
required, for in the Preliminary Planned Development
Lakeville; Minnesota
application. In order for us to complete the remaining
South Saint Paul, Minnesota
requirements and submit, we need to have= the exact sizes
LEXINGTON PLAZA SHOPPES
and locations for the proposed retail building locations
Lexington & Larpenteur
defined. Currently, we have not finaliked who: these, potential
Roseville, Minnesota
anchor retail tenants. :will . be.
At this time., we: would like to request that, the appiltatidn for
MENDOTA PLAZA
the Comprehensive Land Use Guide Plan Amondmont
,
State Highway 110 *& Dodd, Road
12
Submitted . , be , continued until February previousy
y
Mendota Heights, Minnesota
I
We *anticipate appearing before the City Council to discuss
the application: for the Preliminary 'Planned Development at
MOUNDSVIEW SQUARE
the December, 2006 schedujed� meeting. . We hope to submit
Highway 10 & Long Lake Road
the application for the. P0611minaty. Planned Development' by
Mounds View, Minnesota
November, 2006 which would result In an appearance before
the, City Coundit. at the abovemontioned date. Our hope is
that we would. be able to start construction In. the Spring, of
NORTHWAY$HOPPINGCENTER
2007,
State Highway 23 & Woodland.
Lexington/Circie Pines, Minnesota
We believe - this is still a strong retail site and we want to
ensure that we come forward with the most. appealing lineup
SIBLEY PLAZA
West 7th Street& Davern
of retailers.
Saint Paul, Minnesota
We look forward to appearing before the City Council in June;
2000, and continuing to work with you on the successful.
SOU7rHMW SHOPPING CENTER
development of this project.
Southview Boulevard & 13th Ave. S.
South Saint Paul, Minnesota
-77
Sincerely,
Paster Enterprises, LLC
Howard Paster
Principal.
CC: - E. Paster
K. Henk
Eagan City Council Meeting Minutes
May 17, 2005
Page 3
ARK AND TRAIL DEDICATION RECONSIDERATION — EAGAN DENTAL ASSOCIATES
City A ator Hedges introduced this item regarding a request for a refund of $5,275 for park�anlcation for an Dental Associates. City Planner Ridley gave a staff report. It was noted
considered the ma at their May 16, 2005 meeting and recommended a partial rebate ' for a conservation
easement over the
After discussion with the app t it was the consensus of the Council a refund for the park and trail dedication
was not warranted.
Councilmember Maguire moved, Counci ember Fiel conded a motion to deny a refund of $5,275.00 for park
and trail dedication for Lot 1, Block 2, Lexon Addition n (Eagan Dental Associates) Aye: 4 Nay: 0 (Tilley
abstained)
FINAL PLAT (HALLE 2ND ADDITION)
MANLEY LAND DEVELOPMENT
This itemwCs continued to July 19a' during the adoption of the agenda:
NEW BUSINESS
COMPREHENSIVE GUIDE PLAN AMENDMENT — PASTER ENTERPRISES, INC.
City Administrator Hedges introduced this item regarding a Comprehensive Guide Plan Amendment to change the
land use designation from Special Area — Office/Service, to Special Area — Retail Commercial, upon approximately
24 acres located north of Yankee Doodle Road and west of Central Parkway. City Planner Ridley gave a staff
report.
Howard Paster, Paster Enterprises, discussed the history of Paster Enterprises and the proposed retail development.
Ken Hempkist discussed the landscape design of the proposed site plan. Jack Andahl discussed the architectural
design and Vern Swing discussed traffic issues.
A representative of the Gramercy Co -Operative spoke in favor of the proposed Comprehensive Plan Amendment,
stating the retail development would be an asset to the area. Members of the Perron family, owners of the subject
property, and their attorney, requested the Council approve the amendment, stating there has been no interested
buyers for the land with the current zoning designation. One resident of the Gramercy Co -Op and a letter received
on May 17, 2005 opposed the proposed retail plans.
Councilmembers, staff and the City Attorney held a discussion which included an upcoming community survey, the
need for additional retail businesses in the City, and the inclusion of adjacent property in the proposed plan.
Councihnembers also spoke about the need to identify anchor tenants and a way to ensure the end product would be
as unique and exciting as the applicant portrayed when he explained the different types of features including
architecture, pedestrian connections, tenant mix, abundance of landscaping, etc. It was suggested by the City
Attorney that the applicant request this item be continued and bring additional information back before the Council
for further review. Mr. Paster requested that consideration of their application for a Comprehensive Guide Plan
amendment be continued until the June 21" meeting at which time an update on the proposed retail project will be
provided.
CE TO CREATE A MORATO -THEA —IN SOUTHEAST EAGAN
BOUNDED BY REDAD, STATE HIGHWAY 3 AND THE RED PINE
This item the agenda at the time the agenda was adopted.
Agenda Information Memo
June 20, 2006, Eagan City Council Meeting
NEW BUSINESS
A. CONDITIONAL USE PERMIT — SHAW INDUSTRIES
ACTIONS TO BE CONSIDERED:
To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow outdoor
storage of metal bar joists, decking materials, baggage carts, airline tow bars and baggage cart
tires not to exceed six (6') feet in height for property located at 1904 Shawnee Road on Lot 4,
Block 2, Cedar Industrial Park in the SW V4 of Section 17; subject to the conditions in the APC
minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The applicant requested this item be continued from the June 6 to the June 20, 2006
Council meeting.
➢ The existing 1 -story, 29,800 square foot warehouse facility at 1948 Shawnee Road was
constructed in 1980. The site is surrounded on all sides by properties zoned and guided
for industrial uses.
➢ The applicant is proposing to store metal bar joists and decking materials for Keystar
Inc., and baggage carts, airline tow bars and tires for Industrial Repair and
Manufacturing.
➢ The proposed outdoor storage is not consistent with the performance standard that
requires the storage to be screened from public rights=of--way.
➢ The Advisory Planning Commission held a public hearing on May 23, 2006 and is
recommending approval.
ISSUES:
➢ The applicant disputes the ability (due to topography) to provide additional plantings or
privacy fencing to screen the storage from public right-of-way (Highway 13), as
suggested in the staff report.
➢ Staff met with the applicant at the site on June 13 and agreement was reached that
landscape screening could be added behind the curb line. The applicant will submit a
Landscape Plan prepared by Landscape Architect ASAP.
60 DAY AGENCY ACTION DEADLINE: July 3, 2006
ATTACHMENTS (2):
Draft Advisory Planning Commissio nutes on pagelo'
Staff report on pages' through
Advisory Planning Commission Minutes
May 23, 2006
Page 7
D. Shawnee Assoc
Applicant Name: Shawnee Assoc
Location: 1904-22 Shawnee Road; Cedar Industrial Park
Application: Conditional Use Permit
A Conditional Use Permit to allow outside storage of material in transit.
File Number: 17 -CU -03-04-06
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated May 10, 2006. He noted the background and history.
Vice Chair Chavez opened the public hearing. -
There being no public comment, Vice Chair Chavez closed t[!@*6f@hqaring and turned the
discussion back to the Commission.
Member Jensen inquired about the depth of the ravine:: id Ch''e location of N&ored materials.
City Engineer John Gorder responded the ravine is„ pproximately 8 to 10 fee . City
Planner Ridley indicated the location of the storaWfthe site map.
Member Heaney moved, Member Feller seconded a mo recommend approval of a
Conditional Use Permit for outdoor stora„ae on Lot 4, Block dar Industrial Park (1904-22
Shawnee Road) subject to the following motions:
1. This Conditional Use Permit shall be re rd Dakota CounWithin 60 days of approval
by the City Council, and proof of record! 6-1., subrrJW@-„ e Citi.
2. All existing tempora%ih II be removefrom the sib and the site shall remain in
compliance with Ci ode Wements.
3. The applicant shall 9-affiwit a Lgdscape Plan o-pvised Site Plan indicating evergreen
plantings or privacy.fea%=tt�` .:I t een the storage from public rights-of-way.
4. The Qaf for staraqw---'sball need 6' in height.
5. T -Eft Marshal shat rove tfe-i*out of storage to ensure adequate circulation through
the stoRke area.
All voted in favrir�;aMotion carved 5-0.
9
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 10, 2006 CASE: 17 -CU -03-04-06
APPLICANT: Terrance G. Maurer HEARING DATE:
PROPERTY OWNER: Shawnee Associates APPLICATION DATE: April 19, 2006
REQUEST: Conditional Use Permit for PREPARED BY: Mary Granley
Outdoor Storage
LOCATION: 1904-22 Shawnee Road
Lot 4, Block 2, Cedar Industrial Park
COMPREHENSIVE PLAN: IND -Limited Industrial
ZONING: I -1 -Limited Industrial
SUMMARY OF REQUEST
The applicant is requesting approval of,a Conditional Use:Perini.t to allow outdoor storage of
metal materials and airline equipment for Lot 4, Block!, Cedar Industrial Paik (1904-1922
Shawnee Road) in the SW 1/4 of Section 17.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) 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 -Shawnee CUP
May 10, 2006
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.
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.
CITY CODE REQUIREMENTS
City Code Section 11.70, Subd. 22, C.2 requires the following performance standards for outdoor
storage, in addition to those standards in connection with, a conditional use permit:
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 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.
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.
C. The outdoor storage area shall be screened from view from the public
right-of-way and from any adjacent property which is designated for
residential uses in the comprehensive guide plan.
Planning Report -Shawnee CUP
May 10, 2006
Page 3
d. The storage area shall not interfere with any pedestrian or vehicular
movement.
e. The storage area shall not take up required parking spaces or landscaping
areas.
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.
BACKGROUND/HISTORY
The existing 1 -story, 29,800 square foot warehouse facility on the subject site was constructed in
1980.
EXISTING CONDITIONS
Shawnee Associates owns the subject office/warehouse, multi -tenant building at 1904-22
Shawnee Road, and the adjacent building at 1948 Shawnee Road. Three tenants currently
occupy the office/warehouse space. Keystar Incorporated is one tenant within the building,
operating a steel joist and metal deck distribution business. A second tenant, Industrial Repair
and Manufacturing, is operating a business reconditioning airlines baggage carts and airline tow
bars. Tim Stegall Carpet is the third tenant within the building. Required parking is provided on
the front (north) and south side of the building. All parking areas and rear of building are paved
with a bituminous surface.
Recent inspection of the property
revealed three temporary signs posted
at the entrance drive at Shawnee Road.
The signs are currently in violation of
City Code and should be� removed.
SURROUNDING USES
The site is surrounded on all sides by
properties zoned and guided for
industrial uses.
EVALUATION OF REQUEST
The applicant is proposing to store
metal bar joists and decking materials for Keystar Inc., and baggage carts, airline tow bars and
tires for Industrial Repair and Manufacturing. 'Storage is proposed at the rear of the building
upon the bituminous surface of the parking lot. The bar joists and decking products are held
temporarily outdoors prior to shipping. Northwest Airlines baggage carts and airplane tow bars
Planning Report -Shawnee CUP
May 10, 2006
Page 4
are dropped off and held for refurbishing, then released for shipment. Pallets of new tires are
used for replacement on baggage carts. Items stored should not exceed 6' in height.
The existing temporary signs are in violation of City Code and should be removed. If the
applicant desires permanent freestanding signage on this site, he may address it at a later date
under a separate Sign Permit application.
Compatibility, with Surrounding Area — The site is located within a limited industrial district
where outdoor storage is generally compatible with surrounding uses.
Site Plan — The proposed location of the outdoor storage is shown at the.rear of the building on
the existing bituminous surface (see attached site plan). The setback of the storage is proposed at
between 1.5 and 30 feet from the east and south property lines.: The site appears to be adequately
parked with the existing front parking areas.
City Code requires outdoor storage materials to be enclosed as necessary to .achieve security and
containment or for public safety reasons when determined necessary by the City. The proposed
location of the storage will have some visual impact on existing, surrounding uses as the
applicant proposes no screening to the storage area. Mature trees provide some visual barrier to
the right-of-way and LaFonda's Restaurant.
The applicant should submit a Landscape Plan or revised Site Plan indicating evergreen plantings
or privacy fencing to be installed to screen the storage from the restaurant and public rights-of-
way.
Access/Internal Circulation — The proposed outdoor storage may impede traffic circulation at the
rear of the building and access to loading dock areas. The Fire Marshal should review and
approve the storage layout to maintain circulation and emergency access.
SUMMARY/CONCLUSION
The applicant is proposing outdoor storage of metal materials and baggage carts in the rear paved
area of the building. The proposed storage would be setback between 15-30 feet from the
property lines, but would not be screened from any adjacent uses. Screening and circulation need
to be addressed.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit for outdoor storage on Lot 4, Block 2,
Cedar Industrial Park (1904-22 Shawnee Road). If approved the following conditions shall
apply:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council, and proof of recording submitted to the City.
f�
Planning Report -Shawnee CUP
May 10, 2006
Page 5
All existing temporary signs shall be removed from the site and the site shall remain in
compliance with City Code requirements.
2.
3. The applicant shall submit a Landscape Plan or revised Site Plan indicating evergreen
plantings or privacy fencing to be installed to screen the storage from public rights-of-
way.
4. The outdoor storage shall not exceed 6' in height.
5. The Fire Marshal shall approve the layout of storage to ensure adequate circulation
through the storage area.
0
Development/Developer:
Shawnee Assoc
Application:
Conditional Use Permit
Case No.:
17 -CU -03-04-06
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RECEIVED APR 192006
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WED vD.
SHAWNEE ASSOCIATES
14586 Hunters Lane
Savage, Minnesota 55378
952 226 4931
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Attention: Planning Department
Re: Shawnee Associates Conditional Use Permit
To whom it may concern,
The following is our written narrative as required by the Conditional Use Permit.
We own two office/warehouse buildings with industrial zoning at 1904-1948 Shawnee .
Road, Eagan, Minnesota.
We are requesting a Conditional Use Permit for the temporary storage of materials and
trailers in transit. Trailers are brought on site for repairs and work is completed inside
the buildings, and then returned. Also, materials, including steel joist and deck, are
stored for a short time while in transit.
Our buildings were built in 1980, and to the best of our knowledge, we have never had a
complaint before. We have always tried to be a leader in our industrial area, keeping our
buildings clean and free of debris and unnecessary. clutter. We have never allowed
outside storage similar to other buildings in our area.
If this is an attempt to clean up all of Cedar Industrial Park, we look forward to the effort.
We will continue to do our part!
=SE CIATES, LLP
Terrance G. Maurer, Partner
RECEIVED APR 19 200E
q. NARRATIVE
Agenda Information Memo
June 20, 2006 Eagan City Council Meeting
B. PRELIMINARY SUBDIVISION (HERITAGE OF HIGHVIEV) — GLORIA
FRITZ
ACTIONS TO BE CONSIDERED:
To approve (OR direct preparation of Findings of Fact for Denial) a Preliminary Subdivision
(Heritage of Highview) to create four single-family lots upon 1.7 acres on property located at
1420 Highview Skyline Drive, in the SE'/a of Section 4; subject to the conditions in the APC
minutes.
REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present
FACTS:
➢ The applicant is requesting approval of a subdivision to create four single family lots.
➢ The existing single family home was built in 1964 and will be removed after subdivision.
➢ The proposed subdivision and lots meet/exceed all subdivision and zoning requirements.
➢ The APC held a public Hearing on this item on May 23, 2006 and they are
recommending denial (3-2 vote).
ISSUES:
➢ Two area neighbors spoke against the subdivision as not being in keeping with lot sizes
in the area.
➢ The City Attorney has indicated that the proposal is consistent with the Guide Plan
designation and all zoning/subdivision requirements and should be approved.
➢ The applicant has submitted additional information illustrating prospective views and
similar sized lots in this area of the City (Section 4).
120 DAY AGENCY ACTION DEADLINE: August 16, 2006
ATTACHMENTS (3):
Draft APC Minutes o ages IP12� through
Staff report on page through
Additional information submitted by the applicant on pages/114 through 110
Advisory Planning Commission Minutes
May 23, 2006
Page 5
C. The Heritage of Highview
Applicant Name: Owner
Location: 1420 Highview Ave.; Lot 2 & 3, Block 1, Highview Park Addition
Application: Preliminary Subdivision
A Preliminary Subdivision of 1.7 acres to create 4 single-family lots.
File Number: 04 -PS -08-04-06
City Planner Ridley introduced this item and highlighted the information presented in the City
Staff report dated May 8, 2006. He noted the background and history.
Mike Brandvold, Anderson Engineering stated objection to the par ication calculation
(for three lots) referenced in the staff report.
City Planner Ridley stated the park land dedication fee wasearch d, due to past
payments, should be required for only two of the propos t .
Vice Chair Chavez opened the public hearing.
Ruth Twomey, neighboring resident stated objectiondiv f the prope he stated
concern that if subdivision is allowed, many others will same consideration.
Martha Metz, 1439 Highview Ave., stateVnect%
ion to the srr of sizes and stated they
should be kept larger to fit into the rest oorhood: Sh concern that the I,
would be hard to sell being in the airport hich they orated. She stated
nrafarance for two lots instead of four los sitb,
Vice Chair Chavez stated%'r00%lcomplies ,I he Comprehensive Guide. Plan land use
designation ofL Densi'
City PlaqW Ridley ll ofis meet or exceed all City Code requirements of the R-1
Member KlIft stated condXZ for the density in comparison to the surrounding neighborhood.
Member Keele V4ect
r Heaney seconded, a motion to recommend approval of a
Preliminary SubHeritage of Highview) consisting of four lots on 1.7 acres located
at 1420 Highview south side of Highview Avenue just west of Pilot Knob Road in
the SE % of Sectiothe following conditions:
1. The developer shall comply with the following standard conditions of plat approval as
adopted by Council on February 2,1993: A1, 131, C1-3, D1, and E1.
2. The property shall be platted.
3. Architectural designs and construction methods for new construction within the development
shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45
Advisory Planning Commission Minutes
May 23, 2006
Page 6
dBA as compared with a noise level of 65 DNL. This'would require an inside noise level
reduction of at least 20 dBA.
4. All existing sanitary sewer and water services shall be abandoned in accordance with City
Public Works standards as part of this development.
5. The trail connection between Lots 2 and 3 shall be constructed by the developer prior to
issuance of building permits for the proposed houses ori those lots.
6. The developer shall dedicate a public trail easement, in a forma le to the City
Attorney, (minimum of 15 feet in width) to cover the proposed betty en Lots 2 and 3.
7. Water Quality requirements shall be via a cash dedicatio
8. The developer shall submit a revised Tree Prese
application that illustrates the placement of Tree
silt fence or 4 foot polyethylene laminate safe
perimeter of the Critical Root Zone, whichev
be preserved on-site.
9. The developer shall also contact the
inspection at least five days prior to
Preservation Plan and placement of
A vote was
Aye: Vic air Ch d NMeJensen.Nay: bers Heaney%
Nay: bers Heaney,
Motion
y Division
to ensure
lots based on the net
to the cost of constructing the trail
_Upt covered by trail dedication should be
Member Keele Ve
r Heaney seconded a motion to recommend denial of a
Preliminary SubHeritage of Highview) consisting of four lots on 1.7 acres located
at 1420 Highview A south side of Highview Ave just west of Pilot Knob Road in the
SE % of Section 4 nsity compared to the surrounding neighborhood.
A vote was taken.
Aye: Members Heaney, Keeley, and Feller.
Nay: Vice Chair Chavez and Member Jensen.
Motion carried 3-2.
93
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: May 8, 2006
APPLICANT: Gloria Fritz
PROPERTY OWNER: Same
REQUEST: Preliminary Subdivision
LOCATION: 1420 Highview Avenue
COMPREHENSIVE PLAN LD Low Density
ZONING: R-1, Single Family
SUMMARY OF REQUEST
CASE: 04 -PS -08-04-06
HEARING DATE: May 23, 2003
APPLICATION DATE:, April 16, 2003
PREPARED BY: Michael J. Ridley, AICP
Gloria Fritz is requesting approval of a Preliminary Subdivision (The Heritage of Highview)
consisting of four lots on 1.7 acres located on the south side of Highview Ave just west of Pilot
Knob Road in the SE V4 of Section 4.
AUTHORITY FOR REVIEW
Subdivision:
City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission
and the Council shall be guided by criteria, including the following, in approving, denying or
establishing conditions related thereto:
A. That the proposed subdivision does comply with. applicable City Code provisions and the
Comprehensive Guide Plan.
B. That the design or improvement of the proposed subdivision complies with applicable
plans of Dakota County, State of Minnesota, or the Metropolitan Council.
C. That the physical characteristics of the site including, but not limited to, topography,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage
and retention are such that the site is suitable for the type of development or use
contemplated.
D. That the site physically is suitable for the proposed density of development.
Planning Report — The Heritage of Highview
May 23, 2006
Page 2
E. That the design of the subdivision or the proposed improvement is not likely to cause
environmental damage.
F. That the design of the subdivision or the type of improvements is not likely to cause
health problems.
G. That the design of the subdivision or the improvements will not conflict with easements
of record or with easements established by judgment of court.
H. That completion of the proposed development of the subdivision can be completed in a
timely manner so as not to cause an economic burden upon the City for, maintenance,
repayment of bonds, or similar burden. '
I. That the subdivision has been properly planned for possible solar energy system use
within the subdivision or as it relates to adjacent property. (Refer to City Handbook on
Solar Access).
I That the design of public improvements for the subdivision is compatible and consistent
with the platting or approved preliminary plat on adjacent lands.
K. That the subdivision is in compliance with those standards set forth in that certain
document entitled "City of Eagan Water Quality Management Plan for the Gun Club
Lake Watershed Management Organization" which document is properly approved and
filed with the office of the City Clerk hereinafter referred to as the "Water Quality
Management Plan". Said document and all of the notations, references and other
information contained therein shall have the same force and effect as if fully set down
herein and is hereby made a part of this Chapter by reference and incorporated herein as
fully as if set forth herein at length. It shall be the responsibility of the City Clerk to
maintain the Water Quality. Management Plan and make the same available to. the
public."
BACKGROUND/HISTORY
The subject site consists of two adjacent platted lots (Lots 2 & 3, Block 1, Highview Park
Addition). The existing home, located on Lot 3, was built in 1964.
EXISTING CONDITIONS
There is an existing single -story home, detached garage and shed on the site. The detached
garage crosses the common lot line with Lot 2. The site has a variation in topography that will
allow the southern two lots to accommodate a walkout and a lookout design. The site is
generally open with mature trees scattered throughout the site but primarily located along the
south and west site boundaries.
g5
Planning Report— The Heritage of Highview
May 23, 2006
Page 3
SURROUNDING USES
The site is surrounded on all sides by land zoned, guided and used for single family residential.
EVALUATION OF REQUEST
Compatibility with Surrounding Area - The proposed subdivision appears compatible with this
area of single family homes. The area is impacted by airport operations at MSP; noise
considerations are discussed below.
Lots — The subdivision will create four lots that exceed the 12,000 SF minimum R-1 lot size and
85' lot width requirements; the proposed lots range in size from 14,053 SF to 15,154 SF.
Dens i — The proposed subdivision will create four lots on 1.7 acres; resulting in a density of 2.3
units/acre.
Setbacks — The applicant has depicted the buildable area and possible building pads for each lot
that meet or exceed all R-1 zoning bulk standards for setback, building coverage
Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its
Comprehensive Land Use Guide Plan. The Metropolitan Council has adopted an Aviation Chapter
in Metropolitan Development Guide that anticipates the impacts from the continued operation of
the airport at its -current location. The noise policy contours in Eagan place the subject property
within Noise Zone 4. The City's adopted Comprehensive Guide Plan currently designates the
area as LD, Low Density residential.
Within this area, infill single-family development would be conditional. To approve such
development in this area, the City Council would need to make acceptable findings concerning the
following Land Use Review Factors:
1. Indoor Sound Level: Proposed construction design will provide outdoor to indoor
attenuation required by structure performance standards.
2. Location: Located under major departure flight track used by jets.
3. Location: Located parallel to primary runway used by jets.
4. Location: Located parallel to runway to be used for unshielded engine run -ups.
5. Planning Considerations: Consistent with adjacent land use ambient noise; consistent with
the overall Comprehensive Plan.
6. Method of Disclosure: Local government has adopted effective method to inform future
occupants of aircraft noise exposure.
With respect to the factual aspects of the Review Factors, the site is located approximately two
miles southeast of the parallel runways at MSP, adjacent to primary arrival and departure flight
tracks for those runways; in between the 60 and 65 db noise corridors. The property is also
approximately two miles from the engine maintenance and run up area. (Factors #2-4)
Planning Report — The Heritage of Highview
May 23, 2006
Page 4
The City's updated Land Use and Zoning Maps depict the Metropolitan Council's noise policy
contours. This will serve as notice to future occupants of the potential noise from aircraft
operations. (Factor #6)
If the City determines that findings concerning these conditions support the approval of this
application for in -fill development, it should be conditioned on the following: Architectural
designs and construction methods for new construction within the development should incorporate
sound attenuation standards sufficient to achieve an interior sound level of 45 dBA as compared
with a noise level of 65 DNL. This would require an inside noise level reduction of at least
20 dBA. (Factors #1 & #5)
Grading — The preliminary grading plan is acceptable with modifications. The site is relatively
flat and generally slopes from its center north to Highview Avenue and south toward Highview
Park.
Storm Drainage — The preliminary storm drainage plan is acceptable with modifications. The
storm water runoff from a majority of the development is proposed to drain to the proposed cul-
de-sac and into existing storm sewer within Highview Avenue. The existing storm sewer
connects to the storm sewer pipe system within Pilot Knob Road. The remainder of storm water
runoff will drain to adjacent properties in amounts equal to or less than current conditions.
Utilities — The preliminary utility plan is acceptable. Sanitary sewer and water main of sufficient
size, depth and capacity is available for connection from Highview Avenue. All existing sanitary
sewer and water services should be abandoned in accordance with City Public Works standards
as part of this development.
Streets/Access/Circulation — Public street access for the development is proposed from the
extension of "Highview Court" south from Highview Avenue. Highview Court is proposed as a
200 -foot long cul-de-sac 4t dimensions in accordance with City standards.
A public bituminous -surface trail is proposed between Lots 2 and 3 from Highview Court to
provide public pedestrian access to Highview Park from the north. This trail connection should
be constructed by the developer prior to issuance of building permits for the proposed houses on
Lot 2 or Lot 3.
Easements/Permits/Right-of-Way — The developer should dedicate a public trail easement
(minimum of 15 feet in width) to cover the proposed trail between Lots 2 and.3.
The easement should be recorded with the final plat.
Financial Obligation — At this time, there are no pending assessments on the parcel proposed for
platting.
Based upon a study -by City staff of the financial obligations collected in -the past and proposed
use for the property, the following estimated charges will be collected at time of final subdivision
or connection to the City's utility system. The final charges will be computed using the rates in
97
Planning Report — The Heritage of Highview
May 23, 2006
Page 5
effect at time of connection or subdivision. The estimated financial obligation is subject to
change based upon the areas, dimensions and land uses contained in the final subdivision or plat,
with due allowances for easements and right-of-way required with the plat:
Im rovement
Use
Rate
Quantity
Amount
Sanitary Lateral
SF
$26.70/ ff
160 ff
$4,120
Storm Sewer Trunk
SF
$0.103/ sf
48,003 sf
$4,945
Water Trunk'
SF
$1,170/ lot
4 lots
$4,680
Total
$13,741
Water Quality/Wetlands — Given the limited size of the subject site, Water Quality requirements
should be met with a cash dedication. There. are no wetlands on the property.
Tree Preservation — There are 44 significant trees on site. The Tree Preservation Plan indicates
removal of 16 significant trees (36.4% of the total) which is under the allowed 40% removal for
this type of development; as such, there is no required tree mitigation.
The applicant should submit a revised Tree Preservation Plan that illustrates the placement of
Tree Protection measures (i.e. orange colored silt fence or 4 foot polyethylene laminate safety
netting) installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is
greater, of significant trees/woodlands to be preserved on-site.
The applicant should also contact the Forestry Division to set up a pre -construction site
inspection at least five days prior to mg to ensure compliance with the approved Tree
Preservation Plan and placement of the Tree Protection Fencing.
Parks & Recreation — The project should be subject to a cash park dedication, ($3,278/unit) for
net increase in lots (three). The applicant's trail dedication ($238/unit) for three lots should be
credited by the amount of the construction cost for the Highview Park trail connection.
Construction costs not covered by trail dedication should be credited to the three lot park
dedication.
For 2006 projects, the City Engineering Division calculated credit of $15 per lineal foot of
81wide bituminous trail would be applied. Because the estimated value of the credit may
exceed the calculated trail dedication a small credit could be applied toward the park .
dedication. Based on 2006 figures, the following dedication amounts would be required. The
trail construction costs are estimates and would be calculated at the time. of final plat
approval through the development contract.
Trail Dedication =
Park Dedication =
Total dedication =
Trail Construction Credit = (90'x $15 = $1,350)
Approx Balance Dedication Due =
$ 714
9834
10,548
(1,350)
$ 9,198
Planning Report — The Heritage of Highview
May 23, 2006
Page 6
SUMMARY/CONCLUSION
The proposed subdivision meets all R-1 zoning and bulk standards, proposes tree removal under
the allowable limit and appears compatible with this single family detached area. With respect to
airport noise, the in -fill site's location requires sound attenuation measures be utilized with the
construction of each new home.
ACTION TO BE CONSIDERED
To recommend approval of a Preliminary Subdivision (The Heritage of Highview) consisting
of four lots on 1.7 acres located at 1420 Highview Avenue on the south side of Highview Ave
just west of Pilot Knob Road in the SE 1/4 of Section 4.
If approved, the City has determined that conditions support the approval of this infill
development and the following conditions shall apply:
1. The developer shall comply with the following standard conditions of plat approval as
adopted by Council on February 2, 1993: A1, B1, C1-3, D1, and E1.
2. The property shall be platted.
3. Architectural designs and construction methods for new construction within the development
shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45
dBA as compared with a noise level of 65 DNL. This would require an inside noise level
reduction of at least 20 dBA.
4. All existing sanitary sewer and water services shall be abandoned in accordance with City
Public Works standards as part of this development.
5. The trail connection between Lots 2 and 3 shall be constructed by the developer prior to
issuance of building permits for the proposed houses on those lots. .
6. The developer shall dedicate a public trail easement, in a form acceptable to the City
Attorney, (minimum of 15 feet in width) to cover the proposed trail between Lots 2 and 3.
7. Water Quality requirements shall be via a cash dedication.
8. The developer shall submit a revised Tree Preservation Plan with the Final Subdivision
application that illustrates the placement of Tree Protection measures (i.e. orange colored silt
fence or 4 foot polyethylene laminate safety netting) installed at the Drip Line or at the
perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be
preserved on-site.
Planning Report — The Heritage of Highview
May 23, 2006
Page 7
9. The developer shall also contact the Forestry Division to set up a pre -construction site
inspection at least five days prior to grading to ensure compliance with the approved Tree
Preservation Plan and placement of the Tree Protection Fencing.
10. The developer is subject to a cash park and trail dedication for three lots based on the net
increase of homes.
11. The developer's trail dedication shall be credited to the cost of constructing the trail
connection to Highview Park. Construction costs not covered by trail dedication should be
credited to the three lot park dedication.
210
STANDARD CONDITIONS OF PLAT APPROVAL
A. Financial Obligations
This development shall accept its additional financial obligations as
defined in the staffs report in accordance with the final plat dimensions
and the rates in effect at the time of final plat approval.
B. Easements and Rights -of -Way
This development shall dedicate 10 -foot drainage and utility easements
centered over all lot lines . and, in addition, where necessary to
accommodate existing or proposed utilities for drainage ways within the
plat. The development shall dedicate easements of sufficient width and
location as determined necessary by engineering standards.
2. This development shall dedicate, provide, or financially guarantee the
acquisition costs of drainage, ponding, and utility easements in addition to
public street rights-of-way as required by the alignment, depth, and
storage capacity of all required public utilities . and streets located beyond
the boundaries of this plat as necessary to service or accommodate this
development.
3. This development shall dedicate all public right-of-way and temporary
slope easements for ultimate development of adjacent roadways as
required by the appropriate jurisdictional agency.
4. . This development shall dedicate adequate drainage and ponding easements
to incorporate the required high water elevation plus three (3) feet as
necessitated by storm water storage requirements.
C. Plans and Specifications
1. All public and private streets, drainage systems, and utilities necessary to
provide service to this development shall be designed and certified by a
registered professional engineer in accordance with City adopted codes,
engineering standards, guidelines, and policies prior to application for
final plat approval.
2. A detailed grading, drainage, erosion, and sediment control plan must be
prepared in accordance with current City standards prior to final plat
approval. .
3. This development shall ensure that all dead-end public streets shall have a
cul-de-sac constructed in accordance with City engineering standards.
/d/
4. A separate detailed landscape plan shall be submitted overlaid on the
proposed grading and utility plan. The financial guarantee for such plan
shall be included in the Development Contract and shall not be released
until one year after the date of City certified compliance.
D. Public Improvements
1. If any improvements are to be installed under a City contract, the
appropriate project must be approved by Council action prior to final plat
approval.
E. Permits.
1. This development shall be responsible for the acquisition of all regulatory
agency permits required by the affected agency prior to final plat approval.
F. Parks and Trails Dedications
This development shall fulfill its park and trail dedication requirements as
recommended by the Advisory Parks Commission and approved by
Council action.
G. Water Ouality Dedication
This development shall be responsible for provided a cash dedication,
ponding, or a combination thereof in accordance with the criteria
identified in the City's Water Quality Management Plan, as recommended
by the Advisory Parks Commission and approved by Council action.
H. Other
1. All subdivision, zoning, and other ordinances affecting this development
shall be adhered to, unless specifically granted a Variance by Council
action.
Advisory Planning Commission
Approved: August 25, 1987
G:Engineering/Forms/Standard Conditions of Plat Approval
City Council
September 15. 1987
Revised: July 10, 1990
Revised: February 2, 1993
102,
Eagan Boundary
Map
Right-Location
Parcel Area
Parcel Area
"',1t ' Park Area
Building Footprint
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The Heritage of Highview,
Application:
Preliminary Subdivision
Case No.:
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Map Prepared using ERSI AmVlew A1. Parcel base map data provided
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THIS MAP IS INTENDED FOR REFERENCE
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FINANCIAL OBLIGATION LEGEND
Storm Sewer Trunk
Water Trunk
••••••• Sanitary Sewer ( 160 ff. )
" The Heritage of Highview Addition"
City Of Eagan Financial. Obligation
Engineering Department
—7
Preliminary Plat - "HIGHVIEW ESTATES"
1420 Highview Avenue, Eagan, MN
Supporting Information
Overview
The Owner/Applicant is proposing a four lot Preliminary Plat subdivision for the existing 1.7 -acre
parcel of land located near the southwest comer of Highview Ave and Pilot Knob Rd. An early
1960s era single family home.is located on the site. The owner occupies the home.
Site Conditions
Current zoning is R-1. Proposed zoning is R-1. Comprehensive Guide Plan designation is
Residential. Comprehensive Guide Plan will remain Residential.
The home is accessed by an existing loop driveway. City sewer and water serve the home. The
proposed plan calls for removing the existing home. Four new homes would be located on a cul-
de-sac. Lot sizes are approximately 1/3 acre. Sewer and Water utilities are currently available on
Highview Avenue for use with the single-family homes.
The site is open in nature. Mowed lawn and a few trees exist on the site. The site is a Level 1
area with respect to wetlands. There are no wetlands on the project. An open -space style city
park abuts the site to the south.
Surrounding land uses within 600 feet include single-family residential, commercialand
park/open space.
Design Criteria
No zoning changes or variances are required for this development. Each lot meets the 12,000
square foot area requirement. City utilities will be extended south' to serve the four lots. The
following design parameters were reviewed:
Minimized site disturbance (best fit
house)
Opportunity to minimize tree loss
Shortest cul-de-sac
• Burial of overhead utility lines
• Comparison of adjacent lot criteria
• Existing neighborhood layout
Neighborhood Conditions
Specific proximity to the Pilot Knob Road/494 area makes the site very amenable for single-
family home use. A four -lot division is in character with recent development to the west.
Existing traffic near the site is residential in nature. The project is located on the easterly end of
Highview Avenue.. This street serves a couple residential streets to the south and west.
Highview Avenue connects to Sibley Memorial Highway near the Lost Spur Golf course.
Residents leaving the site would generally go east to access Pilot Knob Road. Proposed traffic
//D
66
RECEIVED APR 19 2006
1420 Highview Ave
Page 2 of 4
would be homeowner vehicles along with weekly refuse pickup. Trips generated by the new
homes will be minimal.
Care was taken to minimize the grading and tree impact for this project. New landscaping will be
planted around each new home. The owner will work with the neighbors to minimize access
disruptions while a sewer and water service is installed.
Effects on streets, utilities, and narks:
The change is in line with the Comprehensive Plan for this area. Utility construction will connect
the proposed homes to the existing sanitary sewer and watermain located within Highview
Avenue. Current utilities are of adequate size for the proposed homes. Metropolitan Council
sewer and water access charges will.be paid for the additional home sites.
Parkland dedication fees will be paid in lieu of land. $9,834 will be paid to the City for use of
new park acquisition and or enhancement.
RECEIVED APR 19 2666
Z:\Docs 10900\10924\Correspondence\City\PRELIMINARY PLAT Narrative 4-17-06.doc
1420 Highview Ave
Anulicant and Consultant Data
Applicant/Owner:
Gloria Fritz
1420 Highview Avenue
Eagan, MN 55121
651.454.1762 phone & fax
651.755.0824 cellular
Professional Consultants:
Michael Brandvold, P.E.
Jack Bolke, L.S.
Anderson Engineering of MN
13605 1 st Ave N
Plymouth MN 55441
763.412.4017 phone
763.383.1089 fax
Page 3 of 4
RECEIVED AP''R
Z:\Docs 10900\10924\Correspondence\C4\PRELIMINARY PLAT Narrabve 4-17-06.doc
112 10
1420 Highview Ave
Legal Description
Page 4 of 4
Lot 2 and 3, Block 1, Highview Park Addition, Dakota County, Minnesota.
RECEIVED APR 19 2006
Z:\Docs 10900\10924\Correspondence\City\PRELIMINARY PLAT Narrative 4-17-06.doc
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N.9fr STA E OF, MINNESOTA
0)0 COUNTY OF Alio�f}
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v ri .r
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p'Iz The foregoing-_
oregoing instrument was ac
John E. 0": oole and Eileen E. C
Mn
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s. Mar" m1 to •�- ..,..'erg ."Aa "-, ': �fI Q
.r+-. ..raY. 3�- � �- s � fi'• a.. OI
1z h S� t 111 O
to 4 01 I 8� d STATE OF:MIN�lESOT
;-�t � � !y COUNTY OF F4-JCo
s
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fez€ -x+�� an ---` 3�e-'°'. . 1"! -'� 1•a-;_ .:. i (. ♦ .:. � -
,'
2500 ' The foregoing instrument was ac
30 3'0 1 08.3 ! 70.60 50> Jerris G.-Torgerson and Jean B.
Tsoss , s SKYLINE QPIVE o.
3134-0
if-
ASEA�6Y#h&#F6-tE-
+� = `. N 89° 49'371L.- Wt I hereby certify that I have st
that this plat is a correct rel
1319,17 plat in feet :and hundi`edths of
ry=es°49'37 "W shown, that the outside bovnda3
r public higfirays to be
lands Q
KN.06V ALL >SES BY THESE, PRESENTS i That Ursula -Serres:, a single person, 'owner and:�roprietor; and: Sohn E STATE OF MINNESOTA
MU,
Abbb-
'r
City. of Evan Am
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JUNE 1% 2006
SUBJECT: ADDITIONAL INFORMATION / JUNE 20, 2006 CITY COUNCIL MEETING
CONSENT AGENDA
B. PERSONNEL ITEMS
Item 7. Resignation/Police Officer—
ACTION TO BE CONSIDERED:
To accept the letter of resignation from Police Officer Andrew Rapaway.
Z. Tree Contractor License — Immediate Response, LLC — To approve the application for
r......,.,.a:..t Respense, LLC, 8850 540Lh Street, Rush City, MN fer a Tree .1--int—en—mee Gentraeter
License.
/s/ Thomas L. Hedges
Cfif Administrator
14
ADMINISTRATIVE AGENDA
REGULAR CITY COUNCIL MEETING
EAGAN, MINNESOTA
JUNE 19, 2006
CITY ATTORNEY
CITY ADMINISTRATOR
DIRECTOR OF PUBLIC WORKS
Item 1. Gopher Commons — Preliminary Plat
DIRECTOR OF COMMUNITY DEVELOPMENT
Item 1. Redevelopment District Update
Item 2. Development/Construction Activity
�CityofEapu demo
TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: JUNE 199 2006
SUBJECT: ADMINISTRATIVE AGENDA / JUNE 20, 2006 CITY COUNCIL MEETING
CITY ATTORNEY
The City Council reserves the right to schedule an Executive Session/Closed Session for the
purpose of considering threatened or pending litigation and matters of personnel.
CITY ADMINISTRATOR
There are no items at this time.
DIRECTOR OF PUBLIC WORKS
Item 1. Gopher Commons — Preliminary Plat (Access Spacing Variance Request) — On
January 24, the Advisory Planning Commission recommended approval of the proposed "Gopher
Commons" subdivision located in the southwest quadrant of TH 149 and Yankee Doodle Rd.
subject to various conditions. On January 9, the County Plat Commission had previously reviewed
the proposed Preliminary Plat and recommended denial due to access spacing concerns. The
subdivision application has not progressed to the City Council for consideration while the applicant
and City staff evaluated various alternatives in an effort to address the County's concerns. After
several meetings with County staff and representatives of the County Plat Commission, City staff
believes there may be an opportunity for favorable consideration of a variance to the County's
Access Spacing guidelines allowing the development proposal to proceed to the Council for formal
consideration. However, this requires the City to submit a request for a variance to these guidelines.
Enclosed on pages through is a copy of the proposed development and the
"Talking Points" that have een used to support this variance request.
ACTION TO BE CONSIDERED:
Authorize City Staff to submit a request for a Variance to the County's Access Spacing guidelines
for the proposed Gopher Commons Addition.
COMMUNITY DEVELOPMENT DIRECTOR
Item 1. Redevelopment District Update — Staff is providing regular updates to the City Council
regarding the City's redevelopment districts as a part of each administrative agenda. In addition to
up:
the information enclosed on pages U�— through , staff will be available to provide
comments or respond to questions relative to the redevelopment projects at Tuesday's meeting.
Item 2. Development/Construction Activity — Per the Council's request, Community
Development staff will provide bi-weekly uDdates of larger development and construction activity.
The current update is enclosed on page 0.
/s/ Thomas L. Hedges
City Administrator
MI
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Talking Points for Discussion with Dakota County Plat Commission
GOPHER COMMONS ACCESS TO
CSAH 28 (YANKEE DOODLE ROAD)
05-24-06
Background
1. A full access median break is currently located on County State Aid Highway
(CSAH) 28, approximately 800ft west of TH 149. It provides full turning
movements serving Gopher Resources Corp. on the north side, and an entrance to
a 20 -acre aggregate recycling operation on the south side (proposed Gopher
Commons commercial development). The location of this intersection also
provides a major access (via a dedicated easement and planned future road
connection) to Opperman Drive and its signalized intersection with TH 149,
serving the greater Thomson -West corporate campus.
2. This 20 -acre Gopher Commons parcel has—1,090ft of frontage along CSAH 28
(Yankee Doodle Rd) and is bounded by the C.P. Railroad on its east side and a 5
million gallon water reservoir on a 44 ft. high hill along its west side. This
parcel's west property line is located—1,175ft from TH 149 to the east and 1,495
from Elrene Rd to the west.
3. This section of CSAH 28 is classified as an A -Minor Arterial roadway with a
2000 traffic volume count of 12,000 ADT and a 2025 projected traffic volume
estimate of 23,500 ADT.
4.. The County's current access spacing guidelines identify a 1/4 mile (1,320 ft)
separation between full access medians for this classification and traffic volume
projection.
Issue
1. The County has expressed a desire to have the current full movement access
corrected to meet their current spacing guidelines as part of their consideration of
plat approval for the proposed Gopher Commons development.
2. The standard 1/4 -mile spacing is located beyond the parcel's west property line and
adjacent to the City's 5 MG water reservoir. Subsequently, there is no opportunity
to achieve the desired'/4-mile spacing as part of platting this property.
Histo
1. In 1990, a draft Environmental Impact Statement (EIS) was prepared for the
proposed West Publishing's developmentlexpansion. Their long-term
development plans showed a future road extension from Opperman Dr (near TH
149) north to County State Aid Highway (CSAR) 28 — Yankee Doodle Rd. No
comments were submitted in regards to the required access to Yankee Doodle Rd.
An Indirect Source Permit (ISP) was. also prepared for the West development
expansion plans referencing this County Road connection as well.
10,0
2. In 1994, the City and County mutually begin the process to upgrade CSAH 28 to
a 4 -lane divided highway from Co. Rd. 43 (Lexington Ave.) to TH 149. Dakota
County was the lead agency, and together with the City, hosted various open
houses and public hearings presenting the proposed design section and alignment,
including the current location of the West Publishing easement and access.
3. In 1995, Dakota County prepared the required EAW for the project referencing
West Publishing's ISP (stipulating the current full access to Y.D. Rd.). The EAW
includes graphics showing the necessary relocation of the pre-existing access
driveway for the Gopher Smelting Corp. property (on the north side) to line up
with West's Opperman Dr. access easement. Additional correspondence to West
Publishing from the County references the new relocated full access designed
intersection that exists today.
4. The upgrade of the pre-existing Gopher Smelting driveway into a frontage road
and its relocation further west was also limited by environmental concerns on the
property along the north side of Y.D. Rd. in addition to the dedicated easement of
West's Opperman Dr. Access easement and the location and elevation of the
City's water reservoir.
Considerations
1. The County's interests to achieve 1/4 -mile spacing along this classification of
county highway is to promote safety and increase mobility. Their Transportation
Plan's strategy is to achieve this goal whenever possible through conditional
approval of plats under their Contiguous Platting Ordinance.
2. This parcel does not have the ability or authority to relocate the current access to
med dae desired ffiteLSOUtiOn Spacing. WM e the ement access is located. 300+ft
east of 'its west property line, there are significant constraints that inhibit the
benefit of even trying to achieve closer compliance with the required spacing
dimension, namely:
a. If the access were moved to the west, it approaches the crest of the hill on
the County Rd. creating sight and stopping distance concerns.
b. The compatible requirement to relocate the north frontage road serving
Gopher Resources further to the west puts it into an environmentally
sensitive area that the County purposefully wanted to stay away from
during the original design & planning process for County Contract 28-12.
c. There are significant costs associated with any County Rd. intersection
relocation (median reconstruction, turn lanes, etc.). Relocation of this
intersection would also be impacted by the William Bros Pipeline
easement, substantial retaining walls adjacent to the City's elevated water
reservoir property and concerns with supporting ground stability for the
existing reservoir and a planned additional tank.
d. The Gopher parcel does not have controlling rights to West's exclusive
Opperman Dr. access easement to Y.D. Rd. which is shown on the
construction drawings from the 1995 project.
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3. There simply does not appear to be an effective "cost/benefit" justification to
impose it condition that would require that the current intersection which was
designed and approved by the County in 1995 be relocated to a point which would
still not meet the County's spacing guidelines.
4. The recent completion (2005) of the extension of this CSAR 28 from TH 149 into
Inver Grove Heights by Dakota County established its first full movement access
intersection at the approximate same spacing (800 ft from TH 149) as West's
Opperman connection intersection due to property line constraints.
GAP/Projects/Private/Gopher CommonshaUdng points
laS
City of Eap Nero
TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR
DATE: JUNE 19, 2006
SUBJECT: REDEVELOPMENT DISTRICT ACTIVITY UPDATE
The following update reflects activity in the City's redevelopment districts.
General Redevelopment
• Impact of Eminent Domain Legislation on Redevelopment Districts — In consideration of the
2006 law changes, staff, Ehlers and Associates and the City Attorney will develop a property
acquisition plan for the two Eagan Redevelopment Districts that were in place prior to February
1, 2006. Acquisition must occur within five years of the certification of the district, which will
be August 8, 2007 in the case of the Northeast Eagan District and July 22, 2008 in the case of the
Cedar Grove District.
Cedar Grove Redevelopment District
• First Phase Development Plans — The public purpose hearing for the acquisition of the
Cedarvale Mall is scheduled for Friday morning, June 23. Staff and the developer continue to
meet to coordinate the submittal and review of the first phase development applications. The
U! U'VVIlLoper has "in icated that they are hiring a new site planner te seed cens®Pt plan
that takes into account updated market study information and alternatives for the design of the
east end of the core area in consideration of the refocused transit station location on the west end
of the site.
Silver Bell Center Remodeling — The owners of Silver Bell Center, next to McDonalds, have
indicated that they will be proceeding with the refacing and remodeling of the shopping center to
meet the CGD standards. The option agreements to hold spaces at Silver Bell for Cedarvale
Barbers, Mike's Shoe Repair, Cedarvale Tailors and Burton's Frame Shop have been executed.
Acquisition and Relocation Plans — Staff is in contact with the owners of All American
Recreation and the Shell Station and are waiting for appraisals from Ellingson and Associates
and Steve Martin for to negotiate the acquisition of those properties. Staff has also discussed
possible acquisition with the owners of the Sinclair Station and Kelly Plourde Sales. Several
other property owners are actively seeking new sites for their businesses.
Communications Activities — The Cedar Grove Gateway, the monthly newsletter update, is
being distributed to businesses in the area. Website updates also continue.
Northeast Eatan Redevelopment District
• Grand Oaks Development — Construction is complet on first office building, retail center
and bank building. Construction is also underway on the Grand Oak 11 office building on the
former site of the TMI building.
• TMI Relocation Assistance Appeal — TMI has submitted a written request for a hearing to
consider their appeal on relocation claims that the City's relocation consultant has denied, for
various reasons. The hearing officer under the policy is the Inver Grove Heights City
Attorney. That office is in the process of requesting detailed background on the claim from
TMI, which will be necessary before they can schedule a hearing date.
• McGough Office Project — The developer submitted revised offers to the four remaining
property owners in the Blue Gentian Circle area. Roger Reiling requested mediation to
resolve differences in valuations. Some of the other property owners indicated that they
would consider responses based on the mediation with Mr. Reiling. A mediation session on
Thursday, May 18 permitted the parties to approach a mutually acceptable square footage
price, but differences remain on the total square footage believed to be owned by Mr. Reiling.
Staff has asked for an update on the status of negotiations. If no further progress is likely due
to the disagreement on the area owned, the City Attorney's office has had appraisals of the
property prepared and is in a position to request that the parties begin to negotiate with the
City instead.
• Hwy 55 Parcels — Greg Miller of Interstate Partners has approached staff regarding their
negotiations to acquire the Cheney property and a portion of the DART Transit property in
that part of the District south of Hwy 55 for possible redevelopment as an office showroom
product similar to Grand Oak 6. If the negotiations are successful, Interstate would ask the
City to consider assistance with the acquisition of the motel property and the installation of
public improvements in the area. The concept plan does not include the Hose -Conveyor
building or the two DART parcels closest to the Hwy 55-149 intersection.
Southeast Eagan Masterplan
• The City Council will consider the final resolution to create the district at its meeting on June
20.
lad
City of Eavan demo
TO.: Jon Hohenstein, Community Development Director
FROM: Dale Schoeppner, Chief Building Official
Mike Ridley, City Planner
DATE: June 15, 2006
SUBJECT: Development/Construction Activity Update
The following update reflects recent activity in the Building and Planning Divisions.
Permits Issued
Address Explanation Valuation Type
No activity over $100,000 since the last update.
Planning/Development Update
➢ The Window Sign Task Force concluded it's meetings on June 6; the outcome of the
group's efforts will be shared at a Council Workshop this fall.
➢ Progress has been made with Dakota County relative to access and the pending Gopher
Commons subdivision/development proposal at Yankee Doodle and Hwy 149.
Staff will be happy to provide a brief overview of these items and/or respond to questions at
Tuesday's meeting: As always, staff is available between meetings to respond to questions that may
come to Council members' attention from the community.
IMMUding Addy Reporfs/Commerolal Reports for CC/2006
C46